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below to see all Series 3000 policies.3110 - Qualifications of Attendance and Placement
Policy: 3110
Section: 3000 - Students
Qualification of Attendance and Placement
Age of Admission
It is a right and responsibility of those who meet the requirements prescribed by law to attend the schools of the district. Every resident of the district who satisfies the minimum entry age requirement and is less than 21 years of age has the right to attend the district’s schools until he/she completes high school graduation requirements. Children of age 8 and less than age 18 are required by law to attend a public school, an approved private school or educational center, unless they are receiving approved home-based instruction. Under certain circumstances children who are at least 16 and less than 18 years of age may be excused from further attendance at school. The superintendent will exercise his/her authority to grant exceptions when he/she determines that the student:
- Is lawfully and regularly employed, and
- Has permission of a parent, or,
- Is emancipated pursuant to Chapter 13.64 RCW; or
- Is subject to one of the other exceptions to compulsory attendance.
A resident student who has been granted an exception retains the right to enroll as a part-time student and will be entitled to take any course, receive any ancillary services and take or receive any combination of courses and ancillary services which is offered by a public school to full-time students.
Entrance Qualifications
To be admitted to a kindergarten program that commences in the fall of the year, a child must be not less than 5 years of age prior to September l of that school year. To be admitted to a first grade program that commences in the fall of the year a child must be not less than 6 years of age prior to September l of that school year. Any student not otherwise eligible for entry to the first grade who has successfully completed a state-approved, public or private, kindergarten program of 450 or more hours including instruction in the essential academic learning requirements and other subjects that the district determines are appropriate will be permitted entry into the first-grade program. If necessary, the student may be placed in a temporary classroom assignment for the purposes of evaluation prior to making a final determination of the student’s appropriate placement. Such determination will be made no later than the 30th calendar day following the student’s first day of attendance.
Exemptions
Special exemptions may be made for younger pupils who appear to be sufficiently advanced to succeed in the educational program. The superintendent will identify screening processes and instruments that will provide reliable estimates of these skills and abilities, develop procedures for implementing this policy and establish fees to cover expenses incurred in the administration of preadmission screening processes. The district will provide a fee waiver or a reduction in fees for low income students whose parents are unable to pay the full cost of preadmission screening.
Admission of Students Aged Twenty-One or Older
A student aged 21 or older may enroll in a school in the district under the following conditions:
- There is available space in the school and program which the student will attend;
- Tuition is prepaid;
- The student provides his/her own transportation;
- The student resides in the state of Washington; and
- In the judgment of the superintendent, no adult education program is available at reasonable costs and the district’s program is appropriate to the needs of the student.
Placement of Students on Admission
The decision of where to place a student seeking admission to the district rests with the principal. Generally students meeting the age of admission requirements or transferring from a public or approved private school will be placed in kindergarten or first grade, or the grade from which they transferred. The principal will evaluate the educational record and assessments of all other students to determine their appropriate placement. A temporary classroom assignment may be made for no more than thirty calendar days for the purpose of evaluation prior to making the final placement decision.
| Cross References: |
4220 - Complaints Concerning Staff or Programs |
|---|---|
| Legal References: |
RCW 28A.225.010 Attendance mandatory — Age —Exceptions |
| Management Resources: |
Policy News, April 2006 Entrance to School Policy Changes |
Adoption Date: 08.19.02
Kiona-Benton City School District
Classification: Priority
Revised Dates: 08.08.16
3114 - Part-time, Home-based, or Off-campus Students
Policy: 3114
Section: 3000 - Students
Part-Time, Home-Based, or Off-Campus Students
Part-time students are permitted to enroll and receive ancillary services, provided that such students are otherwise eligible for full-time enrollment in the school district and such courses or services are not available in the student's private school or an approved extension. Part-time status also includes any student, not enrolled in a private school, who is receiving home-based instruction and taking courses at or receiving ancillary services from the district or both, or any student involved in an approved work training program.
Home-based instruction will consist of instructional and related educational activities, including the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music. Such instruction will be equivalent, as liberally construed, to the total annual program hours per grade level as established for public schools.
Home-based instruction may be provided by a parent who has filed a declaration of intent with the superintendent by September 15, or within two (2) weeks of the beginning of any quarter, trimester or semester. Parents may file their declaration of intent with the school district in which they reside or in a school district that has accepted their student pursuant to RCW 28A.225.225. All decisions relating to philosophy or doctrine, selection of books, teaching materials and curriculum, and methods, timing, place, and provision for the evaluation of home-based instruction will be the responsibility of the parent. Failure of a parent to comply with the standards as specified in the law will constitute a violation of the compulsory attendance law.
A student may be enrolled in an off-campus instruction program provided that such experiences have been approved by the superintendent, or designee.
The superintendent will establish procedures that define the district's responsibilities for home-based and off-campus instruction.
| Legal References: |
RCW 28A.150.350 Part-time students — Defined — Enrollment authorized — Reimbursement for costs--Funding authority recognition — Rules, regulations |
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Adoption Date: 08.19.02
Kiona-Benton City School District
Classification: Priority
Revised Dates: 08.08.1
3115 - Homeless Students: Enrollment Rights and Services
Policy: 3115
Section: 3000 - Students
Homeless Students - Enrollment Rights and Services
To the extent practical and as required by law, the district will work with homeless students and their families to provide them with equal access to the same free, appropriate education (including public preschool education) provided to other students. Special attention will be given to ensuring the identification, enrollment, and attendance of homeless students not currently attending school, as well as mitigating educational barriers to their academic success. Additionally, the district will take reasonable steps to ensure that homeless students are not stigmatized or segregated in a separate school or in a separate program within a school on the basis of their homeless status.
Homeless students will be provided district services for which they are eligible, including Head Start and comparable pre-school programs, Title I, similar state programs, special education, bilingual education, vocational and technical education programs, gifted and talented programs, and school nutrition programs.
Homeless students are defined as lacking a fixed, regular, and adequate nighttime residence, including those students who are:
- Sharing the housing of other persons due to loss of housing or economic hardship, or a similar reason;
- Living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations;
- Living in emergency or transitional shelters;
- Abandoned in hospitals;
- Living in public or private places not designed for or ordinarily used as regular sleeping accommodation;
- Living in cars, parks, public spaces, abandoned buildings, substandard housing, transportation stations, or similar settings; or
- Migratory children living in conditions described in the previous examples.
The superintendent will designate an appropriate staff person to be the district’s McKinney-Vento liaison for homeless students and their families. The liaison may simultaneously serve as a coordinator for other federal programs, provided that they are able to carry out the duties listed in the procedure that accompanies this policy.
If the district has identified more than ten unaccompanied youth, meaning youth not in the physical custody of a parent or guardian and including youth living on their own in any of the homeless situations described in the McKinney-Vento Homeless Education Act, the principal of each middle and high school building will establish a point of contact for such youth. The point of contact is responsible for identifying homeless and unaccompanied youth and connecting them with the district’s homeless student liaison. The district’s homeless student liaison is responsible for training the building points of contact.
Best interest determination
In making a determination as to which school is in the homeless student’s best interest to attend, the district will presume that it is in the student’s best interest to remain enrolled in their school of origin unless such enrollment is against the wishes of a parent, guardian, or unaccompanied youth.
Attendance options will be made available to homeless families on the same terms as resident families in the district, including attendance rights acquired by living in attendance areas, other student assignment policies, and intra and inter-district choice options.
If there is an enrollment dispute, the student will be immediately enrolled in the school in which enrollment is sought, pending resolution of the dispute. The parent or guardian will be informed of the district’s decision and the reasons therefore, (or informed if the student does not qualify for McKinney-Vento, if applicable) and their appeal rights in writing and in a language they can understand. The district’s liaison will carry out dispute resolution as provided by state policy. Unaccompanied youth will also be enrolled pending resolution of the dispute.
Once the enrollment decision is made, the school will immediately enroll the student, pursuant to district policies. However, enrollment may not be denied or delayed due to the lack of any document normally required for enrollment, including academic records, medical records, proof of residency, mailing address or other documentation. Additionally, enrollment may not be denied or delayed due to missed application deadlines, fees, fines, or absences at a previous school.
If the student does not have immediate access to immunization records, the student will be admitted under a personal exception. Students and families should be encouraged to obtain current immunization records or immunizations as soon as possible, and the district liaison is directed to assist. Records from the student’s previous school will be requested from the previous school pursuant to district policies. Emergency contact information is required at the time of enrollment consistent with district policies, and in compliance with the state’s Address Confidentiality Program when necessary. However, the district cannot demand emergency contact information in a form or manner that creates a barrier to enrollment and/or attendance at school.
Homeless students are entitled to transportation to their school of origin or the school where they are to be enrolled. If the school of origin is in a different district, or a homeless student is living in another district but will attend his or her school of origin in this district, the districts will coordinate the transportation services necessary for the student, or will divide the costs equally.
The district’s liaison for homeless students and their families will coordinate with local social service agencies that provide services to homeless children and youths and their families; other school districts on issues of transportation and records transfers; and state and local housing agencies responsible for comprehensive housing affordability strategies. This coordination includes providing public notice of the educational rights of homeless students where such children and youth receive services under the McKinney-Vento Act, such as schools, family shelters and soup kitchens. The notice must be disseminated in a manner and form that parents, guardians, and unaccompanied youth receiving such services can understand, including, if necessary and to the extent feasible, in their native language. The district’s liaison will also review and recommend amendments to district policies that may act as barriers to the enrollment of homeless students and will participate in professional development and other technical assistance activities, as determined by the state-level (OSPI) coordinator for homeless children and youth programs.
The superintendent will:
- Strongly encourage district staff, including substitute and regular bus drivers to annually review the video posted on the OSPI website on identification of student homelessness;
- Strongly encourage every district-designated homeless student liaison to attend trainings provided by the state on identification and serving homeless youth. Ensure that the district includes in materials provided to all students at the beginning of the school year or at enrollment, information about services and support for homeless students (i.e., the brochure posted on the OSPI website).
- Use a variety of communications each year to notify students and families about services and support available to them if they experience homelessness (e.g., distributing and collecting a universal annual housing intake survey, providing parent brochures directly to students and families, announcing the information at school-wide assemblies, posting information on the district’s website).
Facilitating on-time grade level progression
The district will:
- waive specific courses required for graduation for students experiencing homelessness if similar coursework has been satisfactorily completed in another school district; or
- provide reasonable justification for denial of the waiver. In the event the district denies a waiver and the student would have qualified to graduate from their sending school district, the district will provide an alternative process of obtaining required coursework so that the student may graduate on time.
The district will consolidate partial credit, unresolved, or incomplete coursework and will provide students experiencing homelessness with opportunities to accrue credit in a manner that eliminates academic and nonacademic barriers for the student.
For students who have been unable to complete an academic course and receive full credit due to withdrawal or transfer, the district will grant partial credit for coursework completed before the date of the withdrawal or transfer. When the district receives a transfer student in these circumstances, it will accept the student’s partial credits, apply them to the student’s academic progress, graduation, or both, and allow the student to earn credits regardless of the student’s date of enrollment in the district.
In the event a student is transferring at the beginning of or during their junior or senior year of high school and is ineligible to graduate after all alternatives have been considered, the district will work with the sending district to ensure the awarding of a diploma from the sending district if the student meets the graduation requirements of the sending district.
In the event a student enrolled in three or more school districts as a high school student, has met state requirements, has transferred to the district, but is ineligible to graduate from the district after all alternatives have been considered, the district will waive its local requirements and ensure that the student receives a diploma.
Informed consent for healthcare
Informed consent for healthcare on behalf of a student experiencing homelessness may be obtained from a school nurse, school counselor, or homeless student liaison when:
- Consent is necessary for non-emergency, outpatient, primary care services, including physical examinations, vision examinations and eyeglasses, dental examinations, hearing examinations and hearing aids, immunizations, treatments for illnesses and conditions, and routine follow-up care customarily provided by a health care provider in an outpatient setting, excluding elective surgeries;
- The student meets the definition of a “homeless child or youth” under the federal McKinney-Vento homeless education assistance improvements act of 2001; and
- The student is not under the supervision or control of a parent, custodian, or legal guardian, and is not in the care and custody of the department of social and health services.
Upon the request by a health care facility or a health care provider, a District employee authorized to consent to care must provide to the person rendering care a signed and dated declaration stating under penalty of perjury that the employee is a school nurse, school counselor, or homeless student liaison and that the minor patient meet the requirements of RCW 7.70.065 (2) (b) listed above in this policy.
The District and District employee authorized to consent to care under this policy are not subject to administrative sanctions or civil damages resulting from the consent or non-consent for care or payment for care. Any declaration required by a health care facility or a health care provider described in the above paragraph must include written notice that the District employee is exempt from administrative sanctions and civil liability resulting from the consent or non-consent for care or payment for care.
| Cross References: |
3116 - Students in Foster Care |
|---|---|
| Legal References: |
RCW 28A.225.215 Enrollment of children without legal residences |
| Management Resources: |
2018 - May Issue |
Adoption Date: 05.04
Classification: Essential
Revised Dates: 11.13; 08.16; 04.19
3115P - Homeless Students - Enrollment Rights and Services Procedure
Policy: 3115P
Section: 3000 - Students
Procedure - Homeless Students - Enrollment Rights and Services
A. Definitions
- Homeless children and youths means individuals who lack a fixed, regular, and adequate nighttime residence. This includes children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; living in motels, parks, or campgrounds; or children or youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a sleeping accommodation by human beings; or children or youth living in cars, abandoned buildings, substandard housing or similar situations; or migratory children living in circumstances like those described above. “Substandard housing” may be determined by considering factors such as whether the setting in which the child or youth is living lacks water, electricity, or heat; is infested with vermin or mold; lacks a working kitchen or toilet, or presents unreasonable dangers to adults, children, or persons with disabilities. Cities, counties and states have varying housing codes that further define housing deemed substandard by law.
- Unaccompanied youth means a youth not in the physical custody of a parent or guardian and includes youth living on their own in any of the homeless situations described in the McKinney-Vento Homeless Education Act.
- School of origin means the school or preschool that a child or youth attended when permanently housed, or the school in which the child or youth was last enrolled. When a child or youth completes the final grade level served by the school of origin, the school of origin includes the designated receiving school at the next grade level for all feeder schools.
- Best interest determination means that the district must make school placement decisions for homeless students and youths on the basis of their best interest, as determined by student-centered factors including impact of mobility on achievement, education, health, and safety. Priority should be given to the request of the child or the parent/guardian or unaccompanied youth. Placement of siblings should also be considered.
- Excess cost of transportation means the difference between what the district normally spends to transport a student to school and the cost of transporting a homeless student to school. For example, there is no excess cost of transportation if the district provides transportation to a homeless student by a regular bus route. However, if the district provides special transportation to a homeless student (e.g., by private vehicle or transportation company), the entire cost would be considered excess costs of transportation. The additional cost of the district’s re-routing of busses to transport a homeless student can be considered excess cost of transportation. The district may use McKinney-Vento sub grant funds and Title I, Part A funds to defray excess cost of transportation for homeless students.
B. Identification
The district will:
- Use a housing questionnaire in its enrollment process. The questionnaire will be distributed universally so as to avoid stigmatizing homeless children and youths and their families;
- Ensure that referral forms used to identify and support homeless students are accessible and easy to use;
- Include its homeless liaison’s contact information on its website;
- Provide materials for homeless students and parents, if necessary and to the extent feasible, in their native language;
- As practicable, provide annual guidance for school staff on the definition of homelessness, signs of homelessness, the impact of homelessness on students, and steps to take when a potentially homeless student is identified, including how to connect the student with appropriate housing and support service providers;
- Develop interagency partnerships to serve homeless families and youths; and
- Work with the state homelessness coordinator to facilitate services to families and youths made homeless by natural disasters or other catastrophic events.
C. Placement and enrollment
The district will:
- When deciding placement, presume that allowing the homeless student to remain in their school of origin is in the student’s best interest, except when doing so is contrary to the request of the student’s parent or guardian or unaccompanied youth;
- If the parent/guardian contests the district’s decision, make a best interest determination based on factors such as the impact of mobility on the student’s educational achievement, health, and safety. If the best interest determination is requested by an unaccompanied youth, the process will give priority to the views of the youth;
- After conducting a best interest determination, provide to the parent/guardian of the student in a timely manner and in a language they can understand, a written explanation of the final decision and the right to appeal the decision (see Dispute Resolution Procedure, below);
- Pending resolution of disputes that arise over eligibility, school selection, or enrollment, immediately enroll a homeless student in the school in which the parent, guardian, or unaccompanied youth seeks enrollment;
- Avoid delay or denial of enrollment of homeless students, even if they have missed application or enrollment deadlines during any period of homelessness or are unable to produce records required for enrollment (e.g., previous academic records, immunization records, health records, proof of residency, proof of guardianship, birth certificates);
- Avoid requirements for student contact information to be in a form or manner that creates a barrier for homeless students;
- Provide transportation for homeless students to their school or preschool of origin. Once the student has obtained permanent housing, the district will continue to provide such transportation until the end of the academic year. If the homeless student remains in their school of origin but begins living in an area served by district, the district of origin and the district in which the homeless student is living must agree upon a method to apportion the responsibility and costs for the student’s transportation to and from their school of origin. If the districts cannot reach agreement, the responsibility and costs for transportation will be shared equally;
- Continue to provide transportation to their school of origin pending the outcome of enrollment or transportation disputes;
- Immediately contact the school last attended by the homeless student to obtain relevant academic and other records;
D. District’s homeless liaison
The district liaison will ensure that:
- Homeless children and youths are identified by school personnel and through coordination of activities with other entities and agencies;
- Homeless children and youths enroll in and have a full and equal opportunity to succeed in school;
- Homeless families, children and youths receive educational services for which such families, children and youths are eligible, including Head Start and Even Start programs, preschool programs administered by the district, and referrals to health care services, dental services, mental health services, and other appropriate services;
- Homeless students are identified and provided proper access to free school meals;
- The parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;
- Public notice of the educational rights of homeless children and youths is disseminated where such children receive services (e.g., schools, family shelters, soup kitchens);
- Enrollment disputes are mediated in accordance with Paragraph C, Placement and enrollment, above; and
- The parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin and is assisted in accessing transportation to the school selected;
- Unaccompanied youths are enrolled in school, have opportunities to meet the same challenging state academic standards as the state establishes for other children and youths, are informed of their status as independent students under section 480 of the Higher Education Act of 1965 (HEA) (20 U.S.C. 1087vv) for federal student aid purposes, and their right to receive verification of this status from the local liaison;
- Barriers that prevent homeless students from receiving credit for full or partial coursework satisfactorily completed while attending a prior school are identified and removed;
- Affirm whether homeless students meet the U.S. Department of Housing and Urban Development (HUD) definition of homelessness to qualify them for HUD homeless assistance programs and refer homeless families and students to housing and other services;
- Assist parents, guardians, and unaccompanied youth in obtaining immunizations, health screenings, guardianship records, and other documents normally required for enrollment; and
- Assist unaccompanied youths in connecting with needed supports such as housing assistance, health care and other services.
In addition to the duties and responsibilities listed above, the district liaison will work to improve systems to identify homeless students and coordinate with the district’s nutrition program to ensure that each homeless student has proper access to free school meals, and that applicable accountability and reporting requirements are satisfied.
The district will inform school personnel, service providers, and advocates working with homeless families of the duties of the district homeless liaison.
E. Dispute Resolution Procedure
The district will ensure that the child/youth attends the school in which they sought enrollment while the dispute process is being carried out.
- Notification of Appeal Process
If the district seeks to place a homeless child in a school other than the school of origin or the school requested by the parent, the school district will inform the parent or the unaccompanied youth of the right to appeal. The district will provide the parent or unaccompanied youth with written notice including:- An explanation of the child’s placement, and contact information for the district and the OSPI homeless liaison, including their roles;
- Notification of the parent’s right to appeal(s);
- Notification of the right to enroll in the school of choice pending resolution of the dispute;
- A description of the dispute resolution process including a petition form that can be returned to the school to initiate the process and timelines; and
- A summary of the federal legislation governing placement of homeless students (McKinney-Vento Act).
- Appeal to the School District Liaison – Level I
If the parent or unaccompanied youth disagrees with the district’s placement decision, they may appeal by filing a written request for dispute resolution with the school, the district’s homeless liaison or a designee. If submitted to the school, it will be immediately forwarded to the homeless liaison. The request for dispute resolution must be submitted within fifteen business days of receiving notification of the district’s placement.
The liaison must log the complaint including a brief description of the situation and reason for the dispute and the date and time of the complaint was filed.- A copy of the complaint must be forwarded to the liaison’s supervisor and the superintendent;
- Within five business days of the receiving the complaint, the liaison must provide the parent or unaccompanied youth with a written decision and notification of the parent’s right to appeal;
- The district will verify receipt of the Level I decision; and
- If the parent or unaccompanied youth wishes to appeal, notification must be provided to the district liaison within ten business days of receipt of the Level I decision. The liaison will provide the parent with an appeals package containing:
- The complaint filed with the district liaison at Level I;
- The decision rendered at Level I; and
- Additional information provided by the parent, unaccompanied youth and/or homeless liaison.
- Appeal to the School Superintendent – Level II
The parent or unaccompanied youth may appeal the district liaison’s decision to the superintendent or the superintendent’s designee using the appeals package provided at Level I.- The superintendent will arrange for a personal conference to be held with the parent or unaccompanied youth within five business days of receiving the Level I appeals package;
- Within five business days of the conference with the parent or unaccompanied youth the superintendent will provide that individual with a written decision with supporting evidence and notification of their right to appeal to the OSPI;
- The district will verify receipt of the Level II decision;
- A copy of the superintendent’s decision will be forwarded to the district’s homeless liaison; and
- If the parent or unaccompanied youth wishes to appeal to the OSPI, notification must be provided to the district homeless liaison within ten business days of receipt of the Level II decision.
- Appeal to the Office of the Superintendent of Public Instruction – Level III
- The district superintendent will forward a copy of the Level II decision and all written documentation to the OSPI homeless liaison within five days of rendering a decision. The district will submit the entire dispute package to the OSPI in one complete package by U.S. mail;
- The OSPI’s homeless education coordinator or designee, along with the appropriate agency director, and/or agency assistant superintendent will make a final decision within fifteen business days of receiving the appeal;
- The OSPI’s decision will be forwarded to the district’s homeless liaison. The liaison will distribute the decision to the parent or unaccompanied youth and the local superintendent;
- The OSPI’s decision will be the final resolution for placement of a homeless child or youth in the district; and
- The district will retain the record of all disputes, at each level, related to the placement of homeless children.
F. Inter-district Disputes
If districts are unable to resolve a dispute regarding the placement of a homeless student, either district may submit a written request to the OSPI seeking resolution.
The OSPI will resolve the dispute within 10 business days of notification of the dispute and inform all interested parties of the decision.
Adoption Date: 04.19
Classification:
Revised Dates:
3116 - Students in Foster Care
Policy: 3116
Section: 3000 - Students
Students in Foster Care
The board recognizes that students in out-of-home or foster care, experience mobility in and out of these care systems and from one home placement to another that disrupts their education, thereby creating barriers to academic success and on-time graduation. Through collaboration with state, local, and/or tribal child welfare agencies, the district will strive to minimize or eliminate educational barriers for students in out-of-home care, particularly with regard to enrollment, transfer of student records, and transportation to their school of origin. Pursuant to chapter 28A.225 RCW, the district’s collaboration with the state department of children, youth, and families in compliance with RCW 74.13.56 is mandatory. The superintendent or designee is authorized to establish procedures and/or practices for implementing this policy.
The District and its schools will work to improve systems to identify students in out-of-home care to ensure that each student has proper access to free school meals and that applicable accountability and reporting requirements are satisfied.
Point of contact The superintendent or designee will designate an appropriate staff member to serve as the district’s point of contact with local child welfare agencies, if such agencies notify the district in writing that they have designated a point of contact for the district. The point of contact will work with appropriate state, local, and/or tribal child welfare agencies to receive notifications and share information regarding the status and progress of students in out-of-home care. The point of contact will also work collaboratively with the district’s Title I coordinator to provide supports for students in out-of-home care that are enrolled or seeking to enroll in the district.
Enrollment Whenever practical and in the best interest of the child, students placed into out-of-home care must remain enrolled in the school that they were attending at the time they entered out-of-home care. Best-interest determinations should be made as quickly as possible in order to prevent educational discontinuity for the student, and should take into consideration the student-centered factors and input from the relevant and appropriate persons listed in procedure 3116P.
If remaining in the school of origin is determined not to be in the student’s best interest, the district will immediately enroll that student in their new school. Enrollment may not be denied or delayed based on the fact that documents normally required for enrollment have not been provided.
A school may not prevent a student in out-of-home care from enrolling based on incomplete information of any history of placement in special education, any past, current, or pending disciplinary action, any history of violent behavior, or behavior listed in RCW 13.04.155, any unpaid fines or fees imposed by other schools, or any health conditions affecting the student’s educational needs during the ten (10) day period that the Department of Social and Health Services has to obtain that information. Upon enrollment, the district will make reasonable efforts to obtain and assess the child’s educational history in order to meet the child’s unique needs within two (2) school business days.
Records Transfer When a student in out-of-home care transfers schools, whether within the district or to another school district, the enrolling school will immediately contact the sending school to obtain academic and other records. The sending school will respond as soon as possible to requests it receives for records of students in out-of-home care.
Additionally, upon receipt of a request for education records of a student in out-of-home care from the Department of Social and Health Services, the district will provide the records to the agency within two (2) school days.
Transportation By December 10, 2016, the district will collaborate with state, local or tribal child welfare agencies, as appropriate, to implement a written transportation procedure by which prompt, cost-effective transportation will be provided, arranged and funded for students to remain in their school of origin when in their best interest for the duration of their time in foster care.
The written procedure will ensure that if additional costs are incurred in providing transportation, the district will provide transportation to the school of origin if: 1) the child welfare agency agrees to reimburse the transportation; (2) the district agrees to pay for the cost of the transportation; or 3) the district and the child welfare agency agree to share transportation costs.
Dispute resolution In the event that a caregiver or education decision-maker disputes a district decision regarding the best interest of the student in out-of-home care with regard to enrollment or the provision of any other education-related service, including transportation, the caregiver or education decision-maker may use the three-tiered appeals process outlined in the procedure that accompanies this policy. The district will make all reasonable efforts to collaborate with appropriate agencies and aggrieved parties to resolve the dispute at the local level.
In the event that a dispute occurs between the district and a child welfare agency with regard to issues that do not involve educational placement or the provision of educational services (e.g., transportation reimbursements, failure to collaborate), such disputes may be forwarded to the Office of Superintendent of Public Instruction for resolution.
Review of unexpected or excessive absences A district representative or school employee will review unexpected or excessive absences of students in out-of-home care and those awaiting placement with the student and adults involved with the student, including their caseworker, educational liaison, attorney if one is appointed, parent, guardian and foster parents. The purpose of the review is to determine the cause of the absences, taking into account: unplanned school transitions, periods of running from care, in-patient treatment, incarceration, school adjustment, educational gaps, psychosocial issues, and unavoidable appointments during the school day. The representative or employee will take proactive steps to support the student’s school work so the student does not fall behind and to avoid suspension or expulsion based on truancy.
Facilitating on-time grade level progression The district will: 1) waive specific courses required for graduation for students in out-of-home care if similar coursework has been satisfactorily completed in another school district; or 2) provide reasonable justification for denial of the waiver. In the event the district denies a waiver and the student would have qualified to graduate from their sending school district, the district will provide an alternative process of obtaining required coursework so that the student may graduate on time.
The district will consolidate partial credit, unresolved, or incomplete coursework and will provide students in out-of-home care with opportunities to accrue credit in a manner that eliminates academic and nonacademic barriers for the student.
For students who have been unable to complete an academic course and receive full credit due to withdrawal or transfer, the district will grant partial credit for coursework completed before the date of the withdrawal or transfer. When the district receives a transfer student in these circumstances, it will accept the student’s partial credits, apply them to the student’s academic progress or graduation or both, and allow the student to earn credits regardless of the student’s date of enrollment in the district.
In the event a student is transferring at the beginning of or during their junior or senior year of high school and is ineligible to graduate after all alternatives have been considered, the district will work with the sending district to ensure the awarding of a diploma from the sending district if the student meets the graduation requirements of the sending district.
In the event a student enrolled in three or more school districts as a high school student, has met state requirements, has transferred to the district, but is ineligible to graduate from the district after all alternatives have been considered, the district will waive its local requirements and ensure that the student receives a diploma.
| Cross References: |
2418 - Waiver of High School Graduation Credits |
|---|---|
| Legal References: |
RCW 28A.150.510 Transmittal of education records to department of social and health services – Disclosure of educational records – Data-sharing agreements – Comprehensive needs requirement document – Report |
| Management Resources: |
2018 - May Issue |
Adoption Date: Revised Dates: 07.17; 05.18; 10.18
3116P - Students in Foster Care
Policy: 3116P
Section: 3000 - Students
Procedure - Students in Foster Care
Definitions
- Additional costs incurred in providing transportation are those costs that reflect the difference between what the district would otherwise spend to transport a student to his or her assigned school and the cost of transporting a student in out-of-home care to his or her school of origin. The district would, for example, incur an additional cost if it had no choice but to re-route busses to transport a student in foster care to one of its schools.
- Best interest determination means using child-centered criteria for determining which educational setting is best for a particular child. Decisions should be made on a case-by-case basis and should not be based on the cost of transportation.
- Caregiver means potential out-of-home placement options including licensed foster homes, relatives, group care providers or other court-ordered suitable parties. All placement options result from state dependency court actions. This term is relevant to the dispute resolution process for education-services decisions relevant to students in out-of-home care.
- Educational decision-maker means the caregiver and social worker listed on the Caregiver Authorization Form who are authorized to make day to day decisions for children and youth in out-of-home care. Additional decision-makers such as the birth parent, education liaison, or other appropriate adult may be court-appointed and identified on the Health and Education Authorization Court Order. This term is relevant to the dispute resolution process for enrollment and transportation decisions relevant to students in out-of-home care.
- Out-of-home care has the same meaning as in RCW 13.34.030, and means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.
- Other supervising agency means an agency licensed by the state under RCW 74.15.090, or licensed by a federally recognized Indian tribe located in Washington under RCW 74.15.190 that has entered into a performance-based contract with the department to provide case management for the delivery and documentation of child welfare services as defined in RCW 74.13.020.
- School of origin means the school in which a child is enrolled at the time of placement in foster care. If a child’s foster care placement changes, the school of origin would then be considered the school in which the child is enrolled at the time of placement change.
Duties of the foster care liaison
The superintendent or designee will designate a district foster care liaison to facilitate district compliance with state and federal laws related to student in out-of-home care and to collaborate with the department of children, youth, and families to address educational barriers for these students. The role and responsibilities of a foster care liaison may include:- Coordinating with the department of children, youth, and families on the implementation of state and federal laws related to students in out-of-home care;
- Coordinating with foster care education program staff at the office of the superintendent of public instruction;
- Attending training and professional development opportunities to improve school district implementation efforts;
- Serving as the primary contact person for representatives of the department of children, youth, and families;
- Leading and documenting the development of a process for making best interest determinations in accordance with the processes identified in this procedure;
- Facilitating immediate enrollment in accordance with RCW 28A.225.330;
- Facilitating the transfer of records in accordance with RCW 28A.150.510 and 28A.225.330;
- Facilitating data sharing with child welfare agencies consistent with state and federal privacy laws and rules;
- Developing and coordinating local transportation procedures;
- Managing best interest determination and transportation cost disputes according to the best practices developed by the office of the superintendent of public instruction;
- Ensuring that students in out-of-home care are enrolled in and regularly attending school, consistent with RCW 28A.225.023; and
- Providing professional development and training to school staff on state and federal laws related to students in out-of-home care and their educational needs, as needed.
The district foster care liaison will also:
- Collaborate with the district’s Title I coordinator and the appropriate child welfare agency point of contact on the implementation of Title I provisions;
- Document all best interest determination processes as well as collaboration with the child welfare agency or agencies;
- Develop and coordinate local transportation procedures;
- Manage transportation costs disputes;
- Coordinate all appeals of education-based decisions for students in out-of-home care and district appeals of inter-agency disputes; and
- As resources permit, provide guidance to school staff on Title I provisions and educational needs of students in out-of-home care on an as-needed basis.
Enrollment in school of origin
When the district foster care liaison receives notification from a child welfare agency that a student in out-of-home care will be moving to a new residence and the necessary timeframe for determining the student’s most appropriate school placement, the district liaison/designee will in turn provide the agency with information on the appropriateness of the current educational setting. In order to minimize disruption to their education, students placed into out-of-home care must remain enrolled in the school they were attending upon entering out-of-home care, unless it is determined that such placement is not in the student’s best interest.
Best interest determination
When a determination of the student’s best interest is necessary, it will take into account a variety of student-centered factors and input from relevant and appropriate persons. The student-centered factors for consideration should include:
- How long is the student’s current out-of-home care placement expected to last?
- What is the student’s permanency plan and how does it related to school stability?
- How many schools has the student attended in the current year?
- How many schools has the student attended over the past few years?
- Considering the impacts of past transfers, how may transferring to a new school impact the student academically, emotionally, physically, and socially?
- What are the immediate and long-term educational plans of, and for, the student?
- How strong in the student academically?
- If the student has special needs, what impact will transfer to a new school have on the student’s progress and services?
- To what extent are the programs and activities at the potential new school comparable to, or more appropriate than, those at the school of origin?
- Does one school have programs and activities that address the unique needs or interests of the student that the other school does not have?
- Which school does the student prefer?
- How deep are the child’s ties to his or her school of origin?
- Would the timing of the school transfer coincide with a logical juncture, such as after testing, after an event that is significant to the student, or at the end of the school year?
- How would changing schools affect the student’s ability to earn full academic credit, participate in sports or other extracurricular activities, proceed to the next grade, or graduate on time?
- How would the commute to the school under consideration impact the student, in terms of distance, mode of transportation, and travel time?
- How anxious is the student about having been removed from the home or about any upcoming events?
- What school does the student’s sibling attend? And
- Are there safety issues to consider?
When making best-interest determination, every effort should also be made to gather meaningful input from relevant and appropriate persons on their perspective regarding which school the student should attend during his or her time in out-of-home care, consistent with the student’s case plan. Such relevant and appropriate persons include:
- Representatives of the department of children, youth, and families;
- Representatives of the school of origin, such as a teacher, counselor, coach, or other meaningful person in the student’s life;
- Biological parents;
- Foster parents;
- Educational liaisons identify under RCW 13.34.045;
- The student’s relatives; and
- Depending on his or her age, the student.
Additionally, the district will adopt any best-interest determination guide developed by the office of the superintendent of public instruction during the discussion about the advantages and disadvantages of keeping the student in the school of origin or transferring the student to a new school.
The best interest determination will be made as quickly as possible in order to prevent educational discontinuity for the student. Written notification of the determination will be given to appropriate parties involved in the determination, including the student’s biological parents, foster parents, school representatives and educational liaisons, as well as representatives of the department of children, youth, and families.
Only a caregiver or education decision-maker for the student may file an appeal using the Dispute Resolution Process.
Dispute resolution process: Disputes between the district and the student’s caregiver/education decision–maker.
The District will adopt and implement any dispute resolution process developed by the office of the superintendent of public instruction when there is a disagreement about school placement, the provision of educational services, or a dispute between agencies.
Level One
The student’s caregiver or education decision-maker may dispute the district’s best interest determination, transportation decision, or the provision of any other education-related service for a student in foster care. They may do so by providing the district or the district’s foster care liaison with written notice of the dispute within fifteen (15) business days of receiving notice of the district’s determination (e.g., that the district intends to enroll the student in a school other than the school of origin or the school requested by the caregiver or the education decision-maker).
FOSTER CARE LIAISON:
BERNARDO CASTILLO
1105 DALE AVENUE, BENTON CITY, WA 99320
509.588.2000
bcastillo@kibesd.org
The notice of dispute, if provided to the district, will be immediately forwarded to the foster care liaison, or, if that person is unavailable, another designee. The liaison will log receipt of the notice (including the date and time), and then forward a copy of this documentation to their immediate supervisor and the superintendent or designee.
The liaison will make a decision on the dispute within five (5) business days of receipt and inform the caregiver or educational decision-maker in writing of the result. The following documents will be included with the decision in an “appeals package”:
- A copy of the original notice of dispute;
- Any additional information from the caregiver or educational decision-maker and/or foster care liaison; and
- Instructions on appealing the decision to Level II.
The liaison will verify receipt of the written decision by the caregiver or education decision-maker.
Level Two
If the caregiver or education decision-maker disagrees with the decision of the foster care liaison, he or she may appeal the decision to the superintendent or his/her designee (who must be someone other than the foster care liaison). He or she may do so by providing the superintendent’s office with a copy of the Level I appeals package within ten (10) business days of their receipt of the Level I decision.
Within five (5) business days of the notification to the district that the caregiver or education decision-maker intends to appeal, the superintendent or designee will arrange to meet within a reasonably expeditious time period either in-person or through phone/video conference with the student’s caregiver or educational decision-maker, the student if appropriate, and at least one representative from DSHS or another supervising agency. If it is not possible for the DSHS or other supervising agency representative to be present within a reasonable time, the superintendent or designee will document their efforts to include the representative and proceed with the conference.
Within five (5) business days of the conference, the superintendent or designee will provide the caregiver or educational decision-maker with a written decision, supporting evidence, reasons for the decision and an appeals package that includes:
- A copy of the initial dispute filed at Level I and the Level I decision;
- The Level II decision rendered by the superintendent or designee;
- Any additional information from the caregiver or education decision-maker and/or foster care liaison;
- Instructions as to how to file a Level III appeal, including the physical address and email address of where to submit the dispute:
Foster Care Education Program Supervisor
Old Capital Building
PO Box 47200
Olympia, WA 98504-7200
fostercare@k12.wa.us
The district’s foster care liaison will also be provided a copy of the Level II decision and appeals package. The liaison will be responsible for verifying receipt of the decision and appeals package by the caregiver or educational decision-maker.
Level III
If the caregiver or education decision-maker disagrees with the decision of superintendent or designee, he or she may appeal the decision by notifying the district’s foster care liaison within ten (10) business days of receipt of the Level II decision of their intent to file a Level III appeal.
The superintendent or designee will forward all written and electronic documentation to the OSPI Foster Care Education Program Supervisor or designee for review within five (5) business days of receiving notification of the caregiver or education decision-maker’s intent to file a Level III appeal.
The caregiver or education decision-maker may also submit related documentation to the OSPI Foster Care Education Program Supervisor and the district’s foster care liaison for review within five (5) business days after notifying the district of their intent to file a Level III appeal. The documentation must be submitted in one consolidated and complete package via email or the US Postal Service.
The OSPI Foster Care Education Program Supervisor or designee and appropriate DSHS representatives shall make a decision within fifteen (15) business days of receipt of the dispute. The decision will be forwarded to the district’s foster care liaison for distribution to the caregiver or educational decision-maker, the DSHS representative engaged by the district at Level II and the superintendent. The decision shall be the final resolution for placement and the provision of services for a child or youth in foster care in the district.
The district will maintain records of disputes resolved at the Level I, Level II and/or Level III and shall be made available to OSPI upon request.
Dispute Resolution Process: Disputes between the district and the child welfare agency
In the event that the district and the child welfare agency are unable to resolve a dispute that does not involve educational placement or the provision of educational services to a student in foster care (e.g., failure to collaborate, transportation reimbursements, date sharing, records release policies), either party may forward the dispute in writing to the OSPI Foster Care Education Program Supervisor or designee.
Within ten (10) business days of receipt of the dispute, a written decision will be forwarded to the superintendent, the district’s foster care liaison and the agency representative involved in the dispute. The decision shall be the final resolution for placement and the provision of services for a child or youth in foster care in the district.
Adoption Date:
Revised Dates: 05.18; 10.18
3120 - Enrollment
Policy: 3120
Section: 3000 - Students
Enrollment
The superintendent will develop procedures for enrolling students, recording attendance behavior, and counseling and correcting students with attendance problems. When enrolling a student who has attended school in another school district, the parent and student will be required to briefly indicate in writing whether or not the student has:
- Any history of placement in a special education program;
- Any past, current or pending disciplinary actions;
- Any history of violent behavior or convictions;
- Adjudications or diversion agreements related to a violent offense, a sex offense, inhaling toxic fumes, a drug offense, a liquor violation, assault, kidnapping, harassment, stalking or arson;
- Any unpaid fines or fees from other schools; and
- Any health conditions affecting the student’s educational needs.
If the district receives information that a student has a history of disciplinary actions, criminal or violent behavior, or other behavior that indicates the student could be a threat to the safety of staff or students, the student’s teachers and building security personnel will be informed.
A district may require students or their parents to provide proof of residency within the district, such as copies of phone and water bills or lease agreements. The school district will not require proof of residency or any other information regarding an address for any student who is eligible by reason of age for the services of the district if the student does not have a legal residence. The request for enrollment may be made by the student, parent or guardian.
Since accurate enrollment and attendance records are essential both to obtain state financial reimbursement and to fulfill the district's responsibilities under the attendance laws, the district will be diligent in maintaining such records.
| Cross References: |
2255 - Alternative Learning Experience Programs |
|---|---|
| Legal References: |
RCW 28A.225.215 Enrollment of children without legal residences |
| Management Resources: | 2014 - June Issue |
Adoption Date: 08.19.02
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3120P - Enrollment Procedure
Policy: 3120P
Section: 3000 - Students
Procedure Enrollment
Enrollment and attendance records will be maintained in each school building. At the conclusion of the year, the enrollment and attendance information will be recorded on the student's permanent record card.
The attendance registers will remain in the school building for a period of 5 years, after which time they will be sent to the district office to be destroyed.
Annually each school will report to the district actions taken to reduce any student’s absenteeism following the student’s fifth absence in one month, or tenth absence in one year. The district will report this information annually to the superintendent of public instruction:
- The number of enrolled students and the number of unexcused absences;
- The number of enrolled students with ten or more unexcused absences in a school year or five or more unexcused absences in a month;
- A description of any programs or schools developed to serve students who have had five or more absences in a month or ten in a year including information about the number of students in the program or school and the number of unexcused absences of students during and after participation in the program. The reports will also describe any placements in an approved private nonsectarian school or program or certified program under a court order; and
- The number of petitions filed by a school or a parent with the juvenile court; and
The information in these reports will not disclose the names or other identification of the students or parents.
For purposes of enrollment count, a “full-time equivalent student” will be:
| Grade K: | 20 hours or more per week or four hours or more for 90 scheduled days or 10 hours or more per week or two hours or more for 180 scheduled days. |
|---|---|
| Grade 1-3: | 20 hours or more per week or four hours or more for 180 scheduled days. |
| Grade 4-10: | 25 hours or more per week or five hours or more for 180 scheduled days. |
| Grade 11-12: | 25 hours or more per week or five hours or more for 180 scheduled days; the equivalent in a combination of high school, community college and/or vocational-technical institute courses; or the equivalent in an alternative school program. |
Alternative Learning Experiences: Full-time equivalency will be determined by documentation of all hours of learning activities pursuant to WAC 392-121-182.
Normal class change/passing time may be counted as part of this requirement. Noon intermission, however, is excluded.
No student may be counted on any school's or program's enrollment report who has been absent from school for more than twenty consecutive school days until attendance is resumed. No part-time student that has not attended school at least once within a period of of twenty consecutive school days may be counted as an enrolled student unitl attendance is resumed. School days are defined as regularly scheduled instructional days for the general population of the school or district the student is enrolled in, regardless of the student's individualized schedule.
Procedures for handling excused and unexcused absences are defined in 3122P, Excused and Unexcused Absences.
Adoption Date: 08.08.16
Kiona-Benton City School District
Classification: Essential
Revised Dates:
3122 - Excused and Unexcused Absences
Policy: 3122
Section: 3000 – Students
Excused and Unexcused Absences
I. DEFINITION OF ABSENCE
- Absence from in-person learning
WAC 392-401-015 states the definition of an absence:
- A student is absent from in-person instruction when they are:
- Not physically present on school grounds; and
- Not participating in the following activities at an approved location:
- Instruction; or
- Any instruction-related activity; or
- Any other district or school approved activity that is regulated by an instructional/academic accountability system, such as participation in district-sponsored sports.
B. Definition of absence from asynchronous instruction
“Asynchronous instruction” means instruction prepared by a certified teacher that occurs away from the physical school setting without two-way interactive communication. A student is absent from asynchronous instruction when there is no evidence that the student accessed the planned asynchronous activity. Evidence of student participation in asynchronous activities must occur daily, within a twenty-four-hour time frame of when the participation is planned or expected.
The Superintendent will develop a consistent and equitable approach that establishes what constitutes “evidence of participation.” This approach will be documented in the student handbook and communicated clearly to all students and families. Determining what constitutes “evidence of participation” should not be left to individual teachers.
The district has authority to establish minimum threshold similar to in-person attendance for the time in which a student must be logged in to be considered present. The Superintendent will develop a consistent and equitable approach that is documented in the student handbook and communicated clearly to all students and families. Determining a threshold for when a student is present or absent should not be left to individual teachers.
C. Disciplinary Actions and Tardies
- Students shall not be absent if:
- They have been suspended, expelled, or emergency expelled pursuant to chapter 392-400-WAC
- Are receiving educational services as required by RCW 28A.600.015 and chapter 392-400-WAC; and
- The student is enrolled in qualifying “course of study” activities as defined in WAC 392-121-107. Course of study activities do not include sending homework packets home.
- The district has the flexibility to determine what constitutes a tardy. The district differentiates a tardy from an absence and will exclude tardies from any reports that tally absences for the purposes of filing a truancy petition.
II. EXCUSED AND UNEXCUSED ABSENCES
Regular school attendance is a student and parent responsibility and necessary for mastery of the educational program provided to students of the district. It is recognized that classroom interaction between teacher and student enriches and clarifies knowledge of subject matter beyond mere accumulation of factual data. Educators and administrators have a responsibility to monitor absences to determine if students and families need support. Students are expected to attend all assigned in-person classes each day or participate in all assigned remote instructional activities; except when there are necessary reasons for students to be absent. Upon enrollment and at the beginning of each school year, the district shall inform students and their parents/guardians of this expectation, the benefits of regular school attendance, the consequences of truancy, the role and responsibility of the district regarding truancy, and resources available to assist the student and their parents and guardians in correcting truancy. The district will also make this information available online and will take reasonable steps to ensure parents can request and receive such information in languages in which they are fluent.
A. Excused Absences
At times, students may be absent from class or not able to participate remotely. School staff will keep a record of absences and tardiness, including a record of excuse statements submitted by a parent/guardian, or in certain cases, students, to document a student’s excused absences. The following principles will govern the development and administration of attendance procedures within the district:
- Absences due to the following reasons are excused:
- Physical health or mental health symptoms, illness, health condition or medical appointment for the student or person for whom the student is legally responsible. Examples of symptoms, illness, health conditions, or medical appointments include, but are not limited to, medical, counseling, mental health wellness, dental, optometry, pregnancy, and behavioral health treatment (which can include in-patient or out-patient treatment for chemical dependency or mental health);
- Family emergency including, but not limited to, a death or illness in the family;
- Religious or cultural purpose including observance of a religious or cultural holiday or participation in religious or cultural instruction;
- Court, judicial proceeding, court-ordered activity, or jury service;
- Post-secondary, technical school or apprenticeship program visitation, or scholarship interview;
- State-recognized search and rescue activities consistent with RCW 28A.225.055 ;
- Absence directly related to the student’s homeless or foster care/dependency status;
- Absences related to deployment activities of a parent or legal guardian who is an active-duty member consistent with RCW 28A.705.010;
- Absence due to suspensions, expulsions or emergency expulsions imposed pursuant to chapter 392-400 WAC if the student is not receiving educational services and is not enrolled in qualifying "course of study" activities as defined in WAC 392-121-107;
- Absences due to student safety concerns, including absences related to threats, assaults, or bullying;
- Absences due to a student's migrant status;
- Absences due to an approved activity that is consistent with district policy and is mutually agreed upon by the principal or designee and a parent, guardian, or emancipated youth; and
- Absences due to the student's lack of necessary instructional tools, including internet access or connectivity.
- In the event of emergency school facility closure due to COVID-19, other communicable disease outbreak, natural disaster, or other event when districts are required to provide synchronous and asynchronous instruction, absences due to the following reasons must be excused:
- Absences related to the student's illness, health condition, or medical appointments due to COVID-19 or other communicable disease;
- Absences related to caring for a family member who has an illness, health condition, or medical appointment due to COVID-19, other communicable disease, or other emergency health condition related to school facility closures;
- Absences related to the student's family obligations during regularly scheduled school hours that are temporarily necessary because of school facility closures, until other arrangements can be made; and
- Absences due to the student's parent's work schedule or other obligations during regularly scheduled school hours, until other arrangements can be made.
- The District may define additional categories or criteria for excused absences. A school principal or designee has the authority to determine if an absence meets this policy according to the above criteria for an excused absence.
- In the event that a child in elementary school is required to attend school under RCW 28A.225.010 or 28A.225.015(1) and has five or more excused absences in a single month during the current school year, or ten or more excused absences in the current school year, the school district shall schedule a conference or conferences with the parent/guardian and child at a time reasonably convenient for all persons included for the purpose of identifying the barriers to the child’s regular attendance, and the supports and resources that may be made available to the family so that the child is able to regularly attend school. To satisfy the requirements of this section, the conference must include at least one school district employee such as a nurse, counselor, social worker, teacher, or community human services provider, except in those instances regarding the attendance of a child who has an individualized education program or a plan developed under section 504 of the rehabilitation act of 1973, in which case the reconvening of the team that created the program or plan is required.
This conference is not required if the school has received prior notice of a doctor’s note has been provided and an academic plan put into place so that the child does not fall behind.
- If an absence is excused, the student will be permitted to make up all missed assignments outside of class under reasonable conditions and time limits established by the appropriate teacher; where reasonable, if a student misses a participation-type class, they can request an alternative assignment that aligns with the learning goals of the activity missed.
- An excused absence will be verified by a parent/guardian or an adult, emancipated or appropriately aged student, or school authority responsible for the absence. If attendance is taken electronically, either for a course conducted online or for students physically within the district, an absence will default to unexcused until such time as an excused absence may be verified by a parent or other responsible adult. If a student is to be released for health care related to family planning or abortion, the student may require that the district keep the information confidential. Students thirteen and older have the right to keep information about drug, alcohol or mental health treatment confidential. Students fourteen and older have the same confidentiality rights regarding HIV and sexually transmitted diseases.
B. Unexcused Absences
Any absence from school for the majority of hours or periods in an average school day and the parent, guardian or adult student fails to submit any type of excuse statement by telephone, e-mail, or in writing. An absence will also be unexcused if the excuse submitted does not meet the criteria above or in administrative procedure for an excused absence.
A student’s grade may be affected if a graded activity or assignment occurs during the period of time when the student is absent, and that absence is not excused.
- The school will notify a student’s parent or guardian in writing or by telephone whenever the student has failed to attend school after one unexcused absence within any month during the current school year. The notification will include the potential consequences of additional unexcused absences. The school will make reasonable efforts to provide this information in a language the parent understands.
- The school will hold a conference with the parent or guardian after three unexcused absences within any month during the current school year. The conference will analyze the causes of the student’s absences and develop a plan that identifies student, school, and family commitments to reduce the student’s absences from school. If the parent does not attend the conference, the school official may still hold to conference with the student. However, the school will notify the parent of the steps the district has decided to take to eliminate or reduce the student’s absences.
- Between the second and seventh unexcused absence, the school must take the following data-informed steps:
- Middle and high school students will be administered the Washington Assessment of the Risks and Needs of Students (WARNS) or other assessment.
- These steps must include, where appropriate, providing an available approved best practice or research-based intervention, or both, consistent with the WARNS profile or other assessment, if an assessment was applied, adjusting the child’s school program or school or course assignment, providing more individualized or remedial instruction, providing appropriate vocational coursed or work experience, referring the child to a community engagement board, requiring the child to attend alternative school or program, or assisting the parent or child to obtain supplementary services that might eliminate or ameliorate the cause or causes for the absence.
- For any child with an existing individualized education plan or 504 plan, these steps must include the convening of the child’s individualized education plan or 504 plan team, including a behavior specialist or mental health specialist where appropriate, to consider the reasons for the absences. If necessary, and if consent from the parent or guardian is given, a functional behavior assessment to explore the function of the absence behavior should be allowed for the behavior plan to be initiated and data tracked to determine progress.
- Not later than the seventh unexcused absence in a month the district will enter into an agreement with the student and parents or guardians that establishes school attendance requirements, refer the student to a community engagement board or file a petition and affidavit with the Benton County Juvenile Court alleging a violation or RCW 28A.225.010.
- Schools can determine whether to file the Truancy Petition against the parent, the student, or both. Generally, if the student is in elementary school, it’s deemed the parent’s responsibility to see their child attends school regularly and communicates with the school regarding all absences. Schools will therefore typically file a truancy petition on the parent of the elementary school students. For middle and high school students, the school will file the truancy petition on the student, but can also file on the parent, or both.
C. Chronic Absenteeism
Chronic absences, as defined by the Office of Superintendent of Public Instruction (OSPI), is when a student misses 10% or more of their school days, whether the absences are excused or unexcused. Ten percent equates to missing two days a month, or 18 days a year. Every absence, excused or unexcused, is a learning opportunity lost and can have significant impacts on a student’s success in school. In order to address chronic absenteeism, the district will follow the steps addressed above.
The superintendent will enforce the district’s attendance policies and procedure. Because the full knowledge and cooperation of students and parents are necessary for the success of the policies and procedures, procedures will be disseminated broadly and made available to parents and students annually.
III. OTHER GUIDANCE FOR ABSENCES
A. Tiered response system for student absences
WAC 392-401A-045 requires School districts to implement minimum requirements of a multitiered system of support for attendance to address barriers to student attendance, provide timely interventions and best practices to reduce chronic absenteeism and truancy. Multitiered systems of support include:
- Monitoring daily attendance data for all students who are absent, whether the absence is excused or unexcused;
- A process to contact families and verify current contact information for each enrolled student that includes multiple attempts and modalities in the parent's home language;
- Differentiated supports that address the barriers to attendance and participation that includes universal supports for all students and tiered interventions for students at-risk of and experiencing chronic absence, including school and district attendance or engagement teams, connecting to community resources, and community engagement boards; and
- A process for outreach and reengagement for students who have been withdrawn due to nonattendance and there is no evidence that the student is enrolled elsewhere. This outreach and reengagement process must include:
- A school and/or district point person/people to maintain the list, keep it updated, and coordinate the outreach;
- School or district staff assigned to conduct the outreach and attempts at reengagement in coordination with community partners or other programs;
- Multiple methods of communication and outreach in a language or mode of communication that the parent understands including phone calls, texts, letters, and home visits;
- Referral to community-based organizations;
- Documentation of the attempts to reach student and family; and (vi) Follow the required steps to address unexcused absences in chapter 28A.225 RCW, including early communication to parents, holding parent conferences and administering a truancy screener to understand the underlying reasons for the absences, and providing evidence-based or best practice interventions, even if the student has been withdrawn due to nonattendance.
B. Students dependent pursuant to Chapter 13.34, RCW
A school district representative or certificated staff member will review unexpected or excessive absences of a student who has been found dependent under the Juvenile Court Act with that student and adults involved with that student. Adults includes the student’s caseworker, educational liaison, attorney if one is appointed, parent or guardians, foster parents and/or the person providing placement for the student. The review will take into consideration the cause of the absences, unplanned school transitions, periods of running from care, in-patient treatment, incarceration, school adjustment, educational gaps, psychosocial issues, and the student’s unavoidable appointments that occur during the school day. The representative or staff member must proactively support the student’s management of their schoolwork.
C. Migrant Students
The district, parent/guardian and student are encouraged to work to create an Extended Absence Agreement with the school to decrease the risk of an adverse effect on the student’s educational progress.
Adoption Date: 11.02
Revised Dates: 11.16; 9.17; 12.20; 4.24
3122P - Excused and Unexcused Absences
Policy: 3122P
Section: 3000 - Instruction
Procedure Excused and Unexcused Absence
Students are expected to attend all assigned classes each day. Teachers shall keep a record of absences and tardies and submit them daily as required by the attendance office.
Section I – Unexcused Absences
A. All Students
The school shall notify a student’s parent or guardian in writing or by telephone whenever the student has failed to attend school after one unexcused absence. The notification will include the potential consequences of additional unexcused absences. If the parent is not fluent in English, the school must make reasonable efforts to provide this information in a language in which the parent is fluent.
A conference with the parent or guardian shall be held after two unexcused absences within a 30-day period. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school may schedule this conference on that day. At such conference a school staff member, student and parents will take steps to ameliorate the cause for the student’s absences from school. If the parent does not attend the conference, the parent will be notified of the steps the district has decided to take to reduce the students’ absences. Corrective action may include:
- Adjusting schedule or assignments;
- Providing more individual or remedial instruction where appropriate;
- Referring the child to a community truancy board; and /or
- Assisting parent or child to obtain supplementary services that might eliminate or ameliorate the cause or causes for the absence from school.
No later than the fifth unexcused absence in a month:
- Enter into an agreement with a student and parent that establishes school attendance requirements;
- Refer a student to a community truancy board; or
- File a petition with the Juvenile Court of Benton County.
The petition may be filed by a school district employee who is not an attorney.
A petition under this regulation shall consist of a written notification to the court alleging that:
- The child has unexcused absences;
- The actions taken by the school/district have not been successful in substantially reducing the child’s absences from school; and
- The court intervention and supervision are necessary to assist the school/district to reduce the child’s absences from school.
After seven unexcused absences within a month or 10 unexcused absences in a school year, the District shall file a petition and supporting affidavit for a civil action with Juvenile Court of Benton County alleging a violation of the attendance laws:
- By the parent;
- By the child; or
- By the parent and the child.
The petition must include a list of all interventions that have been attempted, include a copy of any previous truancy assessment completed by the child’s current school district, the history of approved best practices intervention or research-based intervention previously provided to the child by the child’s current school district and a copy of the most recent truancy information document signed by the parent and child
B. Secondary Students
On the first unexcused absence, parents will be contacted by the school and the student may be assigned to Academy (after school detention) or other corrective action.
After the second unexcused absence in one month, the student may be assigned Academy (after school detention) or other corrective action until a student/parent/counselor/administrator conference can be held. In an effort to eliminate or reduce student absences, the District will take corrective action which shall include, where appropriate, adjusting the student’s program of studies, school, course assignment, providing more individualized or remedial instruction, preparing the student for employment with specific vocational courses or work experience, or both , and assisting the parent or student to identify and explore supplementary services that might eliminate the cause(s) for the absences from school.
Section II – Excused Absences
A. Elementary Students
If an elementary school student has five or more excused absences in a single month during the current school year or ten or more excused absences in the current school year, the district will schedule a conference with the student and their parent(s) at a reasonably convenient time. The conference is intended to identify barriers to the student’s regular attendance and to identify supports and resources so the student may regularly attend school. Enter into an agreement with the student and parent(s) to establish school attendance requirements.
The conference must include at least one school district employee, preferably a nurse, counselor, social worker, teacher or community human service provider, and may occur on the same day as the scheduled parent-teacher conference, provided it takes place within thirty days of the absences. If the student has an Individualized Education Program or a Section 504 Plan, the team that created that program must reconvene.
A conference is not required if prior notice of the excused absences was provided to the district or if a doctor’s note has been provided and a plan is in place to ensure the student will not fall behind in their coursework.
Students are allowed fifteen (15) excused absences in a school year. Each absence thereafter is considered unexcused. The principal may make exceptions when parents can demonstrate justifiable cause for the excessive absences (i.e., long-term illness, etc.).
B. Seniors
Excessive absences: Absences occurring during a student’s senior year will be monitored by the principal or his designee on a continuing basis with communication to student/parents/guardians commencing when lack of attendance could be a factor in the successful completion of graduation requirements.
C. All Students
In the event that excused absences impede the educational success of a student, a building administrator will initiate any of the following actions:
- When a student is absent for Four (4) consecutive days the administrator may require a doctor’s note.
- When a student accumulates ten (10) excused absences in a semester, the parent or guardian will be contacted and the attendance record will be reviewed.
- When a student accumulates fifteen (15) excused absences in a year, a conference will be required. The conference will include the student (when appropriate), the parent, a counselor and an administrator. A Plan to insure regular attendance will be written and signed by participants of the conference. If the child’s parent does not attend the scheduled conference, the conference may be conducted with the student and school official. The parent shall be notified of the steps to be taken to eliminate or reduce the child’s absence.
Students are allowed fifteen (15) excused absences in a school year. Each absence thereafter is considered unexcused. The principal may make exceptions when parents can demonstrate justifiable cause for the excessive absences (i.e., long-term illness, etc.).
All sanctions imposed for failure to comply with the attendance policies and procedures shall be implemented in conformance with state and district regulations.
The student shall assume the responsibility to make arrangements with each teacher to make up missed assignments for all absences.
Section III. Transfers
In the case of a student who transfers from one district to another during the school year, the sending district will provide to the receiving district, history of any best practices or researched-based intervention previously provided to the child, together with a copy of the WARNS assessment and any interventions previously provided to the student, the most recent truancy information including any online or written acknowledgement by the parent and child, as provided for in RCW 28A.225.005.
Section IV. Community Truancy Board
The district will designate and identify to the juvenile court (and update as necessary) a staff member to coordinate district efforts to address excessive absenteeism and truancy, including outreach and conferences, coordinating the MOU, establishing protocols and procedures with the court, and coordinating trainings.
Section V. Petition to Juvenile Court
The petition will contain the following:
- A statement that the student has unexcused absences in the current school year;
- An attestation that actions taken by the school district have not been successful in substantially reducing the student’s absences from school.
- A statement that court intervention and supervision are necessary to assist the school district to reduce the student’s absences from school;
- A statement that RCW 28A.225.010 has been violated by the parent, student or parent and student;
- The student’s name, date of birth, school, address, gender, race and ethnicity; and the names and addresses of the student’s parents/guardians, whether the student and parent are fluent in English, whether there is an existing individualized education program (IEP) and the student’s current academic status in school;
- A list of all interventions that have been attempted, a copy of any previous truancy assessment completed by the student’s current school district, the history of approved best practices intervention or research-based intervention(s) previously provided to the student by the district, and a copy of the most recent truancy information document signed by the parent and student.
- Facts that support the above allegations.
Petitions may be served by certified mail, return receipt requested, but if such service is unsuccessful, personal service is required.
Adoption Date:
Kiona-Benton City School District
Revised Dates: 11.14.16
3123 - Withdrawal Prior to Graduation
Policy: 3123
Section: 3000 - Students
Withdrawal Prior To Graduation
Students age 16 or older identified by themselves or staff as potential dropouts will become a focus of attention in the following manner:
- Each student and his/her counselor will meet for the purpose of discussing the reason for desiring to withdraw from school and the student's plans for the future, including the educational, counseling and related services which are available within the school and/or community.
- The counselor and the student's teachers will meet to discuss the student's present status and to identify program modifications and/or options that will meet the student's present and future needs.
- The student, parent or guardian, counselor and principal will review all pertinent information and the options that are available to the student and his/her parents with parent, counselor, and principal.
Reasonable efforts will be made to persuade the student to remain in school and complete requirements for a diploma. If unsuccessful, staff will attempt to find placement in an appropriate alternative educational setting. Failing that, the principal will determine if there is sufficient ground to excuse the student from continued compulsory attendance. If there is, the principal will recommend to the superintendent that the student be excused from further school attendance.
No student under the age of 18 will be permitted to withdraw unless he or she is lawfully and regularly employed and either a parent agrees that the student should not be required to attend school, or the student has been emancipated in accordance with Chapter 13.64 RCW. No student under the age of 16 will be permitted to withdraw from further school attendance unless another exception to compulsory attendance has been met.
The superintendent will provide the board an annual early withdrawal report which outlines the age and grade level for each student, the reason(s) for leaving and any follow-up data that has been collected after the student has withdrawn.
| Cross References: |
2163 – Response to Intervention |
|---|---|
| Legal References: |
RCW 28A.225.010 Attendance mandatory — Age —Exceptions |
Adoption Date: 08.19.02
Kiona-Benton City School District
Classification: Priority
Revised Dates: 08.08.16
3124 - Removal/Release of Student During School Hours
Policy: 3124
Section: 3000 - Students
Removal-Release of Student During School Hours
The board recognizes its responsibility for the proper care of students during school hours. Students will not be removed from school grounds, any school building or school function during school hours except by a person authorized according to district procedures. Before a student is removed or excused, the person seeking to remove the student must present to the satisfaction of the superintendent or principal evidence of his/her proper authority to remove the student. A teacher should not excuse a student from class to confer with anyone unless the request is approved by the principal. The superintendent is directed to establish procedures for the removal of a student during school hours.
Prior to sending a student to his/her home for illness, discipline or a corrective action, the principal will attempt to reach the student's parent to inform him/her of the school's action and to request that he/she come to the school for the child. If the principal cannot reach the parent, the student will remain at school until the close of the school day. A student may be released to a law enforcement officer in accordance with the district policy.
| Cross References: |
4310 - District Relationships with Law Enforcement and other Government Agencies |
|---|---|
| Legal References: | RCW 28A.605.010 Removing child from school grounds during school hours |
Adoption Date: 08.19.02
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3126 - Child Custody
Policy: 3126
Section: 3000 - Students
Child Custody
The board of directors presumes that the person who enrolls a student in school is the residential parent of the student. The residential parent is responsible for decisions regarding the day-to-day care and control of student. Parents or legal guardians have rights to receive information contained in the school records concerning their child and to forbid or permit the disclosure of such information to others, subject to the authority granted to the residential parent.
The board, unless informed otherwise, assumes that there are no restrictions regarding the nonresidential parent's right to be kept informed of the student's school progress and activities. If restrictions are made relative to the above rights, the residential parent will be requested to submit a certified copy of the court order that curtails these right(s). If these rights are questioned by the nonresidential parent, the issue will be referred to law enforcement authorities for resolution.
Unless there are court-imposed restrictions, the nonresidential parent, upon request, will be given grade reports, notices of school activities, reports of disciplinary actions, or notices of teacher or principal conferences or summaries.
If there is a court order on file with the district that restricts and/or prohibits any parent or other person from contact with a student at school or picking up a student from school, then the district will not permit the student to visit with or be released to that parent, or other person.
| Cross References: |
4310 - District Relationships with Law Enforcement and other Government Agencies |
|---|---|
| Legal References: |
CFR 45, Part 99 Family education rights and privacy act |
| Management Resources: |
2012 - December Issue |
Adoption Date: 9/2/2016
Kiona-Benton City School District
Classification: Priority
Revised Dates:
3140 - Release of Resident Students
Policy: 3140
Section: 3000 - Students
Release of Resident Students
A student who resides within the boundaries of the district will be released to 1) attend another school district, or 2) enroll for ancillary services, if any, in another district as specified in the parental declaration of intent to provide home-based instruction, provided the other district agrees to accept the student if:
- A financial, educational, safety or health condition affecting the student would be reasonably improved as a result of the transfer;
- Attendance at the school in the nonresident district is more accessible to the parent’s place of work or to the location of child care;
- There is some other special hardship or detrimental condition affecting the student or the student’s immediate family which would be alleviated as a result of the transfer. Special hardship or detrimental conditions include a student who becomes a resident of the district in mid-year. Such a student may apply for a release to complete the current school year only in his or her former district of residence, if transferring mid-year would create a special hardship or detrimental condition; or
- The student is a child of a full-time certificated or classified school employee.
In all cases in which a resident student is released, the student or the student’s parent(s) will be solely responsible for transportation, except that a student may ride on an established district bus route if the superintendent determines that the district would incur no additional cost.
A parent or guardian will request the release of his/her child by completing the appropriate district form including the basis for the request and the signature of the superintendent, or his or her designee, of the school district which the student will attend.
The superintendent will grant or deny the request for release according to the above-stated criteria, and promptly notify the parent in writing of his/her decision.
If the request is granted, the superintendent will notify the nonresident district and make necessary arrangements for the transfer of student records.
If the request is denied, the superintendent will notify the parent of the right to petition the board, upon five school business days prior notice, for review of the decision and to have a hearing before the board at its next regular meeting. Following the hearing by the board, a final decision will be promptly communicated to the parent in writing.
If the request for release is denied by the board, the written decision will inform the parent or guardian of the right to appeal such decision to the superintendent of public instruction.
Each school district board of directors annually will inform parents of the district’s interdistrict enrollment options and parental involvement opportunities. Information on interdistrict acceptance policies will be provided to nonresidents on request. Providing online access to the information satisfies the requirements of this policy unless a parent or guardian specifically requests information to be provided in written form.
| Legal References: |
RCW 28A.225.220 Adults, children from other districts, agreements for attending school —Tuition |
|---|---|
| Management Resources: |
2011 – December Issue |
Adoption Date: 11.04.02
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3141 - Non-Resident Students
Policy: 3141
Section: 3000 – Students
Nonresident Students
Consistent with Chapter 28A.225 RCW, any student who resides outside the district may apply to attend a school in the district or file the parental declaration of the intent to provide home-based instruction and enroll for ancillary services, if any. All applications for nonresident attendance or home-based instruction will be considered on an equal basis.
The Kiona-Benton Board of Directors annually will inform parents of the interdistrict enrollment options and parental involvement opportunities. Information on interdistrict acceptance policies will be provided to nonresidents on request. Providing online access to the information satisfies the requirements of this policy unless a parent or guardian specifically requests information to be provided in written form. The district will not charge any transfer fees or tuition costs for enrolling eligible nonresident students.
A parent or guardian will apply for admission on behalf of his or her child by completing the appropriate district application. The superintendent will develop an application form which contains information including, but not limited to, the current legal residence of the child and the school district in which he or she is currently enrolled or receiving home-based instruction, the basis for requesting release from the resident district and the specific building and grade level (elementary) or course offerings (secondary) in which the student desires to be enrolled if accepted by the district.
A student who resides in a district that does not operate a secondary program will be permitted to enroll in secondary schools in this district in accordance with state law and regulation relating to the financial responsibility of the resident district.
Standards for accepting or rejecting an application
The superintendent will accept or reject an application for nonresident admission based upon the following standards:
- Whether acceptance of a nonresident student would result in the district experiencing significant financial hardship (“financial hardship” does not include routine programmatic costs associated with serving additional disabled or non-disabled students);
- Whether in the grade level or class at the building in which the student desires to be enrolled has the capacity for additional students;
- Whether appropriate educational programs or services are available to improve the student’s condition as stated in requesting release from his or her district of residence;
- Whether the student’s disciplinary records or other documentation indicate a history of violent or disruptive behavior or gang membership (a gang means a group of three or more persons with identifiable leadership that on an ongoing basis regularly conspires and acts in concert mainly for criminal purposes);
- Whether the student has been expelled or suspended from a public school for more than ten consecutive days, in which case the student may apply for admission under the district’s policy for readmission and reengagement of suspended or expelled students; and
- Whether enrollment of a nonresident student would conflict with a district innovation academy cooperative under RCW 28A.340.080.
Admission or denial: Notice of decision and appeal of decision
The superintendent in a timely manner will provide all applicants with written notification of the approval or denial of a nonresident student's enrollment application. If the student is to be admitted, the superintendent or the superintendent's designee will notify the resident district and make necessary arrangements for the transfer of student records.
If the application is denied, the superintendent will notify the parent or guardian of the reason(s) for denial and the right to petition the board of directors, upon five school business day’s prior notice, for review of the decision and to have a hearing before the board at its next regular meeting. Following the hearing by the board, a final decision will be promptly communicated to the parent in writing.
The final decision of the district to deny the admission of a nonresident student may be appealed to the Superintendent of Public Instruction or his or her designee pursuant to the process detailed in RCW 28A.224.230(3).
Children of full-time employees
- Pursuant to RCW 28A.225.225, a nonresident student who is the child of a full-time certificated or classified employee will be permitted to enroll:
- At the school to which the employee is assigned;
- At a school forming the district’s kindergarten through twelfth grade continuum which includes the school to which the employee is assigned; or
- At a school in the district that provides early intervention services pursuant to RCW 28A.155.065 and/or preschool services pursuant to RCW 28A.155.070, if the student is eligible for such services.
- The district may reject the application of a student who is the child of a full-time employee if:
- Disciplinary records or other evidence supports a conclusion that the student has a history of convictions, violent or disruptive behavior or gang membership; or
- The student has been expelled or suspended from a public school for more than ten consecutive days (however, the district’s policies for allowing readmission of expelled or suspended students and the required reengagement procedures under this rule must apply uniformly to both resident and nonresident applicants seeking admission, pursuant to RCW 28A.225.225(2)(b));
- Enrollment of the nonresident child would displace a child who is a resident of the district.
- If a nonresident student is the child of a full-time employee and has been enrolled under Section 1 above, the student must be permitted to remain enrolled at the same school or in the district’s kindergarten through twelfth grade continuum until:
- The student completes their schooling; or
- The student has repeatedly failed to comply with requirements for participation in an online school program, such as participating in weekly direct contact with the teacher or monthly progress evaluations.
| Cross References: |
3120 - Enrollment |
|---|---|
| Legal References: |
RCW 28A.225.220 Adults, children from other districts, agreements for attending school — Tuition |
| Management Resources: |
2015 – October Policy Issue Policy News, June 2003 Enrolling children of School Employees Policy News, September 1999 School safety bills impact policy |
Adoption Date: 11.04.02
Kiona-Benton City School District
Classification: Essential
3143 - District Notification of Juvenile Offenders
Policy: 3143
Section: 3000 - Students
District Notification of Juvenile Offenders
A court will notify the common school in which a student is enrolled if the student has been convicted, adjudicated, or entered into a diversion agreement for any of the following offenses: a violent offense, a sex offense, a firearms offense, inhaling toxic fumes, a drug offense, liquor offense, assault, kidnapping, harassment, stalking or arson. The principal must inform any teacher of the student and any other personnel who should be aware of the information. The information may not be further disseminated.
A student convicted, adjudicated, or entering into a diversion agreement for an assault, kidnapping, harassment, stalking, or arson against a teacher will not be assigned to that teacher’s classroom during the duration of the student’s attendance at that school or any school to which the teacher is assigned. Neither will the student be assigned to a classroom where another student who was his or her victim for the offense is enrolled.
Convicted juvenile sex offenders will not attend a school attended by their adjudicated victims or a victim’s sibling. The offender and his or her parent or guardian will be responsible for providing transportation or covering other costs related to the offender’s attendance at another school.
The state Department of Social and Health Services (DSHS) will notify the board of directors in writing at least thirty days before a juvenile convicted of a violent offense, a sex offense or stalking is discharged, paroled, given authorized leave or otherwise released to reside in the district. The DSHS Sex Offender School Attendance Program assists with ensuring that juvenile sex offenders, committed to Juvenile Rehabilitation Administration (JRA), do not enroll in the same school as their victim or victims’ siblings. If there is a conflict in schools, DSHS program staff will work with JRA to have the offender moved to another school.
A community residential facility to which an adjudicated juvenile is transferred will provide written notice of the offender’s criminal history to the district if the juvenile is attending school in the district while residing at the community residential facility.
| Cross References: |
4315 - Release Of Information Concerning Sexual And Kidnapping Offenders |
|---|---|
| Legal References: |
RCW 13.04.155 Notification to school principal of conviction, adjudication, or diversion agreement - Provision of information to teachers and other personnel — Confidentiality |
| Management Resources: |
2010 - October Issue |
Adoption Date: 9/2/2016
Kiona-Benton City School District
Classification: Priority
Revised Dates:
3144 - Notification and Dissemination of Information about Student Offenses and Notification of Threats of Violence or Harm
Policy: 3144
Section: 3000 - Students
Notification and Dissemination of Information about Student Offenses and Notification of Threats of Violence or Harm
The Kiona – Benton City School District/Public School is committed to providing a safe and secure environment for all its students and staff. All students, including those who have committed or been adjudicated for offenses, have constitutional rights to public education.
A. Notification of Student Offenses from County Sheriff’s Office, Courts, Department of Social and Health Services, Department of Corrections, and Other School Districts.
The district receives notices and information about student offenders from several statutorily authorized sources, including the county sheriff’s office, the courts, the department of social and health services, the department of corrections, and other school districts where the student previously enrolled. The district will take appropriate precautionary measures when it receives notices and information of student offenses from any of these sources. Student discipline, if any, will be consistent with 3241 – Student Discipline.
The superintendent, or his or her designee, and school principals play an important role in determining and implementing appropriate precautionary measures relating to notices and information about student offenses. If the superintendent, a designee of the superintendent, or a principal of a school receives student offense information under RCW 28A.225.330 (notifications from other school districts), 9A.44.138 (sheriff notifications to school districts), 13.04.155 (court notifications to school districts), 13.40.215 (department of children, youth, and families notifications to school districts), or 72.09.730 (department of corrections notifications to school districts), the following notification provisions will be followed.
1. Sex Offenses and Registered Sex or Kidnapping Offenders.
a. Superintendent or Designee. Upon receipt of information about sex offenses as defined in RCW 9.94A.030 or upon receipt of information about registered sex or kidnapping offenders pursuant to RCW 9A.44.138, the superintendent or his or her designee will provide the information to the principal of the school where the student is enrolled or will enroll—or, if not known, where the student was most recently enrolled.
b. Principals. When the principal receives the information described above, he or she must then disclose the information as follows.
If the student is classified as a risk level II or III, the principal shall provide the information received to every teacher of the student and to any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student’s record.
If the student is classified as a risk level I, the principal shall provide the information received only to personnel who, in the judgment of the principal, for security purposes should be aware of the student’s record.
c. Convicted Juvenile Sex Offenders Attendance at Victims School. Convicted juvenile sex offenders are prohibited from attending the elementary, middle, or high school attended by their victims or their victims’ siblings. The parents or legal guardians of the convicted juvenile sex offender shall be responsible for providing transportation or covering other costs associated with or required by the sex offender’s change in school.
The Department of Social and Health Services (DSHS) Sex Offender School Attendance Program assists with ensuring that juvenile sex offenders, committed to Juvenile Rehabilitation Administration (JRA), do not enroll in the same school as their victim or their victims’ siblings. If there is a conflict in schools, DSHS program staff will work with JRA to have the offender moved to another school.
d. Collaboration. The principal or designee will consult and collaborate with department of corrections, juvenile justice staff, treatment providers, victim support groups, and families, as applicable, when working with students required to register as a sex or kidnapping offender.
e. Inquiries by the Public. Law enforcement agencies receive relevant information about the release of sex and kidnapping offenders into communities and decide when such information needs to be released to the public. Therefore, district and school staff will refer all inquiries by the public at large (including parents and students) regarding students required to register as a sex or kidnapping offender directly to law enforcement.
2. Violent Offenses, Firearms and Dangerous Weapons Crimes, Unlawful Possession or Delivery of Controlled Substances, or School Disciplinary Actions.
a. Superintendent or Designee. Upon receipt of information about a violent offense as defined in RCW 9.94A.030, any crime under chapter 9.41 RCW, unlawful possession or delivery, or both, of a controlled substance in violation of chapter 69.50 RCW, or a school disciplinary action, the superintendent or designee will provide the information to the principal of the school where the student is enrolled or will enrolled—or, if not known, where the student was most recently enrolled.
b. Principals. When the principal, receives the information described above, he or she, has discretion to share the information with a district staff member if, in the principal’s judgment, the information is necessary for:
- The staff member to supervise the student;
- The staff member to provide or refer the student to therapeutic or behavioral health services; or
- Security purposes.
School principals and staff should use care not to allow a student’s demographic or personal characteristics to bias the decision of whether to share information received.
Upon receipt of information about an adjudication in juvenile court for an unlawful possession of a controlled substance in violation of chapter 69.50 RCW, the principal must notify the student and the parent or legal guardian at least five days before sharing the information with a district staff member.
If either the student or the student's parent or legal guardian objects to the proposed sharing of the information, the student, the student's parent or legal guardian, or both, may, within five business days of receiving notice from the principal, appeal the decision to share the information with staff to the superintendent of the district in accordance with procedures developed by the district.
The superintendent shall have five business days after receiving an appeal under the above to make a written determination on the matter. Determinations by the superintendent under this subsection are final and not subject to further appeal.
A principal may not share adjudication information under this subsection with a district staff member while an appeal is pending.
3. Public Records Act.
Any information received by district staff under this section is exempt from disclosure under the public records act (chapter 42.56 RCW) and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994 (20 U.S.C. Sec. 1232g et seq.).
4. Assignment of Student Offenders to Certain Classrooms.
A student committing an offense under chapter 9A.36 (assault), 9A.40 (kidnapping, unlawful imprisonment, custodial interference, luring, trafficking, and coercion of involuntary servitude), 9A.46 (harassment), or 9A.48 RCW (arson, reckless burning, and malicious mischief) when the activity is directed toward the teacher, shall not be assigned to that teacher’s classroom for the duration of the student’s attendance at that school or any other school where the teacher is assigned.
A student who commits an offense under chapter 9A.36 (assault), 9A.40 (kidnapping, unlawful imprisonment, custodial interference, luring, trafficking, and coercion of involuntary servitude), 9A.46 (harassment), or 9A.48 RCW (arson, reckless burning, and malicious mischief), when directed toward another student, may be removed from the classroom of the victim for the duration of the student's attendance at that school or any other school where the victim is enrolled.
B. Notification of Threats of Violence or Harm.
Students and school employees who are subjects of threats of violence or harm will be notified of the threats in a timely manner. “Threats of violence or harm” means direct or indirect communications by any means of the intent to inflict physical harm upon a specific individual or individuals or that place a person in fear of the imminent likelihood of serious harm.
The district will assess and address potential threats of violence or harm in a manner consistent with Policy and Procedure 3225 – School-Based Threat Assessment, other safety policies, and comprehensive safe school plans. In instances where the threat is deemed moderate risk or high risk or requires further intervention to prevent violence or serious harm, the school administrator shall notify the parent and/or guardian of any student who is the target/recipient of a threat as well as the parent and/or guardian of any student who made the threat. The district will ensure that the notice is in a language the parent and/or guardian understands, which may require language assistance for parents or guardians with limited-English proficiency under Title VI of the Civil Rights Act of 1964.
If there is a specific and significant threat to the health or safety of a student or other individuals, the district may disclose information from education records to appropriate parties whose knowledge of the information is necessary. Timing and details of the notice will be as extensive as permitted by the federal Family Educational Rights and Privacy Act, other legal limitations, and the circumstances.
The district may use information about a threat of harm or violence in connection with student discipline consistent with Policy and Procedure 3241 – Student Discipline.
The district, board, school officials, and school employees providing notice in good faith as required and consistent with the board’s policies are immune from any liability arising out of such notification. A person who intentionally and in bad faith or maliciously, knowingly makes a false notification of a threat under this section is guilty of a misdemeanor punishable under RCW 9A.20.021.
C. Immunity.
Any school district or district employee who releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.
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Cross References: |
2161 - Special Education and Related Services for Eligible Students |
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2162 - Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 1973 |
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3120 - Enrollment |
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3140 - Release of Resident Students |
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3207 - Prohibition of Harassment, Intimidation, and Bullying |
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3225 - School-Based Threat Assessment |
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3231 - Student Records |
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3241 - Student Discipline |
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4020 - Confidential Communications |
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5281 - Disciplinary Action and Discharge |
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6513 - Workplace Violence Prevention |
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Legal References: |
RCW 13.04.155 Notification to school principal of conviction, adjudication, or diversion agreement - Provision of information to teachers and other personnel — Confidentiality |
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RCW 13.40.215 Juveniles found to have committed violent or sex offense or stalking — Notification of discharge, parole, leave, release, transfer, or escape — To whom given — School attendance — Definitions |
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RCW 28A.600.460 Classroom discipline — Policies - Classroom placement of student offenders — Data on disciplinary actions |
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RCW 4.24.550 Sex offenders and kidnapping offenders — Release of information to public — Web site |
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RCW 9A.44.130 Registration of sex offenders and kidnapping offenders — Procedures — Definition — Penalties |
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RCW 28A.225.330 Enrolling students from other districts — Requests for information and permanent records — Withheld transcripts — Immunity from liability — Notification to teachers and security personnel — Rules |
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RCW 28A.320.128 Notice and disclosure policies — Threats of violence — Student conduct — Immunity for good faith notice — Penalty |
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RCW 28A.320; 2020 c 167 § 1 – Notification provisions |
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RCW 72.09.345 Sex offenders — Release of information to protect public — End-of-sentence review committee — Assessment — Records access — Review, classification, referral of offenders — Issuance of narrative notices |
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WAC 392-400 Student Discipline |
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20 U.S.C. 1232g; 34 C.F.R. Part 99 Family Educational Rights and Privacy Act Article IX, Section 1, Washington State Constitution |
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Management Resources: |
2018 - December 2018 - December Policy Issue |
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2018 - August 2018 - August Policy Issue |
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2010 - October Issue |
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Policy News, June 1999 School Safety Bills Impact Policy |
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Policy News, August 1997 Legislature addresses student discipline |
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2020 - August Issue |
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Adoption: 09.16
Classification: Essential
Revised Dates: 10.24
3200 - Rights and Responsibilities
Policy: 3200
Section: 3000 - Students
Rights and Responsibilities
Each year, the superintendent will develop and make available to all students, their parents and staff handbooks pertaining to student rights, conduct, corrective actions and discipline. Such statements will be developed with the participation of parents and the community. The school principal and staff will confer at least annually to develop and/or review student conduct standards and the uniform enforcement of those standards as related to the established student handbooks. They will also confer annually to establish criteria for determining when certificated employees must complete classes to improve classroom management skills.
All students who attend the district's schools will comply with the written policies, rules and regulations of the schools, will pursue the required course of studies, and will submit to the authority of staff of the schools, subject to such corrective action or discipline as the school officials will determine.
| Legal References: |
RCW 28A.150.240 Certificated teaching and administrative staff as accountable for classroom teaching — Scope — Responsibilities — Penalty |
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Adoption Date: 11.04.02
Kiona-Benton City School District
Classification: Priority
Revised Dates: 08.08.16
3205 - Sexual Harassment of Students Prohibited
Policy: 3205
Section: 3000 - Students
Sexual Harassment of Students Prohibited
The district is committed to a positive and productive education free from discrimination, including sexual harassment. This commitment extends to all students involved in academic, educational, extracurricular, athletic, and other programs or activities of the school, whether that program or activity is in a school facility, on school transportation or at a class or school training held elsewhere.
Definitions
For purposes of this policy, sexual harassment means unwelcome conduct or communication of a sexual nature. Sexual harassment can occur adult to student, student to student or can be carried out by a group of students or adults and will be investigated by the District even if the alleged harasser is not a part of the school staff or student body. The district prohibits sexual harassment of students by other students, employees, or third parties involved in school district activities.
The term “sexual harassment” may include:
- acts of sexual violence;
- unwelcome sexual or gender-directed conduct or communication that interferes with an individual’s educational performance or creates an intimidating, hostile, or offensive environment;
- unwelcome sexual advances;
- unwelcome requests for sexual favors;
- sexual demands when submission is a stated or implied condition of obtaining an educational benefit;
- sexual demands where submission or rejection is a factor in an academic, or other school-related decision affecting an individual.
A “hostile environment” has been created for a student when sexual harassment is sufficiently serious to interfere with or limit the student’s ability to participate in or benefit from the school’s program. The more severe the conduct, the less need there is to demonstrate a repetitive series of incidents. In fact, a single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe, violent, or egregious.
Investigation and Response
If the district knows, or reasonably should know, that sexual harassment has created a hostile environment, it will promptly investigate to determine what occurred and take appropriate steps to resolve the situation. If an investigation reveals that sexual harassment has created a hostile environment, the district will take prompt and effective steps reasonably calculated to end the sexual harassment, eliminate the hostile environment, prevent its recurrence and as appropriate, remedy its effects. The district will take prompt, equitable and remedial action within its authority on reports, complaints and grievances alleging sexual harassment that come to the attention of the district, either formally or informally. The district will take these steps every time a complaint, alleging sexual harassment comes to the attention of the district, either formally or informally.
Allegations of criminal misconduct will be reported to law enforcement and suspected child abuse will be reported to law enforcement or Child Protective Services. Regardless of whether the misconduct is reported to law enforcement, school staff will promptly investigate to determine what occurred and take appropriate steps to resolve the situation, to the extent that such investigation does not interfere with an ongoing criminal investigation. A criminal investigation does not relieve the district of its independent obligation to investigate and resolve sexual harassment.
Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending students, staff or other third parties involved in school district activities. Anyone else who engages in sexual harassment on school property or at school activities will have their access to school property and activities restricted, as appropriate.
Retaliation and False Allegations
Retaliation against any person who makes or is a witness in a sexual harassment complaint is prohibited and will result in appropriate discipline. The district will take appropriate actions to protect involved persons from retaliation.
It is a violation of this policy to knowingly report false allegations of sexual harassment. Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.
Staff Responsibilities
The superintendent will develop and implement formal and informal procedures for receiving, investigating and resolving complaints or reports of sexual harassment. The procedures will include reasonable and prompt time lines and delineate staff responsibilities under this policy.
Any school employee who witnesses sexual harassment or receives a report, informal complaint, or written complaint about sexual harassment is responsible for informing the district Title IX or Civil Rights Compliance Coordinator. All staff are also responsible for directing complainants to the formal complaint process.
Reports of discrimination and discriminatory harassment will be referred to the district’s Title IX/Civil Rights Compliance Coordinator. Reports of disability discrimination or harassment will be referred to the district’s Section 504 Coordinator.
District/school staff, including employees, contractors, and agents shall not provide a recommendation of employment for an employee, contractor, or agent that the district/school, or the individual acting on behalf of the district/school, knows or has probable cause to believe, has engaged in sexual misconduct with a student or minor in violation of the law.
Notice and Training
The superintendent will develop procedures to provide age-appropriate information and education to district staff, students, parents and volunteers regarding this policy and the recognition and prevention of sexual harassment. At a minimum sexual harassment recognition and prevention and the elements of this policy will be included in staff, student, and regular volunteer orientation. This policy and the procedure, which includes the complaint process, will be posted in each district building in a place available to staff, students, parents, volunteers, and visitors. Information about the policy and procedure will be clearly stated and conspicuously posted throughout each school building, provided to each employee and reproduced in each student, staff, volunteer, and parent handbook. Such notices will identify the District’s Title IX coordinator and provide contact information, including the coordinator’s email address.
Policy Review
The superintendent will make an annual report to the board reviewing the use and efficacy of this policy and related procedures. Recommendations for changes to this policy, if applicable, will be included in the report. The superintendent is encouraged to involve staff, students, volunteers, and parents in the review process.
| Cross References: |
3207 - Prohibition of Harassment, Intimidation, and Bullying |
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| Legal References: |
20 U.S.C. 1681-1688 |
| Management Resources: |
2020 – August Issue |
Adoption Date:
Classification: Essential
Revised Dates: 10.11; 12.14; 07.15; 03.19; 03.21
3205P - Sexual Harassment of Students Procedure
Policy: 3205P
Section: 3000 - Students
Procedure - Sexual Harassment of Students Prohibited
The procedure is intended to set forth the requirements of Policy 3205, including the process for a prompt, thorough, and equitable investigation of allegations of sexual harassment and the need to take appropriate steps to resolve such situations. If sexual harassment is found to have created a hostile environment, staff must take immediate action to eliminate the harassment, prevent its reoccurrence, and address its effects.
This procedure applies to sexual harassment (including sexual violence) targeted at students carried out by other students, employees or third parties involved in school district activities. Because students can experience the continuing effects of off-campus harassment in the educational setting, the district will consider the effects of off-campus conduct when evaluating whether there is a hostile environment on campus. The district has jurisdiction over these complaints pursuant to Title IX of the Education Amendments of 1972, Chapter 28A.640, RCW and Chapter 392-190 WAC.
Title IX Coordinator, Investigator, and Decision-maker
The district will designate and authorize one employee to act as “Title IX Coordinator” to coordinate the district’s state and federal sex discrimination and sexual harassment regulation compliance efforts. The decision-maker who reaches the final determination of responsibility for alleged Title IX sexual harassment will be the Superintendent or designee. The decision-maker cannot be the same person who serves as the Title IX Coordinator or the investigator of the Title IX complaint.
The Title IX coordinator’s name, title, office address, telephone number, and email address must be available on the district website; in handbooks/catalogs that are made available to staff, students, and parents; and in the district’s nondiscrimination statement.
Any individual designated as Title IX Coordinator, an investigator, or decision-maker, and any person who facilitates an informal resolution process must not have a conflict of interest or bias for or against the individual(s) who made the complaint (“complainant(s)”) or the individual(s) reported to be the perpetrator of the conduct that could constitute sexual harassment (“respondent(s)” in general or individually, and must receive training on the following:
- The definition of sexual harassment under Title IX and state law;
- The scope of the district’s education program or activity;
- How to conduct an investigation and grievance process and informal resolution process;
- How to serve impartially;
- Their responsibilities chapter WAC 392-190 WAC; and
- How to raise awareness of and eliminate bias based on sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal.
District investigators must also receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
District decision-makers must also receive training on any technology to be used during hearings if the district provides for a hearing, and on issues of relevance of questions and evidence, including the requirement that questions and evidence about a complainant’s sexual predisposition or prior sexual conduct are not relevant unless 1) such questions and evidence is offered to prove that someone other than the respondent committed the alleged conduct or 2) questions and evidence concerning specific incidents of the complainant’s prior sexual behavior with respect to the respondent is offered to prove consent..
Any training materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process must not rely on sex stereotypes and must promote impartial investigations and adjudications of complaints. The district shall maintain for a period of seven years records of any informal resolution and the result; and all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, and make such materials available on the district’s website.
Notice of Sexual Harassment Policy and Procedure
- Information about the district’s sexual harassment policy and complaint procedure will be easily understandable and conspicuously posted throughout each school building, be reproduced in each student, staff, volunteer and parent handbook. This notice will be provided in a language that each parent and guardian can understand.
- In addition to the posting and reproduction of this procedure and Policy 3205, the district will provide annual notice to employees that complaints pursuant to this procedure may be filed at 1105 Dale Ave. the district administrative office.
Responding to Notice of Sexual Harassment
The district is on notice and required to take action when any employee knows, or in the exercise of reasonable care should know, about possible sexual harassment. This includes informal and formal reports made to any staff member.
Upon notice of possible sexual harassment, staff will always notify the Title IX Coordinator. In addition, in the event of an alleged sexual assault, the school principal will immediately inform law enforcement and notify the targeted student(s) and their parents/guardians of their right to file a criminal complaint and a sexual harassment complaint simultaneously.
Once the district is on notice of possible sexual harassment, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint. Additionally, staff will also inform an appropriate supervisor or professional staff member when they receive complaints of sexual harassment, especially when the complaint is beyond their training to resolve or alleges serious misconduct.
Supportive measures must be offered to the complainant, before or after the filing of a formal complaint, or where no formal complaint has been filed. Supportive measures may also be provided to the respondent. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or respondent. Supportive measures should be designed to restore or preserve access to the District’s education program or activity without unreasonably burdening the other party.
Supportive measures may include:
- An opportunity for the complainant to explain to the alleged harasser that his or her conduct is unwelcome, offensive or inappropriate, either in writing or face-to-face;
- A statement from a staff member to the alleged harasser that the alleged conduct is not appropriate and could lead to discipline if proven or repeated;
- A general public statement from an administrator in a building reviewing the district sexual harassment policy without identifying the complainant;
- Developing a safety plan;
- Modifications of work or class schedules;
- Mutual restrictions on contact between the parties;
- Increased security and monitoring of certain areas of the campus or school building, or
- Providing staff and/or student training.
In response to notice of sexual harassment, the district will take prompt and appropriate action to investigate and take prompt and effective steps reasonably calculated to end harassment, eliminate the hostile environment, prevent its recurrence, and as appropriate, remedy its effects
The district will inform the complainant and their parent/guardian how to report any subsequent problems. Additionally, the district will conduct follow-up inquiries to see if there have been any new incidents or instances of retaliation, and to promptly respond and appropriately address continuing or new problems. Follow-up inquiries will follow a timeline agreed to by the district and complainant.
A complainant may file a formal complaint at any time while receiving supportive measures. A complainant, their parent or guardian, or the Title IX Coordinator may file a formal complaint because, for example, they feel the complaint needs to be more thoroughly investigated or discipline may be warranted for individual alleged to have engaged in sexually harassing conduct.
Confidentiality
- The district will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the district to provide the supportive measures.
- If a complainant requests that his or her name not be revealed to the alleged perpetrator or asks that the district not investigate or seek action against the alleged perpetrator, the request will be forwarded to the insert title of appropriate district employee(s) Special Services Director for evaluation.
- The insert title of appropriate district employee(s) The Special Services Director should inform the complainant that honoring the request may limit its ability to respond fully to the incident, including pursuing disciplinary action against the alleged perpetrator.
- If the complainant still requests that his or her name not be disclosed to the alleged perpetrator or that the district not investigate or seek action against the alleged perpetrator, the district will need to determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students, staff, and other third parties engaging in district activities, including the person who reported the sexual harassment. Although a complainant’s request to have his or her name withheld may limit the district’s ability to respond fully to an individual allegation of sexual harassment, the district will use other appropriate means available to address the sexual harassment.
Retaliation
Title IX and state law prohibit retaliation against any individual who files a complaint under these laws or participates in a complaint investigation. When an informal or formal complaint of sexual harassment is made, the district will take steps to stop further harassment and prevent any retaliation against the person who made the complaint, was the subject of the harassment, or against those who provided information as a witness. The district will investigate all allegations of retaliation and take actions against those found to have retaliated.
Formal Complaint Process
Level One – Complaint to District
Anyone may initiate a formal complaint of sexual harassment, even if the informal complaint process is being utilized.
Filing of Complaint
- All formal complaints will be in writing and will set forth the specific acts, conditions or circumstances alleged to have occurred and to constitute sexual harassment. The Title IX Coordinator may draft the complaint based on the report of the complainant for the complainant to review and approve. The Title IX Coordinator may also conclude that the district needs to conduct an investigation based on information in his or her possession, regardless of the complainant's interest in filing a formal complaint.
- The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint; or 2) Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005.
- Complaints may be submitted by mail, fax, e-mail or hand-delivery to the district Title IX Coordinator. Any district employee who receives a complaint that meets these criteria will promptly notify the Coordinator.
Determining Whether to Incorporate Additional Title IX Complaint Procedures
The Title IX Coordinator will assess whether a formal complaint of sexual harassment meets the criteria for a Title IX complaint. If so, the district will implement investigation and response procedures under state law, as well as the following additional procedures as required by Title IX regulations.
Under Title IX, the term “sexual harassment” means:
- an employee of the district conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct;
- conduct that creates a “hostile environment,” meaning unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the education program or activity; or
- “sexual assault,” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).
The district will implement additional Title IX procedures in response to a sexual harassment complaint when the alleged conduct constitutes sexual harassment as defined by Title IX regulations, and:
- The written complaint is filed by the complainant of the alleged sexual harassment, by the complainant’s legal guardian, or by the Title IX Coordinator;
- The complaint requests that the district investigate the allegation(s) of sexual harassment, as defined under Title IX regulations;
- The complaint is against a named respondent who, at the time of the alleged harassment, was under the control of the school district (such as a student, employee, or volunteer);
- The alleged sexually harassing conduct occurred in the United States; and
- The complainant is participating in or attempting to participate in the district’s educational program or activity at the time.
If the formal complaint is determined to meet the criteria for a Title IX complaint, the district will conduct the investigation implementing the additional Title IX procedures. Skip to Standard Complaint Process with Additional Title IX Requirements.
If the formal complaint is determined not to meet the criteria for a Title IX complaint, the district will conduct the investigation without implementing the additional Title IX procedures. Continue to Standard Complaint Process.
STANDARD COMPLAINT PROCESS
Acknowledging a Complaint - Standard Complaint Process
- Upon receipt of a complaint, the Coordinator will provide the complainant a copy of this procedure in a language the complainant can understand.
Investigating a Formal Complaint - Standard Complaint Process
- Investigations will be carried out in a manner that is prompt, thorough, reliable, and impartial. During the investigation process, the complainant and respondent(s), if the complainant has identified an accused harasser(s), will have an equal opportunity to present witnesses and relevant evidence. Complainants, respondents, and witnesses may have a trusted adult with them during any district-initiated investigatory activities. The school district and complainant may also agree to resolve the complaint in lieu of an investigation.
- When the investigation is completed, the investigator will compile a full written report of the complaint and the results of the investigation.
Mediation - Standard Complaint Process
At any time during the complaint procedure set forth in WAC 392-190-065 through 392-190-075, a district may, at its own expense, offer mediation. The complainant and the district may agree to extend the complaint process deadlines in order to pursue mediation.
The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator. Mediation must be voluntary and requires the mutual agreement of both parties. It may be terminated by either party at any time during the mediation process. It may not be used to deny or delay a complainant’s right to utilize the complaint procedures.
Mediation must be conducted by a qualified and impartial mediator who may not:
1) Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or 2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district or charter school or other public or private agency solely because he or she serves as a mediator.
If the parties reach agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the course of mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding. The agreement must be signed by the complainant and a district representative who has authority to bind the district.
Superintendent’s Response to a Formal Complaint - Standard Complaint Process
- The superintendent or their designee will respond in writing to the complainant and the respondent within thirty (30) calendar days of receipt of the complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the district will notify the parties in writing of the reason for the extension and the anticipated response date. At the time the district responds to the complainant, the district must send a copy of the response to the office of the superintendent of public instruction.
- The response of the superintendent or designee will include: 1) a summary of the results of the investigation; 2) a statement as to whether a preponderance of the evidence establishes that the complainant was sexually harassed; 3) if sexual harassment is found to have occurred, the corrective measures the district deems necessary, including assurance that the district will take steps to prevent recurrence and remedy its effects on the complainant and others, if appropriate; 4) notice of the complainant’s right to appeal to the school board and the necessary filing information; and 5) any corrective measures the district will take, remedies for the complainant (e.g., sources of counseling, advocacy and academic support), and notice of potential sanctions for the perpetrator(s) (e.g., discipline).
- The superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964. If the complaint alleges discriminatory harassment by a named respondent or respondent(s), the coordinator will provide the respondent(s) with notice of the outcome of the investigation and notice of their right to appeal any discipline or corrective action imposed by the district.
- Any corrective measures deemed necessary will be instituted as quickly as possible, but in no event more than thirty (30) days after the superintendent's mailing of a written response, unless the accused is appealing the imposition of discipline and the district is barred by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded. Staff may also pursue complaints through the appropriate collective bargaining agreement process or anti-discrimination policy.
- The district will inform the complainant and their parent/guardian how to report any subsequent problems. Additionally, the district will conduct follow-up inquiries to see if there have been any new incidents or instances of retaliation, and to promptly respond and appropriately address continuing or new problems. Follow-up inquiries will follow a timeline agreed to by the district and complainant.
Resume “Standard Complaint Process” at Level Two - Appeal to Board of Directors.
STANDARD COMPLAINT PROCESS WITH ADDITIONAL TITLE IX REQUIREMENTS
The following sections outline the process the district will take to respond to complaints of sexual harassment under state law and Title IX.
Acknowledging a Formal Title IX Complaint
The Title IX Coordinator will receive and investigate all formal, written complaints of sexual harassment or information in the coordinator’s possession that they believe requires further investigation. The Coordinator will delegate his or her authority to participate in this process if such action is necessary to avoid any potential conflicts of interest. Upon receipt of a complaint, the Coordinator will offer supportive measures to both parties.
The district will acknowledge receipt of the formal complaint by providing the following written notice to the respondent(s) and complainant:
- A copy of the school's discrimination complaint procedure in a language the parties can understand.
- Notice of the allegations of sexual harassment with sufficient time for the parties to prepare a response before any initial interview and with sufficient detail. Such sufficient detail includes the identities of the parties involved in the incident if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident if known.
- Notice that the parties may have an advisor of their choice who may be an attorney or non-attorney, and who may inspect and review evidence of the alleged sexual harassment.
- Notice that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility for alleged sexual harassment is made at the conclusion of the grievance process.
- Notice of any provision in student conduct policies and procedures that prohibits false statements or submitting false information.
Investigation of a Title IX Formal Complaint
The district must investigate allegations contained in a formal complaint. If the conduct alleged would not constitute sexual harassment under Title IX regulations even if proved, did not occur in the district’s education program or activity, or did not occur against a person in the United States, then the district must dismiss the formal complaint under Title IX. Such dismissal does not preclude action under another provision of district policy or procedure or under sexual harassment investigation procedures as required by state law (See Standard Complaint Process).
The district adopts preponderance of the evidence/clear and convincing evidence as the standard or proof it will use in reaching decisions regarding complaints.
The district’s investigation of a Title IX complaint must:
- Include a prompt and thorough investigation into the allegations in the complaint.
- Ensure that the district bears the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility for the alleged sexual harassment. The district may not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting or assisting in their professional capacity and made and maintained in connection with the provision of treatment to the party unless the district obtains the party’s voluntary, written consent to do so.
- Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;
- Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
- Provide the parties with the same opportunities to have others present during any grievance proceeding; including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be an attorney or non-attorney. The district will apply any restrictions regarding the extent to which an advisor may participate equally to both parties;
- Provide to a party whose participation is invited or expected written notice of the date, time, location, participants, and purpose of all hearings, interviews, or other meetings, with sufficient time for the parties to prepare to participate;
- Prior to the completion of an investigative report, provide an equal opportunity for the parties to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation. This includes evidence that the district does not intend to rely on in reaching a determination of responsibility for the alleged sexual harassment, regardless of the source of the evidence. The parties will have at least ten (10) days to submit a written response for the investigator to consider prior to completion of the investigative report.
- At least ten (10) days prior to a determination regarding responsibility, create an investigative report that fairly summarizes relevant evidence, and send the investigative report in an electronic or hard copy format to each party and each party’s advisor for their review and written response.
- After transmitting the investigative report to the parties, but before reaching a final determination regarding responsibility, the decision maker must give each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant unless they are offered to prove that someone other than the respondent committed the conduct alleged by the complainant or unless they concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker must explain to the party proposing the questions any decision to exclude a question as not relevant.
The district’s Title IX investigative and grievance process is not required to include investigative hearings.
Discipline and Emergency Removals for Alleged Sexual Harassment under Title IX
A respondent who is accused of sexual harassment under Title IX is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. The district may not impose any disciplinary sanctions, or other actions that are not supportive measures, against the respondent until the district has determined the respondent was responsible for the sexual harassment at the conclusion of the grievance process.
These additional Title IX sexual harassment procedures do not preclude a school district from removing a student from school on an emergency basis consistent with Policy and Procedure 3241 – Student Discipline modify as accurate for your district and the associated student discipline regulations for emergency expulsion.
Title IX Informal Resolution Process
At any time prior to a determination in a formal Title IX complaint, the district may permit a complainant to waive the formal complaint grievance process in favor of an informal resolution process not involving a full investigation and adjudication, provided that the district obtains the parties’ voluntary, written consent; the district does not offer informal resolution of sexual harassment allegations against a respondent who is an employee of the district, the district provide reasonably prompt time frames for the informal resolution process; and the district provides the parties with written notice disclosing the allegations, the requirements for the informal resolution process, and the circumstances in which the parties would be precluded from continuing with a formal resolution process for the same allegations.
A party has the right to withdraw from the informal resolution process and resume the formal Title IX grievance process at any time prior to agreeing to a resolution. The district may not require the waiver of the right to an investigation and adjudication of formal complaints of sexual harassment under Title IX as a condition of enrollment, employment, or enjoyment of any other right, nor may the district require the parties to participate in an informal resolution process. The district will not offer an information resolution process unless a formal complaint is filed.
Superintendent’s Response to a Formal Title IX Complaint
At the conclusion of the investigation, the decision-maker (superintendent or designee) must issue a written determination of responsibility regarding the alleged sexual harassment within thirty (30) calendar days of receipt of the complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the district will notify the parties in writing of the reason for the extension and the anticipated response date.
The superintendent’s written determination must be issued to the parties simultaneously and must include the following:
- Identification of the allegations potentially constituting sexual harassment under Title IX regulations;
- A description of the procedural steps taken from the time of the district’s receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
- Findings supporting the determination;
- A summary of the results of the investigation;
- Conclusions regarding the application of the district’s code of conduct policies to the facts;
- A statement as to whether a preponderance of the evidence establishes that the complainant was sexually harassed;
- A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary or other sanctions imposed on the respondent, and whether remedies designed to restore or preserve equal access to the education program or activity will be provided to the complainant; and
- If sexual harassment is found to have occurred, the corrective measures the district deems necessary, including assurance that the district will take steps to prevent recurrence and remedy its effects on the complainant and others, if appropriate; and
- Notice of the parties’ right to appeal to the school board and the necessary filing information.
The superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964.
At the time the district responds to the parties, the district must send a copy of the response to the office of the superintendent of public instruction.
Any corrective measures deemed necessary will be instituted as quickly as possible, but in no event more than thirty (30) days after the superintendent's mailing of a written response, unless the accused is appealing the imposition of discipline and the district is barred by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded. Staff may also pursue complaints through the appropriate collective bargaining agreement process or anti-discrimination policy. Continue “State Complaint Process with Additional Title IX Requirements” at Level Two - Appeal to Board of Directors.
Level Two - Appeal to Board of Directors
Notice of Appeal and Hearing
- If the complainant or respondent(s) with the superintendent’s or designee’s written decision, the disagreeing party may appeal the decision to the district board of directors, by filing a written notice of appeal with the secretary of the board within ten (10) calendar days following the date upon which the complainant received the response.
- If the complaint involves a named respondent, the District will implement appeal procedures equally for both parties and provide written notice to the other party when an appeal is filed.
- The district will ensure that the decision-maker for the appeal is not the same decision-maker who reached the determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator;
- The district will ensure that the decision-maker for the appeal has received the training required for decision-makers as required by this procedure.
- The board will schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant and the superintendent or for good cause.
- Both parties will be allowed a reasonable, equal opportunity to submit a written statement in support of or challenging the outcome of the initial determination.
Board Decision
- Unless otherwise agreed to by the complainant, the board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision.
- The written decision will describe the result of the appeal and the rationale for the result.
- The decision will include notice of the complainant’s right to appeal to the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the office of the superintendent of public instruction.
- The decision will be provided in a language that the complainant can understand, which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act.
Level Three - Complaint to the Superintendent of Public Instruction
Filing of Complaint
- If a complainant disagrees with the decision of the board of directors, or if the district fails to comply with this procedure, the complainant may file a complaint with the superintendent of public instruction.
- A complaint must be received by the Superintendent of Public Instruction on or before the twentieth (20) calendar day following the date upon which the complainant received written notice of the board of directors’ decision, unless the Superintendent of Public Instruction grants an extension for good cause. Complaints may be submitted by mail, fax, electronic mail, or hand delivery.
- A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-sexual harassment laws; 2) The name and contact information, including address, of the complainant; 3) The name and address of the district subject to the complaint; 4) A copy of the district’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information.
Investigation, Determination and Corrective Action
- Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board.
- Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed.
- All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension. If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance.
A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint. OSPI may provide technical assistance and dispute resolution methods to resolve a complaint.
Level Four - Administrative Hearing, State Requirement
A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW.
Other Complaint Options
Office for Civil Rights (OCR), U.S. Department of Education
OCR enforces several federal civil rights laws, which prohibit discrimination in public schools on the basis of race, color, national origin, sex, disability, and age. File complaints with OCR within 180 calendar days of the date of the alleged discrimination.
206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ www.ed.gov/ocr
Washington State Human Rights Commission (WSHRC)
WSHRC enforces the Washington Law Against Discrimination (RCW 49.60), which prohibits discrimination in employment and in places of public accommodation, including schools. File complaints with WSHRC within six months of the date of the alleged discrimination.
1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ www.hum.wa.gov
Investigation Recordkeeping
The district will maintain, for a period of X years, records of all sexual harassment investigations.
The district will maintain, for a period of seven years, records of each Title IX sexual harassment investigation, including any determination regarding responsibility and any audio or audiovisual recording or transcript; any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant; and any appeal from the result of a determination regarding responsibility.
The district will maintain, for a period of seven years, records of any actions, including supportive measures, taken in response to a report or formal complaint of sexual harassment under Title IX.
Training and Orientation
A fixed component of all district orientation sessions for staff, students and regular volunteers will introduce the elements of this procedure and the corresponding policy. Staff will be provided information on recognizing and preventing sexual harassment. Staff will be fully informed of their responsibilities when on notice of sexual harassment, of the formal complaint procedures, and their roles and responsibilities under the policy and procedure.
Certificated staff will be reminded of their legal responsibility to report suspected child abuse, and how that responsibility may be implicated by some allegations of sexual harassment. Regular volunteers will get the portions of this component of orientation relevant to their rights and responsibilities.
Students will be provided with age-appropriate information on the recognition and prevention of sexual harassment and their rights and responsibilities under this and other district policies and rules at student orientation sessions and on other appropriate occasions, which may include parents.
As part of the information on the recognition and prevention of sexual harassment staff, volunteers, students and parents will be informed that sexual harassment may include, but is not limited to:
- Demands for sexual favors in exchange for preferential treatment or something of value;
- Stating or implying that a person will lose something if he or she does not submit to a sexual request;
- Penalizing a person for refusing to submit to a sexual advance, or providing a benefit to someone who does;
- Making unwelcome, offensive or inappropriate sexually suggestive remarks comments, gestures, or jokes; or remarks of a sexual nature about a person's appearance, gender or conduct;
- Using derogatory sexual terms for a person;
- Standing too close, inappropriately touching, cornering or stalking a person; or
- Displaying offensive or inappropriate sexual illustrations on school property.
Policy and Procedure Review
Annually, the superintendent or designee will convene an ad hoc committee composed of representatives of certificated and classified staff, volunteers, students and parents to review the use and efficacy of this policy and procedure. The compliance officer will be included in the committee. Based on the review of the committee, the superintendent will prepare a report to the board including, if necessary, any recommended policy changes. The superintendent will consider adopting changes to this procedure if recommended by the committee.
Adoption Date:
Classification: Essential
Revised Dates: 08.06; 10.11; 03.14; 01.15; 07.15;08.20; 03.19; 03.21
3207 - Prohibition of Harassment, Intimidation and Bullying
Policy: 3207
Section: 3000 - Students
Prohibition of Harassment, Intimidation, and Bullying
The board is committed to a safe and civil educational environment for all students, employees, parents/legal guardians, volunteers, and community members that is free from harassment, intimidation, or bullying. As defined in legislation, “Harassment, intimidation or bullying” means any intentional electronic, written, verbal, or physical act including but not limited to, one shown to be motivated by any characteristic in RCW 28A.640.010 and 28A 642.010, or other distinguishing characteristics, when the act:
- Physically harms a student or damages the student’s property;
- Has the effect of substantially interfering with a student’s education;
- Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or
- Has the effect of substantially disrupting the orderly operation of the school.
Nothing in this section requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation or bullying.
“Other distinguishing characteristics” can include but are not limited to physical appearance, clothing or other apparel, socioeconomic status and weight.
“Intentional acts” refers to the individual’s choice to engage in the act rather than the ultimate impact of the action(s).
This policy and accompanying procedure do not govern harassment, intimidation, or bullying of an employee, volunteer, parent/legal guardian, or community member.
Behaviors/Expressions
This policy recognizes that ‘harassment,’ ‘intimidation,’ and ‘bullying’ are separate but related behaviors. Each must be addressed appropriately. The accompanying procedure differentiates the three behaviors, however, this differentiation should not be considered part of the legal definition of these behaviors.
Harassment, intimidation, or bullying can take many forms including, but not limited to, slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, gestures, physical attacks, threats or other written, oral, physical or electronically transmitted messages or images.
This policy is not intended to prohibit expression of religious, philosophical, or political views, provided that the expression does not substantially disrupt the educational environment. Many behaviors that do not rise to the level of harassment, intimidation, or bullying may still be prohibited by other district policies or building, classroom or program rules.
Training
This policy is a component of the district’s responsibility to create and maintain a safe, civil, respectful and inclusive learning community and will be implemented in conjunction with comprehensive training of staff and volunteers. Specific training requirements are included in the accompanying procedure.
Prevention
The district will provide students with strategies aimed at preventing harassment, intimidation, and bullying. In its efforts to train students, the district will seek partnerships with families, law enforcement, and other community agencies.
Interventions
Interventions are designed to remediate the impact on the targeted student(s) and others impacted by the violation, to change the behavior of the aggressor, and to restore a positive school climate. The district will consider the frequency of incidents, developmental age of the student, and severity of the conduct in determining intervention strategies. Interventions will range from counseling, correcting behavior and discipline, to law enforcement referrals.
Students with Individual Education Plans or Section 504 Plans
If allegations are proven that a student with an Individual Education Plan (IEP) or Section 504 Plan has been the aggressor or target of harassment, intimidation or bullying, the school will convene the student’s IEP or Section 504 team to determine whether the incident had an impact on the student’s ability to receive a free, appropriate public education (FAPE). The meeting should occur regardless of whether the harassment, intimidation, or bullying incident was based on the student’s disability. During the meeting, the team will evaluate issues such as the student’s academic performance, behavioral issues, attendance, and participation in extracurricular activities. If a determination is made that the student is not receiving a FAPE as a result of the harassment, intimidation, or bullying incident, the district will provide additional services and supports as deemed necessary, such as counseling, monitoring and/or reevaluation or revision of the student’s IEP or Section 504 plan, to ensure the student receives a FAPE.
Retaliation/False Allegations
Retaliation is prohibited and will result in appropriate discipline. It is a violation of this policy to threaten or harm someone for reporting harassment, intimidation, or bullying, or participating in an investigation.
It is also a violation of district policy to knowingly report false allegations of harassment, intimidation, and bullying. Students or employees will not be disciplined for making a report in good faith. However, persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.
Compliance Officer
The superintendent will appoint a compliance officer as the primary district contact to receive copies of all formal and informal complaints and ensure policy implementation. The name and contact information for the compliance officer will be communicated throughout the district. The district compliance officer will participate in at least one mandatory training opportunity offered by OSPI.
The superintendent is authorized to direct the implementation of procedures addressing the elements of this policy.
| Cross References: |
2161 - Special Education and Related Services for Eligible Students |
|---|---|
| Legal References: |
WAC 392-190-059 Harassment, intimidation and bullying prevention policy and procedure – School districts. |
| Management Resources: |
2019 - August Policy Alert |
Adoption Date: 07.02
Classification: Essential
Revised Dates: 06.12; 03.14; 08.16; 10.22; 9.23
3207P - Procedure: Prohibition of Harassment, Intimidation and Bullying
Policy: 3207P
Section: 3000 - Students
Procedure Prohibition of Harassment, Intimidation and Bullying
A. Introduction
The Kiona-Benton City School District strives to provide students with optimal conditions for learning by maintaining a school environment where everyone is treated with respect and no one is physically or emotionally harmed.
In order to ensure respect and prevent harm, it is a violation of district policy for a student to be harassed, intimidated, or bullied by others in the school community, at school sponsored events, or when such actions create a substantial disruption to the educational process. The school community includes all students, school employees, school board members, contractors, unpaid volunteers, families, patrons, and other visitors. Student(s) will not be harassed because of their race, color, religion, ancestry, national origin, gender, sexual orientation, including gender expression or identity, mental or physical disability, or other distinguishing characteristics.
Any school staff who observes, overhears, or otherwise witnesses harassment, intimidation or bullying or to whom such actions have been reported must take prompt and appropriate action to stop the harassment and to prevent its reoccurrence.
B. Definitions
Aggressor means a student, staff member, or other member of the school community who engages in the harassment, intimidation or bullying of a student.
Harassment, intimidation or bullying means an intentional electronic, written, verbal, or physical act that:
- Physically harms a student or damages the student’s property;
- Has the effect of substantially interfering with a student’s education;
- Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or
- Has the effect of substantially disrupting the orderly operation of the school.
Conduct that is "substantially interfering with a student’s education" will be determined by considering a targeted student’s grades, attendance, demeanor, interaction with peers, participation in activities, and other indicators.
Conduct that may rise to the level of harassment, intimidation and bullying may take many forms, including, but not limited to: slurs, rumors, jokes, innuendoes, demeaning comments, drawings, cartoons, pranks, ostracism, physical attacks or threats, gestures, or acts relating to an individual or group whether electronic, written, oral, or physically transmitted messages or images. There is no requirement that the targeted student actually possess the characteristic that is the basis for the harassment, intimidation or bullying.
Incident Reporting Forms may be used by students, families, or staff to report incidents of harassment, intimidation or bullying. A sample form is provided on the Office of Superintendent of Public Instruction’s (OSPI) School Safety Center website. Kiona-Benton City School District HIB Incident Reporting Forms are available in English and in Spanish.
Retaliation occurs an aggressor harasses, intimidates, or bullies a student who has reported incidents of bullying.
Staff includes, but is not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, classified staff, substitute and temporary teachers, volunteers, or paraprofessionals (both employees and contractors).
Targeted Student means a student against whom harassment, intimidation or bullying has allegedly been perpetrated.
C. Relationship to Other Laws
This procedure applies only to RCW 28A.300.285 – Harassment, Intimidation and Bullying prevention. There are other laws and procedures to address related issues such as sexual harassment or discrimination.
At least four Washington laws may apply to harassment or discrimination:
- RCW 28A.300.285 – Harassment, Intimidation and Bullying
- RCW 28A.640.020 – Sexual Harassment
- RCW 28A.642 – Prohibition of Discrimination in Public Schools
- RCW 49.60.010 – The Law Against Discrimination
The district will ensure its compliance with all state laws regarding harassment, intimidation or bullying. Nothing in this procedure prevents a student, parent/guardian, school or district from taking action to remediate harassment or discrimination based on a person’s gender or membership in a legally protected class under local, state, or federal law.
D. Prevention
- Dissemination: In each school and on the district’s website the district will prominently post information on reporting harassment, intimidation and bullying; the name and contact information for making a report to a school administrator; and the name and contact information for the district compliance officer. The district’s policy and procedure will be available in each school in a language that families can understand. Annually, the superintendent will ensure that a statement summarizing the policy and procedure is provided in student, staff, volunteer, and parent handbooks, is available in school and district offices and/or hallways, or is posted on the district’s website. Additional distribution of the policy and procedure is subject to the requirements of Washington Administrative Code 392-400-226.
- Education: Annually students will receive age-appropriate information on the recognition and prevention of harassment, intimidation or bullying at student orientation sessions and on other appropriate occasions. The information will include a copy of the Incident Reporting Form or a link to a web-based form.
- Training: Staff will receive annual training on the school district’s policy and procedure, including staff roles and responsibilities, how to monitor common areas and the use of the district’s Incident Reporting Form.
- Prevention Strategies: The district will implement a range of prevention strategies including individual, classroom, school, and district-level approaches. Whenever possible, the district will implement evidence-based prevention programs that are designed to increase social competency, improve school climate, and eliminate harassment, intimidation and bullying in schools.
E. Compliance Officer
The district compliance officer will:
- Serve as the district’s primary contact for harassment, intimidation and bullying;
- Provide support and assistance to the principal or designee in resolving complaints;
- Receive copies of all Incident Reporting Forms, discipline Referral Forms, and letters to parents providing the outcomes of investigations. If a written report of harassment, intimidation or bullying indicates a potential violation of the district’s nondiscrimination policy [Policy 3210], the compliance officer must promptly notify the district’s civil rights compliance coordinator;
- Be familiar with the use of the student information system. The compliance officer may use this information to identify patterns of behavior and areas of concern;
- Ensure implementation of the policy and procedure by overseeing the investigative processes, including ensuring that investigations are prompt, impartial, and thorough;
- Assess the training needs of staff and students to ensure successful implementation throughout the district, and ensure staff receive annual fall training;
- Provide the OSPI School Safety Center with notification of policy or procedure updates or changes on an annual basis; and
- In cases where, despite school efforts, a targeted student experiences harassment, intimidation or bullying that threatens the student’s health and safety, the compliance officer will facilitate a meeting between district staff and the child’s parents/guardians to develop a safety plan to protect the student. A sample student safety plan is available on the OSPI website.
F. Staff Intervention
All staff members will intervene when witnessing or receiving reports of harassment, intimidation or bullying. Minor incidents that staff are able to resolve immediately, or incidents that do not meet the definition of harassment, intimidation or bullying, may require no further action under this procedure.
G. Filing an Incident Reporting Form
Any student who believes he or she has been the target of unresolved, severe, or persistent harassment, intimidation or bullying, or any other person in the school community who observes or receives notice that a student has or may have been the target of unresolved, severe, or persistent harassment, intimidation or bullying may report incidents verbally or in writing to any staff member. Addressing Bullying – Reports (HIB Incident Reporting form in English and in Spanish)
Step 1: Filing an Incident Reporting Form
In order to protect a targeted student from retaliation, a student need not reveal his identity on an Incident Reporting Form. The form may be filed anonymously, confidentially, or the student may choose to disclose his or her identity (non-confidential).
Status of Reporter
- Anonymous: Individuals may file a report without revealing their identity. No disciplinary action will be taken against an alleged aggressor based solely on an anonymous report. Schools may identify complaint boxes or develop other methods for receiving anonymous, unsigned reports. Possible responses to an anonymous report include enhanced monitoring of specific locations at certain times of day or increased monitoring of specific students or staff. (Example: An unsigned Incident Reporting Form dropped on a teacher’s desk led to the increased monitoring of the boys’ locker room in 5th period.
- Confidential: Individuals may ask that their identities be kept secret from the accused and other students. Like anonymous reports, no disciplinary action will be taken against an alleged aggressor based solely on a confidential report. (Example: A student tells a playground supervisor about a classmate being bullied but asks that nobody know who reported the incident. The supervisor says, "I won’t be able to punish the bullies unless you or someone else who saw it is willing to let me use their names, but I can start hanging out near the basketball court, if that would help.")
- Non-confidential: Individuals may agree to file a report non-confidentially. Complainants agreeing to make their complaint non-confidential will be informed that due process requirements may require that the district release all of the information that it has regarding the complaint to any individuals involved in the incident, but that even then, information will still be restricted to those with a need to know, both during and after the investigation. The district will, however, fully implement the anti-retaliation provision of this policy and procedure to protect complainants and witnesses.
Step 2: Receiving an Incident Reporting Form
All staff are responsible for receiving oral and written reports. Whenever possible staff who initially receive an oral or written report of harassment, intimidation or bullying will attempt to resolve the incident immediately. If the incident is resolved to the satisfaction of the parties involved, or if the incident does not meet the definition of harassment, intimidation or bullying, no further action may be necessary under this procedure.
All reports of unresolved, severe, or persistent harassment, intimidation or bullying will be recorded on a district Incident Reporting Form and submitted to the principal or designee, unless the principal or designee is the subject of the complaint.
Step 3: Investigations of Unresolved, Severe, or Persistent Harassment, Intimidation and Bullying
All reports of unresolved, severe, or persistent harassment, intimidation or bullying will be investigated with reasonable promptness. Any student may have a trusted adult with them throughout the report and investigation process.
- Upon receipt of the Incident Reporting Form that alleges unresolved, severe, or persistent harassment, intimidation or bullying, the school or district designee will begin the investigation. If there is potential for clear and immediate physical harm to the complainant, the district will immediately contact law enforcement and inform the parent/guardian.
- During the course of the investigation, the district will take reasonable measures to ensure that no further incidents of harassment, intimidation or bullying occur between the complainant and the alleged aggressor. If necessary, the district will implement a safety plan for the student(s) involved. The plan may include changing seating arrangements for the complainant and/or the alleged aggressor in the classroom, at lunch, or on the bus; identifying a staff member who will act as a safe person for the complainant; altering the alleged aggressor’s schedule and access to the complainant, and other measures. If, during the course of an investigation, the district employee conducting the investigation becomes aware of a potential violation of the district’s nondiscrimination policy [Policy 3210], the investigator will promptly notify the district’s civil rights compliance officer. Upon receipt of this information, the civil rights compliance officer must notify the complainant that their complaint will proceed under the discrimination complaint procedure in WAC 392-190-066 through WAC 392-190-075 as well as the HIB complaint procedure. The notice must be provided in a language that the complainant can understand. The investigation and response timeline for the discrimination complaint procedure will follow that set forth in WAC 392-190-065 and begins when the district knows or should have known that a written report of harassment, intimidation or bullying involves allegations of a violation of the district’s nondiscrimination policy.
- Within two (2) school days after receiving the Incident Reporting Form, the school designee will notify the families of the students involved that a complaint was received and direct the families to the district’s policy and procedure on harassment, intimidation and bullying.
- In rare cases, where after consultation with the student and appropriate staff (such as a psychologist, counselor, or social worker) the district has evidence that it would threaten the health and safety of the complainant or the alleged aggressor to involve his or her parent/guardian, the district may initially refrain from contacting the parent/guardian in its investigation of harassment, intimidation and bullying. If professional school personnel suspect that a student is subject to abuse and neglect, they must follow district policy for reporting suspected cases to Child Protective Services.
- The investigation will include, at a minimum:
- An interview with the complainant;
- An interview with the alleged aggressor;
- A review of any previous complaints involving either the complainant or the alleged aggressor; and
- Interviews with other students or staff members who may have knowledge of the alleged incident.
- The principal or designee may determine that other steps must be taken before the investigation is complete.
- The investigation will be completed as soon as practicable but generally no later than five (5) school days from the initial complaint or report. If more time is needed to complete an investigation, the district will provide the parent/guardian and/or the student with weekly updates.
- No later than two (2) school days after the investigation has been completed and submitted to the compliance officer, the principal or designee will respond in writing or in person to the parent/guardian of the complainant and the alleged aggressor stating:
- The results of the investigation;
- Whether the allegations were found to be factual;
- Whether there was a violation of policy; and
- The process for the complainant to file an appeal if the complainant disagrees with the results.
Because of the legal requirement regarding the confidentiality of student records, the principal or designee may not be able to report specific information to the targeted student’s parent/guardian about any disciplinary action taken unless it involves a directive that the targeted student must be aware of in order to report violations.
If a district chooses to contact the parent/guardian by letter, the letter will be mailed to the parent/guardian of the complainant and alleged aggressor by United States Postal Service with return receipt requested unless it is determined, after consultation with the student and appropriate staff (psychologist, counselor, social worker) that it could endanger the complainant or the alleged aggressor to involve his or her family. If professional school personnel suspect that a student is subject to abuse or neglect, as mandatory reporters they must follow district policy for reporting suspected cases to Child Protective Services.
If the incident cannot be resolved at the school level, the principal or designee will request assistance from the district.
Step 4: Corrective Measures for the Aggressor
After completion of the investigation, the school or district designee will institute any corrective measures necessary. Corrective measures will be instituted as quickly as possible, but in no event more than five (5) school days after contact has been made to the families or guardians regarding the outcome of the investigation. Corrective measures that involve student discipline will be implemented according to district policy 3241, Classroom Management, Corrective Actions or Punishment. If the accused aggressor is appealing the imposition of discipline, the district may be prevented by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded.
If in an investigation a principal or principal’s designee found that a student knowingly made a false allegation of harassment, intimidation or bullying, that student may be subject to corrective measures, including discipline.
Step 5: Targeted Student’s Right to Appeal
- If the complainant or parent/guardian is dissatisfied with the results of the investigation, they may appeal to the superintendent or his or her designee by filing a written notice of appeal within five (5) school days of receiving the written decision. The superintendent or his or her designee will review the investigative report and issue a written decision on the merits of the appeal within five (5) school days of receiving the notice of appeal.
- If the targeted student remains dissatisfied after the initial appeal to the superintendent, the student may appeal to the school board by filing a written notice of appeal with the secretary of the school board on or before the fifth (5) school day following the date upon which the complainant received the superintendent’s written decision.
- An appeal before the school board or disciplinary appeal council must be heard on or before the tenth (10th) school day following the filing of the written notice of appeal to the school board. The school board or disciplinary appeal council will review the record and render a written decision on the merits of the appeal on or before the fifth (5th) school day following the termination of the hearing, and will provide a copy to all parties involved. The board or council’s decision will be the final district decision.
Step 6: Discipline/Corrective Action
The district will take prompt and equitable corrective measures within its authority on findings of harassment, intimidation or bullying. Depending on the severity of the conduct, corrective measures may include counseling, education, discipline, and/or referral to law enforcement.
Corrective measures for a student who commits an act of harassment, intimidation or bullying will be varied and graded according to the nature of the behavior, the developmental age of the student, or the student’s history of problem behaviors and performance. Corrective measures that involve student discipline will be implemented according to district policy 3241, Classroom Management, Corrective Actions or Punishment.
If the conduct was of a public nature or involved groups of students or bystanders, the district should strongly consider schoolwide training or other activities to address the incident.
If staff have been found to be in violation of this policy and procedure, school districts may impose employment disciplinary action, up to and including termination. If a certificated educator is found to have committed a violation of WAC 181-87, commonly called the Code of Conduct for Professional Educators, OSPI’s Office of Professional Practices may propose disciplinary action on a certificate, up to and including revocation. Contractor violations of this policy may include the loss of contracts.
Step 7: Support for the Targeted Student
Persons found to have been subjected to harassment, intimidation or bullying will have appropriate district support services made available to them, and the adverse impact of the harassment on the student will be addressed and remedied as appropriate.
H. Immunity/Retaliation
No school employee, student, or volunteer may engage in reprisal or retaliation against a targeted student, witness, or other person who brings forward information about an alleged act of harassment, intimidation or bullying. Retaliation is prohibited and will result in appropriate discipline.
I. Other Resources
Students and families should use the district’s complaint and appeal procedures as a first response to allegations of harassment, intimidation and bullying. However, nothing in this procedure prevents a student, parent/guardian, school, or district from taking action to remediate discrimination or harassment based on a person’s membership in a legally protected class under local, state or federal law. A harassment, intimidation or bullying complaint may also be reported to the following state or federal agencies:
OSPI Equity and Civil Rights Office
360.725.6162
Email: equity@k12.wa.us
Washington State Human Rights Commission
800.233.3247
Office for Civil Rights, U.S. Department of Education, Region IX
206.607.1600
Email: OCR.Seattle@ed.gov
Department of Justice Community Relations Service
877.292.3804
Office of the Education Ombuds
866.297-2597
Email: OEOinfo@gov.wa.gov
OSPI Safety Center
360.725-6044
J. Other District Policies and Procedures
Nothing in this policy or procedure is intended to prohibit discipline or remedial action for inappropriate behaviors that do not rise to the level of harassment, intimidation or bullying as defined in this policy but which are, or may be, prohibited by other district or school rules.
Adoption Date: 03.24.14
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3210 - Nondiscrimination
Policy: 3210
Section: 3000 - Students
Nondiscrimination
The district will provide equal educational opportunity and treatment for all students in all aspects of the academic and activities program without discrimination based on race, religion, creed, color, national origin, age, honorably-discharged veteran or military status, sex, sexual orientation, gender expression or identity, marital status, the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal by a person with a disability. The district will provide equal access to school facilities to the Boy Scouts of America and all other designated youth groups listed in Title 36 of the United States Code as a patriotic society. District programs will be free from sexual harassment.
Conduct against any student that is based on one of the categories listed above that is sufficiently severe, persistent or pervasive as to limit or deny the student’s ability to participate in or benefit from the district’s course offerings; educational programming or any activity will not be tolerated. When a district employee knows, or reasonably should know, that such discriminatory harassment is occurring or has occurred, the district will take prompt and effective steps reasonably calculated to end the harassment, prevent its recurrence and remedy its effects.
The district’s nondiscrimination statement will be included in all written announcements, notices, recruitment materials, employment applications, and other publications made available to all students, parents, or employees. The statement will include: 1) notice that the district will not discriminate in any programs or activities on the basis of any of the above-listed categories; 2) the name and contact information of the district’s compliance officer designated to ensure compliance with this policy; and 3) the names and contact information of the district’s Section 504 and Title IX compliance officers.
The district will annually publish notice reasonably calculated to inform students, students’ parents/guardians (in a language that they can understand, which may require language assistance), and employees of the district’s discrimination complaint procedure.
The superintendent will designate a staff member to serve as the compliance officer for this policy. The compliance officer will be responsible for investigating any discrimination complaints communicated to the district.
The district will provide training to administrators and certificated and classroom personnel regarding their responsibilities under this policy and to raise awareness of and eliminate bias and discrimination based on the protected classes identified in this policy.
| Cross References: | 4260 - Use of School Facilities 3211 - Transgender Students 2151 - Interscholastic Activities 2150 - Co-Curricular Program 2140 - Guidance and Counseling 2030 - Service Animals in Schools 2020 - Curriculum Development and Adoption of Instructional Materials |
|---|---|
| Legal References: | Chapter 28A.640 RCW Sexual equality Chapter 28A.642 RCW Discrimination prohibition Chapter 49.60 RCW Discrimination — Human rights commission WAC 392-190-020 Training—Staff responsibilities—Bias awareness WAC 392-190-060 Compliance – School district designation of responsible employee - Notification WAC 392-400-215 Student rights 20 U.S.C. 7905 Boy Scouts of American Equal Access Act 42 U.S.C. 12101-12213 Americans with Disabilities Act |
| Management Resources: | 2014 - December Issue 2013 - April Issue 2012 - December Issue 2011 - June Issue Policy News, August 2007 Washington’s Law Against Discrimination |
Adoption Date:
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3210P - Procedure: Nondiscrimination
Policy: 3210P
Section: 3000 - Students
Procedure Nondiscrimination
Anyone may file a complaint against the district alleging that the district has violated anti-discrimination laws. This complaint procedure is designed to assure that the resolution of real or alleged violations are directed toward a just solution that is satisfactory to the complainant, the administration and the board of directors. This grievance procedure will apply to the general conditions of the nondiscrimination policy (Policy 3210) and more particularly to policies dealing with guidance and counseling (Policy 2140), co-curricular program (Policy 2150), service animals in schools (Policy 2030) and curriculum development and instructional materials (Policy 2020). As used in this procedure:
- Grievance means a complaint which has been filed by a complainant relating to alleged violations of any state or federal anti-discrimination laws.
- Complaint means a written charge alleging specific acts, conditions or circumstances, which are in violation of the anti-discrimination laws. The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the complaint; or 2) Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005. Complaints may be submitted by mail, fax, e-mail or hand-delivery to any district, school or to the district compliance officer responsible for investigating discrimination complaints. Any district employee who receives a complaint that meets these criteria will promptly notify the compliance officer.
- Respondent means the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.
The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint. To this end, specific steps will be taken. The district is prohibited by law from intimidating, threatening, coercing or discriminating against any individual for the purpose of interfering with their right to file a grievance under this policy and procedure and from retaliating against an individual for filing such a grievance.
- Informal Process for Resolution
Anyone with an allegation of discrimination may request an informal meeting with the compliance officer or designated employee to resolve their concerns. Such a meeting will be at the option of the complainant. If unable to resolve the issue at this meeting, the complainant may submit a written complaint to the compliance officer. During the course of the informal process, the district must notify complainant of their right to file a formal complaint. - Formal Process for Resolution
Level One: Complaint to District
The complaint must set forth the specific acts, conditions or circumstances alleged to be in violation. Upon receipt of a complaint, the compliance officer will provide the complainant a copy of this procedure. The compliance officer will investigate the allegations within 30 calendar days. The school district and complainant may agree to resolve the complaint in lieu of an investigation. The officer shall provide the superintendent with a full written report of the complaint and the results of the investigation.
The superintendent or designee will respond to the complainant with a written decision as expeditiously as possible, but in no event later than 30 calendar days following receipt of the written complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the district will notify the complainant in writing of the reason for the extension and the anticipated response date at the time the district responds to the complainant, the district must send a copy of the response to the office of the superintendent of public instruction.
The decision of the superintendent or designee will include: 1) a summary of the results of the investigation; 2) whether the district has failed to comply with anti-discrimination laws; 3) if non-compliance is found, corrective measures the district deems necessary to correct it; and 4) notice of the complainant’s right to appeal to the school board and the necessary filing information. The superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964.
Any corrective measures deemed necessary shall be instituted as expeditiously as possible, but in no event later than 30 calendar days following the superintendent's mailing of a written response to the complaining party unless otherwise agreed to by the complainant.
Level Two – Appeal to the Board of Directors
If a complainant disagrees with the superintendent’s or designee’s written decision, the complainant may appeal the decision to the district board of directors by filing a written notice of appeal with the secretary of the board within ten (10) calendar days following the date upon which the complainant received the response.
The board shall schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant and the superintendent or for good cause. Both parties shall be allowed to present such witnesses and testimony as the board deems relevant and material. Unless otherwise agreed to by the complainant, the board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision. The decision of the board will be provided in a language the complainant can understand, which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act. The decision will include notice of the complainant’s right to appeal to the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the office of the superintendent of public instruction.
Level Three - Complaint to the Superintendent of Public Instruction
If a complainant disagrees with the decision of the board of directors, or if the district fails to comply with this procedure, the complainant may file a complaint with the superintendent of public instruction.
- A complaint must be received by the Superintendent of Public Instruction on or before the twentieth (20) calendar day following the date upon which the complainant received written notice of the board of directors’ decision, unless the Superintendent of Public Instruction grants an extension for good cause Complaints may be submitted by mail, fax, electronic mail, or hand delivery.
- A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-discrimination laws; 2) The name and contact information, including address, of the complainant; 3) The name and address of the district subject to the complaint; 4) A copy of the district’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information.
- Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board. Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed.
All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension. If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance.
A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint. OSPI may provide technical assistance and dispute resolution methods to resolve a complaint.
Level Four - Administrative Hearing
A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW.
- Mediation
At any time during the discrimination complaint procedure set forth in WAC 392-190-065 through 392-190-075, a district may, at its own expense, offer mediation. The complainant and the district may agree to extend the discrimination complaint process deadlines in order to pursue mediation.
The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator. Mediation must be voluntary and requires the mutual agreement of both parties. It may be terminated by either party at any time during the mediation process. It may not be sued to deny or delay a complainant’s right to utilize the complaint procedures.
Mediation must be conducted by a qualified and impartial mediator who may not: 1) Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or 2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district or charter school or other public or private agency solely because he or she serves as a mediator.
If the parties reach agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the course of mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding. The agreement must be signed by the complainant and a district representative who has authority to bind the district.
- Preservation of Records
The files containing copies of all correspondence relative to each complaint communicated to the district and the disposition, including any corrective measures instituted by the district, will be retained in the office of the compliance officer for a period of six years.
Adoption Date:
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3211 - Gender - Inclusive Schools
Policy: 3211
Section: 3000 - Students
Gender-Inclusive Schools
The board believes in fostering an educational environment that is safe and free of discrimination for all students, regardless of gender expression, gender identity, or sex. To that end, the board recognizes the importance of an inclusive approach toward transgender and gender-expansive students with regard to key terms, communication and the use of names and pronouns, student records, confidential health and education information, communication, restroom and locker room use and accessibility, sports and physical education, dress codes, and other school activities, in order to provide these students with an equal opportunity for learning and achievement.
This policy is a component of the district’s responsibility to create and maintain a safe, civil, respectful and inclusive learning community and will be implemented in conjunction with comprehensive training of staff and volunteers. Specific training requirements are included in the accompanying procedure. The superintendent will appoint a primary contact to receive copies of all formal and informal complaints and ensure policy implementation. The name and contact information for the compliance officer will be communicated throughout the district. The district compliance officer will participate in at least one mandatory training opportunity offered by OSPI
This policy and its procedure will support that effort by facilitating district compliance with local, state and federal laws concerning harassment, intimidation, bullying, and discrimination.
| Cross References: |
2145 - Suicide Prevention |
|---|---|
| Legal References: |
RCW 28A.642 Discrimination Prohibition |
| Management Resources: |
2014 - December Issue |
Adoption Date: 01.16
Classification: Essential
Revised Dates: 8.16; 10.19
3211P - Gender - Inclusive Schools Procedure
Policy: 3211P
Section: 3000 - Students
Procedure - Gender-Inclusive Schools
The principal or building administrator—or an appropriate, designated school employee—is encouraged to request a meeting with a transgender or gender-expansive student upon the student's enrollment in the district or in response to a currently enrolled student's change of gender expression or identity. Before contacting a student’s parents, the school will consult with the student about the student’s preferences regarding family involvement and honor those preferences.
The goals of the meeting are to:
- develop understanding of that student's individual needs with respect to their gender expression or identity, including any accommodations that the student is requesting or that the district will provide according to Policy 3211 and this procedure and under state and federal law; and
- develop a shared understanding of the student's day-to-day routine within the school so as to foster a relationship and help alleviate any apprehensions the student may have with regard to their attendance at school.
The school may not require the student to attend a meeting as condition of providing them with the protection to which they are entitled under Policy 3211, this procedure, and state and federal law regarding gender expression or identity.
Key Definitions/Terms
- Assigned sex at birth: The sex a person was given at birth, usually based on anatomy or chromosomes (e.g., male, female, intersex, etc.).
- Cisgender: A term used to describe people whose assigned sex matches their gender identity and/or gender expression (e.g., someone who was assigned female at birth and whose gender identity and/or gender expression is also female.
- Gender Expansive: A wider, more flexible range of gender identities or expressions than those typically associated with the binary gender system.
- Gender Expression: The external ways in which a person expresses their gender to the world, such as through their behavior, emotions, mannerisms, dress, grooming habits, interests, and activities.
- Gender Identity: A person’s internal and deeply-felt sense of being female, male, both, non-binary, gender-expansive, or other—regardless of the gender assigned at birth.
- Transgender: A term often used to describe a person whose gender identity or expression, or both, are different from those traditionally associated with their sex assigned at birth.
- Transitioning: The process in which a person goes from living and identifying as one gender to living and identifying as another.
Communication and Use of Names and Pronouns
An appropriate school employee will privately ask known transgender or gender-expansive students how they would like to be addressed in class, in correspondence to the home, and at conferences with the student’s parent/guardian. That information will be included in the electronic student record system along with the student’s legal name in order to inform teachers and staff of the name and pronoun by which to address the student. However, the student’s legal name should be accessible by only necessary staff members—it should not be visible to teachers or other staff who have access to the electronic records system.
When appropriate or necessary, this information will be communicated directly with staff to facilitate the use of proper names and pronouns. A student is not required to change their official records or obtain a court-ordered name and/or gender change as a prerequisite to being addressed by the name and pronoun that corresponds to their gender identity.
When communicating with transgender or gender expansive students regarding particular issues such as conduct, discipline, grades, attendance or health, school employees will focus on the conduct or particular issues rather than making assumptions regarding the student’s actual or perceived gender identity or gender expression. Before communicating with parents of transgender or gender expansive students, it’s important to ask the student how school employees should refer to the student when talking with their parents and guardians. For families who are supportive, using the student’s name and pronoun could be affirming for the student. For parents who are not supportive, or who are not aware of the student’s transition at school, referring to their name and pronoun could be very dangerous. The district will not condone the intentional or persistent refusal to respect a student’s gender identity or gender expression, or inappropriate release of information regarding a student’s transgender or gender-expansive status.
Official Records
The standardized high school transcript is the only official record that requires a student’s legal name. School staff should adopt practices to avoid the inadvertent disclosure of the student’s transgender or gender-expansive status. The District will change a student's official records to reflect a change in legal name upon receipt of:
- Documentation that the student’s legal name or gender has been changed pursuant to a court order or through amendment of state or federally-issued identification; or
- A written, signed statement explaining that the student has exercised a common-law name change and has changed their name for all intents and purposes and that the change has not been made for fraudulent reasons.
Schools may change a student’s official gender designation upon parent or student request pursuant to the Office of the Superintendent of Public Instruction’s (OSPI’s) process found on OSPI’s website. The process should not be overly cumbersome, and the district may not require verification from a physician.
The school must use the name and gender by which the student identifies on all other records, including but not limited to school identification cards, classroom seating charts, athletic rosters, yearbook entries, diplomas, directory information.
Confidential Health or Educational Information
Information about a student's gender identity, legal name, or assigned sex at birth may constitute confidential medical or educational information. Disclosing this information to other students, their parents, or other third parties may violate privacy laws, such as the federal Family Education Rights and Privacy Act (FERPA) (20 U.S.C. §1232; 34 C.F.R. Part 99). Therefore, to ensure the safety and well-being of the student, school employees should not disclose a student's transgender or gender-expansive status to others, including the student's parents and/or other school personnel, unless the school is (1) legally required to do so or (2) the student has authorized such disclosure.
Restroom Accessibility
Students will be allowed to use the restroom that corresponds to the gender identity they assert at school. No student will be required to use a restroom that conflicts with their gender identity. Any student—regardless of gender identity—who requests greater privacy should be given access to an alternative restroom. However, schools may not require a student to use an alternative restroom because of their transgender or gender-expansive status.
Locker Room Accessibility
Use of locker rooms by transgender or gender-expansive students will be assessed on a case-by-case basis, with the goal of maximizing transgender or gender-expansive student social integration, providing an equal opportunity to participate in physical education classes and athletic opportunities and ensuring the student’s safety. The district will take an approach that conforms with OSPI ‘s guidelines. In most cases, the district should provide the student access to the locker room that corresponds to the gender identity they assert at school. Reasonable alternatives to locker room conditions for any student who wants additional privacy include, but are not limited to:
- Use of a private area (e.g., nearby restroom stall with a door, an area separated by a curtain, an office in the locker room, or a nearby health office restroom);
- A separate changing schedule (i.e., utilizing the locker room before or after the other students).
The school will provide accommodations needed to allow the student to keep their transgender or gender-expansive status private. No student will be required to use a locker room that conflicts with his or her gender identity.
Sports and Physical Education Classes
The District will provide all students, including transgender and gender-expansive students, the opportunity to participate in physical education and athletic programs/opportunities in a manner that is consistent with their gender identity.
A student may seek review of his or her eligibility for participation in interscholastic athletics by working through the Gender Identity Participation procedure set forth by the Washington Interscholastic Activities Association (WIAA).
Dress Codes
The District will allow students to dress in a manner that is consistent with their gender identity and/or gender expression within the constraints of the dress codes adopted at their school site and within the constraints of the District guidelines for dress as they relate to health and safety issues (e.g., prohibitions on wearing gang-related apparel). School dress codes will be gender-neutral and will not restrict a student's clothing choices on the basis of gender. The district will take an approach that conforms with OSPI ‘s guidelines.
Other School Activities
In any school activity or other circumstance involving separation by gender (i.e., class discussions, field trips, and overnight trips), students will be permitted to participate in accordance with the gender identity they assert at school. Teachers and other school employees will make every effort to separate students based on factors other than gender where practicable.
Training and Professional Development
The district will designate one person to be the primary contact regarding this policy and procedure relating to transgender or gender expansive students. The primary contact must participate in at least one mandatory training opportunity offered by OSPI. When possible, the District will conduct staff training and ongoing professional development in an effort to build the skills of all staff members to prevent, identify and respond to harassment and discrimination. The content of such professional development should include, but not be limited to:
- Terms and concepts related to gender identity, gender expression, and gender diversity in children and adolescents;
- Appropriate strategies for communicating with students and parents about issues related to gender identity and gender expression, while protecting student privacy;
- Strategies for preventing and intervening in incidents of harassment and discrimination, including bullying and cyber-bullying;
- District and staff responsibilities under applicable laws and district policies regarding harassment, discrimination, gender identity, gender expression issues.
Discrimination and Harassment Complaints
Discrimination and harassment on the basis of sex, gender identity, or gender expression are prohibited within the district. It is the responsibility of each school, the District, and all staff to ensure that all students, including transgender and gender-expansive students, have a safe school environment. The scope of this responsibility includes ensuring that any incident of discrimination or harassment is given immediate attention and/or reported to the person designated as the primary contact relating to transgender or gender expansive students. The primary contact will communicate with the district’s Civil Rights Compliance Coordinator.
Complaints alleging discrimination or harassment based on a person’s actual or perceived gender identity or expression are to be taken seriously and handled in the same manner as other discrimination and harassment complaints. This includes investigating the incident and taking age and developmentally-appropriate corrective action. Anyone may file a complaint alleging a violation of this policy using the complaint process outlined in the district’s Nondiscrimination Procedure 3210P.
The district will share this policy and procedure with students, parents/guardians, employees, and volunteers.
Adoption Date: 01.16
Classification: Essential
Revised Dates: 08.16; 10.26
3225 - School - Based Threat Assessment
Policy: 3225
Section: 3000 - Students
School-Based Threat Assessment
The Board is committed to providing a safe and secure learning environment for students and staff. This policy establishes a school-based threat assessment program to provide for timely and methodical school-based threat assessment and management.
Threat assessment best occurs in school climates of safety, respect, and emotional support. Student behavior, rather than a student’s demographic or personal characteristics will serve as the basis for a school-based threat assessment.
The threat assessment process is distinct from student discipline procedures. The mere fact that the district is conducting a threat assessment does not by itself necessitate suspension or expulsion and the district will not impose suspension or expulsion, including emergency expulsion, solely for investigating student conduct or conducting a threat assessment. Further, suspension, or other removal from the school environment can create the risk of triggering either an immediate or a delayed violent response, unless such actions are coupled with containment and support. However, nothing in this policy precludes district personnel from acting immediately to address an imminent threat, including imposing an emergency expulsion, if the district has sufficient cause to believe that the student’s presence poses an immediate and continuing danger to other students or school personnel or an immediate and continuing threat of material and substantial disruption of the educational process.
Structure of Threat Assessment Teams
The superintendent shall establish and ensure the training of a multidisciplinary, multiagency threat assessment team or more than one such team to serve district schools. As the threat assessment team must be multidisciplinary and multiagency, it might include persons with expertise in:
- Counseling, such as a school counselor, a school psychologist and/or school social worker,
- Law enforcement, such as a school resource officer,
- School administration, such as a principal or other senior administrator,
- Other district or school staff,
- Community resources,
- Special education teachers, and a
- Practicing educational staff member.
Not every multidisciplinary team member need participate in every threat assessment. When faced with a potential threat by, or directed towards, a student receiving special education services, the threat assessment team must include a team member who is a special education teacher.
Although parents, guardians, or family members are often interviewed as part of the threat assessment process, neither the student nor the student’s family members are part of the threat assessment team. This does not diminish the district’s commitment that school personnel will make every reasonable attempt to involve parents and the student in the resolution of the student’s behavioral violations, consistent with Policy 3241 – Classroom Management, Discipline and Corrective Action.
Function of Threat Assessment Team
Each threat assessment team member, whether a teacher, counselor, school administrator, other school staff, contractor, consultant, volunteer, or other individual, functions as a “school official with a legitimate educational interest” in educational records controlled and maintained by the district. The district provides the threat assessment team access to educational records as specified by the Family Educational Rights and Privacy Act (FERPA). No member of a threat assessment team, including district/school-based members and community resource/law enforcement members, shall use any student record beyond the prescribed purpose of the threat assessment team or re-disclose records obtained by being a member of the threat assessment team, except as permitted by FERPA.
The threat assessment team:
- Identifies and assesses the behavior of a student that is threatening, or potentially threatening, to self, other students, staff, school visitors, or school property. Threats of self-harm or suicide unaccompanied by threats of harm to others should be promptly evaluated according to Policy 2145 – Suicide Prevention.
- Gathers and analyzes information about the student’s behavior to determine a level of concern for the threat. The threat assessment team may conduct interviews of the person(s) who reported the threat, the recipient(s) or target(s) of the threat, other witnesses who have knowledge of the threat, and where reasonable, the individual(s) who allegedly engaged in the threatening behavior or communication. The purpose of the interviews is to evaluate the individual’s threat in context to determine the meaning of the threat and intent of the individual. The threat assessment team may request and obtain records in the district’s possession, including student education, health records, and criminal history record information. The purpose of obtaining information is to evaluate situational variables, rather than the student’s demographic or personal characteristics.
- Determines the nature, duration, and level of severity of the risk and whether reasonable modifications of policies, practices, or procedures will mitigate the risk. The threat assessment team will not base a determination of threat on generalizations or stereotypes. Rather, the threat assessment team makes an individualized assessment, based on reasonable judgment, best available objective evidence, or current medical evidence as applicable;
- Communicates lawfully and ethically with each other, school administrators, and other school staff who have a need to know particular information to support the safety and well-being of the school, its students, and its staff; and
- Timely reports its determination to the superintendent or designee.
Depending on the level of concern determined, the threat assessment team develops and implements intervention strategies to manage the student’s behavior in ways that promote a safe, supportive teaching, and learning environment, without excluding the student from the school.
In cases where the student whose behavior is threatening or potentially threatening also has a disability, the threat assessment team aligns intervention strategies with the student’s individualized education program (IEP) or the student’s plan developed under section 504 of the rehabilitation act of 1973 (section 504 plan) by coordinating with the student’s IEP team or section 504 plan team. Although some of the functions of a school-based threat assessment may run parallel to the functions of a student’s IEP team or 504 plan team, school-based threat assessments remain distinct from those teams and processes.
Data Collection, Review and Reporting
The superintendent shall establish procedures for collecting and submitting data related to the school-based threat assessment program that comply with OSPI’s monitoring requirements, processes, and guidelines.
Other tasks of threat assessment team
The threat assessment team may also participate in other tasks that manage or reduce threatening or potentially threatening behavior and increase physical and psychological safety. This may include:
- Providing guidance to students and staff regarding recognition of behavior that may represent a threat to students, staff, school, the community, or the individual;
- Providing informational resources for community services boards or health care providers for medical evaluation or treatment, as appropriate;
- Assessing individuals other than students whose behavior poses a threat to the safety of students or staff and notify the superintendent or designee of such an individual.
| Cross References: |
2121 - Substance Abuse Program |
|---|---|
| Legal References: |
CFR 34, Part 99, Family Educational Rights and Privacy Act Regulations |
Adoption Date: 11.21
Classification: Essential
Revised Dates:
3231 - Student Records
Policy: 3231
Section: 3000 - Students
Student Records
The district will maintain those student records necessary for the educational guidance and/or welfare of students, for orderly and efficient operation of schools and as required by law. All information related to individual students will be treated in a confidential and professional manner. The district will use reasonable methods to ensure that teachers and other school officials obtain access to only those education records in which they have legitimate educational interests. When information is released in compliance with state and federal law the district and district employees are immune from civil liability unless they acted with gross negligence or in bad faith.
The district will retain records in compliance with the current, approved versions of the Local Government General Records Retention Schedule (CORE) and the School Districts and Educational Service Districts Records Retention Schedule,both of which are published on the Secretary of State’s website.
Student records are the property of the district but will be available in an orderly and timely manner to students and parents. “Parent” includes the state Department of Social and Health Services when a minor student has been found dependent and placed in state custody. A parent or adult student may challenge any information in a student record believed inaccurate, misleading or in violation of the privacy or other rights of the student.
Student records will be forwarded to other school agencies upon request. A high school student may grant authority to the district which permits prospective employers to review the student’s transcript. Parental or adult student consent will be required before the district may release student records other than to a school agency or organization, except as otherwise provided by law.
A grades report, transcript, or diploma will not be released until a student has made restitution for damages assessed as a result of losing or damaging school materials or equipment. If a student has transferred to another school district that has requested the student’s records, but the student has an outstanding fee or fine, only records pertaining to the student’s academic performance, special placement, immunization history and discipline actions will be sent to the enrolling school. The content of those records will be communicated to the enrolling district within two school days and copies of the records will be sent as soon as possible. The official transcript will not be released until the outstanding fee or fine is discharged. The enrolling school will be notified that the official transcript is being withheld due to an unpaid fee or fine.
The superintendent will establish procedures governing the content, management and control of student records.
| Cross References: |
2100 – Educational Opportunities for Military Children |
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| Legal References: |
20 U.S.C. 1232g Family Education Rights and Privacy Act |
| Management Resources: |
Records Retention Schedule for School Districts and ESDs (updated 2014) |
Adoption Date: 11.04.02
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3232 - Parent and Student Rights in Administration of Surveys, Analysis or Evaluation
Policy: 3232
Section: 3000 - Students
Parent and Student Rights in Administration of Surveys, Analysis or Evaluations
All instructional materials, including supplementary materials and teachers manuals, used with any survey, analysis or evaluation in a program or project supported by federal funds are available for inspection by parents and guardians.
No student will be required as part of any project or program supported by federal funds to submit to a survey, analysis or evaluation that reveals information concerning:
- Political affiliations;
- Potentially embarrassing mental or psychological problems;
- Sexual behavior and attitudes;
- Illegal, anti-social, self-incriminating or demeaning behavior;
- Critical appraisals of close family members;
- Privileged or similar relationships;
- Religious practices, affiliations, or beliefs of the student or student’s parent; or
- Income other than information necessary to establish eligibility for a program; without the prior consent of adult or emancipated students, or written permission of parents.
The district will make arrangements to protect student privacy during the administration of surveys and the collection, disclosure or use of personal information for marketing, sales or other distribution purposes.
| Cross References: | 3231 - Student Records |
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| Legal References: |
20 U.S.C. 1232h(c) No Child Left Behind Act of 2001 |
| Management Resources: | Policy News, April 2003 Districts Required to Review Collection and Dissemination of Information |
Adoption Date: 08.18.03
Kiona-Benton City School District
Classification: Priority
Revised Dates: 08.08.16
3232P - Procedure: Parent and Student Rights in Administration of Surveys, Analysis or Evaluation
Policy: 3232P
Section: 3000 - Students
Procedure Parent and Student Rights in Administration of Surveys, Analysis or Evaluation
Right to Inspect
Parents, upon request, will have the opportunity to inspect the following:
- Surveys created by a third party before the survey is administered or distributed by a school to students;
- Instructional material used as part of the educational curriculum; and
- Any survey document used to collect information from students.
Notice
At the beginning of each school year the district will provide emancipated students and parents notification in writing of the district policy and the specific or approximate dates of any student survey, analysis or evaluation scheduled during the school year.
Opt-Out
The notification will include provisions to opt a student out of participating in:
- Any protected information survey, regardless of funding;
- Activities involving collection, disclosure, or use of personal information obtained from students for marketing or selling to others; or
- Any non-emergency, invasive physical examination or screening required as a condition of attendance, administered by the school, and not necessary to protect the immediate health and safety of a student.
Adoption Date:
Kiona-Benton City School District
Classification: Priority
Revised Dates: 08.08.16
3240 - Student Conduct
Policy: 3240
Section: 3000 - Students
Student Conduct Expectations and Reasonable Sanctions
The board acknowledges that conduct and behavior is closely associated with learning. An effective instructional program requires a wholesome and orderly school environment. The board requires that each student adhere to the rules of conduct and submit to corrective action taken as a result of conduct violations. The rules of conduct are applicable during the school day as well as during any school activity conducted on or off campus. Special rules are also applicable while riding on a school bus.
Students are expected to:
- Respect the rights, person and property of others;
- Pursue the required course of study;
- Preserve the degree of order necessary for a positive climate for learning; and
- Comply with district rules and regulations;
- Submit to the authority of staff and reasonable discipline imposed by school employees and respond accordingly.
The superintendent will develop written rules of conduct which will carry out the intent of the board and establish procedures necessary to implement this policy.
| Cross References: |
3241 – Classroom Management, Discipline and Corrective Action |
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| Legal References: |
RCW 28A.210.310 Prohibition on use of tobacco products on school property |
| Management Resources: |
2014 - August Issue |
Adoption Date: 08.18.03
Kiona-Benton City School District
Classification: Priority
Revised Dates: 08.08.16
3241 - Student Discipline
Policy: 3241
Section: 3000 - Students
Student Discipline
Introduction/Philosophy/Purpose
The Board of the Kiona- Benton City School District focuses on the educational achievement of each and every student. The District holds high expectations for all students and gives all students the opportunity to achieve personal and academic success. “Discipline” means any action taken by the school district in response to behavioral violations, including exclusionary as well as positive and supportive forms of discipline. The Board intends that this policy and procedure be implemented in a manner that supports positive school climate, maximizes instructional time, and increases equitable educational opportunities.
The purposes of this policy and accompanying procedure include:
- Engaging with school personnel, students, parents, families, and the community in decisions related to the development and implementation of discipline policies and procedures;
- Supporting students in meeting behavioral expectations, including providing for early involvement of parents and families;
- Administering discipline in ways that respond to the needs and strengths of students and keep students in the classroom to the maximum extent possible;
- Providing educational services that students need to complete their education without disruption;
- Facilitating collaboration between school personnel, students, parents, and families to support successful reentry into the classroom following a suspension or expulsion;
- Ensuring fairness, equity, and due process in the administration of discipline;
- Implementing culturally responsive discipline that provides every student the opportunity to achieve personal and academic success;
- Providing a safe environment for all students and for district employees;
Rights and Responsibilities/District Commitment
The Board recognizes the negative and disproportionate impact of exclusionary discipline practices and is committed to:
- Identifying and addressing discipline policies and practices that perpetuate educational opportunity gaps;
- Proactively implementing discipline practices that support students in meeting behavioral expectations without losing access to instruction;
The District will observe students’ fundamental rights and will administer discipline in a manner that does not:
- Unlawfully discriminate against a student on the basis of sex, race, creed, religion, color, national origin, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal;
- Deprive a student of the student's constitutional right to freedom of speech and press, the constitutional right to peaceably assemble and to petition the government and its representatives for a redress of grievances, the constitutional right to the free exercise of religion and to have the student's school free from sectarian control or influence, subject to reasonable limitations upon the time, place, and manner of exercising the right;
- Deprive a student of the student's constitutional right to be secure in the student's person, papers, and effects against unreasonable searches and seizures;
- Unlawfully interfere in a student's pursuit of an education while in the custody of the school district; or
- Deprive a student of the student's right to an equal educational opportunity, in whole or in part, by a school district without due process of law.
This District’s student discipline policy and procedure is designed to provide students with a safe, healthy, and educationally sound environment. Students are expected to be aware of and comply with this policy and procedure, including behavioral expectations that respect the rights, person, and property of others. Students are also expected to pursue the required course of studies. Students and staff are expected to work together to develop a positive climate for learning, consistent with Board Policy 3112 – Social Emotional Climate.
Development and review
Accurate and complete reporting of all disciplinary actions, including the associated student-level information, behavioral violations, and other forms of discipline the district considered or attempted, is essential for effective review of this policy; therefore, the district will ensure such reporting.
The district will collect data on disciplinary actions administered in each school, as required by RCW 28A.300.042, and any additional data required under other district policies and procedures.
The District will ensure that school principals confer with certificated building employees at least annually to develop and/or review building discipline standards and review the fidelity of implementation of those standards. At each district school, principals and certificated staff will develop written school procedures for administering discipline at their school with the participation of other school personnel, students, parents, families, and the community. Each school will:
- Establish behavioral expectations with students and proactively teach expectations across various school settings.
- Develop precise definitions for problem behaviors and behavioral violations to address differences in perceptions of subjective behaviors and reduce the effect of implicit bias.
- Define the differences between minor and major behavior incidents to clarify the types of behaviors that may or may not result in classroom exclusion or are severe enough that an administrator needs to be involved.
- Identify a continuum of best practices and strategies for classroom-based responses that building staff should administer before or instead of classroom exclusion to support students in meeting behavioral expectations.
Schools handbooks, codes of conduct, and building discipline standards must not conflict with this policy, accompanying procedures, or other Board policies. A school’s building discipline standards must be annually approved by the superintendent or designee.
School principals will ensure teachers and other school personnel receive adequate support to effectively implement a continuum of identified best practices and strategies that:
- Focus on prevention to reduce the use of exclusionary discipline practices;
- Allow the exercise of professional judgment and skill sets; and
- May be adapted to individual student needs in a culturally responsive manner.
School principals will confer with certificated building employees at least annually to establish criteria for when certificated employees must complete classes to improve classroom management skills.
The District will periodically review and further develop this policy and procedure with the participation of school personnel, students, parents, families, and the community. As part of this development and review process, the district will use disaggregated data collected under RCW 28A.300.042 to monitor the impact of student discipline practices as well as to improve fairness and equity in the administration of student discipline. Discipline data must be disaggregated by:
- School.
- Student groups, including by gender, grade level, race/ethnicity (including further disaggregation of federal race and ethnicity categories in accordance with RCW 28A.300.042(1) and CEDARS Appendices Y and Z), low-income, English language learner, migrant, special education, Section 504, foster care, and homeless.
- Behavioral violation.
- Discipline types, including classroom exclusion, in-school suspension, short-term suspension, long-term suspension, emergency removal, and expulsion.
The District will follow the practices outlined in guidance from the Race and Ethnicity Student Data Task Force when disaggregating broader racial categories into subracial and subethnic categories. The District will consider student program status and demographic information (i.e. gender, grade-level, low-income, English language learner, migrant, special education, Section 504, foster care, and homeless) when disaggregating student race and ethnicity data to identify any within-group variation in school discipline experiences and outcomes of diverse student groups. This process may include reviewing data to prevent and address discrimination against students in protected classes identified in chapters 28A.640 and 28A.642 RCW, however, the District will ensure it reviews disaggregated discipline data in accordance with WAC 392-190-048 at least annually.
The District will support each school building leadership teams to:
- set at least one goal annually for improving equitable student outcomes;
- create an actions plan or plans;
- evaluate previous goals and action plans; and
- revise goals and action plans, based on evaluations.
Schools will share identified goals and action plans with all staff, students, parents, families, and the community.
Distribution of policies and procedures
The District will make the current version of this policy and procedure available to families and the community. The District will annually provide this policy and procedure to all District personnel, students, parents, and families, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.
The District will ensure district employees and contractors are knowledgeable of this student discipline policy and procedure. At the building level, schools will annually provide the current building discipline standards, developed as stated above, to all school personnel, students, parents, and families, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964. Schools will ensure all school personnel are knowledgeable of the school building discipline standards. Schools are encouraged to provide discipline training developed under RCW 28A.415.410 to support implementation of this policy and procedure to all school staff as feasible.
Application
This policy and accompanying procedure will be construed in a manner consistent with Washington law as stated in WAC 392-400-020.
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Cross References: |
2121 - Substance Abuse Program |
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2161 - Special Education and Related Services for Eligible Students |
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2162 - Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 1973 |
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3122 - Excused and Unexcused Absences |
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3210 - Nondiscrimination |
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3244 - Prohibition of Corporal Punishment |
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3520 - Student Fees, Fines, or Charges |
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4210 - Regulation of Dangerous Weapons on School Premises |
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4218 - Language Access |
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Legal References: |
42 U.S.C. 2000d et seq. Civil Rights Act of 1964 |
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34 CFR Part 100.3 Regulations implementing Civil Rights Act of 1964 |
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Chapter 392-400, WAC Pupils |
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WAC 392-190-048 Access to course offerings Student discipline |
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Chapter 28A.320, RCW Provisions applicable to all districts |
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Chapter 28A.600 RCW, Students |
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RCW 28A.400.110 Principal to assure appropriate student discipline Building discipline standards Classes to improve classroom management skills |
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RCW 28A.400.100 Principals and vice principals Employment of Qualifications Duties |
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Chapter 28A.225, RCW Compulsory school attendance and admission |
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RCW 28A.150.240 Certificated teaching and administrative staff as accountable for classroom teaching Scope Responsibilities Penalty |
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RCW 9.41.280 Possessing dangerous weapons on school facilities Penalty Exceptions |
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Management Resources: |
2019 - April April Policy Alert |
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2010 - June Issue |
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2014 - August Issue |
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2014 - December Issue |
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2016 - July Policy Issue |
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2018 - August 2018 - August Policy Issue |
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Adoption Date: 02.03
Classification: Essential
Revised Dates: 08.16; 08.24
3245 - Students and Telecommunication Devices
Policy: 3245
Section: 3000 - Students
Students and Telecommunication Devices
Students in possession of telecommunications devices, including, but not limited to, pagers, beepers and cellular phones, while on school property or while attending school-sponsored or school-related activities will observe the following conditions:
- Students will not use telecommunication devices in a manner that poses a threat to academic integrity, disrupts the learning environment or violates the privacy rights of others;
- Students will not send, share, view or possess pictures, text messages, emails or other material depicting sexually explicit conduct, as defined in RCW 9.68A.011, in electronic or any other form on a cell phone or other electronic device, while the student is on school grounds, at school sponsored events or on school buses or vehicles provided by the district;
- When a school official has reasonable suspicion, based on objective and articulable facts, that a student is using a telecommunications device in a manner that violates the law or school rules, the official may confiscate the device, which will only be returned to the student’s parent or legal guardian;
- By bringing a cell phone or other electronic devices to school or school-sponsored events, the student and their parent/guardian consent to the search of the device when school officials have a reasonable suspicion, based on objective and articulable facts, that such a search will reveal a violation of the law or school rules;
- Students are responsible for devices they bring to school. The district will not be responsible for loss, theft or destruction of devices brought onto school property or to school sponsored events;
- Students will comply with any additional rules developed by the school concerning the appropriate use of telecommunication or other electronic devices; and
- Students who violate this policy will be subject to disciplinary action, including suspension or expulsion.
| Cross References: |
4310 - District Relationships with Law Enforcement and other Government Agencies |
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| Management Resources: |
2010 - October Issue |
Adoption Date: 9/2/17
Kiona-Benton City School District
Classification: Priority
Revised Dates:
3246 - Restraint, Isolation and Other Uses of Reasonable Force
Policy: 3246
Section: 3000 - Students
Restraint, Isolation and Other Uses of Reasonable Force
It is the policy of the Kiona Benton City Board of Directors that the district maintains a safe learning environment while treating all students with dignity and respect. All students in the district, including those who have an individualized education program (IEP) or plan developed under section 504 of the Rehabilitation Act of 1973, will remain free from unreasonable restraint, restraint devices, isolation, and other uses of physical force. Under no circumstances will these techniques be used as a form of discipline or punishment.
This policy is intended to address district students. It is not intended to prevent or limit the use of restraint or other reasonable force as necessary with adults or other youth from outside the district as allowed by law.
Use of restraint, isolation, and other forms of reasonable force may be used on any student when reasonably necessary to control spontaneous behavior that poses an "imminent likelihood of serious harm" as defined by RCW 71.05.020 and Chapter 392-172A WAC and explained in the procedure accompanying this policy. Serious harm includes physical harm to self, another, or district property. Staff will closely monitor such actions to prevent harm to the student and will use the minimum amount of restraint and isolation appropriate to protect the safety of students and staff. The restraint, isolation, and other forms of reasonable force will be discontinued when the likelihood of serious harm has dissipated.
The superintendent or a designee will develop procedures to implement this policy, including review, reporting and parent/guardian notification of incidents involving restraint or isolation as required by law. Additionally, the superintendent will annually report to the board on incidents involving the use of force.
| Cross References: |
2161 - Special Education and Related Services for Eligible Students |
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| Legal References: |
RCW 9A.16.020Use of force — When lawful |
| Management Resources: |
2016 - March Issue |
Adoption Date: 05.14
Classification: Essential
Revised Dates: 03.21; 02.22
3246P - Procedure: Restraint, Isolation and Other Uses of Reasonable Force
Policy: 3246P
Section: 3000 - Students
Procedure - Restraint, Isolation and Other Uses of Reasonable Force
This procedure is intended to apply to a broad range of circumstances whenever it is deemed reasonably necessary by district staff to control spontaneous behavior by any student that poses an imminent likelihood of serious harm. This procedure is intended to be interpreted consistent with the requirements of RCW 28A.600.485, RCW 9A.16.020, RCW 9A.16.100, RCW 28A.160.300, RCW 28A.155.210, WAC 392-400-235, and, for students with an IEP, consistent with the regulations of Chapter 392-172A, WAC.
Definitions:
- Behavioral intervention plan: A plan incorporated into a student’s Individualized Education Program (IEP), which at a minimum describes: 1)The pattern of behavior that impedes the student’s learning or the learning of others; 2)The instruction and/or environmental conditions or circumstances that contribute to the pattern of behavior(s) being addressed by the IEP team; 3)The positive behavioral interventions and supports to: i) reduce the pattern of behavior(s) that impedes the student’s learning or the learning of others and increases the student’s desired prosocial behaviors: and ii) ensure the consistency of the implementation of the positive behavioral interventions across the student’s school-sponsored instruction or activities); and d)The skills that will be taught and monitored as alternatives to challenging behavior(s) for a specific pattern of behavior of the student.
- Chemical spray: Pepper spray, OC spray, or other similar chemicals that are used to control a student or limit a student’s freedom of movement.
- De-escalation: The use of positive behavioral interventions and other district-approved strategies to defuse a student who has lost self-control, is non-compliant or is demonstrating unacceptable behavior. These strategies address behavior that is dangerous, disruptive or otherwise impedes the learning of a student or others.
- Imminent: The state or condition of being likely to occur at any moment or near at hand, rather than distant or remote.
- Isolation: Restricting a student alone within a room or any other form of enclosure, from which the student may not leave. It does not include a student’s voluntary use of a quiet space for self-calming, or temporary removal of a student from his or her regular instructional area to an unlocked area for purposes of carrying out an appropriate positive behavior intervention plan.
- Likelihood of serious harm: A substantial risk that physical harm will be inflicted by a student:
- upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;
- upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm;
- upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or
- after the student has threatened the physical safety of another and has a history of one or more violent acts.
- Physical force: The use of bodily force or physical restriction that substantially immobilizes or reduces the free movement of a student.
- Positive behavioral interventions: Strategies and instruction that can be implemented in a strategic manner in order to provide alternatives to challenging behaviors, reinforce desired behaviors, and reduce or eliminate the frequency and severity of challenging behaviors. Positive behavioral interventions include the consideration of environmental factors that may trigger challenging behaviors and teaching a student the skills to manage his or her own behavior.
- Restraint: Physical intervention or force used to control a student, including the use of a restraint device. It does not include appropriate use of a prescribed medical, orthopedic or therapeutic device when used as intended, such as to achieve proper body position, balance or alignment or to permit a student to safely participate in activities.
- Restraint device: A device used to assist in controlling a student, including, but not limited to metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, pepper spray, tasers or batons. Restraint device does not mean a seat harness used to safely transport students. This definition is consistent with RCW 28A.600.485 (1)(c), and is not intended to endorse or encourage the use of such devices or techniques with district students.
- School police officer: An employee of the school district responsible for security services in the district under the direction of a school administrator, but who also is a commissioned officer.
- School resource officer: A commissioned law enforcement officer who provides law enforcement services and may perform other duties for the district, and is assigned by the employing police department or agency to work in collaboration with the district.
- School security officer: A classified or contracted school district employee other than a school resource officer who provides security services in the district under the direction of a school administrator.
General use of restraint, isolation, or other forms of reasonable force:
- Restraint, isolation, or other forms of reasonable force may be used to prevent or minimize imminent bodily harm to self or others, or if de-escalation or other positive behavioral interventions fail or are inappropriate, to protect district property, where there is an “imminent likelihood of such serious harm” occurring, as defined above.
- Restraint, isolation, or other forms of reasonable physical force may be used when a student has caused a substantial loss or damage to the property of others, and the student’s behavior poses a substantial risk that such property damage will be inflicted.
- Restraint devices may be used as needed to obtain possession of a known or reasonably-suspected weapon or other dangerous object on a person or within the control of a person.
- An IEP or plan developed under Section 504 of the Rehabilitation Act of 1973 must not include the use of restraint or isolation as a planned behavior intervention unless a student’s individual needs require more specific advanced education planning and the student’s parent or guardian agrees. Nothing in these procedures is intended to limit the provision of a free appropriate public education (FAPE) under Part B of the Individuals with Disabilities Act (IDEA) or Section 504 of the Rehabilitation Act of 1973.
- Restraint, isolation, or other forms of reasonable physical force will not be used as a form of discipline or punishment.
- Restraint, isolation, or other forms of reasonable physical force will not be used as an initial response to destruction of property, school disruption, refusal of the student to comply with school rules or a staff directive; or a verbal threat that does not constitute a threat of imminent bodily injury, unless other forms of de-escalation and positive behavioral interventions fail or are inappropriate.
- Restraint, isolation, or other forms of reasonable physical force should not be used as an intervention if the school employee, school resource officer or school security officer knows that the student has a health condition or physical problem and the condition or problem would be exacerbated by the use of such techniques.
Practices presumed to be unreasonable when correcting or restraining any child (RCW 9A.16.100):
Under RCW 9A.16.100, the following is a non-exclusive list of acts that are presumed unreasonable when correcting or restraining a child:
- throwing, kicking, burning, or cutting a child;
- striking a child with a closed fist;
- shaking a child under age three;
- interfering with a child’s breathing;
- threatening a child with a deadly weapon; or
- doing any other act that is likely to cause bodily harm to a student greater than transient pain or minor temporary marks.
This non-exclusive list should not be read so as to imply that another, unlisted form of correction or restraint is permissible. Whether or not an unlisted use of force or restraint is presumptively permissible depends upon a balanced consideration of all relevant state laws and regulations, and whether the use is reasonable under the totality of the circumstances.
Conditions specific to use of isolation or restraint with students eligible for special education (consistent with WAC 392-172A-02110):
- The isolation enclosure will be ventilated, lighted and temperature controlled from inside or outside for purposes of human occupancy.
- The isolation enclosure will permit continuous visual monitoring of the student from outside the enclosure.
- An adult responsible for supervising the student will remain in visual or auditory range of the student at all times.
- Either the student shall be capable of releasing himself or herself from the enclosure, or the student shall continuously remain within view of an adult responsible for supervising the student.
- Any staff member or other adults using isolation, restraint, or a restraint device must be trained and currently certified by a qualified provider in the use of trauma-informed crisis intervention (including de-escalation techniques) and the safe use of isolation, unless trained personnel are not immediately available due to the unforeseeable nature of the emergency.
Prohibited practices involving restraint, use of force, and discipline specifically for students eligible for special education (consistent with WAC 392-172A-02076):
The following practices are prohibited with students eligible for special education services:
- District personnel are prohibited from using aversive interventions with a student;
- District personnel are prohibited from physically restraining or isolating any student, except when the student’s behavior poses an imminent likelihood of serious harm as defined above;
- No student may be stimulated by contact with electric current, including, but not limited to, tasers;
- A student may not be denied or subjected to an unreasonable delay in the provision of food or liquid from when the food or liquid is customarily served as a form of punishment;
- A student may not be the recipient of force or restraint that is either unreasonable under the circumstances or deemed to be an unreasonable form of corporal punishment as a matter of state law (see above, for example, for a list of practices presumed to be unreasonable when used in correcting or restraining a child);
- A student must not be denied or subjected to an unreasonable delay in the provision of common hygiene care;
- A student must not be denied or subjected to an unreasonable delay in the provision of medication;
- A student may not be excluded from his or her regular instructional or service area and isolated within a room or any other form of enclosure, except under the conditions set forth in WAC 392-172A-02110;
- A student must not be forced to listen to noise or sound that the student finds painful;
- A student must not be forced to smell or be sprayed in the face with a noxious or potentially harmful substance;
- A student must not be forced to taste or ingest a substance which is not commonly consumed or which is not commonly consumed in its existing form or concentration;
- A student’s head must not be partially or wholly submerged in water or any other liquid.
- A student must not be physically restrained or immobilized by binding or otherwise attaching the student’s limbs together or by binding or otherwise attaching any part of the student’s body to an object or against a wall or the floor, except under the conditions set forth in WAC 392-172A.02110;
- A student must not be subjected to the use of prone (lying face-down) or supine (lying face-up) restraint, wall restraint, or any restraint that interferes with the student’s breathing.
Degree of force:
- Restraint, isolation, or other forms of reasonable physical force will be discontinued as soon as a determination is made by the staff member administering the restraint, isolation, or other forms of reasonable physical force that the likelihood of serious harm has dissipated.
- Restraint, isolation, or other forms of reasonable physical force must be administered in such a way so as to prevent or minimize physical harm to the student. If, at any time during the use of restraint, isolation, or other forms of reasonable physical force, the student demonstrates significant physical distress, the technique must be reduced immediately and, if necessary, school staff must take immediate steps to seek medical assistance.
Monitoring:
An adult must continually monitor any student when restraint, isolation, or other forms of reasonable physical force is used. The monitoring must be conducted by continuous visual monitoring of the student. Monitoring must include regularly evaluating the student for signs of physical distress
Post-incident notification and review with parent/guardian:
Within twenty-four (24) hours following the use of restraint, isolation, or other forms of reasonable physical force with a student, the principal or designee must make a reasonable effort to verbally inform the student’s parent or guardian of the incident. The principal or designee must also send written notification as soon as practical, but postmarked no later than five (5) business days after restraint, isolation, or other forms of reasonable physical force has been used with a student. If the school or district customarily provides the parent or guardian with school-related information in a language or mode of communication other than English, the written report must be provided to the parent or guardian in that language or mode of communication.
The principal or designee will review the incident with the student and the parent or guardian (though not necessarily at the same time) to address the behavior that precipitated the use of the technique and the appropriateness of the response. The principal or designee will review the incident with the staff person(s) who administered the restraint, isolation, or other forms of reasonable physical force to discuss whether proper procedures were followed and what staff training or support is needed to help the student avoid similar incidents.
IEPs and 504 plans will include the above procedures for notification of parents/guardians regarding the use of isolation and restraint on their student.
Incident report:
Any school employee, school resource officer or school security officer who uses restraint, isolation, or other forms of reasonable physical force, as defined in this procedure, on any student during school-sponsored instruction or activities, will inform the principal or a designee as soon as possible and within two (2) business days submit a written report of the incident to the district office. The written report will contain, at a minimum:
- The date and time of the incident;
- The name and job title of the staff member who administered the restraint, isolation, or other form of reasonable physical force;
- A description of the activity that led to the restraint, isolation, or other form of reasonable physical force;
- The type of restraint, isolation, or other forms of reasonable physical force used on the student, and the duration;
- Whether the student or staff was physically injured during incident involving restraint, isolation, or other forms of reasonable physical force;
- Any medical care provided to the student or staff; and
- Any recommendations for changing the nature or amount of resources available to the student and staff members in order to avoid similar incidents.
Resolution of concerns about the use of force incident:
A student or his/her parent or guardian who has concerns regarding a specific incident involving restraint, isolation, or other forms of reasonable physical force may seek to resolve the concern by using the district’s complaint process which is set forth in Policy 4220, Complaints Concerning Staff or Programs.
Providing parents/guardians with Restraint, Isolation, and Other Uses of Reasonable Force policy:
The district will make available to all parents/guardians of students the district’s policy on Restraint, Isolation and Other Use of Reasonable Force. If the student has an IEP or 504 plan, the District will provide the parents/guardians a copy of the policy each time an initial or annual IEP or 504 plan is developed.
Staff training requirements:
All training will include instruction in positive management of student behavior, cultural sensitivity, effective communication for defusing and de-escalating disruptive or dangerous behavior and safe and appropriate use of force, isolation and restraint. Annually, administrators will provide all staff with the district established policy and procedure regarding the use of reasonable force.
All staff should be informed of de-escalation strategies and proper physical intervention procedures. Appropriate staff and those who are required or reasonably anticipated to provide physical force intervention will be trained in the use of physical force intervention.
Only staff trained by a qualified provider and authorized to use isolation, restraint, restraint devices or chemical spray procedures will administer it to students. The appropriate personnel will include those staff members who are most likely to be called upon to use isolation, restraint, restraint devices or chemical spray to prevent or address disruptive or dangerous student behavior.
Submission of incident reports to the Office of Superintendent of Public Instruction:
Beginning January 1, 2016 and annually by January 1 thereafter, the district will summarize the written incident reports described above and submit those summaries to OSPI. The summaries will include:
- the number of individual incidents of restraint and isolation;
- the number of students involved in the incidents;
- the number of injuries to students and staff; and
- the types of restraint or isolation used.
Annual Report:
The building administrator or a designee will maintain a log of all instances of use of force as defined by this procedure, which will be presented to the superintendent annually. The superintendent will provide an annual report to the board regarding the district's use of force.
Revised Dates: 03.21; 02.22
3410 - Student Health
Policy: 3410
Section: 3000 - Students
Student Health
The superintendent will arrange for health services to be provided to all students. Such services will include but not be limited to:
- The maintenance of student health records;
- The development of procedures at each building for the isolation and temporary care of students who become ill during the school day;
- Consulting services of a qualified health specialist;
- Vision and hearing screening;
- Immunization records and screening.
| Cross References: |
3416 - Medication at School |
|---|---|
| Legal References: |
RCW 28A.210.300 School physician or school nurse may be employed |
| Management Resources: | 2011 - February Issue |
Adoption Date:
Kiona-Benton City School District
Classification: Priority
Revised Dates: 08.08.16
3412 - Automated External Defibrillators
Policy: 3412
Section: 3000 - Students
Automated External Defibrillators
The Kiona-Benton City School District Board of Directors recognizes that by equipping schools with automated external defibrillators (AEDs) and training employees and students in their use, the potential to save lives in the event of a health emergency, including cardiac arrest, is increased. The board authorizes the district to place AEDs at designated school sites. Schools and district facilities with an AED on site will train selected staff in their use according to the guidelines provided by the Washington State Department of Health. Beginning with the 2013-14 school year, instruction in cardiopulmonary resuscitations, to include appropriate use of an AED, will be included in at least one health class necessary for graduation. This policy does not create any implied or express guarantee, or obligation to use an AED, nor does it create an expectation that an AED or a trained employee or student will be present and able to use an AED, even if a condition arose that made the use of an AED beneficial.
A person who uses an AED at the scene of an emergency and all other persons and entities providing services are immune from civil liability for any personal injury that results from any act or omission in the use of the AED in an emergency setting, unless the acts or omissions amount to gross negligence or willful or wanton misconduct.
The superintendent will develop procedures for the placement, maintenance, and use of AEDs in schools.
| Cross References: |
2410 - High School Graduation Requirements |
|---|---|
| Legal References: |
Chapter 28A.230 RCW COMPULSORY COURSEWORK AND ACTIVITIES |
| Management Resources: |
2013 – September Issue |
Adoption Date: 05.29.12
Kiona-Benton City School District
Classification: Priority
Revised Dates: 08.08.16
3414 - Infectious Diseases
Policy: 3414
Section: 3000 - Students
Infectious Diseases
In order to safeguard the school community from the spread of certain communicable diseases the superintendent will implement procedures assuring that all school buildings are in compliance with State Board of Health rules and regulations regarding the presence of persons who have or have been exposed to infectious diseases deemed dangerous to the public health. Such procedures will also prescribe the steps that will be taken to remove the danger to others.
The district will require that the parents or guardian complete a medical history form at the beginning of each school year. The nurse or school physician may use such reports to advise the parent of the need for further medical attention and to plan for potential health problems in school.
The board authorizes the school principal to exclude a student who has been diagnosed by a physician or is suspected of having an infectious disease in accordance with the regulations within the most current Infectious Disease Control Guide, provided by the State Department of Health and the Office of the Superintendent of Public Instruction. The principal and/or school nurse will report the presence of suspected case or cases of reportable communicable disease to the appropriate local health authority as required by the State Board of Health. Such information concerning a student's present and past health condition will be treated as confidential. The principal will cooperate with the local health officials in the investigation of the source of the disease.
The fact that a student has been tested for a sexually transmitted disease, the test result, any information relating to the diagnosis or treatment of a sexually transmitted disease, and any information regarding drug or alcohol treatment for a student must be kept strictly confidential. If the district has a release, the information may be disclosed pursuant to the restrictions in the release.
A school principal or designee has the authority to send an ill child home without the concurrence of the local health officer, but if the disease is reportable, the local health officer must be notified. The local health officer is the primary resource in the identification and control of infectious disease in community and school. The local health officer, in consultation with the superintendent can take whatever action deemed necessary to control or eliminate the spread of disease, including closing a school.
| Legal References: |
Chapter 70.02 RCW Medical records — Health care information access and disclosure |
|---|---|
| Management Resources: | 2013 - February Issue |
Adoption Date: 04.28.03
Kiona-Benton City School District
Classification: Priority
Revised Dates: 08.08.16
3415 - Accommodating Students With Diabetes
Policy: 3415
Section: 3000 - Students
Accommodating Students with Diabetes
The School Nurse is appointed to:
- Consult and coordinate with the parents and health care providers of students with diabetes; and
- Train and supervise the appropriate staff in the care of students with diabetes.
The district will develop and follow an individual health plan for each student with diabetes. Each individual health care plan will include an individual emergency plan element. The health plans will be updated annually, and more frequently as needed.
Parents of students with diabetes may designate an adult to provide care for their student consistent with the student’s individual health care plan. At parent request, school district employees may volunteer to be a parent-designated adult under this policy, but they will not be required to participate.
Parent-designated adults who are school employees will file a voluntary, written, current and unexpired letter of intent stating their willingness to be a parent-designated adult. Parent-designated adults who are school employees are required to receive training in caring for students with diabetes from the School Nurse or from a nationally certified diabetes educator.
Parent-designated adults who are not school employees are required to show evidence of comparable training, and meet school district requirements for volunteers. Parent-designated adults will receive additional training from a parent-selected health care professional or expert in diabetic care to provide the care requested by the parent. The School Nurse is not responsible for the supervision of procedures authorized by the parents and carried out by the parent-designated adult.
In addition to adhering to the requirements of each individual health care plan, for the general care of students with diabetes, the district will:
- Acquire necessary parent requests and instructions for treatment;
- Acquire monitoring and treatment orders from licensed health care providers prescribing within the scope of their licensed authority;
- Provide sufficient and secure storage for medical equipment and medication provided by the parent;
- Permit students with diabetes to perform blood glucose tests, administer insulin, and treat hypoglycemia and hyperglycemia by providing easy access to the necessary supplies, equipment and medication necessary under their individual health care plan. This includes the option for students to carry the necessary supplies, equipment and medication on their person and perform monitoring and treatment functions wherever they are on school grounds or at school-sponsored events;
- Permit students with diabetes unrestricted access to necessary food and water on schedule and as needed and unrestricted access to bathroom facilities. When food is served at school events, provision will be made for appropriate food to be available to students with diabetes;
- School meals will not be withheld from any student for disciplinary reasons. Students with diabetes will not miss meals because they are not able to pay for them. The charge for the meal will be billed to the parent or adult student and collected consistent with district policies;
- Parents and health care providers of students with diabetes will be provided with a description of their student’s school schedule to facilitate the timing of monitoring, treatment and food consumption; and
- Each student’s individual health care plan will be distributed to appropriate staff based on the student’s needs and the staff member’s contact with the student.
The district, its employees, agents or parent-designated adults who act in good faith and in substantial compliance with a student’s individual health care plan and the instructions of the student’s health care provider will not be criminally or civilly liable for services provided under RCW 28A.210.330.
| Cross References: |
5630 - Volunteers
|
|---|---|
| Legal References: |
42 U.S.C. 12101et seq. Americans with Disabilities Act |
Adoption Date: 04.21.03
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3416 - Medication at School
Policy: 3416
Section: 3000 - Students
Medication at School
Under normal circumstances prescribed and over-the-counter medication should be dispensed before and/or after school hours under supervision of the parent or guardian. If a student must receive prescribed or over-the-counter oral or topical medication, eye drops, ear drops or nasal spray (“medications”) from an authorized staff member, the parent must submit a written authorization accompanied by a written request from a licensed health professional prescribing within the scope of his or her prescriptive authority. If the medication will be administered for more than fifteen consecutive days, the health professional must also provide written, current and unexpired instructions for the administration of the medication.
The superintendent will establish procedures for:
- Training and supervision of staff members in the administration of prescribed or non-prescribed oral medication to students by a physician or registered nurse;
- Designating staff members who may administer prescribed or non-prescribed oral medication to students;
- Obtaining signed and dated parental and health professional request for the dispensing of prescribed or non-prescribed oral medications, including instructions from health professional if the medication is to be given for more than fifteen (15) days;
- Storing prescribed or non-prescribed medication in a locked or limited access facility;
- Maintaining records pertaining to the administration of prescribed or non-prescribed oral medication; and
- Permitting, under limited circumstances, students to carry and self-administer medications necessary to their attendance at school.
Nasal inhalers, suppositories and non-emergency injections may not be administered by school staff other than registered nurses and licensed piratical nurses. No medication will be administered by injection by school staff except when a student is susceptible to a predetermined, life-endangering situation [See Policy 3420, Anaphylaxis Prevention and Response]. In such an instance, the parent will submit a written and signed permission statement. Such an authorization will be supported by signed and dated written orders accompanied by supporting directions from the licensed health professional. A staff member will be trained prior to injecting a medication.
If the district decides to discontinue administering a student’s medication, the superintendent or designee must provide notice to the student’s parent or guardian orally and in writing prior to the discontinuance. There must be a valid reason for the discontinuance that does not compromise the health of the student or violate legal protections for the disabled.
Administration of legend (prescribed) drugs or controlled substances by nasal spray:
If a school nurse is on the premises, he/she may administer a nasal spray containing a prescribed drug or controlled substance to a student. If a school nurse is not on school premises, a nasal spray containing a legend (prescribed) drug or controlled substance may be administered by: 1) a trained school employee, provided that person has received appropriate RN delegation and volunteered for the training pursuant to RCW 28A.210.260; or 2) a parent-designated adult.
A parent designated adult is a volunteer, who may be a school district employee, who receives additional training from a healthcare professional or expert in epileptic seizure care selected by the parents who provides care for the student consistent with the student’s individual health plan on file with the school.
Required Notification of EMS
After every administration of any legend (prescribed) drug or controlled substance by nasal spray to a student, Emergency Medical Services (911) will be summoned as soon as practicable.
| Cross References: | 3420 - Anaphylaxis Prevention and Response 3419 - Self-Administration of Asthma and Anaphylaxis Medications |
|---|---|
| Legal References: | RCW 28A.210.260 Public and private schools - Administration of medication — Conditions RCW 28A.210.270 Public and private schools —Administration of medication — Immunity from liability — Discontinuance, procedure |
| Management Resources: | 2014 - February Issue 2012 - August Issue Policy News, February 2001 Oral Medication Definition Expanded |
Adoption Date:
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3416F - Medication at School
3416P - Procedure for Medication at School
Policy: 3416P
Section: 3000 - Students
Procedure Medication at School
Each school principal will authorize two staff members to administer prescribed or non-prescribed medication. These designated staff members will receive RN delegation prior to the opening of school each year.
For purposes of this procedure, "medication" means oral medication, topical medication, eye drops and nasal spray. Oral medications are administered by mouth either by swallowing or by inhaling and may include administration by mask if the mask covers the mouth or mouth and nose.
Medication may be dispensed to students on a scheduled basis upon written authorization from a parent with a written request by a licensed health professional prescribing within the scope of their prescriptive authority. If the medication is to be administered more than fifteen consecutive days the written request must be accompanied by written instructions from a licensed health professional. Requests will be valid for not more than the current school year. The prescribed or non-prescribed medication must be properly labeled and be contained in the original container. The dispenser of prescribed or non-prescribed oral medication will:
- Collect the medication directly from the parent (students should not transport medication to school), collect an authorization form properly signed by the parent and by the prescribing health professional and collect instructions from the prescribing health professional if the oral medication is to be administered for more than fifteen consecutive days;
- Store the prescription or non-prescribed oral medication (not more than a twenty (20) day supply) in a locked, substantially constructed cabinet;
- Maintain a daily record which indicates that the prescribed or non-prescribed medication was dispensed.
- Provide for supervision by a physician or registered nurse.
- A copy of this policy will be provided to the parent upon request for administration of medication in the schools.
Prescribed and over-the-counter oral or topical medications, eye drops or ear drops may be administered by a registered nurse, a licensed practical nurse or an authorized staff member.
Nasal sprays containing legend (prescription) drugs or controlled substances may only be administered by a school nurse or, if a school nurse is not present on school premises, an authorized school employee; or a parent-designated adult with training as required by RCW 28A.210.260.
No prescribed medication will be administered by injection by staff except when a student is susceptible to a predetermined, life-endangering situation. The parent will submit a written statement which grants a staff member the authority to act according to the specific written orders and supporting directions provided by licensed health professional prescribing within his or her prescriptive authority (e.g., medication administered to counteract a reaction to an insect sting). Such medication will be administered by staff trained by the supervising registered nurse to administer such an injection.
Written orders for emergency medication, signed and dated, from the licensed health professional prescribing within his or her prescriptive authority will:
- State that the student suffers from an allergy which may result in an anaphylactic reaction;
- Identify the drug, the mode of administration, the dose. Epinephrine administered by inhalation, rather than injection, may be a treatment option. This decision must be made by the licensed health professional prescribing within his or her prescriptive authority;
- Indicate when the injection will be administered based on anticipated symptoms or time lapse from exposure to the allergen;
- Recommend follow-up after administration, which may include care of the stinger, need for a tourniquet, administration of additional medications, transport to hospital; and
- Specify how to report to the health professional prescribing within his or her prescriptive authority and any record keeping recommendations.
If a health professional and a student’s parent request that a student be permitted to carry his/or her own medication and/or be permitted to self-administer the medication, the principal may grant permission after consulting with the school nurse. The process for requesting and providing instructions will be the same as established for oral medications. The principal and nurse will take into account the age, maturity and capability of the student; the nature of the medication; the circumstances under which the student will or may have to self-administer the medication and other issues relevant in the specific case before authorizing a student to carry and/or self-administer medication at school. Except in the case of multi-dose devices (like asthma inhalers), students will only carry one day’s supply of medication at a time. Violations of any conditions placed on the student permitted to carry and/or self-administer his or her own medication may result in termination of that permission, as well as the imposition of discipline when appropriate.
(The following procedures are specific to parent-designated adult care of students with epilepsy):
Parent-Designated Adult Care of Students with Epilepsy
Parents of students with epilepsy may designate an adult to provide care for their student consistent with the student's individual health care plan. At parent request, school district employees may volunteer to be a parent-designated adult under this policy, but they will not be required to participate. Parent-designated adults who are school employees will file a voluntary, written, current and unexpired letter of intent stating their willingness to be a parent-designated adult. Parent-designated adults who are school employees are required to receive training in caring for students with epilepsy from the school nurse. Parent-designated adults will receive additional training from a parent-selected health care professional or expert in epileptic care to provide the care (including medication administration) requested by the parent.
Parent-designated adults who are not school employees are required to show evidence of comparable training, and meet school district requirements for volunteers. Parent-designated adults will receive additional training from a parent-selected health care professional or expert in epileptic care to provide the care requested by the parent. The (insert appropriate staff member) is not responsible for the supervision of procedures authorized by the parents and carried out by the parent-designated adult.
Adoption Date:
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3417 - Catheterization
Policy: 3417
Section: 3000 - Students
Catheterization
The board authorizes qualified staff to provide clean, intermittent bladder catheterization (CIC) of students or assisted self-catheterization according to rules adopted by the State Board of Nursing.
Catheterization is authorized under the following conditions:
- A parent, legal guardian or other person having legal control over the student files a written, current and unexpired request that the district provide for the catheterization of the student;
- A licensed physician of the student files a written, current and unexpired request that catheterization of the student be provided for during the hours when school is in session or the hours when the student is under the supervision of school officials;
- A registered nurse provides written, current and unexpired instructions regarding catheterization that states which staff members are designated to provide for catheterization and a description of the nature and extent of any supervision that is required; and
- Any staff member who is authorized to provide for catheterization must receive training from a registered nurse consistent with the rules of the State Board of Nursing. Licensed practical nurses (LPNs) are trained to provide catheterization as part of their professional preparation and are not subject to this training requirement.
Employees (excepting licensed nurses) who have not previously agreed in writing to perform clean, intermittent bladder catheterization as a specific part of their job description may file a written letter of refusal to perform catheterization. The employee's refusal may not serve as grounds for discharge, nonrenewal or any other action adversely affecting the employee's contract status.
The district and its staff and the staff member who provides for catheterization in substantial compliance with this policy and the rules of the state board of nursing will not be liable in any criminal action or for civil damages arising from providing catheterization. The district may discontinue catheterization service for a student without being liable so long as the affected parents/guardians are given advance oral/written notice.
| Cross References: | 2161 - Special Education and Related Services for Eligible Students |
|---|---|
| Legal References: |
RCW 28A.210.255 Provision of health services in public and private schools — Employee job description RCW 28A.210.280 Catheterization of public and private school students RCW 28A.210.290 Catheterization of Public and Private School Students — Immunity from liability WAC 246-840-820 Provision for clean, intermittent catheterization in schools |
| Management Resources: |
2014 – December Issue 2003 - December Issue 2003 - June Issue |
Adoption Date: 04.25.05
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3419 - Student Self Administration of Asthma and Anaphylaxis Medications
Policy: 3419
Section: 3000 - Students
Self-Administration of Asthma and Anaphylaxis Medications
Asthma is an inflammatory disease of the respiratory tract. Anaphylaxis is a life-threatening allergic reaction that may involve systems of the entire body. Anaphylaxis is a medical emergency that requires immediate medical treatment and follow-up care by an allergist/immunologist.
It is the policy of the board of directors that students with asthma or anaphylaxis are afforded the opportunity to self-administer prescribed medications. The student’s parent or guardian will submit a written request and other documentation required by the school. The student’s prescribing health care provider must provide a written treatment plan.
The student must demonstrate to the school’s professional registered nurse that the student is competent to possess and self-administer prescribed medications during school and at school sponsored events.
The superintendent will establish procedures that implement this policy and follow emergency rescue procedures outlined in the most recent edition of AMES: Asthma Management in Educational Settings, in cases of suspected asthma and the emergency rescue procedures outlined in the Office of the Superintendent of Public Instruction’s Guidelines for the Care of Students with Anaphylaxis (2009) in cases of suspected anaphylaxis.
| Cross References: |
3420 - Anaphylaxis Prevention and Response 3416 - Medication at School 2162 - Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 1973 2161 - Special Education and Related Services for Eligible Students |
|---|---|
| Legal References: |
42 U.S.C. 280 Public Health Service Act 42 U.S.C. 12212 Section 512 Americans with Disabilities Act of 1990 34 CFR Part 104 Section 504 of Rehabilitation Act of 1973 RCW 28A.210.370 Students with Asthma RCW 28A.210.310 Anaphylaxis-Policy guidelines – Procedures - Reports |
| Management Resources: |
OSPI, March 2009, Guidelines for the Care of Students with Anaphylaxis 2012 - August Issue 2009 - February Issue |
Adoption Date:
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.18.16
3419P - Procedure: Student Self Administration of Asthma and Anaphylaxis Medications
Policy: 3419P
Section: 3000 - Students
Procedure Self-Administration of Asthma and Anaphylaxis Medications
Asthma is an inflammatory disease of the respiratory tract. Anaphylaxis is a life-threatening allergic reaction that may involve systems of the entire body. Anaphylaxis is a medical emergency that requires immediate medical treatment and follow-up care by an allergist/immunologist.
Students with asthma or anaphylaxis are authorized, in consultation with the school’s professional registered nurse, to possess and self-administer medication for asthma or anaphylaxis during the school day, during school sponsored events and while traveling to and from school or school sponsored activities. The student will be authorized to possess and self-administer medication if the following conditions are met:
- The parent or guardian must submit a written request for the student to self-administer medication(s) for asthma or anaphylaxis;
- A health care practitioner has prescribed the medication for use by the student during school hours and the student has received instructions in the correct and responsible way to use the medication(s);
- The student demonstrates to the health care practitioner and a professional registered nurse at the school the skill necessary to use the medication and to use the device necessary to administer the medication;
- The health care practitioner provides a written treatment plan for managing the asthma or anaphylaxis episodes of the student and for use of medication during school hours. The written treatment plan should include name and dosage of the medication, frequency with which it may be administered, possible side effects and the circumstances that warrant its use;
- The parent or guardian must sign a statement acknowledging that the district will incur no liability as a result of any injury arising from the self-administration of medication by the student and that the parents or guardians will indemnify and hold harmless the district and its employees or agents against any claims arising out of the self administration of medication by the student.
- The authorization to self medicate will be valid for the current school year only. The parent or guardian must renew the authorization each school year.
- In the event of an asthma or anaphylaxis emergency, the district will have the following easily accessible:
- The student’s written treatment plan;
- The parent or guardian’s written request that the student self medicate; and
- The parent or guardian’s signed release of liability form.
- Backup medication, if provided by the parent or guardian, will be kept at a location in the school to which the student has immediate access in the event of an asthma or anaphylaxis emergency.
- A student’s authorization to possess and self-administer medication for asthma or anaphylaxis may be limited or revoked by the building principal after consultation with the school’s professional registered nurse and the student’s parents or guardian if the student demonstrates an inability to responsibly possess and self-administer such medication.
Asthma or Anaphylaxis Rescue Procedures
In the event of an asthma or anaphylactic episode, the school nurse will be immediately contacted. In the absence of the school nurse, the person responsible for school health duties will be contacted.
For asthma, the district will follow the procedures outline in the most recent edition of the AMES: Asthma Management in Educational Settings including:
- Managing the students’ school environment;
- Training school personnel in rescue procedures;
- Accompanying all students exhibiting symptoms;
- Providing care as designed in the student’s emergency care plan;
- Calling 911, if appropriate;
- Notifying the students parent or guardian;
- Documenting interventions; and
- Reviewing the student’s emergency care plan and making changes, if necessary.
For anaphylaxis, the district will follow the Guidelines for the Care of Students with Anaphylaxis published by the Office of the Superintendent of Public Instruction.
Adoption Date:
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3420 - Student Anaphylaxis Prevention
Policy: 3420
Section: 3000 - Students
Anaphylaxis Prevention and Response
Anaphylaxis is a life-threatening allergic reaction that may involve systems of the entire body. Anaphylaxis is a medical emergency that requires immediate medical treatment and follow-up care by an allergist/immunologist.
The Kiona-Benton Board of Directors expects school administrators, teachers and support staff to be informed and aware of life threatening allergic reactions (anaphylaxis) and how to deal with the resulting medical emergencies. For students, some common life threatening allergens are peanuts, tree nuts, fish, bee or other insect stings, latex and some medications. Affected students require planned care and support during the school day and during school sponsored activities.
Parents/guardians are responsible for informing the school about their student’s potential risk for anaphylaxis and for ensuring the provision of ongoing health information and necessary medical supplies. The district will take reasonable measures to avoid allergens for affected students. The district will also train all staff in the awareness of anaphylaxis and prepare them to respond to emergencies. Additionally, student specific training will be provided for appropriate personnel.
Even with the district’s best efforts, staff and parents/guardians need to be aware that it is not possible to achieve a completely allergen-free environment. However, the district will take precautions to reduce the risk of a student having an anaphylactic reaction by developing strategies to minimize the presence of allergens in schools.
Insert the following language if stocking undesignated epinephrine auto injectors:
The district will maintain at designated school locations a supply of epinephrine auto injectors based on the number of students enrolled at the school. Undesignated epinephrine auto injectors must be obtained with a prescription in the name of the school by a licensed health professional within the scope of their prescribing authority and must be accompanied by a standing order protocol for their administration.
In the event a student with a current prescription for an epinephrine auto injector on file at the school experiences an anaphylactic event, the school nurse or designated trained school personnel may use the school supply of epinephrine auto injectors to respond if the student’s supply is not immediately available. In the event a student with a current prescription for epinephrine on file with the school or a student with undiagnosed anaphylaxis experiences an anaphylactic event, the school nurse may utilize the school supply of epinephrine to respond under the standing order protocol.
The school’s supply of epinephrine auto injectors does not negate parent/guardian responsibility to ensure that they provide the school with appropriate medication and treatment orders pursuant to RCW 28A.210.320 if their student is identified with a life-threatening allergy.
The superintendent will establish procedures to support this policy and to ensure:
- Rescue protocol in cases of suspected anaphylaxis will follow OSPI’s Guidelines for the Care of Students with Anaphylaxis (2009);
- A simple and standardized format for emergency care plans is utilized;
- A protocol is in place to ensure emergency care plans are current and completed;
- Medication orders are clear and unambiguous;
- Training and documentation is a priority.
| Cross References: |
3420 - Anaphylaxis Prevention and Response |
|---|---|
| Legal References: |
WAC 392-380 PUBLIC SCHOOL PUPILS – IMMUNIZATION REQUIREMENT AND LIFE-THREATENING HEALTH CONDITION |
| Management Resources: |
2013 - December Issue |
Adoption Date:
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3421 - Child Abuse Neglect and Exploitation Prevention
Policy: 3421
Section: 3000 - Students
Child Abuse, Neglect, and Exploitation Prevention
Child abuse, neglect, and exploitation are violations of children's human rights and an obstacle to their educational development. The board directs that staff will be alert for any evidence of child abuse, neglect, or exploitation.
For purposes of this policy, the term “child†means anyone under the age of 18 and/or any current student of the district, including home-schooled students or any other person classified as a student in the district’s database.
Child abuse, neglect, or exploitation means:
- Inflicting physical injury on a child by other than accidental means, causing death, disfigurement, skin bruising, impairment of physical or emotional health, or loss or impairment of any bodily function;
- Creating a substantial risk of physical harm to a child’s bodily functioning;
- Attempting, committing, or allowing any sexual offense against a child as defined in the criminal code. This definition also includes any communications with a child for immoral purposes or viewing, possessing, or distributing any sexually explicit images of a child. It also includes intentionally contacting, directly or through the clothing, the genitals, anus, or breasts of a child unless the contact is necessary for the child’s hygiene or health care. This also includes a child’s intentional or coerced contact with anyone’s genitals, anus, or breasts;
- Committing acts that are cruel or inhumane regardless of observable injury. These acts may include, but are not limited to, instances of extreme discipline demonstrating a disregard of a child’s pain or mental suffering;
- Assaulting or criminally mistreating a child as defined by the criminal code;
- Failing to provide food, shelter, clothing, supervision, or health care necessary to a child’s health or safety;
- Engaging in actions or omissions resulting in a substantial risk to the physical or mental health or development of a child; or
- Failing to take reasonable steps to prevent the occurrence of the preceding actions.
Children (including other students), family members, and any other adult can engage in child abuse, neglect, or exploitation. This may include incidents of student on student misconduct. Staff should report all incidents of abuse regardless of the age of the person who engages in it.
Subject to the definition above, staff should not focus on a person’s mental status to determine if she or he has committed child abuse, neglect, or exploitation. The law governing mandated reporting does not allow for exceptions for people with medical conditions that may mitigate the intent for committing child abuse, neglect, or exploitation.
When feasible, the district will provide community education programs for prospective parents, foster parents, and adoptive parents on parenting skills and on the problems of child abuse and methods to avoid child abuse situations. The district will also encourage staff to participate in in-service programs that address the issues surrounding child abuse.
The superintendent will develop reporting procedures and provide them to all staff on an annual basis. The purpose is to identify and timely report all evidence of child abuse, neglect, or exploitation to the proper authorities. Staff will receive training regarding reporting obligations during their initial orientation and every three years after initial employment.
All staff are responsible for reporting all suspected cases of child abuse, neglect, and exploitation to the proper authorities and/or the appropriate school administrator. Under state law, staff are free from liability for reporting a reasonable suspicion of child abuse, neglect, or exploitation. However, failing to report the incident may result in criminal liability regardless of whether the authorities determine the incident is provable in a subsequent legal proceeding.
Staff need not verify a report that a child has been abused, neglected, or exploited. Any conditions or information that may be reasonably related to child abuse, neglect, or exploitation should be reported. Legal authorities have the responsibility for investigating each case and taking appropriate action under the circumstances.
| Cross References: |
3226 - Interviews and Interrogations of Students on School Premises
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|---|---|
| Legal References: |
RCW 13.34.300 Relevance of failure to cause juvenile to attend school as evidence to neglect petition
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| Management Resources: |
2015 - June Policy Issue |
Adoption Date: 9/2/2016
Kiona-Benton City School District
Classification: Priority
Revised Dates:
3422-Student Sports Concussion and Head Injuries
Policy: 3422
Section: 3000 - Students
Student Sports – Concussion, Head Injury and Cardiac Arrest
Concussion and Head Injury
The Kiona-Benton Board of Directors recognizes that concussions and head injuries are commonly reported injuries in children and adolescents who participate in sports and other recreational activities. The board acknowledges that the risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed.
Therefore, all competitive sport activities in the district will be identified by the administration and all appropriate district staff, coaches and team volunteers will complete training as required in Procedure 3422 to recognize warning signs and symptoms of concussion and head injury. Additionally, all coaches will comply with Washington Interscholastic Activities Association (WIAA) guidelines for the management of concussions and head injuries.
Consistent with Washington law, the district will utilize guidelines developed with the WIAA and other pertinent information to inform and educate coaches, youth athletes, and their parents/guardians of the nature and risk of concussions or head injuries, including the dangers associated with continuing to play after a concussion or head injury. Annually, the district will distribute a head injury and concussion information sheet to all parents/guardians of student participants in competitive sport activities.
Prior to their first use of school facilities, all private nonprofit youth programs must provide a written statement of compliance with this policy in regard to concussion and head injury with proof of insurance as required by RCW 4.24.660.
Sudden Cardiac Arrest
The Board of Directors further recognizes that sudden cardiac arrest is reported to be the leading cause of death in young athletes. The board will work with the WIAA and the University of Washington medicine center for sports cardiology to make available an online pamphlet that provides student athletes, their parents/guardians and coaches with information about sudden cardiac arrest. To this end, the district will maintain a link on its website to the OSPI website where the online pamphlet will be posted.
Annually, prior to participating in an interscholastic athletic activity, students and their parent/guardian must review the online pamphlet and return a signed statement to the school documenting their review. This form may be combined with the annually distributed head injury and concussion information sheet referenced above.
The board will also work with the WIAA and the University of Washington medicine center for sports cardiology to make available an existing online sudden cardiac arrest prevention program for coaches. Every three years, prior to coaching an interscholastic athletic activity, all coaches will complete the online program and provide a certificate of completion to the district.
All coaches, including volunteers, will complete training as required in the district procedure. Additionally, all coaches will comply with Washington Interscholastic Activities Association (WIAA) guidelines for the management of sudden cardiac arrest.
Prior to their first use of school facilities, all private nonprofit youth programs must provide a written statement of compliance with this policy in regard to sudden cardiac arrest with proof of insurance as required by RCW 4.24.660.
| Cross References: |
3412 – Automated External Defibrillators
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|---|---|
| Legal References: |
RCW 4.24.660 Liability of school districts under contract with youth programs
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| Management Resources: |
2015 - June Policy Issue |
Adoption Date: 2009
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
Cross References: Policy4260 Use of
3422P-Student Sports Concussion and Head Injuries
Policy: 3422P
Section: 3000 - Students
Procedure Student Sports – Concussion, Head Injury and Sudden Cardiac Arrest
Concussion, Head Injury and Sudden Cardiac Arrest Management in Student Sports
Athletic Director or Administrator in Charge of Athletics Duties:
- Updating: Each spring, the athletic director, or the administrator in charge of athletics if there is no athletic director, will review any changes that have been made in forms required for concussion, head injury and sudden cardiac arrest management by consulting with the WIAA or the WIAA Web site. If there are any updated forms, they will be adopted and used for the upcoming school year.
- Identifying Sports: By June 30 of each year, the athletic director or administrator in charge will identify competitive sport activities in the district for which compliance with Policy 3422 is required. A list of competitive sports activities, Policy 3422 and this procedure will be distributed to all coaching staff and volunteers.
Coach Training: All coaches will undergo training in head injury and concussion management and at least once every two years by one of the following means: (1) through attendance at a WIAA or similar clock hour presentation which uses WIAA guidelines; or (2) by completing WIAA online training. All coaches will undergo training in sudden cardiac arrest prevention every three years by completing an online program developed by the WIAA and the University of Washington medicine center for sports cardiology and providing proof of completion of same to the district.
Parent Information: On a yearly basis and prior to the youth athlete's initiating practice or competition, a concussion and head injury information sheet will be signed and returned by the youth athlete and the athlete's parent and/or guardian. The information sheet will also incorporate a statement attesting to the student and parent/guardian’s review of the online pamphlet on sudden cardiac arrest posted on the OSPI website. The statement must be signed by both the student and parent. The information sheet may be incorporated into the parent permission sheet which allows students to participate in extracurricular athletics.
Coach’s Responsibility: A youth athlete who is suspected of sustaining a concussion or head injury in a practice or game or one who exhibits symptoms of sudden cardiac arrest will be immediately removed from play.
Return to Play After Concussion, Head Injury or symptoms of sudden cardiac arrest: A student athlete who has been removed from play may not return to play until the athlete is evaluated by a licensed health care provider trained in the evaluation and management of concussion and sudden cardiac arrest and receives written clearance to return to play from that health care provider. The health care provider may be a volunteer.
Adoption Date:
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3424 - Opioid Related Overdose Reversal
Policy: 3424
Section: 3000 - Students
Opioid Related Overdose Reversal
The board recognizes that the opioid epidemic is a public health crisis and access to opioid-related overdose reversal medication can be life-saving. To assist a person at risk of experiencing an opioid-related overdose, the district will seek to obtain and maintain at least one set of opioid overdose reversal medication doses in each of its high schools.
The district has authority to obtain and maintain opioid overdose reversal medication either through a standing order, prescribed and dispensed according to RCW 69.41.095(5), or through one or more donation sources. The district will seek at least one set of opioid reversal medication doses for each of its high schools. However, if the district documents a good faith effort to obtain and maintain opioid overdose reversal medication through a donation source, and is unable to do so, the district is exempt from the obligation to have a set of opioid reversal medication doses for each high school.
The following personnel may distribute or administer the school-owned opioid overdose reversal medication to respond to symptoms of an opioid-related overdose:
- A school nurse,
- School personnel who become designated trained responders, or
- A health care professional or trained staff person located at a health care clinic on public school property or under contract with the school district.
Training for school personnel to become designated trained responders and distribute or administer opioid overdose reversal medication must meet the requirements for training described in the statute and any rules or guidelines for such training adopted by the Office of Superintendent Public Instruction. If a district high school does not have a full-time school nurse or trained health care clinic staff, the district shall identify at least one member of each high school’s personnel to become a designated trained responder who can distribute and administer opioid overdose reversal medication.
Opioid overdose reversal medication may be used on school property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from school property. A school nurse or a designated trained responder may carry an appropriate supply of school-owned opioid overdose reversal medication on in-state field trips and sanctioned in-state excursions.
Individuals who have been directly prescribed opioid overdose reversal medication according to RCW 69.41.095 lawfully possess and administer opioid overdose reversal medication, based on their personal prescription. However, such “self-carrying” individuals must show proof of training as verified by a licensed registered professional nurse employed or contracted by the district or participate in district training as specified in the accompanying procedure.
If any type of overdose is suspected, including an opioid related overdose, district staff will call 9-1-1 and alert a first responder. The school nurse, designated trained responder, or trained staff person located at a health care clinic on public school property or under contract with the school district will follow the Washington Department of Health steps for administering naloxone for a suspected opioid related overdose.
| Cross References: |
3416 - Medication at School
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|---|---|
| Legal References: |
Chapter 69.50.315 RCW – Drug-related overdose
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| Management Resources: | OSPI, January 2020, Opioid Related Overdose Policy Guidelines and Training in the School Setting |
Adoption Date: 02.24
Classification: Essential
Revised Dates:
3432 - Emergencies
Policy: 3432
Section: 3000 - Students
Emergencies
Drills:
Fire Evacuation
Students will receive instruction so that in case of fire or sudden emergency they will be able to leave their particular building in the shortest time possible, or take such other steps as the particular emergency demands, and without confusion or panic. Fire drills will be held three (3) times each year.
The superintendent is directed to develop emergency evacuation procedures for each building.
Lockdowns
Students will receive instruction so that in the event of the breach of security of a school building or campus; staff, students and visitors will be able to take positions in secure enclosures. Lockdown drills will be held at least three (3) times each school year.
Evacuations
Students will receive instruction so that in the event the school or district needs to be evacuated, they will be able to leave the building in the shortest time possible and take the safest route possible to another school or facility.
Shelter-in-Place
Students will receive instruction so that in the case of a hazardous vapor release that doesn’t allow time to evacuate the campus, they will be able to remain inside, and take the steps necessary to eliminate or minimize the health and safety hazard. A shelter-in-place drill will be held at least once each school year.
Annually, at least one drill will be conducted using the school mapping information system.
Additional safety-related drill
One additional safety-related drill to be determined by the school will be held each year. Schools will consider earthquakes, tsunamis or other high-risk local events.
At least one drill will annually use the school mapping information system.
Earthquakes
The board recognizes the importance of protecting staff, students and facilities in the event of an earthquake. Facilities will be designed and maintained in a manner that recognizes the potential danger from such an occurrence. Likewise, staff must be prepared to take necessary action to protect students and staff from harm.
The superintendent will establish guidelines and action taken by building principals should an earthquake occur while school is in session.
Bomb Threats
The superintendent will establish procedures for action in the event that any threat is received toward the school by telephone, letter, orally or by other means.
Emergency School Closure or Evacuation
When weather conditions or other circumstances make it unsafe to operate schools the superintendent is directed to determine whether schools should be started late, closed for the day or transportation will be provided only on emergency routes. Those decisions will be communicated through community media resources pursuant to a plan developed by the superintendent or designee.
Pandemic/Epidemic
The board recognizes that a pandemic outbreak is a serious threat that could affect students, staff and the community. The superintendent or a designee will serve as a liaison between the school district and local health officials. The district liaison, in consultation with local health officials, will ensure that a pandemic/epidemic plan exists in the district and establish procedures to provide for staff and student safety during such an emergency.
When an emergency within a school or its surrounding area necessitates evacuation and/or total or partial closure of the schools within the district, staff will be responsible for aiding in the safe evacuation of the students within the endangered school or its surrounding area.
The superintendent will establish procedures for the emergency closure of a building or department.
| Cross References: |
4310 - District Relationships with Law Enforcement and other Government Agencies
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|---|---|
| Legal References: |
RCW 19.27.110 International fire code — Administration and enforcement by counties, other political subdivisions and municipal corporations — Fees
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| Management Resources: |
June 2008 OSPI School Safety Planning Manual |
Adoption Date: 01.06.03
Kiona-Benton City School District
Classification: Essential
Revised Dates: 08.08.16
3510- Associated Student Bodies
Policy: 3510
Section: 3000 - Students
Associated Student Bodies
An associated student body (ASB) will be formed in each school within the district whenever one or more students in that school engage in money-raising activities with the approval and at the direction or under the supervision of the district.
An ASB will be a formal organization of students, including sub-components or affiliated student groups. Each ASB will submit a constitution and bylaws to the board for approval. The constitution and bylaws will identify how student activities become approved as student body activities and establish standards for their supervision, governance, and financing. Subject to such approval process, any lawful activity that promotes the educational, recreational, or cultural growth of students as an optional extracurricular or co-curricular activity may be considered for recognition as an ASB activity. Any lawful fundraising practices that are consistent with the goals of the district and that do not bring disrespect to the district or its students may be acceptable methods and means for raising funds for student body activities. The board may act or delegate the authority to a staff member to act as the ASB for any school that contains no grade higher than grade six.
The school principal will designate a staff member as the primary advisor to the ASB and assure that all groups affiliated with the ASB have an advisor assigned to assist them. Advisors will have the authority and responsibility to intervene in any activities that are inconsistent with district policy, ASB standards, student safety, or ordinarily accepted standards of behavior in the community. When in doubt, advisors will consult with the school principal regarding the propriety of proposed student activities. Student activities cannot include support or opposition to any political candidate or ballot measure.
Each ASB will prepare and submit annually a budget for the support of the ASB program to the board for approval. All property and money acquired by ASBs, except private nonassociated student body funds, will be district funds and will be deposited and disbursed from the district’s ASB program fund.
Money acquired by ASB groups through fundraising and donations for scholarships, student exchanges, and charitable purposes will be private nonassociated student body fund moneys.
Solicitation of funds for nonassociated student body fund purposes must be voluntary and must be accompanied by notice of the intended use of the proceeds and the fact that the district will hold the funds in trust for their intended purpose. Nonassociated student body fund moneys will be disbursed as determined by the group raising the money. Private nonassociated student body funds will be held in trust by the district for the purposes indicated during the fundraising activities until the student group doing the fund raising requests disbursement of the funds and the accounts of the fundraising are complete and reconciled.
The board may establish and collect a fee from students and nonstudents as a condition to their attendance at, or participation in, any optional noncredit extracurricular district event of a cultural, social, recreational, or athletic nature. If the board establishes such a fee or fees, the superintendent or designee will establish a procedure for waiving fees for students who are eligible to participate in the federal free or reduced-price meals program and for reducing fees for students’ family members and other nonstudents sixty-five or older who, by reason of their low income, would have difficulty in paying the entire amount of such fees. Fees collected pursuant to this paragraph shall be deposited in the ASB program fund of the district.
| Cross References: |
2150 - Co-Curricular Program
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|---|---|
| Legal References: |
RCW 28A.325.010 Fees for optional noncredit extracurricular events—Disposition
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| Management Resources: |
2014 - December Issue |
Adoption Date: 01.03
Classification: Essential
Revised Dates: 08.16; 02.21
3510P - Associated Student Bodies Procedure
Policy: 3510P
Section: 3000 - Students
Procedure - Associated Student Bodies
The associated student bodies (ASBs) in the schools of the district will operate within the following guidelines:
Structure
- ASBs are mandatory whenever one or more students engage in money raising activities with the approval and at the direction or under the supervision of the district. The school principal is designated to act as the ASB for K-6 school buildings.
- The board has authority over ASBs. ASBs are subject to the same laws as the district, including accounting procedures, budgets, and warrants.
Financial Operations
- The district will have an ASB program fund budget approved by the board.
- All ASB money is accounted for, spent, invested, and budgeted the same way as other public money.
- Disbursements may be made either by warrant, imprest bank accounts, procurement card, or petty cash funds.
- ASB purchases will comply with state bid procedure as outlined in the law and district bid requirements policy and procedure. Purchases of the same goods or services for more than one school will be considered together when establishing the purchase amount and applicability of bid requirements.
- All property acquired with ASB moneys becomes property of the district.
- ASB groups may raise private nonassociated student body fund moneys through fundraising and donations for scholarships, student exchanges, and charitable purposes. Such fundraising and donation solicitation will meet the requirements for other ASB fundraising and those requirements specific to nonassociated student body funds, including clear notice to all donors of the purpose of the fundraising. Students wishing to use district facilities to raise private nonassociated student body funds will comply with district policy and procedures regarding community use of school facilities. For handling the accounting for complex fundraising programs for private nonassociated student body fund money, the district will withhold or otherwise be compensated an amount adequate to reimburse the district for its direct costs.
- Purposes that directly further or support the school district's program — both co-curricular and extracurricular — are suitable uses for ASB funds, if the activities are optional for students.
- ASB funds may not be used for gifts or recognition to individuals for private benefit. Private nonassociated student body funds may be raised for scholarships, student exchanges, and charitable purposes, pursuant to district policy and procedure.
Waiver or Reduction of Fees
Each student who is eligible to participate in the federal free and reduced-price meals program will have fees associated with attending or participating in optional noncredit extracurricular activities waived.Students’ family members and other nonstudents who are sixty-five or older may have any fee to attend an optional noncredit extracurricular activity reduced if they would have difficulty paying the entire amount of the fee because of their low income. Any students’ family members and other nonstudents who are sixty-five or older who believe he or she should have a fee reduced must contact the appropriate school and ask for a reduction. The school principal will determine whether a reduction is appropriate after obtaining relevant information from the person seeking the reduction.
Adoption Date: 02.21
Classification:
Revised Dates:
3112 - Social Emotional Climate
Policy: 3112
Section: 3000 - Students
Social Emotional Climate
Goal
The Kiona – Benton City School Board’s goal for this policy and its accompanying procedure is to support and promote school and school district action plans that create, maintain, and nurture physically, emotionally, and intellectually safe, respectful, and positive school and classroom environments that foster equitable, ethical, social, emotional, and academic education for all students.
Nurturing a Positive Social Emotional Climate
The Kiona – Benton City School believes that each and every school community member should be treated with dignity, should have the opportunity to learn, work, interact, and socialize in physically, emotionally, and intellectually safe, respectful, and positive school and classroom environments, and have the opportunity to experience high quality relationships.
The Board recognizes that there is not one best way to improve school climate. Each school needs to consider its history, strengths, and needs. The Board further recognizes the important role that students, families, and community members play in collaborating with the school and school district in creating, maintaining, and nurturing a positive social and emotional school and classroom climate. This collaborative role extends to the planning, implementation, and continuous improvement process around school climate and social emotional learning.
The Board therefore directs the superintendent to work with district schools to implement the accompanying procedures, which provide a framework for an effective climate improvement process, including a continuous cycle of 1) planning and preparation, 2) evaluation, 3) action planning, and 4) implementation. This framework is aligned with the social emotional learning standards and benchmarks developed by the social emotional learning committee created under RCW 28A.300.477. The framework is designed to support the district and district schools in developing research-supported action plans that work to meet the Board’s goal for this policy.
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Cross References: |
2000 - Student Learning Goals |
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2140 - Guidance and Counseling |
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3241 - Student Discipline |
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4110 - Citizen Advisory Committees and Task Forces |
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4129 - Family Involvement |
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5520 - Staff Development |
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Legal References: |
Chapter 28A.345.085 – Model Policy and procedure for nurturing a positive social and emotional school and classroom climate |
Adoption Date: 09.24
Revised Dates: