Midvale School District #433 - Policy Manual

Idaho Code 33-202 provides that the parent or guardian of any child age 7 years at the time school commences in their district, but not age 16 years, shall cause their child to be instructed in subjects commonly and usually taught in the public schools of the State of Idaho. Unless the child is otherwise comparably instructed, the parent or guardian shall cause their child to attend a public, private, or parochial school during a period in each year equal to that in which the public schools are in session, and to conform to the attendance policies and regulations established by the Board of Trustees, or other governing body, operating the school attended.
Good attendance is a vital part of one’s education and is a part of preparation for life. Habits established that support punctuality and commitment will pay off in all aspects of life long after the student leaves school.
Absenteeism is an interruption of the learning process. The classroom interaction and instruction missed due to absences can not be made up and the quality of the educational experience decreases as the rate of absenteeism increases. ALL members of the class suffer when students are absent.
While it is the policy of the Board of Trustees to encourage 100 percent attendance for the instructional time established, the Board acknowledges that there are times that the student may appropriately be absent from class.
An effective attendance policy can only be accomplished with the cooperation of the school, the students, and the parent/guardians. Responsibility for regular attendance rests with the student and the student’s parents; it is, however, the obligation of the school to insure that regular attendance does occur.

ATTENDANCE REQUIRED FOR CREDIT

A student who has missed (absent) more than ten percent (10%) of a class during a semester will not receive credit for that class. Lost credit will be computed the same as a F for Grade Point Average (GPA). Students may NOT stop attending a class when they exceed the maximum number of allowed absences. Teachers will continue to record grades for work turned in.

NOTIFICATION OF ABSENCES

Students are responsible for keeping track of their absences. As a courtesy, the school office will mail a letter to the parents or legal guardian notifying them that the student is in danger of losing credit. A second letter will be sent when credit is lost, advising the parents/student of the process for petitioning for credit restoration.

PROCESS FOR PETITION FOR CREDIT RESTORATION

The student may submit a petition for credit restoration to the Attendance Board by the announced date each semester (10 school days after end of semester). The Attendance Board will be instructed to review the petitions as if they were an employer judging the justification for absences from the job site. The petition must document each absence. If the Attendance Board finds that the circumstances causing the student to exceed the allowed number of absences was beyond the student’s or his family’s control, then the Attendance Board may recommend to the Board of Trustees that credit be restored, depending upon the student having earned a passing grade in the class. The petition will be reviewed by members of the Attendance Board without the presence of the petitioner. Faculty and administrators may choose to submit separate letters either in support of or in opposition to the student’s petition. For students in grades 9-12, a maximum of two semesters may be petitioned for credit restoration.
For grades 7-12, the Attendance Board will consist of not less than 3 and not more than 5 people having experience in an employer capacity and who do not have immediate relatives employed by or attending Midvale Schools. The Attendance Board will be selected by the Board of Trustees and/or School Administration.
For grades K-6, the Attendance Board will consist of 3 to 5 Elementary Teachers and the Principal. The student’s teacher will not serve on the Attendance Board.

EXTRA-CURRICULAR ELIGIBILITY DURING APPEAL PROCESS

Students who are in the process of petitioning the Attendance Board for restoration of credits will maintain their eligibility for participation in extra-curricular activities provided their current schoolwork meets the requirements as outlined in pages 4-5 of Policy #631.1 Extra-Curricular Activities Policy.

PREARRANGED SCHOOL ACTIVITY ABSENCES

Properly prearranged school activities will not be counted as days absence if approved for exemption by the school administration. Juniors and Seniors will be permitted to have 2 College Visitation days per year, provided that the visits are pre-approved by the school administration and they must bring proof of the visit in order to have the days not be counted as absent. It is the responsibility of the student to be sure each teacher is aware of his or her intent to be absent for a school sponsored or sanctioned activity and to make arrangements to complete class work that may be missed.

ADVANCE ATTENDANCE WAIVER

Parent/guardians may petition the Superintendent for an advance attendance waiver.
Parents/guardians of students wishing to participate in activities which may result in the total absences per class exceeding the number of days allowed to receive credit may request advance approval. The request must be in writing and must be filed in advance. The request must include the current grade, attendance record, and a study/make-up work plan that has been accepted by the teacher for each class involved. The request must also state the reason for the absence, the exact dates that will be missed and provide reasons why the activity can not be scheduled for a time when school is not in session. If approval is granted, the approval will state the total number of absences the student will be allowed to accumulate for the semester and still receive credit, provided the student has a passing grade in the class.
Parents/guardians of students that have incurred extraordinary and unforeseen circumstances, such as injury, extended illness, or death in the immediate family, may petition the Superintendent for an increase in the number of allowed days that can be missed before credit is lost. The request must be in writing, must state the reason for absence with appropriate documentation, must include the current grade, attendance record, make-up work plan, and the teacher’s recommendation that additional days should be allowed. The school is to be immediately notified of such circumstances and petitions for increased days of absence as a result of extraordinary and unforeseen circumstances should be filed no later than 5 days after the student returns to school. Petitions filed later than 5 days after the student returns to school will not be considered unless the parent/guardian clearly documents reasons the petition could not be filed earlier. If approval is granted, the approval will state the total number of absences that student will be allowed to accumulate for the semester and still receive credit, provided the student has a passing grade in the class. The Superintendent will act on petitions under this paragraph as soon as practical. Students with a filed petition as per this paragraph, and who are otherwise eligible, may participate in extracurricular activities while the petition is in a pending status. No more than one petition per extraordinary and unforeseen circumstances will be considered.

SEMESTER TEST AND ABSENCES

Semester tests are an integral part of a student’s leaning experience. However, students may be exempt from taking a semester test in any class where they have been absent 3 or fewer days. Any student having had an unexcused absence, or otherwise disciplined for truancy, suspension, etc., will not be allowed to miss the semester test in that class. Students exempt may elect to take the semester test and any grade earned that will help their average can be used to bring their semester grade up with no risk of their grade being lowered because of the test results. Students with a D or F average in a class will be required to take the semester tests.

ADMITTANCE/DISMISSAL PERMISSION

When returning to school after being absent, a student must obtain an admit slip from the office. All missed work resulting from absences of any kind must be made up within a reasonable time limit to be decided by the instructor to secure credit. Students must report to the office before leaving school when school is in session. Students failing to check out in the office will be considered truant.

PROCESS FOR APPEAL

If the Superintendent or Attendance Board does not approve the petition for attendance waiver or credit restoration, the student may appeal to the School Board. The same petition will be submitted for appeal and the petitioner and his or her parents or guardian may be present to defend the petition. Request to appeal to the board must be made within 14 days of receiving notification that credit was not restored or the attendance waiver was denied.

TARDIES

Students are expected to be in class or homeroom at the beginning of each period. A student late to a class must have a signed note from a teacher or the office or will be counted tardy. Tardies will be recorded by the classroom teacher. After each tardy the student will receive an oral warning from the teacher. Tardies will also be treated accumulatively for all classes on a semester basis. Three tardies will be considered as a one day absence and will apply as such against attendance requirement for exemption from semester tests..

TRUANCY

Students who are absent without the knowledge and consent of the parent and/or principal shall be classified as truant. This classification shall also apply to any student who fails to report to an assigned class within the school day. The school is to be notified by the parent/guardian as soon as possible of any student absence.

— A student will receive a zero for each class or day missed.
— The student may be suspended from school or may receive in-house suspension.
— The School Administration will report the student to proper authorities as required by law.

Policy 512.1 - Enrollment Option Policy

The Midvale School District #433 has elected to participate in an enrollment option plan which will allow, under circumstances in this policy and Idaho Law, students who are not residents of the District #433 to enroll in the school of District #433.

TRANSPORTATION RESPONSIBILITY: If a student is accepted for enrollment in the Midvale Schools under this policy, it shall be the responsibility of the parent or guardian to arrange transportation for the student to and from an appropriate bus stop within the Midvale School District. Specific arrangements shall be made with the Midvale School District administration office.

TUITION: Tuition shall be waived for any pupils enrolled in the Midvale School District under this policy.

ELIGIBILITY FOR EXTRA-CURRICULAR ACTIVITIES: It is recommended that a student who is considering submitting an open enrollment application to this district, and who anticipates participating in a sport governed by the Idaho High School Activities Association (IHSAA), should review IHSAA rules prior to submitting their open enrollment application. Certain school transfers could lead to a student being ineligible to play at the varsity level for one year.

NO HINDRANCES TO APPLICATION: The school district in which the student resides may not take any action to hinder or prevent any student from applying for admission to attend the Midvale School District under this policy.

STUDENTS CURRENTLY UNDER SUSPENSION OR EXPULSION OR IN JEOPARDY OF SAME: Students currently under, or in jeopardy of, suspension or expulsion in the school district in which they reside may be ineligible for application to attend the Midvale School District under this policy.

GUIDELINES FOR ACCEPTANCE OR REJECTION OF APPLICATIONS: Students who are not residents of the Midvale School District under this policy may be denied admission for any of the following reasons:

1. By reason of potential "overcrowding" in any or all schools:

a. In grades Pre-K-12, "overcrowding" shall mean the potential for exceeding accreditation or state-mandated classroom size limits, and no special education program larger than 16 with a teacher and an aide, such overcrowding shall be deemed a hardship;

2. Students who have prior suspensions or expulsions from school(s).

3. The Superintendent may deny an open enrollment request when such enrollment would negatively impact the efficient use of the District resources. The Superintendent may set numerical limits defining hardship for schools, grade levels, or programs to provide for appropriate and efficient use of facilities and staff. The student to teacher ratios shall not exceed the overloaded class/teacher limits set by the instructor and/or the Superintendent.

Revocation of a Transfer

Transfer students are required to comply with all District policies. Unacceptable behaviors by a transfer student or false or misleading information on their open enrollment application are grounds for the District to remove a transfer student at any time. If a student’s open enrollment transfer is revoked, the parent/guardian may request an administrative review by the Superintendent of the district. The Board of Trustees may review the Superintendent’s decision.

Policy 512.2 - Dual Enrollment Policy

The Midvale Board of Trustees, after review of communications of explanation from the State Department of Education and the Deputy Attorney General has promulgated the following policies to attempt to comply with and to assist in the administration and implementation of the provisions of Idaho Code, 33-203, (Dual Enrollment Statutes), consistent with other state statutes, this School Board's policies and State Board of Education Rules and Regulations.

DEFINITIONS:

"Dual Enrollment" - A nonpublic student who is legitimately enrolled in a private, parochial, or home school or at a post-secondary institution and has not graduated from high school who is also dual enrolled in this District's schools by meeting the criteria outlined herein.

"Nonpublic Student" - Any student who receives educational instruction outside a public school classroom and such instruction can include, but is not limited to, a private school or a home school.

"Primary Education Provider" - That person or entity providing the majority of the nonpublic student's educational instruction outside the public school's Programs or Activities.

"Program and Activity" - The terms "program" and "activity" as used in Idaho Code 33-203 shall include any regularly scheduled course of study or any regularly scheduled interscholastic activity recognized or sanctioned by the Idaho High School Activities Association.

ENROLLMENT:

Any nonpublic student wishing to enroll in a school in this District must provide acceptable evidence of date and place of birth, evidence of immunizations required by the State of Idaho (or suitable waiver) and must comply with the registration procedures required by the District which includes providing complete records of the student's academic history.

REGISTRATION AND PROCEDURES:

Before entering a program or activity, a nonpublic student must complete registration and gain admission in this District. Registration shall include, in addition to routine procedures, the providing of all student records and testing information (where necessary) to qualify for admission as a nonpublic student and to identify appropriate placement for the student. Such registration and admission procedures are required even if a student is requesting dual enrollment status only for participation in an interscholastic or nonacademic activity.

TRANSPORTATION:

A nonpublic student, upon admission to a school in this District, may ride a school bus on regularly scheduled routes (including activity bus routes) and use regularly established bus stops or stops which would require no deviation from the regularly established bus route. No alteration of routes will be made to specially accommodate a nonpublic student. If a nonpublic student attends only part-time, the District may furnish transportation at the regularly scheduled time closest to the time period for which a student is enrolled (i.e. morning busing for a.m. classes or afternoon busing for p.m. classes). The District will not provide such transportation if there is no available space, if the furnishing of such transportation would cause a deviation or alteration of the regularly established bus routes or stops or if the furnishing of such transportation would require the purchase of additional or substitute equipment.

INTERIM PERIODS:

If a nonpublic student is dual enrolled in classes or activities which are not contiguous in time, the student shall not be on the school premises other than when the program or activity for which the student is enrolled is taking place. The District shall not be responsible for the care or supervision of the student in any form for periods before, in between, or after the programs or activities for which the student is properly enrolled. Any transportation needs for such students not provided for otherwise under this policy during the school day shall be the sole responsibility of the student and his/her parents or guardian.

EXTRA-CURRICULAR NONACADEMIC ACTIVITIES:

Any nonpublic student involved in an extra-curricular activity shall be subject to all the same eligibility standards as a regular full-time student.

The parents or guardians of a nonpublic student are responsible for obtaining third party testing for their child at their expense in accordance with Idaho Code 33-203 and State Board of Education Rules and Regulations. Test results from the Iowa Test of Basic Skills (I.T.B.S.) or the Test of Academic Proficiency (T.A.P.) must be provided to the school principal as a condition of enrollment. The student must achieve a minimum composite score of the fifth stanine or higher to be eligible for dual enrollment each year admission is requested in nonacademic programs.

Test results from a given year shall be used to determine academic eligibility for the following year and are valid for a period of twelve (12) months from the date the test results are released.

As an alternative to providing test results, until Jan. 31, 1996, a nonpublic student who has not taken the Iowa Test of Basic Skills, may provide an affidavit to the principal. The affidavit shall be signed by the student's Primary Education Provider indicating that the provider believes the student would have received a test score that would meet the standard required by law if said test had been administered.

SCHOOL RULES, REGULATIONS AND POLICIES:

A nonpublic student shall be subject to all the same policies, regulations and school rules as any regularly enrolled student during the times that the nonpublic student is present at school. Such policies, regulations and rules will include, but not be limited to, those relating to attendance, grades, prerequisites, classroom conduct and discipline.

PREREQUISITES:

A nonpublic student must meet all prerequisites for enrollment for a program or activity which is required of public school students. However, the District may prepare and administer tests (testing for equivalency of the prerequisites). The successful completion of which may be substituted as a prerequisite in lieu of attending other courses.

MIXED CURRICULUM:

If a nonpublic student wishes to attend activities or programs in a particular discipline, in a class or grade where the curriculum is merged or integrated, such request shall be made in writing particularizing the subject matter presentment which the student desires to attend (i.e. art instruction in a third grade class). The teacher and principal shall, upon request, provide scheduling information to the nonpublic student. It shall be the nonpublic student's responsibility to contact the District and ascertain when such subject matter will be presented. Where certain subject matter is integrated into a mixed curriculum, no change in the presentation need be made because of a nonpublic student's request for attendance. It is also the intent of this policy to insure that the teacher's right to integrate disciplines and be flexible in planning and modifying the daily classroom presentations shall not be hindered or restricted in any way.

GRADUATION:

A nonpublic student must meet all grade and other graduation requirements of this District in order to graduate and obtain a diploma.

IDEA/ADA/SECTION 504 STUDENTS:

Parents who wish nonpublic students to be enrolled in special programs must comply with the requirements of the Individuals with Disabilities Act (IDEA) and the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act of 1973 (Section 504). If a request for referral is made by said parents and if the evaluation of the student by the multi-disciplinary or child study team determines that special services are appropriate for the student, then such programs will be provided when possible. Until such determination is made, such special educational services or accommodations will not be provided.

Policy 513.1 - Transfer Students

Students, grade 1 through 12, transferring to Midvale School District #433, from non-state approved schools, public, private, parochial, or home school, shall be required to demonstrate proficiency in the subjects required by the state or district for placement at the proper grade level. This demonstration may take the form, at the discretion of the principal, superintendent and/or the Board of Trustees, of standardized tests, locally prepared tests, or oral tests conducted by a teacher(s) of the district.

Credits of transfer students from non-state accredited high schools will not be accepted until proficiency in subjects claimed have been demonstrated.

Credits and records of transfer students, grade 1 through 12, from state-approved or accredited schools will be accepted upon receipt of official transcript.

Policy 514.1 - Foreign Exchange Students

Philosophy

The District believes that foreign exchange students add to the richness of the high school setting for both District and foreign students. Thus, the District is willing to enroll a manageable number of foreign exchange students each year.

To protect the interests of the District and students, the District has adopted the following policies. It should be realized that foreign exchange students are educated at the expense of the taxpayers of the District and the State of Idaho.

1. The foreign exchange student must be eighteen (18) years of age or younger at the time of enrollment.

2. The foreign exchange student must reside with a legal resident of the District. Exceptions to this rule may be granted on a case-by-case basis.

3. The foreign exchange student must have sufficient knowledge of the English language to enable effective communication and to use instructional materials and textbooks printed in English.

a. An English proficiency test of the District’s own choosing may be administered and will supersede all other tests;

b. If an organization places a student who, upon arrival, is deemed by the District to be deficient in England language proficiency, the organization will do one of the following:

1. Terminate the student’s placement;

2. Provide, and pay for, tutorial help until the student reaches proficiency, as determined by the District.

Academic Standards and Graduation

1. The foreign exchange student will be expected to meet all appropriate standards required of any student enrolled in the District.

2. Foreign exchange students may graduate and receive a diploma from Midvale High School provided they meet all graduation requirements required of any student enrolled in the District.

Orientation by the Exchange Organization

1. Orientation, both pre-departure and upon arrival in the United States, must be provided to the exchange student.

2. Orientation must also be provided to the host family in advance of the exchange student’s arrival. The family should be advised of potential problems in hosting an exchange student and provided with suggestions for coping with these problems.

3. The student’s host family and the District must be provided written information which includes at least:

a. Name, address, and telephone number of both local and area coordinators for the exchange organization;

b. A twenty-four (24) hour emergency telephone number for immediate assistance by the exchange organization.

Supervision

1. The sponsoring foreign exchange organization must assume the final responsibility of resolving problems, including, if necessary, the changing of host families or the early return home of the exchange student because of personal, family, or school difficulties.

2. The sponsoring foreign student exchange organization must contact the exchange student and host family periodically throughout the exchange visit to ensure that problems are dealt with promptly and effectively.

3. The host family must be available and will to meet with school personnel when functions or conditions require it.

District Expectations - Student Opportunities/Responsibilities

1. Required Courses. Foreign exchange students will be expected to enroll in the following academic classes while attending Midvale High School:

a. One (1) English class;

b. One (1) United States history class or one (1) Government class;

c. Maintain enrollment in at least six (6) classes.

2. Athletic Program. Foreign exchange students are eligible to participate in the Midvale High School Activities Program. Guidelines for participation are set by District policy and by the Idaho High School Activities Association (IHSAA), as follows:

a. RECOGNITION. The student must be a participant of an "official Foreign Exchange Program" as defined in the publication from the National Association of Secondary School Principals, entitled, "Advisory List of International Educational Travel and Exchange Programs".

b. GRADUATION. The student cannot have graduated or received a diploma in his/her own country.

3. Student Fees. Foreign exchange students are expected to pay all yearbook fees, lab fees, prom tickets, yearbook costs, athletic fees, cap and gown fees, lunch and breakfast prices, and all other school incurred expenses that are expected of other students enrolled in Midvale High School.

4. Achievement and Discipline. Foreign exchange students must maintain passing grades in all classes, follow rules and regulations of District student policies, and show satisfactory discipline and attendance. Failure to comply with these expectations shall result in dismissal of the student from the District’s Foreign Exchange Program.

5. Scholarship(s). The District will not include names of foreign exchange students in its formal class-rank listing based on cumulative grade point average, not will foreign exchange students be eligible to apply for any local scholarships.

Placement Quotas for Foreign Exchange Organizations

1. Midvale High School will accept a maximum of four (4) individually sponsored exchange students on a first come, first served basis. Any requests for placement of more than four (4) exchange students will be considered on a case-by-case basis.

2. The fact that a foreign exchange organization has located a host family within the District does not infer the District will automatically enroll the student. While the organization may develop such an agreement with a host family, the family should be advised it is contingent upon admission to Midvale High School

Policy 515.1 - Student Records

School student records are confidential and information from them shall not be released other than as provided by law. State and federal laws grant students and parents certain rights, including the right to inspect, copy, and challenge school records. The information contained in school student records shall be kept current, accurate, clear, and relevant. All information maintained concerning a student receiving special education services shall be directly related to the provision of services to that child. The District may release directory information as permitted by law, but parents shall have the right to object to the release of information regarding their child.

The Superintendent shall implement this policy and State and federal law with administrative procedures. The Superintendent or designee shall inform staff members of this policy and shall inform students and their parents of it, as well as their rights regarding student school records.

Notification to Parents and Students of Rights Concerning a Student’s School Records

The District will maintain a file for each active student that shall contain information, including, but not limited to, the following:

basic identifying information
academic transcripts
attendance record
immunization records
intelligence and aptitude scores
psychological reports
achievement test results
participation in extracurricular activities
honors and awards
teacher anecdotal records
special education files
verified reports or information from non-educational persons
verified information of clear relevance to the student’s education
information pertaining to release of this record
disciplinary information

Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) affords parents/guardians and students over eighteen (18) years of age ("eligible students") certain rights with respect to the student’s education records. They are as follows:

1. The right to inspect and copy the student’s education records within a reasonable time of the day the District receives a request for access.

	Students less than eighteen (18) years of age have the right to inspect and copy their permanent record. Parents/guardians or students should submit to the school principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent(s)/ guardian(s) or eligible student of the time and place where the records may be inspected.

	The District charges a nominal fee for copying, but no one will be denied their right to copies of their records for inability to pay this cost.

	The rights contained in this section are denied to any person against whom an order of protection has been entered concerning a student.

2. The right to request the amendment of the student’s education records that the parent(s) / guardian(s) or eligible student believes are inaccurate, misleading, irrelevant, or improper.

Parents/guardians or eligible students may ask the District to amend a record that they believe is inaccurate, misleading, irrelevant, or improper. They should write the school principal or records custodian, clearly identifying the part of the record they want changed, and specify the reason.
If the District decides not to amend the record as requested by the parent(s)/guardian(s) or eligible student, the District will notify the parent(s)/guardian(s) or eligible student of the decision and advise him or her of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent(s)/guardian(s) or eligible student when notified of the right to a hearing.

3. The right to permit disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA or state law authorizes disclosure without consent.

Disclosure is permitted without consent to school officials with legitimate educational or administrative interests. A school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent(s)/guardian(s) or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the District discloses education records without consent to officials of another school district in which a student has enrolled or intends to enroll, as well as to any person as specifically required by state or federal law. Before information is released to individuals described in this paragraph, the parent(s)/guardian(s) will receive written notice of the nature and substance of the information and an opportunity to inspect, copy, and challenge such records. The right to challenge school student records does not apply to: (1) academic grades of their child, and (2) references to expulsions or out-of-school suspensions, if the challenge is made at the time the student’s school student records are forwarded to another school to which the student is transferring.
Disclosure is also permitted without consent to: any person for research, statistical reporting or planning, provided that no student or parent(s)/guardian(s) can be identified; any person named in a court order; and appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons.

4. The right to a copy of any school student record proposed to be destroyed or deleted.

5. The right to prohibit the release of directory information concerning the parent’s/ guardian’s child.

Throughout the school year, the District may release directory information regarding students, limited to:

name

address

gender

grade level

birth date and place

parents’/guardians’ names and addresses

academic awards, degrees, and honors

information in relation to school-sponsored activities, organizations, and athletics

major field of study

period of attendance in school

Any parent(s)/guardian(s) or eligible student may prohibit the release of any or all of the above information by delivering a written objection to the building principal within thirty (30) days of the date of the annually published notice. No directory information will be released within this time period, unless the parent(s)/guardian(s) or eligible student are specifically informed otherwise.

6.     The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA.

The name and address of the office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington DC 20202-4605

Policy 521.1 - Philosophy for the Maintenance of Orderly Conduct

General

The Idaho Constitution and Idaho law guarantees every person, between the ages of 5 and 21, the right to the educational opportunities of the local school district. Every student exercising this right is expected to accept the responsibilities that accompany school attendance.

To be effective a school must have a high standard of discipline: a standard designed to insure that students can pursue their education with minimum interference or disruption.

Goals

Discipline goals of the Midvale School System are twofold:

1.    To establish an atmosphere where learning can take place with minimum interference.

2.    To establish an atmosphere where students can develop self-discipline.

Policy 521.2 - Student Discipline and Punishment

General:

Each teacher has the authority to establish and enforce reasonable rules and regulations to insure classroom control, as long as the rules and regulations are consistent with Idaho statutes, board policy or administration regulations.

Each teacher shall inform students in their classes of what constitutes unacceptable behavior, and what the consequences will be for such unacceptable behavior. Discipline shall be firm, fair and consistent. And it shall be administered with discretion.

All teachers are expected to know district discipline policies, rules and regulations and to enforce them at all times while students are under the jurisdiction of the school.

Policy:

Students in the Midvale School system are expected to abide by accepted standards of good conduct and discipline, based on their grade level and age. This responsibility applies while on school grounds and while participating in any school function or activity.

Policy Exception:

Nothing in this policy prohibits a teacher from taking an immediate, reasonable, temporary disciplinary action against a student when it is deemed necessary to protect persons or property or to establish a disruption free atmosphere. Such action shall be reported to the superintendent as soon as it is possible to do so.

Preventive Measures:

The superintendent will initiate measures to avoid discipline problems.

Responsibility:

Students: Student’s responsibilities are:

To attend school, arrive on time to class with necessary materials.

To respect the learning environment.

To respect other people and their property.

To demonstrate acceptable behavior patterns.

Superintendent:

The superintendent shall implement and supervise the district’s discipline procedures. In fulfilling this responsibility, the superintendent may develop necessary regulations and/or procedures, and has the responsibility of informing all students and staff of new regulations before they become effective.

In addition, the superintendent or his designated representative will handle all discipline referrals by taking action under existing procedure, referral to the Board, or referral to the appropriate legal authority.

Discipline Procedure:

Any violation of the above will result in the following consequences. The behavioral categories are listed as minor or major. The possible consequences for inappropriate student behaviors include warning, after school detention, in school suspension, out of school suspension.

Demerits shall be given for each infraction and if a student accumulates 60 demerits in any one semester, the student shall be presented to the school board for evaluation and possible expulsion. If a student is expelled, the student shall receive a mark of "F" in all classes for the quarter in which the expulsion occurred. A student who is re-admitted to school after being expelled may be admitted under the specific provisions of a behavioral or alternative placement contract as drafted by the school administration. Consequences will start over at the beginning of each semester.

The following details the amount of demerits given for each consequence:

                Consequence                         Number of Demerits

Warning                                        0

Tardies                                         1 per tardy

Detention                                      5

In school suspension                      10 per day

Out of school suspension               15 per day

A student who fails to attend an assigned detention will be given a one day in school suspension.

Parents will be notified whenever their child is sent to the office and consequences greater than a warning are issued to the student. Parents will be notified of the number of tardies through progress reports and report cards. In the case of out of school suspension, every effort will be made to contact a family member in regards to sending the student home. A student will not be sent home without the knowledge of a family member or other responsible adult. Teachers shall, when referring a student to the office, write a disciplinary referral that accurately describes the incident. The description shall state exactly what was done and or said.

The following describes each category and the possible consequences given for infractions. Behaviors that are not included in one of the categories will be evaluated by the administration for placement in one of the two following categories:

Minor Offenses: (See Discipline Procedure for progressive consequences. Each category is counted separately.)

Disruptive behavior that interferes with the educational process, when the behavior is NOT considered violent, illegal, or a threat to the welfare of others.

Interfering with the rights of others.

Use of profane or vulgar language or actions or otherwise cursing.

Breaking posted and advertised school rules.

All dishonesty not specifically listed as a major offense.

Tardies.

Major Offenses: (See Discipline Procedure for progressive consequences. Each category is counted separately.

Insubordinate behavior above and beyond those listed as minor offenses.

Destruction, defacing, or theft of the property of others. (In addition to other consequences, the student must pay back the cost of correcting his/her action.)

Endangering the health of or inflicting injury on others.

Breaking the law.

Actions that discredit the school.

Truancy.

Incorrigibility.

Hazing.

Cheating.

Harassment and/or sexual harassment (as defined in Policy #525.1).

Using violence, force, noise, coercion, threats, intimidation, fear, or other comparable conduct toward anyone or urging other students to engage in such conduct.

Using, possessing, handling or transmitting any object which may be reasonably considered a weapon, while on school grounds or while under the jurisdiction of the school.

The forging of any signature, or the making of any false entry, or the authorization of any document used or intended to be used in connection with the operation of the school.

These grounds for disciplinary action apply whenever the student’s conduct is reasonably related to school or school activities, including, but not limited to:

1.     On, or within sight of, school grounds before, during, or after school hours or at any other time when the school is being used by a school group;

2.     Off school grounds at a school-sponsored activity, or event, or any activity or event which bears a reasonable relationship to school;

3.     Traveling to and from school or a school activity, function or event; or

4.     Anywhere, including off-campus, if the conduct may reasonably be considered to be a threat or an attempted intimidation of a staff member, or an interference with school purposes of an educational function.

Disciplinary Measures

Disciplinary measures include, but are not limited to:

1.     Expulsion;

2.     Suspension;

3.     Detention (see Detention Referral below);

4.     Clean-up duty;

5.     Loss of student privileges;

6.     Loss of bus privileges;

7.     Notification to juvenile authorities and/or police;

8.     Restitution for damages to school property.

Detention Referral:

If given a detention referral, the student will be assigned detention each time and five (5) demerits. Parents/guardians will be notified of the date/time each time their child receives a detention.

Disciplinary Referral:

If the student is given a disciplinary referral, the student is sent to the office, a copy of the disciplinary referral is sent home, and the student will be disciplined depending upon whether the infraction is a minor offense or major offense in the progressive disciplinary plan. This procedure does not prevent additional disciplinary action by the teacher. Severe misconduct may require elimination of some of the steps and immediate appropriate consequences.

Minor Offenses:

1^st Referral: After-school (30 minutes) detention with the assigning staff member.

2^nd Referral after-school (30 minutes) detention with the assigning staff member.

3^rd Referral after-school (30 minutes) detention with the assigning staff member.

4^th Referral: 1 day in-school suspension

5^th Referral: 2 day in-school suspension

6^th Referral: 1-3 day out of school suspension

Major Offenses:

1^st Referral: 1-2 day in-school suspension

2^nd Referral: 1-3 day out of school suspension

Students accumulating 60 demerits in any semester may be recommended for consideration of expulsion or alternative placement by action of the school board. Students who have accumulated 60 or more demerits will be suspended from school until the next regular board meeting. (Maximum of ten (10) days.)

Appeal - A student may appeal the decision in discipline matters to the superintendent. The ruling reached may be appealed to the Board of Trustees. All appeals must be filed with the superintendent within three (3) school days of the disciplinary conference.

Due Process - Every student is entitled to due process. The student must be informed of the charges against him or her, the potential consequences of the act, and must have the opportunity to present his or her version of the incident in question.

Records - In compliance with the office of Civil Rights, a disciplinary record shall be kept for all offenses where out of school suspension, expulsion, or class change is a punishment option. The record shall include the student’s name, grade level, and the names of involved staff members and the discipline used.

Policy 521.3 - Corporal Punishment

Definition.

Corporal punishment is physical punishment administered to students in an attempt to extinguish or modify inappropriate behavior.

General.

Corporal punishment when used with discretion can be an effective behavior modifier. Discretion is the key. For this reason, corporal punishment (spanking) will only be used when a rule violation or student behavior would warrant suspension from school.

The following procedure will be followed:

1.    Parent(s) will be notified or permission obtained before administering corporal punishment (spanking). Parent(s) may choose to administer the punishment or delegate to the school official.

2.    Whenever corporal punishment is administered, a written report will be filed with the Superintendent.

Policy 521.4 - Detention

General

Detention, when used discretely, is considered an acceptable form of punishment for either minor or major offenses.

Elementary (K-6)

Students in grades K-6 shall be assigned no more than 30 minutes of detention on a given day and the detention shall be served during the recess time on the school day the infraction occurred, whenever possible. Students shall not be deprived of their lunch break for special assistance or punishment except with the approval of the Superintendent.

Elementary students may be assigned in-school suspension for major infractions, as determined by the teacher and administrator. In-school suspension means that the student will be removed from the classroom and isolated in a quiet environment and supervised by the Principal or Superintendent. Assignments will be given by the teacher while the student is in in-house suspension.

Secondary (7-12)

Detention time will be held on the 1^st and 3^rd Saturday of each month from 8:00 am until 12:00 pm. Students must be on time for detention. If a student is late or fails to attend, they will be suspended for one day and receive zeros in each of their classes for that day. The zeros will be averaged in on daily classroom assignments.

Procedures

If detention is the course of action, a staff member shall:

1.     Immediately notify the parents or guardian by phone of the detention, and/or

2.     Notify the parents or guardians by mail of the detention reason, date and duration.

Policy 521.5 - Theft or Destruction of Property

General

Any student who steals school district property, enters a locked building or enclosure, or who destroys, defaces or otherwise damages school district property shall be immediately referred to the superintendent. The superintendent shall investigate and if circumstances warrant refer the case to the appropriate legal authority.

Theft or destruction of the personal property of others while on school premises or under the jurisdiction of the school shall be handled as a major offense.

Restitution

The student and his or her parent(s) or guardian(s) will be held responsible, within the limits of the law, for damage to school district property. The superintendent shall have full authority to use appropriate means to seek recovery of all costs related to the damage.

Policy 522.1 - Student Suspension

Purpose. The primary purpose of suspension is to temporarily remove the student from the school to give the school, the student and the student’s parents or guardians the time needed to resolve the problem that led to suspension.

Cause for Suspension. A student may be suspended when, in the opinion of the superintendent, his or her conduct is disruptive of the educational effectiveness of the school or of good order. A student may also be suspended for disciplinary reasons including, but not limited to the following:

Disrespect shown toward staff members or other students.

A serious or continual infraction of school rules.

Disobedience or refusal to obey any staff member.

Harassment or bullying.

Length of Suspension. Temporary removal of a student shall not exceed five (5) school days for a serious offense which may precipitate expulsion hearings or three (3) days for less serious offenses.

Authority to Suspend. The Superintendent has the authority and responsibility to suspend students under the provision of this chapter. The Superintendent may temporarily delegate the authority to suspend during his absence. Such authority is valid only during the period of the Superintendent’s absence. Any suspension effected during the Superintendent’s absence are in force only until his return and review.

Notification. Before a student leaves school after a suspension, his or her parents or guardians must be notified by phone. In addition, they shall be notified by registered mail within 24 hours of the suspension, of the cause for suspension, of the conditions of readmission and of the student’s rights. In addition, all Trustees shall be notified by phone and by copies of the suspension letter.

General Provisions. Students will be required to make up all work missed during the time of their suspension. Two days will be allowed for make-up work for each day missed. Days missed for suspension will count toward the 90% attendance requirement for granting of credit.

Due Process. A student must be granted minimum due process in all suspension hearings.

Procedures. Suspension procedures must be tape recorded and a written record kept.

When suspension is being considered, the Superintendent shall:

Meet with the student.

Inform the student of the charges.

Allow the student to explain and/or defend his or her actions.

If suspension is the course of action, the Superintendent shall:

Immediately notify the parents or guardians by phone of the suspension.

Notify the parents or guardians within 24 hours by certified mail of the suspension, its duration, and that the student and parents or guardians must meet with the Superintendent before reinstatement.

Establish a hearing date after contact with the parents or guardians.

Notify the school trustees by phone and by letter of the suspension, the reasons for suspension and of any responses to the suspension.

If the Superintendent suspends the student for five (5) days and intends for the student to face an expulsion hearing before the Board, he shall call a special Board meeting within the five day period to hear the complaint of charges. In such an event the procedure for expulsion shall be followed.

Policy 523.1 - Student Expulsion

General. The Board of Trustees may deny attendance by expulsion to any pupil who is an habitual truant, or who is incorrigible, or whose conduct, in the judgment of the Board, is such as to be continuously disruptive of school discipline, or of the instructional effectiveness of the school, or whose presence in a public school is detrimental to the health and safety of other pupils.

Procedure for Expulsion. If expulsion of a pupil is to be considered, the following shall apply:

1.    The Superintendent shall recommend expulsion.

2.    The Board of Trustees, through the Superintendent, shall give written notice to the parent(s) or guardian(s) of the pupil that expulsion of the pupil is being considered. The notice shall contain:

        a.    The grounds for the proposed expulsion.

        b.    The place, time and date of the hearing on expulsion. The date of the hearing shall be not less than twelve (12) school days or more than twenty (20) school days from the date of the hearing notification.

        c.    A notice that the parent(s) or guardian(s) may ask for a change of date for the hearing for cause. Said request shall be filed with the Superintendent within five (5) school days from the date of the notification.

        d.    A notice that the parent(s) or guardian(s) may appear to contest the proposed expulsion.

        e.    A notice that the student may be represented by counsel, produce witnesses, submit evidence and cross-examine any adult witness who may appear against him or her.

3.    A full and fair hearing shall be held before the Board of Trustees. The hearing will be held in executive session unless the student or an authorized representative requests that the hearing be conducted in an open meeting.

4.    The Board shall reach a decision based on information furnished at the hearing and shall give written notice of the decision to the parent(s) or guardians(s) of the pupil within three (3) school days of the hearing.

5.    A record of the hearing shall be contained in the minutes of the board meeting where the hearing was conducted.

6.    If a student is expelled from school and is within the age of compulsory attendance, the student comes under the provision of the youth rehabilitation law and the Superintendent shall file a petition with the magistrate division of the district court.

Policy 524.1 - Searching Students, Their Lockers or Desks

Lockers or Desks. It is permissible for school personnel to search or inspect a student’s locker when there is reasonable suspicion that it contains illegal or prohibited items. Such a search must be approved by the Superintendent or his designated representative.

Searches by other than school personnel or parents shall not be allowed without a search warrant or without consultation with the school’s attorney or the prosecuting attorney.

Random locker checks will be done on different days and times throughout the year. If any item is found in a student’s locker that is in violation of Board policy, the item will be removed and the parents will be notified. Board policy regarding that item will be implemented.

Use of Drug Dogs. The district may elect to use specially trained drug dogs to alert the dog’s handler to the presence of controlled substances in lockers, at the discretion of the superintendent or designee. The use of a drug dog shall comply with district policy and applicable law.

Drug dogs will be present for the purpose of detecting controlled substances in lockers only when there are no students or employees present. Only the trained dog’s handler will determine what constitutes an alert by the dog.

A drug dog’s alert constitutes reasonable suspicion for district officials to search the lockers. Such a search by district officials may be conducted without notice or consent, and without a search warrant. If a controlled substance is found in a locker as the result of this search, the item will be removed and the parents and law enforcement will be notified.

Personal Searches. Searching a student is subject to serious legal guidelines and shall be approached with care. Students may be searched only when there is reasonable cause to believe that he or she has a weapon and presents an immediate danger to life or property. Such a search must have the approval of the Superintendent or his designated representative and there must be a witness present.

Strip searches of students are prohibited.

Policy 524.2 - Dangerous Items

Knives, matches, fireworks, and other items which may be reasonably considered dangerous, shall not be brought to school by students or faculty. Such items shall be confiscated and delivered to the Superintendent.

1.    Students will only be issued a warning if they voluntarily realize they have brought a Dangerous Item to school and turn it over to the Superintendent.

2.    If a student is turned in or caught with a Dangerous item, but has no intent to harm others, he/she will be dealt with by the Superintendent or Principal using the Student Discipline System.

3.    Any student who possesses or intends to use a Dangerous item to cause physical harm to others will be Expelled from the Midvale School System.

Policy 524.3 - Gun-Free Schools

The Midvale School District #433 hereby adopts the "Gun-Free Schools Act of 1994".

Under this policy, the Midvale School District will require that any individual who brings a weapon to school will be expelled from school for a period of not less than one year, except that the Midvale Board of Trustees may modify the expulsion requirement on a case-by-case basis. The individual who brings a weapon to school will also be referred to the local police.

For the purposes of the Gun-Free Schools Act a "weapon" means a firearm as defined in Section 921 of Title 18 of the United States Code.

A.     Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive,

B.     The frame or receiver of any such weapon,

C.     Any firearm muffler or firearm silencer, or

D.     Any destructive device.

The term "destructive device" means:

A.     Any explosive, incendiary, or poison gas; bomb; grenade; rocket having a propellant charge of more than four ounces; missile having an explosive or incendiary charge of more than one quarter ounce; mine; or device similar to any of the devices described in the preceding clauses;

B.     Any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore; and

C.     Any combination of parts either designed or intended for use in converting any device into any destructive device described in sub paragraphs A. or B. and from which a destructive device may be readily assembled.

The procedure for the expulsion of an individual that falls under the Gun-Free Schools Act will be subject to the procedure for expulsion as spelled out in the Midvale School District’s policy.

The Midvale School District will not admit a student who has been expelled from another district for violating the federal law until that student has completed the expulsion period of not less than one year. The timing will be based on written confirmation from the district that initially expelled the student. Any student who wishes to challenge this decision--that is, the decision not to admit a student who has been expelled from another district under the Gun-Free School Act--is entitled to a due process hearing. This will follow the district’s normal procedure for conducting an expulsion hearing.

If a student violating this policy is identified as disabled, either under the IDEA or Section 504, a determination must be made whether the student’s conduct is related to the disability. If the violation of the policy is due to a disability recognized by the IDEA or Section 504, lawful procedures for changes in placement must be followed.

Any student subject to an expulsion shall be entitled to a hearing before the Board, in accordance with Idaho Code 33-205.

Possession of a Weapon on School Property - Misdemeanor

It is unlawful and is a misdemeanor for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school or in those portions of any building, stadium, or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school in this state or while riding school-provided transportation. This also applies to students of schools while attending or participating in any school-sponsored activity, program, or event regardless of location.

As used in this section of the Policy only:

a.     "Deadly or dangerous weapon" means any weapon defined in 18 U.S. C. §930;

b.     "Firearm" means any firearm as defined in 18 U.S. C. §921;

Any person who possesses, carries, or stores a weapon in a school building or on school property, except as provided below, shall be referred to law enforcement for immediate prosecution, as well as face disciplinary action by the District.

The Board may grant persons and entities advance permission to possess, carry, or store a weapon in a school building. All persons who wish to possess, carry, or store a weapon in a school building shall present this request to the Board in a regular meeting. It is solely within the Board’s discretion whether to allow a person to possess, carry, or store a weapon in a school building.

This section of this policy does not apply to:

1.     Law enforcement personnel;

2.     Any adult over eighteen (18) years of age and not enrolled in a public or private elementary or secondary school who has lawful possession of a firearm or other deadly or dangerous weapon, secured and locked in his vehicle in an unobtrusive, non-threatening manner;

3.     A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle while delivering minor children, students, or school employees to and from school or a school activity;

4.     A person or an employee of the school or school district who is authorized to carry a firearm with the permission of the board of trustees of the school district or the governing board.

Policy 524.4 - Student Drug, Alcohol & Tobacco Policy

Drug and Alcohol Policy

Philosophy

Midvale School District recognizes that substance abuse, the harmful use of drugs and alcohol, and the problems associated with it are becoming increasingly commonplace in our society. We recognize that a student’s involvement with drugs and alcohol may cause problems in their daily lives. We also recognize that in many instances a student’s involvement can lead to the illnesses of chemical dependency and alcoholism. We support prevention, early intervention, and appropriate referral. Our intent is to identify and document any behavior/appearance that would be considered problematic to the student. We will be involved in disciplinary action when needed.

We believe in the value of training employees to help recognize students in need and to increase awareness levels with respect to substance abuse. We wish to encourage continuing training in this area among employees through the district programs and through our employees’ own efforts.

Midvale School District believes that, along with the parents and the community, the school has a role to play in helping students understand the health risks and total dangers of alcohol and drug use. Therefore, we will cooperate by acting as a resource to students, parents, and teachers. Our intent is to act as an educator, identifier, referring agent and to promote the safety, health, and well-being of our students.

Definitions:

Whenever a student has consumed, taken, or is under the influence of drugs or alcohol on or near district property any time during school hours or at a school sponsored activity.

Possession: To have drugs, drug paraphernalia, or alcohol on your person or within an area of your control including but not limited to a car, locker, books, and clothes on or near district property any time during school hours or at a school sponsored activity.

Distribution/Sale: To share and/or sell alcohol or other controlled substances to other students or persons on or near district property during school hours or at a school sponsored event.

Controlled Substance: Any drug, obtainable with or without a prescription, that can be used in a manner dangerous to the health of the user. This includes, but is not limited to marijuana, amphetamines (stimulants), barbiturates (depressants), cocaine, codeine, inhalants, heroin, and hallucinogens.

Alcoholic beverage: Any beverage that contains alcohol, including but not limited to beer, wine, wine coolers, and liquor.

Found: Positive proof that the student has involvement in use, possession, distribution of alcohol or other drugs. School property, such as lockers and desks, are jointly held by the school and the pupil. School authorities have the right to conduct general inspection of all such property on a regular basis.

Student Assistance Team: A team approach to deal with students who are having behavioral/substance abuse problems. The team is comprised of the administrators, counselors, and school psychologist. Optional members may include teachers and other staff members.

Intervention: The process by which designated members of the Student Assistance Team share information and concerns about a student with the parent(s) or guardian(s) and make recommendations for dealing with the concern.

Activities: Any school-sponsored event that takes place outside of the regular school day and/or a school letter can be earned, i.e. band, choir, dances, debate, drama, school clubs, sports, etc. The student may not practice/participate outside of the regular class day. If the event to be missed is counted as part of the academic grade, i.e. band, choir, drama, debate, the student is to be given an alternate activity to accommodate the grade.

Under the Influence: Any student judged to be under the influence of alcohol or other controlled substances during school hours or at a school sponsored event will be subject to policy disciplinary procedures and will be referred to law enforcement as defined under DISCIPLINARY PROCEDURES.

Voluntary Disclosure: A student voluntarily discloses use of alcohol or other controlled substances (as defined above) while in enrolled in group counseling sessions at the school or in school associated programs. Voluntary Disclosure will not be subject to administrative or law enforcement procedures unless the student is in violation of school policy at the time of the disclosure. In an effort to maintain open communication, and to abide by Section 33-210, Idaho Code, group facilitators who receive the student disclosure will be obligated to notify parents. This sharing of information with parents serves to include the parents in the planning and support of their child’s recovery. Students enrolled in drug and alcohol group counseling settings must complete a Drug and Alcohol Assessment prior to inclusion. The assessment defines levels of use and should be considered the baseline requirement for a successful recovery plan. Students and parents wishing to schedule an assessment may call their guidance counselor or drug prevention specialist.

Assessment: The process which includes an objective assessment tool which gathers data relevant to major life areas to determine if a substance abuse problem exists and to what extent. Assessments are given by professional, certified evaluators who are independent of the Midvale School District and are free of charge to students enrolled in the district.

Disciplinary Procedures

Students are forbidden to knowingly and/or voluntarily use, possess, distribute/sell alcohol, or other controlled substances (as defined above) while in school or at school sponsored events.

Distribution/Sale: Any student found to be distributing or selling alcohol or other controlled substance (as defined above) will be referred to the district expulsion committee for expulsion. Law enforcement will be notified immediately.

Under the Influence: Any student judged to be under the influence of alcohol or other controlled substances (as defined above), regardless of any previous voluntary disclosure, will be deemed to be in violation of Section 37-2732C, Idaho Code, and will be subject to evaluation by an intervention trained counselor, administrator, or designee. Upon completion of the school’s evaluation, the building designee may choose to initiate procedures to seek evaluation by a Drug Recognition Expert or other law enforcement officials. The law enforcement evaluation may result in the transfer of school custodial responsibility to that of law enforcement in accordance with Section 20-216, Idaho Code.

Use/Possession: Any student found to be using or in possession of alcohol or other controlled substance (as defined above), will be disciplined in the following manner.

Kindergarten through Sixth (6^th) Grade

FIRST OFFENSE while in attendance at the elementary level:

Parents or guardians and Law enforcement will be contacted immediately upon verification of the violation. Parents will be notified and asked to make arrangements to have the student sent home for the remainder of the day. If unable to go home, student will be placed in detention for the remainder of the day.
Principal, counselor, or building team will schedule a parent conference within a week of the offense to assess an appropriate plan and follow-up for the student.

SECOND OFFENSE while in attendance at the elementary level.

Parents or guardians and law enforcement will be contacted immediately upon verification of the violation. The student will be suspended from school for five (5) days.

THIRD OFFENSE or additional offenses while in attendance at the elementary level.

Parents or guardians and law enforcement will be contacted immediately upon verification of the violation. The student will be expelled from school for the remainder of the semester with a minimum expulsion of two (2) weeks. (In compliance with Section 33-205, Idaho Code).

Seventh (7^th) through Twelfth (12^th) Grades

FIRST OFFENSE:

Law enforcement and parents will be contacted immediately upon verification of the violation. The student will be suspended from school for one (1) week and will be ineligible to participate in all school activities for a period of two (2) weeks or 10% of the scheduled activities, whichever is greater.

SECOND OFFENSE:

Law enforcement and parents or guardians will be contacted immediately upon verification of the violation. The student will be recommended for expulsion from school for one (1) semester or if a minimum of twenty (20) school days remain in the current semester, the student may be recommended for expulsion for the next semester.

THIRD OFFENSE

Law enforcement and parents will be contacted immediately upon verification of the violation. The student will be recommended for expulsion from school for two (2) semesters.

Tobacco Policy

Philosophy

Midvale School District recognizes the health risk involved with the use of tobacco. We are also aware of the research that shows a direct correlation between early use of tobacco and early use of drugs and alcohol. We also believe that along with parents and the community, the school has a role to play in helping students understand the health risks associated with the use of tobacco. Therefore, we will cooperate with parents and the community by acting as an educator, resource, and referral agent. Our intent is to promote the health and well-being of our students.

Disciplinary Procedures

The use, possess, distribute, or sale of all forms of tobacco while in school or at school sponsored events, is expressly forbidden. Any student who has been found to be using, possessing, distributing, or selling tobacco will be disciplined in the following manner:.

Kindergarten through Twelfth (12^th) Grade

FIRST OFFENSE:
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Parents or guardians and law enforcement will be contacted upon verification of the violation. The student may also receive in-school suspension for the following three (3) days.

SECOND OFFENSE.

Parents or guardians and law enforcement will be contacted upon verification of the violation. The student will be suspended from school for five (5) days.

THIRD OFFENSE

Parents or guardians and law enforcement will be contacted immediately upon verification of the violation. The student will be expelled from school for the remainder of the semester with a minimum expulsion of two (2) weeks.

Policy 524.6 - Student Interviews, Interrogations, or Arrests

Interrogations by School Administrators (Student Suspect)

In situations where a student is suspected of violating board policy or school rule, the principal or designee may interview/interrogate students without the prior consent of the student’s parent, guardian, or legal custodian. The school official must first have reasonable grounds, however, to suspect that the student committed such a violation. The nature and extent of the questioning must be reasonably related to the objectives of the questioning. If the student denies any involvement or culpability, the student will be afforded the opportunity to present his or her side of the story, orally or in writing.

Interviews and Interrogations by Law Enforcement Officials (School-Related Violation)

When a suspected violation of criminal law has occurred on school grounds, at a school sponsored activity, or an activity involving school operations, law enforcement officers may be notified by school officials to request a criminal investigation. Law enforcement officers may also independently determine that an investigation requiring student interviews and interrogations is necessary. When law enforcement officers question a student victim, witness, or suspect in such instances, school officials shall make an effort to notify the student’s parent, guardian, or legal custodian in advance of the interview or interrogation.

When students are interviewed or interrogated by law enforcement officers, the principal or designee shall request that police officers observe all procedural safeguards prescribed by law. However, district personnel are not responsible for a police officer’s compliance with the law. If a parent or student refuses to consent to police questioning, it is the law enforcement officer’s responsibility to respond appropriately to such refusal. Whether or not to postpone the interview or interrogation until the parent arrives is ultimately the law enforcement officer’s decision.

School discipline investigations conducted by school administrators and criminal investigations conducted by law enforcement officers shall be conducted in a parallel manner rather than as a joint investigation. Therefore, a school discipline investigation need not stop as soon as the school administrator believes that a crime has been committed. The results of the parallel investigations may be shared among school officials and the police.

In cases involving investigation of reported child abuse of a student where the suspected perpetrator is a member of the student’s family, such parent/guardian contact would not be warranted. The Idaho Department of Health and Welfare or law enforcement may exclude school personnel from any child abuse investigations/interviews and may use a school building to conduct the interview, but it is recommended that a school administrator be present during the interview/investigations.

Arrests by Law Enforcement Officers

A law enforcement officer may take a student into custody if the student has been placed under arrest or if the student’s parent, guardian, or legal custodian and the student consent to such release. The officer must first notify the principal or designee so that the student may be summoned to the principal’s office and taken into custody in a manner that is as inconspicuous as possible and minimizes disruption of school operations and the educational process. When an emergency situation arises and the student is taken into custody or arrested on school premises without prior notification to the principal or designee, the law enforcement officer should notify school authorities of the situation as soon as possible.

Definitions

1.     Interview - The questioning of a student who may be a witness or victim of an incident.

2.     Interrogation - The questioning of a student suspected of violating Board and/or District policy, school rule, or criminal law.

3.     Reasonable Grounds to Suspect - More than a generalized suspicion or a mere hunch, but not requiring certainty, that a violation has occurred. For example, it may be based upon, among other things, direct observations or the reported observations or experiences of others. It involves a common-sense conclusion about human behavior based upon all of the circumstance presented.

4.     Probable Cause - A set of probabilities grounded in factual and practical considerations, which would cause a reasonable person to believe that a violation has occurred. It requires having more evidence for than against.

Policy 525.1 - Student Harassment

Purpose and Authority

It is the policy of the Midvale School District to maintain a learning and working environment that is free from sexual harassment.

It shall be a violation of this policy for students to harass other students through conduct or communications of a sexual nature as defined below.

Definitions

Sexual Harassment: Unwelcome sexual advances, requests for sexual favors and other inappropriate oral, written or physical conduct of a sexual nature when made by any student to another student constitute sexual harassment when such conduct has the purpose or effect of substantially interfering with an individual’s academic performance or creating an intimidating, hostile or offensive academic environment.

Sexual harassment, as defined above, may include but is not limited to the following:

verbal harassment or abuse;

continued or repeated sexual jokes, language, flirtations, advances or propositions;

graphic verbal commentary about an individual’s body, sexual prowess or sexual deficiencies;

leering, whistling, touching, pinching, brushing the body, assault, coerced sexual acts, or suggestive, insulting or obscene comments or gestures; name calling, related stories, gossip, comments, jokes that may be derogatory toward a particular sex;

pressure for sexual activity;

repeated remarks to a person, with sexual or demeaning implications;

suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one’s grades, job, etc.

the display of sexually suggestive graffiti, pictures, posters or cartoons;

asking questions about sexual conduct or sexual orientation or preferences.

Human Rights: The following rights apply to all persons (students and staff) during the entire school day, including travel to and from school. Any action or attempt to deny individuals of these rights constitutes harassment.

The right to develop one’s own personality (as long as it does not interfere with the rights of others) without disrespectful criticism, or pressure from cliques.

Freedom from physical abuse and from mental abuse such as name calling, intimidation, or harassment.

Freedom from being set apart, or mocked because of race, sex, religion, physical strength, size, features, friendship-groups, age, culture, handicap, financial status, clothing, classroom performance, etc.

The right to privacy and freedom from being harassed in the classroom; the right to be treated respectfully.

The right to an education which means that teachers should be free to teach and students free to learn without being interrupted by inconsiderate or unruly students.

The right to have personal and school property respected.

Procedures

Any student who alleges sexual harassment by another student in the District may use the District’s complaint procedure or may complain directly to the Superintendent, guidance counselor or other individual designated to receive such complaints Filing of a complaint or otherwise reporting sexual harassment will not reflect upon the individual’s status.

The right to confidentiality, both of the complainant and of the accused, will be respected consistent with the District’s legal obligations, and with the necessity to investigate allegations of misconduct and take corrective action when this conduct has occurred.

A substantiated charge against a student in the School District shall subject that student to disciplinary action including suspension or expulsion, consistent with Policy #521.2 - Student Discipline and Punishment., including suspension and expulsion.

Policy 531.1 - Initiations and Hazing

Philosophy

It is the philosophy of the Board that all activities should be planned and conducted in such a way that no student is subjected to possible injury, illness, disgrace or undue embarrassment.

Definitions

Initiation: The formal induction of a student into the high school or an organized club.
Hazing: Any act which has the potential to injure, make ill, disgrace or unduly embarrass a student.
Initiations
Classes; - classes will not be allowed to have initiation ceremonies.
Clubs;- only the clubs that have formal induction ceremonies in their charter or by-laws may hold initiations.

Student Body the student body may conduct a well-planned and supervised initiation.

No activity is to be authorized if it can be considered hazing.

Students may not be required to participate in any initiation unless it is required in the charter or by-laws of the organization.

Hazing

Hazing is not to be allowed at any time.

Enforcement

The administrator is directed to approve all initiation activities and to administer appropriate discipline to students who violate the no hazing provision. Appropriate discipline may include suspension.

Policy 532.1 - Student Dress Code

The responsibility for appropriate dress and grooming rests primarily with the student and his/her parents. The school, however, reserves the right to encourage appropriateness in such a way as to contribute to school pride and morale, and to insure that a student’s appearance does not distract from the educational process or the general health and safety of the school.

Reasonable regulations governing appropriateness of dress and grooming in the classroom will be maintained. Example of reasonable regulations are as follows:

Footwear is required at all times.

No head wear, including, but not limited to, hats and visors, are to be worn in the classroom or in the halls during school hours.

Clothing shall be worn that covers the torso from a prudent neck line to a point on the thigh no shorter than arms length. Any clothing which causes a "distraction" from the educational process or poses a general health or safety hazard because the clothing is too tight, too loose, too thin, too short, too worn, or any combination thereof, may be deemed "inappropriate". Examples:

            Shirts or blouses that do not cover the abdomen.

            See-through shirts without an undershirt.

            Shoulderless shirts or dresses without an undershirt.

            Mini-skirts or shorts that are shorter than arms length.

            Bib overalls with no shirt.

            Second skins (bicycle pants) are not to be worn without an overgarment during school or during any school activity

Insignia are unacceptable in any form if they contain words, symbols, messages, styles, gang symbols/logos, or emblems which could be considered degrading or discriminatory on the basis of race, color, religion, national origin, sex, familial status, age or national origin. Obscene symbols, signs, slogans or clothing/jewelry promoting or containing alcohol, tobacco or drugs are also unacceptable.
Reasonable guidelines for dress and grooming will also be maintained at voluntary extra-curricular activities as established by staff members in charge of the activity.

School authorities have the responsibility to enforce the dress code.

Policy 533.1 - Student Use of Motorized Vehicles during School Day

General

Students shall not drive or be a passenger in or on any motorized vehicle during the school day without first having obtained permission from the Superintendent or, in his absence, his appointed assistant. Such use of motorized vehicles shall not be authorized unless it is determined by the proper authority.

Students shall not be authorized to drive a motorized vehicle to any out-of-town school function where he or she is a participant.

Students shall park in the student parking area during the school day or be subject to the penalties for failure to comply.

Instances of failure to comply shall be reported to the Superintendent or his appointed assistant.

Definition

School day shall mean from the time the student arrives at the school until he or she leaves to go home. The school day will also include the time spent at, and traveling to and from, an out-of-town school function where the student is a participant.

Student parking area shall mean the space located along the fence west of the football field between the bus parking gate and the north end of the football field.

Failure to comply shall mean parking in an area other than the student parking area.

Penalty for Failure to Comply

First Offense: The student will be assigned two (2) hours of detention.

Subsequent Offenses: The student will be assigned four(4) hours of detention.

Policy 534.1 - Head Lice Management

Education

The District will make available to parents prevention, management and treatment information. Infected students will be educated by the District in prevention measures. The District will also ensure that staff members have accurate information regarding transmission and treatment.

Discovery

Immediately upon observation of head lice and/or nits, the student’s parents will be contacted for removal of the student from school premises. If the parents cannot be reached, the individual designated by the parents to contact in case of emergencies will be called. A note will be sent home with classmates advising parents of the need to perform head checks at home.

No Nit Policy

A head lice check will be performed on the student when he/she returns to school following treatment for head lice. No student will be allowed to return to the classroom until all dead nits (eggs) have been removed from the child’s hair.

Periodic Checks

A routine head lice check will be made the 1^st Monday of every month. A check will also be conducted on the 1^st day following summer vacation, winter break and spring break. Additional checks may be performed as deemed necessary by the District.

Recommendation

The Southwest District Health Department recommends that all members of the family be checked for head lice. However, the Health Department does not recommend treatment for any individuals, including family members, who are not infested.

Policy 534.2 - Administering Medicines to Students

Any school employee authorized in writing by the school administrator or school principal:

I.     May assist in the self-administration of any drug that may lawfully be sold over the counter without a prescription to a pupil in compliance with the written instructions, if the pupil’s parent or guardian consents in writing.

II.     May assist in the self-administration of a prescription drug to a pupil in compliance with the written instructions of a practitioner, if the pupil’s parent or guardian consents in writing.

No employee except a qualified health care professional may administer a drug or prescription drug to a pupil under this policy except in an emergency situation. Diagnosis and treatment of illness and the prescribing of drugs are never the responsibility of a school employee and should not be practiced by any school personnel.

Administering Medication

The Board will permit the administration of medication to students in schools in its jurisdiction. Pursuant to the written authorization of a physician or dentist, as well as the written authorization of a parent or guardian, the school nurse (who has successfully completed specific training in administration of medication) may administer medication to any student in the school or may delegate this task pursuant to Idaho law.

Emergency Administration of Medication

In case of an anaphylactic reaction or the risk of such reaction, a school nurse or delegate may administer emergency oral and/or injectable medication to any student in need thereof on the school grounds, in the school building, or at a school function, according to the standing order of the chief medical advisor or the student’s private physician.

In the absence of a school nurse, the administrator or designated staff member exempt from the nurse licensure requirements (I.C. 54-1401 et seq.) who has completed training in administration of medication, may give emergency medication to students orally or by injection. There must be on record a medically diagnosed allergic condition which would require prompt treatment to protect the student from serious harm or death.

Record of the medication administered in an emergency will be entered on an Individual Student Medication Record and filed in the student’s cumulative health folder.

Self-Administration of Medication

Students who are able to self-administer specific medication may do so provided:

1.     A physician or dentist provides a written order for self-administration of said medication.

2.     There is written authorization for self-administration of medication from the student’s parent or guardian.

3.     The principal and appropriate teachers are informed that the student is self-administering prescribed medication.

Any school employee authorized in writing by the school administrator or principal may assist with self-administration of medications provided that only the following acts are used:

1.     Verbal suggestions, prompting, reminding, gesturing, or providing a written guide for self-administering medications;

2.     Handing a prefilled, labeled medication holder, labeled unit dose container, syringe, or original marked, labeled container from the pharmacy to the student;

3.     Opening the lid of the above container for the student;

4.     Guiding the hand of the student to self-administer the medication;

5.     Holding and assisting the student in drinking fluid to assist in the swallowing of oral medications;

6.     Assisting with removal of a medication from a container for students with a physical disability which prevents independence in the act.

Handling and Storage of Medications

All medication, including those approved for keeping by students for self-medication, must first be delivered by the parent or other responsible adult to the nurse or employee assisting with the self-administration of medication. The nurse or the employee must:

1.     Examine any new medications to insure that it is properly labeled with dates, name of student, medication name, dosage, and physician’s name.

2.     If administration is necessary, the nurse or employee must develop a medication administration plan for the student before any medication is given by school personnel.

3.     Record on the student’s Individual Medication Record the date the medication is delivered and the amount of medication received.

4.     Store medication requiring refrigeration at 36F-46F.

5.     Store prescribed medicinal preparations in a securely locked storage compartment. Controlled substances will be contained in a separate compartment, secured and locked at all times.

No more than a forty-five (45) school day supply of medication for a student will be stored at the school. All medications, prescriptions and non-prescription, will be stored in their original containers.

Access to all stored medication will be limited to persons authorized to administer medications or assist in the self-administration of medications. Each school will maintain a current list of those persons authorized by delegation from a licensed nurse to administer medications.

Disposal of Medication

School personnel must either return to the parent or destroy (with permission of the parent or guardian) any unused, discontinued, or obsolete medication. Medicine which is not repossessed by the parent or guardian within a seven (7) day period of notification by school authorities will be destroyed by the school nurse in the presence of a witness.

Policy 534.3 - Suicide

Although neither a school district (nor a teacher) has a duty to warn of the suicidal tendencies of a student absent the teacher’s or school district’s knowledge of direct evidence of such suicidal tendencies, the District may, in its sole discretion, provide the following programs in order to prevent adolescent suicide by:

1.     Offering and providing help and assistance including early identification;

2.     Support and/or counseling by school support personnel for low-risk students;

3.     Referral to appropriate sources outside the school for high and moderate-risk students;

4.     Attendance to the rights of the student and his/her family; and

5.     After care support by the school for faculty, staff, and students after a sudden death has occurred.

Policy 534.4 - Emergency Treatment

The Board recognized that schools are responsible for providing first aid or emergency treatment in case of sudden illness or injury to a student, but that further medical attention is the responsibility of the parent or guardian.

Each parent or guardian must provide an emergency telephone number where the parent or designee of the parent can be reached.

When a student is injured, staff shall provide immediate care and attention until relieved by a superior, a nurse, or a doctor. The principal or designated staff member should immediately contact the parent/guardian so that the parent can arrange for care or treatment of the injured student. When warranted, the Emergency Medical Technicians (EMTs) should be contacted by dialing 911.

If a child develops symptoms of illness while at school, the responsible school official shall do the following:

1.     Isolate the child immediately from other children in a room or area segregated for that purpose.

2.     Inform the parent or guardian as soon as possible about the illness and request him or her to pick up the child.

3.     Report each case of suspected communicable disease the same day by telephone to the local health authority, or as soon as possible thereafter if no contact can be made the same day.

In the event the parent/guardian cannot be reached and in the judgment of the principal or person in charge immediate medical attention is required, the injured student may be taken directly to the hospital and treated by the physician on call. When the parent/guardian is located, he/she may elect to continue the treatment or make other arrangements.

Policy 535.1 - Student Fees, Fines and Charges / Return of Property

Within the concept of free public education, the District shall provide an educational program for the students as fee of costs as possible.

A student may be charged a reasonable fee for any course or activity not reasonably related to a recognized academic and educational goal of the District or any course or activity held outside normal school functions. The Board may waive the fee in cases of financial hardship.

The Board delegates authority to the Superintendent to establish appropriate fees and procedures governing the collection of fees and to make annual reports to the Board regarding fee schedules. Fees may be required for the actual cost of breakage and of excessive supplies used in courses such as commercial, industrial arts, music, domestic science, science, or agriculture.

A student shall be responsible for the cost of replacing materials or property that is lost or damaged due to negligence. The District may require, as a condition of graduation, issuance of a diploma or certificate, issuance of a transcript, that all indebtedness incurred by a student be satisfied, or that all books or other instructional material, uniforms, athletic equipment, advances on loans or other personal property of the District be returned.

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Junior High School

Elementary School

Board of Trustees

Copyright 2006 | All Rights Reserved | Karen L. Piper

		Students in grades K-6 shall be assigned no more than 30 minutes of detention on a given day and the detention shall be served during the recess time on the school day the infraction occurred, whenever possible. Students shall not be deprived of their lunch break for special assistance or punishment except with the approval of the Superintendent.

	Elementary students may be assigned in-school suspension for major infractions, as determined by the teacher and administrator. In-school suspension means that the student will be removed from the classroom and isolated in a quiet environment and supervised by the Principal or Superintendent. Assignments will be given by the teacher while the student is in in-house suspension.