Pupil Personnel

I. Pupil Personnel

A.    Registration and Attendance Š Any child residing in the Lebanon Special School District school system may attend the public schools of that zone, but must attend the school specified by that systemÕs zone unless otherwise approved by the Board of Education.

1.     A child entering kindergarten shall be no less than five years of age on or before September 30 of the current school term or December 31, if they transfer from another state. Children must attend kindergarten.

2.     A child entering the first grade shall be six years of age on or before September 30 of the current school year or December 31, if they transfer from another state.

3.     A child entering a special education program shall be no less than three years of age on or before September 30 of the current school year.

4.     Each child entering school for the first time shall present a valid birth certificate.

5.     A complete medical examination shall be required for every child entering school for the first time.

6.     Ages of compulsory attendance shall be six to eighteen inclusive.

7.     Children temporarily excused from the compulsory attendance laws are as follows (the local Board of Education shall be sole judge in all cases):

a.     Children mentally or physically incapacitated to perform school duties (such as disability attested by a licensed physician in all cases).

b.     Children temporarily excused from attendance in school under rules and regulations promulgated by the State Board of Education, shall not be in conflict with the TCA 50-703 or any other law governing child labor in this state.

c.     Children who have attained their fifteenth birthday and whose continued compulsory attendance, in the opinion of the Board of Education in charge of the school to which such children belong and are enrolled, results in detriment to good order and discipline and to the instruction of other students and is not of substantial benefit to such children, provided, that in all such cases, the Board of Education shall first obtain the recommendation in writing from the from the director said system and the principal of the school to which such child or children belong.

d.     Personal illnesses, which endanger a pupilÕs health or that of others. In cases of doubt concerning an absence, a statement from a doctor may be required.

e.     Severe illnesses in the home, which would necessitate absence of the child.

f.      Death in the immediate family.

g.     Special and recognized religious holidays.

Attendance & Tardy Policy

            Students are required by state law to be in school a majority of the day to be counted present. This means that during a regular day, the students must be at schools for 3 hours and 31 minutes. Please keep this in mind when planning early dismissals for your child.

            The law requires that school officials report to the juvenile court any student who is unlawfully absent from school excessively. In the state of Tennessee, that is defined as five days of unexcused absences in a school year. There are five reasons, which we consider to be excused absences/tardies. They are as follows:

1.     Personal Illness (a doctorÕs excuse may be required)

2.     Death in family

3.     Religious observance

4.     When unique opportunities for trips should occur, teachers should receive at least 2 weeks notice to prepare make-up work. The days missed will be counted as absences.

5.     Circumstances which, in judgment of the principal and/or designee, create emergencies over which the student has no control.

When a student is absent and returns to school, he/she must bring note signed by the parent to explain the absence. Otherwise, the absence will be considered unexcused. Unexcused absences will result in Ņ0ÕsÓ for the work missed during the absence. Students will excessive excused absences may be required to appear before the attendance board. If a student is absent for more than 3 consecutive school days or in excess of 5 days per six weeks, a doctorÕs note including diagnosis may be required.

 

Consequences for unexcused absences:

            5 days Š A letter will be sent to the parent notifying them that the student has 5 days of unexcused absences. The parent and the student will be required to appear before an attendance board which may include teachers, the attendance officer, guidance counselor, principal and/or designee, and possibly a law officer. The student and parent will sign a contract which will commit them to no more unexcused absences. Failure to appear before the board, or to comply with the contract, will result in automatic referral to the Juvenile Court. However, 5 days of unexcused absences constitutes a Juvenile Court referral if necessary.

 

Punctuality/Tardiness:

            Our school hours are from 7:55 AM to 3 PM. The first bus arrives at 7:10 AM. Students are not allowed in the building before this time, because there is no one to supervise the students. Car riders or walkers should not arrive at school until 7:10AM. Before school care is available at 6:30 AM at Sam Houston Elementary, Castle Height Upper Elementary, and Coles Ferry Elementary.

            Once students enter the building, they go directly to the commons area or the gym according to their principalÕs directions. They will be dismissed to the classrooms or to breakfast at 7:25/7:30 AM.

            Punctuality and dependability are values we hope to instill in our students. Parents who help their children learn to be responsible in these areas also help them set a pattern of behavior that will serve them well for work and social obligations as adults. Students are to be in the classroom before official school starting time (check with the individual school for the correct time.) Students who arrive after schoolÕs appropriate time should report to the office before going to their room so that we may correct the attendance records. Three unexcused tardy notices will result in parent and student having to appear before the school attendance board. They will sign a contract committing to arriving at school on time. (If they fail to appear, the student will automatically receive on day of inschool suspension.) If the tardy problems should continue, the student will receive one day of in-school suspension for every 3 unexcused tardies. (In-school suspension will apply at Castle Heights Upper Elementary and Walter J. Baird Middle School. The three primary schoolsÕ consequences will be determined by the building principal.)

            In addition to in-school suspension, the student will receive one day of unexcused absence for every three unexcused tardies. The attendance policy will then apply to these absences. Please see the attendance policy for consequences of unexcused absences.

            Parents will be notified when their child has in-school suspension for tardiness. If the problem continues, further disciplinary action will be taken. It is absolutely necessary that students be on time for school.

 

B.    Immunizations

1.     No child shall be permitted to enroll in grades K through eight of any school until proof of pupil immunization is presented to the principal except as listed below:

a.     Parents state in writing that immunization conflicts with religious tenets and practices of a well organized religious denomination whose teachings include reliance on prayer or spiritual means alone for healing, of which he/ she is an adherent member.

b.     Any immunization specified hereof shall not be required if a qualified physician shall certify that administration of such immunization would be in any manner harmful to the child involved.

C.    Communicable Diseases

No student with a communicable disease, which may endanger the health of either him/ herself or other individuals will enter or remain in the regular school setting. If a school principal has reason to believe that a student has a communicable disease, which may endanger the health of either him/ herself or other individuals in the regular school setting, the principal shall:

1.     Assign the student to a setting that will protect other students, employees, and the student him/ herself or;

2.     Exclude the student from school until certification is obtained from a physician or the County Health Department by either the parent or principal stating that the student is no longer communicable.

If the principal has reason to believe that the student has a long-term communicable disease, the principal must require confirmation from a physician or the County Health Department as to the studentÕs condition. If the student is confirmed to having a long-term communicable disease, the principal shall refer the student for special educational services.

The principal may request further examinations be conducted by a physician or County Health Department and may request periodic re-examinations after the student has been re-admitted to the school.

Expenses incurred from examination requested by school officials shall be paid by the Board of Education.

The names of all students excluded from school under this policy will be forwarded to the office of the Director of Schools.

D.   Notifiable Diseases

The following diseases and conditions are declared to be communicable and/ or dangerous to the public and are to be reported to the local health officer or local health department by all physicians and other persons knowing of or suspecting a case in accordance with the provision of the statutes and regulations governing the control of communicable diseases in Tennessee. The diseases listed include, but are not limited to the following:

1.     Acquired Immune Deficiency Syndrome (AIDS)

2.     Measles

3.     Rubella

4.     Mumps

5.     Infectious hepatitis

6.     Chicken pox

7.     Pediculosis

8.     Scabies

9.     Contagious conjunctivitis (pink eye)

10.  Diphtheria

11.  Tuberculosis (all forms)

E.    No student is to be denied an education solely by reason of a communicable disease and his/ her educational program shall be restricted only to the extent necessary to minimize the risk of transmitting the disease.

F.    Parents and/ or guardians of infected students shall inform appropriate school officials of the infection so that proper precautions for the protection of other students, employees, and the infected student shall be taken.

G.   Pupil placement

1.     In schools in the Lebanon Special School District, children will be drawn by teachers for placement in the classroom except for special groups, which will be placed by the principal.

2.     A child who is repeating a grade may have a choice of teacher in that grade.

H.   Pupil Instruction

It is the intention of the Lebanon Special School District Board that its schools will help students achieve a maximum development of individual knowledge, skills and competence, and learn behavior patterns which will enable them to be responsible, contributing members of society.

1.     The basis for consideration of promotion or retention of a pupil will be his/ her total evaluation and adjustment, rather than academic achievement alone. This will include such factors as age, social development, emotional adjustments, physical development, and academic achievement. Teachers shall try to place him/ her where it appears that he/ she will make the most satisfactory adjustment and progress.

2.     In the case of failing work being done by a child, the parents shall be informed early so that the school and home may cooperate in helping him/ her improve.

3.     Pupils who are unable to make satisfactory progress should be retained in the early primary grades. Our goal is reasonable achievement for all pupils before they leave the third grade.

4.     A pupil may be retained at any grade level and should be retained if it is deemed to be in the best interest of the child.

5.     The responsibility for the decision of the promotion or retention lies entirely with the school. The teachers, however, should confer with the parents regularly concerning any child who is having difficulty and should inform them early of the likelihood of the need for him/ her to have an extra year of work. The report card grades should also verify this; that is, show the lower level on which he/ she works and any grades below average and the unsatisfactory level.

6.     In general, no child should be more than two years removed from his/ her age group. In case of children who are greatly challenged mentally, exceptions may be made on the basis of a decision made by the teacher, principal, supervisor, and the director.

7.     In the event that promotion is doubtful, the final decision shall be made by the teachers, principal, supervisor, and the director (Public Acts C. 115, Sec. 8).

8.     When the final decision concerning promotion has been made, the teacher shall have the complete support of the principal, the supervisor, and the director.

9.     Any special promotion or placement shall be done at the decision of the teacher, principal, supervisor, and the director.

I.      Expulsion

1.     Special education students are exempt from this policy.

2.     Students who are guilty of serious misconduct and who have seriously interfered with the opportunity of other students to carry on their learning activities or who constantly violate duly adopted local school or school board policy, may be recommended to the school board for expulsion from all schools in the district pursuant to the following procedures:

a.     The principal of the school shall immediately notify the parents or legal guardians that the child is suspended from school for serious misconduct or violation of duly adopted school and/ or school board policy. The principal of the school will then recommend to the director of schools that the student be placed on continuous suspension until such time as the Board of Education shall hear said case.

b.     The director of schools will review the recommendation of the principal and if there appears to be cause for dismissal, he/ she shall set a hearing date at the earliest practical time.

c.     A written notice shall be delivered by certified mail to the parents or legal guardian of the child outlining the time and place of the administrative hearing. In addition, a complete statement of charges against the student will be made a part of the notice.

d.     Parents will be advised that the purpose of the hearing is to provide the school board an opportunity to hear both sides in considerable detail and allow the student to produce his/ her defense Š either by oral testimony or affidavit, from witnesses; that the student may be accompanied by his/ her parents or legal guardian or legal counsel, and that cross examination of witnesses shall be permitted.

e.     After said hearing, the Board of Education may order re-admittance of the student to the school upon such terms and conditions as it deems reasonable, or suspend the pupil for a definite or indefinite period of time, or expel or exclude said student from the school system.

J.     Corporal Punishment Š The following regulations shall apply to the use of corporal punishment:

1.     Corporal punishment should be administered only in extreme cases, and then only with the teacher and principal agreeing that such punishment is necessary.

2.     A student may be given a choice of either corporal punishment or another disciplinary measure as the teacher or principal deems appropriate.

3.     When administered, corporal punishment is to be done humanely, by the teacher or principal, in the presence of another member of the faculty. Punishment in no cases shall be administered in the presence of peers.

4.     Corporal punishment shall be administered by striking student with an open hand or an appropriate wooden paddle across the buttocks and in no other manner.

5.     The number of contacts with the paddle shall not exceed four.

6.     Corporal punishment must be appropriate for the misbehavior being punished.

7.     Corporal punishment is not to be administered in anger.

8.     The building principal may require that all corporal punishment be administered in his/ her office.

9.     All cases of corporal punishment will be immediately reported to the principal in writing. Such reports will contain full details, date, pupil name, and cause of punishment, administration and result. Principals are to enforce this literally. A copy of this report shall remain in the office of the principal for two years.

10.   Corporal punishment is not to be confused with self-defense upon the part of the teacher. Self-defense may take whatever form is necessary and appropriate.

11.  The use of physical force to seat a student or to separate a student involved in a fight is not to be construed as corporal punishment.

12.  Parents who object to corporal punishment should notify in writing the principal at that school.

K.   Cooperation with Law Enforcement Officers

School officials will cooperate with law enforcement officers who come to the school for the purpose of questioning or taking into custody pupils who are enrolled in the Lebanon Special School District. This cooperative relationship will be governed by procedures designated to protect the legal rights of each individual.

1.     Procedures

a.     A law enforcement officer shall first contact the building principal or a designated representative prior to contacting the pupil regardless of whether the pupil is in the school building or any other part of the school campus.

b.     The principal shall determine the exact purpose of the officerÕs presence and will obtain identification of the officer, recording his/ her name and identification number and if available, the case number of the incident being investigated.

c.     It is the principalÕs responsibility to know and understand the difference between an interview and an interrogation. It is permissible for law enforcement personnel to interview or gather facts from a pupil without parental involvement or notice. It is incumbent that school personnel make a reasonable effort to contact a parent or guardian when a pupil is being interrogated or taken into custody.

d.     The principal shall call the pupil to be interviewed to the office. The principal will inform the pupil of the officerÕs presence and will encourage, but not require a pupil to talk with the officer.

e.     The law enforcement official will conduct the interview in a private office or room and in the presence of the principal or his/ her designated representative, unless a parent or guardian is present.

f.      The law enforcement official will be responsible for informing the pupil of his/ her rights and privileges under the law before interrogation. At this point, it is incumbent of the principal or his/ her representative to make every reasonable effort to contact the parent or guardian of the pupil. In the absence of the parent during an interrogation, an administrator shall be present to insure that the student is aware of his/ her rights.

g.     Whenever it is deemed necessary by law enforcement officials for a pupil to be taken into custody and removed from the school premises without a successful effort to contact a parent, it is incumbent on the principal to contact a parent as soon as possible and inform them of the action taken.

h.     When a pupil is removed from the school, by a law enforcement officer, the principal shall outline the events in a written statement and it shall be kept on file.

L.    Student Records

A cumulative record shall be maintained for each student. This record shall contain only verified information of recognized importance and may be used only for the benefit or welfare of the student. It shall be directly accessible only to the professional staff, the student, and his/ her parents or guardian.

1.     Access to records is as follows:

a.     The security and privacy of the cumulative folder shall be preserved.

b.     Members of the professional staff shall have access to the file of a student for the studentÕs legitimate educational interest.

c.     A student or former student shall be permitted to examine the contents of his/ her cumulative folder in the presence of a teacher, counselor, or administrator. A childÕs parent or guardian shall have the same right while the child is a student of the school.

d.     Data from the cumulative file may be released without student or parent consent to the professional staff of the Lebanon Special School District Board of Education or to the State Department of Education.

e.     The school may provide anonymous data from its record including the cumulative folder for research purposes without consent under conditions where the likelihood of identifying an individual is negligible.

f.      Except as specified above, no information contained in the cumulative folder may be divulged except:

į      With written consent of the student or his/ her parents specifying the record to be released, to whom and the purpose for which the release is authorized.

į      In compliance with a judicial order. Parents and/ or students shall be notified on all such orders and the schoolÕs compliance.

M.  Drug Use

The schools are responsible for maintaining an environment in which students are protected from drugs and drug related activities. All laws regarding the sale, possession, dispensing and/ or use of drugs shall be enforced fully. These rules apply to anyone in the school building, on school grounds, or at a school function. The cause of students taking illegal drugs of any kind should be eliminated. However, since this is an impossible task for the schools alone, the problem at school will be attacked by the following methods:

1.     Each school shall provide drug education films, pamphlets, charts, and other available materials to aid in the drug education of each student.

2.     The following announcement shall be given to each student at the beginning of the school year:

The Board of Education, the director of schools, principals, and teachers request your help in establishing preventative methods for the purpose of eliminating drugs in our schools. We know that you are willing to assist us in helping to make your school Ņdrug freeÓ.

It is our intention to deal firmly with offenders. Any student caught will illegal drugs or using illegal drugs (including alcohol) faces possible suspension or expulsion from school. Education is an opportunity to learn and reach oneÕs full capability. Drugs have no place on the school campus.

It is against the Lebanon Special School District Board of Education policy for any student to possess, sell, furnish, or barter any illegal drugs on school property or during any school related activity. The violator is also subject to existing county, state, and federal narcotic and legend drug laws.

N.   Child Abuse and Child Neglect

In 1973, the legislature of the State of Tennessee enacted a law to protect children from abuse and/ or neglect. In 1977, the law was further strengthened.

 

1.     Abuse Defined

Child abuse is any condition injurious to the physical or emotional health of a child under the age of eighteen that has been inflicted by parents, guardian, or other caretakers. There are several categories of abuse:

a.     Physical abuse can be defined as non-accidental injuries that cause bruises, lesions, or any other injury that requires medical attention.

b.     Emotional abuse can be defined as abandonment, unreasonable confinement to the home, terrorizing, berating, rejection, or name-calling.

c.     Sexual abuse can be defined as molestation or exploitation.

2.     Neglect Defined

Child neglect is a condition in which parents or other caretakers either deliberately or by inattention fail to provide adequately for the childÕs physical, intellectual, or emotional needs. Neglect can involve denial of nutrition, clothing, or shelter. Also included may be overwork, lack of supervision, failure to provide necessary medical treatment, or a failure to discourage truancy.

3.     Responsibility for Reporting

In order to comply with Chapter 12, of Title 37, TCA, it is the policy of the Board of Education of the Lebanon Special School District System that any employee who knows or reasonably suspects that a childÕs health or welfare has been, or appears to have been harmed as a result of abuse or neglect should be reported to the Department of Human Services. The principal or assistant principal has the responsibility to insure that the case has been duly reported if and when it is brought to his/ her attention by that employee.

4.     Immunity from Civil and Criminal Liability

Chapter 12, of Title 37, TCA, states that a Ņperson reporting shall be presumed to be acting in good faith and shall be immune from any liability civil or criminal, that might otherwise be incurred or imposed for such action.Ó

The law says that employees cannot be disciplined for reporting child abuse. If disciplinary action were to be taken against the employee, that person would be able to sue for compensatory or punitive damages.

If an employee reports suspected abuse or neglect, but investigation proves that the employee is in error, the law states that the employee cannot be held liable. The employee is considered to be acting in good faith, and as a result, is immune form any liability.

5.     Penalties for Failure to Report Child Abuse and/ or Neglect

Chapter 12, Title 37, TCA states, Ņany person who knowingly fails to make a report is guilty of a misdemeanor and upon conviction, may be fined not more than fifty dollars or imprisoned for not more than three months or both.Ó

Failure to report child abuse/ neglect could result in a law suit with the possibility of substantial damages if it can proven that the school employee had prior knowledge or suspect of abuse or neglect which, if reported, might have prevented further injuries to the child.

6.     Proving Child Abuse and/ or Neglect

The Tennessee Department of Human Services and the Juvenile Court of Wilson County have the responsibility to prove neglect or abuse and to take whatever action is necessary.

It is not the responsibility of the school board employee to prove that the child has been abused or neglected or to determine whether the child is in need of protection.

School employees should not make contact with the childÕs parents or other persons related to the child for determining the cause of injury and/ or apparent neglect.

Employees should not pressure the child to determine facts surrounding suspected abuse or neglect. School board personnel should never conduct a formal interview. However, school employees should carefully note any information volunteered by the student. Formal interviewing of the student is the responsibility of the Department of Human Services.

 

7.     Cooperation with Human Services

 In cases of suspected abuse or neglect, the law requires the school system to provide all school records to the Tennessee Department of Human Services. Parental permission is unnecessary. The Family Educational Rights and Privacy Acts make exceptions for information that involves health or safety.

8.     Reporting Procedures

Chapter 12, Title 37, TCA, requires that any school board employee who knows of a child under the age of eighteen who has been injured or is suspected of injury physically or emotionally must immediately report all information to the Tennessee Department of Human Services.

9.     Confidentiality of Information

 The law safeguards the confidentiality of the employeeÕs report. The juvenile court may find it necessary for an employee to testify in order to indict or convict. Child abuse cases frequently do not come to trial: the agencies involved frequently determine that the child and his family are best served by helping rather than punitive action.

O.   Survey of Students

Surveys for research purposes shall be allowed by the Board when the project is viewed as contributory to greater understanding of the teaching-learning process, the project does not violate the goals of the Board, and the disruption of the regular school program is kept to a minimal. Surveys conducted for agencies, organizations, or individuals must have recommendation of the director of the schools and the approval of the Board as to content and purpose. The director of the schools shall develop administrative procedures for approving requests for conducting surveys. The requests shall outline what is to be done, who is to be involved, and how the results will be used and distributed.

Parents shall have the right to inspect all instructional material that will be used for a survey, analysis, or evaluation as part of a federal program. No student may, without parental consent, take part in a survey, analysis, or evaluation that reveals information covering:

1.     Political affiliations

2.     Potentially embarrassing psychological problems

3.     Sex behavior or attitudes

4.     Anti-social and demeaning behavior

5.     Critical appraisals of family members

6.     Legally privileged relationships

7.     Income

P.    Student Social Services

Each school shall provide a social service program for all students through the cooperative efforts of the principal, teachers, and guidance counselor.

The principal shall develop a program of social services, which shall include such services and activities:

1.     Orientation of parents and students to the school program;

2.     Student referral and/ or welfare provisions;

3.     Collection and maintenance of student data and record systems;

4.     Educational information for use by students, parents, and teachers;

5.     Conflict resolution techniques; and

6.     Referral information and/ or outlets for referral for drug abuse counseling, pregnancy counseling, and psychological services

The classroom teacher, because of close contacts with school administrators are authorized to work with recognized groups who may furnish special services to students.

    1. Student Guidance Program

Each school shall provide a guidance program for all students through cooperative efforts of the principal, teachers, and guidance counselor.

The program of guidance services shall include such services and activities as:

1.     Orientation of parents and students to the school program

2.     School counseling curriculum through structured groups and classroom presentations

3.     Individual counseling and consultations based on student referrals from teachers, parents, and students

4.     Student program planning and placement

5.     Educational and occupational information for use by students, parents, and teachers

The classroom teacher, because of close contacts with the student, shall be a key person in the guidance program.

School administrators are authorized to work with recognized groups who may furnish special services to students.

R.    Student Fees and Fines

1.     School fees are defined as follows:

a.     Fees for activities that occur during regular school hours, including field trips;

b.     Fees for activities and supplies required to participate in all courses offered for credit or grades;

c.     Equipment and supplies required to participate in interscholastic athletics and marching band, if taken for credit;

d.     Fees or tuition for courses taken for credit or grade during summer school;

e.     Fees for a copy of the studentÕs records; and

f.      Refundable deposits for locks or other security devices required for protection of school property when used in conjunction with courses taken for credit or grade.

2. School fees are not:

a.     Fines for overdue library books;

b.     Fines for the abuse of school parking privileges and other school rules developed for the safe and efficient operation of the schools;

c.     Charges for lost, damaged, or destroyed textbooks, library books, workbooks, or other school property;

d.     Charges for debts owed to the school;

e.     Refundable deposits for locks or other security devices required for protection of school property when used in not-for-credit extra curricular activities;

f.      Cost to participate in not-for-credit extra curricular activities, including athletics; and

g.     No fee will be charged any student as a condition to attending school, but students shall be responsible for normal school supplies, such as pencils and paper.

School fees shall be waived for students who receive free or reduced-price school lunches. The application for determining eligibility for free or reduced-price lunches or a form supplied by the State Department of Education shall be used to verify student eligibility for fee waivers.

At the beginning of the school year, each principal shall be responsible for providing to all students and their parents or guardians written notice of the required student fees and the process for fee waiver for students who receive free or reduced-price lunches. The parent or guardian of an eligible student must sign the appropriate application for free or reduced-price lunches and the waiver of school fees, but may pay for all or a portion of the school fees.

Written notice of approval or denial of request for fee waivers shall be provided to all parents or guardians. Any denial shall contain specific grounds for denial and an opportunity for the parent or guardian to meet with appropriate school personnel.

Persons collecting fees shall be provided a list containing only the names of those students eligible for waivers and for whom they are responsible for collecting fees. Any records relating to this program, which identify particular students, shall be maintained in strictest confidence.

Prior to the beginning of each school year, the Board, upon the recommendation of the director, shall approve all student fees for the upcoming school year. Additional fees may be approved during the year as needed.

The director shall be responsible for maintaining copies of all correspondence relating to this program.

No employee may charge a student for any service rendered on the school premises. Tutoring oneÕs own student for pay is prohibited.

3.     Fines

Students who destroy, damage, or lose school property, including but not limited to buildings, school buses, bus equipment, and records, will be responsible for the actual cost of repairing or replacing such materials or equipment.

The grades, grade cards, diploma or transcript of a student who is responsible for vandalism or theft or who has otherwise incurred a debt to a school may be held until the student or the studentÕs parent/ guardian has paid for the damages. When the student and parent are unable to pay the debt, the district shall provide a program of voluntary work for the minor. Upon completion of the work, the studentÕs grades, diploma, and/ or transcripts shall be released. Such sanctions shall not be imposed if the student is not at fault.

Failure to remit the cost of replacing or repairing such materials or to make satisfactory arrangements with administration for payment may result in the suspension of the student. If payment is not remitted, the matter will be referred to the Board for final decision. 

Textbooks are available free to students as a loan. Parents will accept full responsibility for the proper care, preservation, return, or replacement of textbooks issued to the student. The condition of each book and a book number shall be recorded by the issuing teacher.

Fines may be assessed for overdue, damaged, or lost library books. In no event will the fine exceed the current cost of replacing the book.

The life of the book is considered to be six years. Charges for lost books will be the remaining life of the book. Damaged fines will be based on the wear beyond that normally expected for one year. For one yearÕs wear, there will be no charge.

 

    1. Major Violations and Misconduct Subject to Zero Tolerance Policy

The director of schools shall have the authority to modify this suspension requirement on a case-by-case basis. Zero-tolerance acts are as follows:

1.     Students who bring or unlawfully possess a drug or a dangerous weapon onto a school bus, onto school property or to any school event or activity.

2.     Any student who while on a school bus, on school property, or while attending any school event or activity:

a.     Unlawfully possesses a drug or dangerous weapon; or

b.     Commits battery on a teacher, or other employee of the school

T.    Major Violations and Misconduct Subject to Disciplinary Action

Actions under this policy shall include, but are not limited to the following:

1.     Profane or obscene language directed against another person.

2.     Disrespect towards any school employee including the bus drivers.

3.     Fighting.

4.     Assault and battery against another student or threatening another student with bodily harm.

5.     Extortion (threatening harm to get money or property, or to force another act against his/ her will).

6.     Bomb threats (and other similar threats).

7.     Inciting other students to disorder or violations of rules.

8.     Sexual harassment towards any student or school employee.

9.     Robbery by force.

10.  Stealing.

11.  Misuse or destruction of school property, including buses.

12.  Arson (willful and malicious burning of school property).

13.  Activating fire extinguishers or alarms.

14.  Disruptive behavior in classroom, other parts of school, on school bus, or school-sponsored functions.

15.  Refusing to comply with lawful directions or order from school board employee.

16.  Using tobacco in school.

17.  Gambling.

18.  Truancy.

19.  Excessive tardiness.

20.  Inappropriate display of affection.

21.  Inappropriate dress, particularly the wearing of gang or hate group clothing.

22.  Other reasonable rules (established by teachers and principals) of which students are given prior notice.

U.    As other laws regarding discipline are enacted by the legislature, they will be     incorporated in Lebanon Special School DistrictÕs regulations and policies.

Possible Disciplinary Actions may include, but are not limited to:

1.     Moderate Corrective Measures

Initial disciplinary actions may include in-school counseling, parent contact and conference, or work assignment before or after school. Subsequent offenses may result in probation, detention (at appropriate time), or in-school suspension.

When positive efforts have not succeeded in correcting negative behavior of a student, other corrective measures are authorized, including corporal punishment, suspension, and exclusion.

2.     Corporal Punishment

Corporal punishment may be administered by the principal, assistant or associate principal, or by professional employee, according to provisions of the Lebanon Special School District Board Policy. Corporal punishment is administered:

a.     Only after more positive actions have been taken

b.     Privately in the presence of a witness

c.     In a manner which is not degrading or embarrassing to the student being disciplined

d.     Humanely, with reasonable restraint, and never in anger

e.     So that no part of the head or face is struck

Parental objection, medical statement, or statement by a psychological examiner indicating the possibility of risk to a studentÕs well-being may be filed with the school at any time within a given school year. The objection will be honored.

3.     Suspension

Suspension of a student is denial of admittance to school grounds or activities until agreement is reached in conference with the parent, at which time permission is given for re-admittance. The principal or his/ her designee is authorized to suspend a student from attending school or any school-sponsored activity, and also to suspend a student from riding a school bus. Suspensions may be given for the following reasons:

a.     To impress upon the student the consequences of negative behavior, and to involve the parent in helping to change such behavior

b.     To allow a period for reflection by the student, to protect the safety and well-being of the student or others with whom he/ she is in contact

c.     To permit a student to remain at home until psychological and/ or medical examination can be arranged to assist educational planning in the best interest of the student

4.     Exclusion

Exclusion of a student is denial of enrollment in any school system of the school system for a period not to exceed one school year, except in violation of the Gun-Free Schools Act in which the student is subject to a period of not less than one year.

The Board of Education may exclude a student on the recommendation of the school principal and director.

After consulting school staff members, parents and other persons who can offer advice about appropriate plans for the student, the principal may complete a recommendation for exclusion and forward it to the director. The parent(s) and/ or guardian (s) will be notified of the action, and have an opportunity to reply if they wish.

 

V. Searches

1. Search of Lockers Š School lockers and desks, which have been assigned to a

student, are and will remain school property. They may be inspected at any time by school officials. The search may be in the studentÕs presence or in the presence of other members of the faculty.

2. Search of Persons Š In an emergency situation where a student has used or     displayed a dangerous weapon or drug, the principal may conduct a search as is necessary under the circumstances, including search of the studentÕs person, to locate and recover such dangerous weapon or drug before any student can be harmed.

3. Search of Containers Š In other situations, a studentÕs pockets, purses, or other container may be required to be emptied if a search of a locker or other area used for storage by the student has disclosed the presence of a dangerous weapon or drugs. If it seems probable to a principal, from the results of a locker search or from information received from a teacher, staff member, or other student, that a particular student has a dangerous weapon or drug concealed on his person, he/ she shall be subject to physical search.

4. Search of Vehicle Š If, as an accommodation to studentÕs parking spaces or facilities are provided for studentÕs use or parking by students is allowed on school property, then as a condition to such parking privilege, vehicles owned, operated, or used by such students and parked on school property shall be subject to search for dangerous weapons or drugs if the student is otherwise found to be in possession of a dangerous weapon or drug through a search authorized under this part and there is reasonable cause to believe that dangerous weapons or drugs may be in a vehicle owned or operated by that student, or in which that student carried as a passenger, and such vehicle is located on school property.

5. Report of Probable Cause by Principal to Law Enforcement Officer Š It shall be the duty of the principal of a school who has probable cause to believe, either as a result of a search or otherwise, that any student is committing or has committed any violation of 30-4901, or 52, 1498-52-1448 upon the school ground or within any school building or structure under his supervision to report such probable cause to the appropriate law enforcement officer.

6. How Parents Can Help With Discipline Š Parents take an interest in all aspects of the studentÕs life in school or away from school. Each parent is responsible for the studentÕs behavior in school, and is asked to work cooperatively with the school staff to maintain good relationships. Parents are asked to help in the following ways:

į      To take initiative in learning school rules for good behavior and to help the school in making clear to the student the behavior expected of him/ her.

į      To communicate with the school personnel to be sure the student is adjusting to school regulations and maintaining acceptable behavior.

į      To take every opportunity to visit the school, to talk to school personnel, and to get first-hand information concerning the studentÕs progress in each area of his/ her school life.

į      To respond promptly to the schoolÕs request for parent/ staff conferences, and to examine all details of any problem or situation in which the student is concerned.

į      To exchange telephone numbers with the staff members for quick assistance with problem or questions

į      To assist the school in deciding and reinforcing suggested remedies to identified problems.

V.    Discrimination/ Harassment of Students (sexual, racial, ethic, religious)

Students shall be provided a learning environment free from sexual, racial, ethnic, and religious discrimination/ harassment. It shall be a violation of this policy for any employee or any student to discriminate against or harass a student through disparaging conduct or communication that is sexual, racial, ethnic, or religious in nature. The following guidelines are set forth to protect students from discrimination/ harassment.

Student discrimination/ harassment will not be tolerated. Discrimination/ harassment is defined as conduct, advances, gestures, or words either written or spoken of a sexual, racial, ethnic, or religious nature:

1.     Unreasonable interference with the studentÕs work or educational opportunities; or

2.     Create an intimidating, hostile, or offensive learning environment; or

3.     Imply that submission to or rejection of such conduct will be used as a basis for determining the studentÕs grades and/ or participation in a student activity.

Alleged victims of sexual, racial, ethnic, and religious discrimination/ harassment shall report these instances immediately to a teacher, counselor, or building administrator. Allegations of discrimination/ harassment shall be fully investigated by a complaint manager.

The privacy and anonymity of all parties and witnesses to complaints will be respected. However, because an individualÕs need for confidentiality must be balanced with the obligations to cooperate with police investigations or legal proceedings, to provide due process to the accused, to conduct a thorough investigation or to take necessary action to resolve a complaint, the identity of parties and witnesses may be disclosed in appropriate circumstances to individuals with a need to know.

A substantiated charge against an employee shall result in disciplinary action up to and including termination. A substantiated charge against a student may result in corrective or disciplinary action up to and including suspension.

There will be no retaliation against any person who reports harassment or participates in an investigation. However, any employee who refuses to cooperate or gives false information during the course of any investigation may be subject to disciplinary actions. The willful filing of a false report will itself be considered harassment and will be treated as such.

An employee disciplined fir violations of this policy may appeal the decision by contacting the Federal Rights Coordinator or the Director of Schools. Any student disciplined for violation of this policy may appeal the decision in accordance with disciplinary policies and procedures

This policy shall be published in the parent/ student handbook distributed annually to every student. This policy shall also be posted in obvious paces throughout the school. Building administrator is responsible for educating and training their respective staff and students as to the nature, definition, and recognition of discrimination/ harassment.

X. Grievance Procedure to Comply with Title IX of the Federal Education Amendment of 1972 Š The Lebanon Special School District Board of Education is making every effort to comply with implementing Title VI, Title IX, and Section 504 prohibiting discrimination on the basis of race, color, national origin, sex, or handicap. The following procedure is established by which a student, or the parent or legal guardian acting on behalf of a student may seek relief from an alleged wrong due to discrimination.

1.     Filing a complaint Š Any student of this school district who wishes to file a discrimination/ harassment complaint against another student or an employee of the district may file a written or oral (recorded, if possible) complaint with a complaint manager. Students may also report an allegation of discrimination/ harassment to any teacher or other adult employed in the school who shall inform a complaint manager of the allegation. The complaint should include the following information:

a.     Identity of the alleged victim and person accused.

b.     Location, date, time, and circumstances surrounding the incident.

c.     Identity of the witness.

d.     Any other evidence available.

2.     Investigation Š Within twenty-four hours of receiving the studentÕs complaint, the complaint manager shall notify the complaining studentÕs parent/ guardian and the principal who shall inform the director of schools. The parent/ guardian shall be given notice of the right to attend an interview of the student in a non-intimidating environment in order to elicit full disclosure of the studentÕs allegations. This interview shall take place within five business days from the time the complaint was filed. If no parent/ guardian attends the interview, another adult, mutually agreed upon by both the student and the complaint manager, shall attend and may serve as the studentÕs advocate. After a complete investigation not to exceed five working days, if the allegations are substantiated, immediate and appropriate corrective or disciplinary action shall be initiated. The complaint and identity of the complainant will not be disclosed (1) as required by law or this policy, (2) as necessary to fully investigate the complaint, or (3) as authorized by the complainant. A school representative will meet with and advise the complainant regarding the findings, and whether corrective measures and/ or disciplinary action was taken. The investigation and response to the complaint will be completed within thirty school days. Copies of the report will be sent home to the student, principal, Federal Rights Coordinator, and the director of schools. One copy shall be kept in the complaint managerÕs file for one year beyond the studentÕs eighteenth birthday. The director of schools shall keep the Board informed of all complaints.

3.     Decision and Appeal

If the complainant is not in agreement with the findings of fact as reports by the complaint manager, an ap