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Code of Conduct

Rights and Responsibilities

The district is committed to providing a safe and orderly school environment where students may receive, and district personnel may deliver, a high quality education without disruption. Responsible behavior by students, teachers, staff, administrators, parents and visitors is critical in achieving this goal. This is a joint responsibility shared by both the school and home.

Student Rights and Responsibilities
All students of whatever age, when entering the public schools, are expected and require
to conform to the rules and regulations, to render obedience and respect to their teachers and to respect the rights of fellow students. They are also required to observe the customary rules of courtesy and politeness; to be neat and clean in their person and dress; and to pay a careful regard to whatever may contribute to good order and behavior as established by the acceptable standards of the school and community.
 
Students have the right to:
  • a quality education.
  • a safe and orderly environment.
  • equal educational opportunities.
  • know why they are being disciplined.
  • equal treatment in enforcement of school regulations and due process in administration of punishment for violations.
  • confidentiality in the handling of their records.
  • grievance process as described in the handbook.
Students' responsibilities are:
  • to strive to do their best work at all times.
  • to be prepared at all times with necessary supplies.
  • to be regular in attendance and arrive at school and class on time.
  • to obey school rules and regulations.
  • to comply with the authority of the teacher and the principal.
  • to respect the rights and property of fellow students.
  • to respect school property.
  • to avoid use of improper language.
  • to refrain from activity that endangers the safety of themselves and others.
  • to respect the authority of all employees of the school.
  • to conduct themselves in a manner which is creditable to the student body (outside the school as well as within) and to strive for self-directed behavior.
  • to maintain habits of appropriate dress and personal grooming. 
Parent Rights and Responsibilities
Families want what is best for their children. As their child's first teacher, our families can help develop good habits of behavior and positive attitudes toward school. The development of responsibility in young people is not a task for the school alone. It is recognized that discipline is the primary responsibility of the parents and that the influence of the home should be reflected in the conduct of pupils while attending school. The behavior of students attending our schools should reflect standards of good citizenship demanded of members of a democratic society. It is our families' obligation by teaching and by example to develop in the child good behavior habits as well as proper attitudes toward the school. Firm, fair, and consistent treatment is the main key to successful development of the child.

Parents have the right to:
  • be informed whenever it becomes necessary for their child to be dismissed from school.
  • visit the school and discuss their child's progress with school officials.
  • arrange conferences in advance of school visits with teachers and principals to promote their child's educational progress.
  • receive school reports and informational bulletins in a timely manner.
  • bring complaints to the attention of school authorities.
  • voluntarily participate in school programs and conferences in accordance with district/school policies.
Parents' responsibilities are:
  • to encourage students to do their best work in school and at home.
  • to teach respect for other pupils and their right to learn.
  • to teach respect for the teacher who acts as the parent while the child is in school.
  • to treat school personnel with respect and dignity.
  • to understand the Board of Education rules and cooperate with the recommendations of school personnel.
  • to teach respect for property - both private and public.
  • to arrange for a suitable place for the child to study.
  • to show an interest in the child's progress in school.
  • to advise school teachers of student's strengths and weaknesses.
  • to attend school conferences and special programs.
  • to stress regular attendance and submit a written explanation for absences or tardiness in accordance with the compulsory statutes.
  • to inform school of changes in address and telephone numbers.
  • to inform school of changes in their child's health and provide information necessary to update student health records.
  • to provide nutrition adequate to maintain good health. 
  • to give personal attention to the student's cleanliness, grooming, and appropriate dress in accordance with Board of Education policies/guidelines.
Teacher Rights and Responsibilities
A teacher is responsible for more than instruction in a given subject. The imparting of knowledge without developing character, good habits and the ability to reason cannot be considered good teaching.
 
Teachers have the right to:
  • teach in an orderly and safe environment.
  • receive the cooperation and support of all school personnel.
  • receive the cooperation and support of all students and their parents.
  • receive the mutual respect of students and their parents.
Teachers' responsibilities are:
  • to establish ground rules for class procedure.
  • to explain these rules thoroughly and insist on adherence to them.
  • to make rules and policies known to parents, whenever possible.
  • to inform parents of pupil performance in accordance with school procedure.
  • to prepare lessons and activities which maintain class interest.
  • to recognize and respect each pupil's capacity for learning and insist on performance.
  • to approach their assignments with enthusiasm.
  • to enforce school regulations at all times and in all places. Good order throughout the school is carried into the classroom.
  • to refer to the proper personnel those problems which appear to need specialized attention.
  • to remember that respect is mutual. It is always earned , never sought or demanded.
  • to maintain high standards of courtesy, fairness, and ethics in all relationships with students, parents and colleagues.
  • to utilize all student services available to the school in meeting each student's educational needs.
  • to be knowledgeable of the rules, regulations and policies of the school board and the school.
  • to adhere to the terms of their contracts, including those unwritten obligations of professional integrity, with emphasis on the student rather than on the subject.
OHIO LAW AND DISTRICT POLICIES REQUIRE TEACHERS TO REPORT ALL
CASES OF SUSPECTED CHILD ABUSE TO THE PROPER AUTHORITIES; REPORT SERIOUS INCIDENTS INVOLVING SAFETY AND STUDENT MISBEHAVIOR TO THEIR PRINCIPALS OR ADMINISTRATORS AS SOON AS POSSIBLE; PROVIDE STATEMENTS AND OTHER INFORMATION AS MAY BE NEEDED FOR THE COMPLETION OF REPORTS INVOLVING THE SAFETY AND SECURITY OF STUDENTS AND STAFF.

Principal/Assistant Principal Rights and Responsibilities
The principal, as leader of an educational team, is responsible for providing professional leadership for members of his or her staff and, in some instances, for the community at large. The principal sets the tone of the school and, with the faculty, strives to create the best learning-teaching situation possible. The principal must have as a primary goal the creation and improvement of the teaching-learning situation for the student. The principal is recognized as the chief administrator in the school and has responsibility for the implementation of all phases of the school's educational and activities programs.
 
Principals/Assistant Principals have the right to:
  • work in an orderly and safe environment.
  • receive the cooperation and support of all school personnel.
  • receive the cooperation and support of all students and their parents.
  • receive the mutual respect of students and their parents. 
Principals/Assistant Principals responsibilities are:
  • to exercise all authority necessary to ensure the orderly operation of the school.
  • to ensure that all school matters be governed and handled within the dictates of professional ethics.
  • to provide leadership,  which will result in the definition of the goals of education in the specific school and be the catalyst that causes the staff to work zealously and harmoniously toward an effective education for young people.
  • to encourage development of policies, which are sufficiently broad and flexible to permit teachers to make decisions concerning the educational process within the building.
  • to facilitate self-improvement of staff through proper motivation and recognition of immediately achievable goals.
  • to encourage involvement of students, teachers, and parents in all aspects of the school program.
  • to have the authority to inspect lockers when the safety and welfare of students and staff members are concerned.
OHIO LAW AND DISTRICT POLICIES REQUIRE PRINCIPALS TO....REPORT ALL SERIOUS INCIDENTS TO THE DEPARTMENT OF SAFETY AND/OR TO THE LORAIN POLICE DEPARTMENT; REPORT ALL CASES OF SUSPECTED CHILD ABUSE TO THE PROPER AUTHORITIES; NOTIFY THE DEPARTMENT OF SAFETY WHEN POLICE OR ANY OUTSIDE AGENCY COMES TO SCHOOL TO CONDUCT AN INVESTIGATION.

Student Civil Rights Compliance

Notice of Non-Discrimination 
The Lorain City School District hereby gives notice that it does not discriminate on the basis of race, color, national origin, sex or disability in the educational programs and activities operated by the district.

Persons and offices identified below shall be responsible for compliance within the following areas:

Title VI
(Non-Discrimination on the basis of race, color or national origin) 

Title IX
(Non-Discrimination on the basis of sex) 

Section504
(Non-Discrimination on the basis of disability)
 
Complaints should be referred to:
Carol Gottschling, Exec Dir. Human Resources
Charleston Administration Center 
2601 Pole Avenue
Lorain, OH. 44052
440-830-4002

Linda Coad, Executive Director of Student Services
Charleston Administration Center 
2601 Pole Avenue
Lorain, OH. 44052
440-830-4040

Legal Refs: Title VI, IX, and Section 504
 
Grievance Procedures for Section 504, Title VI and Title IX Complaints 
Grievance procedures for the prompt and equitable resolution of complaints by students, parents, and/or employees of alleged discrimination on the basis of race, color, national origin (Title VI) sex (Title IX) or handicap (Section 504):

Step 1: A person with a complaint based on alleged discrimination because of race, color, national origin, sex, or handicap will first discuss the problem with the Civil Rights compliance officer for Lorain City Schools.

Step 2: If the discussion does not resolve the matter, the individual grievant may file a written complaint, stating the nature of the issue, with the compliance officer.

Step 3: If the grievant is not satisfied with the compliance officer's written disposition of the complaint at Step 2 or if no decision has been rendered within ten (10) working days, the grievant may appeal, in writing, for a hearing with the superintendent of Lorain City Schools or designee. The superintendent of Lorain City Schools will, within ten (10) working days of receiving the written request, conduct a hearing with all parties involved in an attempt to resolve the complaint. The superintendent of Lorain City Schools will render his/her decision within (10) working days of this hearing.

Step 4: If the grievant is not satisfied with the decision rendered by the superintendent of Lorain City Schools, she/he may, within ten (l 0) working days, request in writing a hearing before the Lorain Board of Education. In an attempt to resolve the grievance, the Lorain Board of Education shall meet with the concerned parties within forty (40) working days of the receipt of such an appeal. A copy of the Board's disposition of the appeal shall be sent to each concerned party within ten (10) working days of this meeting.
 
Note: It is not necessary to go through the District's grievance procedure before filing a complaint with the U.S. Department of Education. A complaint can be filed directly with the U.S. Department of Education at anytime.

Student Code of Conduct

Students are expected to conduct themselves in a way that exhibits respect and consideration for the rights of others. Students of the District must conform to school regulations and accept directions from authorized school personnel. The Board has "zero tolerance" of violent, disruptive, harassing, intimidating, bullying (physical, verbal, and/or "cyber") or inappropriate behavior by its students.
 
A student who fails to comply with established school rules or with any reasonable request made by school personnel on school property and/or at school-related events is subject to approved student discipline regulations.
 
Students are also subject to discipline, as outlined in the Student Code of Conduct for misbehavior that occurs off school property when the misbehavior endangers the health and safety of students within the District or adversely affects the education process. The superintendent/designee develops regulations which establish strategies ranging from prevention to intervention to address student misbehavior.
 
Lorain City Schools will ensure that students and parents have access to the rules and regulations to which they are subject to in school or participating in any school-related activity or event. The information includes the types of conduct which are subject to suspension or expulsion from school or other forms of disciplinary action. The Board directs the administration to make all students aware of the Student Code of Conduct and the fact that any violations of the Student Code of Conduct are punishable including Board adopted uniform policies for participating buildings.
 
The Student Code of Conduct is made available to students and parents and is posted in a central location within each building.
[Ref: Policy JFC]
 
Reaction to Seclusion
The Lorain City Schools Board of Education is committed to providing a safe and secure learning environment for students, staff, and parents. We are determined to provide our staff members the tools, resources, and training which will allow them to maintain a safe and secure environment for all of our students.
 
In order to provide a safe and secure environment for our students, parents, and staff, Lorain City Schools has adopted a Reaction to Seclusion continuum. The Reaction to Seclusion continuum is used to enforce the district policies and procedures. The Reaction to Seclusion continuum provides procedural guidelines for district employees to use when entering a verbal or physical confrontational altercation. These guidelines were developed in partnership with our local law enforcement agencies to protect students, staff, and parents. All safety and administrative staff members will participate in Reaction to Seclusion training on an annual basis.
 
Disruption of the School Program
No student has the right to infringe on the educational opportunity of any other student or the rights of a teacher to provide the educational opportunity to every student. Students shall not use violence, force, explosives, firecrackers, squirting devices, threat, intimidation or any other action that would disrupt the orderly operation of the school program while on school property, including Board owned vehicles or while in attendance at any school sponsored activity. Detention, suspension, or expulsion could result depending upon the circumstances regarding the incident. Excessive talking or disturbances in the classroom, study hall, cafeteria, buses, or any other area of the school premises will be disciplined. The behaviors outlined should be viewed as representative of the misconduct that most frequently causes a disruption to the orderly educational process. These acts of misconduct are not inclusive.

Violation of the District's Dress Code Policy
Students shall abide by the dress code while on school property, attending school or a school activity, or while participating in an extracurricular activity. Discipline for students violating the dress code will be determined by the school's progressive discipline plan. Persistent violations will be considered defiance of authority and schools' rules.
 
Cheating on Examinations/Plagiarism
Students shall not take and use another student's answers on an examination, and/or take and use the writings and ideas of another and deceptively submit them as their own work in fulfilling a school assignment.

Falsifying Signatures
Students shall not sign the name of another person for purposes of defrauding school personnel.
 
Damage of Property
Students shall not cause or attempt to damage private or school property on school premises during the school day, during a school activity, function or school event on or off school grounds. The student and/or parent(s) will be held responsible for restitution and the student will be suspended or expelled.

Use, sale, or possession of marijuana, narcotics, drug paraphernalia, intoxicating liquors, look-alike or any mind altering substance, etc., or improper use of glue or other chemicals
Students shall not possess, use, transmit, conceal or be under the influence of tobacco, narcotics, or alcoholic beverages, not lawfully prescribed by a doctor while on school property, including Board of Education owned vehicles or while in attendance at any school sponsored and supervised activity. Possession, use, transmission, or concealment of look-alike drugs, or counterfeit drug paraphernalia controlled substances indirectly representing or falsely representing controlled substances such as those noted above are also prohibited.
 
Possession of Tobacco Products
Students shall not smoke or have in possession (lockers, book bags, purses, binders, or etc.) of any tobacco products at any time. Smoking is defined as the carrying of a tobacco product on the student's person, holding a tobacco product, whether lit or not, having held one and tossed it aside. This will include and not limited to the use or possession of matches, lighters or other flame producing devices.

Arson
Students shall not willfully and maliciously burn any part of any building or any property of the Board of Education or the property of anyone attending school or school activity. Students will not only be disciplined but law enforcement officials will be notified.
 
Pulling or signaling false alarm including making false bomb threats
Students shall not pull or initiate a false alarm or initiate a report of a fire or an impending bomb or other catastrophe without cause. A ten day suspension and recommendation for expulsion and notification of law enforcement authorities will result for violation of this section.
 
Possession or use of fireworks
Students shall not possess, use, or threaten to use any fireworks, explosives, or other such instruments capable of inflicting bodily injury. This will include and not limited to the use or possession of matches, lighters or other flame producing devices. Students will be recommended for expulsion for violation of this section.

Threatening, fighting and/or unprovoked attack, physically striking another student intending to do harm 
Students shall not by words, acts, or deeds directly commit violence or cause a disruption to the atmosphere of order and discipline necessary for effective learning or activities.
 
Threat or physical assault on another pupil to obtain money or other materials of value
Absolutely no bullying of any sort shall be permitted on school property especially to obtain money or other materials of value. Any student found in violation of this section shall be suspended and recommended for expulsion.

Threatening, striking, or assaulting any school employee
Students shall not threaten to strike or assault any school employee on or off school property. A violation of this section will result in request for expulsion.
 
Possession of weapons and/or weapon look alike
Students shall not possess, use, or threaten to use any instrument as a weapon capable of inflicting bodily injury. Knives of any kind will not be tolerated. Possession of any such object will result in a recommendation for expulsion and the police department will be contacted.
 
Theft - taking objects without owner's permission
Students shall not take or acquire the property of others without their consent; this includes property owned by the Board of Education. Violations of this section will result in suspension and recommendation for expulsion.
 
Habitual use of profane language either verbal or in writing
Students shall not use profanity or obscene language or gestures while on school premises or Board of Education owned vehicles or any school sponsored activity.
 
Being truant from school
A student shall not be truant from school part or all of a day. This includes unexcused absences from study hall, class, or any other assigned activity. Cutting off any class or assigned activity will result in detentions for the first offense. Continuous violations of this section could lead to suspension and possibly expulsion. Students shall be present during all assigned activities during the school day including detentions.
 
Open or persistent defiance of authority and/or school rules and regulations
Any student who refuses to obey a reasonable request will receive detentions or suspension as determined by the Principal.

Sexual, racial, ethnic and religious harassment
No student may use sexually, racially, ethnically or religiously offensive speech or conduct towards another student, employee, or guest at a Lorain City School or while attending any school activity on or off school property.
 
Anti-Hazing
No student or group of students shall coerce another student to perform any act of initiation that may cause mental or physical harm.
 
Engaging in criminal conduct on school premises or at school events
No student shall engage in any criminal conduct on school property, including Board of Education owned vehicles or while in attendance at any school activity. Students will not only be disciplined for this violation, but the police department will be notified.
 
Computer "Hacking"
Unauthorized use includes:
  • Use of district computers to gain unauthorized access to district or other databases including student, faculty, or district data files, without permission.
  • Use of school computers, facsimile equipment, or other electronic devices to transmit, receive, view or display obscene, vulgar, sexually explicit or racist media.
  • Use of the school computer network for soliciting or purchasing commercial materials and/or services of any kind.
  • Use of the school computer to engage in participation in hate groups, to incite violence or aggressive action on the part of the student body or promote racial disorder.
In addition to any criminal penalties, students will be suspended and recommended for expulsion.

Gambling on school premises or at school events
Students caught violating this section will be suspended and recommended for expulsion.
 
Indecent exposure, sexual misconduct
Students shall not indecently expose their bodies or be involved in any sexual misconduct while on school property, or while attending any school activity off school property. Students found in violation of this section will be suspended and recommended for expulsion.
 
For misconduct by a student that, regardless of where it occurs, idirected at a district official or employee or the property of an official or employee
Students will be suspended and recommended for expulsion if found to be involved in misconduct (i.e. use of profanity, threatening, attacking, scratching school employees' vehicle, etc.) towards a teacher or school official on or off school property. Furthermore the teacher or district official may file criminal charges against the student.
 
For misconduct by a student that occurs off district property but is connected to activities or incidents that have occurred on district property
Students will be suspended and may be recommended for expulsion for any misconduct that first occurred on school property and was continued on the way home from school.
 
Bullying and Other Forms of Aggressive Behavior
Aggressive behavior is defined as inappropriate conduct that is repeated enough, or serious enough to negatively impact a student's educational, physical, or emotional well-being. It would include, but not limited to, such behavior as stalking, bullying/cyber bullying, intimidating, menacing, coercion, name-calling, taunting, making threats, and hazing.
 
Unauthorized use of electronic pagers or cellular phones and internet during school hours
Students shall not use these items without authorization and should not disturb the teaching and learning environment. It is recommended that electronic pagers and cellular phones be kept at home. Discipline will include confiscation of said items.

Student Behavior Managed Process

Student Behavior Managed Process


When a student displays an unexpected behavior:

  • The teacher determines if the behavior is minor (teacher-managed) or major/chronic minor (office-managed) behavior.

  • For minor behavior, the teacher provides teaching/conference/warning with student and/or parent contact as needed. Major behaviors and chronic minor behaviors with documentation and referrals are completed in our revised referral system in Google.

  • Students may NOT be sent to the office. If a referral is entered in our referral system, call the office, and an administrator or safety officer will come to the classroom.


Level 1 Teacher/Staff Managed

Level 2 Office Managed

  • Bullying accusation

  • Calling out/Talking

  • Cheating on assignments/exams

  • Falsifying signatures 

  • Food or drink

  • Inappropriate comments

  • Inappropriate language

  • Minor dishonesty

  • Minor disruption

  • Open defiance

  • Personal Communication Devices

  • Plagiarism

  • Preparedness

  • Put-downs

  • Refusing to work

  • Tardiness to class

  • Tone/attitude

  • Touching (non-sexual)

  • Truancy from class  

  • Aggressive physical contact/Assault on another student/assaulting any school employee 

  • Arson

  • Bullying (repeated and unwanted aggressive behaviors with an imbalance of power)

  • Chronic classroom-managed/continued or persistent Level I offenses 

  • Computer hacking 

  • Gambling on school premises or at school events 

  • Gang Insignia/paraphernalia or related activity

  • Habitual use of profane language, either verbal or in writing 

  • For misconduct by a student that, regardless of where it occurs, is directed at a district official or employee or that property of a school official or employee 

  • Indecent exposure, sexual misconduct 

  • Possession of weapons and/or weapons look alike 

  • Pulling or signaling false alarms, including making false bomb threats 

  • Possession or use of fireworks; this will include and not limited to the use or possession of matches, lighters, or other flame-producing devices

  • Rape or gross sexual imposition 

  • Sexual, racial, ethnic, and religious harassment 

  • Truancy from school 

  • Theft-taking objects without the owner's permission

  • Threatening, fighting, and/or unprovoked attack, physically striking another student intending to do harm 

  • Tobacco - smoking/vaping/dipping, etc…

  • Use, trafficking, sale. or possession of marijuana, narcotics, drug paraphernalia, intoxicating liquors, look-alike or any mind-altering substance, etc....., or improper use of glue or other chemicals 

  • Vandalism/Damage of School Property 

**Dress Code Violations - defined by BOE policy - school administration determines the appropriateness of student dress and grooming.



Teacher Managed Actions

Office Managed Actions

Build a Relationship with the student

  • Ask about interests

  • 2 × 10

  • Attend an event

  • Get to know them

  • Behavior contract with the student 

  • Change student seat

  • Consult with building administrators, counselors, social workers, or SPED supervisors.

  • Daily job or responsibility

  • Daily, individualized schedule

  • Establish and teach classroom rules/expectations - revisit as behaviors arise.

  • Flexible learning environment

  • Individual/Private conference with the student

  • Nonverbal Reminders

  • Offer Student Choice

  • Praise positive behavior (PBIS referral)

  • Proximity

  • Parent/Guardian contacted

  • Parent/Principal conference

  • Positively welcome students back to class 

  • Redirect student

  • Reflection session with the teacher

  • Remind, reinforce, and reteach expected behaviors, classroom expectations, and PBIS expectations daily.

  • Refer for behavior or social-emotional support

  • Student Break

  • Teach the smallest skills (how to turn in work, ask to go to the restroom)

  • Think sheet 

  • Warnings

  • After-school peer mediation focused on actions

  • Community services in lieu of OSS

  • Contact parent for any Level II offenses/actions 

  • Lunch detention

  • Natural Consequences (student who vandalizes property stays after school to work with a custodian to repair or clean property, instead of OSS)

  • Purposeful ISA

  • Referral of student to behavior team

  • Refer student for social-emotional support

  • Regulate student and return to class 

  • Saturday School

  • School suspension and/or expulsion 

  • The administrator communicates with the teacher the outcome or plan. This response is the administrator's choice and should be adhered to by the classroom staff.

  • Students receiving special education services require a manifestation team review for this type of behavior (see Section XI, Disciplining of Handicapped Students).

  • Utilize a school-based agency or mediation program for conflicts between students as appropriate. 


Notes: 

  • If the actions giving rise to expulsion for any of the misconduct described above are committed by a student who is sixteen years of age or older and the student is convicted or adjudicated a delinquent child for a violation listed in ORC 3313.662(A) based upon such actions, the student may be permanently excluded from the District. The procedures for permanent exclusion are outlined in this handbook.

  • The superintendent may initiate expulsion proceedings for any student who has committed an act warranting expulsion under the District's policy on expulsion, even if the student has withdrawn from school, for any reason after the occurrence of the incident that gives rise to the expulsion hearing but prior to the expulsion hearing or decision. If, following the hearing, the student would have been expelled had the student still been enrolled in school, the expulsion shall be imposed for the same length of time as would be imposed on a student who has not withdrawn from school.


Student Discipline Procedures and Due Process

Emergency Removal of Students
If a student's presence "poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process taking place either within a classroom or elsewhere on the school premises, the superintendent, or a principal, or assistant principal may remove a student from curricular or extracurricular activities or from the school premises, and a teacher may remove a student from curricular or extracurricular activities under his/her supervision, without the notice and hearing requirements of suspension and expulsion as outlined in ORC 3313.66 (A&B). As soon as practicable after making such a removal, the teacher shall submit in writing to the principal the reasons for such removal.
 
If a student is removed under 3313.66 (C) from a curricular or extracurricular activity or from the school premises, written notice of the hearing and of the reason for the removal shall be given to the student as soon as practicable prior to the hearing, which shall be held within seventy-two hours from the time the initial removal is ordered. The hearing shall be held in accordance with 3313.66 (A) unless it is probable that the student may be subject to expulsion, in which case a hearing shall be held within seventy-two hours of the initial removal. The individual who ordered, caused, or requested the removal to be made shal1 be present at the hearing. [Ref: Policy JGDA] 

If the superintendent or principal reinstates a student in a curricular or extracurricular activity under the teacher's supervision prior to the hearing following a removal under 3313.66 (C), the teacher shall upon request be given in writing the reasons for such reinstatement.
[Ref: Policy JGDA]
 
Banning From Athletic and Other Extracurricular Events
Students who violate the student code of conduct during an athletic or other extracurricular event may be banned by the superintendent, either for the remainder of his/her schooling or for a lesser specified period of time, from attending future athletic and other extracurricular events.
 
Conduct on School Buses and District Managed Transportation (JFCC) (EEACC)
Although the Lorain City School District furnishes transportation in accordance with State Law, the law does not relieve parents or guardians from the responsibility of supervising their child until such time as the child boards the bus in the morning and after the time the child leaves the bus at the end of the school day.
 
Students on a bus are under the authority of and directly responsible to the bus driver or other responsible adults who have the authority to enforce the established regulations for bus conduct. Disorderly conduct or refusal to submit to adult authority will be sufficient reason for refusing transportation service to any student. Due process will be followed. Information about the school bus program is periodically made available to all parents through their children. [Ref: Policy JFCC]
 
Students riding the bus are subject to the same rules and regulations as they are when in school. Students are subject to the same disciplinary consequences for behaviors on the bus as in the school.

In School Assignment
A student may be removed from the classroom, for all or part of a day, to In School Assignment without written notice or the opportunity for a hearing.
 
Suspension Procedure
The superintendent and principals shall be authorized to suspend a student from school for disciplinary reasons outlined in the student code of conduct. No period of suspension shall extend more than ten (10) school days. A student shall have the option to complete work assigned and/or due during the suspension period. Suspensions may extend beyond the end of the current school year if, at the time a suspension is imposed, fewer than 10 days remain in the school year. The superintendent may apply any or all of the period of suspension to the following year.
 
The superintendent may require a student to perform community service in conjunction with or in place of a suspension. The Board will adopt guidelines to permit the superintendent to impose a community service requirement beyond the end of the school year in lieu of applying the suspension into the following school year.
 
The Codified Ordinance of Lorain, Ohio Section 509.12 (d), mandates that children between the ages six (6) and seventeen (17) who are under suspension or expulsion order are not permitted to be in any public place during regular school hours, unless they are accompanied or supervised by a parent, legal guardian, or responsible adult. In addition, suspended students are not permitted to attend or participate in any school activity during the period of their suspension.

The guidelines listed below are followed for all out-of-school suspensions.
  1. The student is informed in writing of the potential suspension and the reasons for the proposed action.
  2. The student is provided an opportunity for an informal hearing to challenge the reason for the intended suspension and explain his/her actions.
  3. An attempt is made to notify the parent(s) by telephone if a suspension is issued.
  4. Within 24 hours, a certified letter is sent to the parent(s) stating the specific reasons for the suspension and including notice of the right to appeal such action.
  5. Notice of this suspension is sent to:
    1. Office of Teaching and Learning
    2. Treasurer
    3. Student's school record (not for inclusion in the permanent record).
  6. Permanent Exclusion - If the offense is one for which the district may seek permanent exclusion, the notice shall contain that information.
Appeal Procedure
Should a student or a student's parent(s) choose to appeal the suspension, notice of appeal must be delivered to the superintendent's designee within 10 days of the notice of suspension. The procedure for such is provided in regulations approved by the Board.

Appeal to the Court
Under Ohio law, appeal of the Board's or its designee's decision may be made to the Court of Common Pleas.

NOTE: Prior to the suspension of Special Education students, see Ohio Revised Code on Rights of Special Education Students.
[Ref: Policy JGD]

Student Expulsion Procedure
At times, the behavior of a student can be considered so serious as to justify total removal from the educational program for a prolonged period of time. Actions meriting expulsion are outlined in the student code of conduct. Only the superintendent may expel a student. Expulsion is the removal of a student for more than 10 days, but not more than one year. A student may be expelled for up to one year for firearms related or knife related incidents or for an incident which inflicts serious physical harm on a person or property occurring on or off school premises or at an interscholastic competition, extracurricular event or other school activity or program. An expulsion can extend beyond the end of the school year if there are fewer school days than expulsion days remaining. The superintendent may apply any remaining part or all of the period of the expulsion to the following school year.

The superintendent may require a student to perform community service in conjunction with or in place of an expulsion. The Board will adopt guidelines to permit the superintendent to impose a community service requirement beyond the end of the school year in lieu of applying the expulsion into the following school year.

The codified Ordinances of Lorain, Ohio Section 509.12 (d), mandates that children between the ages of six (6) and seventeen (17) who are under a suspension or expulsion order are not permitted to be in any public place during regular school hours, unless they are accompanied or supervised by a parent, legal guardian, or responsible adult. In addition, expelled students are not permitted to attend or participate in any school activity during the period of their expulsion.

The superintendent shall give the student and parent(s) written notice of the intended expulsion, including reasons for the intended expulsion. The student and parent(s) or representative have the opportunity to appear before the superintendent/designee to challenge the action or to otherwise explain the student's actions. This notice shall state the time and place to appear, which must not be fewer than three days or more than five days after the notice is given. If an extension is granted, the superintendent must notify the pupil and his/her parent, guardian, custodian, or representative of the new time and place for the meeting.
 
At the expulsion hearing, the student and his/ her parent, guardian, custodian, or representative must be given the opportunity to defend against the charges. This defense does not extend to the defendant or his/ her representative the right to confront and cross-examine the student's accuser. The pupil can be represented at the hearing by any individual, whether an attorney or not, since the statute refers to the right of representation rather than the right to counsel.

Within 24 hours of the expulsion, the superintendent shall notify the parent(s) of the student and Treasurer of the Board. The notice shall include the reasons for the expulsion, the right of the student or parent(s) to appeal to the Board or its designee, the right to be represented at the appeal and the right to request that the hearing be held in executive session.

Any student who is expelled from school for more than 20 days or into the following semester or school year is referred to an agency which works toward improving the student's attitudes and behavior. The superintendent provides the student and his/her parent(s) with names, addresses and telephone numbers of the public and private agencies providing such services.

The superintendent will initiate expulsion proceedings against a student who has committed an act that warrants expulsion even if the student withdraws from school before the superintendent has held the hearings or made the decision to expel the student.

Discipline of Students with Disabilities (JGF)
The Board recognizes that effective and appropriate discipline for students with disabilities may, at times, differ from effective and appropriate discipline for students without disabilities. The Board does not, however, believe in a double standard for misbehavior and holds the welfare and safety of all persons in the District in highest regard. Disciplinary action of students with disabilities proceeds in a manner that protects the welfare and order of the community as well as recognizes the special needs of the student.
 
The Board delegates to school officials the authority to enforce District policies, regulations and rules governing the conduct of all students. The District will comply with all State and Federal laws and regulations governing the discipline of students with disabilities. All students, including those with disabilities, will be referred to law enforcement officials when required by law and may be referred to law enforcement officials when their conduct constitutes a crime.
 
The special needs of the student with a disability are taken into account when setting behavioral expectations. Each case of unsatisfactory behavior by a student with a disability is handled individually in accordance with the student's behavior management plan and interventions articulated in the student's Individualized Education Program (IEP). A student's failure to comply with conduct requirements in a student handbook may result in the student being disciplined.
 
If the student does not respond to the measures taken by the District staff or to the measures articulated in the student's IBP, the staff member refers the student to the principal or other designated individual. The student may lose rights to anticipate in school-related social events or extracurricular activities for a period of time determined by the principal, unless such programs are included as part of the student's free appropriate public educational program. Depending on the seriousness of the offense committed by the student, suspension or expulsion may also result, but any change in placement will follow mandated procedures in applicable law.
 
[Adoption date: July 9, 1990; Revised: December 14, 1998; January 12, 2015]
 
LEGAL REFS: The Individuals with Disabilities Education Improvement Act; 20 USC 1400 through 487; 34 CFR Part 300
Americans with Disabilities Action Amendments Act of2008; 42 USC 12101 et seq.
State Department of Education, Special Education Policies and Procedures, Free Appropriate Public Education-IOI

Appeal to the Board
A student or a student's parent(s) may appeal the expulsion by the superintendent to the Board or its designee. Should a student or a student's parent(s) choose to appeal the expulsion, he/she must do so,  in writing, within 10 days of the notice of expulsion. They may be represented in all such appeal proceedings and are granted a hearing before the Board or its designee. All witnesses are sworn and a verbatim record is kept of the hearing which may be held in executive session at the request of the student or parent(s). The student may be excluded from school during the appeal process.
 
Appeal to the Court
Under Ohio law, the decision of the Board may be further appealed to the Court of Common Pleas. Acts for which suspension or expulsion from school or school activity may be considered are:
  1. Threatening, fighting and/or unprovoked attack, physically striking another student intending to do harm
  2. Threatening, striking, or assaulting any school employee
  3. Threat or physical assault on another pupil to obtain money or other materials of value
  4. Possession of a weapon and/or weapon look alike
  5. Use, sale, or possession of marijuana, narcotics, drug paraphernalia, intoxicating liquors, look-alike drugs or any mind altering substance, etc., or improper use of glue or other chemicals
  6. Open or persistent defiance of authority and/or school rules and regulations
  7. Damaging school property
  8. Habitual use of profane language either verbal or in writing
  9. Theft- taking objects without owner's permission
  10. Failure to abide by corrective measures such as detentions for previous acts of misconduct
  11. Possession of any tobacco product
  12. Gambling on school premises or at school events
  13. Being truant from school
  14. Pulling or signaling a false fire alarm including making false bomb threats
  15. Sexual, racial, ethnic and religious harassment
  16. Possession or use of fireworks
  17. Possession and/or discharging of tear gas or an OC (oleo resin capsicum) projector, commonly known as pepper spray
  18. Indecent exposure, sexual misconduct
  19. Unauthorized use of electronic pagers or cellular phones and internet during school hours
  20. For misconduct by a student that occurs off of District property but is connected to activities or incidents that have occurred on District property
  21. For misconduct by a student that, regardless of where it occurs, is directed at a District official or employee or the property of an official or employee
  22. Engaging in criminal conduct on school premises or at school events
  23. "Hacking" or other use of computers to gain unauthorized access to District or other data bases, including student, faculty, or District data files, without permission. In addition to any criminal penalties, students may have their computer privileges suspended
  24. Use of school computers, facsimile equipment, or other electronic devices to transmit, receive, view, or display obscene, vulgar, sexually explicit, or racist media or to display information that advocates unlawful activities or provides guidance on the construction or production of weapons, illegal devices, or controlled substances
  25. Use of school computer network with the intent to incite violence or aggressive and/or disruptive action on the part of the student body, use of slanderous language, or use of language that promotes racial disorder or sexual harassment and is disruptive to the school environment
  26. Use of the school computer network for soliciting or purchasing commercial materials and/or services of any kind
  27. Use of the school computer network to engage in participation in hate groups
  28. Persistent disregard of the student dress code
  29. Cheating on examinations/plagiarism
  30. Falsifying signatures
  31. Disruption of the school program
Students with Disabilities are subject to the conditions found in T28.02, T28.04 (B), and T28.08 of the Ohio Revised Code.
[Ref. Policy JGE]

Permanent Exclusion
The superintendent has the authority to consider permanent exclusion of a student based on the severity of the offense and/or the number of prior offenses.
  1. Permanent exclusion may be considered for a student 16 years of age or older who is convicted in criminal court or adjudicated delinquent by a juvenile court of any of the following offenses that occur on school property or at a school sponsored function.
    • Illegal conveyance or possession of a deadly. weapon or dangerous ordinance, carrying a concealed weapon, trafficking in drugs, trafficking involving the possession of a bulk amount of a controlled substance or the sale of a controlled substance.
    • Aggravated murder, murder, voluntary or involuntary manslaughter, felonious or aggravated assault, rape, gross sexual imposition or felonious sexual penetration. In addition, complicity in any of the above acts may be the basis for permanent exclusion.
  2. If the superintendent receives written notification that a student has been found guilty or is adjudicated delinquent for any of the listed offenses, he/she will determine whether the student's continued attendance in the District endangers the health and safety of other students or school employees or whether his/her attendance poses a danger or disruption to the District's graded course of study. If he/she determines that either danger exists, he/she may recommend that the Board adopt a resolution requesting the State Superintendent of Public Instruction to permanently exclude the student from attendance in any Ohio school. Written notice of the superintendent's recommendation for permanent exclusion will be provided to the student and his parent, guardian or custodian.
  3. In addition, complicity in any of the above acts may be the basis for permanent exclusion regardless of the location.

School Visitation

The Board of Education encourages the Lorain community to be active participants in the education of our children through school visitations.
 
To ensure the safety and security of the school community and an orderly process of visitation, the Board requires all community members to follow classroom, building, and District procedures when visiting schools. The District also reserves the right to decline visitation by any person who interferes with the educational process, invades the privacy of students, threatens the safety of any child or employee, or for any other reason deemed appropriate.
 
Whether attending an assembly, observing a classroom, or any other activity during the scheduled school day, all visitors must immediately upon entering a District building report to the main office or other designated area to sign in.
 
Parents and legal guardians may request a classroom visitation with their child at any time by reporting to the office and making a request to the principal or his/her designee. Upon approval, the parent or guardian will be required to sign in as a visitor and will be directed to the appropriate room by a school official.
 
Community members and others, who request a visitation in a classroom other than their child's room, must complete at least two days in advance the "Request to Visit" form which includes the number of visitors, frequency, duration, purpose, and visitor identification information. This does not apply to police, court representatives or other persons acting in an official capacity. Upon approval and appropriate advance notice, community members and others should report to the office, sign in, and be directed by a school official to the appropriate location.
 
When possible, the principal will notify and/or confer with appropriate teachers when approving visitation requests.
 
Because of space restrictions, generally not more than two adult visitors will be permitted to observe a particular classroom at one time. When visiting classrooms or other District facilities, visitors must comply with safety procedures.
 
Appeals of visitation denial should be submitted to the superintendent.
 
Any unauthorized person on school property will be reported to the principal or superintendent. The person may be asked to leave and/or the police contacted. Failure to leave when asked will subject the person to criminal charges.
[Ref: Policy KK]

Assignment of Students to Schools

School district boundaries within the Lorain City School District shall be established by the superintendent and confirmed by the Board of Education. In establishing such boundaries, due consideration shall be given to the capacity of buildings, size of classes, distances, topography, etc. Students shall attend the school in the district in which they reside, except that a student changing residence during the second semester may complete the year at the school which he/she has been attending. In such cases, the parents will be responsible for transportation. A senior who has been in a Lorain City high school his/her full junior year may continue to attend the school and be graduated with his/her class although his/her legal residence changes after the opening of school.

 
A high school student may, with the approval of the superintendent or designee, attend a high school outside his/her district of residence in order to receive instruction in programs not offered in the high school of his/her district of residence. Students may also attend schools outside of the residential area when approved for a racial balance transfer providing that they positively affect the racial balance of both schools.
 
The superintendent may assign any student, including a non-resident pupil, to any school irrespective of the place of residence of the pupil, if, in his/her judgment, the welfare of the child or other children requires such assignment. A pupil may be allowed to attend another school outside the one of his/her residence if the pupil will be best served for health reasons. In such a case, a doctor's written recommendation is secured and confirmed by the school doctor and the superintendent.

Dress Code Policy

Dress and Grooming  
The Board of Education recognizes that each student's mode of dress and grooming is a manifestation of personal style and individual preference. The Board will not interfere with the right of students and their parents to make decisions regarding their appearance, except when their choices interfere with the educational program of the schools. The Board authorizes the Superintendent to establish a reasonable dress code.
 
In order to promote a safe and healthy school setting and enhance the educational environment.
The dress code shall be incorporated into the Student Code of Conduct or Discipline Code.
Accordingly, the Superintendent shall establish such grooming guidelines as are necessary to promote discipline, maintain order, secure the safety of students, and provide a healthy environment conducive to academic purposes. Such guidelines shall prohibit student dress or grooming practices which:
  1. present a hazard to the health or safety of the student himself/herself or to others in the school;
  2. materially interfere with school work, create disorder, or disrupt the educational program;
  3. cause excessive wear or damage to school property;
Such guidelines shall establish the dress requirements for members of the athletic teams, bands, and other school groups when representing the District at a public event.

The Superintendent shall develop administrative guidelines to implement this policy which:
  1. designate the principal as the arbiter of student dress and grooming in his/her building;
  2. invite the participation of staff, parents and students in the preparation of a dress code which may specify prescribed dress and grooming practices, but may not amplify the rationale for prohibition established by Board policy;
  3. ensure that all rules implementing this policy impose only minimum and necessary restrictions on the exercise of the student's taste and individuality.
Student information/Guidelines
The responsibility for the dress and grooming of a student rests primarily with the parents/guardians and the student.
 
Allowable Dress & Grooming
  • Students must wear clothing including both a shirt with pants or skirt, or the equivalent and shoes.
  • Shirts and dresses must have fabric in the front and on the sides.
  • Clothing must cover undergarments.
  • Fabric covering all private parts must not be seen through.
  • Hooded sweatshirts are permitted as long as hoods are not worn or does not cover the head.
  • Footwear must be worn at all times. For safety considerations, all footwear must be adequately secured to the foot.
  • Clothing must be suitable for all scheduled classroom activities including physical education, science labs, career tech courses, and other activities where unique hazards exist.
  • Specialized courses may require specialized attire, such as sports uniforms or safety gear. 
Non-Allowable Dress & Grooming
  • Clothing may not depict, advertise or advocate the use of alcohol, tobacco, marijuana or other controlled substances.
  • Clothing may not depict pornography, nudity or sexual acts.
  • Clothing may not use or depict hate speech targeting groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation or any other protected groups.
  • Undergarments are not to be exposed at any time while on school grounds. Outerwear must cover underwear and undergarments at all times.
  • Spaghetti straps, halter tops, tube tops, crop tops, or tank tops are not allowed.
  • Pajama pants, including pants made of flannel or fleece.
  • Slippers, shoes with retractable skates, cleats, or footwear with flexible, soft soles (flip flops, beach shoes, etc.) are not permitted.
  • No headgear unless of a religious nature or approved by school officials.
  • Clothing must not threaten the health or safety of any other student or staff.
  • If the student’s attire or grooming threatens the health or safety of any other person, then discipline for dress or grooming violations should be consistent with discipline policies for similar violations.
***Consequences for not adhering to these guidelines will be handled in accordance with the Lorain City Schools Code of Conduct’s Level system. These guidelines are to be followed on all days when school is in session and for school sponsored events where students are actively participating and/or representing Lorain City Schools. The school administration shall determine the appropriateness of student dress and grooming, acting in the best interests of establishing and maintaining a safe and effective learning environment for the benefit of the school.

[Adoption date: December 9, 1991; Revised July 28, 2003; May 27, 2009; June 11, 2013;
November 17, 2014; October 27, 2015; October 7, 2019; June 18, 2021]

LEGAL REFS.: ORC 3313.20, 3313.60, 3313.661, 3313.665, 3324.10

Personal Communication Devices and Emergency Contact of Students

The Board recognizes that cell phones/electronic devices may serve as an outstanding instructional tool and learning resource if used appropriately. 

Students may be allowed to possess electronic communications devices while on school property or while attending school-sponsored activities on or off school property, as long as these devices are used in compliance with building regulations. Students violating District procedures for use of electronic devices may have their device confiscated and may be subject to discipline. The District assumes no liability if these devices are broken, lost or stolen. Notices of this policy are posted in a central location of every school building and in the student handbooks.

[Adoption Date: March 3, 1997; Revised: June 14, 2004; August 13, 2012; January 12, 2015; May 13,
2019]
LEGAL REFS: ORC 3313.20; 3313.753
CROSS REFS.: AC, Nondiscrimination
EDE, Computer/Online Services (Acceptable Use and Internet Safety)
JFC, Student Conduct
JFCEA, Gangs
JFCF, Hazing and Bullying (Harassment, Intimidation and Dating Violence)
Student Handbooks 
 
The following progressive discipline shall be imposed for violations of the policy "Personal Communication Devices and Emergency Contact of Students". 

First Offense: Immediate confiscation and warning/conference by building principal or designated administrator - device returned to student after conference.
 
Second Offense: Immediate confiscation - parent conference - 1 day ISA (In School Assignment), detention(s), and/or community service assigned - device returned to parent or legal guardian by building principal or designated administrator only after ISA has been served.
 
Third Offense: Immediate confiscation - parent conference - 3 day OSS (Out of School Suspension) - device returned to parent or legal guardian by building principal or designated administrator only after OSS has been served.
 
Note: After the first offense, only a parent or legal guardian of that student may reclaim these devices (in person) from the principal or designated administrator. If further discipline is needed past the Third Offense, it will be progressive in nature and will become a Level III discipline offense.
 
Neither the school nor the district will be responsible nor held liable for these devices lost or stolen at school, at school sponsored events, or when confiscated. All confiscated devices will be placed in a secure (locked) location.
 
If left unclaimed, the confiscated devices will be disposed of no sooner than 72 hours after the last day of school for the school year.
 
Lorain City Schools will review the Personal Communication Devices and Emergency Contact of Students Policy (JFCK-R ) annually.

Student Absences and Excuses

Regular attendance by all students is very important. In many cases, irregular attendance is the major reason for poor school work; therefore, all students are urged to make appointments, do personal errands, etc, outside of the school hours.
 
Reasons for which students may be excused include but are not limited to:
  1. personal illness of the student;
  2. illness in the student's family;
  3. needed at home to perform necessary work directly and exclusively for parents or legal guardians (applies to students over 14 years of age only);
  4. death in the family;
  5. quarantine for contagious disease;
  6. religious reasons;
  7. traveling out of state to attend a Board-approved enrichment activity or extracurricular activity (applies to absences of up to 24 school hours); or
  8. as determined by the Superintendent 
Each student who is absent must immediately upon return to school, make arrangements with his/her teacher(s) to make up work missed. Students who are absent from school for reasons not permitted by State law may, or may not be permitted to make up work. Each case is considered on its merits by the principal and the respective teacher(s). Students are requested to bring a note to school after each absence explaining the reason for the absence or tardiness.
 
The Board does not believe that students should be excused from school for vacations or other nonemergency trips. The responsibility for such absences resides with the parent(s), and they must not expect any work missed by their child to be retaught by the teacher. If the school is notified in advance of such a trip, reasonable efforts are made to prepare a general list of assignments for the student to do while they are absent.
 
The Board authorizes the Superintendent to establish a hearing and notification procedure for the purpose of denying a student's driving privileges if that student of compulsory school age has been absent without legitimate excuse for more than 60 consecutive hours during a school month or a total of at least 90 hours during a school year.
 
[Adoption date: December 10, 1990; Revised: August 9, 1999, June 23, 2003; August 13, 2008; August 13, 2013; January 1 2, 2015; May 1, 2017)
 
Students Habitually Absent-Loss of Driving Privileges (JEDR)

When the Superintendent receives information that a student of compulsory school age has been absent without legitimate excuse for more than 60 consecutive hours in a school month or at total of at least 90 hours in a school year, the following procedure applies.
  1. The Superintendent notifies, in writing, the student and his/her parent(s) and states that information regarding the student's absences has been provided to the Superintendent and, as a result of that information, the student's driving privileges are denied. This notification also states that the student and his/her parent(s) may appear before the Superintendent/designee to challenge the information provided to the Superintendent.
  2. The notice from the Superintendent to the student includes the scheduled time, place, and date of the hearing, which is scheduled between three and five days after the notification is given. Upon the request of the student or parent(s) an extension may be granted by the Superintendent. The Superintendent must then notify the student and the parent(s) of the new hearing time, place and date.
  3. At the hearing before the Superintendent/designee, the student has an opportunity to present evidence that he/she has not been habitually absent without legitimate excuse. State law defines "legitimate excuses" for absence from school to include, but not limited to:
    1. enrollment in another school or school district in Ohio or another state;
    2. possession of an age and schooling certificate (work permit);
    3. a bodily or mental condition that prohibits attendance; or
    4. participation in a home instruction program.
If a habitually absent student does not appear at a hearing before the Superintendent or designee, or if the student does not convince the Superintendent or designee that the absences were legitimate, the Superintendent must notify the register of motor vehicles and the juvenile judge. Such notification must be given to the registrar and the juvenile judge within two weeks of the receipt of the information regarding habitual absences or, if the hearing for the student is held, within two weeks after the hearing.
 
Notification to the registrar of motor vehicles and the county judge must comply with State and Federal law.
 
The registrar of motor vehicles is required to suspend the temporary instruction permit or driver's license of the student who is the subject of the notice. If a temporary permit or license has not been issued for that student, the registrar is prohibited from issuing a temporary permit or a license.
 
Denial of privileges remains in effect until the student reaches age 18 or until the denial is terminated for another reason allowed by State law. In accordance with State law, as student whose driving privileges have been denied can file a petition seeking their reinstatement.
 
(Approved: August 13, 2013; Revised: January 12, 2015; May 1, 2017) 

TRUANCY (JEDA) 
The Board aspires to reduce truancy through cooperation with parents, diligence in investigating the causes of absence and use of strict guidelines in regard to tardiness and unexcused absence.

When the Board determines that a student has been truant and that the parent, guardian or other person having care of a child has failed to ensure the child's attendance at school, State Jaw authorizes the Board to require the parent to attend a specified educational program.
 
This program has been established according to the rules adopted by the State Board of Education for the purpose of encouraging parental involvement in compelling the child's attendance at school.
 
On the request of the Superintendent, or when it comes to the attention of the school attendance officer or other appropriate officer of the District, the designated officer must investigate any case of supposed truancy within the district and must warn the child if found truant, and the child's parent in writing of the legal consequence of being a "habitual" truant.
 
A "habitual truant" is any child of compulsory school age who is absent without a legitimate excuse for 30 or more consecutive hours, 42 or more hours in one month or 72 or more hours in a school year.
 
The parent is required to have the child attend school immediately after notification. If the parent fails to get the child to attend school, the attendance officer or other appropriate officer if directed by the Superintendent or the Board must send notice requiring the child's parent to attend a parental education program.
 
Regarding "habitual truants," the Board must take as an intervention strategy any appropriate action contained in Board policy.
 
The Board directs the administration to develop intervention strategies that include all of the following actions if applicable:
  1. providing a truancy intervention plan meeting State law requirements for any student who is excessively absent from school;
  2. providing counseling for a habitual truant;
  3. requesting or requiring a parent having control of a habitual truant to attend parental involvement programs;
  4. requesting or requiring a parent of a habitual truant to attend truancy prevention mediation programs;
  5. notification to the registrar of motor vehicles; or
  6. taking appropriate legal action.
The attendance office provided notice to the parent of a student who is absent without excuse for 38 or more hours in one school month or 65 or more hours in as school year within seven days after the date of the absence triggering the notice. At the time of noticing the District may take any appropriate action as outlined in this policy as an intervention strategy.

Absence Intervention Plan
Beginning with the 2018-19 school year, when a student's absences surpass the threshold for the habitual truant, the principal or the Superintendent assign the student to an absence intervention team within 10 days of the triggering event. The absence intervention team must be developed within seven school days of the triggering event and is based on the needs of the individual student. The team must include a representative from the student's school or District,  a representative from the student's school or 'district who knows the student and the student's parent or their designee, and also may include a school psychologist,  counselor,   social worker or representative of an agency designed to assist students and their families in reducing absences. During the seven days while developing the team, the Superintendent or principal makes at least three meaningful, good faith attempts to secure participation of the student's parent. If the student's parent is unresponsive, the District investigates whether the failure to respond triggers mandatory reporting to the appropriate children's service agency and instructs the absence team to develop the intervention plan with the parent.
 
Within 14 school days after a student is assigned to a team, the team develops a student specific intervention plan to work to reduce or eliminate further absences. The plan includes, at minimum,  a statement the  District will file a complaint juvenile court not later than 61 days after the date the plan is implemented if the student refuses to participate or fails to make satisfactory progress. The District makes reasonable efforts to provide the student's parent with written notice of the plan within seven days of development.
 
The absence intervention plan for a student may include contacting the juvenile court to have a student informally enrolled in an alternative to adjudication. The Board directs the Superintendent to develop written procedures regarding the use of and selection for offering these alternatives to ensure fairness.
 
lf the student becomes habitually truant within 21 school days prior to the last day of instruction of a school year, the District may either assign a school official to work with the student's parents to develop an intervention plan during the summer and implement the plan no later than seven days prior to the first day of instruction of the next school year, or reconvene the absence intervention process on the first day of instruction of the next school year.
 
Filing a Complaint with Juvenile Court 
Beginning with the 2018-19 school year, the attendance officer must file a complaint against the student in juvenile court on the 61st day after implementation of the absence intervention plan when:
  1. the student's absences have surpassed the threshold for a habitual truant;
  2. the District has made meaningful attempts to re-engage the student through the absence intervention plan, other intervention strategies and any offered alternatives to adjudication; and
  3. the student has refused to participate in or failed to make satisfactory progress on the plan or any offered intervention strategies or alternatives to adjudication as determined by the absence intervention team.
If the 61st day after intervention falls on a day during the summer months, the District may extend the implementation of the plan and delay the filing of the complaint for an additional 30 days after the first day of instruction of the next school year.
 
Unless the absence intervention team determines the student has made substantial progress on their absence intervention plan, the attendance officer must file a complaint against the student in juvenile court if the student is absent without legitimate excuse for 30 or more consecutive hours or 42 or more hours during a school month at any time during the implementation phase of the intervention plan or other intervention strategy.
 
[Adoption date: July 9, 1990; Revised August 28, 2000; June 23, 2003; August 13, 2008; January 12, 2015; May l 2017]

LEGAL REF: ORC 3313.663; 3313.668; 3321.04 through 3321.04; 3321.07 through 3321.09; 332 l.l 9; 3321.191; 3321.22; 3321.38
 
Exclusions and Exemptions from School Attendance [JEG]
A student of compulsory school age residing in the District may be legally excused from fulltime enrollment by:
  1. holding an age and schooling certificate (work permit), being regularly employed and attending school on a part-time basis in a program approved by the Superintendent of his designee;
  2. receiving approved home instruction;
  3. attending a private or parochial school; or
  4. having received a diploma from an approved high school or certificate of high school equivalence from the Ohio Department of Education. 
The District may temporarily deny admittance to any student who is otherwise entitled to be admitted to the District if the student has been suspended or expelled from the schools of another district in the state of Ohio or an out-of state and if the period of suspension or expulsion has not yet expired. The student and parent(s) will have an opportunity for a hearing before the Superintendent/designee to determine the admittance or non-admittance of the student.

[Adoption date: July 9, 1990; Revised: January 12, 2015; October 3, 2016]
 
LEGAL REF:     ORC 3301.80; 3301.81
3313.66
3321.02; 3321.03; 3321.04; 3321.07
3331.01; 3331.02; 3313.04; 3331.06 through 3331.09
 
Student Dismissal Precautions (JEDB) 
Permission for a student to leave school when school is in session requires approval by the principal or a person specifically designated by him/her to exercise authority. In evaluating requests for this permission, he/she gives primary consideration to the best interests of the student and/or public welfare. Requests are not approved without a parent's permission. When a request originates from a person other than the parent(s), the school official in authority contacts the parent(s) to obtain permission. An exception may be made in the case of the student who is 18 years of age or older, who may make requests on his/her own behalf.
 
[Adoption date: January 12, 2015)
 
LEGAL REF ORC 3313.20

Student Promotion and Retention

The promotion of each student is determined individually.  The decision to promote or retain a student is made on the basis of the following factors. The teacher takes into consideration: reading skill, mental ability,  age, physical maturity, emotional and social development, social issues, home conditions, and grade average.

Promotion procedures demand continuous analysis and study of the student's cumulative student case history records. Administration guidelines must be developed and reviewed and may include the following elements :
  1. A student receiving passing grades in the core courses is promoted.
  2. A student having failing grades in the core courses at the end of each year is evaluated by the teachers, guidance counselor and principal for placement.
  3. A student having failing grades may be assigned to the next higher grade with discretion only with approval of the principal.
  4. No student having passing grades, " D" or above, throughout the year is failed.
  5. No student should be retained more than twice in elementary grades, kindergarten through eighth grade.
  6. Documentary and anecdotal evidence should be available to justify retention.              
Any student who is truant for more than 10% of required attendance days of the current school year and has failed two or more of the required curriculum subject areas in the current grade is retained unless that student's principal and the teachers of the failed subject areas agree that the student is academically prepared to be promoted to the next grade level.
 
"Academically prepared," means that the principal, in consultation with the student's teacher(s), has reviewed the student's work and records and has concluded that, in his/her judgment as a professional educator, the student is capable of progressing through and successfully completing work at the next grade level.
 
Any student, unless excused from taking the third grade reading assessment under Ohio Revised Code /section (RC) 3301.0710, who does not attain at least the equivalent level of achievement as required by RC 3301.0710 on the assessment, is not promoted to fourth grade unless one of the following applies:
  1. The student is an English learner who has been enrolled in United States schools for less than three full school years and has had less than three years of instruction in an English as a second language program.
  2. The student is a child with a disability entitled to special education and related services under RC 3323 and the student's Individualized Education Program (IEP) exempts the student from retention under this division.
  3. The student demonstrates an acceptable level of performance on an alternative standardized reading assessment as determined by the Ohio Department of Education.
  4. All of the following apply:
    1. The student is a child with a disability entitled to special education and related services under RC 3323.
    2. The student has taken the third grade English language arts achievement assessment prescribed under RC 3301.0710.
    3. The student's IEP or 504 plan shows that the student has received intensive remediation in reading for two school years but still demonstrates a deficiency in reading.
    4. The student's IBP or 504 plan shows that the student has received intensive remediation in reading for two school years but still demonstrates a deficiency in reading.
    5. The student previously was retained in any of grades kindergarten to three.
Intervention services are offered to students who are not making satisfactory progress toward the attainment of the statewide academic standards for their grade level. Any student who has been retained because of results on the third grade English language assessment and who demonstrates during the academic year that he/she now is reading at or above grade level is promoted to the fourth grade pursuant to the District-level mid-year promotion policy.

[Adoption date: December 9, 1991; Revised July 28, 2003, May 27, 2009; June 11, 2013; November 17, 2014; October 27, 2015; October 7, 2019]
 
LEGAL REFS.:  ORC 3301.07; 3301.0710; 3301.0711; 3301.0712; 3301.0715
3313.608; 3313.609; 3313.6010; 3313.6012
OAC 3301-35-04; 3301-35-06

Retention Procedures K-8:
  1. In cases of possible retention after reviewing 9 week progress reports the classroom teacher should submit an initial recommendation in writing to the principal with the reasons for retention stated briefly, including a detailed explanation of intervention strategies and a list of standards not met. This report should be submitted no less than two weeks before the end of the first semester or as soon as the need becomes evident. An initial conference between teachers and principals should take place before contacting parents.
  2. Immediately following the end of the first semester or as soon as the problem arises:
    1. A report of possible retention should be made to the parents by the classroom teachers, preferably through a conference.
    2. The Child Study Team will convene to develop an intervention plan.
  3. At the end of third grading period:
    1. Each case should be discussed carefully by the principal and the teacher(s).
    2. A final summary and written recommendation should be submitted to the principal by the classroom teacher(s).
    3. The Child Study Team will review documentation and determine retention or promotion.
  4. In cases of retention, that student, upon successful completion of a summer school program in a state-accredited school in the required areas, may be promoted. 
[Approved: June 19, 2006; Revised: November 17, 2014]

Student Publications

The Lorain City Board of Education encourages student publications as classroom-related learning experience in such courses as English, language arts in the elementary grades, and journalism and as an extracurricular activity. These allow for coverage of student activities and the writing and printing of original literary and artistic productions; however, certain necessary guidelines are established to regulate the publication and dissemination of student publications.
 
School-Sponsored Publications
School publications afford an educational experience for students interested in this activity and should provide an opportunity for the sincere expression of all facets of student opinion. These guidelines are as follows:
  1. Faculty advisors advise on matters of style, grammar, format and suitability of materials.
  2. The school publication reflects the policy and judgment of the student editors. Material of a controversial nature should not be prohibited unless it:
    1. imminently threatens to disrupt the educational process of the school, to damage other individuals or to advocate conduct that otherwise is inconsistent with the shared values of a civilized social order (e.g., advocating drug or alcohol use);
    2. threatens any person or group within the school or advocates unlawful discrimination;
    3. advocates violation of the law or official school regulations;
    4. violates any provisions of the Student Conduct (JFC) and Internet Safety (EDE) policies;
    5. is considered false or libelous, based upon available facts; or
    6. potentially harmful to juveniles or offensive according to community standards as to what is suitable for juveniles.
  3. The final decision as to the suitability and professionalism of material rests with the superintendent or designee. Efforts will be extended to consult with the principal, faculty advisor and student editor in the decision making process.
 
Nonschool-Sponsored Publications
Students who edit, publish and/or wish to distribute nonschool-sponsored handwritten, printed, or duplicated matter among their fellow students in the schools must assume responsibility for the content of the publication. Students may be restricted as to the time and place of distribution, or may be prohibited from distributing such publications. All non-school sponsored publications fall under the category of advertisements and/or solicitation and must adhere to appropriate Board policy. 
[Ref: Policy IGDB]

Legal/Educational Rights

Students, like all citizens, have rights guaranteed by the Constitution of the United States. Most often, the First Amendment and the Fourteenth Amendment apply in school situations.
 
The rights of an individual are preserved only by the protection and preservation of the rights of others. A student is responsible for the way he/she exercises his/her rights, and he/she must accept the consequences of his/her actions and recognize the boundaries of his/her rights. Each exercise of an individual's rights must demonstrate respect for the rights of others.
 
These statements set forth the rights of students in public schools of the District and the responsibilities that are inseparable from these rights:
  1. Civil rights - including the rights to equal educational opportunity and freedom from discrimination; the responsibility not to discriminate against others.
  2. The right to attend free public schools; the responsibility to attend school regularly and to observe school rules essential for permitting others to learn at school.
  3. The right to due process of law with respect to suspension and expulsion.
  4. The right to free inquiry and expression; responsibility to observe reasonable rules regarding these rights.
  5. The right to privacy, in respect to the student' s school records.

A copy of theStudent Code of Conduct will be posted in each of the schools and provided to each student. This code describes in detail the offenses such as truancy, tardiness, property damage, etc., for which disciplinary action may be taken. Copies of the code are available for any parent in the Lorain City School District.

The Lorain City Schools personnel will ensure compliance and confidentiality regarding HIPAA.
 
IDPAA (Health Insurance Portability and Accountability Act of 1996)
The Lorain City Schools, otherwise known as LCS, has adopted this policy to comply with the Health Insurance Portability and Accountability Act of 1996 (HlPAA), Public Law 104-191 August 21, 1996, and the privacy regulations, as well as to fulfill our duty to protect the confidentiality and integrity of confidential protected health information as required by law, professional ethics, and accreditation requirements. 
  1.  All Lorain City School officers, employees, and agents shall preserve the integrity and the confidentiality of individually identifiable health information (IIHI) pertaining to each student. This IIHI is protected health information (PHI) and shall be safeguarded to the highest degree possible in compliance with the requirements of the security and privacy rules and standards established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
  2. With the exception of uses and disclosures for treatment, payment and healthcare operations and disclosures for purposes identified in HIPAA such as public health, health oversight and certain law enforcement requirements, no Lorain City School officer, employee, or agent shall use or disclose an individual's PHI without written, valid authorization from the student or his/her legal representative.
  3. The student or his/her legal representative has the right to revoke an authorization at any time verbally or in writing.
  4. Under the HIPAA Privacy Rule, students have the same rights after death as they had while alive as it relates to uses and disclosures of PHI.

Health Insurance portability and Accountability Act

HIPAA USER CHECKLIST
The Lorain City Schools' personnel will utilize the HIPAA USER CHECKLIST to ensure that the student voluntary authorization is in compliance with HIPAA. Personnel will review the HIPAA USER CHECKLIST, indicating we are in compliance with the core requirements for HIPAA. Personnel will check each item, print student's name, write health care worker's name, and complete review date.
  1.  Voluntary Authorization and Consent for Release of Information Form
  2. Lorain City Schools' personnel will obtain voluntary authorization and consent for release of information when necessary for educational purposes. The form contains the core elements of HIPAA. These are:
    1. A description of the information to be used or disclosed that identifies the information in a specific and meaningful fashion.
    2. The description of the information is sufficiently specific to know which information the authorization references and only the information referenced is released.
    3. The authorization includes the name or function of the person authorized to use or disclose the protected health information.
    4. The authorization indicates the purpose of the disclosure and is to aid in making educational decisions.
    5. The authorization has a specific expiration date. It is not more than 180 days from initial date of signature.
    6.  The authorization contains the signature of the parent/guardian, the date of the signature, and name of child.
    7. The authorization states the individual has the right to revoke the authorization in writing, unless action has been taken in reliance upon the authorization, as well as instructions on how the individual may revoke the authorization.
    8. The authorization must contain a statement that information used or disclosed pursuant to the authorization may be subject to re-disclosure by the recipient and no longer protected by federal regulation.
  3. Lorain City Schools' personnel will review our HIPAA policies and procedures on an annual basis. New personnel will be trained as part of their orientation. Receipt and completion of training is documented by having staff sign name, title/function and date. Personnel will receive a copy of the Lorain City Schools' HIPAA policies and procedures.
  4. The Lorain City Schools' HIPAA Notice of Privacy Practices will be posted at each building.
  5. The superintendent of Lorain City Schools or designee is responsible for seeing that the privacy procedures are adopted and followed.
  6. All student records containing individually identifiable health information are kept in a locked room. The Lorain City Schools ConfidentialityPolicy is part of our approved Management Plan. This assures restrictive access to files.
[Ref: Policy JOA)
 
Equal Educational Opportunities 
All students of the Lorain City School District will have equal educational opportunities.
 
Students have the right to be free from discrimination on the basis of race, sex, marital status, pregnancy, national origin, physical handicaps, criminal record, political activity, religion, creed, or opinion, in all decisions affecting admissions, membership in school sponsored organizations, clubs, or activities, access to facilities, distribution of funds, academic evaluations, or any other aspect of school sponsored activities. Any limitations with regard to participation in a school sponsored activity will be based on criteria reasonably related to that specific activity.
(Ref: Policy JB]

Student Records

In order to provide students with appropriate instruction and educational services, it is necessary for the District to maintain extensive educational and personal information. It is essential that pertinent information in these records be readily available to appropriate school personnel, be accessible to the student's parent(s) or legal guardian(s) or the student in accordance with law, and yet be guarded as confidential information.
 
The Superintendent is responsible for the proper administration of student records in keeping with State law and federal requirements and the procedures for the collection of necessary information about individual students throughout the District.
 
Upon request, all records and files included in the student's cumulative file are available to parents or guardians or the student (if he/she is over 18 years of age). This request must be in writing and is granted within seven calendar days. No records are to be removed from the school. A principal, teacher or other qualified school personnel must be present to explain any of the tests or other material.
 
All rights and protections given to parents under law and this policy transfer to the student when he/she reaches age 18 or enrolls in a postsecondary school. The student then becomes an "eligible student."
 
The District uses reasonable methods to identify and authenticate the identity of parents, students, school officials and any other parties to whom the agency or institution discloses personally identifiable information from education records.
 
The District provides notice to parents and eligible students annually, in accordance with the procedures set forth under administrative regulations, of the rights held by parents and eligible students wider law and this policy. It is the intent of the District to limit the disclosure of information contained in the student's education records except: 
  1. by prior written consent;
  2. as directory information and
  3. under other limited circumstances, as enumerated under administrative regulations. 
The following rights exist:
  1. the right to inspect and review the student's education records;
  2. the right, in accordance with administrative regulations, to seek to correct parts of the student's education records, including the right to a hearing if the school authority decides not to alter the records according to the parent(s)' or eligible student's request;
  3. the right of any person to file a complaint with the U.S. Department ofEducation if the District violates relevant Federal law, specifically the Family Educational rights and Privacy Act (FERPA) and
  4. the right to acquire information concerning the procedure which the parent(s) or eligible student should follow to obtain copies of this policy, the locations from which these copies may be obtained, as well as any fees to be charged for such copies. *(See administrative regulations.)
The District proposes to designate the following personally identifiable information contained in a student's education records as "directory information."
  1. student's name
  2. participation in officially recognized activities and sports
  3. student's achievement awards or honors
  4. student's weight and height, if a member of an athletic team
  5. major field of study
  6. dates of attendance ("from and to" dates of enrollment)
  7. date of graduation
The above information is disclosed without prior written consent, except when the request is for a profit-making plan or activity or when the parent or eligible student has informed the Board that any or all such information should not be released without their prior written consent or when disclosure is otherwise prohibited by law.
 
Administrative regulations set forth a procedure for annual notification to parents and eligible students of the District's definition of directory information. Parents or eligible students then have two weeks in which to advise the District in writing, in accordance with such regulations, of any and all items which they refuse to permit as directory information about the student.

To cany out their responsibilities, school officials have access to student education records for legitimate educational purposes. The District uses the criteria set forth under administrative regulations to dete1mine who are "school officials" and what constitutes "legitimate educational interests."
  
Other than requests as described above, school officials release information from, or permit access to, a student's education records only with the prior written consent of a parent or eligible student, except that the Superintendent or a person designated in writing by the Superintendent may permit disclosure in certain limited circumstances outlined under administrative regulations.

The District maintains, in accordance with administrative regulations, accurate record of all requests to disclose information from, or to permit access to, a student's education records and of information disclosed and access permitted.
 
[Adoption date: August 24, 1992; revised October 12, 1994; October 6, 1996; December 14,
1998;Revised: January 12, 2015; October 3, 2016; January 9, 2017]
 
LEGAL REFS.:      The Elementary and Secondaly Education Act; 20 USC 1221 et seq.
Family Educational Rights and Privacy Act; 20 USC Section 1232g Health Insurance Portability and Accountability Act; 20 USC ll 81 et seq. ORC 111.41; ll 1.42; 111.43; 111.46; 111.47; 111.99
149.41; 149.43
1347.01 et seq.
3317.031
3319.32; 3319.321; 3319.33
3321.12; 3321.13
3331.13
 
CROSS REFS.: AFI, Evaluation of Educational Resources EHA, Data and Records Retention
IL, Testing Programs
JECAA, Admission of Homeless Students KBA, Public's Right to Know
KKA, Recruiters in the Schools
 
  1. Each student's official school records include the following:
    1. Records to be retained permanently
      1. name and address of parent(s)
      2. verification of date and place of birth
      3. dates and record of attendance
      4. course enrollment and grades
      5. test data
      6. date of graduation or withdrawal
    2. Records of verifiable information to be retained during the student's school career
      1. medical/health data
      2. individual psychological evaluation (gathered with written consent of parent(s))
      3. individual intelligence tests, tests for learning disabilities, etc. (counselor administered)
      4. other verifiable information to be used in educational decision making 
  2.  Maintaining student records
    1. Transcripts of the scholastic record contain only factual information. The District confines its record keeping to tasks with clearly defined educational ends.
    2. Items listed under 1-A are retained for 100 years. Those listed under 1-B are retained during the student's enrollment and destroyed after graduation unless the school code imposes other restrictions.
    3. Teacher and staff comments on student records are confined to matters related to student perfonnance. Value judgments are excluded from the record.
    4. Student records are considered as current educational and/or therapeutic tools and are available for use as such.
The following definitions of terms pertain to this statement of policy.  
Student - any person who attends or has attended a program of instruction sponsored by the Board.

Eligible student - a student or former student who has reached age 18or is attending a postsecondary school.

Parent - either natural parent of a student unless his/her rights under the FERPA have been removed by a court order, a guardian or an individual acting as parent or guardian in the absence of the student's parent(s).
 
Date of attendance - means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester or a first quarter. The term does not include specific daily records of a student's attendance at an educational agency or institution.
 
Education record -any records (in handwriting, print, tapes, film or other medium) maintained by the District, an employee of the District or an agent of the District, which are related to a student, except:
  1. a personal record kept by a school staff member that meets the following tests: 
    1. it is in the sole possession of the individual who made it;
    2. it is used only as a personal memory aid and
    3.  information contained in it has never been revealed or made available to any other person, except the maker's temporary substitute;
  2. an employment record which is used only in relation to a student's employment by the District (employment for this purpose does not include activities for which a student receives a grade or credit in a course);
  3. alumni records which relate to the student after he/she no longer attends classes provided by the District and the records do not relate to the person as a student and
  4. peer-graded papers before they are collected and recorded by a teacher
Personally Identifiable information - any data or information which makes the subject of a record known, including the student's name, the student's or student's family's address, the name of the student's parent or other family members, a personal identifier such as a student's Social Security number or a biometric record, other indirect identifiers, such as the student's date of birth, place of birth or mother's maiden name, other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty or information requested by a person who the District reasonably believes knows the identity of the student to whom the education record relates.
 
Annual Notification
Within the first three weeks of each school year, the District publishes in a notice to parents and eligible students their rights under State and Federal law and under this policy. The District also sends home with each student a bulletin listing these rights; the bulletin is included with a packet of material provided to parents or eligible students when the students enroll during the school year.
 
The notice includes: 
  1. the right of a parent(s) or eligible student to inspect and review the student's education records;
  2. the intent of the District to limit the disclosure of information contained in a student's education records, except: (I) by the prior written consent of the student's parent(s) or the eligible student, (2) as directory information or (3) under certain limited circumstances, as permitted by law;
  3. the right of a student's parent(s) or an eligible student to seek to correct parts of the student's education records which he/she believes to be inaccurate, misleading or in violation of student rights; this right includes a hearing to present evidence that the records should be changed if the District decides not to alter them according to the parent(s)' or eligible student's request;
  4. the right of any person to file a complaint with the Department ofEducation if the District violates the FERPA and
  5. the procedure that a student's parent(s) or an eligible student should follow to obtain copies of this policy and the locations where copies may be obtained.
An administrator arranges to provide translations of this notice to non-English-speaking parents in their native language.

Procedure to Inspect Education Records
Parents or eligible students may inspect and review education records to which they are entitled to have access upon request. In some circumstances, it may be mutually more convenient for the record custodian to provide copies of records. (See the schedule of fees for copies.)
 
Since a student's records may be maintained in several locations, the school principal may offer to collect copies of records or the records themselves from locations other than a student's school, so that they may be inspected at one site. If parents and eligible students wish to inspect records where they are maintained, school principals accommodate their wishes.
 
Parents or eligible students should submit to the student's school principal a written request, which identifies as precisely as possible the record or records, which he/she wishes to inspect.
 
The principal (or other custodian) contacts the parent(s) of the student or the eligible student to discuss how access is best arranged (copies at the exact location or records brought to a single site).
 
Toe principal (or other custodian) makes the needed arrangements as promptly as possible and notifies the parent(s) or eligible student of the time and place where the records may be inspected. This procedure must be completed within 45 days or earlier after the receipt of the request for access.
 
If for any valid reason, such as working hours, distance between record location sites or health, a parent(s) or eligible student cannot personally inspect and review a student's education records, the District arranges for the parent(s) or eligible student to obtain copies of the records. (See information below regarding fees for copies of records.)
 
When records contain information about students other than a parent(s)' child or the eligible student, the parent(s) or eligible student may not inspect and review the records of the other students.
 
Fees for Copies of Records
The District does not deny parents or eligible students any rights to copies of records because of the following published fees. When the fee represents an unusual hardship, it may be waived, in part or entirely, by the records custodian. The District reserves the right to make a charge for copies, such as transcripts, which it forwards to potential employers or to colleges and universities for employment or admissions purposes. The District may deny copies of records (except for those required by law) if the student has an unpaid financial obligation to the District.
  
Federal law requires the District to provide copies of records for the following reasons: 
  1. when the refusal to provide copies effectively denies access to a parent(s) or eligible student;
  2. at the request of the parent(s) or eligible student when the District has provided the records to third parties by the prior consent of the parent(s) or eligible student or
  3. at the request of the parent(s) or eligible student when the District has forwarded the records to another district in which the student seeks or intends to enroll
The fee for copies provided under Federal law may not include the costs for search and retrieval. This fee is $.05 (five cents) per page (actual copying cost less hardship factor).
 
The fee for all other copies such as copies of records forwarded to third parties with prior consent or those provided to parents as a convenience is $.05 (five cents) per page (actual search, retrieval copying cost and postage, if any).
 
Directory Information
The District proposes to designate the following personally identifiable information contained in a student's education record as "directory information"; it discloses that information without prior written consent, except that directory information is not released for a profit-making plan or activity or when disclosure is otherwise prohibited by law. Such information includes:
  1. student's name
  2. participation in officially recognized activities and sports
  3. student's achievement awards or honors
  4. student's weight and height, if a member of an athletic team
  5. major field of study
  6. dates of attendance ("from and to" dates of enrollment)
  7. date of graduation 
Within the first three weeks of each school year, the District publishes the above list, or a revised list, of the items of directory information, which it proposes to designate as directory information. For students enrolling after the notice is published, the list is given to the student's parent(s) or to the eligible student at the time and place of enrollment.

After the parents or eligible students have been notified, they have two weeks in which to advise the District in writing (a letter to the Superintendent's office) of any or all of the items which they refuse to permit the District to designate as directory information about that student.
 
At the end of the two-week period, each student's records are appropriately marked by the record custodians to indicate the items, which the District designates as directory information about that student. This designation remains in effect until it is modified by the written direction of the student's parent(s) or the eligible student.
 
Use of Student Education Records
To carry out their responsibilities, school officials have access to student education records for legitimate educational purposes. The District uses the following criteria to determine who are school officials. An official is a person:
  1. duly elected to the Board;
  2. certificated by the state and appointed by the Board to an administrative or supervisory position;
  3. certificated by the state and under contract to the Board as an instructor;
  4. employed by the Board as a temporary substitute for administrative, supervisory or teaching personnel for the period of his/her performance as a substitute;
  5. employed by, or under contract to, the Board to perform a special task such as a secretary, a Treasurer, Board attorney or auditor for the period of his/her performance as an employee or contractor or
  6. a contractor, consultant, volunteer or other party to whom an agency or institution has outsourced institutional services or functions may be considered a school official provided that the outside party:
    1. performs an institutional service or function for which the District would otherwise use employees;
    2. is under the direct control of the District with respect to the use and maintenance of education records and
    3. abides by the legal requirements governing the use and redisclosure of personally identifiable information from education records.
 
School officials who meet the criteria listed above have access to a student's records if they have a legitimate educational interest in those records. A "legitimate educational interest" is the person's need to know in order to perform:
  1. an administrative task required in the school employee's position description approved by the Board;
  2. a supervisory or instructional task directly related to the student's education or
  3. a service or benefit for the student or the student's family such as health care, counseling, student job placement or student financial aid.
 
NOTE: The District must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests. A District that does not use physical or technological access controls to records must ensure that its administrative policy for controlling access to education records is effective and that it remains in compliance with the legitimate educational interest requirement.
 
The District releases information from or permits access to a student's education records only with a parent's or an eligible student's prior written consent, except that the Superintendent or a person designated in writing by the Superintendent may permit disclosure under the following conditions:
  1. when students seek or intend to enroll in another school district or a postsecondary school. The District makes reasonable attempts to notify the parent or eligible student at their last known address unless the disclosure is initiated by the parent or eligible student or unless the District's annual notification includes notice that the District forwards education records to other education entities that request records in connection with a student's transfer or enrollment Upon request, the District provides copies of the records and an opportunity for a hearing (upon the condition that the student's parents be notified of the transfer, receive a copy of the record and have an opportunity for a hearing to challenge the content of the record);
  2. when certain federal and state officials need information in order to audit or enforce legal conditions related to federally supported education programs in the District;
  3. when parties who provide, or may provide, financial aid for which a student has applied or received, need be information to:
    1. establish the student's eligibility for the aid;
    2. determine the amount of financial aid;
    3.  establish the conditions for the receipt of the financial aid or
    4. enforce the agreement between the provider and the receiver of financial aid;
  4.  if a State law adopted before November 19, 1974, required certain specific items of information to be disclosed in personally identifiable form from student records to state or local officials;
  5. when the District has entered into a written agreement or contract form organization to conduct studies on the District's behalf to develop tests, administer student aid or improve instruction;
  6. when accrediting organizations need those records to carry out their accrediting functions;
  7. when parents of eligible students claim the student as a dependent;
  8. when it is necessary to comply with a judicial order or lawfully issued subpoena; the District makes a reasonable effort to notify the student's parent(s) or the eligible student before making a disclosure under this provision, except when a parent is party to a court proceeding involving child abuse or neglect or dependency, and the order is issued ii the context of that proceeding;
  9. if the disclosure is an item of directory information and the student's parent(s) or the eligible student has not refused to allow the District to designate that item m directory information for that student;
  10. the disclosure is in connection with a health and safety emergency;
  11. the disclosure concerns sex offenders and other individuals required to register under section 170 D 1 of the ViolentCrime Control and Law Enforcement Act of 1994,42 U.S.C. 14071, and the information was provided to the educational agency or institution under 42 U.S.C. 14071 and applicable federal guidelines; and
  12. to an agency caseworker or other representative of a state or local child welfare agency, when the agency is legally responsible for the care and protection of the child. Information obtained will not be disclosed by the agency to any other agency or individual, unless they are engaged in addressing the education needs of the child and authorized by the agency to have access and the disclosure is consistent with the State laws applicable to protecting the confidentiality of the student's education records.
 
The District discloses personally identifiable information from an education record to appropriate parties, including parents, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

When deciding whether to release personally identifiable information in a health or safety emergency, the District may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. If the District determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.
 
The District records the following information when it discloses personally identifiable information from education records under the health or safety emergency exception:
 
  1. the articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure and
  2. parties to whom the District disclosed the information 
The District is required to permit the Ohio Department of Education to have access to personally identifiable information about a student if the Ohio Department of Education needs the information to:
  1.  notify the District or school attended in the District of threats or descriptions of harm included in the student's response to an achievement test question;
  2. verify the accuracy of the student's achievement test score or
  3.  determine whether the student satisfies the  alternative conditions for a high school diploma 
District officials may release information from a student's education records if the student's parent(s) or the eligible student gives his/her prior written consent for the disclosure. The written consent must include at least:
  1. a specification of the records to be released;
  2. the reasons for the disclosure;
  3. the person or the organization or the class of persons eor organizations to whom the disclosure is to be made;
  4. the parent(s) or student's signature and
  5. the date of the consent and, if appropriate, a date when the consent is to be terminated.
 
The District uses reasonable methods to identify and authenticate the identity of parents, students, school officials and any other parties to whom the agency or institution discloses personally identifiable information from education records. The student's parent(s) or the eligible student may obtain a copy of any records disclosed under this provision. The District does not release information contained in a student's education records, except directory information, to any third parties, except its own officials, unless those parties agree that the information is not redisclosed, without the parent(s)' or eligible student's prior written consent.
 
Records of Requests for Access and Disclosure Made From Education Records
The District maintains an accurate record of all requests for it to disclose information from, or to permit access to, a student's education records and of information it discloses and access it permits, with some exceptions listed below. This record is kept with, but is not a part of, each student's cumulative school records. It is available only to the record custodian, the eligible student, the parent(s) of the student or to federal, state or local officials for the purpose of auditing or enforcing federally supported educational programs.

The record includes:
  1. the name of the person who or agency which made the request;
  2. the interest which the person or agency has in the information;
  3. the date on which the person or agency made the request;
  4. whether the request was grantedand, if it was, the date access was permitted or the disclosure was made and
  5. in the event ofa health and safety emergency , the articulable and significant threat to the health or safety of a student or other individuals that fonned the basis for the disclosure and the parties to whomthe agency or institution disclosed the information.
The District maintains this record as long as it maintains the student's education record.

The records do not include requests for access or information relative to access which has been granted to parent(s) of the student or to an eligible student; requests for access or access granted to officials of the District who have a legitimate educational interest in the student; requests for, or disclosures of, information contained in the student's education records if the request is accompanied by the prior written consent of a parent(s) or eligible student or if the disclosure is authorized by such prior consent or for requests for, or disclosures of, directory information designated for that student.
 
Procedures to Seeto Correct Education Records
Parents of students or eligible students have a right to seek to change any part of the student's records which they believe is inaccurate, misleading or in violation of student rights.
 
For the purpose of outlining the procedure to seek to correct education records, the term "incorrect" is used to describe a record that is inaccurate, misleading or in violation of student rights. The term "correct" is used to describe a record that is accurate, not misleading and not in violation of student rights. Also, in this section, the term "requester" is used to describe the parent(s) of a student or the eligible student who is asking the District to correct a record.
 
To establish an orderly process to review and correct the education records for a requester, the District may make a decision to comply with the request for change at several levels in the procedure.
 
First-level decision When a parent of a student or an eligible student finds an item in the student's education records, which he/she believes is inaccurate, misleading or in violation of student rights, he/she should immediately ask the record custodian to correct it If the records are incorrect because of an obvious error and it is a simple matter to make the record change at this level, the records custodian makes the correction. lf the records are changed at this level, the method and result must satisfy the requester.
 
If the custodian cannot change the records to the requester's satisfaction, or the records do not appear to be obviously incorrect, he/she:
  1. provides the requester a copy of the questioned records at no cost;
  2. asks the requester to initiate a written request for the change and
  3. follows the procedure for a second-level decision.
 
Second-level decision The written requests to correct a student's education records through the procedure at this level should specify the correction, which the requester wishes the District to make. It should at least identify the item the requester believes is incorrect and state whether he/she believes the item:
  1. is inaccurate and why;
  2. is misleading and why and/or
  3. violates student rights and why.
The requests dated and signed by the requester.
 
Within two weeks after the records custodian receives a written request, he/she:
  1. studies the request;
  2. discusses it with other school officials (the person who made the record or those who may have a professional concern about the District's response to the request);
  3. makes a decision to comply or decline to comply with the request and
  4. completes the appropriate steps to notify the requester or moves the request to the next level for a decision.
If, as a result of this review and discussion, the records custodian decides the records should be corrected, he/she effects the change and notifies the requester in writing that he/she has made the change. Each such notice includes an invitation for the requester to inspect and review the student's education records to make certain that the records are in order and the corrections satisfactory.
 
If the custodian decides the records are correct, he/she makes a written summary of any discussions with other officials and of his/her findings ii the matter. He/She transmits this summary and a copy of the written request to the Superintendent.

Third-level decision. The Superintendent reviews the material provided by the records custodian and, if necessary, discusses the matter with other officials such as the school attorney or the Board (in executive session). He/She then makes a decision concerning the request and completes the steps at this decision level. Ordinarily, this level of the procedure should be completed within two weeks. If it takes longer, the Superintendent notifies the requester in writing of the reasons for the delay and indicates a date on which the decision will be made.
 
If the Superintendent decides the records are incorrect and should be changed, he/she advises the record custodian to make the changes. The record custodian advises the requester of the change as he/she would if the change had been made at the second level.
 
If the Superintendent decides the records are correct, he/she prepares a letter to the requester, which includes:
  1. the District's decision that the records are correct and the basis for the decision;
  2. a notice to the requester that he/she has a right to ask for a hearing to present evidence that the records are incorrect and that the District grants such a hearing;
  3. advice that the requester may be represented or assisted in the hearing by other parties, including an attorney at the requester's expense and
  4. instructions for the requester to contact the Superintendent or his/her designee to discuss acceptable hearing officers, convenient times and a satisfactory site for the hearing. (The District is not bound by the requester's positions on these items but may, as far as feasible, arrange the hearing as the requester wishes.)
 
Fourth-level decision. After the requester has submitted (orally or in writing) his/her wishes concerning the hearing officer, the time and place for the hearing, the Superintendent, within a week, notifies the requester when and where the District will hold the hearing and who it has designated as the hearing officer.
 
At the hearing, the hearing officer provides the requester a full and reasonable opportunity to present material evidence and testimony to demonstrate that the questioned part of the student's education records are incorrect as shown in the requester's written request for a change in the records (second level).
 
Within one week after the hearing, the hearing officer submits to the Superintendent a written summary of the evidence submitted at the hearing. Together with the summary, the hearing officer submits his/her recommendation, based solely on the evidence presented at the hearing, that the records should be changed or remain unchanged.
  
The Superintendent prepares the District's decision within two weeks of the hearing. That decision is based on the summary of the evidence presented at the hearing and the hearing officer's recommendation. The District's decision is based solely on the evidence presented at the hearing. The Superintendent may overrule the hearing officer if he/she believes the hearing officer's recommendation is not consistent with the evidence presented. As a result of the District's decision, the Superintendent takes one of the following actions.
  1. If the decision is that the District changes the records, the Superintendent instructs the records custodian to correct the records. The records custodian corrects the records and notifies the requester as in the context of the second-level decision.
  2. If the decision is that the District does not change the records, the Superintendent prepares a written notice to the requester, which includes:
    1. the District's decision that the records are correct and will not be changed; 
    2. a copy of a summary of the evidence presented at the hearing and a written statement of the reasons for the District's decision and
    3. advice to the requester that he/she may place in the student's education records an explanatory statement, which states the reasons why he/she disagrees with the District's decision and/or the reasons he/she believes the records are incorrect.
 Final administrative step in the procedure. When the District receives an explanatory statement from a requester after a hearing, it maintains that statement as part of the student's education records as long as it maintains the questioned part of the records. The statement is attached to the questioned part of the records and whenever the questioned part of the records is disclosed, the explanatory statement is also disclosed.
(Approval date: January 12, 2015; Revised: October 3, 2016; January 9, 2017)

School Admissions

The District provides free education to District residents between the ages of five through 21 who do not possess a diploma. Students who do not legally qualify as residents may be required to pay tuition as established by law and Board policy.
 
A student is considered a resident of the district if he/she resides with a parent, a grandparent with either power of attorney or caretaker authorization affidavit or a person or government agency with legal custody whose place of residence is within the boundaries of the District. Parents and grandparents with either power of attorney or caretaker authorization affidavit, may be required to present legal proofs of residence.
 
New entrants at all grade levels are required to present at the time of enrollment: a birth certificate or other document as evidence of birth, a certified copy of any child custody order or decree, proof of having received or being in the process of receiving required immunizations, and copies of those records pertaining to him/her which are maintained by the school most recently attended. A protected child, as defined by State law, may not be denied admission to the school solely because the child does not present a birth certificate or comparable document upon registration. A protected child or parent, guardian or custodian of the child must present this documentation within days after the child's initial entry into the school. The District immediately enrolls homeless students and foster students and assists in obtaining the necessary enrollment documents.
 
In addition, students released from the Department of Youth Services (DYS), just prior to requesting admission to the District., may not be admitted until the Superintendent has received all required documents provided by DYS. Forwarded documents are:
  1. an updated copy of the student's transcript;
  2. a report of the student's behavior in school while in DYS custody;
  3. the student's current individualized education program (IEP), if developed, and
  4. a summary of the institutional record of the student's behavior.
DYS has 14 days to send the documents to the Superintendent.
[Adoption date: July 9, 1990; Revised: December 15, 2010; January 12, 2015; March 16,
2015; January 9, 2017]
 
LEGAL REFS:   ORC 2151.33;
 2152.18 (0)(4)
 3109.52 through 3109.61; 3109.65 through 3109.76
 3109.78; 3109.79; 3109.80
 3313.48; 3313.64; 3313.67; 3313.671; 3313.672
 3317.08;
 3321.01
 OAC 3301-35-04(F)
 
 
CROSS REFS.:      AFI, Evaluation of Educational Resources
IGBA, Programs for Students with Disabilities 
JECAA, Admission of Homeless Students 
JECB, Admission ofNomesident Students
JEE, Student Attendance Accounting (Missing and Absent Children) 
JHCA, Physical Examinations of Students
JHCB, Immunizations 
JO, Student Records

Pregnant/Married Students

Pregnant Students
The Board affirms the right of a pregnant student to continue her participation in the educational program.
 
As soon as the pregnancy is medically confirmed, the Board recommends that the student consults with a member of the student personnel staff or the principal to plan her educational program.

With the staff member involved, the student may elect any of the following educational plans or suggest alternatives.
  1. She may remain in her present school program, with modifications as necessary until the birth of her baby is imminent or until her physician states that continued participation would be detrimental to her health or that of the baby.
  2. When information has been received from the student's physician that the student is unable to attend school, the building principal, teacher(s) and parents work together to coordinate work for the time period the student is out of school.
  3. With Board approval, she may temporarily withdraw from school and enroll in an approved educational program in which she can continue her education.
Efforts are made to ensure that the educational program of the student is disrupted as little as possible and that she receives health and counseling services, as well as instruction. Students under the age of 18 are still subject to compulsory education requirements. Students 18 or older are encouraged to return to school after delivery and complete requirement for graduation.
 
Married students of compulsory school age are subject to the compulsory attendance law. A married student may not be excluded from any extracurricular activity solely because he/she is married.

[Adoption date: August 24,1992; Revised: July 12,2004; Januruy 12,2015] LEGAL 

REFS.:    Education Amendments of 1972,Title lX; 20 USC 1681et seq.
ORC 3321.01; 3321.04
 
CROSS REFS.:      JB, Equal Educational Opportunities
JEA, Compulsory Attendance Ages
 

Interrogations and Searches

The District has responsibility for the control and management of students during the school day and hours of approved extracurricular activities. While discharging its responsibility, the administration is to make an effort to protect each student's rights with respect to interrogation by law enforcement officials. Tile administration has developed regulations to be followed in the case of searches and interrogations.

The right to inspect students' school lockers or articles upon their persons and to interrogate an individual student is inherent in the authority granted school boards. All searches are conducted sparingly and only when such search is reasonably likely to produce tangible results to preserve discipline and good order and the safety and security of persons and their property. The Board permits building administrators to search any unattended bag for safety and identification purposes.
 
Student lockers are the property of the District, and since random searches have a positive impact on reducing drugs and other criminal activity, it is the policy of the Board to permit the building administrators to search any locker and its contents as the administrator believes necessary. Such notice will be posted at or near the entrance to the school grounds and at the main entrance to each school building.
 
The Board directs the Superintendenttoauthorize the use of dogs trained detecting the presence of drugs and explosive devices. The dogs may be used to patrol the school facilities and grounds, including the lockers and parking areas. Use of dogs may be unannounced and random. If a trained canine alerts to a particular vehicle, locker or other container, it shall create reasonable suspicion to search that vehicle, locker or container in accordance with this policy.
 
[Adoption date: July 9, 1990; Revise d: January 24, 2000; January 28, 2002; March 25, 2002;
January 12, 20 IS; January 9, 20 17)
 
LEGAL REFS.: U.S. Const. Amend. IV
O RC 3313.20
 
CROSS REFS.:       JF, Student Rights and Responsibilities
 JHG, Reporting Child Abuse
 
The following rules apply to the search of school property assigned to a student (locker, desk, etc.) and the seizure of items in his/her possession.
  1. General housekeeping inspection of school property may be conducted with reasonable notice. Random searches of lockers may be conducted.
  2. A search of a desk or other storage space may be conducted when there exists reasonable suspicion for school authorities to believe that the area being searched contains evidence of a crime or violation of school rules.
  3. Search of an area assigned to a student will be for a specifically identified item and will be conducted in his/her presence and with his/her knowledge.
  4. Items, the possession of which constitutes a crime or violation of school rules, or any other possessions reasonably determined to be a threat to the safety or security of others may be seized by school authorities at any time. 
Searches of a  Student'Person or Personal Property by School Personnel 
Building administrators are permitted to search the person and personal property (purse, backpack, gym bag, etc.) of a student where there is reason to believe that evidence will be obtained indicating the student's violation of either the law or school rules. The following rules apply in such cases.
  1. There will be reasonable suspicion to believe that the search will result in obtaining evidence that indicates the student's violation of the law or school rules.
  2. Searches of a student's person are conducted by a member of the same sex as the student.
  3. Searches are conducted in the presence of another administrator or staff member.
  4. Parents of a minor student who is the subject of a search are notified of the search and are given the reason(s) for the search as soon as feasible after completion of the search.
  5. When evidence is uncovered indicating that a student may have violated the law, law enforcement officials shall be notified.
  6. Strip searches are discouraged. A substantially higher degree of certainty (more than a reasonable belief) is required prior 10 conducting such a search. In cases in which school officials believe a strip search is necessary, law enforcement officials should be called to conduct the search. 
Searches of Unattended Bags by School Personnel
Building administrators are permitted to search any unattended bag found on District property for safety and identification purposes. Once the administrator has determined the identity of the owner and that no safety or security issue exists, any subsequent searches of the item are based upon reasonable suspicion.

Searches of Student Property by Law Enforcement Officials
A law enforcement agency must have probable cause or produce a warrant prior to conducting any search of a student's personal property kept on school premises. When the law enforcement officials have reason to believe that any item which might pose an immediate threat to the safety or security of others is kept in a student locker, desk or other storage space, searches may be conducted without a previously issued warrant.
 
Interrogations by Law Enforcement Officials
The schools have legal custody of students during the school day and during hours of approved extracurricular activities. It is the responsibility of the school administration to try to protect each student under its control; therefore, the following steps shall be taken.
  1. The questioning of students by law enforcement agencies is limited to situations where parental consent has been obtained or the school official has made an independent determination that reasonable grounds exist for conducting an interrogation during school hours.
  2. Whenever possible, law enforcement officials should contact and/or question students out of school. When it is absolutely necessary for an officer to make a school contact with a student, the school authorities will bring the student to a private room and the contact is made out of the sight of others as much as possible.
  3. The school principal must be notified before a student may be questioned in school or taken from a classroom.
  4. The administration shall attempt to notify the parent(s) of the student to be interviewed by the law enforcement officials before questioning begins, unless extenuating circumstances dictate that this not be done.
  5. A school official requests to be present when an interrogation takes place within the school.
  6. When law enforcement officials remove a student from school, the administration will notify the parent(s) or other authorized emergency contact.
  7. Law enforcement officials will always be notified by the school principal whenever a student is involved in any type of criminal activity. When the principal learns of this involvement, he/she should notify the juvenile officer or detective bureau of the law enforcement agency. The school will not attempt to handle matters that are properly in the realm of a law enforcement agency.
(Approval date: January 12. 2015; Revised: June 26, 2017)
 

Investigation of Child Abuse/Neglect

Reporting Requirements for All School Employees in Ohio
Ohio Revised Code 2151.421 states in pertinent part for all school employees:
 
(A)(!) No person described in division... school teacher, school employee, school authority... who is acting in his official or professional capacity and knows or suspects that a child under eighteen years of age or a physically or mentally handicapped child under twenty-one years of age has suffered any wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child, shall reckless fail immediately to report or cause reports to be made of that knowledge or suspicion to the children services board, the county department of human services exercising the children services function, or a municipal or county peace officer in the com1ty in which the child resides or in which the abuse or neglect is occurring or has occurred. (Emphasis added.)
 
(C) Any report made pursuant to division (A) ... of this section shall be made forthwith by telephone or in person forthwith, and shall be followed by a written report, if requested by the receiving agency or officer...
 
(G) Anyone ... participating in the making of reports under this section ... shall be immune from any civil or criminal liability that otherwise might be incurred or imposed as a result of such actions.
 
(I.) (1) Any report made under this section is confidential.
 
This statutory reporting requirement obligates each school employee who knows or suspects of possible child abuse or neglect regardless of how long ago such abuse or neglect might have occurred to report immediately to the county department of human services or the local police.
 
Forms of child abuse and neglect (ORC 2151.03 & 2151.031):
 
Physical abuse
The non-accidental injury of a chiId.
 
Neglect
Failure to act on behalf of a child. It is an act of omission. Neglect may be thought of as child-rearing practices which are essentially inadequate or dangerous.
 
Sexual abuse
Any act of a sexual nature upon or with a child. The act may be for the sexual gratification of the perpetrator or a third party. This would, therefore, include not only anyone who actively participated in the sexual activity, but anyone who allowed or encouraged it
 
Emotional abuse
Chronic attitude or acts which interfere with the psychological and social development of a child. Emotional abuse is consistent and chronic behavior.
 
Physical neglect
Failure to meet the requirements basic to a child's physical development, such as supervision, housing, clothing, medical attention, nutrition, and support.
 
Emotional neglect
Failure to provide the support or affection necessary to a child's psychological and social development. Failure on the part of the parent to provide the praise, nurturance, love, or security essential to the child's development of a sound and healthy personality. The effects of extreme deprivation can be seen in the medical syndrome "nonorganic failure to thrive."

IMPORTANT
The Ohio Revised Code requires immediate reporting by school employees. This does not include or even permit school employees to investigate the probability of such a suspicion prior to making a report. Nor does the statute permit "delegating" the reporting responsibility to a principal or other school administrator. Rather, each school employee is required to immediately report suspicions of child abuse or neglect. Failure to report immediately subjects the individual school employee to liabiltiy.
 
At the time a child is abused or neglected, school employees and resources should be allocated on a priority basis to assist the child and to advocate what is in his/her best present and future interests. It is recognized that this is a crisis time for the child.
[Ref: Policy JHG)

Reporting Child Abuse

All employees of the District who know or have reasonable cause to suspect that a child under 18 years of age or a disabled child under 21 years of age has suffered, is suffering or faces a threat of suffering any type of abuse or neglect are required to immediately report such information to the public children services agency or the local law enforcement agency.
 
To ensure prompt reports, procedures for reporting are made known to the school staff. A person who participates in making such reports is immune from any civil or criminal liability, provided the report is made in good faith.
 
The Board directs the Superintendent/designee to develop a program of in-service training in child abuse prevention for all school nurses, teachers, counselors, school psychologists and administrators. This program is developed in consultation with public or private agencies or persons involved in child abuse prevention or intervention programs.
 
Each person employed by the Board to work as a school nurse, teacher, counselor, school psychologist or administrator shall complete at least four hours of in-service training in the prevention of child abuse, violence and substance abuse, school safety and the promotion of positive youth development within two years of commencing employment with the District, and every five years thereafter.
 
In addition, middle and high school employees who work as teachers, counselors, nurses, school psychologists and administrators must receive training in dating violence prevention. The curriculum for training in dating violence prevention is developed by the Superintendent/ designee and training must occur within two years of commencing employment and every five years thereafter.
 
Conversely, public children services agencies must notify the Superintendent of any allegations of child abuse and neglect reported to them involving the District, as well as the disposition of the investigation.
 
(Adoption date: July 9, 19()(); Reviewed: January 12, 2015)
 
LEGAL REFS.:    ORC 2151.011; 2151.421
   3313.662; 3313.666
   3319.073
 
CROSS REFS.:      EB, Safety Program
EBC, Emergency/Safety Plans 
IGAE, Health Education
JFCF, Hazing and Bullying (Harassment, Intimidation and Dating Violence)
JHF, Student Safety
 

Hazing and Bullying

Hazing means doing any act or coercing another, including the victim, to be any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person.
 
Throughout this policy the term bullying is used in place of harassment, intimidation and bullying.
 
"Bullying, harassment and intimidation" is an intentional written, verbal, electronic or physical act that a student has exhibited toward another particular student more than once. The intentional act also includes violence within a dating relationship. The behavior causes mental or physical harm to the other student and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for the other student. This behavior is prohibited on school property, m a school bus or at a school-sponsored activity. Students found responsible for harassment, intimidation or bullying by an electronic act may be suspended.
 
Permission, consent, or assumption of risk by an individual subjected to hazing, bullying and/or dating violence does not lessen the prohibition contained n this policy.
 
The District includes, within the health curriculum, age-appropriate instruction in dating violence prevention education in grades 7 to 12 This instruction includes recognizing warning signs of dating violence and the characteristics of healthy relationships.
 
Prohibited activities of any type, including those activities engaged in via computer and/or electronic communication devices or electronic means, are inconsistent with the educational process and are prohibited at all times. The District educates minors about appropriate online behavior including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.
 
No administrator, teacher or other employee of the District shall encourage, permit, condone or tolerate any hazing and/or bullying activities. No students, including leaders of student organizations, are permitted to plan, encourage or engage in hazing and/or bullying.
 
Administrators, teachers and all other District employees are particularly alert to possible conditions, circumstances or events which might include hazing, bullying and/or dating violence. If any of the prohibited behaviors are planned or discovered, involved students are informed by the discovering District employee of the prohibition contained in this policy and are required to end such activities immediately. All hazing, bullying and/or dating violence incidents are reported immediately to the principal/designee and the appropriate discipline administered.
 
The Superintendent/designee must provide the Board President with a semiannual written summary of all reported incidents and post the summary on the District's website, to the extent permitted by law.
 
The administration provides training on the District's hazing and bullying policy to District employees and volunteers who have direct contact with students. Additional training is provided to elementary employees in violence and substance abuse prevention and positive youth development.
 
District employees, students and volunteers have qualified civil immunity for damages arising from reporting an incident of hazing and/or bullying. Administrators, teachers, other employees and students who fail to abide by this policy may be subject to disciplinary action and may be liable for civil and criminal penalties in compliance with State and Federal law.

No one is permitted to retaliate against an employee or student because he/she files a grievance or assists or participates in an investigation, proceeding or hearing regarding the charge of hazing and/or bullying of an individual.
 
LEGAL REF.:   Children's Internet Protection Act; if7 USC 254 (h)(SXb)(iii);
(P.L. 106-554, HR 4577, 2000, 114 Stat 2763)
ORC 117.53
2307.44
2903.31
3301.22
3313.666; 3313.667
33 I9.073; 3319.321

CROSS REFS.: AC, Nondiscrimination
ACA, Nondiscriminationon the Basis of Sex
ACAA, Sexual Harassment EDE, Internet Safety
!GAE, Health Education JFC, Student Conduct
JFCEA, Gangs
JFCK, Personal Communication Devices and Emergency Contact of Students 
JG, Student Discipline
JHG, Child Abuse or Neglect
JO, Student Records Student Handbooks

The prohibition against hazing, dating violence, harassment, intimidation or bullying is publicized in student handbooks and in the publications that set the standard of conduct for schools and students in the District. In addition, information regarding the policy is incorporated into employee handbooks and training materials.
  
School Personnel Responsibilities and Complaint Procedure  s 
Hazing, bullying behavior, and/or dating violence by any student/school personnel in the District is strictly prohibited, and such conduct may result in disciplinary action, including suspension and/or expulsion from school. Hazing, bullying and/or dating violence means any intentional written, verbal, graphic or physical acts, including electronically transmitted acts, either overt or covert, by a student or group of students toward other students/school personnel with the intent to haze, harass, intimidate, injure, threaten, ridicule or humiliate. Such behaviors are prohibited on or immediately adjacent to school grounds, at any school-sponsored activity; in any District publication; through the use of any District-owned or operated communication tools, including but not limited to District e-mail accounts and/or computers; on school-provided transportation or at any official school bus stop.
 
Hazing, bullying, and/or dating violence can include many different behaviors. Examples of conduct that could constitute prohibited behaviors include, but are not limited to:
  1. physical violence and/or attacks;
  2. threats, taunts and intimidation through words and/or gestures;
  3.  e extortion, damage or stealing of money and/or possessions;
  4. exclusion from the peer group or spreading rumors;
  5. repetitive and hostile behavior with the intent to harm others through the use of information and communication technologies and other web-based/online sites(also known as cyberbullying"), such as the following:
    1. posting slurs on web sites, social networking sites, biogs or personal online journals;
    2. sending abusive or threatening e-mails, web site postings or comments and instant messages;
    3. using camera phones to take embarrassing photographs or videos of students and/or distributing or posting the photos or videos online; and 
    4. using websites, social networking sites, biogs or personal online journals, e-mails or instant messages to circulate gossip and rumors to other students; and
  6. excluding others from an online group by falsely reporting them for inappropriate language to Internet service providers.
In evaluating whether conduct constitutes hazing or bullying, special attention is paid to the words chosen or the actions taken, whether such conduct occurred in front of others or was communicated to others, how the perpetrator interacted with the victim and the motivation, either admitted or appropriately inferred.
 
Teachers and Other School Staff
Teachers and other school staff who witness acts of hazing, bullying and/or dating violence a; defined above, promptly notify the building principal/designee of the event observed, and promptly file a written incident report concerning the events witnessed.
 
Teachers and other school staff who receive student or parent reports of suspected hazing, bullying and or dating violence promptly notify the building principal/designee of such report(s). If the report is a formal, written complaint, the complaint is forwarded to the building principal/designee no later than the next school day. If the report is an informal complaint by a student that is received by a teacher or other professional employee, he/she prepares a written report of the informal complaint which is forwarded to the building principal/designee no later than the next school day.
 
Reporting Complaints
Formal Complaints: 
Students and/or their parents or guardians may file reports regarding suspected hazing, harassment, intimidation, bullying and/or dating violence. The reports should be written. Such written reports must be reasonably specific including person(s) involved; number of times and places of the alleged conduct; the target of suspected harassment, intimidation and/or bullying and the names of any potential student or staff witnesses. Such reports may be filed with any school staff member or administrator. They are promptly forwarded to the building principal/designee for review and action.

Informal Complaints: 
Students, parents or guardians and school personnel may make informal complaints of conduct that they consider to be harassment, intimidation, and/or bullying by verbal report to a teacher, school administrator or other school personnel. Such informal complaints must be reasonably specific as to the actions giving rise to the suspicion of hazing, harassment, intimidation and/or bullying, including person(s) involved, number of times and places of the alleged conduct, the target of the prohibited behavior(s) and the names of any potential student or staff witness. The school staff member or administrator who receives the informal complaint promptly documents the complaint in writing, including the above information. This written report by the school staff member and/or administrator is promptly forwarded to the building principal/designee for review and action.

Anonymous Complaints: 
Students who make informal complaints as set forth above may request that their name be maintained in confidence by the school staff member(s) and administrator(s) who receive the complaint. The anonymous complaint is reviewed and reasonable action is taken to address the situation, to the extent such action (I) does not disclose the source of the complaint, and (2) is consistent with the due process rights of the student(s) alleged to have committed acts of hazing, bullying, and/or dating violence. 

False Complaints: 
Students are prohibited from deliberately making false complaints of harassment, intimidation or bullying. Students found responsible for deliberately making false reports of harassment, intimidation or bullying may be subject to a full range of disciplinary consequences.

Intervention Strategies 
Teachers and Other School Staff: 
In addition to addressing both informal and formal complaints, school personnel are encouraged to address the issue of hazing, bullying and/or dating violence in other interactions with students. School personnel may find opportunities to educate students about harassment, hazing, intimidation and bullying and help eliminate such prohibited behaviors through cla$ discussions, counseling and reinforcement of socially appropriate behavior. 

School personnel should intervene promptly whenever they observe student conduct that has the purpose or effect of ridiculing, humiliating or intimidating another student/school personnel, even if such conduct does not meet the formal definition of harassment, hazing, intimidation or bullying.

Administrator Responsibilities
Investigations: 
The principal/designee is notified of any formal or informal complaint of suspected harassment, hazing, intimidation or bullying. Under the direction of the building principal/designee, all such complaints are investigated promptly. A written report of the investigation is prepared when the investigation is complete. 

The report includes findings of fact, a determination whether the acts of hazing, bullying and or dating violence were verified, and when prohibited acts are verified, a recommendation for intervention, including disciplinary action, is included in the report. Where appropriate, written witness statements are attached to the report.
 
Notwithstanding the foregoing, when a student making an informal complaint has requested anonymity, the investigation of such complaint is limited as is appropriate in view of the anonymity of the complaint. Such limitation of the investigation may include restricting action to a simple review of the complaint (with or without discussing it with the alleged perpetrator), subject to receipt of further information and/or the withdrawal by the complaining student of the condition that his/her report be anonymous.

When hazing and/or bullying is based on race, color, national origin, sex, or disability, and the behavior creates a hostile environment, the hazing and bullying investigation is suspended while the applicable nondiscrimination grievance procedures are implemented.

Nondisciplinary Interventions
When verified acts of hazing, bullying and/or dating violence are identified early and/or when such verified acts do not reasonably require a disciplinary response, students may be counseled as to the definition of the behavior, its prohibition and their duty to avoid any conduct that could be considered harassing, hazing, intimidating and/or bullying.
 
lf a complaint arises out of conflict between students or groups of students, peer mediation may be considered. Special care, however, is warranted in referring some cases to peer mediation. A power imbalance may make the process intimidating for the victim and therefore inappropriate. The victim's communication and assertiveness skills may be low and could be further eroded by fear resulting from past intimidation and fear of future intimidation. In such cases, the victim should be given additional support. Alternatively, peer mediation may be deemed inappropriate to address the concern.
 
Disciplinary Interventions
When acts of harassment, intimidation and bullying are verified and a disciplinary response is warranted, students are subject to the full range of disciplinary consequences. Anonymous complaints that are not otherwise verified, however, cannot provide the basis for disciplinary action.

In and out-of-school suspension may be imposed only after info1ming the accused perpetrator of the reasons for the proposed suspension and giving him/her an opportunity to explain the situation.
 
Expulsion may be imposed only after a hearing before the Board of Education, a committee of the Board or an impartial hearing officer designated by the Board of Education in accordance with Board policy. This consequence is reserved for serious incidents of harassment, intimidation or bullying and/or when past interventions have not been successful in eliminating prohibited behaviors.
 
Allegations of criminal misconduct are reported to law enforcement, and suspected child abuse is reported to Child Protective Services, per required timelines.
 
Report to the Parent or Guardian of the Perpetrator
If, after investigation, acts of harassment, intimidation and bullying by a specific student are verified, the building principal/designee notifies the custodial parent or guardian of the perpetrator, in writing, of that finding. If disciplinary consequences are imposed against such student, a description of such discipline is included in such notification.
 
Strategies are developed and implemented to protect students from new or additional harassment intimidation or bullying, and from retaliation following reporting of incidents.
 
Report to the Victim and His/Her Custodial Parent or Guardian 
If, after investigation, acts of bullying or hazing against a specific student are verified, the building principal/designee notifies the custodial parent/guardian of the victim of the finding. In providing such notification, care must be taken to respect the statutory privacy rights of the perpetrator.
 
Bullying matters, including the identity of both the charging party and the accused, are kept confidential to the extent possible. Although discipline may be imposed against the accused upon a finding of guilt, retaliation is prohibited.
 
School administrators shall notify both the custodial parents or guardians of a student who commits acts of harassment, intimidation, bullying and/or dating violence and the custodial parents or guardians of students against who such acts were committed, and shall allow access to any written reports pertaining to the incident, to the extent permitted by law.

Police and Child Protective Services
In addition to, or instead of, filing a complaint through this policy, a complainant may choose to exercise other options including, but not limited to, filing a complaint with outside agencies or filing a private lawsuit. Nothing prohibits a complainant from seeking redress under any other provision of the Ohio Revise Code or common law that may apply.

The District must also investigate incidents of hazing, bullying and/or dating violence for the purpose of determining whether there has been a violation of District policy or regulations, even if law enforcement and/or the public children's services are also investigating. All District personnel must cooperate with investigations by outside agencies. 
(Approved: June 11, 2013; Reviewed: January 12, 2015; Revised: January 9, 2017)
 

Nondiscrimination on the Basis of Sex/Sexual Harrasment

The U.S. Department of Education has published regulations for implementing Title TX of the Education Amendments of 1972, which prohibits sex discrimination in federally assisted education programs.
 
Title IX states, in part: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance."
 
The Board ensures compliance with Title IX of the Education Amendments of 1972 Title IV of the Civil Rights Act of 1964, and the regulations promulgated through the U.S. Department of Education.
 
All persons associated with the District, including, but not limited to, the Board, administration, staff, students, and third parties are expected to conduct themselves at all times so as to provide an atmosphere free from sex discrimination and sexual harassment. Sex discrimination and sexual harassment, whether verbal or nonverbal, occurring inside or outside of District buildings, on other District-owned property or at school-sponsored social functions/activities, is illegal and unacceptable and will not be tolerated. The District may have an obligation to investigate and/or respond to sexual harassment occurring off school grounds, when the harassment creates a hostile environment within the school setting. Any person who engages in sexual harassment while acting as a member of the school community is in violation of this policy.
 
The District takes measures to eliminate harassment, prevent its reoccurrence and address its effects, and will implement interim measures as deemed necessary.
 
Definition of Sexual Harassment: Unwelcome sexual advances, requests for sexual favors or other verbal, non-verbal, or physical conduct of a sexual nature may constitute sexual harassment when:
  1. submission to such conduct is made, either explicitly or implicitly, a term or condition of a person's employment or status in a class. educational program or activity:
  2. submission to, or rejection of, such conduct by an individual is used as the basis for employment or education decisions affecting such individual or
Sexual violence is a form of sex harassment and refers to physical sexual acts perpetrated against a person's will, or where a person is incapable of giving consent. Examples of sexual violence include but arc not limited to, rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
 
Sexual harassment includes gender-based harassment. which refers to unwelcome conduct based on an individual's actual or perceived sex (including harassment based on gender identity and nonconformity with sex stereotypes), and not necessarily involving conduct of a sexual nature.
 
Examples of sexual harassment-type conduct may include, but are not limited to, unwanted sexual advances; demands for sexual favors in exchange for favorable treatment or continued employment; grooming; repeated sexual jokes flirtations, advances or propositions: verbal abuse of a sexual nature; graphic verbal commentary relating to an individual's body, sexual prowess or sexual deficiencies; coerced sexual activities; any unwanted physical contact: sexually suggestive or obscene comments or gestures: or displays in the workplace of sexually suggestive or obscene objects or pictures. Whether any actor comment constitutes sexual harassment-type conduct is often dependent on the individual recipient. 

All of these types of harassment are considered forms of sex discrimination prohibited by Title IX.

The Board has developed informal and formal discrimination and harassment complaint procedures. The procedures provide for impartial investigation free from conflicts of interest. The Board also has identified disciplinary measures that may be imposed upon the offender. Nothing in this policy or procedure prevents an individual from pursuing action through State and/or Federal law, contacting law enforcement, or from filing a complaint with the United States Department of Education, Office of Civil Rights, the Ohio Civil Rights Commission or the equal Employment Opportunity Commission.
 
The Board designates the following individual to serve as the District'sTitle IX Coordinator:
 
Title: Carol Gottschling, Executive Director of Human Resources 
Address: 2601 Pole Avenue, Lorain, OH 44052 Phone: (440) 830-4010 

The Title IX Coordinator serves as the grievance officer and coordinates the District's efforts to comply with and carryout responsibilities under Title IX including any complaint under TitleIX He/She is vested with the authority and responsibility for investigating all sexual harassment complaints in accordance with the procedures set forth in the accompanying regulation and staff and student handbooks.
 
Confidentiality/Retaliation
Sexual harassment matters, including the identity of both the charging party and the accused, are kept confidential to the extent possible, consistent with the Board's legal obligations to investigate. Although discipline may be imposed against the accused upon a finding of guilt, the District prohibits retaliation for an individual's participation in, and/or initiation of a sex
discrimination/ sexual harassment complaint investigation, including instances where the complaint is not substantiated. The District takes reasonable steps to prevent retaliation and takes strong responsive action if retaliation occurs.

[Adoption Date: December 9, 1991; Revised March 4, 1996; April 26, 2004; J\Ule 27, 2013; January 9, 2017) LEGAL REFS.:   Civil Rights Act, Title VI; 42 USC 2000d et seq.
Civil rights Act, Title Vil; 42 USC 2000e et seq.
Education Amendments of 1972, Title IX; 20 USC 181 et seq. 
Executive Order 11246, as amended by Executive Order 11375 
Equal Pay Act 29 USC 206
Ohio Const Art. I, Section 2
ORC Chapter 4112
 
CROSS REFS:                 AC Nondiscrimination
GBA Equal Oppoltunity Employment
GBD, Bo ard-StaffCommunications (Also BG) GBH, Staff-Student Relations (Also BG)
IGDJ Interscholastic Athletics
JB, Equal Educational Opportunities
JFC, Student Conduct
JFCF Hazing and Bullying (Harassment, Intimidation and Dating Violence) 
JHG, Reporting Child Abuse
Staff Handbooks 
Student Handbooks

The Board has created informal and formal discrimination and harassment grievance procedures, providing for a prompt and impartial investigation free of conflicts of interest. All students and District employees are required to fully cooperate when asked to participate i1 an investigation.
 
Members of the school community and third parties are encouraged to promptly report incidents of sex discrimination or sexual harassment. Complaints may be filed with any District employee, or directly with the Title IX Coordinator. District employees are required to report these incidents to the Title IX Coordinator upon becoming aware of an incident, and
failure to do so may result in disciplinary action.
 
Complaints of sex discrimination or sexual harassment must be filed within 180 calendar days of the alleged incident, as delays in filing complaints can make it difficult to investigate. Both the informal and formal grievance procedures are completed within 60 days of the date the incident was reported to the Title IX Coordinator, unless extenuating circumstances exist. Periodic updates are made as appropriate during the investigation.

The Title IX Coordinator determines whether or not, by "a preponderance of the evidence," the alleged victim's allegations are true." A preponderance of the evidence" means that evidence must show the alleged discrimination/sexual harassment was more likely than not to have occurred.
 
Pending the final outcome of an informal or formal investigation, the District institutes interim measures to protect the alleged victim and informs him/her of available support services. Interim measures may include, but are not limited to: a District-enforced no contact order, schedule changes, academic modifications for the alleged victim, and/or school counseling for the alleged victim. These measures should ensure the alleged victim continues to have equal access to all education programs and activities and the safety of all students is protected.
 
If any of the named officials are the accused or are the alleged victim, the Board designates an alternate investigator and retains final decision-making authority.
 
All matters involving sexual harassment complaints remain confidential to the extent possible.
 
lnformal Procedure for Addressing Complaints
An informal grievance procedure can be used when the Title IX Coordinator deems it appropriate and/or when the parties involved (alleged victim and accused) agree that an informal process is appropriate and sufficient. The informal process is not used when the alleged discrimination or harassment may constitute sexual violence or any other criminal act.

The Title IX Coordinator gathers enough information during the informal process to understand and resolve the complaint. The Title IX Coordinator proposes an informal solution based on this fact-gathering process, which may include, but not be limited to: requiring the accused to undergo training on harassment/discrimination, requiring all students and staff to undergo such training, and instituting protective mechanisms for the alleged victim.
 
Either party has the right to terminate the informal procedure at any time and pursue a remedy under the formal grievance procedure.
 
Formal Procedure for Addressing Complaints
While the formal grievance procedure may serve as the first step toward the resolution of a charge of sex discrimination or sexual harassment, it also is available when the informal procedure fails to resolve the complaint.
 
Through the formal grievance procedure, the Title IX Coordinator attempts to resolve the complaint in the following way:
 
  1. The Title IX Coordinator promptly confers with the charging party/alleged victim in order to obtain a clear understanding of that party's statement of the alleged facts. The statement is put in writing by the Title IX Coordinator and signed by the charging party/alleged victim as a testament to the statement's accuracy.
  2. TheTitle IX Coordinator meets with the charged party in order to obtain his/her response to the complaint. The response is put in writing by the Title IX Coordinator and signed by the charged party as a testament to the statement's accuracy.
  3. The Title IXCoordinator holds as many meetings with the parties and witnesses (if any) as are necessary together facts. The dates of meetings and the facts gathered are all put in writing. The investigation is adequate, reliable, impartial and prompt, and allows both parties an equal opportunity to present witnesses and other evidence.
  4. At the conclusion of the investigation, the Title IX Coordinator prepares a written report summarizing: the evidence gathered during the investigation and whether the allegations were substantiated; whether any Board policies or student or employee codes of conduct were violated; any recommendations for corrective action. The investigation report indicates if any measures must be instituted to protect the alleged victim. Such measures may include, but are not limited to extending any interim measures taken during the investigation. The report also informs the alleged victim of available support services, which at a minimum includes offering school counseling services if the alleged victim is a student.
Notice of Outcome 
 
Both the alleged victim and the accused are provided written notice of the outcome of the complaint.

If either party disagrees with the decision of the Title IX Coordinator, he/she may appeal to the Superintendent. After reviewing the record made by the Title IX Coordinator, the Superintendent may attempt to gather further evidence necessary to decide the case and to determine appropriate action to be taken. The decision of the Superintendent is final.
 
Disciplinary Action
Any disciplinary action s carried out in accordance with Board policies, student and employee codes of conduct, State
and Federal law, and, when applicable, the negotiated agreement. When recommending discipline, the Title IX
Coordinator considers the totality of the circumstances involved, including the ages and maturity levels of those involved. The Title IX Coordinator and the Superintendent determine if a recommendation for expulsion for an accused student or discharge of an accused employee should be made. If this recommendation is made and a hearing is required, the hearing shall be held in accordance with Board policy, State law and/or the negotiated agreement. Both parties shall have an equal right to attend the hearing, have a representative and parent (if student) present, present evidence, and question witnesses.
(Approval date: June 27, 2013; January 9, 2017)
 
 
 

Unsafe Schools

The Board complies with State and Federal law in adopting a policy on persistently dangerous schools.
 
A student attending a "persistently dangerous" school in this District or who becomes a victim of a "violent criminal offense," "as determined by State law," anywhere on District "grounds" or during school-sponsored activities is allowed to attend another school in the District that is not persistently dangerous that offers instruction at the student's grade level. However, there is no transfer option if there is no other school in this District that offers instruction at the student's grade level.
 
A "persistently dangerous" school is defined by State law as a school that has two or more violent criminal offenses in or on school grounds, per 100 students, in each of two consecutive school years. In schools with 300 or fewer students enrolled, six or more violent criminal offenses must occur. Likewise, if a school has 1,350 or more students enrolled, 27 or more violent criminal offenses must occur in each of two consecutive school years.
 
"Violent criminal offense" refers to any set forth and defined in State law as violent in nature.
 
"As determined by State Law" means that the student has been identified as the victim and the perpetrator has pied guilty to, been adjudicated or convicted of a violent criminal offense, in an Ohio comt. "Grounds" includes school bus transportation to and from school and school-sponsored activities and designated bus stops.
 
[Adoption date: January 26, 2004; Revised: January  12, 2015]
 
LEGAL REF.:       The Elementary and Secondary Education Act; 20 USC 1221 et seq.
OAC 3301-35-02; 3301-35-04
 
CROSS REFS.: JECBD, Jntradistrict Open Enrollment
JFC, Student Conduct
JFCJ, Weapons in the Schools Student Handbooks

Internet Safety

Technology can greatly enhance the instructional program, as well as the efficiency of the District. The Board recognizes that careful planning is essential to insure successful, equitable and cost-effective implementation of technology-based materials, equipment, systems and networks.
 
Computers and use of the District network or online services support learning and enhance instruction, as well as assist in administration. For purposes of this policy computers include District-owned desktop computers, laptops, tablets and other mobile computing devices.
 
All computers are to be used in a responsible, efficient, ethical and legal manner. Failure to adhere to the policy and the guidelines below will result in the revocation of the user's access privilege.
 
Unacceptable uses of the computer/network include but are not limited to:
  1. violating the conditions of State and Federal law dealing with students and employees' rights to privacy, including unauthorized disclosure, use and dissemination of personal information;
  2. using profanity, obscenity or other language that may be offensive to another user or intended to harass, intimidate or bully other users;
  3. accessing personal social networking websites for non-educational purposes;
  4. re-posting (forwarding) personal communication without the author's prior consent;
  5. copying commercial software and/or other material in violation of copyright law;
  6. using the network for financial gain, for commercial activity or for any illegal activity;
  7. "hacking" or gaining unauthorized access to other computers or computer systems, or attempting to gain such unauthorized access;
  8.  accessing and/or viewing inappropriate material and;
  9. downloading and/or installation of any software.
The Superintendent or his/her designee shall develop a plan to address the short and long-term technology needs and provide for compatibility of resources among school sites, offices and other operations. As a basis of this plan, he/she shall examine and compare the costs and benefits of various resources and shall identify the blend of technology and level of service necessary to support the instructional program.
 
Because access to online services provides connections to other computer systems located all over the world, users (and parents of users under 18 years old) must understand that neither the school nor the District can control the content of the information available on these systems.

Some of the information available is controversial and sometimes offensive. The Board does not condone the use of such 
materials.

Employees, students and parents of students must be aware that the privileges to access online services are withdrawn from users who do not respect the rights of others or who do not follow the rules and regulations established. A user's agreement is signed to indicate the user's acknowledgment of the risks and regulations for computer/online services use. The District has implemented technology-blocking measures that protect against access by both adults and minors to visual depictions that are obscene, child pornography, or, with the respect to the use of computers by minor, harmful to minors. The District has also purchased monitoring devices that maintain a running log of internet activity, recording which sites a particular user has visited.
 
"Harmful to minors" is defined as any picture, image, graphic image file or other visual depiction that:
  1. taken a; a whole and with respect to minors appeals to a prurient interest in nudity, sex or excretion;
  2. depicts, describes or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts or a lewd exhibition of genitals and
  3. taken as a whole, lacks serious literary, artistic, political or scientific value as to minors
The District will educate minors about appropriate online behavior including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response. The Superintendent/designee will develop a program to educate students m these issues.
 
Annually, a student who wishes to have computer network and Internet access during the school year must read the acceptable use and Internet safety policy and submit a properly signed agreement form. Students and staff are asked to sign a new agreement each year after reviewing the policies and regulations of the District. These policies and regulations also apply to use of District-owned devices, or accessing the District intranet off district property.
 
[Adoption date: April 15, 1996; Revised: August 13, 2001; January 31, 2005; June 26, 2012;
Reviewed: October 2Z 2013; Revised: July 21, 2014)
 
LEGAL REFS.:       U.S. Const Art. l, Section 8
Family Educational Rights and Privacy Act; '.ll USC 1232g et seq. 
Children's Internet Protection Act; 47USC 254 (h)(5)(b)(iii); (PL . 106-554,HR.4577, 2000, 114 Stat 2763)
ORC 3313.20
3319.321

CROSS REFS.:        AC, Nondiscrimination
ACA, Nondiscrimination w the Basis of Sex 
ACAA, Sexual Harassment
GBCB, Staff Conduct
GBH, Staff-Studnet Relations (Also JM)
IB, Academic Freedom 
IIA, Instructional Materials 
IIBH, District Websites 
JFC, Student Conduct
JFCF, Hazing and Bullying (Harassment., Intimidation and Dating Violence) 
Staff Handbooks
Student Handbooks
 
The following guidelines and procedures shall be complied with by staff, students or community members who are specifically authorized to use the District's computers or online services.
  1. Use appropriate language. Do not use profanity, obscenity or other language that may be offensive to other users. illegal activities are strictly forbidden.
  2. Do not reveal your personal home address or phone number or those of other students or colleagues.
  3. Note that electronic mail (email) is not guaranteed to be private. Technology coordinators have access to all messages relating to or in support of illegal activities and such activities may be reported to the authorities.
  4. Use of the computer and/or network is not for financial gain or for any commercial or illegal activity.
  5. The network should not be used in such a way that it disrupts the use of the network by others.
  6. All communications and information accessible via the network should be assumed to be property of the District.
  7. Rules and regulations of online etiquette are subject to change by the administration.
  8. The user in whose name an online service account is issued is responsible for its proper use at all times. Users shall keep personal account numbers and passwords private. They shall use this system only under the account numbers issued by the District.
  9. The system shall be used only for purposes related to education or administration. Commercial, political and/or personal use of the system is strictly prohibited. The administration reserves the right to monitor any computer activity and online communications for improper use.
  10. Users shall not use the system to encourage the use of drugs, alcohol or tobacco nor shall they promote unethical practices or any activity prohibited by law or Board policy.
  11. Users shall not view, download or transmit material that is threatening, obscene, disruptive or sexually explicit or that could be construed as harassment, intimidation, bullying or disparagement of others based on their race, color, national origin, ancestry, citizenship status, sex, sexual orientation, age, disability, religion, economic status, military status, political beliefs or any other personal or physical characteristics.
  12. Copyrighted material may not be placed on 1he system without the author's permission.
  13. Vandalism results in the cancellation of user privileges. Vandalism includes uploading/downloading any inappropriate material, creating computer viruses and/or any malicious attempt to harm or destroy equipment or materials or the data of any other user.
  14. Users shall not read other users' mail or files; they shall not attempt to interfere with other users' ability to send or receive electronic mail, nor shall they attempt to read, delete, copy, modify or forge other users' mail.
  15. Users are expected to keep messages brief and use appropriate language.
  16. Users shall report any security problem or misuse of the network to the teacher, his/her immediate supervisor or building administrator.
(Approval date: July 21, 2014)
 
The following activities are, in general, prohibited. Under no circumstances is a student or employee of the District authorized to engage in any activity that is illegal under local, state, Federal or international law while utilizing District owned resources. The lists below are by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use.
  1. Any form of harassment or "cyber bullying" via email, telephone or paging, whether through language, frequency or size of messages.
  2. Unauthorized use, or forging, of email header information.
  3. Solicitation of email for any other email address, other than that of the poster's account, with the intent to harass or to collect replies.
  4. Creating or forwarding "chain letters," "Ponzi" or other "pyramid" schemes of any type.
Violations of this Policy will lead to progressive disciplinary steps consisting of written reprimands, suspension of day(s) without pay and termination. Discipline will be implemented by the Superintendent or his/her designee. Discipline may be instituted out of the above sequence depending upon the severity of the offense.

[Adoption date: April 9, 2008; Reviewed: October 22, 2013] CROSS REFS.: EDE, Internet Safety

CROSS REFS.: EDE, Internet Safety
IB, Academic Freedom
JFC, Student Conduct
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