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Students- Series 3000
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Goals- 3000
There is no more important right for young people than the right to a free education. The district endeavors to provide the best learning opportunities possible within the resources available. In addition to a full instructional program, those opportunities include a wide range of student activities to stimulate the athletic, artistic, and creative skills of students.
In exchange for these opportunities both students and their parents assume substantial responsibilities in order to preserve an orderly and safe school learning environment. Students must abide by the reasonable rules and instructions of their teachers. Discipline is fairly administered to modify student behavior rather than to punish. Parents are encouraged to inquire about the successes and problems of their children and to reinforce their learning at home by showing an active interest in students' development.
Adoption Date: June 24, 1992
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Qualification of Attendance and Placement- 3110
Qualification of Attendance and Placement
A. Age of Admission
It is the right and responsibility of those who meet the requirements prescribed by law to attend the schools of the district. Every resident of the district who satisfies the minimum entry age requirement and is less than 21 years of age has the right to attend the district's schools until the student completes high school graduation requirements.
Children of age 8 and less than age 18 are required by law to attend an approved private or public school, or education center unless they are receiving approved home-based instruction. Under certain circumstances, children who are at least 16 and less than 18 years of age may be excused from further attendance at school. The Superintendent will exercise their authority to grant exceptions when the Superintendent determines that the student:
1. Is lawfully and regularly employed; and
2. Has permission of a parent; or
3. Is emancipated pursuant to Chapter 13.64 RCW; or
4. Is subject to one of the other exceptions to compulsory attendanceB. Entrance Qualifications
To be admitted to a kindergarten program that commences in the fall of the year, a child must be not less than 5 years of age prior to August 31 of that school year. To be admitted to a first-grade program that commences in the fall of the year a child must be not less than 6 years of age prior to August 31 of that school year. Any student not otherwise eligible for entry to the first grade who has successfully completed a state-approved, public, or private, kindergarten program that substantially equaled or exceeded the applicable basic education program requirements of RCW 28A.150.220 and WAC 180-16-200 through 180-16-220 will be admitted entry into first grade. The student may be placed in a temporary classroom assignment for the purposes of evaluation prior to making a final determination of the student’s appropriate placement. Such determination will be made no later than the 30th calendar day following the student’s first day of attendance.
Exemptions
Special exemptions may be made for younger pupils who appear to be sufficiently advanced to succeed in the educational program. The Superintendent or designee will identify screening processes and instruments that will provide reliable estimates of these skills and abilities. Procedures will be provided for implementing this policy and establishing fees to cover expenses incurred in the administration of preadmission screening processes. The district will provide a fee waiver for low-income students that are qualified for free and reduced lunch.
C. Placement of Students on Admission
The decision of where to place a student seeking admission to the district rests with the principal. Generally, students meeting the age of admission requirements, and transferring from a public or approved private school will be placed in kindergarten or first-grade, or the grade from which they transferred. The principals will evaluate the educational records and assessment of the student to determine the student’s appropriate placement. A temporary classroom assignment may be made for no more than thirty (30) calendar days for the purpose of evaluation prior to making the final placement decision.
Cross References:
- Board Policy No. 2100 Educational Opportunities for Students with a Parent in the Military
- 2108 Learning Assistance Program
- 2140 Comprehensive School Counseling Program
- 3114 Part-Time, Home-Based or Off-Campus Students
- 3122 Excused and Unexcused Absence
Legal References:
- RCW 28A.225.010 Attendance mandatory- Age - Exemptions
- RCW 28A.225.020 School’s duties upon a juvenile’s failure to attend school
- RCW 28A.225.160 Qualification for admission to district’s schools – Fees for pre-admission screening
- RCW 28A.225.220 Adults, children from other districts, agreements for attending school - Tuition
- WAC 392-134-010 Attendance rights of part-time public-school students
- Chapter 392-137 WAC Finance – Nonresident attendance
- Chapter 392-335 WAC Pupils – Uniform Entry Qualifications
Classification: Encouraged
Adoption Date: June 24, 1992
Revised: March 11, 1998, March 27, 2024
Policy 3110- Qualification of Attendance and Placement
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Qualification of Attendance and Placement Procedures- 3110P
Qualification of Attendance and Placement Procedure
Entrance Qualifications for Kindergarten Program
As a minimum, eligibility for the exemption from the age requirement will be based upon an analysis of the child's (1) physical, health and motor development; (2) social and emotional development; (3) approaches toward learning; (4) language, literacy, and communication; and (5) cognition and general knowledge. Where feasible, assessment devices will be used that will permit students who are to be considered for exemption to be compared to the level of performance that would be expected of children with a chronological age of five (5) years for kindergarten and six (6) years for first grade in each of the areas of ability.
State-Mandated Kindergarten and First Grade Enrollment Parameters
To be admitted to a kindergarten program commencing in the fall of the year, a child must be five (5) years of age as of August 31 of that school year.
To be admitted to a first-grade program that commences in the fall of the year, a child must be six (6) years of age as of August 31 of that school year.
Parents are required to submit a birth certificate, hospital certificate signed by the attending physician, baptismal certificate, or passport.
Any child who has successfully completed a kindergarten program in a state-approved, public, or private kindergarten program that substantially equaled or exceeded the applicable basic education program requirements of RCW 28A.150.220 and WAC 180-16-200 through 180-16- 220 will be permitted entry into first grade. Home-based instruction does not qualify a student for early entrance into first grade.
Prior to enrollment in a Snohomish School District school, the parent must provide a transcript from the state-approved public or private school demonstrating the student's successful completion of the state-approved kindergarten program, as well as a recommendation from the student's teacher as to the student's appropriate grade placement.
Snohomish School District Kindergarten Early Entrance Procedures
Parents or guardians of children who turn five between September 1st and October 31st and who feel their child will be successful in kindergarten may apply for early entrance to kindergarten.
As parents consider early entrance of their children to kindergarten, the following areas should be evaluated. The qualifying score in each area is at least 5 years, 6 months age equivalent for placement as a kindergarten student. Families may select an outside agency/professional from the list provided by the district, or they may contract with others not on the list. The professional/agency must provide certification as a psychologist (school/clinical) or occupational/physical therapist for the motor areas. All evaluation scores and analysis should be submitted to Executive Director of Teaching and Learning Services, Snohomish School District, 1601 Avenue D, Snohomish, WA 98290, no later than the first Monday in August in order to be considered for kindergarten placement. The testing information will be reviewed, and parents will be notified of the decision no later than the last day in August.
- Mental Ability: Mental (cognitive) ability refers to the child’s ability to receive information, process that information in a meaningful way, and provide an appropriate output. As examples, this could involve responding to verbal questions, completing visual logic diagrams or mazes, or repeating back a list of stimuli provided to the child. Recommended tests: Stanford-Binet Intelligence Scale; Battelle Developmental Inventory, or Kaufman Assessment Battery for Children.
- Gross Motor Skills: Gross motor skills are reflected in the child’s use of a large muscle group, or coordination of multiple muscle groups, in a movement that involves substantial portions of their body - such as skipping, throwing a ball, or getting into or out of a desk. Recommended test: The Peabody Developmental Motor Scales.
- Fine Motor Skills: Fine motor skills refer to the child’s ability to use the smallest muscles of the body to complete a rather detailed, yet well-coordinated and effective movement or task - such as holding a crayon, buttoning their jacket, and peeling an orange. Recommended test: The Peabody Developmental Motor Scales.
- Visual Discrimination: Visual-Discrimination skills are certain visual skills recognized to be critical to the development of early reading decoding abilities as well as other academic domains. Typical visual discrimination activities involve matching colors, pictures, or shapes, identifying gross or fine visual differences between similar letters, words or pictures and visually recognizing “word boundaries.” Recommended tests: The Developmental Test of Visual Motor Integration; McCarthy Scales of Children’s Abilities (selected subtests).
- Auditory Discrimination: At young developmental ages, auditory discrimination activities often require accurately repeating a given word, phrase, or sentence, recognizing spoken words that are ‘alike’ or ‘different,’ and identifying words, from listening, that begin or end with the same consonant sound. These skills are critical to early reading and language arts development. Recommended tests: The Goldman Fristoe-Woodcock Test of Auditory Discrimination; McCarthy Scales of Children’s Abilities (selected subtests).
- Social-Emotional: This area of development for children is rather comprehensive and often involves aspects of communication skills, self-care and personal hygiene, and social behaviors. Assessment of a child’s development level for this domain typically involves surveys completed by primary caretakers or staff as well as direct observations of the child’s functioning in relevant social situations. Recommended tests: Vineland Scales of Adaptive Behavior; Battelle Developmental Inventory.
Students who reside in the Snohomish School District and whose families, due to their low income, would have difficulty paying for the required assessments, may apply to the district for a waiver from paying for the assessments. To obtain a waiver, families would have to qualify under free and/or reduced-price lunch guidelines. The district will assume the full cost of the assessment for families who qualify according to free/reduced lunch guidelines.
Children who qualify with at least 5 years, 6 months age equivalent in each assessment area may be enrolled for a thirty (30) calendar day evaluation period, during which the kindergarten teacher and principal will observe the child with consultation of the school psychologist and make a final determination for continuation. It is strongly recommended that the principal and/or teacher make a weekly report to the parent on the child’s adjustment and progress. If it is determined that the child’s enrollment be discontinued in the kindergarten program, the principal or designee will meet with the parent and share the results of the thirty (30) day evaluation period. If it is determined that the student continue in the kindergarten program, the parent/guardian will be notified in writing.
Snohomish School District First Grade Early Entrance Procedures
Parents of children not eligible to enter first grade because their sixth (6) birthday falls after August 31, may request from the Superintendent’s designee and/or the elementary principal, a form to waive the state age requirement based on successful completion of kindergarten in a program which is a state-approved public, or private kindergarten program that substantially equals or exceeds the basic education requirements of RCW 28A.150.200 and WAC 180-16-200 through 180-16-220.
When the principal receives a transcript from the kindergarten program that is from a state approved public or private kindergarten program and it substantially equals or exceeds basic education requirements as stated above and a letter from the child’s kindergarten teacher recommending first grade placement, the principal will complete the First Grade Early Assessment form 3110F2 and then submit it to the Executive Director of Teaching and Learning Services. The child may then be enrolled for a thirty (30) calendar day evaluation period.
After the thirty (30) day evaluation period, the principal, teacher, and psychologist will recommend the continuation in the first grade or appropriate grade level placement.
The Snohomish School District reserves the right to consider alternative placement at any time during the school year should the child’s rate of learning accelerate or decelerate, thereby causing potential harm to the child in the learning environment.
Revised: March 27, 2024
Procedure 3110P- Qualification of Attendance and Placement Procedure
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Kindergarten Early Assessment Form- 3110F1
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First Grade Assessment Form- 3110F2
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New Student Registration Form- 3110F3
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Kindergarten Early Entrance End-of-Evaluation Form3110F4
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Part-Time, Home-Based, Off Campus Students- 3114
A part-time student means:
1. A student enrolled in a course in a private school and taking courses at and/or receiving ancillary services offered by a district school that are not available in the private school; or
2. A student who is receiving home-based instruction that includes taking courses at and/or receiving ancillary services from the district; or
3. A student involved in a district approved work training program and taking courses in a district school.
An eligible part-time student who qualifies as a resident of the district is entitled to attend the schools within his or her attendance area on a part-time basis. Eligible part-time students are entitled to take any course, receive any ancillary services, and take or receive any combination of courses and ancillary services that are made available to full-time students.
Home-based instruction must consist of planned and supervised instructional and related educational activities, including a curriculum and instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music. Such instruction must be provided for a number of hours equivalent to the total annual program hours per grade level as established for approved private schools.
Home-based instruction may be provided by a parent who has filed a declaration of intent with the Superintendent or designee by September 15, or within two (2) weeks of the beginning of any quarter or semester. Parents may file their declaration of intent with the school district in which they reside or in a school district that has accepted their student pursuant to RCW 28A.225.225. All decisions relating to philosophy or doctrine, selection of books, teaching materials and curriculum, and methods, timing, and place, in the provision for the evaluation of home-based instruction is the responsibility of the parent. Failure of a parent to comply with the standards as specified in the law will constitute a violation of the compulsory attendance law.
A student may be enrolled in an off-campus instruction program provided that such experiences have been approved by the Superintendent or designee. The Superintendent will establish procedures that define the district's responsibilities for home-based and off-campus instruction.
Cross Reference:- Policy No. 2410 High School Graduation Requirements
Legal References:
- RCW 28A.225.220 Adults, children from other districts, agreements for attending school - Tuition
- RCW 28A.225.225 Applications from school employees’ children, nonresident students or students receiving home-based instruction to attend district school – School employees’ children - Acceptance and rejection standards - Notification
- RCW 28A.195.010 Private schools - Exemption from high school assessment requirements - Extension programs for parents to teach children in their custody
- RCW 28A.225.010 Attendance Mandatory - Age - Exceptions
- RCW 28A.200.010 Home-Based Instruction, Duties of parents – Exemption from high school assessment requirements
- RCW 28A.200.020 Home-Based Instruction - Certain decisions responsibility of parent unless otherwise specified
- RCW 28A.150.350 Part-time students - Defined - Enrollment authorized - reimbursement for costs - Funding authority recognition -Rules, regulations
- WAC 392-121-182 Alternative learning experience requirements
- WAC 392-134-010 Attendance rights of part-time public-school students
Adoption Date: January 27, 1993
Revised Date: November 8, 1995, June 12, 2019
Policy 3114- Part-Time, Home-Based, or Off-Campus Students
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Part-Time, Home-Based, Off-Campus Students Procedures- 3114P
Part-Time, Home-Based, or Off-Campus Students Procedures
Students will be considered as receiving home-based instruction if the parent/guardian has filed a signed declaration of intent that he or she is planning to provide home-based instruction for their child/children. The statement must include the name and age of the student, must specify whether a certificated person will be supervising the instruction and will be written in a format prescribed by the Superintendent of Public Instruction (OSPI) (district form No. 3114F.1, Parent Declaration of Intent). The statement must be filed annually by September 15 or within two weeks of the beginning of any quarter or semester, with the district student placement coordinator. Parents may file their declaration of intent with the school district in which they reside or in a school district that has accepted their student pursuant to RCW 28A.225.225.
It is the parent’s responsibility to provide materials and equipment necessary to meet the planned objectives for the home-based instruction.
Students receiving home-based instruction may enroll in district schools as part-time students to take courses or receive ancillary services, provided the student is otherwise eligible for full-time enrollment in the district. Home-based students are eligible to participate in interscholastic sports as long as they meet the Washington Interscholastic Activities Association’s (WIAA) eligibility criteria. Students who are not residents of the district must meet WIAA's usual eligibility requirements for transfer students.
Part-time enrolled students are those students attending public school on a part-time basis for courses of study. Full-time enrollment in Snohomish elementary and secondary schools is defined as attendance for the full school day, unless enrolled in an alternative education program in which full-time enrollment is determined by the student learning plan. A resident student may be a member of the Associated Student Body if they are participating in extracurricular sports programs, receiving ancillary services, or is enrolled part-time.
Requests for part-time enrollment or ancillary services must be made by the parent completing District form No. 3114F.3 (Request for Part-Time Attendance or Ancillary Services), and submitting it to the district student placement coordinator. A placement interview will be held with the parent and the principal of the school serving the attendance area in which the student resides. Tentative placement will be determined after consultation with the parent, review of student records and scores on district administered tests if deemed appropriate. The final determination of the student's course level placement will be determined by the student's
ability to meet expectations at that level and by age as provided by law. Inability to meet expectations may result in the student being placed on a different level.
Granting High School Credit for Home-Based InstructionCredit for home-based instruction may be granted according to the procedures listed under Alternative Programs in District policy No. 2410, High School Graduation Requirements. Application must be completed and submitted to AIM High School, Glacier Peak High School or Snohomish High School principal for approval prior to the experience.
Eligibility for Snohomish School District High School Diploma
Students who have received high school credit through home-based instruction are eligible to receive a Snohomish School District high school diploma under the following conditions:
1. The student has met all graduation requirements specified in district policy No. 2410, High School Graduation Requirements;
2. The student has attended an accredited Washington state high school program for a total of four semesters; or
3. The student attended AIM High School, Glacier Peak High School, or Snohomish High School as a full-time student the last semester of his/her senior year.
Revised Date: September 22, 1993, March 13, 1996, June 12, 2019
Procedure 3114P- Part-Time, Home-Based, Off-Campus Students Procedures
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Intent to Home School- 3114F1
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Request for Part-Time or Ancillary Services- 3114F2
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Home-Based Instruction- WIAA Contract Form- 3114F3
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Homeless Students- Enrollment Rights and Services- 3115
Homeless Students: Enrollment Rights and Services
Students experiencing homelessness are those without a fixed, regular, and adequate nighttime residence in accordance with the definition of homeless children and youth in the federal McKinney-Vento homeless assistance act. An “unaccompanied homeless student” is a student who is not in the physical custody of a parent or guardian and is homeless.
To the extent practical and as required by law, the district will work with homeless students and their families, to provide them with equal access to the same free, appropriate education (including public preschool education) provided to other students. Special attention will be given to ensuring the identification, enrollment and attendance of homeless students not currently attending school, as well as mitigating educational barriers to their academic success. Additionally, the district will take reasonable steps to ensure that homeless students are not stigmatized or segregated on the basis of their homeless status.
Homeless students will be provided district services for which they are eligible, including Head Start and comparable pre-school programs, Title I, similar state programs, special education, bilingual education, vocational and technical programs, gifted and talented programs, and school nutrition programs.
District Liaison and Points of Contact
The Superintendent will designate an appropriate staff person to be the district’s liaison for homeless students and youth. The liaison may simultaneously serve as a coordinator for other federal programs. The liaison’s responsibilities are described in Procedure 3115P.
The district will establish a building point of contact in each elementary school, middle school and high school. The points of contact will be appointed by the principal of the designated school. The points of contact are responsible for identifying homeless students and unaccompanied homeless youth and connecting them with the district’s liaison for students experiencing homelessness. The district’s homeless student liaison is responsible for training the building points of contact.
Enrollment, Attendance, and School Stability
The district will not require proof of residency or any other information regarding an address for any child eligible for services of the district if the child does not have a legal residence. The district will enroll a child without a legal residence at the request of the child or the child’s parent or guardian. Attendance options will be made available to homeless families on the same terms as other family residents in the district, including attendance rights acquired by living in attendance areas, other student assignment policies, and intra and inter-district choice options.
The district will, according to the homeless child’s best interest:1. Continue the child’s education in the school of origin for the duration of homelessness if a family becomes homeless between academic years or during an academic year; and for the remainder of the academic year, if the child becomes permanently housed during and academic year; or
2. Enroll the child in any public school that non-homeless students who live in the attendance area in which the child is actually living are eligible to attend.
In making a determination as to the homeless student’s best interest the district will:
1. Presume that it is in the student’s best interest to remain enrolled in their school of origin unless such enrollment is against the request of a parent, guardian or unaccompanied youth;
2. Consider student-centered factors related to the child’s best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children, giving priority to the request of the child’s parent or guardian or unaccompanied youth;
3. If, after conducting the best interest determination based on the above, the district determines it is not in the child’s best interest to attend the school of origin or the school requested by the parent or guardian or unaccompanied youth, provide the parent or guardian or the unaccompanied youth with a written explanation of the reasons for its determination, including information regarding the right to appeal; and
4. For unaccompanied youth, ensure that the district liaison assists in placement or enrollment decisions, gives priority to the views of the unaccompanied youth, and providing notice to the youth of the right to appeal.
The school selected in accordance with the above process will immediately enroll the homeless child, even if the child: (a) is unable to produce records normally required for enrollment, such as previous academic records, records of immunization and other required health records, proof of residency, or other documentation; or (b) has missed application or enrollment deadlines during any period of homelessness.
The enrolling school will immediately contact the last school the child attended to obtain relevant academic and other records. If the child needs to obtain immunizations or other required health records, the enrolling school will immediately refer the parent or guardian, or unaccompanied youth, to the district liaison who will assist in obtaining necessary immunizations or screenings, or immunization or other required health records.
If there is a dispute about eligibility, school selection, or enrollment, the student will be immediately enrolled in the school in which enrollment is sought, pending resolution of the dispute, including all appeals. The parent, guardian, or unaccompanied youth will be provided a written explanation of any decisions made by the district or school related to school selection or enrollment (or informed if the student does not qualify for McKinney-Vento, if applicable) and their right to appeal such decisions. The parent, guardian, or unaccompanied youth will be referred to the district liaison who will carry out dispute resolution as described in Procedure 3115P.
The district will ensure that transportation is provided, upon request by the parent or guardian or unaccompanied youth, to and from a homeless student’s school of origin. If the school of origin is in the district and the student lives in the district, the district will provide the transportation. If the student is living in another district but will attend his or her school of origin in this district, the districts will coordinate the transportation services necessary for the student or will divide the cost equally.
Supports and Communication
The district, on an annual basis, will strongly encourage:
1. All school staff to annually review the video posted on the OSPI website on how to identify signs that indicate a student may be homeless, how to provide services and support to homeless students, and why this identification and support is critical to student success to ensure that homeless students are appropriately identified and supported; and
2. Every district-designated homeless student liaison to attend trainings provided by the state to ensure that homeless children and youth identified and served.
The district will include in materials that are shared with students at the beginning of the school year or at enrollment, information about services and support for homeless students (i.e., the brochure posted on the OSPI website).
The district will use a variety of communications each year to notify students and families about services and support available to them if they experience homelessness (e.g., distributing and collecting a universal annual housing intake survey, providing parent brochures directly to students and families, and posting information on the district’s website).
Facilitating on-time grade level progression
For students experiencing homelessness, the district will implement the following procedures:
The district will waive specific courses required for graduation if similar coursework has been satisfactorily completed in another school district; or
1. Provide reasonable justification for denial of the waiver. If a waiver is not granted to a student who would have qualified to graduate from their sending school district, the district will provide an alternative means of obtaining required course-work so that the student may graduate on item.
2. The district will consolidate partial credit, unresolved, or incomplete coursework and will provide opportunities to accrue credit in a manner that eliminates academic and non-academic barriers for the student.
3. For students who have been unable to complete an academic course and receive full credit due to withdrawal or transfer, the district will grant partial credit for coursework completed before the date of the withdrawal or transfer. When the district receives a transfer student in these circumstances, it will accept the student’s partial credits, apply them to the student’s academic progress or graduation or both, and allow the student to earn credits regardless of the student’s date of enrollment in the district.
4. In the event a student is transferring at the beginning of or during their junior or senior year of high school and is ineligible to graduate after all alternatives have been considered, the district will work with the sending district to ensure the receipt of a diploma from the sending district if the student meets the graduation requirement of the sending district.
5. In the event a student has enrolled in three or more school districts as a high school student, has met state requirements, has transferred to the district, but is ineligible to graduate from the district after all alternatives have been considered, the district will waive its local requirements and ensure that the student receives a diploma.
Cross Reference:
- 3116 – Students in Foster Care
- 3120 – Enrollment
- 3231 – Student Records
- 3413 – Student Immunization and Life-Threatening Health Conditions
- 4218 – Language Access Plan
Legal References:
- RCW 28A.225.215 Enrollment of children without legal residences
- RCW 28A.320.145 Support for homeless students
- RCW 28A.320.142 Unaccompanied youth - Building point of contact - Duty of district homeless student liaison
- RCW 28A.320.192 On-time grade level progression and graduation of students who are homeless, dependent, or at-risk youth or children – Rules
- WAC 392-172A-01090 Homeless children
- WAC 392-172A-02085 Homeless children
- 20 U.S.C. 6301 et seq. Elementary and Secondary - Education Act of 1965 as amended by the Every Student Succeeds Act (ESSA)
- 42 U.S.C. §§ 11431-11436 et seq. McKinney-Vento Homeless Assistance Act
Classification: Essential
Adoption Date: January 22, 2003
Revision Dates: January 14, 2009, January 8, 2014, July 24, 2019
Policy 3115- Homeless Students - Enrollment Rights and Services
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Homeless Students- Enrollment Rights and Services Procedures- 3115P
Homeless Students: Enrollment Rights and Services
A. Definitions
1. Homeless children and youths, means individuals who lack a fixed, regular, and adequate nighttime residence, and include those who are:
a. Children and youths who are sharing the housing of other persons due to the loss of housing, economic hardship, or a similar reason;
b. Living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations;
c. Living in emergency or transitional shelters;
d. Abandoned in hospitals;
e. Living in public or private places not designed for or ordinarily used as a regular sleeping accommodation for human beings;
f. Children and youth living in cars, parks, public places, abandoned buildings, substandard housing, transportation stations or similar settings;
g. Migratory children living in conditions described in the previous examples.
2. Unaccompanied youth, means a youth not in the physical custody of a parent or guardian and includes youth living on their own in any of the homeless situations
described in the McKinney-Vento Homeless Education Act.3. School of origin means the school or preschool that a child or youth attended when permanently housed or the school in which the child or youth was last enrolled. When a child or youth completes the final grade level served by the school of origin, the school of
B. Identification origin includes the designated receiving school at the next grade level for all feeder schools.
4. Excess cost of transportation means the difference between what the district normally spends to transport a student to school and the cost of transporting a homeless student to school. For example, there is no excess cost of transportation if the district provides transportation to a homeless student by a regular bus route. However, if the district provides special transportation to a homeless student (e.g., by private vehicle or transportation company), the entire cost would be considered excess cost of transportation. The additional cost of the district’s re-routing of busses to transport a homeless student can be considered excess cost of transportation. The district may use McKinney-Vento sub-grant funds and Title I, Part A funds to defray excess cost of transportation for homeless students.
The district will:
1. Use a housing questionnaire in its enrollment process. The questionnaire will be distributed universally so as to avoid stigmatizing homeless children and youths and their families;
2. Ensure that referral forms used to identify and support homeless students are accessible and easy to use;
3. Include its homeless liaison’s contact information on its website;
4. Provide materials for homeless students and parents, if necessary and to the extent feasible, in their native language;
5. As practicable, provide annual guidance for school staff on the definition of homelessness, signs of homelessness the impact of homelessness on students and steps to take when a potentially homeless student is identified, including how to connect the student with appropriate housing and support service providers.
6. Work with state homeless coordinator to facilitate services to families and youths made homeless by natural disasters or other catastrophic events.
C. District’s Homeless Liaison
The district’s liaison for homeless children and youth is responsible for ensuring that:
1. Homeless children and youth are identified by school personnel through outreach and coordination activities with other entities and agencies;
2. Homeless children and youth enroll in, and have a full and equal opportunity to succeed in district schools;
3. Homeless families, children and youths have access to and receive educational services for which they are eligible, including Head Start programs and under the Head Start Act, early intervention services under part C of the Individuals with Disabilities Education Act, and other preschool programs administered by the district;
4. Homeless families and homeless children and youth receive referrals to health care services, dental services, mental health services, substance abuse services, housing services, and other appropriate services;
5. Parents or guardians of homeless children are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;6. Public notice of the educational rights of homeless children and youth is disseminated in locations frequented by parents or guardians of such children and youths, such as schools, family shelters, public libraries, and soup kitchens in a manner and form understandable to the parents and guardians of homeless children and youths, and unaccompanied youths;
7. Enrollment disputes are mediated in accordance with state rule(s) or procedure(s);
8. The parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, and is assisted in accessing transportation to the school that they select;
9. School personnel providing services to students experiencing homelessness receive professional development and other support;
10. Unaccompanied youths are enrolled in school, have opportunities to meet the same challenging state academic standards as the state establishes for other children and youths, are informed of their status as independent students under section 480 of the Higher Education Act of 1965 (HEA) (20 U.S.C 1087vv) for federal student aid purposes, and that they may obtain assistance to receive verification of this status from the local district liaison.
The district will inform school personnel, service providers, advocates working with homeless families, parents and guardians of homeless children and youths, and homeless children and youths of the duties of the district homeless liaison.
D. Dispute Resolution Procedure
The district will ensure that the child/youth attends the school in which they sought enrollment while the dispute process is being carried out.
1. Notification of Appeal Process - The district will provide the parent or unaccompanied youth with a written explanation of any decisions made by the district related to eligibility, school selection, or enrollment, including:
a. An explanation of the child’s placement and contact information for the district and the OSPI homeless liaison, including their roles;
b. Notification of the parent’s right to appeal(s);
c. Notification of the right to enroll in the school of choice pending resolution of the dispute;d. A description of the dispute resolution process including a petition form that can be returned to the school to initiate the process and timelines; and
e. A summary of the federal legislation governing placement of homeless students (McKinney-Vento Act).
2. Appeal to the School District Liaison – Level I - If the parent or unaccompanied youth disagrees with the district’s placement decision, they may appeal by filing a written request for dispute resolution with the school, the district’s homeless liaison or a designee. If submitted to the school, it will be immediately forwarded to the homeless liaison. The request for dispute resolution must be submitted within fifteen (15) business days of receiving notification of the district’s placement. The liaison must log the complaint including a brief description of the situation and reason for the dispute and the date and time of the complaint was filed.
a. A copy of the complaint must be forwarded to the liaison’s supervisor and the Superintendent.
b. Within five business days of the receiving the complaint, the liaison must provide the parent or unaccompanied youth with a written decision and notification of the parent’s right to appeal.
c. The district will verify receipt of the Level I decision; and
d. If the parent or unaccompanied youth wishes to appeal, notification must be provided to the district liaison within ten (10) business days of receipt of the Level I decision. The liaison will provide the parent with an appeals package containing:
i. The complaint filed with the district liaison at Level I;
ii. The decision rendered at Level I; and
iii. Additional information provided by the parent, unaccompanied youth and/or homeless liaison.
3. Appeal to the School Superintendent – Level II - The parent or unaccompanied youth may appeal the district liaison’s decision to the Superintendent or the Superintendent’s designee using the appeals package provided at Level I.
a. The Superintendent will arrange for a personal conference to be held with the parent or unaccompanied youth within five (5) business days of receiving the Level I appeals package;
b. Within five (5) business days of the conference with the parent or unaccompanied youth the Superintendent will provide that individual with a written decision with supporting evidence and notification of their right to appeal to OSPI;
c. The district will verify receipt of the Level II decision;
d. A copy of the Superintendent’s decision will be forwarded to the district’s homeless liaison; and
e. If the parent or unaccompanied youth wishes to appeal to the OSPI, notification must be provided to the district homeless liaison within ten (10) business days of receipt of the Level II decision.
4. Appeal to the Office of the Superintendent of Public Instruction – Level III
]a. The district Superintendent will forward a copy of the Level II decision and all written documentation to the OSPI homeless liaison within five (5) days of rendering a
decision. The district will submit the entire dispute package to the OSPI in one complete package by U.S. mail;b. The OSPI’s homeless education coordinator or designee, along with the appropriate agency director, and/or agency assistant Superintendent will make a final decision within fifteen (15) business days of receiving the appeal;
c. The OSPI’s decision will be forwarded to the district’s homeless liaison. The liaison will distribute the decision to the parent or unaccompanied youth and the local Superintendent;
d. The OSPI’s decision will be the final resolution for placement of a homeless child or youth in the district; and
e. The district will retain the record of all disputes, at each level, related to the placement of homeless children.
E. Inter-District Disputes
If districts are unable to resolve a dispute regarding the placement of a homeless student, either district may submit a written request to the OSPI seeking resolution.
The OSPI will resolve the dispute within ten (10) business days of notification of the dispute and inform all interested parties of the decision.
Adoption Date: January 22, 2003Revision Dates: January 14, 2009, January 8, 2014, July 24, 2019
Procedure 3115P- Homeless Students - Enrollment Rights and Services Procedures
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Enrollment- 3120
The Superintendent or designee will develop procedures for enrolling students, recording attendance behavior and counseling and correcting students with attendance problems. When enrolling a student who has attended school in another school district, the parent and student will be required to briefly indicate in writing whether the student has:
A. Any history of placement in a special education program;
B. Any past, current or pending disciplinary actions;
C. Any history of violent behavior;
D. Adjudications or convictions described in RCW 13.04.155, which include violent offenses, sex offenses, firearm or dangerous weapon offenses, and controlled
substance offenses;E. Any unpaid fines or fees from other schools; and
F. Any health conditions affecting the student's educational needs.
The school enrolling the student will request the student’s permanent records – including records of disciplinary action, history of violent behavior or behavior listed in RCW 13.04.155, attendance records, immunization records, and academic performance from the school the student previously attended.
If a school principal receives information about adjudications or convictions described in RCW 13.04.155, they will follow the procedure described n Policy 3143 – Notification and Dissemination of Information and Student Offenses and Notification of Threats of Violence or Harm.
The district will require students or their parents to provide proof of residency within the district, such as copies of phone and water bills or lease agreements. The district will not require proof of residency or any other information regarding an address for any student who is homeless. For students who meet the definition of homeless, the district will immediately enroll the student, including while any enrollment dispute is pending (see 3115 – Students Experiencing Homelessness – Enrollment Rights and Services). The district will not inquire into a student’s citizenship or immigration status or that of the student’s parents/guardians.
The district will continually accept applications, including electronic applications, for enrollment and course registration for a student of a military family transferred to, or is pending transfer to, a military installation within the state (see 2100 – Educational Opportunities for Students with a Parent in the Military).The request for enrollment may be made by the student, parent or guardian. Since accurate enrollment and attendance records are essential both to obtain state financial reimbursement and to fulfill the district’s responsibilities under the attendance laws, the district will be diligent in maintaining such records.
Cross References:
- Policy 2255 – Alternative Learning Experience Courses
- Policy 2100 – Educational Opportunities for Student with a Parent in the Military
- Policy 3115 – Students Experiencing Homelessness- Enrollment Rights and Services
- Policy 3143 – Notification and Dissemination of Information and Student Offenses and Notification of Threats of Violence or Harm.
Legal References:
- RCW 28A.225.215 Enrollment of children without legal residences
- RCW 28A.225.216 Children of military families - Residency
- RCW 28A.225.330 Enrolling students from other districts -
Requests for information and permanent records – Withheld transcripts – Immunity from liability – Notification to teachers and security personnel - Rules - WAC 392-121-108 Definitions - Enrollment exclusions
- WAC 392-121-182 Alternative learning experience requirements
- WAC 392-121-122 Definitions - Enrolled Full-time equivalent students
- WAC 392-169-022 Running start student - definition
Classification: Essential
Adoption Date: June 24, 1992
Revised: July 27, 1994, October 12, 1994, June 17, 1998, August 10, 2022
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Enrollment Procedures- 3120P
Enrollment and attendance records will be maintained in each school building. At the conclusion of the year, the enrollment and attendance information will be recorded on the student's permanent record card.
The attendance registers will remain in the school building for a period of five (5) years, after which time they will be sent to the district office to be destroyed.
Annually, each school will report to the district office actions taken to reduce any student absenteeism. The district will report the following information annually to the Superintendent of Public Instruction:
1. The number of enrolled students and the number of excused absences;
2. The number of enrolled students with fifteen (15) or more unexcused absences in a school year or seven (7) or more unexcused absences in a month;
3. A description of any programs or schools developed to serve students who have had seven (7) or more absences in a month or fifteen (15) or more unexcused absences in a year, including information about the number of students in the program or school and the number of unexcused absences of students during and after participation in the program. The reports will also describe any placements in an approved private nonsectarian school or program or certified program under a court order; and
4. The number of petitions filed by a school or a parent with the juvenile court and whether the petition results in:
a. Referral to community engagement board;
b. Other coordinated means of intervention;
c. A hearing in the juvenile court;
d. Other less restrictive disposition (e.g., change of placement, home school, alternative learning experience, residential treatment); and
e. Each instance of imposition of detention for failure to comply with a court order under RCW 28A.225.090, with a statement of the reasons for each instance of
detention.The information in these reports will not disclose the names or other identification of the students or parents.
For enrollment reporting for state funding purposes, a student is reported as a full-time equivalent (FTE) based on their enrolled weekly minutes. 1,665 weekly minutes or 27 weekly hours and 45 minutes equal 1.0 FTE for all grades.
Passing time between classes and recess time may be included in a student’s weekly minutes. However, time for meals is excluded.
Students attending school less than 1,665 weekly minutes are reported as a partial FTE. To calculate the student’s FTE, divide the student’s enrolled weekly minutes by 1,665. Alternative Learning Experiences: FTE will be determined by the estimated weekly minutes of learning in the written student learning plan pursuant to WAC 392-121-182.
No student may be counted on any school's or program's enrollment report who has been absent from school for more than twenty consecutive school days until attendance is resumed.
No part-time student who has not attended school at least once within a period of twenty consecutive school days may be counted as an enrolled student until attendance is resumed. School days are defined as regularly scheduled instructional days for the general population of the school or district the student is enrolled in, regardless of the student's individualized schedule.
Procedures for handling excused and unexcused absences are defined in Procedures 3122P Excused and Unexcused Absences.
Revised: June 24, 1992, March 27, 1996, August 28, 1996, August 10, 2022
Procedure 3120P- Enrollment Procedures
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Excused and Unexcused Absences- 3122
Definition of Absence
1. Pursuant to WAC 392-401-015, a student is absent from in-person learning when they are:
a. Not physically present on school grounds; and
b. Not participating in the following activities at an approved location:
i. Instruction;
ii. Any instruction-related activity; or
iii. Any other district or school approved activity that is regulated by and instructional/
academic accountability system, such as participation in district-sponsored sports.Pursuant to WAC 392-401-016, a student is absent from remote learning as follows:
a. A student is absent from synchronous online instruction when the student does not
login to the synchronous meeting/class; orb. A student is absent from asynchronous instruction when there is evidence that the
student accessed the planned asynchronous activity. Evidence of student participation
in remote learning may include, but is not limited to:i. Daily logins to learning management systems;
ii. Daily interactions with the teacher to acknowledge attendance (including
messages, emails, phone calls or video chats); andiii. Evidence of participation in a task or assignment.
2. Students will not be absent if:
a. They have been suspended, expelled, or emergency expelled pursuant to Chapter 392-
400 WAC;b. Are receiving educational services as required by RCW 28A.600.015 and Chapter 392-
400 WAC; orc. The student is enrolled in qualifying “course of study” activities as defined in WAC 392-
121-107.3. As used in this Policy and accompanying Procedure 3122P, a “full day” absence is when a
student is absent for fifty percent or more of their scheduled day.4. As used in this Policy and accompanying Procedure 3122P, a “tardy” is non-attendance for
less than a full instructional hour for elementary students or less than a full class period for
secondary students. The district will not convert or combine tardies into absences that
contribute to a truancy petition.5. A student will be considered absent if they are on school grounds but not in their assigned
setting.Excused and Unexcused Absences
Students are expected to attend all assigned classes each day. Upon enrollment and at the
beginning of each school year, the district will inform students and their parent/guardian of this
expectation, the benefits of regular school attendance, the consequences of truancy; the potential
effects of excessive absenteeism, whether excused or unexcused, on academic achievement, and
graduation and dropout rates; the schools expectations of the parent/guardian to insure regular
attendance by the child; the role and responsibility of the school, and the resources available to
assist the student and their parent/guardian. The district will also make this information available
online and will take reasonable steps to ensure parents/guardians are able to request and receive
such information in a language in which they are fluent. Parent/guardian will be required to date
acknowledge review of this information online or in writing before or at the time of enrollment of
the child at a new school and at the beginning of each school year.Excused Absences
Regular school attendance is necessary for mastery of the educational program provided to
students of the district. Students at times may appropriately be absent from class. School staff will
keep a record of absences and tardiness, including a record of excuse statements submitted by a
parent/guardian, or in certain cases, students, to document a student’s excused absences.
Absences due to the following reasons will be excused:1. Physical or mental health symptoms, Illness, health condition or medical appointment
for the student or person for whom the student is legally responsible. Examples of
symptoms, illness, health conditions or medical appointments include, but not limited
to, medical, counseling, mental health wellness, dental, optometry, pregnancy, and
behavior health treatment (which can include in-patient or out-patient treatment for
chemical dependency or mental health);2. Family emergency including, but not limited to, a death or illness in the family;
3. Religious or cultural purpose including observance of a religious or cultural holiday or
participation in religious or cultural instruction;4. Court, judicial proceeding, court-ordered activity, or jury service;
5. Post-secondary, technical school or apprenticeship program visitation, or scholarship
interview;6. State-recognized search and rescue activities consistent with RCW 28A.225.055;
7 Absence directly related to the student’s homeless or foster care/dependency status;
8. Absences related to deployment activities of a parent or legal guardian who is an active
duty member consistent with RCW 28A.705.010;9. Absences due to suspension, expulsions or emergency expulsions imposed pursuant to
Chapter 392-400 WAC if the student is not receiving educational services and is not
enrolled in qualifying “course of study” activities as defined in WAC 392-121-107:10. Absences due to a student’s safety concerns, including absences related to threats,
assaults, or bullying;11. Absences due to a student’s migrant status;
12. Absences due to the student’s lack of necessary instructional tools, including internet
access and connectivity; and13. Absences due to an approved activity that is consistent with district policy and is
mutually agreed upon by the principal or designee and a parent/guardian, or
emancipated youth.A school principal or designee has the authority to determine if an absence meets the above
criteria for an excused absence.In the event of emergency school facility closure due to COVID-19, other communicable disease
outbreak, natural disaster, or other event when districts are required to provide synchronous and
asynchronous instruction, absences due to the following reasons must be excused:1. Absences related to the student’s illness, health condition , or medical appointments
due to COVID-19 or other communicable disease;2. Absences related to caring for a family member who has an illness, health condition, or
medical appointment due to COVID-19, other communicable disease, or other
emergency health condition related to school facility closures;3. Absences related to the student’s family obligations during regularly schedule school
hours that are temporarily necessary because of school facility closures, until other
arrangements can be made; and4. Absences due to the student’s parent’s work schedule or other obligations during
regularly scheduled school hours, until other arrangements can be made.If an absence is excused, the student will be permitted to make up all missed assignments outside
of class under reasonable conditions and time limits established by the appropriate teacher. If a
student misses a participation-type class, they can request an alternative assignment that aligns
with the learning goals of the activity missed where reasonable.An excused absence must be verified by a parent/guardian or an adult, emancipated or
appropriately aged student, or school authority responsible for the absence. If attendance is taken
electronically, either for a course conducted online or for students physically within the district,
and absence will default to unexcused until such time as an excused absence may be verified by a
parent/guardian or other responsible adult. If a student is to be released for health care related to
family planning or abortion, the student may require that the district keep the information
confidential. Students thirteen and older have the right to keep information about drug, alcohol or
mental health treatment confidential. Student fourteen and older have the same confidentiality
rights regarding HIV and sexually transmitted diseases.Unexcused Absences
1. An absence is unexcused if it does not meet the criteria above for an excused absence.
2. A student whose absence is not excused may experience the consequences of their
absence. A student’s grade may be affected if a graded activity or assignment occurs
during the period of time when the student is absent.3. The district’s procedures for addressing and attempting to ameliorate unexcused
absences is set forth in Procedure 3122P.Students dependent pursuant to Chapter 13.34, RCW
A school district representative or school employee will review unexpected or excessive absences
with a student who is subject to dependency proceedings (as defined by RCW 28A.150.510) and
the adults involved with the student. This includes the student’s caseworker(s), educational
liaison(s), attorney(s) if appointed, parent/guardian, foster parents and/or the person providing
placement for the student. The purpose of the review is to determine the cause of the absences,
taking into account unplanned school transitions, periods of running from care, in-patient
treatment, incarceration, school adjustment, educational gaps, psychosocial issues, and the
student’s unavoidable appointments that occur during the school day. The representative or staff
member must proactively support the student’s management of their school work so the student
does not fall behind.Migrant Students
The district, parent/guardian and student are encouraged to work to create an Extended Absence
Agreement with the school to decrease the risk of an adverse effect on the student’s educational
progress.The Superintendent or designee will enforce the district's attendance policies and procedures.
Because the full knowledge and cooperation of students and parents/guardians are necessary for
the success of the policies and procedures, they will be disseminated broadly and made available
to parents/guardians and students annually.Cross References:
- Board Policy 2342 Religious Holidays and Observances
- Board Policy 2420 Grading and Progress Reports
- Board Policy 3120 Enrollment
- Board Policy 3230 Student Privacy and Searches
- Board Policy 3241 Student Discipline
- Board Policy 4218 Language Access Plan
Legal References:
- RCW 13.34.300 Relevance of failure to cause juvenile to attend
school to neglect petition - Chapter 28A.225 RCW Compulsory School Attendance and
Admission - Chapter 392-401WAC Statewide definition of excused and
unexcused absences.
Classification: Essential
Adoption Date: June 24, 1992
Revised Date: December 13, 1995, May 28, 1997, April 13, 2011, January 11, 2012, January 25, 2017,
August 14, 2019, August 10, 2022Policy 3122- Excused and Unexcused Absences
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Excused and Unexcused Absences Procedures- 3122P
Students are expected to attend all assigned classes each day. School staff will keep a record of absences and tardiness, including a call log and/or records of excused statement submitted by a parent/guardian or, in certain cases, students, to document a student’s excused absences.
Excused Absence
The following procedures govern certain excused absences defined in Policy 3122.
1. Notice of Absence: To obtain and excused absence for one of the approved reasons set forth in Policy 3122, when possible, the parent/guardian is expected to notify the school office on the morning of the absence by phone, email, or written note, and to provide the excuse for the absence. If no excuse is provided with the notification, the parent / guardian will submit an excuse via phone, email or written note upon the student’s return to school. Adult students (those over eighteen) and emancipated students (those over sixteen who have been emancipated by court action) will notify the school office of their absences with a note of explanation. Students fourteen (14) years old or older who are absent from school due to testing or treatment for sexually transmitted disease must notify the school of their absence with a signed note of explanation, which will be kept confidential. Students thirteen (13) years and older may do the same for mental health, drug or alcohol treatment; and all students have that right for family planning and abortion.
2. Absence for parental-approved activities. This category of absence will be counted as excused for purposes agreed to by the principal or designee and the
parent/guardian. An absence may not be approved if it causes a serious adverse effect on the student’s educational progress. The student may not be able to achieve the objectives of the unit of instruction as a result of absence from the class. In such a case, a parent/guardian approved absence would have an adverse effect
on the student’s educational progress, including the grade for the course.3. Absence Resulting from Disciplinary Action. As required by law, students who are removed from a class or classes as a disciplinary measure or students who have
been suspended or expelled will have the opportunity to make up assignments or exams missed during the time they were removed from class, suspended, or
expelled.4. Extended Illness or Physical Disability. If a student is unable to attend school for an estimated period of at least four (4) weeks due to an illness or disability, the district will provide the student with home or hospital instruction. To receive such services, the parent/guardian must request the services and provide a written statement to the district from a qualified medical practitioner that states the student will not be able to attend school for an estimated period of at least four (4) weeks.
5. Excused Absence for Chronic Health Condition. Students with a chronic health condition which interrupts regular attendance may qualify for placement in a limited
attendance and participation program. The student and the student’s parent or guardian will apply to the principal or counselor, and a limited program will be written following the advice and recommendations of the student's medical advisor. The recommended limited program will be approved by the principal. Staff will be informed of the student's needs, though the confidentiality of medical information will be respected at the parent's/guardian’s request.Required conference for elementary school students
If an elementary school student has five (5) or more excused absences in a single month during the current school year or ten (10) or more excused absences in the current school year, the district will schedule a conference with the student and their parent/guardian at a reasonable convenient time. The conference is intended to identify barriers to the student’s regular attendance and to identify supports and resources to the student is able to regularly attend school.
The conference must include at least one school district employee, preferably a nurse, counselor, social worker, teacher or community human service provider, and may occur on the same day as the scheduled parent-teacher conference, provided it takes place within thirty (30) days of the absences. If the student has an Individualized Education Program or a Section 504 Plan, the team that created the program must reconvene. A conference is not required if prior notice of the excused absences was provided to the district or if a doctor’s note has been provided and a plan is in place to ensure the student will not fall behind in their coursework.
Unexcused Absences
As used in this procedure, a “unexcused absence” means that a student has failed to attend the majority of hours or periods in an average school day, has failed to comply with a more restrictive school district policy on absences, or has failed to comply with alternative learning experience program attendance requirements. Unexcused absences occur when:
1. The parent/guardian or adult student submits an excuse that does not meet the definition of an excused absence as defined above; or
2. The parent/guardian, or adult student fails to submit any type of excuse statement, whether by phone, e-mail, or in writing, for an absence.
Each unexcused absence within any month will be followed by a letter or phone call to the parent/guardian informing them of the potential consequences of additional unexcused absences. If the parent/guardian is not fluent in English, the school will make reasonable efforts to provide this information in a language in which that parent or guardian is fluent. A student's grade will not be affected if no graded activity is missed during such an absence.
After three (3) unexcused absences within any month , the school will hold a conference with the principal/designee, student and parent/guardian to identify the causes of the student's absenteeism. If a regularly scheduled parent-teacher conference is scheduled to take place within thirty (30) days of the third (3rd) unexcused absence, the district may schedule the attendance conference on the same day. If the student’s parent/guardian does not attend the scheduled conference, the school may hold the conference with the student and principal/designee. However, the school will notify the parent/guardian of the steps to eliminate or reduce the student’s absences.
At some point after the second (2nd) and before the seventh (7th) unexcused absence, the district will take data-informed steps to eliminate or reduce the student’s absences. In middle and high school, these steps will include application of the Washington Assessment of Risks and Needs of Students (WARNS) or other assessment by the district’s designated employee.
The data informed steps will include:
a. Providing the student with an available approved best practice or researched-based interventions consistent with the WARNS profile or other truancy assessment, if given;
b. Adjusting the student’s school program or course assignment;
c. Providing the student more individualized or remedial instruction;
d. Providing appropriate vocational courses or work experience;
e. Requiring the student to attend an alternative school or program;
f. Assisting the parent/guardian or student to obtain supplementary services that might eliminate or ameliorate the causes for the absence from school; or
g. Referring the student to a community engagement board.
A “community engagement board” means a board established pursuant to a memorandum of understanding (MOU) between a juvenile court and the district and composed of members of the local community in which the student attends school.
For any student with an existing Individualized Education Program (IEP) or Section 504 Plan, these steps will include convening the student’s IEP team or Section 504 team, including a behavior specialist or mental health specialist where appropriate, to consider the reasons for the student’s absences. If necessary, and if the parent/guardian provides consent, a functional behavior assessment to explore the function of the absence behavior will be conducted and a detailed behavior plan completed. Time should be allowed for the behavior plan to be initiated and data tracked to determine progress.
For any student who does not have an IEP or Section 504 Plan, but who is reasonably believed to have a mental or physical disability or impairment, these steps will include informing the student’s parent/guardian of the right to obtain an appropriate evaluation at no cost to the parent/guardian to determine whether the student has a disability or impairment and needs accommodations, special education services, or related services. This includes students with suspected emotional or behavioral disabilities. If the school obtains consent to conduct an evaluation, time should be allowed for the evaluation to be completed, and if the student is found to be eligible for accommodations, special education services, or related services, a plan will be developed to address the student’s needs.
Not later than a student’s seventh (7th) unexcused absence in a month, the district will:a. Enter into an agreement with the student and parent/guardian that establishes school attendance requirements;
b. Refer the student to a community engagement board; or
c. File a petition to juvenile court (see below).
Not later than a student’s seventh (7th) unexcused absence within any month during the current school year, or fifteenth (15th) unexcused absence during the current school year, if the district’s attempts to substantially reduce a student’s absences have not been successful and if the student is under the age of seventeen (17), the district will file a petition and supporting affidavit for a civil action in juvenile court.
The petition will contain the following:
1. A statement that the student has unexcused absences in the current school year. Unexcused absences accumulated in another school or school will be counted when preparing the petition;
2. An attestation that actions taken by the school district have not been successful in substantially reducing the student’s absences from school;
3. A statement that court intervention and supervision are necessary to assist the school district to reduce the student’s absences from school; and
4. All other required components set forth in RCW 28A.225.030 and 035 .
Petitions may be served by certified mail, return receipt requested, but if such service is unsuccessful or the return receipt is not signed by the addressee, personal service is required. The petition may be filed by a school district employee who is not an attorney.
Transfers
In the case of a student who transfers from one district to another during the school year, the sending district will provide to the receiving district the unexcused absences accumulated at the sending district, together with a copy of any WARNS or other truancy assessment, history of any best practices or research-based interventions previously provided to the student, and a copy of the most recent truancy information for that student. The information will include the online or written acknowledgment by the parent/guardian and student. The sending district will use the standard choice transfer form for releasing a student to a nonresidential school district for the purposes of accessing an Alternative Learning Experience program.
Adoption Date: June 24, 1992
Revision Dates: March 17, 1993, November 9, 1994, December 13, 1995, May 28, 1997, October 8, 1997, June 17, 1998, March 28, 2000, June 13, 2011, January 11, 2012 December 5, 2013, January 8, 2014, January 25, 2017, August 14, 2019, August 10, 2022
Procedure3122P- Excused and Unexcused Absences Procedures
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Notification of Pre-planned Absence- 3122F1
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Removal of Student During School Hours- 3124
Removal of Student During School Hours
The Board recognizes its responsibility for the proper care of students during school hours. Students will not be removed from school grounds, any school building or school function during school hours except by a person authorized according to district procedures. Before a student is removed or excused, the person seeking to remove the student must present to the satisfaction of the Superintendent, principal, or designee evidence of their proper authority to remove a student. A teacher should not excuse a student from class to confer with anyone unless the request is approve by the principal. The Superintendent is directed to establish procedures for the removal of a student during school hours.
Prior to sending a student to their home for illness, discipline, or a corrective action, the principal will attempt to reach the student’s parent/guardian to inform them of the school’s action and to request that the parent/guardian come to the school for the child. If the principal cannot reach the parent/guardian, the student will remain at school until the close of the school day. A student may be released to a law enforcement officer in accordance with district policy.
Cross References:
- Policy 4310 District Relationships with Law Enforcement and Other Government Agencies
- Policy 4200 Safe and Orderly Learning Environment
- Policy 3418 Response to Student Injury or Illness
- Policy 3126 Child Custody
Legal Reference:
- RCW 28A.605.010 Removing child from school grounds during school hours - Procedure
Classification: Essential
Adoption Date: July 29, 1992
Revised Date: March 27, 2024
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Removal of Student During School Hours Procedures- 3124P
Schools must exercise a high level of responsibility for the care of students while in school. The removal of a student during the school day may be authorized in accordance with the following procedures:
A. Law enforcement officers, upon proper identification, may remove a student from school without a warrant provided that the law enforcement officer signs a statement that they are removing the student from the school. Residential parents/guardians should be contacted as soon as possible when a student is taken into custody;
B. Any other agencies must have a written administrative or court order directing the school district to give custody to them. Proper identification is required before the student will be released.
C. A student will be released to the residential parent or the nonresidential parent unless the residential parent provides the school with a certified copy or a court order restricting and/or prohibiting the student’s contact with the nonresidential parent. When in doubt as to who has custodial rights, the school district will rely on enrollment records. Parents/guardians have the burden of furnishing schools with accurate, up-to-date information regarding custodial rights;
D. Prior written authorization from the residential parent/guardian is required before releasing a student into someone else’s custody unless an emergency situation justifies a waiver;
E. Law Enforcement should be called if a visitor becomes disruptive or abusive; and
F. State law requires that school personnel will not remove a student from school grounds during school hours without the consent of the student’s parent or guardian, unless the employee is the student’s parent/guardian, the employee is providing bus transportation, the employee is supervising an extra-curricular activity and providing transportation for the student, or the student requires transportation for emergency medical care and the parent cannot be contacted. Anyone officially responding to a 911 emergency call may remove a student without prior parental authorization if the situation requires. In the case of a medical emergency requiring immediate care, and when the school is unable to reach the parent or guardian, the student will be transported by ambulance to the hospital.
Adopted Date: March 27, 2024
Procedure 3124P- Removal of Student During School Hours
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Child Custody- 3126
The Board presumes that the person who enrolls a student in school is the residential parent of the student. The residential parent is responsible for decisions regarding day-to-day care and control of the student. Parent(s) or legal guardian(s) have rights to receive information contained in the school records concerning their child and to forbid or permit the disclosure of such information to others, subject to the authority granted to the residential parent or legal guardian.
The Board, unless informed otherwise, assumes that there are no restrictions regarding the nonresidential parent's right to be kept informed of the student's school progress and activities. If restrictions are made relative to the above rights, the residential parent will be requested to submit a copy of the court order that curtails these rights. If these rights are questioned by the nonresidential parent, the issue will be referred to law enforcement authorities for resolution.
Unless there are court-imposed restrictions, the nonresidential parent, upon request, will be given grade reports, notices of school activities, reports of disciplinary actions, or notices of teacher or principal conferences.
If there is a court order on file with the district that restricts and/or prohibits any parent or other person from contact with a student at school or picking up a student from school, then the district will not permit the student to visit with or be released to that parent, or other person.
Cross References:
- Policy 2420 Grading and Progress Reports Policy 3124 Removal of Student During School Hours
- Policy 3231 Student Records
- Policy 4310 District Relationships with Law Enforcement and Other Government Agencies
- Policy 4200 Safe and Orderly Learning Environment
Legal References:
- CFR45, Part 99 Family Education Rights and Privacy Act
- RCW 13.34.200 Order terminating parent and child relationships Rights of parties when granted
- RCW 26.09.184 Permanent parenting plan
Classification: Encouraged
Adoption Date: August 23, 1995
Revised Date: March 27, 2024
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School Attendance Area Variances- 3130
This policy applies to students that are residents of the District.
The Board recognizes that individual circumstances sometimes warrant the transfer of a student.
This policy establishes an attendance variance process for students that enables the District to respond to unique and justifiable needs, and at the same time avoid disruption to school programs.
The District shall be the sole determiner of the available enrollment capacity at each school for the upcoming school year. Such determinations will be made based on projected or actual enrollment and available staffing. In making these determinations, the District will consider: its commitment to provide comparable schools at each grade level; each school’s ability to operate an effective and efficient educational program; and each school’s physical capacity and enrollment projections.
Transfers may be considered if:
1. A financial, educational, safety, or health condition affecting the student would be reasonably improved as a result of the transfer;
2. Attendance at another school in the District is more accessible to the parent's place of work or to the location of child care; or
3. There is some other special hardship or detrimental condition affecting the student or the student's immediate family which would be alleviated as a result of the transfer.
The District will consider the following factors in a variance request:
1. Whether physical space is available in the requested program or school;
2. Whether space (as defined by teacher student ratios identified by the District) is available in the program, grade level or classes at the building in which the student desires to be enrolled;
3. Whether appropriate educational programs or services are available to improve the student's condition as stated in requesting the transfer; and
4. Whether the student's transfer is likely to create a risk to the health or safety of other students or staff at the new building.
Transfers must be granted (as per RCW 28A.225.270) if the student is a child of a full-time certificated or classified school employee to the school to which the employee is assigned, the schoolin the District’s feeder pattern forming the District’s K through 12 continuum, or at a school in the District that provides early intervention services or preschool services if the student is eligible for such services unless:
1. The student has a history of convictions, violent or disruptive behavior, or gang membership; or
2. The student has been expelled or suspended from school for more than ten consecutive days.
Parents shall be informed annually of the District's attendance area transfer option. The District shall make available for public inspection the Superintendent of Public Instruction's annual information booklet on enrollment options in the state at each school building, the central office and local public libraries.In cases where a variance is approved, transportation to and from school becomes the responsibility of the parents.
In certain instances, the Superintendent or designee may desire to transfer students to another service area. In this situation, the District will provide the transportation.
Cross References:
- Policy 3121Enrollment and Attendance Records
- Policy 3130 School Attendance Areas Variances
Legal References:
- RCW 28A.225.270 Intradistrict enrollment options policies
- 28A.225.300 Enrollment options information to parents
- 28A.225.290 Enrollment options information booklet
- C 36 L 03 Enrolling Children of Certificated and Classified School Employees
Mgmt. Resources:
- Policy News, June 2003 Enrolling Children of School Employees
Adoption Date: June 24, 1979
Revision Dates: August 22, 2007, February 11, 2009, September 23, 2015
Policy 3130- School Attendance Area Variances
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School Attendance Area Variances Procedures- 3130P
Each student in the district is required to attend the school designated for the geographic attendance area in which he or she resides.
A parent or guardian may request that his or her child be allowed to attend another school in the district (variance). Requests must be submitted annually, in writing, to the District Business Services Department. Secondary students who request attendance area transfers are subject to the Washington Interscholastic Activities Association’s eligibility rules.
Process:
1. Requests to attend a school other than the student’s designated school shall be submitted to the business services office using the District Variance Request Form (3130 F1). Requests for the next school year may be submitted beginning the first business day in January, but should bereceived no later than March 1.
2. For all grades K-12, a District Variance Review Committee will review all variances received by March 1 and determine acceptance or denial by the last day of March. Space availability at this time will be determined based primarily on projected enrollment and available staffing.
3. Parents will be notified in writing (either electronically or in print) following the Committee’s decision.
4. The District Variance Review Committee will meet at least three times from April 1 to September 15 to consider variance requests in order of receipt and in light of available staffing and projected and actual enrollment in programs, schools and grade levels.
5. If the District determines that a program, school or grade level cannot accommodate variance students, it will be closed to variances.
6. Variances must be re-applied for annually.
Appeal Process:
1. A student, parent/guardian or adult student may appeal the District Variance Review Committee’s decision. The request for appeal must be received in the business services office within seven calendar days of the postmark on the communication of the Committee’s decision.
2. The request for appeal shall be in the form of a letter to the District Variance Review Committee and must identify any relevant facts the student or parent/guardian believes the Committee overlooked in making its original decision and any other reasons that the student or parent/guardian believes that the decision of the Committee is in error.
3. The Committee will conduct a review of its decision based on additional information provided.
4. The parent/guardian will be notified in writing of the Committee’s review decision.
5. If the appeal is denied, the parent/guardian may appeal in writing to the Superintendent or designee within seven calendar days of the postmark on the communication of the Committee’s decision. The appeal should state the relevant facts cited to the Committee and any other extenuating circumstances not previously stated.
6. The decision of the Superintendent or designee shall be the final action of the District.
Denial/Revocation:
In addition to the District’s application of the factors stated in Policy 3130, a variance may be
denied or revoked if:1. The student’s disciplinary records indicate a history of violent or disruptive behavior or gang membership at his/her current school.
2. The student is currently under suspension, expulsion or emergency expulsion. A variance may be revoked after a suspension or expulsion has been imposed.
3. The student has difficulties with attendance, early dismissals, or tardiness or has a truancy petition filed from their present or resident school.
4. Enrollment poses a risk to the health and/or safety of other students and staff.
5. Parent(s) or student engage in conduct that disrupts the learning process or undermines the ability of building administration or staff to manage the building or classroom.
6. Parent(s) or student engage in action or behavior prohibited by Policy 3207 – Prohibition of Harassment, Intimidation and Bullying.
Revision Dates: June 24, 1992, June 22, 1994, March 11, 1998, August 22, 2007, February 11, 2009
November 30, 2012, February 1, 2013, September 23, 2015Procedure 3130P- School Attendance Area Variances Procedures
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In-District Variance Form- 3130F1
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Attendance Area Changes- 3131
As population and enrollment shifts within the district, changes in attendance areas or transfer of students becomes necessary. By mid-May of each school year, the next year's estimated enrollment shall be forecast for each attendance area. In those cases where estimated enrollments are substantially in excess of class size guidelines, student transfers shall be made in order to operate an effective and efficient educational program during the following year.
The following considerations shall be included when planning boundary changes and student transfers:
1. Priority shall be given efforts to minimize the disruption of the students' established relationships with a school.
2. Efforts shall be made to maintain neighborhood groupings when making transfers.
3. Efforts shall be made to keep siblings in the same elementary school.
4. Efforts shall be made to assign students completing sixth grade from the same elementary school to the same middle school, including those students who have transferred to an elementary school for day care reasons.
5. Prior to the implementation of any planned transfer of students, parents of students involved in such planned transfer shall be invited to a meeting at which the planned change shall be explained and discussed.
6. An orientation to the new school shall be arranged for transferred students.
7. Students residing within an attendance area shall be given preference over nonresident students.
When fall enrollments in an attendance area are in excess of class size guidelines, students may be transferred to a school in another attendance area.
Adoption Date: October 14, 1992
Policy 3131- Attendance Area Changes
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Release of Resident Students- 3140
The district shall generally approve applications of parents who wish their child to attend school in another school district.
PROVIDED that all resident students with disabling conditions seeking out-of-district placement are subject to a multidisciplinary team finding that appropriate educational placement for the student is not available in Snohomish schools. If such a finding is made, disabled students may be served out-of-district according to the provisions of Chapter 392-135 WAC “Interdistrict Cooperation Programs.”
Transportation to and from out-of-district schools for non-disabled students is solely the responsibility of the parents.
Legal References:
- WAC 392.135 Interdistrict Cooperative Programs
- RCW 28A.225.220-320 Family Choice
Adoption Date: June 24, 1992
Policy 3140- Attendance Area Changes
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Choice Transfer Form 3140F1
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Admission of Nonresident Students- 3141
Any student who resides outside the District may apply to attend a school in the District. All applications for non-resident attendance will be considered on an equal basis.
The Snohomish School District will annually inform parents of the interdistrict enrollment options and parental involvement opportunities. Information on interdistrict acceptance policies will be provided to non-residents on request. Providing online access to the information satisfies the requirements of this policy unless a parent or guardian specifically requests information to be provided in written form. The District will not charge any transfer fees or tuition costs for enrolling eligible non-resident students. A parent or guardian will apply for admission on behalf of his or her student by completing the Choice Transfer application and submitting it to their home district. The District will be the sole determiner of the available enrollment capacity at each school for the upcoming school year. Such determinations will be made based on projected or actual enrollment and available staffing. In making these determinations, the District will consider: its commitment to provide comparable schools at each grade level; each school’s ability to operate an effective and efficient educational program; and each school’s physical capacity and enrollment projections.
A student who resides in a District that does not operate a secondary program will be permitted to enroll in secondary schools in this District in accordance with state law and regulation relating to the financial responsibility of the resident District.
Standards for accepting applications or non-approval of an application
The Superintendent or designee will approve or disapprove an application for non-resident admission based upon the following criteria:
1. Whether acceptance of a non-resident student would result in the District experiencing significant financial hardship (“financial hardship” does not include routine programmatic costs associated with serving additional disabled or non-disabled students);
2. Whether in the grade level or class at the building in which the student desires to be enrolled has the capacity for additional students;
3. Whether the District has space available in an appropriate program to serve a student with disabilities. In order to allow the District reasonable opportunity to make informed decisions regarding this criterion, applicants must provide information in connection with an application disclosing whether a student has a disability that requires special education or other individualized services;
4. Whether appropriate educational programs or services are available to improve the student's condition as stated in requesting release from his/her District of residence;
5. Whether the student has a history of violent or disruptive behavior (meaning behavioral incidents resulting in multiple days in which the student was suspended and/or expelled), convictions for offenses or crimes, or gang membership (a gang means a group of three or more persons with identifiable leadership that on an ongoing basis regularly conspires and acts in concert mainly for criminal purposes); or
6. Whether the student has been expelled or suspended from a public school for more than ten consecutive days, in which case the student may apply for admission under the District’s policy for readmission of expelled students.
Children of employees
1. A non-resident student who is the child of a contracted certificated or classified employee will be permitted to enroll:
a. At the school to which the employee is assigned;
b. At a school forming the District’s kindergarten through twelfth grade continuum (feeder pattern) which includes the school to which the employee is assigned; or
c. At a school in the District that provides early intervention services pursuant to RCW 28A.155.065 and/or preschool services pursuant to RCW 28A.155.070, if the student is eligible for such services.
2. The District may reject the application of a student who is the child of a contracted employee if:
a. Disciplinary records or other evidence supports a conclusion that the student has a history of convictions, violent or disruptive behavior or gang membership; or
b. The student has been expelled or suspended from a public school for more than ten consecutive days (however, the District’s policies for allowing readmission of expelled or suspended students and the required re-engagement procedures under this rule must apply uniformly to both resident and non-resident applicants seeking admission, pursuant to RCW 28A.225.225(2)(b); or
3. If a non-resident student is the child of a contracted employee and has been enrolled under Section 1 above, the student must be permitted to remain enrolled at the same school or in the District’s kindergarten through twelfth grade continuum until:
a. The student completes their schooling; or
b. The student has repeatedly failed to comply with requirements for participation in an online school program, such as participating in weekly direct contact with the teacher or monthly progress evaluations.
A variance may be denied and/or revoked if an applicant fails to provide or provides incomplete or inaccurate information requested by the District about whether a student has a disability requiring special education and/or other individualized services. A variance may also be revoked if the student has problems with attendance, tardiness, early dismissals, discipline or if continued enrollment poses a risk to the health or safety of other students, staff or self. Falsification of records or documentation on the application may also result in revocation. Admission of a nonresident student operates for no more than the applicable school year, and non-resident students must apply for admission for each subsequent school year for which they seek to attend District schools.
The Superintendent or designee in a timely manner shall provide all applicants with written notification of the approval or denial of the application.
Cross Reference:
- Policy 3121 Enrollment
Legal References:
- RCW 28A.225.220 Adults, children from other districts, agreements for Attending school - Tuition
- RCW 28A.225.225 Applications from non-resident students or students Receiving home-based instruction to attend district School – School employees’ children – Acceptance And rejection standards - Notification
- RCW 28A.225.240 Apportionment credit
- 28A.225.290 Enrollment options information booklet
- 28A.225.300 Enrollment options information to parents WAC 392-137 Finance - Non-resident attendance
Adoption Date: October 27, 1993
Revision Dates: May 13, 1998, February 11, 2009, April 14, 2010, September 23, 2015, April 13, 2016, December 13, 2017
Policy 3141- Admission of Nonresident Students
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Admission of Nonresident Students Procedures- 3141P
A parent or guardian may request a variance to allow his or her child to attend the District as a non-resident. Requests for variances must be submitted annually, in writing, to the District Business Services Department.
Secondary students who request transfers are subject to the Washington Interscholastic Activities Association’s eligibility rules.
Process:
1. Requests to attend a school in the District shall be submitted to the student’s resident District through the State’s Choice Transfer system no later than the first school day of March each year.
2. The principals on the elementary and secondary variance review committees (Committees) will seek to make determinations by the last school day of March. Space availability will be determined based primarily on projected enrollment and available staffing.
3. Parents will be notified in writing (electronically or by mail) following the decision concerning their variance application.
4. The Committees will meet as needed from March 1 to September 15 to review variance requests and/or decisions in light of projected and actual enrollment and available staffing in programs, schools and grade levels. If the District determines that a school, program or grade level cannot accommodate variance students, it will be closed to variances.
5. Variances must be re-applied for annually.
Appeal Process:
1. A student or parent/guardian or adult student may appeal the decision concerning their variance application. The request for appeal must be received in the Business Services office within seven calendar days of the postmark on the communication of the variance decision.
2. The request for appeal will be in the form of a letter to the Committee and must identify any relevant facts the student or parent/guardian believes the Committee overlooked in making its decision and any other reasons that the student or parent/guardian believes that the decision of the Committee should be reviewed.
3. The Committee will conduct a review of its decision based on additional information provided.
4. The parent/guardian will be notified in writing via certified and electronic mail of the Committee’s review decision.
5. If the appeal is denied by the Committee, the parent/guardian may appeal in writing to the Superintendent or designee within seven calendar days of the postmark on the communication of the Committee’s appeal decision. The appeal should state the relevant facts cited to the Committee and any other extenuating circumstances not previously stated.
6. The decision of the Superintendent or designee shall be the final action of the District.
7. The final decision of the District to deny the admission of a nonresident student may be appealed to the Office of Superintendent of Public Instruction Administrative Resource Services – Transfer Appeal
Office of Superintendent of Public Instruction
PO Box 47200
Olympia, WA 98504-7200Transportation:
The District assumes no obligation for the transportation of non-resident students admitted under this policy.
Denial/Revocation:
A variance may be denied or revoked based upon the criteria stated in Policy 3141.
Adoption Date: October 27, 1993
Revision Dates: May 13, 1998, August 22, 2007, February 11, 2009, July 16, 2012, September 23, 2015, February 22, 2016, October 24, 2016, December 13, 2017
Procedure 3141P- Admission of Nonresident Students
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International Student Exchange- 3142
The Board recognizes the value of student exchange programs and/or the hosting of qualified international students. Such experiences provide international exchange students with a balanced understanding of our country and provide U.S. students with a broad world perspective.
The district will provide equal educational opportunity and treatment for all student in all aspects of the academic and activities program without discrimination based on sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal by a person with a disability.
Students visiting our state for a short stay (B-2 visa), such as a vacation or visit with friends or family, may not enroll in school in the district. However, with prior written permission from the school, these students may visit classrooms and attend school-sponsored events.
International exchange students who come to the U.S. for a long-term visit (J-1) with the intention of attending school may register to attend school in the district through a recognized international exchange program. Programs presenting applications will be authorized by the US Department of State to issue a DS-2019 form in support of securing a J-1 Visa. The District will not issue an I-20 form for an international student to secure an F-1 Visa.
The district will admit such international exchange students when admission does not adversely impact the instructional program of the district.
The Superintendent or designee is directed to develop procedures, including but not limited to the number of international exchange students the district will admit, selection of international exchange organizations, timing of placement process, district expectations of international exchange organizations, school expectations for international exchange students and school responsibilities.
Legal References:
- Chapter 19.166 RCW International Student Exchange
- RCW 28A.300.240 International Student Exchange
Classification: Discretionary
Adoption Date: January 12, 1994
Revised Date: April 9, 1997, October 10, 2012, April 14, 2021
Policy 3142- International Student Exchange
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International Student Exchange Form- 3142F1
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International Student Exchange Procedures- 3142P
For the purpose of this procedure, an international exchange student is defined as a student who has been issued a J-1 or F-1 visa in order to enroll in a school in the district. An international exchange organization is an organization registered with the Secretary of State’s office in Washington State.
Number of International Exchange Students
The district determines the number of international exchange students for placement in each school based on the capacity of the school to integrate the international students in a way that is beneficial for all. The district strives to find an acceptable number that recognizes the needs of schools and opportunities provided by exchange programs.
A sponsoring organization may place a maximum of two (2) exchange students in any one school per year. This requirement does not preclude groups of students from making short term visitations as part of cultural or other exchanges. The maximum number of exchange students that will be accepted at a high school in one year will be eight (8).
Selection of International Exchange Organizations
A. The district will only accept students from international exchange organizations registered with the Office of the Secretary of State of Washington State. (A list of such organizations is available on the website of the Office of Superintendent of Public Instruction at www.k12.wa.us).
B. The district reserves the right to work with international exchange organizations that have proved their commitment to high standards and responsiveness to student and district needs.
Timing of Placement Process
A. An international exchange organization wishing to enroll an international exchange student in the district will submit a request which provides a complete program description, including the name, address, and telephone number of the local representative. The Snohomish School District must receive the application by May 1 for students planning to begin school during first semester the following fall or by October 1 for students planning to begin school for second semester.
B. Each request will be reviewed by the appropriate building principal. Notification of approval or denial will be issued in writing to the program representative in a timely manner, but no later than June 1 for first-semester enrollment or November 1 for secondsemester enrollment.
C. The district may, at its discretion, choose to accommodate a late applicant because federal J-1 Visa regulations permit the placement of exchange students up to August 31 of each year.
District Expectations of International Exchange Organizations
Each international exchange organization must:
A. For the District:
1. Each year obtain written school enrollment authorization for student placements before confirming a placement with a host family. The decision as to which grade level is most appropriate and which classes are to be taken resides entirely with the principal of the host school;
2. Follow district policy on placement timing and requirements;
3. Maintain a qualified and trained local representative with responsibility for each student including ongoing communication with the school and responding to school needs;
4. Provide the name, address, and telephone number of the local program representative who will provide emergency, advisory and liaison services to the district. If this information changes during the year, the host school will be notified immediately;
5. Notify the district as soon as student and host family match-ups are confirmed and provide the name, address and telephone number of the student’s host family to the district; and
6. Forward the student’s cumulative records, indicating courses studied, grades received and attendance records prior to the approval for admission. The cumulative records will include transcripts and student academic records in English.
B. For the Host Family
1. A student placement agreement must be established between the district and host family before exchange students leave their home country.
2. Personally interview and screen all potential host families, matching student and family interest and personalities; and
3. Maintain ongoing contact with the host family and student.
C. For the Student:
1. Screen and place exchange students based on their academic interests and abilities and not knowingly place exchange student based solely on their athletic abilities;
2. Prepare exchange student, including providing an orientation to the U.S., Washington state, and the school and academic expectations.
3. Ensure that the student will receive adequate financial support for the duration of the student’s stay in the district;
4. Ensure that the student have medical and accident insurance that meets or exceed the U.S. Department of State guidelines;
5. Ensure that exchange students arrive in their host homes and school placements by the first day of classes;
6. Monitor student progress during the school year and respond to issues or problems as they develop;
7. Provide any necessary student tutorial help and support services. In the event that the tutoring/ESL or special accommodations are needed, the organization must make arrangement and accept financial responsibility for such services; and
8. Sponsors will pay for the student activity costs and/or fees as required by the district.
School Expectations for International Exchange Students
It is the responsibility of the international exchange organization to ensure that the international exchange student is fully aware of the expectations of the school that has accepted placement of that student. Each international exchange student must:
A. Be qualified to participate in regular classes and maintain a typical schedule. This means the student must have an acceptable level of proficiency in the English language, a commitment to treat coursework as important, and the social skills to enjoy participation in social and extra-curricular activities;
B. Understand that eligibility of international exchange students to participate in extracurricular athletics, music, forensics, and other such activities may be limited and is determined by the rules and regulations of the Washington Interscholastic Activities Association. The decision as to which students are selected for an athletic team or activity resides entirely with the coach or advisor;
C. Attain passing grades by the end of the first semester. In general, students will be evaluated the same academically (grades A, B, C, D, F) as domestic students. In some situations, teachers may use “S” and “U” grades;
D. Follow all school policies, procedures, rules of conduct and attendance requirements as regular students, as well as federal regulations related to the visa. Failure to comply with accepted standards may result in termination of the exchange;
E. Pay all normal expenses, including standard course and extra-curricular activity fees;
F. Present required paperwork including visa information, medical records, transcripts, and host family information to the school staff member designated to coordinate the international exchange program;
G. Students must be less than 19 years of age on the initial date of their attendance and must not have graduated from high school in their home country.
H. Understand that enrollment eligibility for international exchange students in public schools is for one school year only.
I. Students wishing to pursue a Snohomish School District diploma must:
1. Have senior status approved by the principal or designee at the time of enrollment and successfully complete a course of study indicative of one-year worth of appropriate credits, including successful completion of specific courses required by Washington State law;
2. Meet district and state graduation requirement in order to be eligible to receive a high school diploma. Each international exchange student must also understand that it is not the purpose of the international exchange experience to enable international exchange students to receive a Washington state high school diploma. Therefore, international exchange students will not be included in any class ranking lists, nor will a GPA be computed for them;
3. Complete all non-credit graduation requirements (including community service) and
4. The district will determine whether it is appropriate for the student to participate in graduation ceremonies or to receive a high school diploma.
Students who do not meet these requirements or do not wish to receive a diploma will be permitted to participate in all senior activities.
School Responsibilities
A. Schools are expected to provide international exchange students with all rights and privileges accorded to resident students except the right to a diploma; and
B. The school will make every effort to integrate international exchange students into the school’s social fabric. In turn, schools will encourage international exchange students to participate in school activities, make friends, to make a personal contribution to the school.
Classification: Discretionary
Adoption Date: January 12, 1994
Revision Dates: April 9, 1997, October 5, 2009, January 5, 2012, April 14, 2021
Procedure 3142P- International Student Exchange Procedures
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District Notification of Juvenile Offenders- 3143
A court will notify the principal of a school in which a student is enrolled if the student has been convicted, adjudicated for, or entered into a diversion agreement for any of the following offenses: a violent offense, a sex offense, a firearm offense, inhaling toxic fumes, a drug offense, liquor offense, assault, kidnapping, harassment, stalking, or arson. If the district received this information instead of the principal, the district will provide it to the building principal.
When the principal receives notification of juvenile offenders as described above, the principal must provide the information received about the student to every teacher of the student and to any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student’s record. The information that the principal must provide is based on any written records that the principal maintains or receives from a juvenile court administrator or a law enforcement agency regarding the student.
Any information received by a principal or school personnel under this policy is confidential and may not be further disseminated except as allowed by the stature for transfer of records (RCW 28A. 225.330), other statutes and case law, or the Family and Educational and Privacy Rights Act, 20 U.S.C. Sec. 1232g et seq.
If a student is convicted of, adjudicated for, or has entered into a diversion agreement for assault, kidnapping, harassment, stalking, or arson against a teacher, then that student will not be assigned to that teacher’s classroom. Additionally, if a student is convicted of, adjudicated for, or has entered into a diversion agreement for assault, kidnapping, harassment, stalking, or arson against another student, the offending student will not be assigned to the same class as the other student.
A community residential facility to which an adjudicated juvenile is transferred will provide written notice of the offender’s criminal history to the district if the juvenile is attending school in the district while residing at the community residential facility. The district will ensure that such written notice is provided to the pertinent building principal.
The state Department of Social and Health Services (DSHS) will notify the Board of Directors in writing at least thirty days before a juvenile convicted of a violent offense, a sex offense or stalking is discharged, paroled, given authorized leave or otherwise released to reside in the district. The district will ensure that this written information is provided to the pertinent building principal. The DSHS Sex Offender School Attendance Program assists with ensuring that juvenile sex offenders, committed to Juvenile Rehabilitation Administration (JRA), do not enroll in the same school as their victim or their victim’s siblings. If there is a conflict in schools, DSHS program staff will work with JRA to have the offender moved to another school.
Convicted juvenile sex offenders will not attend a school attended by their victims or their victims’ siblings. Offenders and their parent(s) or guardian(s) will be responsible for providing transportation or covering other costs related to the offenders’ attendance at another school.
Cross References:
- Policy No. 2161 Special Education and Related Services for Eligible Students
- Policy No. 3140 Release of Resident Students
- Policy No. 3144 Release of Information Concerning Student Sex and Kidnapping Offenders
- Policy No. 3231 Student Records
- Policy No. 4315Release of Information Concerning Sex and Kidnaping Offenders
- Policy No. 4020 Confidential Communications
Legal References:
- RCW 13.04.155 Notification to school principal of conviction, adjudication, or diversion agreement - provision of information to teachers and other personnel - Confidentiality
- RCW 13.40.215 Juveniles found to have committed violent or sex offense or stalking - Notification of discharge, parole, leave release, transfer, or escape - To whom given - Definitions
- RCW 28.600.460 Classroom discipline - policies - classroom placement of student offenders - data on disciplinary actions
Classification: Priority
Adoption Date: February 8, 1995
Revised: October 25, 1995, June 17, 1998, August 12, 2020
Policy 3143- District Notification of Juvenile Offenders
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Release of Information Concerning Student Sex and Kidnapping Offenders- 3144
The district recognizes its responsibility for the health and safety of all students, including students required to register as a sex or kidnapping offender enrolled within the district. Therefore, the district will take appropriate precautionary measures in situations where the building principal has been advised by law enforcement or a court that a student required to register as a sex or kidnapping offender is enrolling or is attending a school within the district.
Principal Responsibilities
When a principal receives notice from law enforcement or a court that a sex or kidnapping offender will be attending the principal’s school, the principal will provide the information received to every teacher of the student and to any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student’s record.
Collaboration
The principal will work with law enforcement and courts to coordinate the receipt of notifications regarding students registered as sex or kidnapping offenders. The principal or designee will also consult and collaborate with department of corrections, juvenile justice staff, treatment providers, victim support groups, and families, as applicable, when working with students required to register as a sex or kidnapping offender.
Confidentiality
Any information received by a principal or school personnel as a result of a notification is confidential and may not be further disseminated except as provided by the statue for transfer of records (RCW 28A.225.330), other statutes or case law, and the Family and Educational Privacy Rights Act (FERPA), 20 U.S.C. § 1232g et. seq.
Any school district or district employee who releases information under RCW 28A.225.330 is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.
Inquiries by the Public
Inquiries by the public at large (including parents and students) regarding students required to register as a sex or kidnapping offender are to be referred directly to law enforcement. Law enforcement agencies receive relevant information about the release of sex and kidnapping offenders into communities and decide when such information needs to be released to the public.
Student Rights and Responsibilities
All students, including those students required to register as a sex or kidnapping offender, have a constitutional right to a public education. Students required to register as sex or kidnapping offenders are also required to notify law enforcement of their intent to enroll in school.
Written Procedures
The Superintendent or designee will adopt written procedures for school principals describing how they will disseminate information received about students who are sex or kidnapping offenders with appropriate school personnel.
Cross References:
- Policy No. 3143 District Notification of Juvenile Offenders
- Policy No. 3120 Enrollment
- Policy No. 4413 Release of Information Concerning Sex and Kidnapping Offenses
Legal References:
- RCW 4.24.550 Sex offenders and kidnapping offenders – Release of information to public – website
- RCW 9A.44.130 Registration of sex offenders and kidnapping offenders – Procedures – Definition – Penalties
- RCW 28A.225.330 Enrolling students from other districts – Requests for information and permanent records – Withheld transcripts – Immunity from liability – Notification to teachers and security personnel - Rules
- RCW 72.09.345 Sex offenders – Release of information to protect public – End-of- sentence review committee – Assessment – Records access – Review, classifications, referral of offenders – Issuance of narrative notices
- 20 U.S.C 1232g et seq Family and Education and Privacy Act of 1994 Art. IX, Section 1, Washington State Constitution
Classification: Encouraged
Adoption Date: August 12, 2020
Policy 3144- Release of Information Concerning Student Sex and Kidnapping Offenders
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Release of Information Concerning Student Sex and Kidnapping Offenders Procedures- 3144P
Responsibilities
Principals are required by law to respond to notification by law enforcement or courts about students who are sex or kidnapping offenders and to disseminate information about such students. Principals may rely on the Office of Superintendent of Public Instruction (OSPI) Principal’s Notification Checklist for additional assistance.
Principals
Principals have a responsibility to develop a:
A. Relationship with law enforcement agencies dealing with students required to register as a sex or kidnapping offender.
B. Procedure for acceptance of notifications from law enforcement and the courts.
C. Procedure to notify teachers and appropriate staff of their roles and responsibilities with respect to these students, including confidentiality, harassment, intimidation and bullying issues.
D. Protocol for responses to public inquiries about students who are required to register as sex or kidnapping offenders, stressing confidentiality and FERPA rules (in developing such protocol, the principal will need to determine how district staff will be notified and which staff will be in charge of monitoring these students).
E. Procedure and protocol for safety planning, which will include student meetings, designing and monitoring student safety plans, and implementing safeguards when students change schools or change sex offender levels or status with parole or probation.
F. Protocol of best practices for contacting the district superintendent or designee with a list of student sex and kidnapping offenders when notification is received from law enforcement and courts.
Students
It is the responsibility of students who are required to register as sex or kidnapping offenders to follow all rules and regulations of the school, including those outlined in the student handbook and the district policies and procedures. Further, students must conduct themselves as defined in the student handbook and policies and procedures and follow all stipulations as outlined in their individual student safety plans.
Notifications
Notifications from law enforcement or courts that a student required to register as a sex or kidnapping offender is enrolled or attending school can come to the principal in a variety of methods, including email, U.S. mail, or hand-delivery.
Although currently there is no standard notification form statewide, the following items may be found on most notifications:
A. Offender name, address, sex, height, weight, hair color, eye color, age, ethnicity, crime, sex offender level, convicting jurisdiction, neighborhood, proximity to schools, and level descriptors.
Notification Lists
Upon receipt of notification, the principal or a designee will review the list of students. The principal or designee will review the list to determine which students are currently enrolled, currently attending school, or are new to the district and not yet enrolled.
Notifying Additional School Personnel
The principal will designate additional school personnel to be notified following consultation with probation or parole (or the student’s family if not on court supervision) in order to identify or recognize high-risk situations. The following staff should be considered:
A. District Superintendent or designee, appropriate administrative and teaching staff, school resource officers, adjacent building principals, security personnel, staff working directly in the student’s classrooms; and school counselors, school psychologists, coaches, advisors, school social workers, nurses, bus drivers, custodians, district daycare providers, and playground supervisors that may have contact with the student.
Student Intake Process
Students attending our schools who are registered sex offenders will have a specific intake process as defined below:
Snohomish School District Notice Procedures for Students Registered as Level II or III Sex Offenders
A. The Human Services office receives Registered Sex Offender information from a local law enforcement agency.
B. The Human Services office informs building administration, Transportation Supervisor and Executive Director of Academic Services.
C. Building administrators make information available to all appropriate employees at work group staff meetings.
D. Building administrators coordinate an “intake” meeting to develop an appropriate program placement and supervision plan for the student designed around the specific issues the student presents.
E. The District will disseminate information received from law enforcement on sex offenders who are students at the direction of law enforcement and on the same basis as non-student sex offenders.
Safety Planning
The principal will complete safety planning with school staff, law enforcement, probation or parole, treatment providers, parents or guardians, care providers, and child advocates, as appropriate, in order to provide a safe school environment for all students and staff. For safety planning to be effective, the district will finalize formal enrollments for students required to register as a sex or kidnapping offender promptly after their enrollment request.
Convicted juvenile sex offenders will not attend a school attended by their victims or their victims’ siblings. Offenders and their parents or guardians will be responsible for providing transportation or covering other costs related to the offenders’ attendance at another school.
Student Meetings
The principal or designee, working together with probation and parole professionals, will meet promptly with the student to create and implement a student safety plan. The principal or designee will determine other appropriate school personnel to be included in the meeting to assist in defining school expectations. The student’s parent or guardian or care provider may also be invited. The purpose for the meeting is to help the student be successful in his or her transition back to school and to provide a safe school environment for all students and staff.
Student Safety Plan
The principal or designee (and other school staff as applicable) in consultation with probation and parole professionals (if under court supervision) will create a student safety plan for each registered sex or kidnapping offender. The plan will outline the responsibilities of the student and other stakeholders to promote those activities deemed essential in safely managing the student’s behavior.
A. The Student Safety Plan will outline conditions and limitations on each student required to register as a sex or kidnapping offender concerning their interactions on school grounds;
B. For students not under court supervision, the Student Safety Plan should be developed in conjunction with school staff in consultation with the student’s family or guardian or care provider;
C. The Student Safety Plan will be based on the student’s needs and include guidelines for expected intervention actions for high-risk behaviors and reinforcement of positive behaviors;
D. Each Student Safety Plan will be reviewed as necessary by staff designated by the principal.
Monitoring the Safety Plan
The Student Safety Plan will be monitored, and changes made on an “as-needed” basis by school staff.
A. School authorities should be prepared to take appropriate actions (especially if they notice an increase or escalation of a student’s high-risk behaviors) for the short and 3144P Page 4 of 4 long-term safety of the student required to register as a sex or kidnapping offender and all other students;
B. School staff will report to the principal or designee and to law enforcement or other involved agencies (treatment providers, parole/probation) if they determine the student has not followed the Student Safety Plan.
C. Follow-through on the Student Safety Plan will be consistent with existing disciplinary policies and procedures, student conduct policies, and mandatory reporting policies.
Schools may develop school threat assessment teams and make referrals to those teams when students engage in inappropriate behaviors as defined in the Student Safety Plan.
When Students Move or Change Status
When a student changes schools, whether within or outside the district, the current principal will notify the new principal and share the student records and safety plans with the new school. If the student’s sex offender status or probation or parole status changes, the principal will notify the school staff as part of the school’s safety planning.
Adoption Date: August 12, 2020
Procedure 3144P- Release of Information Concerning Student Sex and Kidnapping Offenders Procedures
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Rights, Responsibilities of Students- 3200
Rights, Responsibilities, and Authority of Students
Each year, the Superintendent or designee will develop handbooks pertaining to student rights, conduct, and discipline, and make the handbooks available to all students, their parents, and staff.
The school principal and certificated building staff will confer at least annually to develop and/or review student conduct standards and the uniform enforcement of those standards as related to the established student handbooks. They will seek to develop precise definitions for common problem behaviors and build consensus on what constitutes manifestation of those problem behaviors. The definitions will also address differences between major and minor manifestations of problem behaviors to identify those problem behaviors that teachers and other classroom staff can generally address and those problem behaviors that are so severe that an administrator needs to be involved. This work will also help district staff identify and address differences in the perception of subjective misbehaviors and reduce the effect of implicit bias.
All students who attend the district's schools will comply with the written policies, rules, and regulations of the schools, will pursue the required course of studies, and will submit to the authority of staff of the schools, subject to such discipline, including other forms of discipline as the school officials will determine.
Cross Reference:
- Policy 3241 Student Discipline
Legal References:
- RCW 28A.150.240 Certificated teaching and administrative staff as accountable for classroom teaching – scope – Responsibilities - Penalty
- RCW 28A.400.110 Principal to assure appropriate student discipline – building discipline standards – classes to improved classroom management skills
- RCW 28A.405.060 Course of study and regulations – Enforcement – Withholding salary warrant for failure RCW 28A.600.010 Enforcement of rules of conduct – Due process guarantees – Computation of days for short-term and long-term suspensions
- RCW 28A.600.020 Exclusion of student from classrooms – Written disciplinary procedures – long term suspension or expulsion
- RCW 28A.600.040 Pupils to comply with rules and regulations
- Chapter 392-168 WAC Special service programs – Citizen complaint procedure for certain categorical federal programs
Classification: Encouraged
Adoption Date: August 12, 2020
Policy 3200- Rights, Responsibilities of Students
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Rights, Responsibilities and Authority of Teachers and Principals- 3201
Rights, Responsibilities, and Authority of Teachers and Principals
I. Rights, Responsibilities and Authority of Teachers
A. Teacher Responsibilities. Teachers and other non-supervisory certificated personnel (collectively referred to as "teachers" in this paragraph I) will have the following responsibilities with respect to the discipline of students:
1. Each teacher will enforce the prescribed school District rules for student conduct.
2. Each teacher will comply with school District and building rules and guidelines relating to the methods of student control.
3. Each teacher will maintain good order in the classroom, in the hallways and on the playgrounds or other common areas of the school.
4. Each teacher assigned to classroom duties will keep and maintain accurate attendance records of students.
5. Each teacher will set an appropriate example of personal conduct and will avoid making any statement to any student that may be demeaning or personally offensive to any student or group of students.
B. Teacher Authority. Subject to the limitations set forth in RCW 28A.600.020 and WAC Chapter 392-400 and District Policies No. 3240 and No. 3241, all teachers will have the authority to implement discipline (corrective action, exclusion and detention) for any student for any disruptive or disorderly conduct or other violation of rules for student conduct which may occur in the presence of the teacher or when the student is under the teacher's supervision. Teachers may also recommend the suspension or expulsion of students to the proper school authorities.
C. Teacher Rights. Teachers will have the following rights with the respect to methods of student control:
1. Each teacher will be entitled to appropriate assistance and support from building administrators in connection with problems relating to students.
2. Each teacher will be promptly advised of any complaint made to the principal or other school District administrator regarding the teacher's method of student control. The teacher will be given the opportunity to present his or her version of the incident and to meet with the complaining party in the event that a conference with the complaining party is arranged.
II. Rights, Responsibilities, and Authority of Principals
A. Principal Responsibilities. Principals and other building administrators (collectively referred to as "principals" in this paragraph II) will have the following responsibilities with respect to the methods of student control:
1. Each principal will be responsible for the enforcement of the prescribed School District policy for student conduct and for the compliance with school District and building procedures relating to the methods of student control.
2. Each principal will develop written rules for his or her building. The building rules will be consistent with School District policy and procedures and with regulations of the State Board of Education relating to methods of student control and will provide for early involvement of parents in attempts to improve a student's behavior.
3. The principal and staff members in a school building will confer at least annually in order to develop and/or review the building rules to promote the uniform enforcement of those rules throughout the school as well as within each classroom.
4. At the beginning of each school year principals will make available to each teacher, student and parents or guardians of students a copy of school District policy and procedures (or summary thereof) together with any building rules developed pursuant to paragraph II.A.2. herein.
5. Each principal will set an appropriate example of personal conduct.
6. Each principal will l provide appropriate assistance and support to teachers in connection with methods of control relating to students.
7. The principal and the teachers will confer annually to establish criteria for determining when certificated employees must complete classes to improve classroom management skills.
B. Principal Authority. All building and school district administrators will have the authority to discipline, suspend or expel, on a regular or emergency basis, any student for any violation of rules for student conduct.
C. Principal Rights. Each principal will be promptly advised of any complaint made to any other school District administrator regarding the principal’s method of student control. The principal will be given the opportunity to present his or her version of the incident and to meet with the complaining party in the event that a conference with the complaining party is arranged.
Cross Reference:
- Policy 3200 Student Responsibilities
- Policy 3241 Student Discipline
Legal References:
- RCW 4.24.190 Action against parent for willful injury to property by minor
- 28A.600.010 Government of schools, pupils, employees, rules and regulations for - Due process guarantees - Enforcement
- 28A.150.240 Basic Education Act of 1977 - Certificated teaching and administrative staff as accountable for classroom teaching - Scope - Responsibilities - Penalty
- 28A.600.020 Government of schools, pupils, employees, rules and regulations for - Aim - Exclusion of student by teacher - Written procedures developed for administering discipline, scope
- 28A.600.040 Pupils to comply with rules and regulations
- 28A.400.110 Principal to assure appropriate discipline
- 28A.635.060 Defacing or injuring school property-Liability of pupil, parent, guardian - Withholding grades, diploma, or transcripts
- WAC Chapter 392-400
Adoption Date: June 24, 1992
Revised: June 17, 1998, August 22, 2018
Policy 3201- Rights, Responsibilities and Authority of Teachers and Principals
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Sexual Harassment of Students Prohibited- 3205
This district is committed to a positive and productive education free from discrimination, including sexual harassment. This commitment extends to all students involved in academic, educational, extracurricular, athletic, and other programs or activities of the school, whether that program or activity is in a school facility, on school transportation, or at a class, or school training held elsewhere.
Definitions
For purposes of this policy, sexual harassment means unwelcome conduct or communication of a sexual nature, including conduct defined in WAC 392-190-056.
Sexual harassment can occur adult to student, student to student or can be carried out by a group of students or adults. Sexual harassment will be investigated even if the alleged harasser is not a part of the school staff or student body. The district prohibits sexual harassment of students by other students, employees or third parties involved in school district activities.
Examples of “sexual harassment” include:
- Acts of sexual violence;
- Unwelcome sexual or gender-directed conduct or communication that interferes with an individual’s educational performance or creates an intimidating, hostile, or offensive educational environment;
- Unwelcome sexual advances;
- Unwelcome requests for sexual favors;
- Sexual demands when submission is a stated or implied condition of obtaining an educational benefit; or
- Sexual demands where submission or rejection is a factor in an academic, or other schoolrelated decision affecting a student.
For the purpose of this policy, a “hostile educational environment” has been created when sexual harassment is sufficiently severe, persistent, or pervasive that it limits or denies a student’s ability to participate in or benefit from any of the district’s course offerings, including any educational program or activity. The more severe the conduct, the less need there is to demonstrate a repetitive series of incidents. A single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe, violent, or egregious.
Investigation and Response
If the district knows, or reasonably should know, that sexual harassment has created a hostile environment it will promptly investigate to determine what occurred and take appropriate steps to resolve the situation. If an investigation reveals that sexual harassment has created a hostile environment, the district will take prompt and effective steps reasonably calculated to end the sexual harassment, eliminate the hostile environment, prevent its recurrence and as appropriate, remedy its effects. The district will take prompt, equitable and remedial action within its authority on informal or formal reports, complaints and grievances alleging sexual harassment. that come to the attention of the district, either formally or informally.
Allegations of criminal misconduct will be reported to law enforcement and suspected child abuse will be reported to law enforcement and/or Child Protective Services. Regardless of whether the misconduct is reported to law enforcement, school staff will promptly investigate to determine what occurred and take appropriate steps to resolve the situation, to the extent that such investigation does not interfere with an ongoing criminal investigation. A criminal investigation does not relieve the district of its independent obligation to investigate and resolve sexual harassment.
Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending students, staff or other third parties involved in school district activities including, restricted access to school property or activities , as appropriate.
Retaliation and False Allegations
Retaliation against any person who makes or is a witness in a sexual harassment complaint is prohibited and will result in appropriate discipline. The district will take appropriate actions to protect involved persons from retaliation.
It is a violation of this policy to knowingly report false allegations of sexual harassment. Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.
Staff Responsibilities
The Superintendent will develop and implement formal and informal procedures for receiving, investigating and resolving complaints or reports of sexual harassment. The procedures will include reasonable and prompt timelines and delineate staff responsibilities under this policy.
Any school employee who witnesses sexual harassment or receives a report, informal complaint, or written complaint about sexual harassment is responsible for informing the District Title IX Coordinator. All staff are also responsible for directing complainants to the formal complaint process.
Reports of discrimination and discriminatory harassment will be referred to the District’s Title IX/Civil Rights Compliance Coordinator. Reports of disability discrimination or harassment will be referred to the District’s Section 504 Coordinator.
District/school staff, including employees, contractors, and agents will not provide a recommendation of employment for an employee, contractor, or agent that the district/school, or the individual acting on behalf of the district/school, knows or has probable cause to believe, has engaged in sexual misconduct with a student or minor in violation of the law.
Notice and Training
The Superintendent or designee will develop procedures to provide age-appropriate information and education to district staff, students, parents and volunteers regarding this policy and the recognition and prevention of sexual harassment. At a minimum sexual harassment recognition and prevention and the elements of this policy will be included in staff, student and regular volunteer orientation. This policy and the procedure, which includes the complaint process, will be posted in each District building in a place available to staff, students, parents, volunteers and visitors. Information about the policy and procedure will be clearly stated and conspicuously posted throughout each school building, provided to each employee and reproduced in each student, staff, volunteer and parent handbook. Such notices will identify the District’s Title IX coordinator and provide contact information, including the coordinator’s email address.
Policy Review
The Superintendent or designee will make an annual report to the Board reviewing the use and efficacy of this policy and related procedures. Recommendations for changes to this policy, if applicable, will be included in the report.
Cross References:
- 3207 - Prohibition of Harassment, Intimidation and Bullying
- 3210 - Nondiscrimination
- 3211 - Transgender Students
- 3241 – Student Discipline
- 5010 - Nondiscrimination and Affirmative Action
- 5011 - Sexual Harassment of District Staff Prohibited
Legal References:
- 20 U.S.C. 1681-1688
- WAC 392-190-058 Sexual harassment
- RCW 28A.640.020 Regulations, guidelines to eliminate discrimination — Scope — Sexual harassment policies 34 C.F.R 106
Classification: Essential
Adoption Date: August 22, 2018
Revised Date: January 12, 2022
Policy 3205- Sexual Harassment of Students Prohibited
Spanish- Policy 3205- Sexual Harassment of Students Prohibited
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Sexual Harassment of Students Prohibited Procedures- 3205P
Sexual Harassment of Students Prohibited Procedures
The procedure is intended to set forth the requirements of Policy 3205, including the process for a prompt, thorough, and equitable investigation of allegations of sexual harassment and the need to take appropriate steps to resolve such situations. If sexual harassment is found to have created a hostile environment, staff must take immediate action to eliminate the harassment, prevent its reoccurrence, and address its effects.
This procedure applies to sexual harassment (including sexual violence) targeted at students carried out by other students, employees or third parties involved in school district activities. Because students can experience the continuing effects of off-campus harassment in the educational setting, the district will consider the effects of off-campus conduct when evaluating whether there is a hostile environment on campus. The district has jurisdiction over these complaints pursuant to Title IX of the Education Amendments of 1972, Chapter 28A.640 RCW and Chapter 392-190 WAC.
Title IX Coordinator, Investigator, and Decision-maker
The district will designate and authorize at least one employee to act as “Title IX Coordinator” to coordinate the district’s state and federal sex discrimination and sexual harassment regulation compliance efforts. The decision-maker who reaches the final determination of responsibility for alleged Title IX sexual harassment will be the Superintendent or designee. The decision-maker cannot be the same person who serves as the Title IX Coordinator or the investigator of the Title IX complaint.
Any individual designated as Title IX Coordinator, an investigator, or decision-maker, and any person who facilitates an informal resolution process must not have a conflict of interest or bias for or against complainants or respondents in general or individually, and must receive training on the definition of sexual harassment under Title IX, the scope of the district’s education program or activity, how to conduct an investigation and grievance process and informal resolution process, and how to serve impartially. The decision-maker must also receive training on any technology to be used during hearings if the district provides for a hearing, on issues of relevance of questions and evidence, and on how to create an investigative report that fairly summarizes relevant evidence.
Any training materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process must not rely on sex stereotypes and must promote impartial investigations and adjudications of complaints. The district will maintain for a period of seven years records of any informal resolution and the result; and all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, and make such materials available on the district’s website or make these materials available upon request for inspection by members of the public.
Notice
- Information about the district’s sexual harassment policy will be easily understandable and conspicuously posted throughout each school building, be reproduced in each student, staff, volunteer and parent handbook.
- In addition to the posting and reproduction of this procedure and Policy 3205, the district will provide annual notice to employees that complaints pursuant to this procedure may be filed at the Resource Service Center at 1601 Avenue D, Snohomish, WA 98290.
Staff Responsibilities
- The district is on notice and required to take action when any employee knows, or in the exercise of reasonable care should know, about possible sexual harassment.
- In the event of an alleged sexual assault, the school principal will immediately inform: 1) the Title IX/Civil Rights Compliance Coordinator so that the district can appropriately respond to the incident consistent with its own grievance procedures; and 2) law enforcement.
- The principal will notify the targeted student(s) and their parents/guardians of their right to file a criminal complaint and a sexual harassment complaint simultaneously.
Confidentiality
- If a complainant requests that his or her name not be revealed to the alleged perpetrator or asks that the district not investigate or seek action against the alleged perpetrator, the request will be forwarded to the Title IX Coordinator (Executive Director of Human Resource Services) for evaluation.
- The Title IX Coordinator should inform the complainant that honoring the request may limit its ability to respond fully to the incident, including pursuing disciplinary action against the alleged perpetrator.
- If the complainant still requests that his or her name not be disclosed to the alleged perpetrator or that the district not investigate or seek action against the alleged perpetrator, the district will need to determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students, staff, and other third parties engaging in district activities, including the person who reported the sexual harassment. Although a complainant’s request to have his or her name withheld may limit the district’s ability to respond fully to an individual allegation of sexual harassment, the district will use other appropriate means available to address the sexual harassment.
Retaliation
Title IX prohibits retaliation against any individual who files a complaint under these laws or participates in a complaint investigation. When an informal or formal complaint of sexual harassment is made, the district will take steps to stop further harassment and prevent any retaliation against the person who made the complaint (“complainant”), was the subject of the harassment, or against those who provided information as a witness. The district will investigate all allegations of retaliation and take actions against those found to have retaliated.
Informal Complaint Process, State Requirements
Anyone may use informal procedures to report and resolve complaints of sexual harassment. Informal reports may be made to any staff member. Staff will notify complainants of their right to file a formal complaint and the process for same. Staff also will direct potential complainants to Title IX Coordinator at Human.Resources@sno.wednet.edu. Additionally, staff will also inform an appropriate supervisor or professional staff member when they receive complaints of sexual harassment, especially when the complaint is beyond their training to resolve or alleges serious misconduct.
During the course of the informal complaint process, the district will take prompt and effective steps reasonably calculated to end any harassment and to correct any discriminatory effects on the complainant. If an investigation is needed to determine what occurred, the district will take interim measures to protect the complainant before the final outcome of the district’s investigation (e.g., allowing the complainant to change academic or extracurricular activities or break times to avoid contact with the alleged perpetrator).
I. Informal Complaint Process
Informal remedies may include:
1. An opportunity for the complainant to explain to the alleged harasser that his or her conduct is unwelcome, offensive or inappropriate, either in writing or face-to-face;
2. A statement from a student to the alleged harasser that the alleged conduct is not appropriate and could lead to action by the district if proven or repeated;
3. A general public statement from an administrator in a building reviewing the District sexual harassment policy without identifying the complainant;
4. Developing a safety plan;
5. Separating students; or
6. Providing staff and/or student training.
Informal complaints may become formal complaints at the request of the complainant, parent/guardian, or because the district believes the complaint needs to be more thoroughly investigated.
The district will inform the complainant and the student’s parent/guardian how to report any subsequent problems. Additionally, the district will conduct follow-up inquiries to see if there have been any new incidents or instances of retaliation and will promptly respond and appropriately address continuing or new problems. Follow-up inquiries will follow a timeline agreed to by the district and complainant.
Formal Complaint Process
The complainant may initiate a formal complaint of sexual harassment, even if the informal complaints process is being utilized. The district will take interim measures to protect the complainant before the final outcome of the district’s investigation. The following process will be followed:
Filing of Complaint
1. All formal complaints will be in writing, and will set forth the specific acts, conditions or circumstances alleged to have occurred and to constitute sexual harassment. The Title IX Coordinator may draft the complaint based on the report of the complainant for the complainant to review and approve. The Superintendent or Title IX Coordinator may also conclude that the district needs to conduct an investigation based on information in his or her possession, regardless of the complainant’s interest in filing a formal complaint.
2. The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint; or 2) Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005.
3. Complaints may be submitted by mail, fax, email or hand-delivery to the district Title IX Coordinator, Executive Director of Human Resource Services at Human.Resouces@sno.wednet.edu or mailed to the Resource Service Center, 1601 Avenue D, Snohomish, WA 98290.
Investigation and Response
1. The Title IX Coordinator will receive and investigate all formal, written complaints of sexual harassment and/or other information in the coordinator’s possession that they believe requires further investigation. The coordinator will delegate his or her authority to participate in this process if such action is necessary to avoid any potential conflicts of interest. Upon receipt of a complaint, the coordinator will provide the complainant a copy of this procedure.
2. Investigations will be carried out in a manner that is adequate in scope, reliable, and impartial. During the investigation process, the complainant and accused party or parties, if the complainant has identified an accused harasser(s), will have an equal opportunity to present witnesses and relevant evidence. Complaints and witnesses may have a trusted adult with them during any district-initiated investigatory activities. The school district and complainant may also agree to resolve the complaint in lieu of an investigation.
Sexual Harassment Complaint under Title IX
The Title IX Coordinator will assess whether a formal complaint of sexual harassment meets the criteria for a Title IX complaint. If so, the district will implement investigation and response procedures under state law, as well as the following additional procedures as required by Title IX regulations.
Under federal law, the term “sexual harassment” means:
- An employee of the district conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
- Conduct that creates a “hostile environment,” meaning unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the education program or activity; or
- “Sexual assault,” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).
Supportive measures under Title IX
Once any district employee knows, or in the exercise of reasonable care should know, about possible sexual harassment, the Title IX Coordinator must contact the complainant and offer to provide the complainant with supportive measures. Supportive measures must be offered to the complainant, before or after the filing of a formal complaint, or where no formal complaint has been filed. Supportive measures also may be provided to the respondent. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent. Supportive measures should be designed to restore or preserve access to the district’s education program or activity without unreasonably burdening the other party. Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
When Additional Title IX Procedures are Required
The district will implement additional Title IX procedures in response to a sexual harassment complaint when the alleged conduct constitutes sexual harassment as defined by Title IX regulations, and:
- The written complaint is filed by the complainant of the alleged sexual harassment, by the complainant’s legal guardian, or by the Title IX Coordinator;
- The complaint requests that the district investigate the allegation(s) of sexual harassment, as defined under Title IX regulations; 3205P Page 6 of 13
- The complaint is against a named respondent who, at the time of the alleged harassment, was under the control of the school district (such as a student, employee, or volunteer);
- The alleged sexually harassing conduct occurred in the United States; and
- The complainant is participating in or attempting to participate in the district’s educational program or activity at the time.
If the formal complaint is determined to meet the criteria for a Title IX complaint, the district must respond promptly in a manner that is not deliberately indifferent. “Deliberately indifferent” means that the district’s response is clearly unreasonable in light of the known circumstances. The district’s investigation and determination regarding responsibility must be completed within 30 calendar days unless the parties agree to a different timeline.
The district will acknowledge receipt of the formal complaint by providing the following written notice to the respondent and complainant: • Notice of the complaint, investigation, and grievance processes;
- Notice of the allegations of sexual harassment with sufficient time for the parties to prepare a response before any initial interview and with sufficient detail. Such sufficient detail includes the identities of the parties involved in the incident if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident if known;
- Notice that the parties may have an advisor of their choice who may be an attorney or non-attorney, and who may inspect and review evidence of the alleged sexual harassment;
- Notice that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility for alleged sexual harassment is made at the conclusion of the grievance process; and
- Notice of any provision in student conduct policies and procedures that prohibits false statements or submitting false information.
Title IX Informal Resolution Process
At any time prior to a determination regarding responsibility for alleged sexual harassment as defined by Title IX regulations, the district may permit a complainant to waive the formal complaint grievance process in favor of an informal resolution process not involving a full investigation and adjudication, provided that the district obtains the parties’ voluntary, written consent, the district does not offer informal resolution of sexual harassment allegations against a respondent who is an employee of the district, and the district provides the parties with written notice disclosing the allegations, the requirements for the informal resolution process, and the circumstances in which the parties would be precluded from continuing with a formal resolution process for the same allegations.
A party has the right to withdraw from the informal resolution process and resume the formal Title IX grievance process at any time prior to agreeing to a resolution. The district may not require the waiver of the right to an investigation and adjudication of formal complaints of sexual harassment under Title IX as a condition of enrollment, employment, or enjoyment of any other right, nor may the district require the parties to participate in an informal resolution process.
Title IX Formal Resolution Process
The district must investigate allegations contained in a formal complaint. If the conduct alleged would not constitute sexual harassment under Title IX regulations even if proved, did not occur in the district’s education program or activity, or did not occur against a person in the United States, then the recipient must dismiss the formal complaint under Title IX. Such dismissal does not preclude action under another provision of district policy or procedure or under sexual harassment investigation procedures as required by state law.
The district’s investigation of a Title IX complaint must:
- Ensure that the district bears the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility for the alleged sexual harassment. The district may not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting or assisting in their professional capacity and made and maintained in connection with the provision of treatment to the party unless the district obtains the party’s voluntary, written consent to do so;
- Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;
- Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
- Provide the parties with the same opportunities to have others present during any grievance proceeding; including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be an attorney or non-attorney. The district will apply any restrictions regarding the extent to which an advisor may participate equally to both parties;
- Provide to a party whose participation is invited or expected written notice of the date, time, location, participants, and purpose of all hearings, interviews, or other meetings, with sufficient time for the parties to prepare to participate;
- Prior to the completion of an investigative report, provide an equal opportunity for the parties to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation. This includes evidence that the district does not intend to rely on in reaching a determination of responsibility for the alleged sexual harassment, regardless of the source of the evidence. The parties will have at least ten (10) days to submit a written response for the investigator to consider prior to completion of the investigative report;
- At least ten (10) days prior to a determination regarding responsibility, create an investigative report that fairly summarizes relevant evidence, and send the investigative report in an electronic or hard copy format to each party and each party’s advisor for their review and written response; and
- After transmitting the investigative report to the parties, but before reaching a final determination regarding responsibility, the decision maker must give each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant unless they are offered to prove that someone other than the respondent committed the conduct alleged by the complainant or unless they concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decisionmaker must explain to the party proposing the questions any decision to exclude a question as not relevant.
The district’s Title IX investigative and grievance process is not required to include investigative hearings.
At the conclusion of the investigation, the decision-maker (Superintendent or designee) must issue a written determination of responsibility regarding the alleged sexual harassment. The district may choose whether the decision-maker will apply a preponderance of the evidence standard or a clear and convincing evidence standard in Title IX investigations, provided that the same standard will apply to all investigations whether the respondent is a student or an employee.
The Superintendent’s or designee’s written determination must be issued to the parties simultaneously and must include the following: • Identification of the allegations potentially constituting sexual harassment under Title IX regulations;
- A description of the procedural steps taken from the time of the district’s receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
- Findings supporting the determination;
- Conclusions regarding the application of the district’s code of conduct policies to the facts;
- A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions imposed on the respondent, and whether remedies designed to restore or preserve equal access to the education program or activity will be provided to the complainant; and
- The procedures and bases for appealing the Superintendent’s or designee’s determination.
Title IX Investigation Appeals
The district must offer both parties an appeal from the Superintendent’s determination regarding responsibility or from the district’s dismissal of any allegations contained in a formal complaint, in addition to the complainant’s right to appeal under state requirements and the respondent’s potential appeal rights under student discipline provisions of district policy and state law.
A party may appeal the determination regarding responsibility on the following bases:
- Procedural irregularity affecting the outcome of the matter;
- New evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter;
- The Title IX coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or individually that affected the outcome of the matter; or
- Additional bases as determined by the district.
Regarding appeal, the district must:
- Provide written notice to the other party when an appeal is filed;
- Implement appeal procedures equally for both parties;
- Ensure that the decision-maker for the appeal is not the same decision-maker who reached the determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator;
- Ensure that the decision-maker for the appeal has received the training required for decision-makers as required by this procedure;
- Provide both parties with a reasonable, equal opportunity to submit a written statement in support of or challenging the outcome of the initial determination; and
- Issue a written decision describing the result of the appeal and the rationale for the result.
Appeal to Board of Directors, State Requirements
Notice of Appeal and Hearing
- If a complainant disagrees with the Superintendent’s or designee’s written decision, the complainant may appeal the decision to the district board of directors, by filing a written notice of appeal with the Secretary of the Board within ten (10) calendar days following the date upon which the complainant received the response;
- Unless otherwise agreed to by the complainant, the Board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision;
- The decision will be provided in a language that the complainant can understand, which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act; and
- The decision will include notice of the complainant’s right to appeal to the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the office of the Office of the Superintendent of Public Instruction.
Complaint to the Superintendent of Public Instruction (OSPI)
Filing of Complaint, State Requirements
- If a complainant disagrees with the decision of the Board of Directors, or if the district fails to comply with this procedure, the complainant may file a complaint with the Superintendent of Public Instruction;
- A complaint must be received by the Superintendent of Public Instruction on or before the twentieth (20) calendar day following the date upon which the complainant received written notice of the Board of Directors’ decision, unless the Superintendent of Public Instruction grants an extension for good cause. Complaints may be submitted by mail, fax, electronic mail, or hand delivery;
- A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-sexual harassment laws; 2) The name and contact information, including address, of the complainant; 3) The name and address of the district subject to the complaint; 4) A copy of the district’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information, and the school the student attends.
Investigation, Determination and Corrective Action, State Requirements
- Upon receipt of a complaint, the Office of the Superintendent of Public Instruction (OSPI) may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the Superintendent or Board;
- Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed;
- All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension. If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance; and
- A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint. OSPI may provide technical assistance and dispute resolution methods to resolve a complaint.
Administrative Hearing, State Requirement
A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW.
Other Complaint Options
Office for Civil Rights (OCR), U.S. Department of Education OCR enforces several federal civil rights laws, which prohibit discrimination in public schools on the basis of race, color, national origin, sex, disability, and age. File complaints with OCR within 180 calendar days of the date of the alleged discrimination. 206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ www.ed.gov/ocr
Washington State Human Rights Commission (WSHRC) WSHRC enforces the Washington Law Against Discrimination (RCW 49.60), which prohibits discrimination in employment and in places of public accommodation, including schools. File complaints with WSHRC within six months of the date of the alleged discrimination. 1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ www.hum.wa.gov
Mediation
At any time during the complaint procedure set forth in WAC 392-190-065 through 392-190-075, a district may, at its own expense, offer mediation. The complainant and the district may agree to extend the complaint process deadlines in order to pursue mediation.
The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator.
Mediation must be voluntary and requires the mutual agreement of both parties. It may be terminated by either party at any time during the mediation process. It may not be used to deny or delay a complainant’s right to utilize the complaint procedures. Mediation must be conducted by a qualified and impartial mediator who may not: 1) Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or 2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district or charter school or other public or private agency solely because he or she serves as a mediator.
If the parties reach agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the course of mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding. The agreement must be signed by the complainant and a district representative who has authority to bind the district.
IX. Training and Orientation
A fixed component of all District orientation sessions for staff, students and regular volunteers will introduce the elements of this policy. Staff will be provided information on recognizing and preventing sexual harassment.
Staff will be fully informed of the formal and informal complaint processes and their roles and responsibilities under the policy and procedure. Certificated staff will be reminded of their legal responsibility to report suspected child abuse, and how that responsibility may be implicated by some allegations of sexual harassment. Regular volunteers will get the portions of this component of orientation relevant to their rights and responsibilities.
Students will be provided with age-appropriate information on the recognition and prevention of sexual harassment and their rights and responsibilities under this and other district policies and rules at student orientation sessions and on other appropriate occasions, which may include parents/guardians.
As part of the information on the recognition and prevention of sexual harassment, staff, volunteers, students and parents will be informed that examples of “sexual harassment” may include, but is not limited to:
- Demands for sexual favors in exchange for preferential treatment or something of value;
- Stating or implying that a person will lose something if he or she does not submit to a sexual request;
- Penalizing a person for refusing to submit to a sexual advance, or providing a benefit to someone who does;
- Making unwelcome, offensive or inappropriate sexually suggestive remarks, comments, gestures, or jokes; or remarks of a sexual nature about a person’s appearance, gender or conduct;
- Using derogatory sexual terms for a person;
- Standing too close, inappropriately touching, cornering or stalking a person; or
- Displaying offensive or inappropriate sexual illustrations on school property.
Adoption Date: August 22, 2018
Revised Date: October 21, 2019, January 12, 2022
Procedure 3250P- Sexual Harassment of Students Prohibited Procedures
Spanish- Procedure 3205P- Sexual Harassment Students Procedures
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Prohibition of Harassment, Intimidation and Bullying- 3207
The District is committed to a safe and civil educational environment for all students, employees, parents/legal guardians, volunteers and community members that is free from harassment, intimidation or bullying. “Harassment, intimidation or bullying” means any intentional electronic, written, verbal, or physical act, including but not limited to, one shown to be motivated by any characteristic in RCW 28A.640.010 and 28A.542.010 (race, color, creed, religion, ancestry, national origin, honorably discharged veteran or military status, sex, gender, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by the person with the disability)or other distinguishing characteristics, when the act:
1. Physically harms a student or damages the student’s property; or
2. Has the effect of substantially interfering with a student’s education; or
3. Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or
4. Has the effect of substantially disrupting the orderly operation of the school.
Nothing in this section requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation, or bullying.
“Other distinguishing characteristics” can include but are not limited to physical appearance, clothing or other apparel, socioeconomic status and weight.
“Intentional acts” refers to the individual’s choice to engage in the act rather than the ultimate impact of the action(s).
Behaviors/Expressions
Harassment, intimidation or bullying can take many forms including, but not limited to, slurs, rumors, jokes, innuendos, demeaning comments, drawings, cartoons, pranks, gestures, physical attacks, threats, or other written, oral, physical or electronically transmitted messages or images.
This policy is not intended to prohibit expression of religious, philosophical, or political views, provided that the expression does not substantially disrupt the educational environment. Many behaviors that do not rise to the level of harassment, intimidation or bullying may still be prohibited by other district policies or building, classroom, or program rules.
Training
This policy is a component of the district’s responsibility to create and maintain a safe, civil, respectful and inclusive learning community and will be implemented in conjunction with comprehensive training of staff and volunteers.
Any school employee, student, or volunteer who has witnessed, or has reliable information that a student has been subjected to, harassment, intimidation, or bullying, whether electronically, written, verbal or physical, should report such incident to an appropriate school official.
Prevention
The district will provide students with strategies aimed at preventing harassment, intimidation and bullying. In its efforts to train students, the district will seek partnerships with families, law enforcement and other community agencies.
Interventions
Interventions are designed to remediate the impact on the targeted student(s) and others impacted by the violation, to change the behavior of the perpetrator, and to restore a positive school climate. The district will consider the frequency of incidents, developmental age of the student, and severity of the conduct in determining intervention strategies. Interventions will range from counseling, correcting behavior and discipline, to law enforcement referrals.
Students with Individualized Education Plans or Section 504
Plans If a student with an Individual Education Program (IEP) or Section 504 Plan has been the target of harassment, intimidation or bullying, the school will convene the student’s IEP or Section 504 team to determine whether the incident had an impact on the student’s ability to receive a Free, Appropriate Public Education (FAPE). The meeting should occur regardless of whether the harassment, intimidation or bullying incident was based on the student’s disability. During the meeting, the team will evaluate issues such as the student’s academic performance, behavioral issues, attendance, and participation in extracurricular activities. If a determination is made that the student is not receiving a FAPE as a result of the harassment, intimidation or bullying incident, the district will provide additional services and supports as deemed necessary, such as counseling, monitoring and/or reevaluation or revision of the student’s IEP or Section 504 plan, to ensure the student receives a FAPE.
Retaliation/False Allegations
Retaliation is prohibited and will result in appropriate discipline. It is a violation of this policy to threaten or harm someone for reporting harassment, intimidation, or bullying.
It is also a violation of district policy to knowingly report false allegations of harassment, intimidation, and bullying. Students or employees will not be disciplined for making a report in good faith. However, persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.
Compliance Officer
The Superintendent will appoint a compliance officer as the primary district contact to receive copies of all formal and informal complaints and ensure policy implementation. The name and contact information for the compliance officer will be communicated throughout the district.
The Superintendent is authorized to direct the implementation of procedures addressing the elements of this policy.
Cross References:
- Policy 2161 Special Education and Related Services for Eligible Students
- Policy 3201 Rights, Responsibilities & Authority of Teachers and Principal
- Policy 3205 Sexual Harassment of Students Prohibited
- Policy 3210 Nondiscrimination
- Policy 3211 Transgender Students
- Policy 3240 Rights and Responsibilities of Students
- Policy 3241 Student Discipline
Legal References:
- Chapter 194, Laws of 2019
- RCW 28A.600 Prohibition of Harassment, Intimidation, or Bullying
- RCW 28A.600.480 Reporting of harassment, intimidation, or bullying – Retaliation prohibited – Immunity
- RCW 28A.640 Sexual Equality
- RCW 28A.642 Discrimination Prohibition
- RCW 49.60 Discrimination – Human Rights Commission
- WAC 392-190 Equal Educational Opportunity- Unlawful Discrimination Prohibited
- WAC 392-190-059 Harassment, intimidation and bullying prevention policy and procedure – School districts
Classification: Essential
Adoption Date: June 25, 2003
Revision Dates: October 13, 2010, August 10, 2011, August 28, 2019
Policy 3207- Prohibition of Harassment, Intimidation and Bullying
Spanish- Policy 3207- Prohibition of Harassment, Intimidation and Bullying
Russian- Policy 3207- Prohibition of Harassment, Intimidation and Bullying
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Prohibition of Harassment, Intimidation and Bullying Procedures- 3207P
Prohibition of Harassment, Intimidation and Bullying Procedures
A. Introduction
The Snohomish School District strives to provide students with optimal conditions for learning by maintaining a school environment where everyone is treated with respect and no one is physically or emotionally harmed.
In order to ensure respect and prevent harm, it is a violation of district policy for a student to be harassed, intimidated, or bullied by others in the school community, at school sponsored events, or when such actions create a substantial disruption to the educational process. The school community includes all students, school employees, school board members, contractors, unpaid volunteers, families, patrons, and other visitors. Student(s) will not be harassed because of their race, color, creed, religion, ancestry, national origin, honorably discharged veteran or military status, sex, gender, sexual orientation, including gender expression or identity, the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal by the person with the disability or service animal by the person with the disability, or other distinguishing characteristics.
Any school staff who observes, overhears, or otherwise witnesses harassment, intimidation or bullying or to whom such actions have been reported must take prompt and appropriate action to stop the harassment and to prevent its re-occurrence.
B. Definitions
Aggressor means a student, staff member, or other member of the school community who engages in the harassment, intimidation or bullying of a student.
Harassment, intimidation or bullying means an intentional electronic, written, verbal, or physical act that:
1. Physically harms a student or damages the student’s property; or
2. Has the effect of substantially interfering with a student’s education; or
3. Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or
4. Has the effect of substantially disrupting the orderly operation of the school.Conduct that is “substantially interfering with a student’s education” will be determined by considering a targeted student’s grades, attendance, demeanor, interaction with peers, participation in activities, and other indicators.
Conduct that may rise to the level of harassment, intimidation and bullying may take many forms, including, but not limited to: slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, ostracism, physical attacks or threats, gestures, or acts relating to an individual or group whether electronic, written, oral, or physically transmitted messages or images. There is no requirement that the targeted student actually possess the characteristic that is the basis for the harassment, intimidation or bullying.
Incident Reporting Forms may be used by students, families, or staff to report incidents of harassment, intimidation or bullying (3207F1).
- Retaliation occurs an aggressor harasses, intimidates, or bullies a student who has reported incidents of bullying.
- Staff includes, but is not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, classified staff, substitute and temporary teachers, volunteers, or paraprofessionals (both employees and contractors).
- Targeted Student means a student against whom harassment, intimidation or bullying has allegedly been perpetrated.
C. Relationship to Other Laws
This procedure applies only to the prohibition of harassment, intimidation and bullying required by RCW Chapter 28A.600. There are other laws and procedures to address related issues such as sexual harassment or discrimination.
At least four Washington laws may apply to harassment or discrimination:
1. RCW 28A.300.285 – Harassment, Intimidation and Bullying
2. RCW 28A.640.020 – Sexual Harassment
3. RCW 28A.642 – Prohibition of Discrimination in Public Schools
4. RCW 49.60 – The Law Against DiscriminationThe district will ensure its compliance with all state laws regarding harassment, intimidation or bullying. Nothing in this procedure prevents a student, parent/guardian, school or district from taking action to remediate harassment or discrimination based on a person’s gender or membership in a legally protected class under local, state, or federal law.
D. Prevention
1. Dissemination – Posted in each school and on the district’s website is information on reporting harassment, intimidation and bullying; the name and contact information for making a report to a school administrator; and the name and contact information for the district compliance officer. The district’s policy and procedure will be available in each school and in the student handbook. The district will provide language assistance for students and parents/guardians with limited English proficiency under Title VI of the Civil Right Act of 1964, if necessary. Form 3207F1 Incident Reporting Form will also be available on the district’s website. The posted information will be reviewed annually.
2. Education – Annually students will receive age-appropriate information on the recognition and prevention and reporting of harassment, intimidation or bullying at student orientation sessions and on other appropriate occasions.
3. Training – Staff will receive annual training on the school district’s policy and procedure, including staff roles and responsibilities, how to monitor common areas and the use of the district’s Incident Reporting Form (3207F1).
4. Prevention Strategies - The district will implement a range of prevention strategies including individual, classroom, school and district-level approaches.
Whenever possible, the district will implement evidence-based prevention programs that are designed to increase social competency, improve school climate, and eliminate harassment, intimidation and bullying in schools.
E. Compliance Officer
The district compliance officer will:
1. Serve as the primary contact between the district, the Office of the Education Ombuds, and the Office of the Superintendent of Public Instruction (OSPI) regarding the district’s policy and procedure prohibiting harassment, intimidation and bullying.
2. Provide support and assistance to the principal or designee in resolving complaints;
3. Receive copies of all formal and informal complaints relating to harassment, intimidation and bullying. Incident Reporting Forms, discipline referral forms, and letters to parents providing the outcomes of investigations.
4. Communicate with the district employees responsible for monitoring district compliance with RCW 28A.642 prohibiting discrimination, and the primary contact regarding the district’s policy and procedure related to transgender students. If a written report of harassment intimidation or bullying indicates a potential violation of the district’s nondiscrimination policy (Policy 3210), the compliance officer must promptly notify the district’s civil rights compliance coordinator;
5. Be familiar with the use of the student information system. The compliance officer may use this information to identify patterns of behavior and areas of concern;
6. Ensure implementation of Policy 3207 and Procedure 3207P by overseeing the investigative processes, including ensuring that investigations are prompt, impartial, and thorough;
7. Assess the training needs of staff and students to ensure successful implementation throughout the district, and ensure staff receive annual fall training;
8. Provide the OSPI School Safety Center with notification of policy or procedure updates or changes on an annual basis by August 15th; and
9. In cases where, despite school efforts, a targeted student experiences harassment, intimidation or bullying that threatens the student’s health and safety, the compliance officer will facilitate a meeting between district staff and the child’s parents/guardians to develop a safety plan to protect the student.
F. Staff Intervention
All staff members will intervene when witnessing or receiving reports of harassment, intimidation or bullying. Minor incidents that staff are able to resolve immediately, or incidents that do not meet the definition of harassment, intimidation or bullying, may require no further action under this procedure.
G. Filing an Incident Reporting Form
Any student who believes they have been the target of unresolved, severe, or persistent harassment, intimidation or bullying, or any other person in the school community who observes or receives notice that a student has or may have been the target of unresolved, severe, or persistent harassment, intimidation or bullying may report incidents verbally or in writing to any staff member.
If the allegations in a written report of harassment intimidation or bullying indicate a potential violation of the district’s nondiscrimination policy (Policy 3210) the HIB compliance officer must promptly notify the district’s civil rights compliance coordinator. Alternatively, during the course of an investigation of harassment, intimidation or bullying, the district becomes aware of a potential violation of the district’s nondiscrimination policy (Policy 3210), the district employee investigating the report must promptly notify the district’s civil rights compliance coordinator.
Upon receipt of this information, the district’s civil right compliance coordinator must notify the complainant that their complaint will proceed under the discrimination complaint procedure in district Procedure 3210P and WAC 392-190-065 through WAC 392- 190-075, in addition to the procedures in 3207P. In these cases, the investigation and response timeline set forth in WAC 392-190-065 begins when the district knows or should have known that a written report of harassment, intimidation or bullying involves allegations that the district has violated its nondiscrimination policy.
H. Addressing Bullying – Report
Step 1: Filing an Incident Reporting Form: In order to protect a targeted student from retaliation, a student need not reveal his identity on an Incident Reporting Form (3207F1). The form may be filed anonymously, confidentially, or the student may choose to disclose his or her identity (non-confidential).
Status of Reporter
i. Anonymous – Individuals may file a report without revealing their identity. No disciplinary action will be taken against an alleged aggressor based solely on an anonymous report. Schools may identify complaint boxes or develop other methods for receiving anonymous, unsigned reports. Possible responses to an anonymous report include enhanced monitoring of specific locations at certain times of day or increased monitoring of specific students or staff.
ii. Confidential – Individuals may ask that their identities be kept secret from the accused and other students. Like anonymous reports, no disciplinary action will be taken against an alleged aggressor based solely on a confidential report.
iii. Non-confidential – Individuals may agree to file a report non-confidentially. Complainants agreeing to make their complaint non-confidential will be informed that due process requirements may require that the district release all of the information that it has regarding the complaint to any individuals involved in the incident, but that even then, information will still be restricted to those with a need to know, both during and after the investigation. The district will, however, fully implement the anti-retaliation provision of this policy and procedure to protect complainants and witnesses.
Step 2: Receiving an Incident Reporting Form
All staff are responsible for receiving oral and written reports. Any staff who receives an informal or formal complaint relating to harassment, intimidation, or bullying must provide a copy of the complaint to their principal or designee who then must submit the complaint to the HIB compliance officer. Whenever possible staff who initially receive an oral or written report of harassment, intimidation or bulling will attempt to resolve the incident immediately. If the incident is resolved to the satisfaction of the parties involved, or if the incident does not meet the definition of harassment, intimidation or bullying, no further action may be necessary under this procedure.
All reports of unresolved, severe, or persistent harassment, intimidation or bullying will be recorded on a district Incident Reporting Form (3207F1) and submitted to the principal or designee, unless the principal or designee is the subject of the complaint.
Step 3: Investigations of Unresolved, Severe, or Persistent Harassment, Intimidation and Bullying All reports of unresolved, severe, or persistent harassment, intimidation or bullying will be investigated with reasonable promptness. Any student may have a trusted adult with them throughout the report and investigation process.
1. Upon receipt of the Incident Reporting Form (3207F1) that alleges unresolved, severe, or persistent harassment, intimidation or bullying, the school or district designee will begin the investigation. If there is potential for clear and immediate physical harm to the complainant, the district will immediately contact law enforcement and inform the parent/guardian.
2. During the course of the investigation, the district will take reasonable measures to ensure that no further incidents of harassment, intimidation or bullying occur between the complainant and the alleged aggressor. If necessary, the district will implement a safety plan for the student(s) involved. The plan may include changing seating arrangements for the complainant and/or the alleged aggressor in the classroom, at lunch, or on the bus; identifying a staff member who will act as a safe person for the complainant; altering the alleged aggressor’s schedule and access to the complainant, and other measures.
3. Within two (2) school days after receiving the Incident Reporting Form, the school principal or designee will notify the families of the students involved that a complaint was received and direct the families to the district’s policy and procedure on harassment, intimidation and bullying.
4. In rare cases, where after consultation with the student and appropriate staff (such as a psychologist, counselor, or social worker) the district has evidence that it would threaten the health and safety of the complainant or the alleged aggressor to involve the student’s parent/guardian, the district may initially refrain from contacting the parent/guardian in its investigation of harassment, intimidation and bullying. If professional school personnel suspect that a student is subject to abuse and neglect, they must follow district policy for reporting suspected cases to Child Protective Services.
5. The investigation will include, at a minimum:
i. An interview with the complainant;
ii. An interview with the alleged aggressor;
iii. A review of any previous complaints involving either the complainant or the alleged aggressor; and iv. Interviews with other students or staff members who may have knowledge of the alleged incident.
6. The principal or designee may determine that other steps must be taken before the investigation is complete.
7. The investigation will be completed as soon as practicable but generally no later than five (5) school days from the initial complaint or report. If more time is needed complete an investigation, the district will provide the parent/guardian and/or the student with weekly updates.
8. No later than two (2) school days after the investigation has been completed and submitted to the compliance officer, the principal or designee will respond in writing or in person to the parent/guardian of the complainant and the alleged aggressor, stating:
i. The results of the investigation;
ii. Whether the allegations were found to be factual;
iii. Whether there was a violation of policy; and
iv. The process for the complainant to file an appeal if the complainant disagrees with results.
Because of the legal requirement regarding the confidentiality of student records, the principal or designee may not be able to report specific information to the targeted student’s parent/guardian about any disciplinary action taken unless it involves a directive that the targeted student must be aware of in order to report violations.
If a district chooses to contact the parent/guardian by letter, the letter will be mailed to the parent/guardian of the complainant and alleged aggressor by United States Postal Service with return receipt requested unless it is determined, after consultation with the student and appropriate staff (psychologist, counselor, social worker) that it could endanger the complainant or the alleged aggressor to involve his or her family. If professional school personnel suspect that a student is subject to abuse or neglect, as mandatory reporters they must follow district policy for reporting suspected cases to Child Protective Services.
If the incident cannot be resolved at the school level, the principal or designee will request assistance from the district.
Step 4:Corrective Measures for the Aggressor
After completion of the investigation, the principal or designee will institute any corrective measures necessary. Corrective measures will be instituted as quickly as possible, but in no event more than five (5) school days after contact has been made to the families or guardians regarding the outcome of the investigation. Corrective measures that involve student discipline will be implemented according to Policy 3241 Student Discipline. If the accused is appealing the imposition of discipline, the district may be prevented by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded.
If in an investigation a principal or designee found that a student knowingly made a false allegation of harassment, intimidation or bullying, that student may be subject to corrective measures including discipline.
Step 5: Targeted Student’s Right to Appeal
1. If the complainant or parent/guardian is dissatisfied with the results of the investigation, they may appeal to the Superintendent or designee by filing a written notice of appeal within five (5) school days of receiving the written decision. The Superintendent or designee will review the investigative report and issue a written decision on the merits of the appeal within five (5) school days of receiving the notice of appeal.
2. If the targeted student remains dissatisfied after the initial appeal to the Superintendent, the student may appeal to the School Board by filing a written notice of appeal with the secretary of the School Board on or before the fifth (5TH) school day following the date upon which the complainant received the Superintendent’s written decision.
3. An appeal before the School Board must be heard on or before the tenth (10TH) school day following the filing of the written notice of appeal to the School Board. The School Board will review the record and render a written decision on the merits of the appeal on or before the fifth (5th) school day following the termination of the hearing, and will provide a copy of the decision letter to all parties involved. The Board’s decision will be the final district decision.
Step 6: Discipline/Corrective Action
The district will take prompt and equitable corrective measures within its authority on findings of harassment, intimidation or bullying. Depending on the severity of the conduct, corrective measures may include counseling, education, discipline, and/or referral to law enforcement.
Corrective measures for a student who commits an act of harassment, intimidation or bullying will be varied and graded according to the nature of the behavior, the developmental age of the student, or the student’s history of problem behaviors and performance. Corrective measures that involve student discipline will be implemented according to district Policy 3241 - Student Discipline.
If the conduct was of a public nature or involved groups of students or bystanders, the district should strongly consider schoolwide training or other activities to address the incident.
If staff have been found to be in violation of this policy and procedure, the district may impose employment disciplinary action, up to and including termination. If a certificated educator is found to have committed a violation of WAC 181-87, commonly called the Code of Conduct for Professional Educator's, OSPI's Office of Professional Practices may propose disciplinary action on a certificate, up to and including revocation. Contractor violations of this policy may include the loss of contracts.
Step 7: Support for the Targeted Student Persons found to have been subjected to harassment, intimidation or bullying will have appropriate district support services made available to them, and the adverse impact of the harassment on the student will be addressed and remedied as appropriate.
I. Retaliation
No school employee, student, or volunteer may engage in reprisal or retaliation against a targeted student, witness, or other person who brings forward information about an alleged act of harassment, intimidation or bullying. Retaliation is prohibited and will result in appropriate discipline.
J. Other Resources
Students and families should use the district’s complaint and appeal procedures as a first response to allegations of harassment, intimidation and bullying. However, nothing in this procedure prevents a student, parent/guardian, school, or district from taking action to remediate discrimination or harassment based on a person’s membership in a legally protected class under local, state or federal law. A harassment, intimidation or bullying complaint may also be reported to the following state or federal agencies:
a. OSPI Equity and Civil Rights Office
b. Washington State Human Rights Commission
c. Office for Civil Rights, U.S. Department of Education, Region IX
d. Department of Justice Community Relations Service
e. Office of the Education Ombudsman
f. OSPI Safety Center
K. Other District Policies and Procedures
Nothing in this policy or procedure is intended to prohibit discipline or remedial action for inappropriate behaviors that do not rise to the level of harassment, intimidation or bullying as defined in this policy but which are, or may be, prohibited by other district or school rules.
Adoption Date: August 10, 2011
Revised: August 28, 2019
Procedure 3207P- Prohibitionof Harassment, Intimidation and Bullying Procedures
Spanish- Procedure 3207P- Prohibition of Harassment, Intimidation and Bullying Procedures
Russian- Procedure 3207P- Prohibition of harassment, Intimidation and Bullying Procedures
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Harassment, Intimidation, or Bullying Report Forms- 3207F1
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Nondiscrimination (Students) - 3210
The District will provide equal educational opportunity and treatment for all students in all aspects of the academic and activities program without discrimination based on sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal by a person with a disability. The District will provide equal access to school facilities by the Boy Scouts of America and other designated youth groups listed in Title 36 of the United States Code as a patriotic society. District programs will be free from sexual harassment.
Conduct against any student that is based on one of the categories listed above that is sufficiently severe, persistent or pervasive as to limit or deny the student’s ability to participate in or benefit from the District’s course offerings, educational programming or any activity will be considered discriminatory harassment and will not be tolerated. When a District employee knows, or reasonably should know, that discrimination or discriminatory harassment is occurring or has occurred, the employee is expected to report such information to a District official to facilitate. The District will take prompt and effective steps reasonably calculated to end the discrimination or discriminatory harassment, prevent its recurrence and remedy its effects.
The District’s nondiscrimination statement will be included in notices and other publications made available to students and parents.
The Superintendent will designate a staff member to serve as compliance officer for this policy. The compliance officer will be responsible for investigating any discrimination complaints communicated to the District.
The District will provide training to administrators and certificated and classroom personnel regarding their responsibilities under this policy and to raise awareness of and eliminate discrimination based on the protected classes identified in this policy.
Cross References:
- Policy 2020 Adoption Course Design, Selection and Adoption of Instructional Materials
- Policy 2140 Guidance and Counseling
- Policy 2150 Co-Curricular Program
- Policy 2030 Service Animals in School Buildings
- Policy 2151 Interscholastic Activities
- Policy 3211 Transgender Students
- Policy 4217 Effective Communication
- Policy 4260 Use of School Facilities
Legal References:
- RCW 28A.640 Sexual equality
- RCW 28A.642 Discrimination prohibition
- RCW 49.60 Discrimination – Human rights commission
- WAC 392-190 Training - Staff responsibilities – Bias awareness
- WAC 392-400-215 Student rights
- Section 504 of the Rehabilitation Act of 1973
- Title IX of the Civil Rights Act of 1964
- Title IX of the Education Amendments of 1974
- 20 U.S.C 7905 Boy Scouts of America Equal Access Act
- U.S.C Title 36
- Title II of the Americans with Disabilities Act
Classification: Essential
Adoption Date: June 24, 1992
Revision Dates: January 26, 1994, March 25, 1998, January 29, 2014, August 22, 2018
Policy 3210- Nondiscrimination (Students)
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Nondiscrimination (Students) Procedures- 3210P
Any student or parent may file a complaint via this procedure alleging violation of District Policy 3210 or applicable anti-discrimination laws concerning student(s). This complaint procedure is designed to assure that the resolution of real or alleged violations are directed towards a just solution that is satisfactory to the complainant, the administration and the Board of Directors. This grievance procedure will apply to the general conditions of nondiscrimination policy (No. 3210), applicable laws prohibiting discrimination, and more particularly to policies dealing with guidance and counseling (No. 2140), co-curricular program (No. 2150), service animals in schools (No. 2030) and instructional materials (No. 2020).
As used in this procedure, "Grievance" means a complaint which has been filed by a complainant relating to alleged violations of any state or federal anti-discrimination laws.
A “complaint” means a written charge alleging specific acts, conditions or circumstances, which are in violation of the anti-discrimination laws. The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the District that it had resolved the problem forming the basis of the compliant; or 2) Withholding of information that the District was required to provide under WAC 392-190-065 or WAC 392-190-005. Complaints may be submitted by mail, fax, e-mail or hand delivery to any District administrator, school staff member or to the District compliance officer responsible for investigating discrimination complaints. Any District employee who receives a complaint that meets these criteria will promptly notify the compliance officer.
A respondent means the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.
The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint. To this end, specific steps will be taken. The District is prohibited by law from intimidating, threatening, coercing or discriminating against any individual for the purpose of interfering with their right to file a grievance under this policy and procedure and from retaliating against an individual for filing such a grievance.
A. Informal Review Procedures
Anyone with an allegation of discrimination may request an informal meeting with the compliance officer or designated employee to resolve their concerns. Such a meeting will be at the option of the complainant. If unable to resolve this issue at this meeting, the complainant may submit a written complaint to the compliance officer (using form 3210F1). During the course of the informal process, the District must notify the complainant of their right to file a formal complaint.
B. Level One – Formal Review
The complaint must set forth the specific acts, conditions or circumstances alleged to be in violation. Upon receipt of the complaint, the compliance office will provide the complainant a copy of this procedure. The compliance officer will investigate the allegations within thirty (30) calendar days of receiving the complaint.
The District and complainant may agree to resolve the complaint in lieu of an investigation. The compliance officer will provide the Superintendent with a full written report of the complaint and the results of the investigation. The Superintendent or designee will respond to the complainant with a written decision as expeditiously as possible, but in no event later than thirty (30) calendar days following receipt of the written complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the District will notify the complainant in writing of the reason for the extension and the anticipated response date at the time the District responds to the complainant.
The District must send a copy of the response to the Office of the Superintendent of Public Instruction (OSPI). The decision of the Superintendent or designee will include:
1. A summary of the results of the investigation;
2. Whether the District or a third person has failed to comply with anti-discrimination laws;
3. If non-compliance is found, corrective measures the District deems necessary to correct it; and
4. Notice of the complainant’s right to appeal to the School Board and the necessary filing information.
The Superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964.
Any corrective measures deemed necessary will be instituted as expeditiously as possible, but in no event later than thirty (30) calendar days following the Superintendent's mailing of a written response to the complaining party unless otherwise agreed to by the complainant.
Level Two – Appeal to the Board of Directors
If a complainant disagrees with the Superintendent’s or designee’s written decision the complainant may appeal the decision to the Board of Directors by filing a written notice of appeal with the secretary of the Board by the tenth (10) calendar day following the date upon which the complainant received the response.
The Board will schedule a hearing to commence by the twentieth (20) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant and the Superintendent for good cause. Both parties will be allowed to present such witnesses and other information as the Board deems relevant and material. Unless otherwise agreed to by the complainant, the Board will render a written decision within thirty (30) calendar days following the filing of the notice of the appeal and will provide the complainant with a copy of the decision. The decision of the Board will be provided in a language the complainant can understand, which may require language assistance form complaints with limited English proficiency in accordance with Title VI of the Civil Rights Act. The decision will include notice of the complainant’s right to appeal to the Office of the Superintendent of Public Instruction (OSPI) and will identify where and to whom the appeal must be filed. The District will send a copy of the appeal decision to the Office of the Superintendent of Public Instruction.
Level Three – Appeal to the Office of the Superintendent of Public Instruction
If a complainant disagrees with the decision of the Board of Directors, or if the District fails to comply with this procedure, the complainant may file a complaint with the Superintendent of Public Instruction.
A. A complaint must be received by the Office of the Superintendent of Public Instruction on or before the twentieth (20) day following the date upon which the complainant received written notice of the Board’s decision, Unless the Superintendent of Public Instruction grants an extension for good cause. Complaints may be submitted by mail, fax, electronic mail, or hand delivery.
B. A complaint must be in writing and include information required by OSPI.
C. Preservation of Records
The files containing copies of all records collected, including correspondence relative to each complaint communicated to the District and the disposition, including any corrective measures instituted by the District, will be retained in the office of the District Title IX compliance officer for a period of six (6) years.
Revision Dates: June 24, 1992, March 25, 1998, February 12, 2014, August 22, 2018
Procedure 3210P- Nondiscrimination (Students) Procedures
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Title IX Discrimination Inquiry Form for Students- 3210F1
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Pregnant and Parenting Students- 3211
A pregnant and/or parenting student shall not be excluded from attendance in the regular school program solely on the grounds of either status. The district shall develop and make available at the student's option alternative educational programs designed to benefit a pregnant or parenting student's scholastic needs.
A pregnant student may be required to produce a physician's statement as to the condition of her health relative to her continued participation in the regular school program. If the statement indicates that the pregnant student's health and physical well-being mandates her withdrawal from regular school attendance, the district shall require a suitable alternative educational program.
Adoption Date: June 24, 1992
Revision Date: January 8, 2014
Policy 3211- Pregnant and Parenting Students
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Married Students- 3212
Married students shall have the same rights and responsibilities as unmarried students. This includes the right to participate in any extracurricular activities on the same basis and subject to the same requirements as unmarried students.
Adoption Date: June 24, 1992
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Transgender Students- 3213
The Board believes in fostering an educational environment that is safe and free of discrimination for all students, regardless of sex, sexual orientation, gender identity or gender expression. To that end, the Board recognizes the importance of a non-discriminatory approach toward transgender students with regard to official records, confidential health and education information, communication, restroom and locker room accessibility, sports and physical education, dress codes and other school activities, in order to provide all students with an equal opportunity for learning and achievement. This policy and its procedure will support that effort by facilitating district compliance with local, state and federal laws concerning student safety, privacy, harassment, intimidation, bullying and discrimination.
Cross References:
- Policy 3210 Nondiscrimination
- Policy 3207 Prohibition of Harassment, Intimidation and Bullying
- Policy 3600 Student Records
Legal References:
- RCW Chapter 28A.642 Discrimination prohibition
- RCW Chapter 49.60 Washington Law Against Discrimination
- 20 U.S.C. §1232g, 34 C.F.R., Part 99 Family Education Rights & Privacy Act
- WAC Chapter 392-190 Equal educational opportunity
Adoption Date: June 22, 2016
Policy 3213- Transgender Students
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Transgender Students Procedures- 3213P
Transgender Students
Definitions/Terms
1. Gender Expression is the manner in which a person represents or expresses gender to others, often through behavior, mannerisms, clothing, hairstyles, voice, and/or activities.
2. Gender Identity is a person’s deeply felt internal sense of their own gender, regardless of the sex indicated on their birth certificate.
3. Gender Nonconforming describes any person whose gender expression differs from stereotypical expectations about how they should look or act based on the sex indicated on their birth certificate. This includes people who identify outside traditional gender categories or identify as both genders.
4. Transgender is a general term used to describe a person whose gender identity and/or expression is different from that traditionally associated with the person's sex indicated on their birth certificate.
5. Transitioning is the process in which a person changes gender expression to better reflect gender identity.
Support Process
All students will have access to a system of support within the District that is designed to address any social, emotional and academic needs with timeliness and purpose. In cases when students are transitioning or considering a transition, the degree to which they consistently assert their gender identity will be assessed and supported as an integral part of the following process:
1. Staff become aware of an issue or concern. (This may be observed by staff, brought forth by the student, or shared by the student’s family.)
2. Notification of administrator(s), counselor and family (as permitted or necessary) of an issue or concern.
3. Assessment of the student’s needs in the learning environment that includes appropriate staff, the student, and parents (as permitted or necessary).
4. Development and implementation of a support plan that includes appropriate staff, the student and parents (as permitted or necessary).
5. Ongoing contact, engagement and support of the student.
The goals of this process are to maximize the student’s social integration and equal opportunity to participate in social, athletic and academic opportunities, ensure the student’s safety, modesty and comfort, and minimize stigmatization.
Official Records
The District is required to maintain a permanent student record which includes the student’s legal name and the student's sex indicated on their birth certificate. The District will change a student's official records to reflect a change in legal name and/or gender upon receipt of documentation that the student’s legal name or gender has been changed pursuant to a court order or through amendment of state or federally-issued identification.
To the extent that the District is not legally required to use a student's legal name and legal gender on school records or documents, the District shall use the name and gender by which the student identifies. In situations where school employees are required by law to use or report a student's legal name or sex indicated on their birth certificate, such as for standardized testing, the District will facilitate and support staff in the adoption and implementation of practices to avoid the inadvertent disclosure of such confidential information.
Confidential Health or Educational Information
Information about a student's gender status, legal name, or sex indicated on their birth certificate may constitute confidential medical or educational information. Disclosing this information to other students, their parents, or other third parties may violate privacy laws, such as the federal Family Education Rights and Privacy Act (FERPA) (20 U.S.C. §1232; 34 C.F.R. Part 99). Therefore, school employees shall not disclose information that may reveal a student's transgender status to others, including parents and/or other school personnel, unless legally required to do so or the student has authorized such disclosure.
Restroom Accessibility
Students will be allowed to use the restroom that corresponds to the gender identity they consistently assert at school. Any student, transgender or not, who has a need or desire for increased privacy, regardless of the underlying reason, shall be provided access to an alternative restroom (e.g., staff restroom, health office restroom). No student will be required to use an alternative restroom because they are transgender or gender nonconforming. If school administrators have legitimate, immediate and reasonably foreseeable concerns that are not speculative about safety or privacy of students as related to a transgender student’s use of restroom, they should bring those concerns to the attention of the District’s compliance coordinator.
Locker Room Accessibility
The District will provide students with the option to access the locker room that corresponds to their gender identity. Use of locker rooms by students actively transitioning will be addressed through the support process previously outlined. The goals of this process are to maximize the student’s social integration and equal opportunity to participate in physical education classes and athletic opportunities, ensure the student’s safety, modesty and comfort, and minimize stigmatization.
Any student—transgender or not—who has a need or desire for increased privacy, regardless of the underlying reason, shall be provided with a reasonable alternative changing area, including, but not limited to:
1. Use of a private area (e.g., nearby restroom stall with a door, an area separated by a curtain, an office in the locker room, or a nearby health office restroom);
2. A separate changing schedule (e.g., utilizing the locker room before or after the other students).
3. Other accommodations designed at individual schools, and approved in advance by a district level administrator, to address the privacy and safety needs of all students.
Any alternative arrangement will be provided in a way that protects the student’s ability to keep their transgender status private. No student, however, will be required to use a locker room that conflicts with their gender identity.
Sports and Physical Education Classes
The District will provide all students the opportunity to participate in physical education and athletic programs/opportunities in a manner that is consistent with their gender identities.
A student may seek review of their eligibility for participation in interscholastic athletics by working through the Washington Interscholastic Activities Association (WIAA).
Dress Codes and Communications
The District will permit students to dress according to the gender identity with which they consistently identify and shall be addressed and treated using the name and pronouns of their choice. School dress codes will be gender-neutral and will not restrict a student's clothing choices on the basis of gender. Dress codes will be based on educationally relevant considerations, apply consistently to all students, include consistent discipline for violations, and make reasonable accommodations when students require an exception. Such exceptions may not result in substantial disruption of the educational environment or compromise school health or safety (e.g., prohibition on wearing gang-related apparel).
Discrimination and Harassment Complaints
Discrimination on the basis of gender identity or expression is prohibited within the District. Complaints alleging discrimination based on a person’s actual or perceived gender identity or expression are to be taken seriously and handled in accordance with Procedure 3210P. This includes investigating the incident and taking age and developmentally-appropriate corrective action when needed. Anyone may file a complaint alleging a violation of this policy using the complaint process outlined in the Procedure 3210P. Complaints alleging harassment, intimidation, or bullying (HIB) will be handled using the complaint process outline in Procedure 3207P. Complaints alleging or discovered to involve potential violations of the District’s prohibitions of HIB and discrimination must be handled under both 3207P and 3210P.
Cross References:
- Policy 3210 Nondiscrimination
- Policy 3207 Prohibition of Harasssment, Intimidation and Bullying
- Policy 3600 Student Records
Legal References:
- RCW Chapter 28A.642 Discrimination prohibition
- RCW Chapter 49.60 Washington Law Against Discrimination
- 20 U.S.C. §1232g, 34 C.F.R., Part 99 Family Education Rights & Privacy Act
Adoption Date: June 22, 2016
Procedure 3213P- Transgender Students Procedures
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Freedom of Expression-3220
The free expression of student opinion is an important part of education in a democratic society. Students' verbal and written expression of opinion on school premises is to be encouraged so long as it does not substantially disrupt the operation of the school or otherwise violate this policy. Students are expressly prohibited from the use of vulgar or lewd terms in classroom or assembly settings.
The district will regulate online student speech only if the speech bears sufficient nexus to the school, based on (1) the degree and likelihood of harm to the school, (2) whether it was reasonably foreseeable the speech would reach and impact the school, and (3) the relation between the content and context of the speech and the school.
The Superintendent will develop guidelines, assuring that students are able to exercise freedom of expression so long as it does not present a material and substantial disruption of the orderly operation of the school.
Student Publications
Student publications produced as part of the school's curriculum or with the support of the associated student body fund are intended to serve both as vehicles for instruction and student communication.
Although substantively financed and operated by the district, student editors of schoolsponsored media are responsible for determining the news, opinion, feature, and advertising content of the media, consistent with chapter 28A.600 RCW and other applicable laws and policies. Material appearing in such publications may reflect various areas of student interest, including topics about which there may be controversy and dissent. When engaging with a controversial issue, student publications should strive to provide in-depth treatment and represent a variety of viewpoints. Such materials may not:
- Be libelous or slanderous;
- Be an unwarranted invasion of privacy;
- Violate or incite students to violate federal or state laws, rules, or regulations, including the standards established by the federal communications act or applicable federal communication commission rules or regulations;
- Incite students so as to create a clear and present danger of unlawful acts, a violation of district regulations, or a material and substantial disruption of the school;
- Violate district policy or procedure related to harassment, intimidation, bullying, or related to the prohibition on discrimination pursuant to RCW 28A.642.010; or
- Advertise tobacco products, liquor, illicit drugs, or drug paraphernalia.
Distribution of Materials
Students and district staff may distribute student publications or other materials on school premises in accordance with procedures developed by the Superintendent or designee. Such procedures may impose limits on the time, place, and manner of distribution, including prior authorization for the posting of such material on school property.
Students responsible for the distribution of material that leads to a substantial disruption of school activity or other wise interferes with school operations may be subject to corrective action, including suspension or expulsion, consistent with student discipline policies.
No one who is neither a student nor a district employee may distribute materials on school grounds.
Cross References:
- Policy 2340 Religious Related Activities and Practices
- Policy 3241 Student Discipline
Legal Reference:
- RCW 28A.600
Adoption Date: June 24, 1992
Revised Date: September 9, 2020
Policy 3220-Freedom of Expression
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Freedom of Expression Procedures- 3220P
Students will enjoy the freedom of expression, whether verbal or written, providing such expression does not constitute a material and substantial disruption of the orderly operation of the school or otherwise violate this policy. The principal will have the authority to monitor student verbal and written expression. Students who violate the standards established by this policy and chapter 28A.600 RCW for verbal and written expression may be subject to corrective action.
For purposes of verbal and written expression, the following guidelines are in effect:
A. Distribution of written materials or presentation of an oral speech in an assembly or classroom setting may be restricted:
1. Where there is evidence that reasonably supports a forecast that the expression is likely to cause material and substantial disruption of, or interference with school activities, which disruption or interference cannot be prevented by reasonably available, less restrictive means; or
2. Where such expression unduly impinges upon the rights of others. A school official must base a forecast of material and substantial disruption on specific facts, including past experience in the school and current events influencing student behavior, and not on undifferentiated fear or apprehension.
B. Distribution of written materials or presentation of an oral speech will not be permitted if such material or speech would be in violation of the federal communications act or applicable federal communication commission rules or regulations, or otherwise in violation of district policies regarding patently lewd, vulgar, obscene conduct or communication.
C. Libelous or slanderous material or speech may be prohibited. Libelous material includes defamatory falsehoods about public figures or governmental officials. In order to be libelous against a public figure or government official, the defamatory falsehood must be made with actual malice; that is, with knowledge that it is false, or with reckless disregard of whether it was false or not.
D. Publications that involve an unwarranted invasion of privacy will not be permitted. Such occurrences may include: exploitation of one's personality; publications of one's private affairs with which the public has no legitimate concern; or, wrongful intrusion into one's private activities in a manner that can cause mental suffering, shame, or humiliation to a reasonable person of ordinary sensibilities.
E. Publications or oral speeches that advocate the commission of unlawful acts on school premises, the violation of law, or the violation of lawful school district policies and procedures may be prohibited.
F. Publications or oral speeches that violate the district’s policy or procedure related to the prohibition of harassment, intimidation, or bullying, or that advocate discrimination or discriminatory disparagement in violation of chapter 28A.642 RCW and district policy are prohibited.
Student Publications
For purposes of this section, the following definitions apply:
A. “School-sponsored media” means any matter that is prepared, substantially written, published, or broadcast by student journalists, that is distributed or generally made available, either free of charge or for a fee, to members of the student body, and that is prepared under the direction of a student media adviser. “School-sponsored media” does not include media that is intended for distribution or transmission solely in the classrooms in which they are also produced.
B. “Student journalist” means a student who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.
C. “Student media adviser” means a person who is employed, appointed, or designated by the school to supervise, or provide instruction relating to, school-sponsored media.
The student publications instructor or advisor will have the primary responsibility for supervising student publications and to see that the policy and procedures are met.
The instructor or advisor will also have the primary responsibility for teaching professional standards of English and journalism to the student journalists. Publication activities should instill respect for the sensitivity of others and standards of civility as well as the elements of responsible journalism.
Student editors of school-sponsored media are responsible for determining the news, opinion, feature, and advertising content of the media subject to the limitations of this policy and procedure.
The principal may request to review any copy prior to its publication, including to determine compliance with RCW 28A.600.027 and this policy and procedure. The principal will return such copy to the student editors within 24 hours after it has been submitted for review. Any dispute that cannot be resolved at the building level will be submitted to the Superintendent or designee for further consideration. When appropriate, the Superintendent or designee will seek legal counsel. If the dispute cannot be resolved at that level, the Board, upon request, will consider the matter at its next regular meeting. Any enrolled high school student, individually or through his or her parent or guardian, may file an appeal of any adverse Board decision on an alleged violation of chapter 28A.600 RCW related to school-sponsored media pursuant to the provisions of chapter 28A.645 RCW.
Political expression by students in school-sponsored media will not be deemed the use of public funds for political purposes for purposes of the prohibitions of RCW 42.17A.550.
Expression made by a student in the school-sponsored media is not necessarily the expression of school policy. Pursuant to chapter 28A.600 RCW, neither a school official nor the governing Board of the school or school district may be held responsible in any civil or criminal action for any expression made or published by students in school-sponsored media.
Distribution of Materials
Students' constitutional rights of freedom of speech or expression provide for the opportunity to distribute written materials on school premises. However, distribution of materials by students must not cause disruption of or interference with school activities. Systematic distribution of materials may not occur during instructional time, unless other similar non-instructional activities are permitted. Students may be subject to corrective action or punishment, including suspension or expulsion, depending on the nature of the disruption or interference resulting from distribution of materials.
District staff may distribute materials for curricular purposes or as otherwise authorized by the district, consistent with district policies and procedures.
Adopted: June 24, 1992
Revised: September 9, 2020
Procedure 3220P- Freedom of Expression Procedures
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Freedom for Assembly- 3223
Individual students and student organizations may meet in school rooms or auditoriums, or at outdoor locations on school grounds, to discuss, pass resolutions, and take other lawful action respecting any matter which directly or indirectly concerns or affects them, whether or not it relates to school. Such activities will not be permitted to interfere with the normal operation of the school.
Peaceful demonstrations are permissible; however, they must be held in designated places where they will present no hazards to persons or property and at designated times that will not disrupt classes or other school activities.
Cross Reference:
- Policy 2153 Non-Curriculum-Related Student Groups
Legal Reference:
- WAC 392-400-215 Student rights
Classification: Encouraged
Adoption Date: June 24, 1992
Revised Date: June 14, 2023
Policy 3223 Freedom of Assembly
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Student Dress- 3224
Preserving a beneficial learning environment and assuring the safety and well-being of all students are primary concerns of the Snohomish School District. Students’ choices in matters of dress should be made in consultation with their parents. Student dress will only be regulated, when, in the judgement of school administration, there is a reasonable expectation that:
1. A health or safety hazard will be presented by the student's dress or appearance;
2. Damage to school property will result from the student's dress; or
3. A material and substantial disruption of the educational process will result from the students’ dress.
For the purpose of this policy, a material and substantial disruption of the educational process may be found to exist when a student’s dress is inconsistent with the educational mission of the school district. Students must wear:
- Clothing including both a shirt with pants or skirt, or the equivalent and shoes.
- Shirts and dresses must have fabric that covers the front, back, mid-drift and sides.
- Clothing must cover undergarments.
- Fabric covering all private parts must not be see through.
- Clothing must be suitable for all scheduled classroom activities including physical education, science labs, wood shop, and other activities where unique hazards exist.
- Courses that include attire as part of the curriculum (for example, professionalism, public speaking and job readiness) may include assignment-specific clothing.
Prohibited dress includes:
- Offensive images or language, including profanity, hate speech and pornography. • Images or language depicting or advocating violence or the use of tobacco, vaping, alcohol or drugs.
- Attire that intentionally shows private parts.
- Apparel identified by local law enforcement as belonging to or identifying with of any gang, violent or criminal group.
The uniforms of nationally recognized youth organizations, and clothing worn in observance of a student’s religion are not subject to this policy.
Dress code enforcement will not:
- Create disparities, reinforce or increase marginalization of any group, nor will it be more strictly enforce against student because of racial identity, ethnicity, gender identity, gender expression, gender nonconformity, sexual orientation, cultural or religious identity, household income, body size/type, or body maturity.
- Result in unnecessary barrier to school attendance.
The Superintendent will establish procedures applicable to all district schools providing guidance to students, parents and staff regarding appropriate student dress in school or while engaging in extracurricular activities.
Cross Reference:
- Board Policy No. 3220 Freedom of Expression
Legal References:
- RCW 28A.320.140 Schools with special standards – dress codes
- WAC 392-400-215 Student rights
- WAC 392-400-225 School district rules defining misconduct – Distribution of Rules
Classification: Discretionary
Adoption Date: June 24, 1992
Revised: June 17, 1998, March 25, 2020
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Student Dress Procedures- 3224P
The student and parent may determine the student's personal dress and grooming standards, provided that the student's dress and grooming does not:
1. Disrupt, interfere with, disturb, or detract from the school environment or activity and/or educational objectives as determined by school officials;
2. Create a health or other hazard to the student's safety or to the safety of others;
3. Create an atmosphere in which a student, staff, or other person’s well-being is hindered by undue pressure, behavior, intimidation, overt gesture or threat of violence; or
4. Display apparel or garments that identify with any gang, violent or criminal group as defined by local law enforcement.
If the student's dress or grooming is objectionable under these provisions and staff involvement is necessary:
- Intervention should be done in a way that is the least restrictive and disruptive to the student’s school day.
- Any school dress code enforcement actions should not be done publicly in front of other students and should minimize the potential loss of educational time. Students should not be forced to wear clothing that is not their own when they are in violation of the dress code.
- The principal will request that the student make appropriate corrections.
For dress code violations:
- The student can either remove the item immediately if it is not a primary piece of clothing (i.e.: hat, sweatshirt, jewelry); or
- If the student has appropriate clothing available to change into, the student may change and return to class; or
- The student may call their parent/guardian to bring them appropriate clothing to change into.
If the student refuses, the principal will notify the parents, if reasonably possible, and request that the parent make the necessary correction. If both the student and parent refuse, the principal will take appropriate disciplinary action according to policy 3241 and procedure 3241P.
Students who violate provisions of the dress code relating to extracurricular activities may be removed or excluded from the extracurricular activity for such period as the principal may determine. All students will be afforded due process safeguards before any corrective action may be taken.
Revised: June 24, 1992, March 25, 2020
Procedure 3224P- Student Dress Procedures
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School Based Threat Assessment- 3225
The Board is committed to providing a safe and secure learning environment for students and staff. This policy establishes a school-based threat assessment program to provide for timely and methodical school-based threat assessment and management.
Threat assessment best occurs in school climates of safety, respect and emotional support. Student behavior rather than a student’s demographic or personal characteristics will serve as the basis for a school-based threat assessment.
The threat assessment process is distinct from student discipline procedures. The mere fact that the district is conducting a threat assessment does not by itself necessitate suspension or expulsion and the district will not impose suspension or expulsion, including emergency expulsion, solely for the purpose of investigating student conduct or conducting a threat assessment. However, nothing in this policy precludes district personnel form acting immediately to address an imminent threat, including imposing an emergency expulsion, if the district has sufficient cause to believe that the student’s presence poses an immediate and continuing danger to other students or school personnel or an immediate and continuing threat of material and substantial disruption of the educational process.
Structure of Threat Assessment Teams
The Superintendent will establish and ensure the training of a multidisciplinary, multi agency threat assessment team or more than one such team to serve district schools. As the threat assessment team must be multidisciplinary and multi agency, it might include persons with expertise in:
- Counseling, such as a school counselor, a school psychologist and/or social worker;
- Law enforcement, such as a school resource officer;
- School administration, such as a principal or other senior administrator;
- Other district school staff;
- Community resources;
- Special education teachers;
- Practicing educational staff member.
Not every multidisciplinary team member needs to participate in every threat assessment. When faced with a potential threat by, or directed towards, a student receiving special education services, the threat assessment team must include a team member who is a special education teacher.
Although parents, guardians, or family members are often interviewed as part of the threat assessment process, neither the student not the student’s family members are part of the threat assessment team. This does not diminish the district’s commitment to make every reasonable attempt to involve parents and the student in the resolution of the student’s behavioral violations, consistent with Policy and Procedure 3241and 3241P on Student Discipline.
Function of the Threat Assessment Team
Each threat assessment team member, whether a teacher, counselor, school administrator, other school staff, contractor, consultant, volunteer, or other individual, functions as a “school official with a legitimate educational interest” in educational records controlled and maintained by the district. The district provides the threat assessment team access to educational records as specified by the Family Educational Rights and Privacy Act (FERPA). No member of a threat assessment team, including district/school-based members and community resource/law enforcement members, will use any student record beyond the prescribed purpose of the threat assessment team or re-disclose records obtained by being a member of the threat assessment team, except as permitted by FERPA.
The threat assessment team:
- Identifies and assesses the behavior of a student that is threatening, or potentially threatening, to self, other students, staff, school visitors, or school property. Threats of self-harm or suicide unaccompanied by threats of harm to others should be promptly evaluated according to Policy 2145 – Suicide Prevention;
- Gathers and analyzes information about the student’s behavior to determine a level of concern for the threat. The threat assessment team may interview the person(s) who reported the threat, the recipient(s) or target(s) of the threat, other witnesses who have knowledge of the threat, and where reasonable, the individual(s) who allegedly engaged in the threatening behavior or communication. The purpose of the interviews is to evaluate the individual’s threat in context to determine the meaning of the threat and intent of the individual. The threat assessment team may request and obtain records in the district’s possession, including student education, health records, and criminal history record information. The purpose of obtaining information is to evaluate situational variables, rather than the student’s demographic or personal characteristics;
- Determines the nature, duration, and level of severity of the risk and whether reasonable modifications or policies, practices, or procedures will mitigate. The threat assessment team makes an individualized assessment, based on reasonable judgment, best available objective evidence, or current medical evidence as applicable;
- Communicates lawfully and ethically with each other, school administrators, and other school staff who have a need to know particular information to support the safety and well-being of the school, its student and its staff; and
- Timely reports its determination to the Superintendent or designee.
Depending on the level of concern determined, the threat assessment team develops and implements intervention strategies to manage the student’s behavior in ways that promote a safe, supportive teaching, and learning environment, without excluding the student from school.
In cases where the student whose behavior is threatening or potentially threatening also has a disability, the threat assessment team aligns intervention strategies with the student’s individualized education program (IEP) or the student’s plan developed under Section 504 of the Rehabilitation Act of 1973 (Section 504 Plan) by coordinating with the student’s IEP team of Section 504 Plan team. Although some of the functions of a school-based threat assessment may run parallel to the functions of a student’s IEP team or 504 Plan team, school-based threat assessment remains distinct from those teams and processes.
Data Collection, Review and Reporting
The Superintendent or designee will establish procedures for collecting and submitting data related to the school-based threat assessment program that complies with OSPI’s monitoring requirements, processes, and guidelines.
Other Tasks of the Threat Assessment Team
The threat assessment team may also participate in other tasks that manage or reduce threatening or potentially threatening behavior and increase physical and psychological safety. This may include:
- Providing guidance to students and staff regarding recognition of behavior that may represent a threat to students, staff, school, the community, or the individual;
- Providing informational resources for community services boards or health care providers for medical evaluation or treatment, as appropriate;
- Assessing individuals other than students whose behavior poses a threat to the safety of students or staff and notify the Superintendent or designee of such an individual.
Cross References:
- Policy No. 2121 Substance Abuse Program
- Policy No. 2145 Suicide Prevention
- Policy No. 2161 Special Education and Related Services for Eligible Students
- Policy No. 2162 Education of Students with Disabilities Under Section 504 of the Rehabilitation Act of 1973
- Policy No. 3143 District Notification of Juvenile Offenders
- Policy No. 3231 Student Records
- Policy No. 3432 Emergencies
- Policy No. 3241 Student Discipline
- Policy No. 4210 Regulation of Dangerous Weapons on School Premises
- Policy No. 4310 District Relationships with Law Enforcement and other Government Agencies
- Policy No. 4314 Notification of Threats of Violence of Harm
Legal References:
- Chapter 28A.300 RCW
- Chapter 28A.320 RCW
- CFR 24, Part 99, Family Educational Rights and Privacy Act Regulations
Classification: Priority
Adoption Date: August 26, 2020
Policy 3225- School Based Threat Assessment
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School Based Threat Assessment Procedures- 3225P
Definitions
- A School-based threat assessment means the formal process, established by a school district, of evaluating the threatening, or potentially threatening, behavior of a student, and the circumstances surrounding the threat, to uncover any facts or evidence that the student or other actor is likely to carry out the threat.
- School-based threat management means the development and implementation of a plan to manage or reduce the threatening, or potentially threatening, behavior of a student in a way that increases the physical and psychological safety of students, staff, and visitors, while providing for the education of all students.
- A threat is an expression of an intent to cause physical harm to self or others. The threat may be expressed or communicated behaviorally, orally, visually, in writing, electronically, or through any other means; and is considered a threat regardless of whether it is observed by or communicated directly to the target of the threat or observed by or communicated to a third party; and regardless of whether the target of the threat is aware of the threat. Threats may be direct, such as “I am going to beat you up” or indirect, such as, “I’m going to get him.”
- A low risk threat is one in which it is determined that the individual or situation does not appear to pose a threat of serious harm to one’s self or others, and any exhibited issues or concerns can be resolved easily.
- A moderate risk threat is one in which the person or situation does not appear to pose a threat of violence, or serious harm to one’s self or others, at this time; but exhibits behaviors that indicate a continuing intent and potential for future violence or serious harm to one’s self or others; and/or exhibits other concerning behavior that requires intervention.
- A high-risk threat is one in which the person or situation appears to pose a threat of violence, exhibiting behaviors that indicate both a continuing intent to harm one’s self or others and efforts to acquire the capacity to carry out the plan, and may also exhibit other concerning behavior that requires intervention.
- An imminent threat exists when the person or situation appears to pose a clear and immediate threat of serious violence toward one’s self or others that requires containment and action to protect identified or identifiable target(s); and may also exhibit other concerning behaviors that require intervention.
Identifying and Reporting Threats
Timely reporting of expression to harm is crucial to an effective school-based threat assessment program.
Anyone, including students, families, and community members may report communication or behavior that appears to be threatening or potential threatening to the building administrator, any school staff or through the district tip line at www.sno.wednet.edu.
All school district employees, volunteers, and contractors should report immediately to their supervisor or principal any expression that may be interpreted as an intent to harm another person, concerning communications, or concerning behaviors that suggest an individual may intent to commit an act of violence.
Assessing Threats
A school-based threat assessment is distinct from law enforcement investigation (if any). The goal of the threat assessment process is to take appropriate preventive or corrective measures to maintain a safe and secure school environment, to protect and support potential victims and to provide assistance, as needed, to the individual being assessed. School-based threat assessment is also distinct from student discipline procedures. However, the functions of school-based threat assessment may run parallel to student discipline procedures.
Triage
The Superintendent or designee will designate a team leader for each threat assessment team(s), such as a school principal or a district administrator. If it is not feasible for all team members to be involved with the screening of initial reports referred to the team, the threat assessment team leader may designate a subset of team members to triage cases and determine their appropriateness for review and/or action by the full team. If a team implements a triage process, at least two members of the team will review initial reports and determine if the full team should further assess and manage the situation. All triaged cases must be shared with all members of the assessment team to ensure the cases were adequately addressed. All threat assessment team members must be trained to triage cases effectively.
Imminent
Upon notification of threatening behavior or communications, the school administrator, threat assessment team, or the triage team will be the first to determine if an imminent threat is believed to exist. If the individual appears to pose an imminent threat of serious violence to themselves or to others in the school, the administrator or assessment team will notify law enforcement.
Moderate or High-Risk Threat
If the threat assessment team cannot determine with a reasonable degree of confidence that the alleged threat is not a threat, or is a low risk threat, then the threat assessment team will undertake a more in-depth assessment to determine the nature and degree of any safety concerns and to develop strategies to prevent violence and reduce risk, as necessary.
Upon a determination that a student poses a threat of violence or physical harm to self or others, a threat assessment team will immediately report its determination to the Superintendent or designee. The Superintendent or designee will immediately attempt to notify the student’s parent or legal guardian. The district will ensure that the notice is in a language the parent or guardian understands, which may require language assistance for parents or guardians with limited English proficiency under Title VI of the Civil Rights Act of 1964.
In instances where the threat is deemed a moderate risk or high risk, or requires further intervention to prevent violence or serious harm, the school administrator must notify the parent or guardian of any student who is the target/recipient of a threat as well as the parent or guardian of any student who made the threat. See Policy and Procedure 4314 and 4314P – Notification of Threats of Violence or Harm. The district will ensure that the notice is in a language the parents or guardians understands, which may require language assistance for parents or guardians with limited English proficiency under Title VI of the Civil Rights Act of 1964.
If the threat assessment team determines that an individual poses a threat of violence, based on the information collected, the threat assessment team develops, implements, and monitors intervention strategies to address, reduce, and mitigate the threat and assistance to those involved, as needed. If these strategies include disciplinary consequences, the district will provide notice to the student and their parent or legal guardian consistent with Policy and Procedure 3241 and 3241P – Student Discipline.
The threat assessment team may assist individual(s) within the school to access appropriate school and community-based resources for support and/or further intervention. This includes assisting those who engaged in threatening behavior or communication, and any impacted staff or students.
In cases where the student whose behavior is threatening or potentially threatening also has a disability, the threat assessment team must align intervention strategies with the student’s individualized education program (IEP) or the student’s plan developed under Section 504 of the Rehabilitation Act of 1973 by coordinating with the student’s IEP team or Section 504 plan team.
No Identifiable Threat or Low Risk Threat
If the threat assessment team concludes that no further assessment is necessary to determine the reported possible threat is not identifiable or constitutes a low threat of violence or harm to self or others, the threat assessment team need not intervene or take further steps.
Data Collection, Review and Reporting
The procedure for collecting and submitting data related to the school-based threat assessment program will comply with OSPI’s monitoring requirement, processes, and guidelines.
Adoption Date: August 26, 2020
Procedure 3225P- School Based Threat Assessment Procedures
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Interviews and Interrogations of Students on School Premises- 3226
Interviews and Interrogations of Students on School Premises
The district encourages interviews and interrogations of students by law enforcement, child protective services/agencies and the county health department to take place off school premises in order to minimize interruption to the instructional program. When an onsite interview or interrogation is warranted by the circumstances of a case, the district will utilize protocols developed in cooperation with these entities. To ensure that investigations are not impeded and that students and parent(s)/guardian(s) are afforded all rights required by law, the superintendent will establish protocols for interviews and interrogations of students on school premises. The protocols will address criminal investigations, child abuse and neglect investigations, and health department investigations.
Cross References:
- Policy No. 3414 Communicable Diseases
- Policy No. 3600 Student Records
- Policy No. 4310 Relations with Law Enforcement, Child Protective Services or Agencies, and the County Health Department
- Policy No. 3430 Emergency/Disaster
Legal References:
- RCW 28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when - Penalty
- RCW 26.44.115 Child taken into custody under court order — Information to parents RCW 26.44.110 Information about rights - Custody without court order - Written statement required - Contents
- RCW 26.44.050 Abuse or neglect of child - Duty of law enforcement agency or department of social and health services - Taking child into custody without court order, when
- RCW 26.44.030 Reports - Duty and authority to make -Duty of receiving agency - Duty to notify - Case planning and consultation - Penalty for unauthorized exchange of information - Filing dependency petitions - Investigations - Interviews of children - Records - Risk assessment process
Adoption Date: April 26, 2017
Policy 3226- Interviews and Interrogations of Students on School Premises
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Student Privacy and Searches of Students and Personal Property- 3230
Personal privacy is a fundamental aspect of individual liberty. All students possess the constitutional right to be secure in their persons, papers, and effects against unreasonable searches and seizures. Staff will take particular care to respect students' privacy. However, no right or expectation of privacy exists for any student as to the use of any district parking lot or of any locker issued or assigned to a student by the school district. The locker will be subject to search in accordance with board policy.
The Board of Directors is committed to protecting the health and welfare of all students, maintaining the security of the schools, and promoting the effective operation of the schools.
School officials have authority to maintain order and discipline in the schools and to protect students from exposure to illegal drugs, weapons, and contraband.
The Superintendent, the principal, and other staff designated by the Superintendent will have the authority to conduct reasonable searches on school property as provided by board policy.
At certain ages, students attain the right to decide for themselves what records will remain confidential, even from their parents, and what activities the student will participate in. At age 18 students become legal adults and must approve any disclosure of information about themselves from school records, except directory information if a request for confidentiality has not been filed. Students at age 18 may also sign releases, authorizations or permission slips to participate in school activities, and may sign themselves out of school and authorize their own absences. Students between 16 and 18 who have been granted legal emancipation from their parents or guardians have the same rights as 18-year-old students. Students over 14 years of age have the right to keep private from everyone any district records indicating that they have been tested or treated for a sexually transmitted disease. Students 13 years and older have confidentiality rights in records regarding drug, alcohol or mental health treatment. All students have confidentiality rights in family planning or abortion records.
Cross References:
- Policy 3414 – Infectious Diseases
- Policy 3245 – Students and Telecommunication Devices
- Policy 3231 – Student Records
Legal References:
- RCW 13.64.060 Power and capacity of emancipated minor
- RCW 28A.320.040 Bylaws for Board and school government
- RCW 28A.600.020 Exclusion of student from classroom – Written Disciplinary procedures – Long-term suspension or expulsion
- RCW 28A.600.210-240 School locker searches – Findings
- RCW WAC 392-400-215 Student Rights
Adoption Date: June 24, 1992
Revised: October 25, 1995, March 8, 2017, November 8, 2018
Policy 3230- Student Privacy and Searches of Students and Personal Property
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Student Privacy and Searches of Students and Personal Property Procedures- 3230P
Non-Personal Searches
Any search of a student’s personal belongings and/or the student’s locker must be based on reasonable suspicion related to the possible violation of the law or school rules.
Personal Searches
1. Any search of a student’s personal belongings and/or the student’s locker must be reasonably related to the discovery of contraband or other evidence of a student’s violation of the law or school rules.
- For the purpose of this procedure, “contraband” means items, materials, or substances the possession of which is prohibited by law or District policy, including but not limited to, controlled substances, alcoholic beverages, tobacco products, or any object that can reasonably be considered a firearm or a dangerous weapon.
2. Two (2) adults must be present for all personal searches.
3. Staff will conduct searches in a manner which is not excessively intrusive in light of the age and gender of the student and the nature of the suspected infraction. Prior to conducting a personal search, school officials will ask that the student consent to be searched. A personal search will consist of having the student remove all items from pockets or other personal effects.
4. If the student refuses to consent to the search, and there remains reasonable suspicion, school officials will contact the student’s parents and/or police before proceeding with the search.
5. A search is required when there are reasonable grounds to suspect a student has a firearm on school grounds, transportation or at school events.
6. No student will be subject to a strip search or body cavity search by school staff.
If evidence of criminal activity is likely to be seized, school officials may consult with local law enforcement officials regarding the advisability of a search on school premises by a law enforcement officer.
Locker Searches
Lockers, desks, and storage areas are the property of the school district. When assigned a locker, desk, or storage area, a student will be responsible for its proper care. A student may be subject to a fine for any willful damage to school property. Students are encouraged to keep their assigned lockers closed and locked.
1. Students may be assigned lockers for storing and securing their books, school supplies, and personal effects. Lockers, desks, and storage areas are the property of the school district. No right or expectation of privacy exists for any student as to the use of any space issued or assigned to a student by the school. Lockers and other spaces are subject to search in accordance with District policy.
2. No student may use a locker, desk, or storage area to store any substance or object which is prohibited by law or school rules or which poses a threat to the health, safety or welfare of the occupants of the school building or the building itself.
3. A student’s locker, desk, or storage area may be searched by District staff if reasonable grounds exist to suspect that evidence of a violation of the law or school rules will be uncovered. School staff will report a student’s suspicious activity to the principal prior to initiating a search, except in emergency situations when the risk of harm to students or staff demands immediate action.
4. Principals may search all lockers, desks, or storage areas without prior notice given to students and without reasonable suspicion that the search will yield evidence of any particular student’s violation of the law or school rules. If the principal conducting such a search develops a reasonable suspicion that any container inside the locker, including but not limited to a purse, backpack, gym bag, or an article of clothing, contains evidence of a student’s violation of the law or school rules, the container, purse backpack, gym bag, or article of clothing may be searched according to board policy.
5. Administrative inspection, or health and welfare inspections, may be conducted at any time for the purpose of locating misplace library books, textbooks, or other school property or to ensure that all lockers, desks, or storage areas are being kept clean and free from potential health or safety hazards. Periodic inspections of lockers will reinforce the District’s ownership of lockers and the minimal expectation of privacy students have in the contents of their lockers.
Adoption Date: August 9, 1995
Revised: February 12, 1997, May 28, 1997, March 8, 2017, November 28, 2018
Procedure 3230P- Student Privacy and Searches of Students and Personal Property Procedures
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Student Records 3231
The District will maintain those student records necessary for the educational guidance and/or welfare of students, for orderly and efficient operation of schools and as required by law. All information related to individual students will be treated in a confidential and professional manner. The District will use reasonable methods to ensure that teachers and other school officials obtain access to only those education records in which they have legitimate educational interests.
Parents and adult students have the right to inspect and review the student’s education records. A parent or adult student may request amendment of any information in a student’s education record that the parent or adult student believes to be inaccurate, misleading or in violation of the student’s privacy rights.
The District will not release a student’s education records or personally identifiable information from those records without written consent from the parent or adult student except as authorized by RCW 28A.600.475 and the Family Educational Rights and Privacy Act of 1974 (FERPA), or as otherwise provided by law.
The District will release student transcripts to persons other than the student or the student’s parents/guardians only upon the written authorization of the student or the student’s parents/guardians, or as set forth in the Family Educational Rights and Privacy Act of 1974 (FERPA) and subsequent amendments. Except as provided in the paragraph below, the District will provide or make available to students upon request complete copies of their high school transcripts, with graduation noted thereon, within forty-five calendar days following the student’s graduation from high school.
If any property of the District, a District employee, or another student has been lost or willfully cut, defaced, or injured, the District may withhold the grades, diploma, and transcripts of the student responsible for the damage or loss until the student or his or her parent/guardian pay for the damages.
If the student and parent/guardian are unable to pay for the damages, the District will provide a program of voluntary work for the student in lieu of paying monetary damages. Upon completion of the voluntary work, the student’s grades, diploma, and transcripts will be released. The student’s parent/guardian is liable for damages as otherwise provided by law. When a student graduates and requests an official transcript, or if a student transfers to another school District that has requested the student's records, but the student has an outstanding fee or fine, not limited to lunch balances, class fees and field trip fees, the District may withhold the student’s official transcript until the fee or fine is discharged. In the case of a student transferring to another school, the enrolling school will be notified that the official transcript is being withheld due to an unpaid fee or fine. However, the District will transmit information about the student's academic performance, special placement, immunization records, records of disciplinary actions, and history of violent behavior or behaviors listed in RCW 13.04.155 to the enrolling school. The content of those records will be communicated to the enrolling District within two school days and copies of the records will be sent as soon as possible. The records of a student who meets the definition of a child of a military family in transition under Article II of RCW 28A.705.010 will be sent within ten days after receiving the request.
When the District or a District employee releases information in compliance with state and federal law, the District and District employee are immune from civil liability for damages unless it is shown that the District or District employee acted with gross negligence or in bad faith. The Superintendent will establish procedures governing the content, management and control of student records.
Cross Reference:
- Policy No. 2100 Educational Opportunities for Military Children
- Policy No. 3211 Transgender Students
- Policy No. 3520 Student Fees, Fines, Charges
- Policy No. 4020 Confidential Communications
- Policy No. 4040 Public Access to District Records
Legal References:
- 20 U.S.C. 1232g Family Education Rights and Privacy Act
- CFR 34, Part 99 Family Education Rights and Privacy Act Regulations
- RCW 28A.150.510 Transmittal of education records to DSHS - Disclosure of educational records – Data sharing Agreements – Comprehensive needs requirement Document – report
- RCW 28A.225.151 Reports
- RCW 28A.225.330 Enrolling students from other Districts – requests for information and permanent records – Withheld transcripts - Immunity from liability – Notification to teachers and security personnel – Rules
- RCW 28A.230.120 High school diplomas––Issuance––Option to receive final transcripts––Notice
- RCW 28A.230.180 Access to campus and student information Directories by official recruiting and representatives – Informing students of educational and career opportunities
- RCW 28A.600.475 Exchange of information with law enforcement and juvenile court officials – Notification of parents and students
- RCW 28A.605.030 Student education records – Parental review – release of records - procedure
- RCW 28A.635.060 Defacing or injuring school property––Liability of pupil, parent or guardian––Withholding grades, diploma or transcripts–– Suspension and restitution - Voluntary work program as alternative––Rights protected
- RCW 40.24.030 Address Confidentiality Program––Application–– Certification Chapter 246-105 WAC Immunization of child care and school Children against certain vaccine-preventable Diseases
- Chapter 392-172A WAC Rules for the provision of special education
- Chapter 392-182 WAC Student Health Records.
- Chapter 392-415-WAC Secondary Education – standardized high school Transcripts
- WAC 181-87-093 Failure to assure the transfer of student record Information or student records
- WAC 392-121-182 Alternative learning experience requirements
- WAC 391-122-228 Alternative learning experiences for Juvenile Students incarcerated in adult jail facilities
- WAC 392-500-025 Pupil tests and records––Pupil personnel records–– School district policy in writing
Classification: Essential
Adoption Date: July 29, 1992
Revised: January 11, 1995, October 25, 1995, April 24, 1996, November 12, 1997, August 22, 2018
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Student Records Procedures- 3231P
Student Records
Student records will be managed by the District records custodians in the following manner:
Types of Records
Student records will be divided into two categories:
Cumulative Folder – The cumulative folder may contain all information about a student which is collected and maintained on a routine basis, such as identifying information (name, birth date, sex, year in school, address, telephone number, parent's name, ethnic classification, emergency information (parent's place of employment, family doctor, babysitter, siblings), attendance records including date of entry and withdrawal; grades and other student progress reports; results of tests of school achievement, aptitude, interests, hearing and vision; health and immunization status reports; records of school accomplishments and participation in school activities; verified reports of misconduct, including a record of disciplinary action taken; and such other information as shall enable staff to counsel with students and plan appropriate activities. Identifying information may be limited if the student is a participant in the state Address Confidentiality Program.
Supplementary Records – Supplementary records about a student may be collected and maintained i by the District. These may include confidential health information; information related to the assessment or identification of a student under the individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act; special education records; or other confidential records related to a student that are not maintained in a student’s cumulative folder. Records created by a staff member that are kept in the sole possession of that staff member, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for that staff member are not considered student records.
Accessibility of Student Records
Information contained in the cumulative folder and/or supplementary records will be provided as follows:
1. Parents – Parents have the right to inspect and review their child’s educational records.
a. The District will comply with a request for access to records within a reasonable period of time, but not more than 45 days after it received the request.
b. Parents may request to examine their student’s records with professionally competent personnel who are able to interpret and assist in the analysis of the records.
c. If a student’s education records contain information about other students, the parent or adult student may only inspect and review or be informed of the specific information about their child or themselves.
d. Inspection and review will be conducted during normal working hours. If this effectively prevents a parent or adult student from inspecting and reviewing the student’s education record, the District will: 1) provide the parent or adult student with a copy of the records requested; or (2) make other arrangements for the parent or adult student to inspect and review requested records. Although records must remain within District control, they may be copied or reproduced for the parent/guardian or adult student at the parent/guardian or adult student’s own expense.
2. Students – Information from the cumulative folder will be interpreted to the student upon his/her request. Information contained in supplementary records will be interpreted to the student upon his/her request and with the consent of the parent. An adult student may inspect his/her cumulative folder and supplementary records. The right of access granted to the parent or adult student includes the right to be provided a list of the types of studentrelated education records maintained by the school and the District. Upon graduation from high school, a student may request to receive a final transcript in addition to the diploma.
The District will annually notify parents of students currently in attendance and students over 18 years of age (“adult students”) currently in attendance of their other rights under the Family Education Rights and Privacy Act (FERPA) and its implementing regulations. The notice will inform parents and adult students that they have the right to:
Inspect and review the student’s education records within 45 days of the day the District receives a request for access. Parents or eligible students should submit to the District records custodian at the student’s school a written request that identifies the record(s) they wish to inspect. The records custodian at the student’s school will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
Request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights. Parents or eligible students should submit a written request to the school principal that clearly identifies the part of the record they want changed, and specifies why it is inaccurate, or misleading or in violation of the student’s privacy rights. If the District decides not to amend the record as requested by the parent or eligible student, the District will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA and its implementing regulations authorizes disclosure without consent. The District may disclose information in education records without consent to school officials, including teachers, who the District has determined to have legitimate educational interests. A school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a contractor, consultant, volunteer, or other party to whom the District has outsourced District services or functions (such as an attorney, hearing officer, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
File a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue S.W.
Washington, D.C. 20202-46053. Other Districts - Other Districts will be provided with records upon official request from the District, unless the student has an outstanding fee or fine, not limited to lunch balances, class fees or field trip fees. In those instances, only records pertaining to the student's academic, special placement, immunization history, and discipline records will be communicated to the enrolling District within two (2) school days and copies of the records will be sent as soon as possible; but the official transcript will be withheld until the fee or fine, including lunch balances, class fees and field trip fees is discharged. The enrolling School District will be notified that the transcript is being withheld due to an outstanding fee or fine. However, the District will transmit information about the student’s academic performance, special placement, immunization records, records of disciplinary actions, and history of violent behavior or behaviors listed in RCW 13.04.155. At the time of transfer of the records, the parent or adult student may receive a copy of the records at his/her expense if requested and will have an opportunity to challenge the contents of the records. Parents will be advised through the annual Student/Parent Rights and Responsibilities Handbook that student records will be released to another school where the student has enrolled or intends to enroll.
The records of a student who meets the definition of a child of a military family in transition under Article II of RCW 28A7.5.010 will be sent within ten days of receiving the request. Upon request the District will furnish a set of unofficial educational records to the parent/guardian of a student who is transferring out of state and who meets the definition of a child of a military family in transition under Article II of RCW 28A.705.010. The District may charge the parent/guardian the actual cost of providing the copies of records.
If a special education student is enrolled or is going to enroll in a private school that is not located in the District, parental consent must be obtained before any personally identifiable information about the student is released between the School District where the private school is located and the District, unless the parent is part-time enrolling the student in the District pursuant to chapter 392-134 WAC.
4. Other Persons and Organizations - Prospective employers may request to review the transcript of a student. Each student will be advised at least annually that such request will be honored only upon a signed release of the student. Information contained in the cumulative folder and supplementary records of the student will be released to persons and organizations other than the student, parent, staff and other Districts only with the written consent of the parent or adult student (Form 3231F1 or Form 3231F2, Consent to Release Educational, Psychological, and Medical Records), with the following exceptions:
a. Directory information may be released at the discretion of the District without parental consent, upon the condition that the parent or adult student be notified annually of the school's intention to release such information and be provided the opportunity to indicate that such information is not to be released without prior consent. Such information will not be released for commercial reasons. Directory information is defined as the student's name, photograph, address (physical and e-mail), telephone number (home and cell), date and place of birth, dates of attendance, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, diplomas and awards received, and the most recent previous school attended. The actual residential addresses of participants in the state Address Confidentiality Program will not be available for release as directory information. Social security numbers, student identification numbers (with authentication factors such as a secret password or personal identification number) or other personally identifiable information is not considered directory information.
b. Notwithstanding its authority to disclose directory information without consent, the District may elect not to disclose such information in instances where disclosure may compromise the health or safety of students or may lead to a disruption of the educational environment or orderly operation of the District, or in similar circumstances.
c. In instances where directory information is disclosed, such disclosure does not reflect the District’s approval or endorsement of the activities or viewpoints of the recipient for such information.
d. Information may be released to authorized representatives of the comptroller general of the United States, the commissioner of education, and/or an administrative head of an education agency or state education authorities in connection with the audit and evaluation of federally supported education programs or in connection with the enforcement of the federal legal requirements for such programs.
e. Information may be released to state and local officials to whom such information is specifically required to be reported or disclosed pursuant to Washington state statute (examples: reporting child abuse or referrals to juvenile court for truancy).
f. Information may be released to organizations conducting studies for educational agencies for the purpose of developing, validating or administering predictive tests or improving instruction, if such studies are conducted in such a manner as will not permit the personal organizations and if such information will be destroyed when no longer needed for the purpose for which it has been gathered.
g. Information may be released in compliance with a judicial order or lawfully issued subpoena, upon condition that a reasonable effort was made to notify the parent or adult student in advance of such compliance.
h. Information may be released to appropriate persons and agencies in connection with an emergency to protect the health or safety of the student or other persons. When information from a student's record, other than directory information, is released to any person or organization other than staff, a record of such release will be maintained as part of the specific record involved. Telephone requests for information about students will not be honored unless the identity of the caller is known, and the caller is authorized to receive the information under provisions of these procedures. Written documentation will be made of any such release of information and placed in the student's cumulative folder. Such access will include date of access, name of the party granted access, the legitimate educational interest of the party granted access.
i. If the Department of Social and Health Services (DSHS) request records of a child within its custody or the custody of a child-placing agency licensed by DSHS, the records will not be withheld for non-payment of school fees or any other reason.
Confidential Health Records
All health records should be stored in a secure area accessible only to the school health care provider or other staff who require access to the records to perform their job duties. Health records will only be disclosed in accordance with Chapter 70.02 RCW unless an appropriately executed release under Ch. 70.02 has been obtained. Such records are also covered by the Family Education Rights and Privacy Act (FERPA). There are additional confidentiality and disclosure requirements for records pertaining to HIV, sexually transmitted diseases, drug or alcohol treatment, mental health treatment, family planning or abortion. The releases for information regarding sexually transmitted diseases, HIV and drug or alcohol treatment may be more restrictive than other medical releases.
Challenges and Hearings
A parent or adult student who believes that the student’s education records contain information that is inaccurate, misleading, or in violation of the student’s privacy rights may request that the District amend the records. The request should be submitted to the Principal of the student’s school. The Principal or designee will decide whether to amend the records as requested within a reasonable time after receiving the request.
If the Principal or designee decides not to amend the records as requested, the parent or adult student may request an informal hearing before the Superintendent or designee. The hearing will be held within ten (10) school days of the receipt of such request, unless otherwise agreed by the District and parent or adult student. During the hearing the Superintendent or designee will review the facts as presented by the parent or adult student and the Principal or designee will decide whether or not to amend the records as requested. The Superintendent or designee will send his/her written decision to the parent or adult student within ten (10) school days of the hearing.
Upon denial of correction or deletion by the Superintendent, the parent or adult student may request in writing a hearing before the Board, which hearing will be conducted at its next regular meeting. During such hearing, which will be closed to the public, the Board will review the facts as presented by the parent or adult student and Principal or designee and decide whether or not to order the demanded correction or deletion. The Board will send its written decision to the parent or adult student within ten (10) school days of the hearing.
If, as a result of the hearing, the District decides the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, the parents or adult students may place a written statement in the record commenting on the contested information in the records or stating why he or she disagrees with the District’s decision, or both.
Maintenance and Disposition of Student Records
The District will maintain and dispose of education records in compliance with the Local Government Common Records Retention Schedule (CORE) and the School Districts and Educational Service Districts Records Retention Schedule, and relevant state and federal law. The student’s permanent records card will be retained in perpetuity by the District.
The permanent student record will serve as the record of the student's school history and academic achievement. Permanent records filed in the student's cumulative folder are to be extracted and retained before disposition of the folder. When a student transfers to another school in the District, all records including the permanent student record will be transmitted to the other school.
When a student transfers to a school outside the District, the custodian of records will purge the cumulative folder of all non-official, extraneous information. The cumulative folder for an elementary or middle school student who leaves the District will be maintained for two (2) after discontinuance of enrollment in the District.
The District will inform parents of students with disabilities under the individuals with Disabilities Education Act (IDEA) and adult students with disabilities when personally identifiable information collected, maintained, or used in compliance with the IDEA and related
Washington law is no longer needed to provide educational services to the student, or is no longer required to be retained under state or federal law. The information will thereafter be destroyed at the request of the parent or adult student. However, a permanent record of a student’s name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.
Adoption Date: July 29, 1992
Revision Dates: January 11, 1995, October 25, 1995, April 24, 1996, June 17, 1998, May 15, 2001, Aug. 17, 2011, May 3, 2012, August 22, 2018
Procedure 3231P- Student Records Procedures
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Student Records- Consent to Release Educational Records From- 3231F1
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Student Records- Consent to Release Psychological and Medical Records- 3231F2
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Student Records Log of Access To Student Records Form- 3231F4
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Student Records- Photo Opt-Out Form
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Student Annuals- 3233
Annuals are sold to students each year; therefore, they become the personal property of the student. The Privacy Act and district policy No. 3231 protect a student's personal property from being searched, unless there is reasonable cause to believe the student is in immediate danger.
Therefore, a staff member may not discipline a student for language contained in a student's annual if permission was granted to write in the Annual. The exception would be if a student were to deface another student's Annual without permission being granted to write in it. A student who defaces another student's annual will be responsible to pay full replacement cost and, per district policy No. 3240, face possible corrective measures such as suspension or expulsion.
Adoption Date: August 25, 1994
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Student Discipline- 3241
The Board of the Snohomish School District focuses on the educational achievement of each and every student. The district holds high expectations for all students and gives all students the opportunity to achieve personal and academic success. As used in this policy and accompanying procedure, “discipline” means any action taken by the school district in response to behavioral violations, including exclusionary as well as positive and supportive forms of discipline.
The purposes of this policy and accompanying procedure include:
- Engaging with school personnel, students, families, and the community in decisions related to the development and implementation of discipline policies and procedures;
- Supporting students in meeting behavioral expectations, including providing for early involvement of parents/guardians;
- Administering discipline in ways that respond to the needs and strengths of students and keep students in the classroom to the maximum extent possible;
- Providing educational services that students need to complete their education without disruption;
- Facilitating collaboration between school personnel, students, and parents/guardians to support successful reentry into the classroom following a suspension or expulsion;
- Ensuring fairness, equity and due process in the administration of discipline;
- Implementing culturally responsive discipline that provides every student the opportunity to achieve personal and academic success; and
- Providing a safe environment for all students and for district employees.
Rights and Responsibilities/District Commitment
The Board is committed to:
- Identifying and addressing discipline policies and practices that perpetuate educational opportunity gaps; and
- Proactively implementing discipline practices that support student in meeting behavioral expectations without losing access to instruction.
The district will observe students’ fundamental rights and will administer discipline in a manner that does not:
1. Unlawfully discriminate against a student on the basis of sex, race, creed, religion, color, national origin, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal;
2. Deprive a student of the student’s constitutional right to freedom of speech and press, the constitutional right to peaceable assemble and to petition the government and its representatives for a redress of grievances, the constitutional right to the free exercise of religion and to have the student’s school free from sectarian control or influence, subject to reasonable limitations upon the time, place, and manner of exercising the right;
3. Deprive a student of the student’s constitutional right to be secure in the student’s person, papers, and effects against unreasonable searches and seizures;
4. Unlawfully interfere in a student’s pursuit of an education while in the custody of the school district; or
5. Deprive a student of the student’s right to an equal educational opportunity, in whole or in part, by a school district without due process of law.
The district’s student discipline policy and procedure are designed to provide students with a safe, healthy, and educationally sound environment. Students are expected to be aware of and comply with this policy and procedure, including behavioral expectations that respect the rights, person, and property of others. Students and staff are expected to work together to develop a positive climate for learning.
Development and Review
The district will collect data on disciplinary actions administered in each school, as required by RCW 28A.300.042, and any additional data required under other district policies and procedures.
The district will ensure that school principals confer with certificated building employees at least annually to develop and/or review building discipline standards and review the fidelity of implementation of those standards.
School principals will ensure teachers and other school personnel receive adequate support to effectively implement a continuum of identified best practices and strategies that:
1. Focus on prevention to reduce the use of exclusionary discipline practices;
2. Allow the exercise of professional judgment and skill sets; and
3. May be adapted to individual student needs in a culturally responsive manner.
School principals will confer with certificated building employees at least annually to establish criteria for when certificated employees must complete classes or training to improve classroom management skills.
The district will periodically review and further develop this policy and procedure with the participation of school personnel, students, parents, families, and the community. As part of this development and review process, the district will use disaggregated data collected under RCW 28A.300.042 to monitor the impact of student discipline practices as well as to improve fairness and equity in the administration of school discipline. Discipline data must be disaggregated as set forth by law.
The district will support each school to:
- Set at least one goal annually for improving equitable student outcomes;
- Create action plan(s);
- Evaluate previous goals and action plans; and
- Revise goals and action plans, based on evaluation
Schools will share identified goals and action plans with all staff, students, parents, families, and the community.
Distribution of policies and procedures
The district will make the current version of this policy and procedures available to families and the community. The district will annually provide this policy and procedure to all district personnel, students, parents, and families, which may require language assistance for students and parents with limited English proficiency under Title VI of the Civil Rights Act of 1964.
The district will ensure district employees and contractors are knowledgeable of this student discipline policy and procedure. Schools are encouraged to provide discipline training developed under RCW 28A.415.410 to support implementation of this policy and procedure to all school staff as feasible.
Behavior Agreements
The district is authorized to enter into behavior agreements with students and parents/guardians in response to behavioral violations, including agreements to reduce the length of a suspension conditioned on participation in treatment services, agreements in lieu of suspension or expulsion, or agreements holding a suspension or expulsion in abeyance. The district will ensure that any behavior agreement entered with a student does not waive that student’s opportunity to participate in a reengagement meeting or to receive educational services during the period of suspension or expulsion. Behavior agreements will not exceed the length of an academic term and will not preclude the district from administering discipline for behavioral violations that occur after the entry of the behavior agreements.
Application
This policy and accompanying procedure will be construed in a manner consistent with Washington law.
Cross Reference:
- Policy 2121 Substance Abuse Program
- Policy 2161 Special Education and Related Services for Eligible Students
- Policy 2162 Education of Students with Disabilities Under Section 504 of the Rehabilitation Action of 1973
- Policy 3122 Excused and Unexcused Absences
- Policy 3210 Nondiscrimination
- Policy 3244 Prohibition of Corporal Punishment
- Policy 3520 Student Fees, Fines, or Charges
- Policy 4210 Regulation of Dangerous Weapons on School Premises
- Policy 4218 Language Access Plan
Legal References:
- RCW 9A.16.100 Use of force on children – Policy – Actions presumed unreasonable
- RCW 9.41.280 Possessing dangerous weapons on school facilities – Penalty - Exceptions
- RCW 28A.150.240 Certificated teaching and administrative staff as accountable for Classroom teaching – Scope – Responsibilities – Penalty
- Chapter 28A.225, RCW Compulsory school attendance and admission
- Chapter 28A.320, RCW Provisions applicable to all districts
- RCW 28A.400.100 Principals and vice principals – Employment of – Qualifications – Duties
- RCW 28A.400.110 Principal to assure appropriate student discipline – Building Discipline standards – Classes to improve classroom management skills
- Chapter 28A.600 RCW, Students
- WAC 392-190-048 Access to course offerings – Student discipline
- Chapter 392-400 WAC Pupils
- 34 CFR Part 100.3 Regulations implementing Civil Rights Act of 1964
- 42 USC 2000d et seq. Civil Rights Act of 1964
Adoption Date: June 23, 1993
Revision Dates: October 13, 1993, February 8, 1995, October 25, 1995, June 26, 1996, November 12, 1997, July 11, 2018, July 26, 2006, January 14, 2009, August 24, 2011, August 27, 2014, August 24, 2016, August 28, 2019, August 24, 2022
Policy 3241- Student Discipline
Policy 3241- (Spanish)- Student Discipline
Policy 3241- (Russian)- Student Discipline
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Student Discipline Procedures- 3241P
The purpose of this student discipline procedure is to implement the district’s student discipline policy as adopted by the Board. These procedures are consistent with the student discipline policy, as well as applicable federal and state laws.
I. Definitions For purposes of the student discipline policy and procedures, the following definitions apply:
A. Behavioral violation means a student’s behavior that violates the district’s discipline policies and procedures.
B. Classroom exclusion means the exclusion of a student from a classroom or instructional or activity area for behavioral violations, subject to the requirements of WAC 392-400- 330 and 392-400-335. Classroom exclusion does not include action that results in missed instruction for a brief duration when: (a) teacher or other school personnel attempts other forms of discipline to support the student in meeting behavioral expectations; and (b) the student remains under the supervision of the teacher or other school personnel during such brief duration.
C. Culturally responsive has the same meaning as “cultural competency” in RCW 28A.410.270.
D. Discipline means any action taken by a school district in response to behavioral violations.
E. Disruption of the educational process means the interruption of classwork, the creation of disorder, or the invasion of the rights of a student or group of students.
F. Emergency expulsion means the removal of a student from school because the student’s presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process, subject to the requirements in WAC 392-400-510 through 392-400-530.
G. Expulsion means a denial of admission to the student’s current school placement in response to a behavioral violation, subject to the requirements in WAC 392-400-430 through 392-400-480.
H. Length of an academic term means the total number of school days in a semester, as defined by the School Board.
I. Other forms of discipline mean actions used in response to behavioral violations, other than classroom exclusion, suspension, expulsion, or emergency expulsion, which may involve the use of best practices and strategies included in the state menu for behavior developed under RCW 28A.165.035.
J. Parent has the same meaning as in WAC 392-172A-01125.
K. School Board means the governing board of directors of the local school district.
L. School business day means any calendar day, except Saturdays, Sundays, or any federal, state or school holiday, upon which the office of the Superintendent is open to the public for business. A school business day concludes or terminates upon the closure of the Superintendent’s office for the calendar day.
M. School day means any day or partial day that students are in attendance at school for instructional purposes.
N. Suspension means the denial of attendance in response to a behavioral violation from any subject or class, or from any full schedule of subjects or classes, but not including classroom exclusions, expulsions, or emergency expulsions. Suspension may also include denial of admission to or entry upon, real and personal property that is owned, leased, rented, or controlled by the district.
(a) In-school suspension means a suspension in which a student is excluded from the student's regular educational setting but remains in the student's current school placement for up to ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475.
(b) Short-term suspension means a suspension in which a student is excluded from school for up to ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475.
(c) Long-term suspension means a suspension in which a student is excluded from school for more than ten consecutive school days, subject to the requirements in WAC 392-400-430 through 392-400-475.
II. Engaging with Families & Language Assistance
The district will provide for early involvement of parents in efforts to support students in meeting behavioral expectations. Additionally, school personnel will make every reasonable attempt to involve the student and parent in the resolution of behavioral violations.
The district will ensure that it provides all discipline related communication (oral and written) in a language the student and parent(s) understand. This may require language assistance for students and parents with limited English proficiency under Title VI of the Civil Rights Act of 1964 and accommodations for parents and students with communication disabilities. For parents who are unable to read any language, the district will provide written material orally.
III. Supporting Student with Other Forms of Discipline
The administration of other forms of discipline may involve the use of best practices and strategies included in the state menu for behavior available online.
In accordance with WAC 392-400-110(1)(e), the district has identified the following other forms of discipline that school personnel should administer before or instead of exclusionary discipline to support students in meeting behavioral expectations:
Parent/guardian notification of behavioral violations;
Conference with student and/or parent/guardian;
Changes to schedule/classes/seating in an effort to improve the student’s behavior;
Social skills instruction;
Use of de-escalation strategies;
Detention before school, during recess and/or after school.
Detention will not extend beyond the time of departure of the bus upon which the student rides unless the student’s parent/guardian has received prior notification;
Special assignments;
Restriction of school-related activities;
Behavior contracts or agreements;
Counseling in behavior expectations and potential consequences for behavior violations;
Requiring restitution and/or an apology;
Mentoring of student to assist in meeting behavior expectations;
Mediation;
Restorative justice practices; or
Confiscation of inappropriate items.
All school personnel are authorized to implement other forms of discipline identified above. At least annually, school personnel at each district school will review the identified best practices and strategies for other forms of discipline.
IV. Staff Authority and Exclusionary Discipline
District staff members are responsible for supervising students immediately before and after the school day; during the school day; during school activities (whether on or off campus); on school grounds before or after school hours when a school group or school activity is using school grounds; off school grounds, if the actions of the student materially or substantially affect or interferes with the educational process; and on school transportation.
Staff have the responsibility to provide a safe and supportive learning environment for all students during school-related activities. In accordance with the student discipline policy, district staff will administer discipline in ways that respond to the needs and strengths of students, support students in meeting behavioral expectations, and keep students in the classroom to the maximum extent possible.
Staff members will seek early involvement of parents in efforts to support students in meeting behavioral expectations. The Superintendent or designee has general authority to administer discipline, including all exclusionary discipline. The Superintendent designates disciplinary authority to impose in-school suspension, short-term suspension, long-term suspension, expulsion and emergency expulsion to school principals and their administrative designees and district administrators who have direct control over student programs.
Exclusions from transportation or extracurricular activities and detention
The Superintendent authorizes principals and their administrative designees to administer other forms of discipline that exclude a student from transportation services or extracurricular activities or impose detention. For students who meet the definition of homeless, the district will provide transportation according to 3115 –Students Experiencing Homelessness.
The district will not administer other forms of discipline in a manner that would result in the denial or delay of a nutritionally adequate meal to a student or prevent a student from accomplishing a specific academic grade, subject, or graduation requirements. The district will not exclude a student from transportation services without providing access to alternative transportation the student needs to participate fully in regular educational services or educational services provided during suspension or expulsion.
Students and parents may challenge the administration of other forms of discipline, including exclusions from transportation or extra-curricular activities and detentions using the district’s grievance procedures.
Classroom exclusions
In accordance with this procedure, teachers have authority to exclude a student from the teacher's classroom or instructional or activity area for behavioral violations that disrupt the educational process while the student is under the teacher's immediate supervision. in accordance with this policy and procedure and building discipline standards. Additionally, the district authorizes principals and their administrative designees, and district administrators to administer classroom exclusion with the same authority and limits of authority as classroom teachers.
Unless the student’s presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process, the teacher or other school personnel must first attempt one or more other forms of discipline to support the student in meeting behavioral expectations. A classroom exclusion may be administered for all or any portion of the balance of the school day. If the student is excluded for longer than the balance of the school day or the student is removed from school, the district will provide notice and due process for a suspension, expulsion, or emergency expulsion, as appropriate.
The school will provide the student an opportunity to make up any assignments and tests missed during a classroom exclusion. The district will not administer other forms of discipline or classroom exclusions, in a manner that would result in the denial or delay of a nutritionally adequate meal to a student or prevent a student from accomplishing a specific academic grade, subject, or graduation requirements.
Following the classroom exclusion of a student, the teacher or other school personnel must report the classroom exclusion, including the behavioral violation that led to the classroom exclusion, to the principal or the principal’s designee as soon as reasonably possible.
The teacher, principal, or the principal’s designee must notify the student’s parents regarding the classroom exclusion as soon as reasonably possible. As noted above, the district must ensure that this notification is in a language and form (i.e. oral or written) the parents understand.
When the teacher or other authorized school personnel administers a classroom exclusion because the student’s presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process:
1. The teacher or other school personnel must immediately notify the principal or the principal’s designee; and
2. The principal or the principal’s designee must meet with the student as soon as reasonably possible and administer appropriate discipline.
The district will address student and parent grievances regarding classroom exclusion through the district’s following grievance procedures set forth below.
V. Grievance Process for Other Forms of Discipline and Classroom Exclusion
Any student or parent/guardian who is aggrieved by the administration of classroom exclusion and/or other forms of discipline, including discipline that excludes a student from transportation or extra-curricular activities and detention, has the right to an informal conference with the principal or designee to attempt resolve the grievance. Such request must be made within ten (10) school business days of the imposition of the other form of discipline or classroom exclusion. If the grievance pertains to the actions of an employee, the employee will be notified of the initiation of a grievance as soon as reasonably possible.
During the conference, the student and parent/guardian will have the opportunity to share the student’s perspective and explanation regarding the behavioral violation. Staff members will have the opportunity to respond to the issues and questions related to the grievance matter. Additionally, the principal or designee will have the opportunity to address issues and questions raised and to ask questions of the parent/guardian, student and staff members.
If after exhausting this remedy the grievance is not resolved, the parent and student will have the right, upon (2) school business days; prior notice, to present a written and/or oral grievance to the Superintendent or designee. The Superintendent or designee will provide the parent and student with a written copy of its response to the grievance within ten (10) school business days.
Use of this grievance process will not impede or postpone the disciplinary action unless the principal or Superintendent elects to postpone such action.
VI. Suspension and Expulsion - General Conditions
A. The district’s use of suspension and expulsion will have a real and substantial relationship to the lawful maintenance and operation of the school district, including but not limited to, the preservation of the health and safety of students and employees and the preservation of an educational process that is conducive to learning.
B. The district will not administer discipline, including suspension and expulsion, in any manner related to a student’s performance of or failure to perform any act not related to the orderly operation of the school or school-sponsored activities or any other aspect of preserving the educational process.
C. The district will not administer any discipline including suspension or expulsion, in a manner that would result in the denial or delay of a nutritionally adequate meal to a student or prevent a student from accomplishing a specific academic grade, subject, or graduation requirement.
D. The district will provide the parent(s)/guardian(s) opportunity for involvement to support the student and resolve behavioral violations before administering suspension or expulsion. Additionally, the Superintendent or designees identified in this procedure must consider the student’s individual circumstance and the nature of the violation before administering any suspension or expulsion to determine whether the suspension or expulsion, and the length of the exclusion, is warranted.
E. The principal or designee at each school must report all suspensions and expulsions, including the behavioral violation that led to the suspension or expulsion, to the Superintendent or designee within twenty-four (24) hours after the administration of the discipline.
F. An expulsion or suspension of a student may not be for an indefinite period and must have an end date. After suspending or expelling a student, the district will make reasonable efforts to return the student to the student’s regular educational setting as soon as possible. Additionally, the district must allow the student to petition for readmission at any time. The district will not administer any discipline in a manner that prevents a student from completing subject, grade-level, or graduation requirements.
G. When administering a suspension or expulsion, the district may deny a student admission to, or entry upon, real and personal property that the district owns, leases, rents, or controls. The district must provide an opportunity for students to receive educational services during a suspension or expulsion in accordance with WAC 392- 400-610. The district will not suspend or expel a student from school for absences or tardiness.
H. If during a suspension or expulsion the district enrolls a student in another program or course of study, the district may not preclude the student from returning to the student’s regular educational setting following the end of the suspension or expulsion, unless one of the following applies:
1. The Superintendent or designee grants a petition to extend a student’s expulsion under WAC 392-400-480;
2. The change of setting is to protect victims under WAC 392-400-810; or
3. Other law precludes the student from returning to their regular educational setting.
VII. Short-Term and In-School Suspensions – Conditions and Limitations
Before considering administering an in-school or short-term suspension, designated staff members must have first attempted one or more other forms of discipline to support the student in meeting behavioral expectations.
For students in kindergarten through fourth grade, the district will not administer inschool or short-term suspension for more than ten (10) cumulative school days during any academic term. For students in grades five through twelve, the district will not administer in-school or short-term suspension for more than fifteen (15) cumulative school days during any single semester. Additionally, the district will not administer a short-term or in-school suspension beyond the school year in which the behavioral violation occurred.
When administering an in-school suspension, school personnel will ensure they are physically in the same location as the student to provide direct supervision during the duration of the in-school suspension. Additionally, school personnel will ensure they are accessible to offer support to keep the student current with assignments and course work for all of the student’s regular subjects or classes.
In accordance with the other provisions in this procedure, the types of behavioral violations for which the district may administer a short-term or in-school suspension include the following categories of behaviors, among other behavioral violations, including those set forth in RCW 28A.600.015(6)(a)-(d):
- Arson;
- Assault;
- Being under the influence of drugs, alcohol and mind-altering substances or other violations related to such substances, including possession, sale or delivery;
- Bomb threats or false alarms that cause a disruption to the school process;
- Cheating or disclosure of exams;
- Conduct which knowingly creates a disturbance, including but not limited to: occupying a school building or school grounds in order to deprive others of its use; blocking the entrance or exit of any school building or room in order to deprive others of passing through; preventing students from attending a class or school activity; blocking normal pedestrian or vehicular traffic on a school campus; interfering seriously with the conduct of any class or activity;
- Criminal activity;
- Defaming another person;
- Destruction of property;
- Disruptive dress and appearance;
- Endangering self, other students or staff;
- Engaging in extortion, blackmail or coercion;
- Fighting including instigating, promoting, or escalating a fight, and failure to disperse from a fight, regardless of who initiated the fight;
- Gang-related activity;
- Harassment, intimidation or bullying;
- Lewd conduct;
- Lying;
- Making false statements or accusations that undermine the health, safety and security of the community;
- Refusing to cease prohibited behavior or follow the lawful instructions of school personnel;
- Sexual misconduct that could constitute sexual assault or harassment;
- Theft;
- Threats of violence or to kill another person;
- Trespassing or refusing to leave when ordered to do so;
- Verbal abuse;
- Use, possession, sale or delivery of tobacco substances including, but not limited to, cigarettes, cigars, snuff, smoking tobacco, smokeless tobacco, nicotine, electronic smoking/vapor devices and vapor products, nonprescribed inhalers, nicotine delivery devices or chemicals that are not FDAapproved to help people quit using tobacco, devices that produce the same flavor or physical effect of nicotine substances and any other smoking equipment, device, material or innovation;
- Use of motor vehicles on school property in a way that jeopardizes safety;
- Use or possession of weapons or explosives; and
- Violation of terms of suspension.
This list does not reflect all types of behavioral violations for which the district may administer discipline. The district is not required to administer a short-term or in-school suspension for the above behavioral violations and may administer appropriate discipline as allowed in this procedure after consideration of the individual circumstances involved.
VIII. Long-Term Suspensions and Expulsions – Conditions and Limitations
A. Imposition of Long-Term Suspensions and Expulsions:
Before administering a long-term suspension or expulsion, district personnel must consider other forms of discipline to support the student in meeting behavioral expectations. The district must also consider the other general conditions and limitations listed above.
The district may determine that long-term suspension or expulsion is appropriate only for behavioral violations that meet the definitions provided under RCW 28A.600.015(6)(a)-(d) set forth below:
1. Having a firearm on school property or school transportation in violation of RCW 28A.600.420;
2. Any of the following offenses listed in RCW 13.04.155, including:
a. Any violent offense as defined in RCW 9.94A.030
b. Any felony that Washington law defines as a class A felony or an attempt, criminal conspiracy, or solicitation to commit a Class A felony;
c. Manslaughter;
d. Indecent liberties committed by forcible compulsion;
e. Kidnapping;
f. Arson;
g. Assault in the second degree;
h. Assault of a child in the second degree;
i. Robbery;
j. Drive-by shooting; and
k. Vehicular homicide or vehicular assault caused by driving a vehicle while under the influence of intoxicating liquor or any drug, or by operating a vehicle in a reckless manner;
3. Any sex offense as defined in RCW 9.94A.030, which includes any felony violation of chapter 9A.44 RCW (other than failure to registered as a sex offender in violation of 9A.44.132), including rape, rape of a child, child molestation, sexual misconduct with a minor, indecent liberties, voyeurism, and any felony conviction or adjudication with a sexual motivation finding;
4. Unlawful possession or delivery , or both , of a controlled substance violation of chapter 69.50 RCW;
5. Any weapons violation of chapter 9.41 RCW, including having a dangerous weapon at school in violation of RCW 9.41.280;
6. Two or more violations of the following within a three-year period: (a) Criminal gang intimidation in violation of RCW 9A.46.120, (b) Gang activity on school grounds in violation of RCW 28A.600.455; (c) Willfully disobeying school administrative personnel in violation of RCW 28A.635.020; and (d) Defacing or injuring school property in violation of RCW 28A.635.060.
7. Any student behavior that adversely impacts the health or safety of other students or educational staff. As used in this policy, the district defines the phrase “student behavior that adversely impacts the health or safety of other students or educational staff” as including, but not limited to, the following examples:
a. Criminal acts; inconsistent with medical directives;
b. The commission or conspiracy to commit physical or verbal intimidation;
c. Behavior that constitutes harassment, intimidation and bullying under Policy 3207 where such acts adversely impact health and safety as determined by district administration;
d. An act (or acts) of theft where such acts adversely impact health and safety as determined by district administration; and
e. Student behavior constitutes a substantial and ongoing disruption to the educational process or environment and adversely impacts the health and safety of other students and educational staff.
The district may only administer long-term suspension or expulsion after determining that the student would pose an imminent danger to others or, in the case of long-term suspension, an imminent threat of material and substantial disruption of the educational process should they return to school before an imposed length of exclusion.
B. Duration of Long-Term Suspensions and Expulsions:
A long-term suspension will not exceed the length of an academic term, as defined by the School Board. A long-term suspension may not be administered beyond the school year in which the behavioral violation occurred. An expulsion may not exceed the length of an academic term, unless the Superintendent grants a petition to extend the expulsion per the procedure set forth in the section below titled Petition for Extension of Expulsion.
An expulsion may be administered beyond the school year in which the behavioral violation occurs.
In accordance with RCW 28A.600.420, a school district must expel a student for no less than one year if the district has determined that the student has carried or possessed a firearm on school premises, school-provided transportation, or areas of facilities while being used exclusively by public schools. The Superintendent may modify the expulsion on a case-by-case basis.
A school district may also suspend or expel a student for up to one year if the student acts with malice (as defined under RCW 9A.04.110) and displays an instrument that appears to be a firearm on school premises, school-provided transportation, or areas of facilities while being used exclusively by public schools. These provisions do not apply to students while engaged in a district authorized military education; a district authorized firearms convention or safety course; or district authorized rifle competition.
Except for a firearm violation under WAC 392-400-820, the district will not impose a long-term suspension or an expulsion for any student in kindergarten through fourth grade.
If a long-term suspension or expulsion may exceed ten (10) days, the district will consider whether the student is currently eligible or might be deemed eligible for special education services. If so, the principal will notify relevant special education staff of the suspension or expulsion so that the district can ensure it follows policy and procedure 2161 – Special Education and Related Services for Eligible Students as well as this student discipline policy and procedure.
After suspending or expelling a student, the district will make reasonable efforts to return the student to the student’s regular educational setting as soon as .
C. Suspensions and Expulsions – Notice
Before administering any suspension or expulsion, the district will attempt to notify the student’s parent(s)/guardian(s) as soon as reasonably possible regarding the behavioral violation and the principal or designee will conduct an informal initial hearing with the student to hear the student’s perspective.
At the initial hearing, the principal or designee must provide the student an opportunity to contact their parent(s)/guardian(s), or, in the case of long-term suspension or expulsion, the principal or designee must make a reasonable attempt to contact their parent(s)/guardian(s) to provide an opportunity for the parents/guardian(s) to participate in the initial hearing in person or by telephone. The district must hold the initial hearing in a language the student and parent(s)/guardian(s) understand.
At the initial hearing, the principal or designee will provide the student:
- Notice of the student’s violation of this policy;
- An explanation of the evidence regarding the behavioral violation;
- An explanation of the discipline that may be administered; and
- An opportunity for the student to share their perspective and provide explanation regarding the behavioral violation.
Following the initial hearing, the principal or designee will inform the student of the disciplinary decision regarding the behavioral violation, including the date when any suspension or expulsion will begin and end.
No later than one (1) school business day following the initial hearing with the student, the district will provide written notice of the suspension or expulsion to the student and parent(s)/guardian(s) in person, by mail, or by email in a language and form the student and parent(s)/guardian(s) will understand. The written notice must include:
a. A description of the student’s behavior and how the behavior violated this policy;
b. The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end;
c. The other forms of discipline that the district considered or attempted, and an explanation of the district’s decision to administer the suspension or expulsion;
d. The opportunity to receive educational services during the suspension or expulsion;
e. The right of the student and parent(s)/guardian(s) to an informal conference with the principal or designee;
f. The right of the student and parent(s)/guardian(s) to appeal the suspension or expulsion; and
g. For any long-term suspension or expulsion, the opportunity for the student and parent(s)/guardian(s) to participate in a re-engagement meeting.
IX. Emergency Expulsions -Conditions and Limitations
A. Imposition of an Emergency Expulsion:
The district may immediately remove a student from the student’s current school placement, subject to the following requirements.
The district must have sufficient cause to believe that the student’s presence poses:
1. An immediate and continuing danger to other students or school personnel; or
2. An immediate and continuing threat of material and substantial disruption of the educational process.
The district may not impose an emergency expulsion solely for investigating student conduct.
For purposes of determining sufficient cause for an emergency expulsion, the phrase “immediate and continuing threat of material and substantial disruption of the educational process” means:
1. The student’s behavior results in an extreme disruption of the educational process that creates a substantial barrier to learning for other students across the school day; and
2. School personnel have exhausted reasonable attempts at administering other forms of discipline to support the student in meeting behavioral expectations.
B. Duration of an Emergency Expulsion:
An emergency expulsion may not exceed ten (10) consecutive school days. An emergency expulsion must end or be converted to another form of discipline within ten (10) school days from its start.
If the district converts an emergency expulsion to a suspension or expulsion, the district must:
a. Apply any days the student was emergency expelled before the conversion to the total length of the suspension or expulsion; and
b. Provide the student and parent/guardian with notice and due process rights under WAC 392-400-430 through 392-400-480 appropriate to the new disciplinary action.
All emergency expulsions, including the reason the student’s presence poses an immediate and continuing danger to other students or school personnel, must be reported to the Superintendent or designee within twenty-four (24) hours after the start of the emergency expulsion.
C. Notice Requirements for Emergency Expulsions:
After an emergency expulsion, the district must attempt to notify the student’s parent/guardian, as soon as reasonably possible, regarding the reason the district believes the student’s presence poses an immediate and continuing danger to other students or school personnel, or an immediate and continuing threat of material and substantial disruption of the educational process.
Within twenty-four (24) hours after an emergency expulsion, the district will provide written notice to the student and parent/guardian in person, by mail, or by email. The written notice must include:
1. The reason the student’s statements or behaviors pose an immediate and continuing danger to students or school personnel, or poses an immediate and continuing threat of material and substantial disruption of the educational process;
2. The duration and conditions of the emergency expulsion, including the date on which the emergency expulsion will begin and end;
3. The opportunity to receive educational services during the emergency expulsion;
4. The right of the student and parent/guardian to an informal conference with the principal or designee; and
5. The right of the student and parent/guardian to appeal the emergency expulsion, including where and to whom the appeal must be requested.
X. Appeal and Reconsideration of Suspensions and Expulsions
The following procedures apply to the appeal and review and reconsideration of shortterm suspensions, long-term suspensions, expulsions and emergency expulsions.
A. Optional Informal Conference with Principal for all Suspensions and Expulsions
If a student or the parent/guardian disagree with the district’s decision to suspend, expel or emergency expel the student, the student or parent/guardian may request an informal conference orally or in writing with the principal or designee to resolve the disagreement.
The principal or designee must hold the conference within three (3) school business days after receiving the request, unless otherwise agreed to by the student and parent/guardian.
During the informal conference, the student and parent/guardian will have the opportunity to share the student’s perspective and explanation regarding the behavioral violation and the events that led to the exclusion. The student and parent/guardian will also have the opportunity to confer with the principal or designee and school personnel involved in the incident that led to the suspension or expulsion and discuss other forms of discipline that may be administered.
An informal conference will not limit the right of the student or parent/guardian to appeal the suspension, expulsion or emergency expulsion, or to participate in a reengagement meeting, or petition for readmission.
B. Appeals of all Suspensions and Expulsions
A student or parent/guardian may appeal a suspension, expulsion or emergency expulsion to the Superintendent or designee orally or in writing.
Timing: For suspensions or expulsions, the request for appeal must be made within five (5) school business days from when the district provided the student and parent/guardian with written notice.
For emergency expulsions, the request for appeal must be made within three (3) school business days from when the district provided the student and parent/guardian with written notice.
C. Appeal of In-School and Short-term Suspensions:
Process: The Superintendent or designee will provide the student and parent/guardian the opportunity to share the student’s perspective and explanation regarding the behavioral violation giving rise to the short-term suspension orally or in writing.
Decision: The Superintendent or designee must deliver a written appeal decision to the student and parent/guardian in person, by mail, or by email within two (2) school business days after receiving the appeal. The written decision must include:
1. The decision to affirm, reverse, or modify the suspension;
2. The duration and conditions of the suspension, including the beginning and ending dates;
3. The educational services the district will offer during the suspension; and
4. Notice of the student and parents’/guardians’ right to request review and reconsideration of the appeal decision, including where and to whom to make such a request.
D. Appeal of Long-Term Suspensions, Expulsions or Emergency Expulsions
Notice: For long-term suspensions, expulsions or emergency expulsions, the Superintendent or designee will provide the student and parent/guardian written notice in person, by mail, or by email, within one (1) school business day after receiving the appeal request, unless the parties agree to a different timeline. Written notice will include:
1. The time, date, and location of the appeal hearing;
2. The name(s) of the official(s) presiding over the appeal;
3. The right of the student and parent/guardian to inspect the student’s education records;
4. The right of the student and parent/guardian to inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the hearing;
5. The rights of the student and parent/guardian to be represented by legal counsel at the student and parents’/guardians’ own expense; question witnesses; share the student’s perspective and explanation; and introduce relevant documentary, physical, or testimonial evidence; and
6. For long-term suspensions and expulsions, whether the district will offer a reengagement meeting before the appeal hearing. The student, parent/guardian and district may agree to hold such meeting and develop a reengagement plan before the appeal hearing. The student, parent/guardian, and district may mutually agree to postpone the appeal hearing while participating in the reengagement process.
Timing: For long-term suspensions or expulsions, the district will hold an appeal hearing within three (3) school business days after the Superintendent or designee received the appeal request, unless otherwise agreed to by the student and parent/guardian.
For emergency expulsions, the district will hold an appeal hearing within two (2) school business days after the Superintendent or designee received the appeal request, unless otherwise agreed to by the student and parent/guardian.
Hearing Procedures: The appeal hearing will be conducted by a hearing officer designated by the Superintendent to hear and decide appeals pursuant to this procedure. The hearing officer will not have been involved in the student’s behavioral violation or decision to suspend or expel the student and will be knowledgeable about the discipline rules and the district’s discipline policies and procedures.
A hearing to appeal a long-term suspension or expulsion or emergency expulsion is a quasi-judicial process exempt from the Open Public Meetings Act (OPMA). To protect the privacy of student(s) and others involved, the district will hold hearing without public notice and without public access unless the student(s) and/or the parent(s)/guardian(s) or their counsel requests an open hearing. Regardless of whether the hearing is open or closed, the district will make reasonable efforts to comply with the Family Educational Rights and Privacy Act (FERPA) concerning confidentiality of student education records.
When students are charged with violating the same rule and have acted in concert and the facts are essentially the same for all students, a single hearing may be conducted for them if the hearing officer believes that the following conditions exist:
- A single hearing will not likely result in confusion; and
- No student will have their interest substantially prejudiced by a group hearing.
If the official presiding over the hearing finds that a student’s interests will be substantially prejudiced by a group hearing, the presiding official may order a separate hearing for that student. The parent and student have the right to petition for an individual hearing.
Upon request, the student, parent/guardian or their legal representative and district may inspect any documentary or physical evidence and list of any witnesses that will be introduced at the appeal hearing. This information will be made available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.
Upon request, the student and parent/guardian may review the student’s education records. The district will make the records available as soon as reasonably possible, but no later than the end of the school business day before the appeal hearing.
If a witness for the district cannot or does not appear at the appeal hearing, the presiding official may excuse the witness’ nonappearance if the district establishes that:
1. The district made a reasonable effort to produce the witness; and
2. The witness’ failure to appear is excused by fear of reprisal or another compelling reason.
At the hearing, the student and parent/guardian have the right to be represented by legal counsel at the student and parents’/guardians’ own expense; question witnesses; share the student’s perspective and provide explanation regarding the behavioral violation; and introduce relevant documentary, physical or testimonial evidence.
Recording: The district will record the appeal hearing by manual, electronic, or other type of recording device and upon request of the student or parent/guardian provide them a copy of the recording.
Decision: For appeals of long-term suspensions or expulsions, the presiding official(s) must base the decision solely on the evidence presented at the hearing. The presiding official(s) will provide a written decision to the student and parent/guardian in person, by mail, or by email within three (3) school business days after the appeal hearing. The written decision must include:
1. The findings of fact;
2. A determination whether (a) the student’s behavior violated district policy; (b) the behavioral violation reasonably warrants the suspension or expulsion and the length of the suspension or expulsion; and (c) the suspension or expulsion is affirmed, reversed, or modified;
3. The duration and conditions of suspension or expulsion, including the beginning and ending dates;
4. Notice of the right of the student and parent/guardian to request a review and reconsideration of the appeal decision. The notice will include where and to whom to make such a request; and
5. Notice of the opportunity for a reengagement meeting and contact information for the person who will schedule the meeting.
For emergency expulsion, the district will provide a written decision to the student and parent/guardian in person, by mail, or by email within one (1) school business day after the appeal hearing. The written decision must include:
1. The findings of fact;
2. A determination whether the student’s statements or behaviors continue to pose (a) an immediate and continuing danger to students or school personnel; or (b) an immediate and continuing threat of material and substantial disruption of the educational process;
3. Whether the district will end the emergency expulsion or convert the emergency expulsion to a suspension or expulsion. If the district converts the emergency expulsion to a suspension or expulsion, the district will provide the student and parent/guardian notice and due process consistent with the disciplinary action to which the emergency expulsion was converted; and
4. Notice of the right of the student and parent/guardian to request a review and reconsideration of the appeal decision. The notice will include where and to whom to make such a request.
Discipline Pending Appeal: When an appeal for long-term suspension or expulsion is pending, the district may continue to administer the long-term suspension or expulsion during the appeal process, subject to the following requirements:
1. The suspension or expulsion is administered for no more than ten (10) consecutive school days from the initial hearing or until the appeal is decided, whichever is earlier;
2. The district will apply any days of suspension or expulsion occurring before the appeal is decided to the term of the student’s suspension or expulsion and may not extend the term of the student’s suspension or expulsion; and
3. If the student returns to school before the appeal is decided, the district will provide the student an opportunity to make up assignments and tests missed during the suspension or expulsion upon the student’s return.
E. Reconsideration of Appeal for all Suspensions, Expulsions or Emergency Expulsion
The student or parent/guardian may request the School Board review and reconsider the district’s appeal decision for all suspensions and expulsions and emergency expulsions. This request may be either orally or in writing.
Timing: For suspensions or expulsions, the student or parent/guardian must request review within ten (10) school business days from when the district provided the student and parent/guardian with the written appeal decision.
For emergency expulsions, the student or parent/guardian must request a review within five (5) school business days from when the district provided the student and parent/guardian with the written appeal decision.
Process: In reviewing the district’s decision, the School Board must consider all documentary and physical evidence from the appeal hearing related to the behavioral violation; any records from the appeal hearing; relevant state law; and the district’s discipline policies and procedures. Any meeting of the Board to review the district’s decision is quasi-judicial in nature and not subject to the Open Public Meetings Act.
The School Board may request to meet with the student and parent/guardian, the principal, witnesses, and/or school personnel to hear further arguments and gather additional information. The decision of the School Board will be made only by Board members who were not involved in (a) the behavioral violation; (b) the decision to suspend or expel the student; or (c) the appeal decision.
Decision: For review of suspensions or expulsions, the School Board will provide a written decision to the student and parent/guardian in person, by mail, or by email within ten (10) school business days after receiving the request for review and reconsideration. The written decision must identify:
1. Whether the School Board affirms, reverses, or modifies the suspension or expulsion;
2. The duration and conditions of the suspension or expulsion, including the beginning and ending dates of the suspension or expulsion; and
3. For long-term suspensions and expulsions, notice of the opportunity to participate in a re-engagement meeting.
For review of emergency expulsions, the School Board will provide a written decision to the student and parent/guardian in person, by mail, or by email within five (5) school business days after receiving the request for review and reconsideration. The written decision must identify:
1. Whether the School Board affirms or reverses the district’s decision that the student’s statements or behaviors posed (a) an immediate and continuing danger to students or school personnel; or (b) an immediate and continuing threat of material and substantial disruption of the educational process.
2. If the emergency expulsion has not yet ended or been converted, whether the district will end the emergency expulsion or convert the emergency expulsion to a suspension or expulsion. If the district converts the emergency expulsion to a suspension or expulsion, the district will provide the student and parents’/guardians’ notice and due process under WAC 392-400-430 through 392-400-480 consistent with the disciplinary action to which the emergency expulsion was converted.
XI. Petition to Extend an Expulsion
A. When risk to public health or safety warrants extending a student’s expulsion, the principal or designee may petition the Superintendent or designee for authorization to exceed the academic term limitation on an expulsion. The petition must inform the Superintendent or designee of:
- The behavioral violation that resulted in the expulsion and the public health or safety concerns;
- The student’s academic, attendance, and discipline history;
- Any nonacademic supports and behavioral services the student was offered or received during the expulsion;
- The student’s academic progress during the expulsion and the educational services available to the student during the expulsion;
- The proposed extended length of the expulsion; and
- The student’s reengagement plan.
The principal or designee may petition to extend an expulsion only after the development of a reengagement plan under WAC 392-400-710 and before the end of the expulsion. For violations of WAC 392-400-820 involving a firearm on school premises, school-provided transportation, or areas of facilities while being used exclusively by public schools, the principal or designee may petition to extend an expulsion at any time.
B. Notice
The district will provide written notice of a petition to the student and parent(s) in person, by mail, or by email within one (1) school business day from the date the Superintendent or designee received the petition. The written notice must include:
- A copy of the petition;
- The right of the student and parent(s) to an informal conference with the Superintendent or designee to be held within five (5) school business days from the date the district provided written notice to the student and parent(s); and
- The right of the student and parent(s) to respond to the petition orally or in writing to the Superintendent or designee within five (5) school business days from the date the district provided the written notice.
C. The Superintendent or designee may grant the petition only if there is substantial evidence that, if the student were to return to the student’s previous school of placement after the length of an academic term, the student would pose a risk to public health or safety. The Superintendent or designee must deliver a written decision to the principal, the student, and the student’s parent(s)/guardian(s) in person, by mail, or by email within ten (10) school business days after receiving the petition.
If the Superintendent or designee does not grant the petition, the written decision must identify the date when the expulsion will end.
If the Superintendent or designee grants the petition, the written decision must include: • The date on which the extended expulsion will end;
- The reason that, if the student were to return before the initial expulsion end date, the student would pose a risk to public health or safety; and
- Notice of the right of the student and parent(s) to request a review and reconsideration. The notice will include where and to whom to make such a request;
D. Review and Reconsideration of extension of expulsion
The student or parent(s)/guardian(s) may request that the School Board review and reconsider the decision to extend the student’s expulsion. The student or parent(s)/guardian(s) may request the review orally or in writing within ten (10) school business days from the date the Superintendent or designee provides the written decision.
The School Board may request to meet with the student or parent(s)/guardian(s) or the principal to hear further arguments and gather additional information.
The decision of the School Board may be made only Board members who were not involved in the behavioral violation, the decision to expel the student, or the appeal decision.
The School Board will provide a written decision to the student and parent(s)/guardian(s) in person, by mail, or by email within ten (10) school business days after receiving the request for review and reconsideration. The written decision must identify:
- Whether the School Board affirms, reverses, or modifies the decision to extend the student’s expulsion; and
- The date when the extended expulsion will end.
Any extension of an expulsion may not exceed the length of an academic term. The district will annually report the number of petitions approved and denied to the Office of Superintendent of Public Instruction (OSPI).
XII. Educational Services During Suspension, Expulsion or Emergency Expulsion
The district will offer educational services to enable a student who is suspended, expelled or emergency expelled that allow the student to:
1. Continue to participate in the general education curriculum;
2. Meet the educational standards established within the district; and
3. Complete subject, grade-level, and graduation requirements.
When providing a student, the opportunity to receive educational services during exclusionary discipline, the school must consider:
1. Meaningful input from the student, parent/guardian, and the student’s teachers;
2. Whether the student’s regular educational services include English language development services, special education, accommodations and related services under Section 504 of the Rehabilitation Act of 1973, or supplemental services designed to support the student’s academic achievement; and
3. Access to any necessary technology, transportation, or resources the student needs to participate fully in the educational services.
The district may provide educational services in an alternative setting or modify the suspension or expulsion on a case-by-case basis. An alternative setting should be comparable, equitable, and appropriate to the regular educational services a student would have received in the absence of exclusionary discipline.
As soon as reasonably possible after administering a suspension or expulsion, the district will provide written notice to the student and parent/guardian about the educational services the district will provide. The notice will include a description of the educational services and the name and contact information of the school personnel who can offer support to keep the student current with assignments and course work.
For students’ subject to suspension or emergency expulsion up to five (5) days, the district will provide:
1. Course work, including any assigned homework, from all of the student’s regular subjects or classes;
2. Access to school personnel who can offer support to keep the student current with assignments and course work for all of the student’s regular subjects or classes; and
3. An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency expulsion.
For students’ subject to suspension or emergency expulsion for six (6) to ten (10) consecutive school days, a school must provide at least the following:
1. Course work, including any assigned homework, from all of the student’s regular subjects or classes;
2. An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency expulsion; and
3. Access to school personnel who can offer support to keep the student current with assignments and course work for all of the student’s regular subjects or classes. School personnel will make a reasonable attempt to contact the student or parent/guardian within three (3) school business days following the start of the suspension or emergency expulsion and periodically thereafter until the suspension or emergency expulsion ends to:
a. Coordinate the delivery and grading of course work between the student and the student’s teacher(s) at a frequency that would allow the student to keep current with assignments and course work for all of the student’s regular subjects or classes; and
b. Communicate with the student, parent/guardian, and the student’s teacher(s) about the student’s academic progress.
For students’ subject to expulsion or suspension for more than ten (10) consecutive school days, the district will provide educational services in accordance with WAC 392- 121-107.
XIII. Readmission
The readmission process is different from and does not replace the appeal process. Students who have been suspended or expelled may make a written request for readmission to the district at any time. If a student desires to be readmitted at the school from which the student has been suspended/expelled, the student will submit a written application to the principal, who will recommend admission or non-admission. If a student wishes admission to another school, the student will submit the written application to the Superintendent or designee. The application will include:
The reasons the student wants to return and why the request should be considered;
Any evidence that supports the request; and • A supporting statement from the parent or others who may have assisted the student.
The Superintendent or designee will advise the student and parent of the decision within seven (7) school days of the receipt of such application.
XIV. Reengagement Plan
After imposing a long-term suspension or expulsion, the district will collaborate with the student and parent(s)/guardian(s) to develop a culturally sensitive and culturally responsive re-engagement plan tailored to the student’s individual circumstances to support the student in successfully returning to school. In developing a re-engagement plan, the district must consider:
The nature and circumstances of the incident that led to the student’s suspension or expulsion;
As appropriate, students’ cultural histories and contexts, family cultural norms and values, community resources, and community and parent outreach;
Shortening the length of time that the student is suspended or expelled;
Providing academic and nonacademic supports that aid in the student’s academic success and keep the student engaged an on track to graduate; and
Supporting the student parent(s)/guardian(s), or school personnel in taking action to remedy the circumstances that resulted in the suspension or expulsion and preventing similar circumstances from recurring.
A re-engagement meeting must be held:
a. Within twenty (20) calendar days of the start of the student’s long-term suspension or expulsion, but no later than five (5) calendar days before the student returns to school; or
b. As soon as reasonably possible, if the student or parent(s)/guardian(s) request a prompt re-engagement meeting.
The district must document the re-engagement plan and provide a copy of the plan to the student and parents. The district must ensure that both the re-engagement meeting and the re-engagement plan are in a language the student and parents understand.
XV. Behavior Agreements The district authorizes administrators, principals and vice-principals to enter into behavior agreements with students and a parent/guardian in response to behavioral violations, including agreements to reduce the length of a suspension conditioned on participation in treatment services, agreements in lieu of suspension or expulsion, or agreements holding a suspension or expulsion in abeyance. Behavior agreements will also describe district actions planned to support students in meeting behavioral expectations. Behavior agreements may be supplemental to but will not replace best practices and strategies implemented at the classroom level to support students in meeting behavioral expectations. Behavioral agreements entered into with student’s and parent(s)/guardian(s) under this section may not replace or negate provisions within a student’s Individual Education Plan (IEP), 504 Plan, or Behavioral Intervention Plan (BIP). The district will provide any behavior agreement in a language and form the student and parent(s)/guardian(s) understand, which may require language assistance for student and parents with limited English proficiency under Title VI of the Civil Rights Act of 1964.
Any behavior agreement entered with a student does not waive that student’s opportunity to participate in a reengagement meeting or to receive educational services during the period of suspension or expulsion. Behavior agreements will not exceed the length of an academic term and will not preclude the district from administering discipline for behavioral violations that occur after the district enters into a behavior agreement with the student and parent(s)/guardian(s).
Among other behavioral violations, the district may, but is not required to, enter behavior agreements with students and parents/guardians related to tobacco, drug and alcohol offenses.
XVI. Exceptions for the Purpose of Protecting Victims
The district may preclude a student from returning to the student’s regular educational setting following the end date of a suspension or expulsion to protect victims of certain offenses as follows:
1. A student committing an offense under RCW 28A.600.460(2), when the activity is directed toward a teacher, will not be assigned to that teacher’s classroom for the duration of the student’s attendance at that school or any other school where the teacher is assigned;
2. A student who commits an offense under RCW 28A.600.460(3), when directed toward another student, may be removed from the classroom of the victim for the duration of the student's attendance at that school or any other school where the victim is enrolled.
Revision Dates: July 29, 1992, July 2, 1996, November 12, 1997, May 27, 1998, July 26, 2006, January 14, 2009, August 24, 2016, July 11, 2018, August 28, 2019, August 24, 2022
Procedure 3241P- Student Discipline Procedures
Procedure 3241P- (Spanish)- Student Discipline Procedures
Procedure 3241P- (Russian)- Student Discipline Procedures
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Closed Campus- 3242
Students shall remain on school grounds from time of arrival until close of school, unless officially excused.
A principal may request an exemption to the closed campus policy through the superintendent to the board. Such exemption would need to be granted on an annual basis.
Adoption Date: June 24, 1992
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Social Events- 3243
The board recognizes the value of student social events in enhancing and enriching the school experience for the children of this district.
The principal shall have authority to schedule appropriate school facilities and to provide appropriate staff for the conduct of social events. School-sponsored social events, which take place outside school facilities, must be approved by the superintendent.
Students shall be held responsible for compliance with rules set forth in advance for this event, and infractions of those rules shall be subject to the same corrective action or punishment as is applied during the regular school program.
The principal shall be responsible for the formulation of rules and procedures governing the conduct and safety of all participants.
Adoption Date: June 24, 1992
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Restraint, Isolation and Other Uses of Reasonable Force- 3246
It is the policy of the Snohomish School District that the district maintains a safe learning environment while treating all students with dignity and respect. All students in the district, including those who have an individualized education plan (IEP) or a plan developed under Section 504 of the Rehabilitation Act of 1973, will remain free from unreasonable restraint, restraint devices, isolation, and other uses of physical force. Under no circumstance will these techniques be used as a form of discipline or punishment.
This policy is intended to address district students. It is not intended to prevent or limit the use of restraint or other reasonable force as necessary with adults or other youth from outside the district as allowed by law.
Use of restraint, isolation, and other forms of reasonable force may be used on a student when reasonably necessary to control spontaneous behavior that poses an “imminent likelihood of serious harm” as defined by RCW 70.96B.010 and Chapter 392-172A WAC, and explained in the procedure accompanying this policy. Serious harm includes physical harm to self, another, or district property. Staff will closely monitor such actions to prevent harm to the student and will use the minimum amount of restraint and isolation appropriate to protect the safety of students and staff. The restraint, isolation, and other forms of reasonable force will be discontinued when the likelihood of serious harm has dissipated.
The district’s Superintendent or designee will develop procedures to implement this policy, including review, reporting and parent/guardian notification of incidents involving restraint or isolation as required by law.
Cross References:
- Policy 2161 Special Education and Related Services for Eligible Students
- Policy 2162 Education of Students with Disabilities Under Section 504 of the Rehabilitation Act of 1973
- Policy 4220 Complaints Concerning Staff or Programs
Legal References:
- RCW 9A.16.020 Use of force – When lawful
- RCW 9A.16.100 Use of force on children – Policy – Actions presumed unreasonable RCW 28A.150.300 Corporal Punishment Prohibited – Adoption of Policy
- RCW 28A.155.210 Use of restraint or isolation – Requirement for procedures to notify parent or guardian
- RCW 28A.600.485 Restraint of students with individualized education programs or plans developed under section 504 of the rehabilitation act of 1973 – Procedures – Summary of incidents of isolation or restraint – Publishing to web site. [as amended by SHB 1240]
Classification: Essential
Adoption Date: June 25, 2014
Revision Date: January 13, 2016, January 25, 2017, January 13, 2021
Policy 3246- Restraint, Isolation and Other Uses of Reasonable Force
Policy 3246- (Spanish)- Restraint, Isolation and Other Uses of Reasonable Force
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Restraint, Isolation and Other Uses of Reasonable Force Procedures- 3246P
This procedure is intended to apply whenever it is deemed reasonably necessary by district staff to control spontaneous behavior that poses an imminent likelihood of serious harm. This procedure is intended to be interpreted consistent with the requirements of RCW 28A.600.485, RCW 9A.16.020, RCW 9A.16.100, RCW 28A.160.300, RCW 28A.155.210, and for students with an IEP, consistent with the regulations of Chapter 392-172A-WAC.
Definitions
a. Behavioral intervention plan: A plan incorporated into a student’s Individualized Education Program (IEP), which at a minimum describes:
1) The pattern of behavior that impedes the student’s learning or the learning of others;
2) The instruction and/or environmental conditions or circumstances that contribute to the pattern of behavior(s) being addressed by the IEP team;
3) The positive behavioral interventions and supports to:
i) Reduce the pattern of behavior(s) that impedes the student’s learning or the learning of others and increases the student’s desired prosocial behaviors;
ii) Ensure the consistency of the implementation of the positive behavioral interventions across the student’s school-sponsored instruction or activities; and
iii) The skills that will be taught and monitored as alternatives to challenging behavior(s) for a specific pattern of behavior of the student.
b. De-escalation: The use of positive behavioral interventions and other districtapproved strategies to defuse a student who has lost self-control, is non-compliant or is demonstrating unacceptable behavior. These strategies address behavior that is dangerous, disruptive or otherwise impedes the learning of a student or others.
c. Imminent: The state or condition of being likely to occur at any moment or near at hand, rather than distant or remote.
d. Isolation: Restricting a student alone within a room or any other form of enclosure, from which the student may not leave. It does not include a student’s voluntary use of a quiet space for self-calming, or temporary removal of a student from the student’s regular instructional area to an unlocked area for purposes of carrying out an appropriate positive behavior intervention plan.
e. Likelihood of serious harm:
1) A substantial risk that physical harm will be inflicted by a student:
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- Upon the student’s person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;
- Upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm;
- Upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or
- After the student has threatened the physical safety of another and has a history of one or more violent acts.
f. Physical force: The use of bodily force or physical restriction that substantially immobilizes or reduces the free movement of a student.
g. Positive behavioral interventions: Strategies and instruction that can be implemented in a systematic manner in order to provide alternatives to challenging behaviors, reinforce desired behaviors, and reduce or eliminate the frequency and severity of challenging behaviors. Positive behavioral interventions include the consideration of environmental factors that may trigger challenging behaviors and teaching a student the skills to manage the student’s own behavior.
h. Restraint: Physical intervention or force used to control a student, including the use of a restraint device to restrict a student’s freedom of movement. It does not include appropriate use of a prescribed medical, orthopedic, or therapeutic device when used as intended, such as to achieve proper body position, balance, or alignment, or to permit a student to safely participate in activities.
i. Restraint device: A device generally used to assist in controlling a student, including, but not limited to metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, pepper spray, tasers, or batons. Restraint device does not mean a seat harness used to safely transport students, or other safety devices including safety belts for wheelchairs, changing tables, booster seats, and other ambulatory or therapeutic devices when used for the purpose intended for the safety of a student. This definition is consistent with RCW 28A.600.485 (1)(c), and it is not intended to endorse or encourage the use of such devices or techniques with district students.
j. School resource officer: A commissioned law enforcement officer who provides law enforcement services and may perform other duties for the district and is assigned by the employing police department or agency to work in collaboration with the district.
k. School security officer: A classified or contracted school district employee other than a school resource officer who provides security services in the district under the direction of a school administrator.
General use of restraint, isolation, or other forms of reasonable force:
a. Restraint, isolation, or other forms of reasonable force may be used to prevent or minimize imminent bodily harm to self or others, or if de-escalation or other positive behavioral interventions fail or are inappropriate, to protect district property, where there is an “imminent likelihood of such serious harm” occurring, as define above.
b. Restraint, isolation, or other forms of reasonable physical force may be used when a student has caused a substantial loss or damage to the property of others, and the student’s behavior poses a substantial risk that such property damage will be inflicted.
c. Restraint devices may be used as needed to obtain possession of a known or reasonably suspected weapon or other dangerous object on a person or within the control of a person.
d. An IEP or plan developed under Section 504 of the Rehabilitation Act of 1973 must not include the use of restraint or isolation as a planned behavior intervention unless a student’s individual needs require more specific advanced education planning and the student’s parent or guardian agrees. Nothing in these procedures is intended to limit the provision of a free appropriate public education (FAPE) under Part B of the Individuals with Disabilities Act (IDEA) or Section 504 of the Rehabilitation Act of 1973.
e. Restraint, isolation, or other forms of reasonable physical force will not be used as a form of discipline or punishment.
f. Restraint, isolation, or other forms of reasonable physical force will not be used as an initial response to destruction of property, school disruption, refusal of the student to comply with school rules or a staff directive; or a verbal threat that does not constitute a threat of imminent bodily injury, unless other forms of de-escalation and positive behavioral interventions fail or are inappropriate.
g. Restraint, isolation, or other forms of reasonable physical force should not be used as an intervention if the school employee, school resource officer or school security officer knows that the student has a health condition or physical problem and the condition or problem would be exacerbated by the use of such techniques.
Practices presumed to be unreasonable when correcting or restraining any child (RCW 9A.16.100):
Under RCW 9A.16.100, the following is a non-exclusive list of acts that are presumed unreasonable when correcting or restraining a child:
a. Throwing, kicking, burning, or cutting a child
b. Striking a child with a closed fist;
c. Shaking a child under age three;
d. Interfering with a child’s breathing;
e. Threatening a child with a deadly weapon; or
f. Doing any other act that is likely to cause bodily harm to a student greater than transient pain or minor temporary marks.
This non-exclusive list should not be read so as to imply that another, unlisted form of correction or restraint is permissible. Whether or not an unlisted use of force or restraint is permissible depends upon a balanced consideration of all relevant state laws and regulations, and whether the use is reasonable under the totality of the circumstances.
Conditions specific to use of isolation with students (consistent with WAC 392-172A-02110):
a. The isolation must be discontinued as soon as the likelihood of serious harm has dissipated.
b. The isolation enclosure will be ventilated, lighted and temperature controlled from inside or outside for purposes of human occupancy.
c. The isolation enclosure will permit continuous visual monitoring of the student from outside the enclosure.
d. An adult responsible for supervising the student will remain in visual or auditory range of the student at all times.
e. Either the student is capable of releasing himself or herself from the enclosure, or the student will continuously remain within view of an adult responsible for supervising the student.
f. Any staff member or other adults using isolation must be trained and certified by a qualified provider in the use of isolation, unless trained personnel are not immediately available due to the unforeseeable nature of the emergency.
Conditions specific to the use of restraint and restraint devices for students (consistent with WAC 392-172A-02110):
a. The use of restraint is subject to the following conditions:
i. The restraint must be discontinued as soon as the likelihood of serious harm has dissipated.
ii. The restraint must not interfere with the student's breathing.
iii. Any staff member or other adults using a restraint must be trained and certified by a qualified provider in the use of such restraints, unless trained personnel are not immediately available due to the unforeseeable nature of the emergency.
b. The use of a restraint device is subject to the following conditions:
i. The restraint device must be discontinued as soon as the likelihood of serious harm has dissipated.
ii. The restraint device must not interfere with the student's breathing.
iii. Either the student is capable of releasing themselves from the restraint device or the student must continuously remain within view of an adult responsible for supervising the student.
Prohibited practices involving restraint, use of force, and discipline for students (consistent with WAC 392-172A-02076):
a. District personnel are prohibited from using aversive interventions with a student;
b. District personnel are prohibited from physically restraining or isolating any student, except when the student’s behavior poses an imminent likelihood of serious harm as defined above;
c. No student may be stimulated by contact with electric current, including, but not limited to, tasers;
d. A student may not be denied or subjected to an unreasonable delay in the provision of food or liquid from when the food or liquid is customarily served;
e. A student may not be the recipient of force or restraint that is either unreasonable under the circumstances or deemed to be an unreasonable form of corporal punishment as a matter of state law;
f. A student must not be denied or subjected to an unreasonable delay in the provision of common hygiene care;
g. A student must not be denied or subjected to an unreasonable delay in the provision of medication;
h. A student may not be excluded from his or her regular instructional or service area and isolated within a room or any other form of enclosure, except under the conditions set forth in WAC 392-172A-02110;
i. A student must not be forced to listen to noise or sound that the student finds painful;
j. A student must not be forced to smell or be sprayed in the face with a noxious or potentially harmful substance;
k. A student must not be forced to taste or ingest a substance which is not commonly consumed, or which is not commonly consumed in its existing form or concentration;
l. A student’s head must not be partially or wholly submerged in water or any other liquid.
m. A student must not be physically restrained or immobilized by binding or otherwise attaching the student’s limbs together or by binding or otherwise attaching any part of the student’s body to an object, except under the conditions set forth in WAC 392-172A.02110.
Discontinuation and degree of isolation and force:
a. Restraint, isolation, or other forms of reasonable physical force will be discontinued as soon as a determination is made by the staff member administering the restraint, isolation, or other forms of reasonable physical force that the likelihood of serious harm has dissipated.
b. Restraint, isolation, or other forms of reasonable physical force must be administered in such a way so as to prevent or minimize physical harm to the student. If, at any time during the use of restraint, isolation, or other forms of reasonable physical force, the student demonstrates significant physical distress, the technique must be reduced immediately and, if necessary, school staff must take immediate steps to seek medical assistance.
Monitoring:
An adult must continually monitor any student when restraint, isolation, or other forms of reasonable physical force is used. The monitoring must be conducted by continuous visual monitoring of the student. Monitoring must include regularly evaluating the student for signs of physical distress.
Post-incident notification and review with parent/guardian:
Within twenty-four (24) hours following the use of restraint, isolation, or other forms of reasonable physical force with a student, the principal or designee must make a reasonable effort to verbally inform the student’s parent or guardian of the incident.
The principal or designee must also send written notification as soon as practical but postmarked no later than five (5) business days after restraint, isolation, or other forms of reasonable physical force has been used with a student. If the school or district customarily provides the parent or guardian with school-related information in a language or mode of communication other than English, the written report must be provided to the parent or guardian in that language or mode of communication. The principal or designee will review the incident with the student and the parent or guardian (though not necessarily at the same time) to address the behavior that precipitated the use of the technique and the appropriateness of the response. The principal or designee will review the incident with the staff person(s) who administered the restraint, isolation, or other forms of reasonable physical force to discuss whether proper procedures were followed and what staff training or support is needed to help the student avoid similar incidents.
IEPs and 504 plans will include the above procedures for notification of parents/guardians regarding the use of isolation and restraint on their student.
Incident report:
Any school employee, school resource officer or school security officer who uses restraint, isolation, or other forms of reasonable physical force, as defined in this procedure, on any student during school-sponsored instruction or activities, will inform the principal or a designee as soon as possible and within two (2) business days submit a written report of the incident to the district office. The written report will contain, at a minimum:
a. The date and time of the incident;
b. The name and job title of the staff member who administered the restraint, isolation, or other form of reasonable physical force;
c. A description of the activity that led to the restraint, isolation, or other form of reasonable physical force;
d. The type of restraint, isolation, or other forms of reasonable physical force used on the student, and the duration;
e. Whether the student or staff was physically injured during incident involving restraint, isolation, or other forms of reasonable physical force;
f. Any medical care provided to the student or staff; and
g. Any recommendations for changing the nature or amount of resources available to the student and staff members in order to avoid similar incidents.
Resolution of concerns about the use of force incident:
A student or the student’s parent or guardian who has concerns regarding a specific incident involving restraint, isolation, or other forms of reasonable physical force may seek to resolve the concern by using the district’s complaint process which is set forth in Policy 4220, Complaints Concerning Staff or Programs.
Providing parents/guardians with Restraint, Isolation, and Other Uses of Reasonable Force policy:
The district will make available to all parents/guardians of students the district’s policy on Restraint, Isolation and Other Use of Reasonable Force. If the student has an IEP or 504 plan, the District will provide the parents/guardians a copy of the policy at the time that the program or plan is created.
Staff training requirements:
Annually, administrators will provide all staff with the district established policy and procedure regarding the use of reasonable force. All staff should be informed of de-escalation strategies and proper physical intervention procedures. Appropriate staff and those who are required or reasonably anticipated to provide physical force intervention will be trained in the use of physical force intervention.
Only staff trained by a qualified provider and authorized to use isolation, restraint, and restraint devices procedures will administer it to students unless trained personnel are not immediately available due to the unforeseeable nature of the emergency. The appropriate personnel will include those staff members who are most likely to be called upon to use isolation, restraint, and restraint devices to prevent or address disruptive or dangerous student behavior.
Submission of incident reports to the Office of Superintendent of Public Instruction:
Annually by January 1, the district will summarize the written incident reports described above and submit those summaries to OSPI. The summaries will include for each school in the district:
a. The number of individual incidents of restraint and isolation;
b. The number of students involved in the incidents;
c. The number of injuries to students and staff; and
d. The types of restraint or isolation used.
Adoption Date: June 25, 2014
Revision Date: January 13, 2016, January 13, 2021
Procedure 3246P- Restraint, Isolation and Other Uses of Reasonable Force Procedures
Procedure 3246P- (Spanish)- Restraint, Isolation and Other Uses of Reasonable Force Procedures
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Restraint and Isolation Report- 3246F1
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Suspension/Expulsion for Students for Students with Disabilities- 3323
Disciplinary Removal of Students with Disabilities
Washington Administrative Code (WAC Chapter 392-400) defines suspension and expulsion procedures that school administrators may use to discipline students who have violated school rules. Students with disabilities are subject to the same rules governing student conduct as their non-disabled peers, subject to the limitations stated in WAC Chapter 392-172A and other applicable law.
The procedures in 3323P shall be followed for disciplinary removals of students with disabilities who qualify for special education services and/or Section 504 protection.
Cross Reference:
- District Policy No. 3300 Methods of Student Control
Legal Reference:
- WAC Chapter 392-400 Student Rights and Responsibilities
- WAC 392-172A-05140 Discipline Procedures - Special Education through 392-172A-05175
Adoption Date: April 27, 1994
Revision Dates: July 26, 2006, December 10, 2008, September 24, 2014
Policy 3323- Suspension/Expulsion for Students for Students with Disabilities
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Suspension/Expulsion for Students for Students with Disabilities Procedures- 3323P
When a special education student is subject to a disciplinary removal from school (suspension or expulsion) that constitutes a change in placement, the student’s Individual Education Program (IEP) team shall be convened. A change in placement occurs when a student is suspended or expelled for more than 10 consecutive school days, or has accumulated removals of more than 10 school days in a school year that constitute a pattern of exclusion because the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals, and because of such additional factors as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another. At least one team member who is knowledgeable about the student’s disabling condition shall be present at this meeting. The purpose of the team meeting is to determine if there is a causal relationship between the student’s behavior and his/her disabling condition. This meeting shall be documented and shall occur no later than 10 school days after the decision to remove the student in a manner that causes a change in placement. The IEP team shall review all relevant information in the student’s file, including the IEP, and teacher and parent observations and answer the following questions:
1. Was the student’s behavior caused by or did it have a direct and substantial relationship to his/her disability?
2. Was the student’s behavior the direct result of the district’s failure to implement the student’s IEP?
If the IEP team determines that the answer to either of these two questions is yes, then the behavior in question shall be determined to be related to (a manifestation of) the student’s disability. If the IEP team determines that the answer to both of these two question is no, then the behavior in question shall be determined to not be related to (not a manifestation of) the student’s disability:
A. Behavior Is Not a Change in Placement or Is Not Related to the Disability
1. If the removal is not a change of placement, the removal may be administered to the student as with a non-disabled student.
2. If the removal is a change of placement and the IEP team determines the behavior is not a manifestation of the student’s disability, the removal may be administered to the student as with a non-disabled students. However, the following procedures shall be employed:
a. The school district shall provide written notice to the parents about the intent to implement a disciplinary removal that constitutes a change the placement of their child and shall provide parents with a copy of their procedural rights.
b. The school district shall convene an IEP meeting to discuss the student’s disciplinary removal and to develop a plan to provide a level of services that allows the student to access the general education curriculum, although in another setting; to progress toward IEP goals; and to receive behavioral intervention services and modifications designed to address the behavior violation so that it does not recur during the removal period.
c. If parents request a hearing to contest the school district’s decision, then the student is returned to his/her pre-discipline placement until the hearing is over, except as may otherwise be ordered by a judge or an administrative law judge and except in the case of removals covered by section C, below.
B. Behavior Is Related to the Disability If the student’s misconduct is found by the IEP team to be a manifestation of the student’s disability, the disciplinary removal must be terminated and the student returned to his or her IEP placement unless a judge or an administrative law judge orders otherwise, the IEP team agrees to change the placement, or the infraction is covered in section C, below.
The IEP team must:
a. Conduct a functional behavioral assessment and implement a behavioral intervention plan for the student; or
b. If a behavioral intervention plan has already been developed, review the existing plan and modify it as necessary to address the behavior.
The IEP team should also consider whether the current program and placement are appropriate to the student’s needs in light of the fact that the student has engaged in misconduct that is a manifestation of his or her disability in this program and placement.
C. Discipline for Drugs, Weapons, or Serious Bodily Injury
Regardless of whether the misconduct is, or is not, determined to be a manifestation of the student’s disability, school personnel may remove a student from his or her current placement and place the student in an interim alternative educational setting for the same amount of time that a non-special education student would be subject to removal, but for no more than 45 school days, for the following types of misconduct:
1. Possessing or carrying a weapon to school, on school premises, or to a school function (a “weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2.5 inches in length)
2. 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
3. Inflicting serious bodily injury upon another person while at school, on school premises, or at a school function (“serious bodily injury” means a bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or function)
The interim alternative educational setting is determined by the IEP team and must allow the student to participate in the general education curriculum, although in another setting; to progress toward IEP goals; and to receive behavioral intervention services and modifications designed to address the behavior violation so that it does not recur. The IEP team shall also conduct a functional behavioral assessment and implement a behavioral intervention plan, or review and modify any existing plan as needed. The student remains in the interim alternative educational setting (for up to 45 school days) and is not returned to the pre-misconduct placement during any due process hearing.
D. Services Following 10 School Days of Removal Without a Change in Placement
After a special education student has been removed from his or her current placement for ten school days in a school year and is subject to a current removal that is not for more than ten consecutive school days and is not a change of placement, the student is entitled to receive educational services. Such services are determined by school district personnel in consultation with at least one of the student’s teachers and must enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward IEP goals.
1. Section 504 students who commit current violations involving illegal drug use or use of alcohol are subject to disciplinary removals to the same extent and under the same conditions as non-disabled students; and
2. If a Section 504 student’s team determines as a result of a manifestation determination that the student’s behavior is unrelated to his/her disability, the school district may impose a disciplinary removal of the student as it would a non-disabled student for similar behavior, with no duty to provide services during the course of the removal unless non-disabled students would receive services in similar circumstances.
Revised: April 27, 1994, July 26, 2006, December 10, 2008
Procedure 3323P- Suspension/Expulsion for Students for Students with Disabilities Procedures
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Student Welfare- 3400
Providing for the proper supervision of students while in their charge is a duty of staff equal to the responsibility for guiding students' learning. Each staff member shall be alert to any hazards that may exist in the facilities, program or schedule of his/her school and report them to the principal. All safety rules in the educational and activity programs of the school shall be strictly enforced. Any time volunteers or aides are working with students they shall be advised of their authority to insist upon students following established rules.
The welfare of our students also includes the proper management and safeguarding of information pertinent to individual students, their families or educational development or progress. Staff are reminded that no person, agency or organization, whether in the district or from the outside, shall be told personal information about individual students, their families or about their educational performance when such disclosure would be in violation of the student’s and/or family’s right to privacy, or when such would constitute a breach of confidence and a violation of the duty owed to the student and family concerning safeguarding sensitive and confidential information or otherwise precluded by law to release. Holding a position in public education carries with it a professional responsibility to take action or refrain from any action which would undermine the patron’s trust and confidence in their school and district personnel.
Adoption Date: July 29, 1992
Revised: November 12, 1997
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Vision and Hearing Screening- 3411
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Student Immunization and Life Threatening Conditions- 3413
Immunizations
In order to safeguard the school community from the spread of certain communicable diseases, and in recognition that prevention is a means of combating the spread of disease, the Board requires a student to present evidence of having been immunized against diseases as required by 28A.210 RCW and the Washington State Board of Health 246-105 WAC.
Exemptions from Immunization
The district will allow for exemptions from immunization requirements only as allowed for by RCW 28A.210.090 and WAC 246-105-050.
Meningococcal Disease, Human Papilloma Virus Disease and Vaccine Information Distribution
At the beginning of every school year, the district will provide parents/guardians of sixth through twelfth grade students, information provided by the Washington State Department of Health about meningococcal disease, human papillomavirus (HPV) disease and the vaccines available to prevent those infections. The information will include the causes and symptoms of meningococcal disease, human papillomavirus, how the diseases are spread, the places where parents and guardians may obtain additional information and vaccinations for their children and current recommendations from the Centers for Disease Control and Prevention regarding the vaccines.
Life-Threatening Health Conditions
Prior to attendance at school, each child with a life-threatening health condition will present a medication or treatment order from a licensed healthcare provider as defined in RCW 18.79.260 addressing the condition. A life-threatening health condition means a condition that will put the child in danger of potential death during the school day if a medication or treatment order, providing authority to a registered nurse, and a nursing care plan are not in place. The medication, treatment order or authorization form, signed by the parent and health care provider, and an Individual Health Plan (IHP) and/or nursing plan, need to be in place prior to the first day of school. The IHP will be written by the registered nurse, parents and others, as necessary, to ensure the student’s continued health and safety at school.
Students who have a life-threatening health condition and no medication or treatment order presented to the school will be excluded from school to the extent that the district can do so with consistent federal requirements for students with disabilities under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973, and according to due process requirements in Procedure 3413P. developed by the Superintendent or designee.
Exclusion from School
The district will exclude students from further presence at the school who are out of compliance with the immunization requirements and students with a life-threatening health condition as required in RCW 28A.210.120 and students with a life-threatening health condition as required in WAC 392-380-045 who do not have a medication or treatment order in place.
Cross References:
- Policy 2162 – Education of Students with Disabilities Under Section 504 of the Rehabilitation Act of 1973
- Policy 2161 – Special Education and Related Services for Eligible Students
- Policy 2100 – Educational Opportunities for Students with a Parent in the Military
- Policy 3416 – Medication at School
- Policy 3115 – Students Experiencing Homelessness – Enrollment Rights and Services
Legal References:
- Chapter 28A.210 RCW Health - Screening and requirements
- Chapter 246-105 WAC Immunization of childcare and school children against certain vaccine-preventable diseases
- Chapter 392-182 WAC Student - health records
- Chapter 392-380 WAC Public school pupils - Immunization requirements and life-threatening health condition
Classification: Essential
Adoption Date: July 29, 1992
Revision Dates: June 17, 1998, February 13, 2013, August 10, 2022
Policy 3413- Student Immunization and Life Threatening Conditions
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Student Immunization and Life Threatening Conditions Procedures- 3413P
Immunizations and Life-Threatening Health Conditions Procedures
Immediately upon enrollment in the district, the student’s parent or legal guardian must provide proof of the required immunizations as specified by the Washington State Department of Health (DOH) with a completed Certificate of Immunization Status (CIS) form approved by the DOH, and/or an exemption with a completed Certificate of Exemption (COE) form approved by the DOH. The student cannot start attending school until the completed CIS and/or COE is on file at the school, or the Conditional Immunization Status conditions have been met. Students experiencing homelessness, including migratory and refugee children and children in out-of-home (foster) care, who have not provided the required documentation will be allowed to enroll, attend classes, and participate fully, despite being out of compliance with immunization requirements.
The CIS or COE will be a part of the student’s permanent record. The district will provide access to immunization records of each student enrolled to agents of the state or local health department. The district will return the CIS and/or COE or a legible copy to the parent or legal guardian if the child is withdrawn or transferred form the district. The district may not withhold the CIS and/or COE for any reason, including nonpayment of school fees.
Certificate of Immunization
The immunization status of all students must be documented on a completed CIS form.
All immunization information documented on a CIS by new enrollees starting school on or after August 1, 2020 must be medically verified. A CIS printed from the Washington Immunization Information System (IIS) with immunization information pre-populated is considered medically verified by the IIS. A hardcopy CIS completed by the parent or legal guardian must be verified as accurate by either a health care provider signature or by a school administrator, school nurse or designee’s signature after verifying that the information on the CIS is accurate when compared to medical immunization records attached to the CIS.
For currently enrolled students all new immunization documentation submitted on or after August 1, 2020, must be on a medical immunization record. School staff may use the information on the medical immunization record to update the student’s existing CIS on file.
Conditional Immunization Status Attendance
If by a student’s first day of attendance the student does not have documentation of all the required immunizations the student may be permitted to start school in a temporary “conditional immunization status” provided that the student has received all of the immunizations, they are eligible to receive and are waiting for the recommended date of the next vaccine does according to the national immunization catch-up schedule. The parent or guardian must sign the CIS acknowledging the conditional status rules and timelines. Once the next dose comes due the student can remain in conditional status for thirty (30) calendar days to have time to turn in the required documentation. If the thirty (30) calendar day period expires and documentation has not been given to the school the student will be excluded from further attendance. Valid documentation includes medical records showing vaccination evidence of immunity to the disease in question, or a completed COE form.
Exemptions from Immunization
Any and all exemptions will be processed and recorded on a COE form approved by the DOH. All exemptions requested on a COE must be signed by the parent or legal guardian.
The district will grant religious exemptions from one or more of the required immunizations if the parent or legal guardian completes the religious exemption section of the COE.
Subject to the exception below, all COE forms presented after July 22, 2011, must also have the signature of a health care practitioner (HCP) saying they have given the parent or guardian information about the benefits and risks of immunizations. The form may be signed by an HCP at any time prior to the enrollment of the child in school. Photocopies of the signed form or a letter from the HCP referencing the child’s name will be accepted in lieu of the original form. Such a letter should be attached to the COE signed by the parent or legal guardian. Only a health care practitioner who is a physician (MD), physician assistant (PA), osteopath (DO), naturopath (ND), or advanced registered nurse practitioner (ARNP) licensed in Washington State may sign the COE.
The district will grant religious membership exemptions from one or more of the required immunizations without the signature of an HCP described above if the parent or legal guardian completes the religious membership section of the COE and signs affirming they are a member in a religious body or church with beliefs or teachings that preclude a child from receiving medical treatment from a HCP.
The district will grant medical exemptions from one or more of the required immunizations if the HCP indicates on the COE that in their opinion the vaccine is not advisable for the student. If the HCP indicates the medical exemption is temporary an expiration date must be documented on the COE. When a temporary medical exemption expires the student can attend school in “conditional immunization status” for thirty (30) calendar days to get the missing immunization or another exemption. If the thirty (30) calendar day period expires and documentation has not been given to the school, the student will be excluded from further attendance. Valid documentation includes medical records showing vaccination, evidence of immunity to the disease in question, or a completed COE.
The district will grant personal/philosophical exemptions from one or more of the required immunizations, except measles, mumps or rubella, if the parent completes the personal/philosophical exemption section on the COE. As required under Washington law, the district will not grant an exemption for philosophical or personal reasons from the measles, mumps, or rubella immunization requirements.
Exclusion from School for Noncompliance with Immunization Laws
The school principal will exclude students from further attendance who are out of compliance with immunization requirements as required in RCW 28A.210.120. When excluding students, the school will provide written notice as required in WAC 392-380-050. Written notification will:
- Order that the student is excluded immediately, and • Be delivered in-person, email, or by mail, and
- Be in the parent’s native language if possible, and
- Include a copy of the applicable laws and rules (RCW 28A.210.010-160, 246-105 WAC, and 392-380 WAC, and
- Provide information regarding immunization services available through local health or other public agencies, and
- Include notice that the parent/legal guardian and student has a right to a hearing provided they notify the school within three (3) school days after receiving the exclusion order, and
- Explain that the exclusion continues until either the required immunization documentation, or a completed Certificate of Exemption (COE) form is turned into the school, or a hearing officer determines that the student is no longer excluded from school.
List of Students not Fully Immunized
The district will keep or be able to produce within twenty-four hours a current list of children who are not fully immunized. The list must be transmitted to the local health department upon request. The local health office may use this list for easy identification of students to be excluded from school temporarily during a disease outbreak.
Adoption Date: July 23, 2003
Revision Date: February 13, 2013, August 10, 2022
Procedure 3413P- Student Immunization and Life Threatening Conditions Procedures
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Infections Diseases- 3414
Infectious Diseases
In order to safeguard the school community from the spread of certain communicable diseases, the superintendent shall implement procedures assuring that all school buildings are in compliance with State Board of Health rules and regulations regarding the presence of persons who have or have been exposed to infectious diseases deemed dangerous to the public health. Such procedures shall also prescribe the manner in which safeguards are taken to remove the danger to others.
The district shall require that the parents or guardian shall complete a medical history form at the beginning of each school year. The nurse or school physician may use such reports to advise the parent of the need for further medical attention and to plan for potential health problems in school.
The board authorizes the school principal to exclude a student who has been diagnosed by a physician or is suspected of having an infectious disease in accordance with the most current Infectious Disease Control Guide, provided by the State Department of Health and the Office of the Superintendent of Public Instruction. The principal and/or school nurse will report the presence of cases, suspected cases, outbreaks, and suspected outbreaks of disease that may be associated with the school to the appropriate local health authority as required by the State Board of Health. Such information concerning a student's present and past health condition shall be treated as confidential. The principal will cooperate with local health officials in the investigation of cases, suspected cases, outbreaks and suspected outbreaks of disease that may be associated with the school.
The following must be kept strictly confidential, except as required by law:
- The fact that a student has been tested for a sexually transmitted disease;
- The test result;
- Any information relating to the diagnosis or treatment of a sexually transmitted disease; and
- Any information regarding drug or alcohol treatment for a student.
If the district has a release, the information may be disclosed pursuant to restrictions in the release.
A school principal or designee has the authority to send an ill child home without the concurrence of the local health officer, but if the disease is reportable, the local health officer must be notified. The local health officer is the primary resource in the identification and control of infectious disease in community and school. The local health officer, in consultation with the Superintendent can take whatever action deemed necessary to control or eliminate the spread of disease, including closing school.
Legal References:
- RCW 28A.210.010 Contagious diseases, limiting contact - Rules
- Chapter 246-110 WAC School districts and day care centers - Contagious diseases
- Chapter 70.02 RCW Medical records - health care information access and disclosure
Adoption Date: July 29, 1992
Revised: October 25, 1995, July 11, 2018
Policy 3414- Infections Diseases
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Infectious Diseases Procedures- 3414P
Infectious Diseases Procedures
An infectious disease is caused by the presence of certain micro-organisms in the body. Infectious diseases may or may not be communicable or in a contagious state.
Diseases in a contagious state may be controlled by exclusion from the classroom or by referral for medical attention of the infected student. Staff members of a school must advise the school nurse and the principal or designee when a student possesses symptoms of an infectious disease based on the criteria outlined in this procedure. The school nurse and principal or designee must be provided with as much health information as is known about the case in a timely manner so that appropriate action can be initiated. (See OSPI Infectious Disease Control Guide for school staff.)
List of Reportable Diseases
In consultation with the school nurse, the district will report cases, suspected cases, outbreaks and suspected outbreaks of disease to the local health department as indicated on the Notifiable Conditions page of the Washington Department of Health's website.
Cluster of Cases
The occurrence of any generalized (covering greater than 75% of the body) rash with or without fever, cough, runny nose, and reddened eyes in a school must be reported immediately to the school nurse who will in turn report as necessary to the local health department. Localized rash diagnosed as unrelated to a contagious disease, such as diaper rash, poison oak, etc. need not be reported. In addition to rash illnesses, any unusual cluster of infectious disease must be reported to the school nurse.
Identification and Follow-Up
A. The length of absence from school for a student ill from a contagious disease is determined by the directions given in the Infectious Disease Control Guide or instructions provided by the health care provider, or instructions from the local health officer.
B. The principal has the final responsibility for enforcing all exclusions.
C. Follow-up of suspected communicable disease cases should be carried out in order to determine any action necessary to prevent the spread of the disease to additional children.
Reporting at Building Level
A student who is afflicted with a reportable disease will be reported by the school principal or designee to the local health officer as per schedule.
A. When symptoms of communicable disease are detected in a student who is at school, the regular procedure for the disposition of ill or injured children will be followed unless the student is 14 years or older and the symptoms are of a sexually transmitted disease. In all other instances, the principal or designee will:
1. Call the parent, guardian or emergency telephone number to advise him/her of the signs and symptoms;
2. Determine when the parent or guardian will pick up the student;
3. Keep the student isolated but observed until the parent or guardian arrives;
4. Notify the teacher of the arrangements that have been made prior to removing the student from school; and
5. Notify the school nurse to ensure appropriate health-related interventions are in place.
First Aid Procedures
A. Students should be asked to wash their own minor wound areas with soap and water under staff guidance when practicable. If performed by staff, wound cleansing should be conducted in the following:
1. Soap and water are recommended for washing wounds. Individual packets with cleansing solutions can also be used;
2. Gloves must be worn when cleansing wounds which may put the staff member in contact with wound secretions or when contact with any bodily fluids is possible;
3. Gloves and any cleansing materials will be discarded in a lined trash container that is disposed of daily according to WAC 296-823, Occupational exposure to Bloodborne Pathogens and included in the OSPI Infectious Disease Control Guide;
4. Hands must be washed before and after treating the student and after removing the gloves; and
5. Treatment must be documented in a health log program.
B. Thermometers shall be handled in the following manner:
1. Only disposable thermometers or non-mercury thermometers with disposable sheath covers and/or temporal scan thermometers should be used when taking student temperatures; and
2. Disposable sheath covers will be discarded in a lined trash container that is secured and disposed of daily. Temporal scan thermometers will be disinfected after each use.
Handling of Body Fluids
A. Body fluids of all persons should be considered to contain potentially infectious agents (germs). Body fluids include blood, semen, vaginal secretions, drainage from scrapes and cuts, feces, urine, vomitus, saliva, and respiratory secretions;
B. Gloves must be worn when direct hand contact with body fluids is anticipated (e.g., treating nose bleeds, bleeding abrasions) and when handling clothes soiled by urine and/or feces and when diapering children and when sanitizing spaced used for diapering. Hand washing is the most important intervention for preventing the spread of disease and must take place after gloves are removed and between care of multiple students; .
C. Used gloves must be discarded in a secured lined trash container and disposed of daily according to WAC 296-823, Bloodborne Pathogens, and included in the OSPI Infectious Disease Control Guideline. Hands must then be washed thoroughly; and
D. Self-treatment of minor injury, when reasonable, will be encouraged;
E. Sharps will be disposed in an approved container, Sharps containers must be maintained upright throughout use, be tamper-proof and safely out of students’ reach, be replaced routinely and not be allowed to overfill.
F. General cleaning procedures will include use of a 10% bleach solution to kill norovirus and C. difficile spores.
For other universal precautions, the district shall comply with WAC 296-823, Bloodborne Pathogens and the OSPI Infectious Disease Control Guideline.
Treatment of Students with Chronic Medical Conditions (e.g. HIV, AIDS, Hepatitis)
On the disclosure that a student has been identified as having acquired Human Immunodeficiency Virus (HIV) of Acquired Immunodeficiency Syndrome (AIDS) or infectious Hepatitis the Superintendent, principal, parent, local health officer, school nurse and the student’s licensed healthcare provider will confer as necessary and determine the appropriate placement of the student. The student will be accommodated in the least restrictive manner, free of discrimination, without endangering the other students or staff. The student may only be excluded from school on the written concurrence of the public health officer and the student's healthcare provider, that remaining or returning to school would constitute a risk either to the student or to employees or other students, or as otherwise permitted by law.
All discussions and records will be treated as confidential, except as required by law.
Release of information regarding the testing, test result, diagnosis or treatment of a student for a sexually transmitted disease, HIV, drug or alcohol or mental health treatment or family planning or abortion may only be made pursuant to an effective release and only to the degree permitted by the release, except as otherwise required by law. To be effective, a release must be signed and dated, must specify to whom the release may be made and the time period for which the release is effective. Students 14 years of age and older must authorize disclosure regarding HIV or sexually transmitted diseases; students 13 and older must authorize disclosure regarding drug and alcohol treatment or mental health treatment; and students of any age must authorize disclosure regarding family planning or abortion. Parents must authorize disclosure pertaining to younger students.
Any disclosure made pursuant to a release regarding sexually transmitted diseases, HIV or drug or alcohol treatment must be accompanied by the following statement:
"This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written authorization of the person to whom it pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is not sufficient for this purpose."
Revised: June 24, 1992, October 25, 1995, July 11, 2018
Procedures 3414P- Infectious Disease Procedures
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Accommodating Students with Diabetes- 3415
Accommodating Students with Diabetes
The District Health Specialist or designee is appointed to:
A. Consult and coordinate with the parents and health care providers of students with diabetes; and
B. Train and supervise the appropriate staff in the proper procedure for the care of students with diabetes.
The District will develop and follow an Individual Health Care Plan (IHCP) for each student with diabetes. Each IHCP will include an individual emergency plan element. The health plans will be updated annually, and more frequently as needed.
The District, its employees, agents, or parent-designated adults who, acting in good faith and in substantial compliance with a student’s IHCP and the instructions of the student’s licensed health care provider, provides assistance or services under RCW 28A.210.330, will not be liable in any criminal action or for civil damages as a result of the services provided under RCW 28A.210.330 to students with diabetes.
The Superintendent or designee will establish procedures that implement this policy and follow emergency rescue procedures outlined in the most recent guidelines published by the Office of the Superintendent of Public instruction (OSPI) regarding the care of students with diabetes.
Cross References:
- Board Policy 2162 Education of Students with Disabilities-Under Section 504 of the Rehabilitation Act of 1973
- 3416 Medication at School
- 3520 Student Fees, Fines and Charges
- 5630 Volunteers
Legal References:
- 42.U.S.C 121et seq. Americans with Disabilities Act
- RCW 28A.210.330 Students with diabetes – Individual health plans Designation of professional to consult and with parents and health care provider – Training and supervision of school district personnel
- RCW 28A.210.340 Students with diabetes - Adoption of policy for in-service training for school staff
- RCW 28A.210.350 Students with diabetes - compliance with individual Health plan-Immunity
Classification: Essential
Adopted Date: July 23, 2003
Revised Date: April 10, 2019
Policy 3415- Accommodating Students with Diabetes
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Accommodating Students with Diabetes Procedures- 3415P
Accommodating Students with Diabetes Procedures
I. Individual Health Care Plan
The District will develop and follow an Individual Health Care Plan (IHCP) for each student with diabetes. The IHCP will be updated annually, and more frequently as needed. In addition, the District will:
a. Obtain necessary parental signed requests and instructions for treatment and care of students with diabetes;
b. Obtain orders from licensed health care providers prescribing within the scope of their licensed authority for monitoring and the treatment of students with diabetes at school;
c. Provide sufficient and secure storage for medical equipment and medication provided by the parent/guardian of students with diabetes;
d. Permit students with diabetes to perform blood glucose tests, administer insulin, and treat hypoglycemia and hyperglycemia, and have easy access to the necessary supplies and equipment to perform monitoring and treatment functions as specified in their IHCP. This includes the option for students to carry the necessary supplies (not to include a glucagon injection kit), and equipment on their person and perform monitoring and treatment functions consistent with their IHCP anywhere on school grounds, in their classrooms, and at school sponsored events;
e. Permit students with diabetes to eat whenever and wherever necessary, including on the bus or in other areas where food is generally prohibited, as specified in their IHCP. When food is served at school events, provisions will be made for appropriate food to be available to the student with diabetes. Food will never be withheld because of nonpayment of fees or disciplinary action. Students with diabetes will not miss meals because they are not able to pay for them. The charge for the meal will be billed to the parent or adult student and collected consistent with District policy;
f. Allow flexibility in the student’s school schedule, if specified in their IHCP;
g. Permit students with diabetes to have unrestricted access to water and bathroom facilities, as specified in their IHCP; h. Develop individual emergency plans for students with diabetes; i. Provide parents/guardians, appropriate staff members, and health care providers of students with diabetes with a description of the student’s school schedule as needed to facilitate the timing of meals, snacks, blood sugar testing, insulin injections, and related activities;
j. Distribute each student’s IHCP to appropriate staff based on the student’s needs and the staff member’s contact with the student; and
k. Possess legal documents for parent-designated adults to provide care, if needed.
II. Parent-Designated Adults (PDA)
Parents of students with diabetes may designate an adult, who may be a school district employee, to provide care for their student consistent with the student’s IHCP. The parent-designated adult (PDA) must be a volunteer and must receive additional training from a health care professional or expert in diabetic care. To be eligible to be a PDA, a school district employee who is not licensed under Chapter 18.79 RCW must file, without coercion by the District, a voluntary, written, current and unexpired letter of intent stating the employee’s willingness to be a PDA. The letter must be dated and will be valid for not longer than one year. If an unlicensed school employee chooses not to file a letter, the employee will not be subject to any employer reprisal or disciplinary action for refusing to file a letter.
The District Health Specialist or designee is not responsible for the supervision of the PDA for those procedures that are authorized by the parents.
III. Training - School Employees
In-service Training
Annually, in-service training will be provided to all school employees. In-service training will cover symptoms, treatment, and monitoring of students with diabetes and the additional observations that may be needed in different situations that may arise during the school day and during school sponsored events.
Specific Training
All school employees who have responsibility for diabetic students must complete training in the proper procedures for care of students with diabetes. Either the District Health Specialist or designee will offer such training. Such training must include information on individual student’s IHCP requirements, as well as detailed information on symptoms, treatment, and monitoring of students with diabetes.
IV. Training – Parent Designated Adults (PDAs)
PDAs who are school employees must undergo both the In-service and specific training described above. PDAs who are not school employees must show evidence of comparable training and meet school district requirements for volunteers. All PDAs must receive additional training from a health care professional or expert in diabetic care for the additional care the parents have authorized the PDA to provide.
Adopted date: July 23, 2003
Revised date: April 10, 2019
Procedure 3415P- Accommodating Students with Diabetes Procedures
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Medication at School Self-Administration of Medications- 3416
Medication at School
Under normal circumstances, prescription and non-prescription, over-the counter (OTC) medication, should be administered before and/or after school hours under supervision of the parent or guardian.
The District provides for the administration of oral medication, topical medication, eye drops, ear drops, or nasal spray to students at school in accordance with District Procedure 3416P.
No prescribed medication may be administered by injection by staff, except when a student is susceptible to a pre-determined life-endangering situation. The parent will submit a written statement which grants a staff member the authority to act according to the specific written orders and supporting directions provided by a licensed health professional prescribing within his or her prescriptive authority. Such medication will be administered by staff trained by the supervising registered nurse to administer such an injection.
The use of injectable medication for the treatment of anaphylaxis is covered in District Policy 3419 and Procedures 3419P (Self-Administration of Asthma and Anaphylaxis Medication) and District Policy 3420 and Procedure 3420P (Anaphylaxis Prevention).
The Superintendent or designee will establish procedures for:
1. Training, delegating, and supervising the administration of medications to students;
2. Designating staff members who may administer medication to students;
3. Obtaining signed and dated parent/guardian requests and instruction for the administration of medicine;
4. Obtaining requests from licensed health professionals prescribing within the scope of their prescriptive authority and instructions regarding students who require medication for more than fifteen consecutive school days;
5. Identifying the medication to be administered;
6. Safekeeping of medication with special attention to safeguarding legend drugs;
7. Maintaining records pertaining to the administration of medications;
8. Permitting, under limited circumstances, students to carry and self-administer medications necessary to their attendance at school; and
9. Permitting possession and self-administration of over-the-counter topical sunscreen products.
If the school decides to discontinue administering a student’s medication, the Superintendent or designee will provide notice to the student’s parent/guardian orally and in writing prior to the discontinuance.
Medical Marijuana
RCW 69.51A.060 provides that a school may permit a minor who meets certain requirement to consume medical marijuana on school grounds. However, marijuana is classified as an illegal controlled substance under federal law (21 U.S.C. § 811). Therefore, the use of marijuana is not permitted on any school grounds, district provided transportation, or at any other school-related activities.
Cross References:
- Policy 3415 – Accommodating Students with Diabetes
- 3420 – Anaphylaxis Prevention
- 3419 – Self-Administration of Asthma and Anaphylaxis Medications
Legal References:
- RCW 28A.210.260 Public and Private Schools - Administration of Medication - Conditions
- RCW 28A.210.270 Public and Private Schools - Administration of Medication by - Immunity from Liability- Discontinuance, Procedure
- RCW 28A.210.275 Administration of medications by employees not licensed under chapter 18.79 RCW - Requirements - Immunity from liability
- RCW 28A.210.278 Topical sunscreen products-Sun Safety guidelines
Classification: Essential
Adoption Date: May 12, 1993
Revision Dates: January 12, 1994, March 22, 1995, October 14, 1998, February 13, 2013, April 24, 2019
Policy 3416- Medication at School and Self-Administration of Medications
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Medication at School and Self-Administration of Medications Procedures- 3416P
Medication at School Procedures
Each school principal will authorize two or more staff members to administer prescribed or nonprescribed medication. Authorized staff members include the District health specialist, building registered nurse, building principals, teachers, administrative assistants and paraeducators.
For purposes of this procedure, “medication” means oral medication, topical medication, eye or ear drops and nasal spray. This definition does not include over-the-counter topical sunscreen products regulated by the US Food and Drug Administration (see Sunscreen section below). Oral medications are administered by mouth either by swallowing or by inhaling and may include administration by mask if the mask covers the mouth or mouth and nose. Enternal medication (by gastrostomy tube) is considered an oral medication as it is administered directly into the digestive track.
No prescribed medication may be administered by injection by staff, except when a student is susceptible to a pre-determined life-endangering situation. The parent will submit a written statement which grants a staff member the authority to act according to the specific written orders and supporting directions provided by a licensed health professional prescribing within his or her prescriptive authority. Such medication will be administered by staff trained by the supervising registered nurse to administer such an injection.
In order for the District to provide for the administration of medication at school, the following conditions must be met:
1. The District must have a written, current and unexpired request from the parent or legal guardian to administer the medication to the student;
2. The District must have a written current, and unexpired request from a licensed health professional prescribing within the scope of their prescriptive authority for the administration of the medication because there exists a valid health reason which makes administration of the medication advisable during the school hours or when the student is under the supervision of school officials;
3. If the medication is to be administered for more than fifteen consecutive work days, the District must have written, current, and unexpired instructions from a licensed health professional prescribing within the scope of their prescriptive authority regarding administration of the prescribed medication;
4. The parent/guardian must provide the medication (not more than a 20-day supply) directly to the employee who will administer the medication;
5. The employee who will administer the medication must first examine it and determine, in the employee’s judgment, that it appears to be properly labeled and in the original container; and
6. Requests for the administration of medication will be valid for not more than the current school year.
The employee responsible for administering the medication will:
1. Collect the medication directly from the parent (students should not transport medication to school);
2. Collect the written request form properly signed by the parent, and the written request by the prescribing health professional; and the written instructions from the prescribing health professional if the medication is to be administered for more than fifteen consecutive school days;
3. Store the medication (not more than a 20-day supply) in a locked, substantially constructed cabinet;
4. Maintain a daily record which indicates when the medication was administered; and
5. Ensure appropriate supervision of medication administration.
A copy of Policy 3416 and this procedure will be provided to the parent upon request for administration of medication at school. If a school nurse is on the premises, nasal sprays that are legend drugs or controlled substances may only be administered by a school nurse. If a school nurse is not present on school premises, a nasal spray that is a legend drug or controlled substance may be administered by a trained school employee; or a parent-designated adult who is not a school nurse per RCW 28A.210.260(5).
Written orders for emergency medication, signed and dated, from the licensed health professional prescribing within his or her prescriptive authority will:
1. State that the student suffers from an allergy which may result in an anaphylactic reaction;
2. Identify the drug, the mode of administration, the dose. Epinephrine administered by inhalation, rather than injection, may be a treatment option. This decision must be made by the licensed health professional prescribing within his or her prescriptive authority;
3. Indicate when the injection will be administered based on anticipated symptoms or time lapse from exposure to the allergen;
4. Recommend follow-up after administration, which may include care of the stinger, need for a tourniquet, administration of additional medications, transport to hospital; and
5. Specify how to report to the health professional prescribing within his or her prescriptive authority and any record-keeping recommendations.
Self-Administration of Medications
If a health professional and a student’s parent request that a student be permitted to carry his or her own medication and/or be permitted to self-administer the medication, the principal may grant permission after consulting with the school nurse. The process for requesting and providing instructions will be the same as established for oral medications. The principal and nurse will take into account the age, maturity and capability of the student; the nature of the medication; the circumstances under which the student will or may have to self-administer the medication and other issues relevant in the specific case before authorizing a student to carry and/or self administer medication at school. Except in the case of multi-dose devices (like asthma inhalers), students will only carry one day’s supply of medication at a time. Violations of any conditions placed on the student permitted to carry and/or self-administer their own medication may result in termination of that permission, as well as the imposition of discipline when appropriate.
The authorization to self-medicate will be valid for the current school year only. The parent or guardian must renew the authorization each school year.
Sunscreen
Over-the-counter topical sunscreen products may be possessed and used by students, parents, and school staff on school property or at a school-related event or activity, without a written prescription or note from a licensed health care provider, if the following conditions are met:
1. The product is regulated by the US Food and Drug Administration as an over-the-counter sunscreen product; and
2. If possessed by a student, the product is provided to the student by their parent or guardian.
Students who possess over-the-counter topical sunscreen products that meet the above criteria may carry up to 8 ounces at a time, preferable with the container in a plastic bag.
School staff may assist students in application of sunscreen products in certain circumstances and in the presence of another staff member. The appropriate staff member will take into account the age, maturity, and capability of the student, and the need for the application of sunscreen products at school or during school-sponsored events. However, staff members are not required to assist students in applying sunscreen.
Parent-Designated Adult Care of Students with Epilepsy
Parents of students with epilepsy may designate an adult to provide care for their student consistent with the student’s individual health care plan. At a parent’s request, school district employees may volunteer to be a parent-designated adult under this policy, but they will not be required to participate. Parent-designated adults who are school employees must file a voluntary, without coercion by the District, current and unexpired letter of intent stating their willingness to be a parent designated adult. Parent-designated adults who are school employees are required to receive training in caring for students with epilepsy from the school nurse. Parent-designated adults will receive additional training from a health care professional or expert in epileptic care to provide the care (including medication administration) requested by the parent.
Parent designated adults who are not school employees are required to show evidence of comparable training and meet school district requirements for volunteers.
Revised Date: February 13, 2013, April 10, 2019
Procedure 3416P- Medication at School and Self-Administration of Medications Procedures
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Parent Request Administration of Oral Medication at School Form- 3416F1
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Medication Permission to Carry OTC (Primary)- 3416F2a
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Medication Permission to Carry OTC (Secondary)- 3416F2b
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Catheterization- 3417
The District will provide for clean, intermittent bladder catheterization (CIC) of students or assisted self-catheterization of students in substantial compliance with the rules adopted by the State Nursing Care Quality Assurance Commission, the instruction of a licensed registered nurse or advanced registered nurse practitioner, and this Policy 3417 and Procedure 3417P.
Catheterization is permitted under the following conditions:
A. A parent, legal guardian or other person having legal control over the student provides the District with a written, current and unexpired request that the District provide for the catheterization of the student and written permission for the performance of the catheterization procedure by a non-licensed school employee;
B. A licensed physician of the student provides a written, current and unexpired request that catheterization of the student be provided for during the hours when school is in session or the hours when the student is under the supervision of school officials and written instructions for the procedure;
C. An advanced registered nurse practitioner or licensed registered nurse provides written, current and unexpired instructions regarding catheterization that includes which staff members are designated to provide for catheterization and a description of the nature and extent of any supervision that is required; and
D. Any unlicensed staff member who is authorized to provide for catheterization must receive training from a licensed registered nurse consistent with WAC 246-840-820(9).
If the District provides clean, intermittent bladder catheterization of any students, it will document the training given to the employees who perform the services.
Employees (except licensed nurses) who have not previously agreed in writing to perform clean, intermittent bladder catherization as a specified part of their job description may file a written letter of refusal to perform catheterization. The employee’s refusal may not serve as grounds for discharge, non-renewal or any other action adversely affecting the employee’s contract status.
If a District employee provides for catheterization of a student in substantial compliance with this policy, the rules of the State Nursing Care Quality Assurance Commission, and the instructions of a licensed registered nurse or advanced registered nurse practitioner, then the employees of the District, the Superintendent, and the Board will not be liable in any criminal action or for civil damages as a result of providing for the catheterization.
The District may discontinue the provision of catheterization of any student, so long as the District has provided the parents/guardians with actual oral/written notice in advance of the date of discontinuance, and the District otherwise provides for the catheterization of the student to the extent required by federal or state law. If that occurs, the District, its employees, the Superintendent, and the Board will not be liable in any criminal action or for civil damages as a result of the discontinuance.
Cross Reference:
- Board Policy No. 2161 Education of Students with Disabling Conditions
Legal References:
- RCW 28A.210.290 Catheterization of public and private school students - Immunity from liability
- RCW 28A.210.255 Provision of health services in public and Private Schools – Employee job descriptions
- RCW 28A.210.280 Catheterization of public and private school Students
- RCW 18.79.290 Catheterization of students -Rules
- WAC 246-840-820 Provision for clean, intermittent catheterization in schools
Classification: Essential
Adoption Date: March 22, 1995
Revised Date: April 10, 2019
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Catheterization Procedures- 3417P
The District will provide for clean, intermittent catheterization of students or assisted self-catheterization of students who are in the custody of the District in accordance with the following rules:
A. The student's medical file must contain a written request from the parent(s) or guardian for the clean, intermittent catheterization of the student.
B. The student's medical file must contain written permission from the parent(s) or guardian for the performance of the clean, intermittent catheterization procedure by the non-licensed school employee.
C. The student's medical file must contain a current written order for clean, intermittent catheterization from the student's physician and must include written instructions for the procedure. The order must be reviewed and/or revised each school year.
D. The student’s medical file must contain written, current, and unexpired instructions from a licensed registered nurse regarding catheterization that includes: (a) the school district employee or employees who may provide for the catheterization, and (b) a description of the nature and extent of any required supervision.
E. The service will be offered to all disabled students and may be offered to non-disabled students, at the discretion of the School Board.
F. A licensed registered nurse must develop instructions specific to the needs of the student. These must be made available to the non-licensed school employee and must be updated each school year.
G. The supervision of the self-catheterizing student will be based on the needs of the student and the skill of the non-licensed school employee.
H. A licensed registered nurse, designated by the Superintendent or designee, will be responsible for the training of the non-licensed school employees who are assigned to perform clean, intermittent catheterization of the students.
I. Accommodations will be made to have two staff members present during catheterization if parent(s)/guardian(s) or a student makes the request or if it is deemed necessary by a nursing professional.
J. The training of the non-licensed school employee will include, but not be limited to:
1. An initial in-service training of a length to be determined by the licensed registered nurse;
2. An update of the instructions and a review of the procedure each school year;
3. Anatomy, physiology and pathophysiology of the urinary system, including common anomalies for the age group served by the employee;
4. Techniques common to the urinary catheterization procedure;
5. Identification and care of the required equipment;
6. Common signs and symptoms of infection and recommended procedures to prevent the development of infections;
7. Identification of the psychosocial needs of the parent/guardian and the students with emphasis on the needs for privacy and confidentiality;
8. Documentation requirements;
9. Communication skills including the requirements for reporting to the registered nurse or physician;
10. Medications commonly prescribed for the clean, intermittent catheterization patient and their side effects;
11. Contraindications for clean, intermittent catheterization and the procedure to be followed if the non-licensed school employee is unable to catheterize the student;
12. Training in catheterization specific to the student's needs;
13. Developmental growth patterns of the age group served by the employee;
14. Utilization of a teaching model to demonstrate catheterization techniques with return demonstration performed by the non-licensed school employee, if a model is available; and
K. The training of the non-licensed school employee will be documented in the employee's permanent file. The District will record the names of the individuals receiving the catheterization training and the training dates. These records will be kept available for audits.
Adoption Date: February 8, 1995
Revised Date: April 24, 2019
Procedure 3417P- Catheterization Procedures
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Catheterization- Licensed Medical Practitioner's Authorization Form- 3417F1
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Catheterization Parent Request Form- 3417F2
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Response to Student Injury or Illness- 3418
The Board recognizes that schools are responsible for providing first aid or emergency treatment in the case of sudden illness or injury to a student on school grounds or during a district-sponsored activity or event. To that end, the Board encourages school staff to become certified in first aid. Follow-up or further medical attention or treatment is the responsibility of the parent or guardian. Schools will notify the parent or guardian of a student who suffers an illness or injury on school grounds or at any district-sponsored activity or event as soon as practicable.
Any school district employee who is not licensed as a registered nurse, advanced registered nurse practitioner, or licensed practical nurse who provides emergency care at the scene of an emergency during an officially designated school activity or who participates in transporting an injured person or persons for emergency treatment will not be liable for civil damages resulting from any acts or omissions in providing the emergency care or in transporting the person(s), other than acts or omissions constituting gross negligence or willful or wanton misconduct.
The Superintendent will establish procedures to be followed consistent with this policy.
Legal References:
- RCW 28A.210.260 Administration of medication – Conditions
- RCW 28A.300.471 Medical emergency response and automated
- External defibrillator program
- RCW 4.24.300 Immunity from liability for certain types of medical care
- RCW 70.54.310 Semiautomatic external defibrillator – Duty of
Acquirer – Immunity from civil liability
Classification: Priority
Adoption Date: July 29, 1992
Revised Date: October 25, 1995, April 10, 2019
Policy 3418 Response to Student Illness-Injury
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Response to Student Illness/Injury Procedures- 3418P
Evaluation
When a student is injured or ill at school or during any school-sponsored activity or event, it is the responsibility of staff to see that immediate care and attention is provided to the student until the staff member is relieved by an administrator, a staff member certified in first aid, a nurse, a doctor, emergency personnel, or other medical personnel.
Except in cases of very minor injuries (e.g., cuts, scrapes, rug burns) that, in the judgment of the school nurse or another trained designated staff member, do not pose a serious health risk to the student and will not worsen if the student remains at school, the principal or designee and school nurse (if not already notified) will be promptly notified of any student's:
1. Injury;
2. Illness; or
3. Physical trauma that could have caused injuries as yet unobservable.
The school nurse, principal, or other trained designated staff member will determine whether the injury, illness or trauma is serious enough to warrant calling 911. Upon finding that it is not, appropriate staff member will administer first aid to the student consistent with their training. The nurse, principal or other trained designated staff member will determine whether an ill or injured student who has received first aid should return to class. Parents will be informed and consulted regarding the illness or injury as appropriate.
Emergency Treatment
In the event of a medical emergency as determined by the school nurse, principal, or other trained designated staff member, 911 will be called. Medical emergencies may include, but are not limited to:
- Severe allergic reaction (Anaphylaxis)
- Choking or severe difficulty breathing
- Shock
- Deep or serious wounds
- Bleeding that is difficult to control
- Back and neck injuries or broken bones
- Severe head injury
- Unconsciousness
- Seizure – if the student has never had a seizure before or if directed by the student’s Individual Health Care Plan
- Serious burns
- Spill or release of hazardous chemicals
Students with uncontrolled bleeding and those who have difficulty breathing, cardiac arrest, or an injury to the head, neck or back will only be moved and transported by EMS or other medical personnel.
Parent/Guardian or Emergency Contact Notification
Except in cases of very minor injuries as described above, the principal or designee will notify the parent or guardian (or, if the parent or guardian cannot be reached, the emergency contact), to advise them of the student's condition as soon as practicable.
The parent or guardian or emergency contact will decide, in non-emergency cases, whether:
1. The parent/guardian or emergency contact will transport the student to receive medical care;
2. The parent/guardian or emergency contact will pick up the student; or
3. The student will remain at school.
An accident report (District form No. 3418F3) must be completed by the principal or designee as soon as possible following a sudden serious illness or injury. The written report should include a description of the circumstances of the illness or injury and procedures followed in handling it at school or district activity. A copy should be included in the student’s folder and a copy should be sent immediately to the District Business Services coordinator and to the Superintendent.
Advanced Directives
The District will consult with its legal counsel prior to accepting any advance directives from physicians to limit medical treatment.
Revised Date: September 15, 1992, October 25, 1995, February 25, 1998, April 10, 2019
Response to Student Illness/Injury- 3418P
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Illness/Injury- Emergency Information Forms- 3418F1
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Illness/Injury- Healthy History Form- 3418F2
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Illness/Injury- Accident Report Form- 3418F3
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Illness/Injury- Accident/Incident Report Follow-Up- 3418F4
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911- Emergency Response Checklist- 3418F5
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Self Administration of Asthma and Anaphylaxis Medication- 3419
Asthma is an inflammatory disease of the respiratory tract. Anaphylaxis is a life-threatening allergic reaction that may involve the systems of the entire body. Anaphylaxis is a medical emergency that requires immediate medical treatment and follow-up care by an allergist/immunologist.
Students with asthma or anaphylaxis will be granted the authorization to self-administer prescribed medications to treat their asthma or anaphylaxis in accordance with Procedure 3419P.
The Superintendent or designee will establish procedures that implement this policy and follow emergency rescue procedures and procedures for responding to medical emergencies resulting from asthma or anaphylaxis. The procedures will follow the most recent guidelines published by the Office of the Superintendent of Public Instruction (OSPI) and the Department of Health (DOH).
Cross References:
- Policy 3416 – Medication at School
- Policy 3420 – Anaphylaxis Prevention and Response
- Policy 2162 – Education of Students with Disabilities Under Section 504 of Rehabilitation Act of 1973
- Policy 2161 – Special Education and Related Services for Eligible Students
Legal References:
- RCW 28A.210.370 Students with Asthma
- RCW 28A.210.380 Anaphylaxis – Policy Guidelines-Procedures-Reports
- 42 U.S.C 201 et seq. Public Health Service Act
- 42 U.S.C 12101et seq. Section 512 Americans with Disabilities Act of 1990
- 34 CFR Part 104 Section 504 of Rehabilitation Act of 1973
Classification: Essential
Adoption Date: February 13, 2013
Revised Date: April 10, 2019
Policy 3419- Self Administration of Asthma and Anaphylaxis Medication
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Self Administration of Asthma and Anaphylaxis Medication- 3419P
Asthma is an inflammatory disease of the respiratory tract. Anaphylaxis is a life-threatening allergic reaction that may involve systems of the entire body. Anaphylaxis is a medical emergency that requires immediate medical treatment and follow-up care by an allergist/immunologist.
Students with asthma or anaphylaxis are authorized, in consultation with the school’s registered nurse, to possess and self-administer medication for asthma or anaphylaxis during the school day, during school sponsored activities and while traveling to and from school or school sponsored activities if the following conditions are met:
1. A health care provider has prescribed the medication for use by the student during school hours or district activity and has instructed the student in the correct and responsible way to use the medication(s);
2. The student demonstrates to the health care provider and a registered nurse at the school the skill level necessary to use the medication and any device necessary to administer the medication;
3. The health care provider formulates a written treatment plan for managing the asthma or anaphylaxis episodes of the student and for use of medication during school hours or district activity. The written treatment plan should include name and dosage of the medication, frequency with which it may be administered, possible side effects and the circumstances that warrant its use;
4. The parent or guardian has submitted to the school a written request for the student to self-administer medication(s) for asthma or anaphylaxis, the health care provider’s written treatment plan, and any other written documentation required by the school; and
5. The parent or guardian has signed a statement acknowledging that the District will incur no liability as a result of any injury arising from the self-administration of medication by the student and that the parents or guardians will indemnify and hold harmless the District and its employees or agents against any claims arising out of the self-administration of medication by the student.
A. An authorization to self-administer medication will only be valid for the same school and school year for which it is granted. The parent or guardian must renew the authorization each school year.
B. The District will keep the following information on file at the student’s school in a location easily accessible in the event of an asthma or anaphylaxis emergency:
1. The written treatment plan prepared by the student’s health care provider;
2. The parent or guardian’s written request that the student self-administer medication; and
3. The parent or guardian’s signed release of liability form.
C. Backup medication, if provided by the parent or guardian, will be kept at a location in the school to which the student has immediate access in the event of an asthma or anaphylaxis emergency.
D. A student’s authorization to possess and self-administer medication for asthma or anaphylaxis may be limited or revoked by the building principal after consultation with the school’s registered nurse and the student’s parents or guardian if the student demonstrates an inability to responsibly possess and self-administer such medication.
Asthma or Anaphylaxis Rescue Procedures
In the event of an asthma or anaphylactic episode, the school nurse will be immediately contacted. In the absence of the school nurse, the person responsible for school health duties will be contacted.
For asthma, the District will follow the most recent guidelines published by the Office of the Superintendent of Public Instruction and the Department of Health including:
A. Managing the students’ school environment;
B. Training school personnel in rescue procedures;
C. Accompanying all students exhibiting symptoms;
D. Providing care as designed in the student’s emergency care plan;
E. Calling 911, if appropriate;
F. Notifying the student's parent or guardian;
G. Documenting interventions; and
H. Reviewing the student’s emergency care plan and making changes, if necessary.
For anaphylaxis, the District will follow the most recent guidelines published by the Office of the Superintendent of Public Instruction.
Adopted date: April 10, 2019
Procedures 3419P- Self Administration of Asthma and Anaphylaxis Medication
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Student Agreement to Self-Carry- Self-Administer Asthma or Anaphylaxis Medication- 3419F1
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Anaphylaxis Prevention- 3420
Anaphylaxis is a severe allergic and life-threatening reaction that is a collection of symptoms, which may include breathing difficulties and a drop in blood pressure or shock. Anaphylaxis is a medical emergency that requires immediate medical treatment and follow-up care by an allergist/immunologist.
The Snohomish School District Board of Directors expects school administrators, teachers and support staff to be informed and aware of life-threatening allergic reactions (anaphylaxis) and how to deal with the resulting medical emergencies. Some common life-threatening allergens are peanuts, tree nuts, fish, bee or other insect stings, latex and some medications.
Students with life-threatening allergies require planned care and support during the school day and during school-sponsored activities. Additionally, any student could potentially have a lifethreatening allergic reaction even without a history of such.
Parents/guardians are responsible for informing the school about their student’s potential risk for anaphylaxis and for ensuring the provision of ongoing health information and necessary medical supplies. The District will take reasonable measures to avoid known allergens for affected students. The District will also train all staff in the awareness of anaphylaxis and prepare them to respond to emergencies. Additionally, student-specific training will be provided for appropriate personnel.
Even with the District’s best efforts, staff and parents/guardians need to be aware that it is not possible to achieve a completely allergen-free environment. However, the District will take precautions to reduce the risk of a student with a history of anaphylaxis coming into contact with the offending allergen in school.
The Superintendent or designee will establish procedures to support this policy and to ensure:
1. Rescue protocol in cases of suspected anaphylaxis will follow guidelines published by the Office of the Superintendent for Public Instruction (OSPI);
2. A simple and standardized format for individualized emergency care plans is utilized;
3. A protocol is in place to ensure Individual Health Care Plans are current and completed;
4. Medication orders are clear and unambiguous; and
5. Training and documentation are a priority.
Cross References:
- Policy 3416 – Medication at School
- Policy 3419 – Self-Administration of Asthma and Anaphylaxis Medications
- Policy 3418 – Response to Student Injury or Illness
Legal References:
- RCW 28A.210.380 Anaphylaxis - Policy Guidelines and Procedures Report
- RCW 28A.210.320 Children with life-threatening health conditions Medication or treatment orders - Rules
- WAC 392-380 Public School Pupils – Immunization Requirement and Life Threatening Health Condition
Classification: Essential
Adoption date: February 13, 2013
Revised date: April 10, 2019
Policy 3420- Anaphylaxis Prevention
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Anaphylaxis Prevention Procedures- 3420P
Anaphylaxis Prevention Procedures
For students with a medically diagnosed life-threatening allergy, the District will take appropriate steps for the student’s safety, including implementing an Individual Health Care Plan (IHCP). The District will utilize guidelines published by the Office of the Superintendent for Public Instruction (OSPI) for the care of students with anaphylaxis.
Parent/Guardian Responsibility
Prior to enrolling a student, the parent/guardian must inform the school in writing of any medically diagnosed allergy(ies) and risk of anaphylaxis. The parent/guardian must also provide a medication or treatment order for any life-threatening allergies. Upon receiving documentation of the student’s diagnosis, school staff will contact the parent/guardian to develop an IHCP. Such a plan will be developed for each student with a medically diagnosed life-threatening allergy.
Individual Health Care Plan
The Individual Health Care Plan will identify the student’s allergies, symptoms of exposure, practical strategies to minimize the risks and how to respond in an emergency.
The principal or designee (building nurse) may arrange a consultation with the parent/guardian prior to the first day of attendance to develop and discuss the IHCP. The plan will be developed by the parent, nurse and appropriate school staff. If the plan includes self-administration of medications, the parents, students and staff will comply with Policy and Procedure 3419 and 3419P, Self-Administration of Asthma and Anaphylaxis Medication.
Annually and prior to the first day of attendance, the student health file will contain:
1. A current completed IHCP;
2. A written description of the medication or treatment order, signed by a licensed health care provider; and
3. An adequate and current supply of auto-injectors (or other medications).
The school will also recommend to the parents that a medical alert bracelet be worn by the student at all times. The parents/guardians are responsible for notifying the school if the student’s condition changes and for providing the medical treatment order, the auto-injectors and medications as ordered by the prescriber.
Exclusion from School
In accordance with RCW 28A.210.310, students who have a medically diagnosed life-threatening allergy will be excluded from school if a medication or treatment order has not been provided to the school. Prior to excluding the student, the District will provide written notice to the parents or legal guardians that a current unexpired medication or treatment order is required, and that the student will be prohibited from further attendance at the school until a medication or treatment order is provided. The written notice will also inform the parents of their procedural due process rights. Any exclusion will be implemented in a manner that is consistent with the Individuals with Disabilities in Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.
Communication of Plan and Responsibility of School Staff
After the IHCP is developed, the school principal or a designee will inform appropriate staff regarding the affected student. The school nurse (registered nurse) will train appropriate staff regarding the affected student and the IHCP. The plan will be distributed to appropriate staff and placed in appropriate locations in the school building and District. With the permission of parents/guardian and the student, if appropriate, other students and parents may be given information about anaphylaxis to support the student’s safety and control to exposure to allergens.
In-Service Training
Annually, in-service training will be provided on how to minimize exposure and how to respond to an anaphylaxis emergency. The training will include a review of avoidance strategies, recognition of symptoms, the emergency protocols to deal with an anaphylaxis episode and use of an auto injector. Training will also include notifications that more than one dose may be necessary in a prolonged anaphylaxis event. The nurse will provide student-specific training to teachers and staff who will have known contact with a diagnosed student.
Controlling the Exposure to Allergens
Controlling the exposure to allergens requires the cooperation of parents, students, the health care community, school employees and the Board. The District will inform parents of the presence of a student with life-threatening allergies in their child’s classroom and/or school and the measures being taken to protect the affected student. Parents will be asked to cooperate and avoid including the allergen in school lunches and snacks or other products. The District will discourage the sharing of food, utensils and containers. The District will take other precautions, such as avoiding the use of party balloons or contact with latex gloves. Additionally, play areas will be specified that are lowest risk for the affected student.
The District will also identify high-risk events and areas for students with life-threatening allergies, such as foods and beverages brought to school for seasonal events, school equipment and curricular materials used by large numbers of students and implement appropriate accommodations. During school-sponsored activities, appropriate supervisors, staff and parents will be made aware of the identity of the student(s) with life-threatening allergies, the allergens, symptoms and treatment. The lead teacher will ensure that the auto-injector is brought on field trips.
Adoption Date: February 13, 2013
Revised Date: April 10, 2019
Procedure 3420P- Anaphylaxis Prevention Procedures
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Child Abuse and Neglect- 3421
Because child abuse, neglect, and exploitation are violations of children’s human rights and an obstacle to their educational development, the Board directs that staff will be alert for any evidence of such abuse, neglect or exploitation. For purposes of this policy, “child abuse, neglect or exploitation” will mean:
1. Inflicting physical injury on a child by other than accidental means, causing death, disfigurement, skin bruising, impairment of physical or emotional health, or loss or impairment of any bodily function;
2. Creating a substantial risk of physical harm to a child’s bodily functioning;
3. Committing or allowing to be committed any sexual offense against a child as defined in the criminal code, or intentionally touching, either directly or through the clothing, the genitals, anus or breasts of a child for other than hygiene, child care or health care purposes;
4. Committing acts which are cruel or inhumane regardless of observable injury. Such acts may include, but are not limited to, instances of extreme discipline demonstrating a disregard of a child’s pain or mental suffering;
5. Assaulting or criminally mistreating a child as defined by the criminal code;
6. Failing to provide food, shelter, clothing, supervision or health care necessary to a child’s health or safety;
7. Engaging in actions or omissions resulting in injury to, or creating a substantial risk to the physical or mental health or development of a child; or
8. Failing to take reasonable steps to prevent the occurrence of the preceding actions.
Child abuse can include abuse by another minor and so may be included in incidents of student misconduct.
The Superintendent shall develop reporting procedures, including sample indicators of abuse and neglect, and shall disseminate the procedures to all staff. The purpose is to identify and report as soon as possible to the proper authorities all evidence of child abuse or neglect. Staff will receive training regarding reporting obligations during their initial orientation and every three years after initial employment.
Staff are required legally responsible to report all suspected cases of child abuse and neglect. A staff member who has knowledge or reasonable cause to believe that a student has been a victim of physical abuse or sexual misconduct by another school employee will report such abuse or misconduct to the appropriate school administrator. The administrator will report to the proper law enforcement agency if he or she has reasonable cause to believe that the misconduct or abuse has occurred as required under RCW 26.44.030. Under state law, staff are free from liability for reporting instances of abuse or neglect and professional staff are criminally liable for failure to do so.
Staff need not verify that a child has, in fact, been abused or neglected. Any conditions or information that may reasonably be related to abuse or neglect should be reported. Legal authorities have the responsibility for investigating each case and taking such action as is appropriate under the circumstances.
Cross Reference:
- Board Policy No. 4411 Relations with Law Enforcement and Child Protective Services and the County Health Department
Legal References:
- RCW 13.34.300 Failure to cause juvenile to attend school as evidence under neglect petition
- 26.44.020 Child abuse - Definitions
- 26.44.030 Reports - Duty and authority to make - Duty of receiving agency
- 26.44.070 Central registry of reported cases of child abuse
- 28A.400.317 Physical abuse or sexual misconduct by school employees - Duty to report - Training
- 28A.620.010 Community education provisions - Purposes
- 28A.620.020 Community education provisions - Restrictions
- 43.43.830(6) Background checks - Access to children or vulnerable persons
- WAC 388-15-009 What is child abuse or neglect?
- AGO 1987, No. 9 Children - Child Abuse - Reporting by School Officials - Alleged Abuse by Student
Adoption Date: July 29, 1992
Revision Dates: July 28, 1999, January 12, 2005, August 26, 2015
Policy 3421- Child Abuse and Neglect
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Child Abuse and Neglect Procedures- 3421P
Reporting Responsibilities
Staff are expected to report every instance of suspected child abuse or neglect. Since protection of children is the paramount concern, staff should discuss any suspected evidence with the principal, counselor, or nurse regardless of whether the condition is listed among the indicators of abuse or neglect.
Staff are reminded of their legal obligation as District employees to report suspected child abuse, and professional staff are reminded of their legal obligation to make such reports. Staff are also reminded of their immunity from potential liability for doing so.
The following procedures are to be used in reporting instances of suspected child abuse:
Reporting Procedure
1. When there is reasonable cause to believe that a student has suffered abuse or neglect, staff or the principal shall immediately contact the nearest office of Child Protective Services (CPS) or the Department of Social and Health Services (DSHS). If this agency cannot be reached, the report shall be submitted to the police, sheriff, or prosecutor’s office. Such contact must be made within forty-eight (48) hours.
Staff will also advise the principal regarding instances of suspected abuse or neglect and reports of suspected child abuse that have been made to state authorities or law enforcement. In his/her absence, the report shall be made to the counselor or nurse.
A staff member may wish to discuss the circumstances with an employee of CPS for assistance in determining if a report should be made. Child Protective Services has the responsibility of determining the fact of child abuse or neglect. Any doubt about the child’s condition shall be resolved in favor of making the report.
2. A written report shall be submitted promptly to the agency to which the telephone report was made. The report shall include:
a. The name, address and age of the child;
b. The name and address of the parent or person having custody of the child;
c. The nature and extent of the suspected abuse or neglect;
d. Any evidence of previous abuse or any other information that may relate to the cause or extent of the abuse or neglect; and e. the identity, if known, of the person accused of inflicting the abuse or neglect.
3. The District will within forty-eight (48) hours of receiving a report alleging sexual misconduct by a school employee notify the parents of a student alleged to be the victim, target or recipient of the misconduct.
Abuse Indicators
Physical Abuse Indicators:
1. Bilateral bruises, extensive bruises, bruises of different ages, patterns of bruises caused by a particular instrument (belt buckle, wire, straight edge, coat hanger, etc.);
2. Burn patterns consistent with forced immersion in a hot liquid (a distinct boundary line where the burn stops), burn patterns consistent with a spattering by hot liquids, patterns caused by a particular kind of implement (electric iron, etc.) or instrument (circular cigarette burns, etc.);
3. Lacerations, welts, abrasions;
4. Injuries inconsistent with information offered by the child;
5. Injuries inconsistent with the child’s age; and/or
6. Injuries that regularly appear after absence or vacation.
Emotional Abuse Indicators:
1. Lags in physical development;
2. Extreme behavior disorder;
3. Fearfulness of adults or authority figures; and/or
4. Revelations of highly inappropriate adult behavior, i.e., being enclosed in a dark closet, forced to drink or eat inedible items.
Sexual Abuse Indicators: Sexual abuse, whether physical injuries are sustained or not, is any act or acts involving sexual molestation or exploitation, including but not limited to incest, rape, carnal knowledge, sodomy or unnatural or perverted sexual practices. Indicators include:
1. Child having difficulty sitting down;
2. Child refusing to change into gym clothes (when he/she has been willing to change clothes in the past);
3. Venereal disease in a child at any age;
4. Evidence of physical trauma or bleeding to the oral, genital or anal areas;
5. Child running away from home and not giving any specific complaint about what is wrong at home; or
6. Young pregnancy with no history of peer socialization.
Physical Neglect Indicators:
1. Lack of basic needs (food, clothing, shelter);
2. Inadequate supervision (unattended);
3. Lack of essential health care and high incidence of illness;
4. Poor hygiene on a regular basis;
5. Inappropriate clothing in inclement weather;
6. Abandonment;
7. Irregular school attendance;
8. Long working hours; and/or
9. Continuous friction in the home, marital discord, mentally-ill parents.
Indicators of Abuse:
1. Wary of adult contact;
2. Frightened of parents;
3. Afraid to go home;
4. Habitually truant or late to school;
5. Arrives at school early and remains after school later than other students;
6. Wary of physical contact by adults;
7. Shows evidence of overall poor care;
8. Parents describe child as “difficult” or “bad”;
9. Inappropriately dressed for the weather — no coat or shoes in cold weather or long sleeves and high necklines in hot weather (possibly hiding marks of abuse); and/or
10. Exhibit behavioral extremes: crying often or never, unusually aggressive or withdrawn and fearful.
Note: Behavioral indicators in and of themselves do not prove abuse has occurred. Together with other indicators, they may warrant a referral.
Child abuse as defined by the statutes can be inflicted “by any person” and may include student-on- student abuse. These cases also require reporting to CPS, DSHS or law enforcement. Child abuse in this and all other cases requires two elements. First, there must be injury, sexual abuse, sexual exploitation, negligent treatment or maltreatment. Second, there must be harm to the child’s health, welfare or safety.
Revision Dates: October 28, 1992, January 12, 2005, August 26, 2015
Procedure 3421P- Child Abuse and Neglect Procedures
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Report of Child Abuse and Neglect Form- 3421F1
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School Patrol- 3422
The superintendent shall establish rules and regulations pertaining to the operation of the school patrol. Legal References: WAC 392-151 Traffic Safety - School Safety Patrol RCW 28A.220 School patrol - Appointment - Authority - Finance - Insurance
Adoption Date: July 29, 1992
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School Patrol Procedures- 3422P
The following procedures shall govern the operation of the school patrol:
1. Members of the school patrol shall assist students in the safe and proper crossing of streets, highways and roads adjacent to the school and other crossing areas approved by the local law enforcement agency.
2. A school patrol member shall not be allowed to direct vehicular traffic.
3. The principal shall provide leadership in matters of selecting, instructing and supervising patrol matters. Responsibility for the actual operation may be delegated to a staff member or a safety committee.
4. The members of a school patrol shall wear a badge or other appropriate insignia marked “School Patrol” when in performance of their duties. (The district may purchase uniforms, badges, signs and other appropriate materials for use by patrol members.)
5. School patrol members shall be selected from volunteers from grades 5-8. Parent or guardian approval is required.
6. Each patrol member candidate shall be given a hearing and vision examination. The appointment shall be made by the principal.
7. New patrol members shall be selected 30 days before the end of the school year. Such new members shall work with trained members long enough to learn their duties.
8. A captain of the school patrol shall be selected.
9. The patrol supervisor shall work closely with the local law enforcement agency in such matters as training and selecting safe routes and crossings.
10. The contents of the State or Washington School Safety Patrol Manual (SPI, 1979) will be reviewed at training sessions provided for all safety patrol members.
Revised: July 29, 1992
Procedure 3422P- School Patrol Procedures
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Student Sports- Concussion and Head Injuries- 3423
Student Sports – Concussion, Head Injuries and Sudden Cardiac Arrest
The Board of Directors recognizes that concussions and head injuries are commonly reported injuries in children and adolescents who participate in sports and other recreational activities. Additionally, sudden cardiac arrest has been identified as a risk to athletes during sports. The Superintendent or designee shall be responsible for developing procedures to address such injuries and risks consistent with Washington State law. The District will utilize guidelines, information, and forms developed with the Washington Interscholastic Activities Association (WIAA) and other medically recognized resources to inform and educate coaches, youth athletes, and their parents and/or guardians of the nature and risk of sudden cardiac arrest, concussions or head injuries, including the dangers associated with continuing to play after a concussion or head injury.
Prior to their first use of school facilities, all private nonprofit youth programs must provide a written statement of compliance with this policy in regard to concussion, head injury and sudden cardiac arrest with proof of insurance as required by RCW 4.24.660.
Cross Reference:
- Policy 4330 Use of School Facilities
Legal References:
- RCW 28A.600.190 Youth Sports – Concussions and head injury guidelines – Injured athlete restrictions
- RCW 4.24.660 Liability of school districts under contract with youth programs.
- RCW 28A.600.195 Sudden Cardiac Arrest Awareness Act
Management Resources:
- Policy News, 08-2009 Concussion and Head Injuries Legislation
- Policy News, August 2014 Issue Policy News, June 2015 Issue
Adoption Date: April 14, 2010
Revision Date: April 12, 2017
Policy 3423- Student Sports- Concussion and Head Injuries
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Student Sports- Concussion and Head Injuries Procedures- 3423P
Concussion, Head Injury and Sudden Cardiac Arrest Management in Interscholastic Athletics
A. Administrator in Charge of Athletics Duties:
1. Updating: Each spring, the administrator in charge of athletics shall review any changes that have been made in forms required for concussion, head injury and sudden cardiac arrest management by consulting with the WIAA or the WIAA website. If there are any updated forms, they will be adopted and used for the upcoming school year.
2. Identifying Sports: All Interscholastic Athletics in the District will be subject to the Concussion, Head Injury, and Sudden Cardiac Arrest Policy 3423 and 3423P.
B. Coach Training: All Interscholastic Athletic coaches and volunteers shall undergo training in head injury, concussion management, and sudden cardiac arrest per WIAA guidelines prior to assuming coaching duties by one of the following means: (1) through attendance at a WIAA or similar r presentation which uses WIAA guidelines; or (2) by completing WIAA online training. Records will be maintained in the District for all required trainings.
C. Parent Information Sheet: On a yearly basis, a concussion and head injury and sudden cardiac arrest information sheet shall be signed by the youth athlete and the athlete's parent and/or guardian prior to the youth athlete's initiating practice or competition. These information sheets are incorporated into the parent permission sheets which allows students to participate in extracurricular athletics.
D. Coach’s Responsibility: A youth athlete who is suspected of sustaining a concussion or head injury in a practice or game shall be immediately removed from play. The coach or trainer shall promptly notify the parent and/or guardian of suspected concussion or head injury and the need for the student to be evaluated by a licensed health care provider trained in the evaluation and management of concussion.
E. Return to Play After Concussion, head injury or symptoms of sudden cardiac arrest: A student athlete who has been removed from play may not return to play until the athlete is evaluated by a licensed health care provider trained in the evaluation and management of concussion or sudden cardiac arrest and receives written clearance to return to play from that health care provider. The health care provider may be a volunteer.
Adoption Date: April 14, 2010
Revision Date: April 12, 2017
Procedure 3423P- Student Sports- Concussion and Head Injuries Procedures
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Sudden Cardiac Arrest Information Sheet- 3423F2
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Head Injury and Concussion Form- 3423F1
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Facility Use Form- Head Injury-Concussion-Sudden Cardiac Arrest- 3423F3
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Return to School After Concussion Form- 3423F5
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Opioid Related Overdose Reversal- 3424
The Board recognizes that the opioid epidemic is a public health crisis and access to opioidrelated overdose reversal medication can be lifesaving. To assist a person at risk of experiencing an opioid-related overdose, the district will make a good faith effort to obtain opioid overdose reversal medication from a donation source, and to maintain at least one set of the medication doses in each of its high schools. If the district demonstrates a good faith effort but is unable to obtain opioid overdose reversal medication through a donation source, the district is not required to maintain the medication at its high schools.
Opioid overdose reversal medication must be maintained and administered in a manner consistent with a standing order issued in accordance with RCW 69.41.095(5). The following personnel may distribute or administer the school-owned opioid overdose reversal medication to respond to symptoms of an opioid-related overdose pursuant to a prescription or standing order issued in accordance with RCW 69.41.095:
- A school nurse, or
- Designated trained school personnel
Training for school personnel who have been designated to distribute or administer opioid overdose reversal medication must meet the requirements for training described in RCW 28A.210.395 and any rules or guidelines adopted by the Office of Superintendent Public Instruction (OSPI). If a district high school does not have a full-time school nurse, the district will designate and train at least one member of the high school’s personnel to distribute and administer opioid overdose reversal medication.
If any type of overdose is suspected, including an opioid related overdose, district staff will call 9-1-1 and alert a first responder. The school nurse or designated school personnel will follow the Washington Department of Health steps for administering naloxone for a suspected opioid related overdose.
Cross References:
- Policy No. 3418 Response to Student Injury or Illness
- Policy No. 3416 Medication at School
Legal References:
- Chapter 28A.210 RCW Health Screening and Requirements
- RCW 28A.210.390 Opioid overdose reversal medication – Standing order – Administration
- RCW 28A.210.395 Opioid overdose reversal medication – Policy guidelines and treatment requirements – Grant program
- RCW 69.41.095 Opioid overdose reversal medication – Standing order permitted RCW 69.50.315 Drug-related overdose
Classification: Essential
Adoption Date: August 26, 2020
Policy 3424- Opioid Related Overdose Reversal
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Opioid Related Overdose Reversal Procedures- 3424P
Opioid Related Overdose Reversal
Opioid overdose reversal medication is an evidence-based intervention known to result in positive outcomes for individuals experiencing an opioid related overdose. The district will utilize the Opioid Related Overdose Policy Guidelines & Training in the School Setting published by the Office of the Superintendent of Public Instruction (OSPI).
Opioids and Overdose
Opioids are a class of drugs derived from opium poppy or entirely created in a lab. Opioids include morphine, codeine, oxycodone, hydrocodone, hydromorphone, heroin, meperidine, fentanyl, and methadone. There are prescription opioids and opioids that are created and obtained illicitly.
An opioid overdose happens when someone has taken too much of an opioid. Synthetic opioids such as Fentanyl are especially dangerous due to its potency and can be added to illicit street drugs. A person may experience non-life-threatening effects such as nausea, vomiting, or sleepiness. A person may also experience life-threatening effects that may lead to death, including infrequent or absent breathing, slowed or irregular heartbeat, no response to stimuli, and severe allergic reaction.
Risk factors for an opioid overdose include:
- Mixing opioids with other substances including benzodiazepines or alcohol • Using opioids after a break-in use due to decreased tolerance
- Taking too many opioids
- Other health conditions
- Previous overdose
- Using opioids not from a pharmacy because the strength is unknown
- Using alone (increases risk from dying from an overdose)
Those who overdose rarely experience sudden breathing cessation. There is usually enough time to intervene before breathing completely stops and death occurs. Opioid overdose reversal medication and rescue breathing are evidence-based intervention outcomes for individuals experiencing an opioid overdose.
An opioid high presents differently than an opioid overdose.
Opioid High:
- Normal skin tone
- Breathing appears normal
- Speech slurred or slow
- Responsive to stimuli
- Pinpoint pupils (with some exceptions)
Opioid Overdose:
- Pale, clammy skin
- Blue or purple lips or fingernails for person with light complexion and white or ashy lips and fingernails for person with dark complexion.
- Infrequent, shallow or absent breathing
- Respiratory rate less than 8 breaths per minute
- Slow or irregular heartbeat
- Deep snoring, gurgling or choking sounds (deep rattle)
- Not responsive to stimuli
- Pinpoint pupils
An opioid overdose may occur intentionally or in many cases unintentionally after injection, ingestion, or inhalation of an opioid. Assessing an individual for responsiveness and breathing is critical to a successful outcome of a person experiencing an opioid overdose. A few quick ways to determine this are:
- Shout their name and if they do not respond, shake them
- Rub knuckles hard on the breastbone in the middle of the chest or on the upper lip of the individual.
If the person responds to the stimuli, assume an overdose has not yet occurred. However, emergency medical services should be notified. Remain with the individual and continue to assess for responsiveness and breathing until help arrives. It is important to monitor the person and try to keep the individual awake and alert. If the person does not respond to the stimuli, assume they may be experiencing an opioid overdose.
An opioid overdose requires immediate medical attention. It is essential to have a trained medical professional assess the condition of a person experiencing an overdose. All schools are expected to activate emergency medical services in an expected case of an overdose. Naloxone is effective only if there are opioids involved in the overdose. Naloxone will not reverse an overdose involving alcohol, benzodiazepines, or cocaine. Washington’s Good Samaritan Law provides some protections when calling 911 to save a life, even if drugs are at the scene according to RCW 69.50.315. The victim and person calling 911 cannot be prosecuted for simple possession. The District will follow the Washington Department of Health’s steps for administering naloxone for drug overdose.
Obtaining and Maintaining Opioid Overdose Medication
The district may seek to obtain opioid overdose reversal medication through donations from manufacturers, non-profit organizations, hospitals, and local health jurisdictions. The district may also purchase opioid overdose reversal medication directly from companies or distributers at discounted pricing. The district must maintain written documentation of its good faith effort to obtain opioid overdose reversal medication from a donation source.
A school administrator at each district high school will ensure that opioid overdose reversal medication is stored safely and consistently with the manufacturer’s guidelines. School administrators also will make sure that an adequate inventory of opioid overdose reversal medication is maintained consistent with reasonably projected demands. Medication should be routinely assessed to ensure there is enough time to reacquire the medication prior to the expiration date.
Opioid overdose reversal medication must be clearly labeled in an unlocked, easily accessible cabinet in a supervised location. The district will consider storing opioid overdose reversal medication in the same location as other rescue medications. Expiration dates should be documented on an appropriate log a minimum of two times per year. Additional materials (e.g. barrier masks, gloves, etc.) associated with responding to an individual with a suspected opioid overdose should be stored with the medication.
Training
Training for designated school personnel will occur annually prior to the beginning of each school year and throughout the school year as needed. Training may take place through a variety of platforms, including online or in a more conventional classroom setting. Training may occur in small groups or be conducted one-on-one and may be offered by nonprofit organizations, higher education institutions, or local public health agencies. A licensed registered professional nurse who is employed or contracted by the district may train the designated school personnel on the administration of the opioid overdose reversal medication consistent with OSPI’s guidelines and this policy/procedure.
The district will maintain a log for each high school that includes: the names of the designated school personnel, a list of all trainings with the date, location, format of the training, and the name of the trainer and their associated organization.
Liability
The liability of a person or entity who complies with RCW 28A.210.390 is limited as described in RCW 69.41.095.
Adoption Date: August 26, 2020
Procedure 3424P- Opioid Related Overdose Reversal Procedures
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Emergencies- 3432
Emergencies
Drills:
Each school in the district will conduct at least one safety-related drill per month when school is in session. These drills will teach students the following three basic functional drill responses:
1. Shelter-in-Place Students will receive instruction in shelter-in-place to limit exposure to hazardous materials released into the environment when there is insufficient time to evacuate the campus, by isolating the inside environment from the outside, and taking the steps necessary to eliminate or minimize the health and safety hazard.
2. Lockdowns Students will receive instruction so that in the event of the breach of security of a school building or campus; staff, students and visitors will take steps to isolate from threats of violence. Lockdown structure will include recommendations from the National Association of School of Psychologists.
3. Evacuations Students will receive instruction so that in the event the school or district needs to be evacuated due to threats, such as fires, oil train spills, or tsunamis, they will be able to leave the building in the shortest time possible and take the safest route possible to another school or facility.
The above safety-related drills will incorporate the following:
a. Use of the school mapping information system in at least one of the drills; and
b. A pedestrian evacuation drill for schools in mapped tsunami hazard zones; and
c. An earthquake drill using the state-approved earthquake safety technique “drop, cover, and hold.”
The Superintendent or designee will develop emergency evacuation procedures for each building.
Earthquakes
The Board recognizes the importance of protecting staff, students and facilities in the event of an earthquake. Facilities will be designed to meet or exceed current building seismic codes enforced at the time of construction permitting and maintained in a manner to sustain the seismic integrity of the facility. Likewise, staff must be prepared to take necessary action to protect students and staff from harm.
The Superintendent or designee will establish guidelines and action to be taken by building principals should an earthquake occur while school is in session.
Bomb Threats
The Superintendent or designee will establish procedures for action in the event that any threat is received toward the school by telephone, letter, orally or by other means.
Emergency School Closure or Evacuation
When weather conditions or other circumstances make it unsafe to operate schools the Superintendent is directed to determine whether schools should be started late, closed for the day and/or whether transportation will be provided only on emergency routes. Those decisions will be communicated through community media resources pursuant to a plan developed by the Superintendent or designee.
Outbreak, Epidemic, Pandemic
The Board recognizes that an outbreak, epidemic or pandemic is a serious threat that could affect students, staff and the community. The Superintendent or designee will serve as a liaison between the district and local health officials. The district liaison, in consultation with local and national health officials, will ensure that a pandemic/epidemic plan exists in the district and establish procedures to provide for staff and student safety during such an emergency.
When a health emergency within a school or its surrounding area necessitates evacuation and/or total or partial closure of the schools within the district, staff will be responsible for aiding in the safe evacuation of the students within the endangered school or its surrounding area.
The Superintendent or designee will establish procedures for the emergency closure of a building or department.
Cross Reference:
- Policy 4310 District Relationships with Law Enforcement and other Government Agencies
Legal References:
- RCW 19.27.110 International fire code – Administration and enforcement by counties, other political subdivisions and municipal corporations - Fees
- RCW 28A.320.125 Safe school plans – Requirements - Duties of school districts, schools, and educational service districts – Reports – Drills - Rules
Classification: Essential
Adoption Date: July 29, 1992
Revised: October 14, 2020
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Emergencies Procedures- 3432P
Emergency Procedures
Fire Evacuation:
A. In the event of a fire:
1. Pull the nearest fire alarm, this will trigger the alarm at the fire station;
2. Call 911 and report the fire;
3. Evacuate the building; and
4. Refer to the Emergency Response Handbook under fire, evacuation-flee, evacuationsafety for detailed instructions.
Authority to sound the fire alarm system in the event of a real emergency is possessed by any person who discovers the fire.
B. Fire Evacuation Drills:
1. Instructions regarding fire drill procedures must be given to all students on the first day of school in September each year;
2. A fire/evacuation drill must be held three times each school year; and
3. It is important that kindergarten children, representing the one large group of children new to the schools, be given instruction in fire drill procedures for the building.
C. Authority to Call Drills:
The sounding of a fire alarm for the purpose of a drill is an authority possessed solely in the principal, or someone authorized by the principal.
D. Purpose of Fire Drills:
Fire drills are held to familiarize the occupants of a building with the signals, evacuation routine, and exits, so that in case of emergency there shall be no hesitation or confusion in leaving the building.
These drills are for the safety of all persons involved, and each person must realize that the success of the drill is dependent upon their actions and cooperation. Therefore:
1. All persons in the building must take part in the fire drill; and
2. Every fire alarm should be considered as a warning of an actual fire.
E. Frequency - Fire Drills in Schools:
1. Fire drills will be held three times a school year at a minimum to assure rapid and orderly evacuation of the school building. During severe weather, fire drills may be postponed. A record of all fire drills will be kept on the premises subject to inspection by the fire chief; and
2. Fire drills include complete evacuation of all persons from the school building.
F. Responsibilities of Staff Principals will:
1. Be in complete charge of all matters pertaining to organizing and conducting fire drills in the building, and will be responsible for the efficiency of the drill and all discipline taken for violation of the rules and regulations;
2. Be familiar with the fire alarm system, all fire-fighting equipment, all means of egress, and any special features of the building that might prove dangerous to human life, (storerooms, lunchrooms, attic spaces, ventilators, etc.) or where fire may spread quickly;
3. Be responsible for notifying custodians, maintenance staff , and lunchroom staff that in case of an actual fire, the ventilating systems (this happens via the HVAC system), the oil burners, gas meters, ovens, etc., are shut off;
4. Appoint all subordinate officers (see No. 5 immediately below) and instruct them in the general plan of the drills and details of their specific duties, such as instruction regarding:
a. How to send an alarm to the fire department (including how the fire alarm system operates - both electrical and emergency);
b. The importance of quick action to send in a fire alarm signal, and to vacate the building, even if in-school fire-fighting equipment is in use; and
c. How to use all in-school fire-fighting equipment.
5. Appoint subordinate officers:
a. Searchers - These are staff members assigned to inspect sections of the buildings, close to their assigned stations, to make sure that everyone is out. Office areas, restrooms, teachers’ room, and all other places frequented by students or teachers must be checked. Searchers will rejoin their assigned areas as soon as the inspection is completed.
b. Safety Coordinator - In case of actual fire, during the absence of the principal, it must be clearly understood by the entire staff which person will be in charge. Each school will appoint a faculty member as “safety coordinator .” The principal should make good use of this person in the fire drill program.
Classroom Teachers will :
1. Be in charge of their respective classes;
2. Issue all commands relative to participation in the fire drills, except as delegated by them to fire drill aides;
3. Unless assigned as searchers, lead their classes to the designated outside stations; and
4. Immediately report to the principal, or designated safety coordinator, if any student is unaccounted for after a visual check of students or after taking roll.
G. Drills on Request:
Occasionally, fire department representatives may come to schools and request an immediate fire drill. Principals are expected to cooperate fully, even to the extent of calling a drill at an inconvenient time.
The fire department is aware that there may be times when a fire drill should not be called, and it will rely upon the principal to advise if this is the case. Examples include; scheduled examinations or during the giving of standardized tests. Principals may, therefore, decline to call an immediate fire drill when a good reason exists.
Procedures
1. During Fire Drills:
a. Principals will sound the alarm;
b. The fire department will be notified of the drill;
c. Teachers will lead students to the designated exit;
d. Students will walk briskly (no running), with arm’s length spacing, and without talking, laughing, or breaking from the rank (no student may leave the line);
e. Students not in the classroom will join the line of the first group of students met (the students must not return to the classroom);
f. Teachers will check roll when assigned area is reached;
g. Teachers will not leave the students gathered at a designated area, unless someone is placed in charge;
h. Teachers will notify the principal if any student is missing; and
i. The principal will initiate a search for any missing students.
2. After a Fire Drill:
a. The principal will give the all clear signal;
b. Teachers will lead the students back into the classroom;
c. Teachers will check the roll;
d. Students will not loiter in the halls;
e. Teachers will notify the principal if any student is missing; and
f. The principal will initiate a search for any missing students.
3. After a False Alarm:
a. The principal will notify the fire department of the incident; and
b. The principal will notify school officials of the incident.
Lockdown and Modified Lockdown
Lockdown is initiated to isolate students and staff from immediate dangers, which may include armed intruders, violent behaviors, suspicious trespassers, on-campus shootings, bomb threat, sniper, or nearby police activity. Please refer to the Emergency Response Handbook for detailed instructions. Lockdown structure will include recommendations from the National Association of School Psychologists.
Modified lockdown is initiated to isolate students and staff inside the school from potential dangers outside the school. Modified lockdown is typically used when events in the vicinity of the school may pose a threat.
Shelter in Place:
“Shelter in place” is initiated to protect students and staff from chemical, radiological, or biological contaminants released into the environment. To “shelter-in-place” means to take immediate shelter where you are and isolate your inside environment from the outside environment. Refer to the Emergency Response Handbook under Lockdown/Shelter-in-place for detailed instructions.
Earthquake:
The threat of an earthquake in Western Washington is ever-present. As with other unforeseen events, the district must be prepared to care for students and staff until danger subsides.Each school principal in consultation with staff is required to prepare a plan and conduct an emergency earthquake drill at least once annually. The building staff is encouraged to contact the district office and the county emergency service department for technical assistance. Refer to the Emergency Response Handbook under Earthquake for detailed instructions.
A. Preparation: The principal and building staff will be responsible for conducting an annual inspection of the building early in the school year for the purpose of identifying potential hazards in the event of an earthquake, e.g., securing all bookcases to wall to prevent collapse. Those hazards that cannot be corrected by building level personnel will be corrected by district maintenance personnel as soon as resources permit.
B. Information to Parents:
Parents should be advised that:
1. If there is an earthquake while children are on their way to school, they should “duck and cover away from power lines, buildings, and trees.”
2. A parent is advised not to remove a child from the school grounds unless they have first checked with school officials. If a parent were to remove a child without checking out, others could be needlessly hurt while searching for a missing child.
3. They should avoid calling the school. The phones, if functioning, may be needed by school staff. Parents of injured children will be notified first. All schools will have trained staff to help injured children until other medical assistance arrives.
Staff members should attempt to account for all students and staff before re-entry. The principal/designee must feel absolutely certain, on the basis of thorough inspection of both structures and utility conduits, that the facility is safe; but no students or staff will be dismissed until procedures have been approved by the Superintendent’s office if district-wide communications are in operation.
C. General Responsibilities: The principal must become familiar with the alarm system, all means of egress, and any special features of the facility which might endanger human life. Staff should be appointed and instructed in the general earthquake plan. The building administrator should carry out all communication functions, coordinate post-quake building inspections, and signal re-entry when safety is assured.
Teachers will see that all members of their respective classes take protective action appropriate to their situations; evacuate classes in an orderly and expeditious manner; maintain order; supervise evacuated students; and, ensure orderly re-entry when signaled. The custodian will l assist in the inspection of the facility, including utility conduits, and shut down mechanical/electrical systems as required. Other staff members will act as searchers; assist in evaluation and care of injured or disabled individuals; help remove hazardous materials or debris; and, carry out any additional assigned functions.
1. Staff Instructions (during quake) Staff should maintain control in the following manner:
a. In a classroom, students should get under a desk or table and grab the table leg, far away from a window, away from bookshelves and heavy objects that may fall, crouch on knees close to ground, place head close to knees, cover side of head with elbows and clasp hands firmly behind neck, close eyes tightly and remain in place until instructed otherwise or until the “all clear” signal is given.
b. In gymnasiums or assembly areas, students should exit such facilities as expeditiously as possible, Individuals should move to designated areas;
c. On a stairway, students should move to the interior wall and “duck and cover.” (individuals should evacuate exterior stairs and move to designated areas); and
d. If outdoors, students should move to designated areas, as far away as possible from buildings, poles, wires, and other elevated objects, and lie down or crouch low to the ground. Staff and students should be aware of encroaching danger that may demand further movement.
2. Staff Instructions (After quake):
The principal and custodian should inspect facilities before instructing staff and students to evacuate. Classes should be evacuated through exits to a safe area. Students should move away from building and remain there until given further instruction. Responsible staff should be posted to prevent re-entry.
Teachers are to account for all students under their supervision and to report any missing students. No student will be released from their care without clearance from assigned staff. Teachers will accompany student to the designated area in groups.
Responsible staff should be posted to prevent reentry.
Following this evacuation, the principal/designee should:
a. Check for injuries among students and staff (do not attempt to move seriously injured persons, unless they are in immediate danger of further injury;
b. Attempt to establish communications with the Resource Service Center via telephone or radio. Report general conditions and known injuries. If contact is not made within one hour, the district will assume communications are not functioning and will attempt to send a team to the site;
c. Check for fires or fire hazards;
d. Check utility lines and appliances for damage. If gas leaks exist, shut off the main gas valves and shut off electrical power. Do not use matches, lighters, or open flame appliances. Do not operate electrical switches or appliances if gas leaks are suspected; e. Instruct students not to touch power lines or objects touched by the wires (all wires should be treated as live);
f. Clean up spilled medicines, drugs, chemicals, and other potentially harmful materials immediately;
g. Do not eat or drink anything from open containers near shattered glass (liquids may be strained through a clean handkerchief or cloth if danger of glass contamination exists);
h. Check closets and storage shelf areas (open closet and cupboard doors carefully and watch for objects falling form shelves);
i. Keep the streets clear for emergency vehicles;
j. Be prepared for “after-shocks”;
k. Respond to requests for help from police, fire department and civil defense, but do not go into damaged areas unless your help has been requested; and
l. Plan for student/staff needs during the time that may elapse before assistance arrives, e.g. four to eight hours.
Bomb Threat:
When possible, every effort should be made to obtain detailed information from a caller of a bomb threat such as: exact location of the bomb, time set for detonation, description of the bomb and type of explosive used. Details such as time of call, exact words used, sex, estimated age, identifiable accent, voice description of the caller and identifiable background noise should also be noted. Refer to the Emergency Response Handbook Telephone Threat for step by step instructions.
Evacuation Decision
If the principal determines that the message is a dangerous threat, law enforcement officers and the district office should be contacted. A routine fire drill should be initiated at soon as possible. Teaching staff should remain with their classes until such time as the danger of explosion is past. Search procedures should be conducted under the direction of law enforcement officers. A written report should be submitted to the Superintendent or designee.
When notifying the district office, the principal should be ready to provide specific information regarding the threat and indicate if the building(s) will be evacuated and/or searched.
If the principal determines the threat is a hoax, the principal will conduct a quiet search of the building. No classes will be dismissed. A written report should be submitted to the Superintendent or designee.
The decision of whether or not to evacuate depends on the circumstances of each threat. Every threat should be handled individually and evaluated separately. If there is doubt as to what action to take, the safety of students and staff must be paramount.
Persons to be evacuated from the area should be moved to a minimum of 300 feet from the point of possible explosion. Power, gas and field lines leading to a danger area should be shut off as soon as practical. All flammable liquids and materials should be removed from the surrounding area as well as any portable materials of value.
Emergency School Evacuation
When an emergency within a school or department necessitates total or partial closure of schools within the district, threatens the safety and well-being of students, and /or interferes in the normal operation of the school, the following emergency procedure must be followed:
1. The report of an emergency will be directed to the building principal, site supervisor, maintenance/safety director, and the Superintendent’s office;
2. The maintenance/safety director will examine the situation and make necessary contacts with the utility companies, fire department etc.;
3. The Superintendent will decide whether to open or close school;
4. If the nature of the emergency calls for immediate action on the part of a principal, the principal will take necessary action and report such action to the Superintendent’s office;
5. The Superintendent’s office will contact those department and/or schools who must assist in the emergency action; and
6. When appropriate the Superintendent or designee will contact the police department and the county department of emergency services.
The principal will instruct staff, including teachers, secretaries, cooks, custodians, aides, and bus drivers as to their respective responsibilities in an evacuation exercise.
The principal will be responsible for organizing and conducting emergency evacuation drills pursuant to this policy and procedure and will evaluate the activity following each such drill. In the absence of the principal, staff should be able to conduct all aspects of the evacuation procedure.
Weather related closures
If inclement weather conditions occur during the night: An established district plan for operations personnel goes into effect to determine if school scheduling will be affected.
If school operation is affected:
Principals will be called early in the morning by a district administrator using the "Telephone Tree." Local radio stations, tv stations, district website and school messenger will announce any change in starting or closing time.
If school is held and weather conditions worsen during the day:
1. Superintendent will make the decision as to whether or not there will be school closure and will notify the schools;
a. All in-district activities and meetings will automatically be cancelled; and
b. Out-of-district functions will be held at the discretion of the Superintendent.
2. Principal will notify teachers and all support staff (including night custodians) of reason and time of early dismissal;
3. Teachers will announce early dismissal instruction list for students;
a. Students who are to ride bus home or to a neighbor's home will be dismissed as usual.
b. Students who are to ride a different bus will be given a pre-written bus permit.
c. Students who walk home will be dismissed as usual. If there is a safety hazard they will be instructed to wait at school until transportation can be provided.
4. Principals will release individual students to parents or guardians or, if requested, to other persons only with permission of parent or guardian who enrolled the child;
5. Teachers and principals will remain in the building until all students are cleared;
6. Principal will release teachers after students are cleared;
7. Principal will remain in the building to follow through on any student problems as a result of the dismissal, for a period of not less than two hours; and
8. Principal will check out with the Superintendent or designee when leaving.
If there is a safety hazard that prevent students from getting home:
1. Superintendent or designee will notify principal that buses cannot run; situations of this type are infrequent;
2. Principals will notify teachers of reason for remaining at school for an unspecified time (including overnight);
3. Principal will release individual students to parents or guardians or, if requested, to other persons only with the permission of the parent or guardian who enrolled the child;
. Teachers will remain with students until instructed otherwise;
5. Principal will notify available teachers and support staff that assistance might be needed to prepare food and sleeping arrangements; and
6-10. (See 4-8 above).
Outbreak, Epidemic, Pandemic
If anyone within the school is discovered or suspected to have a communicable disease that may result in an outbreak, pandemic or epidemic that person will be immediately quarantined pending further medical examination. Local health officials will be notified immediately.
Any student or staff member found to be infected with a communicable disease that bears risk of outbreak, epidemic or pandemic will not be allowed to attend school until medical clearance is provided by the individual’s primary care physician or to the medical personnel indicating that the risk of threat individual transmitting the disease no longer exists.
In the event of prolonged school closing and/or extended absences by staff or students as the result of a pandemic or other catastrophe the Superintendent or designee will develop an outbreak, epidemic or pandemic emergency plan that includes at a minimum:
1. The chain of command for the emergency plan, and the individuals responsible for specific duties such as quarantine;
2. The specific steps the district will take to stop the spread of the disease;
3. The health screening process for staff and students;
4. The transportation plan for sick students;
5. Disease containment measures for the district;
6. A continuing education plan for students. Such a plan may include providing students with assignments via mail, local access cable television, or the school district’s website;
7. Procedures for dealing with student privacy rights;
8. A continuity of operations plans for central office functions including employee leave, pay and benefits during a pandemic; and
9. An ongoing communication plan for staff, students and parents.
Adoption Date: September 15, 1992
Revised: September 24, 1997, November 18, 2013, October 14, 2020
Procedure 3432P- Emergencies Procedures
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Fire Alarm/Fire Drills Report of Emergency Drill Form- 3432F1
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Associated Student Bodies- 3510
An associated student body (ASB) will be formed in each school within the district whenever one or more students in that school engage in money-raising activities with the approval and at the direction or under the supervision of the district.
An ASB will be a formal organization of students, including sub-components or affiliated student groups. Each ASB will submit a constitution and bylaws to the Board for approval. The constitution and bylaws will identify how student activities become approved as student body activities and establish standards for their supervision, governance and financing. Subject to such approval process, any lawful activity that promotes the educational, cultural, social, recreational or athletic growth of students as an optional extracurricular or co-curricular activity may be considered for recognition as an ASB activity. Any lawful fundraising practices that are consistent with the goals of the district and that do not bring disrespect to the district or its students may be acceptable methods and means for raising funds for student body activities.
The school principal will designate a staff member as the primary advisor to the ASB and assure that all groups affiliated with the ASB have an advisor assigned to assist them. Advisors will have the authority and responsibility to intervene in any activities that are inconsistent with district policy, ASB standards, student safety or ordinarily accepted standards of behavior in the community. When in doubt, advisors will consult the school principal regarding the propriety of proposed student activities. Student activities cannot include support or opposition to any political candidate or ballot measure.
Each ASB will prepare and submit annually a budget for the support of the ASB program to the Board for approval. All property and money acquired by ASBs, except private non- associated student body funds, will be district funds and will be deposited and disbursed from the district’s ASB program fund.
Money acquired by ASB groups through fundraising and donations for scholarships, student exchanges, and charitable purposes will be private non-associated student body fund moneys.
Solicitation of funds for non-associated student body fund purposes must be voluntary and must be accompanied by notice of the intended use of the proceeds and the fact that the district will hold the funds in trust for their intended purpose. Non-associated student body fund moneys will be disbursed as determined by the group raising the money. Private nonassociated student body funds will be held in trust by the district for the purposes indicated during the fundraising activiti