Article 5 Students 5000 Introduction 5001 Access to Student Files 5005 Parental Involvement Policy 5010 Attendance 5012 9 - 12 School Attendance 5015 Elementary School Attendance 5017 Middle School Attendance 5020 Classification of Students 5023 Enrollment Option 5025 Retention of Students 5030 Graduation Requirements 5033 Commencement 5040 Textbooks 5050 Student Rights and Responsibilities 5052 Other Rules and Regulations 5053 Truant Behavior 5055 Student Rights and Responsibilities 5057 Parent Responsibilities 5060 Student Discipline 5065 Suspension / Exclusion of a Handicapped Student 5070 Student Activities 5071 Awards 5072 Organization(s) 5077 Student Practice 5079 Travel 5080 General Activities 5083 Gun Free School’s Policy 5085 Student Parking 5087 Parental Permission Sheets 5090 Health and Health issues 5091 School Wellness Policy 5093 Student Illness 5101 Student Discipline (Revised 2008) 5202 Student Records (FERPA) 5202 Annual FERPA Notice 5415 Bullying Policy 5415 Samply Minutes to reflect review of Bullying Policy 5418 Homeless Students Policy 5418 Homeless Students Policy Form Article 5 Students STUDENTS The Wynot Board of Education believes that an informed, capable, well trained, and student-oriented staff is of primary importance to the maintenance of a quality-learning environment. Legal Reference Bylaw Adopted 6/22/06 STUDENTS Access to Personnel Files It shall be the policy of the Wynot Board of Education to protect the student’s “Right to Privacy” with respect to maintenance of all school records as provided for in the Nebraska State Statutes § 79-4, 157, and federal legislation as amended in HR69 (1969). Any teacher, counselor, school administrator, or other school official who has a legitimate educational or professional connection with any audit or legitimate evaluation, shall have access to the school’s files or records maintained concerning the student. They shall acknowledge such a review by signing a statement which contains a list of persons who have viewed the student’s cumulative file showing the date and name of persons using the student’s record. No other person shall have access, thereto, nor shall the contents thereof be divulged in any manner without written consent of parent or guardian of the student provided the student has reached the age of twenty-one (21), or graduated from high school Records and school files may include: identification data, academic records, attendance records, standardized test scores, psychological records, health data, family background and personal data. All records shall be maintained so as to separate academic and disciplinary matters. All disciplinary material shall be removed and destroyed upon the student’s graduation or after continuous absence from school for a period of three (3) years. Behavioral / disciplinary records include such things as comments referring to the student’s behavior and other subjective statements such as those from teachers, counselors, or administrators concerning academic performance or personality. Legal Reference STUDENTS Parental Involvement Policy Cedar County School District Number 14-0101, Wynot Public Schools, after having conducted a public hearing concerning parental involvement and participation in the school district herewith declares that it shall be the policy of the District to provide access to parents to all textbooks, tests, curriculum materials, and any other instructional materials used by the school. It further shall be the policy of the District in the event any parent has a complaint or objection to any such materials to make such provision for personal conferences with the parent and appropriate school personnel to discuss such concerns as the superintendent or his/her designee may deem appropriate. The superintendent or his/her designee shall cause to be prepared a complaint form that may be used by a parent to express objections to any such instructional material. Such complaint forms shall seek information including, but need not be limited to, the specific instructional material complained of, the reason for the complaint, and a proposed solution for resolution of the complaint from the parent’s perspective. It shall further be the policy of the District to upon any reasonable advance request by a parent to attend and monitor courses, assemblies, counseling sessions, and other instructional activities, to permit such parent to be in attendance at such activities unless such attendance would substantially interfere with a legitimate school interest. It further shall be the policy of the District to encourage communications from parents concerning when a parent believes it to be appropriate for his/her child to be excused from testing, classroom instruction, and other school experiences that the parent finds objectionable. The superintendent or his/her designee shall make a provision on the complaint form herein above referred to for receiving information from a parent concerning what specific testing, classroom instruction, or other school experience the parent finds objectionable, the basis for the parent’s objection and a proposed solution for dealing with the objection that would be satisfactory to the parent. It further shall be the policy of the District to provide full access to the records of the students to a parent or guardian all as set forth in § 79-4.157 Federal Education Right to Privacy Act (1974), and other applicable law during regular business hours of the school at the school headquarters, or whenever the student’s records may regularly be maintained by the District. Further, it is a policy of the District to notify a parent or parents of any student who may be subjected to a standard norm referenced, or criterion referenced test, or standard tests such as, but is not limited to the Stanford 10, ITBS (Iowa Test of Basic Skills), CAT (California Achievement Test), and CTBS (Comprehensive Test of Basic Skills), to notify the parent when reasonable to do so, where a sample of such tests might be observed and the date upon which such test will be administered. As to all testing by the District, experimental evaluation methodologies, experimental testing instruments and any testing instrument which would tend to inquire into the values, beliefs, or privacy rights of any student, parent, or guardian of such student shall be prohibited unless a parent requests in writing that such tests be administered to his/her resident child. Prior to any school sponsored survey being administered to the students of the District, it shall be the duty of the superintendent or his/her designee to notify the parent or parents to each child involved in the survey of the nature of the survey, the date and time when such survey shall be administered, and the purpose for which and the uses of which survey exist from the school’s perspective. Any parent who, after observing the survey instrument, requests in writing that his/her student be exempt from such survey shall have such request honored. In order to ascertain that such rights as the parents of the District may have to make judgments believed by the parent/parents to be in the best interest of the child, it shall be the policy of the District whenever a parental objection is raised concerning textbooks, tests, and other curriculum materials, the subject matter of course, assemblies, counseling sessions, or other instructional activities, and when such objections are asserted by the parent to be made in good faith for reasons of conscience or based upon religious grounds, and when such objection causes the parent to request that his/her child be excused from any testing, classroom instruction, survey, assembly, counseling session, or other instructional activity or other school experience, the superintendent or his/her designee shall excuse such student from activity. Administration shall direct the appropriate personnel to make reasonable efforts to provide when reasonable or practical to do so alternate school activities or school experiences for the activity or school experiences from which the student has been excused. It shall further be the policy of the District to prohibit any diminution in grade, credit, or other determent to the student as a result of having been excused from any school experience or school activity as a result of objections by his/her parent or parents under this policy. Bylaw Adopted 6/22/06 STUDENTS If a student is absent more than nine times during any class period per semester no credit will be given for that class. If the absences are a result from an extended illness, etc., the parents may request a special hearing from the superintendent, or designee to show just cause. If a request for a hearing is denied, the parents have the right to request a special hearing from the board of education at their next regular meeting to reach a settlement. Nine times per semester is the maximum number of absences allowed; therefore parents should show extreme care in allowing absences by their children. Upon returning to school from being absent from classes, the student must present a note from the parent to the teacher indicating the reason(s) for the absence. The note then is to be submitted to the superintendent, or designee for approval. Parents are asked to call the school, or send a note when the child is to be absent. Parents are encouraged to notify the school as soon as is possible. The child should make up the work to be missed ahead of time. If a student is absent from school and the school has not been notified, then they will take the necessary steps to determine where the student is and for what reason he/she is absent. A student who has been excused will be allowed a reasonable amount of time to make up the work he/she missed for full credit. For each absence the student has without permission of the parent(s) and the school, work must be made up with no credit given and the absence will be considered truancy and may result in suspension. Legal Reference Bylaw Adopted 6/22/06 STUDENTS Elementary School Attendance An elementary student will be allowed to be absent from school for a maximum of ten times per semester. A student who misses more than ten days per semester will be expected to repeat the same grade. The superintendent, or designee with a medical doctor’s orders may waive excessive absences owing to extended illness as the need arises. Legal Reference Bylaw Adopted 6/22/06 STUDENTS A middle school student will be allowed to be absent from school for a maximum of ten times per semester. A student who misses more than ten days per semester will be expected to repeat the same grade. The superintendent, or designee with a medical doctor’s orders may waive excessive absences owing to extended illness as the need arises. Legal Reference Bylaw Adopted 6/22/06 STUDENTS Classification of Students (K – 12) To enter the first grade, a child must be six (6) years of age on or before October 15th. Student transferring into the district will be placed in the grade corresponding to his / her readiness level determined in combination of the guidance counselor and the superintendent, or designee. The superintendent and the teachers of the elementary grades shall determine in which grade a pupil will be classified. The final report of the school shall determine the grade in which an elementary student shall be placed at the beginning of the following term. In senior high school, a pupil must have earned: Legal Reference Bylaw Adopted 6/22/06 STUDENTS The Wynot Public Schools District participates in the Enrollment Option Program that was created by the State of Nebraska Legislature in 1989. The Enrollment Option Program is limited to Nebraska public school students in kindergarten through twelfth grade. The parent or legal guardian must complete an application form for each child. These forms may be obtained from the resident or option school or from the Department of Education. The statewide application period is between September 1 and January 1 for student to transfer in the following school year. The only students that may enroll at Wynot Public Schools will be students that move into the district and establish residency. Wynot Public Schools will allow students to option out after the January 1st deadline. The resident district must respond by February 1st, after the January 1st option deadline, and the option district must respond by April 15th. Once, formally approved, option students must continue attending the option school district until: they complete all grades offered by the option district; Legal Reference Bylaw Adopted 6/22/06 STUDENTS Students in grades K – 6 may be retained in their grade after consultation with the parents if school officials determine it is in the best interests of the student. Retention should take place as early as possible in the primary grades. Each student in grades seven and eight must satisfactorily complete requirements in math, science, English and social studies. If the requirement for these courses is not completed during the school year, makeup work may be required during the summer or the following year during study hall, before or after school. Failure of two of these courses may result in retention of the student in the same grade. Makeup work also may be required for failure in other classes as well. High school students will be classified by grade according to credits earned. Since there are many reasons for student failure, it is possible that a student not performing successfully be tested with parental permission so the student may be given an individual educational program of study. If parental permission is not given and the student is in definite need of help, other means of action may be taken to benefit the student. Legal Reference § 79-4, 133 through 139 Bylaw Adopted 6/22/06 STUDENTS Graduation from Wynot High School shall be on the recommendation of the high school principal and the superintendent upon satisfactory completion of 210 credit hours. Included in the total hours completed shall be satisfactory completion of the following courses:
It is recommended that each pupil shall regularly participate in more than one pupil activity. Conditional graduation and blank diplomas shall not be given. All financial obligations must be taken care of before the diploma will be awarded. Graduation requirements will be 210 credits and a Grade Point Average (GPA) of 70%. The only exception to the graduation requirement is an Individualized Educational Program approved by the superintendent and the Board of Education of the Wynot Public Schools. The requirements are in effect beginning with the 1998 – 1999 sophomore class. Only academic grades will be used in computing grade point averages (GPA) for class rank. Academic classes are: all language arts, all math, and all social sciences; physical science, biology, chemistry, physics, foreign languages, computer sciences, accounting economics, business classes, art, and any other new offering that is deemed academic by the administration of the Wynot Public Schools. Legal Reference Bylaw Adopted 6/22/06 STUDENTS The superintendent, or designee of the Wynot Public Schools shall set the date and time for the commencement exercises. Legal Reference Bylaw Adopted 6/22/06 STUDENTS Textbook loans to children enrolled in certain private school in Nebraska: 1. Policy Statement The board of education of this school district will purchase and loan textbooks to certain students attending certain private schools to the extent that funds are provided for the purchase and loan of such textbooks by the Nebraska Department of Education in accordance with S 79-4, 118, R. R. S., and Nebraska Department of Education title 92, chapter 4. The superintendent, or the superintendent’s designee will be responsible for implementing this policy in accordance with Nebraska statutes and the Nebraska State Department of Education regulations. 2. Textbook List Annually, on or before December 1, 1989, and each year thereafter, the superintendent or the superintendent’s designee shall prepare a list of textbooks designated for use in this school district during the current year and any new textbooks that this school district has determined by December 1st shall be used during the next school year. Textbooks or textbooks for purposes of this policy shall mean a book which is designated for use in classroom instruction as the principal source of study material, in kindergarten through twelfth grade in this school district and which is distributed to all students in a classroom. Library books, workbooks and other similar materials are not to be considered a textbook or textbooks. The word “textbook” used in the singular herein also may mean the plural, and the word “textbooks” used in the plural herein also may mean the singular. A copy of the list shall be available for inspection in the superintendent’s office of this school district and at such other places as the superintendent designates. Reproduction of the list may be provided upon request and payment of a fee. 3. Applications for Textbook Loan Applications by a parent or legal guardian for the loan of textbooks shall be made on the Department of Education’s designated form, annually, on or before January 15th for the following school year, and shall be made on behalf of each individual child designated on the form. A separate form must be filed for each individual child. Properly executed forms must be received by and filed with the superintendent’s office on or before January 15th to be considered for the following school year. Applications may be made and will be processed where the child resides in this school district pursuant to Nebraska Department of Education rules and regulations, and the child is enrolled in kindergarten through grade twelve of a private school which is approved for continued legal operation under Title 92, Nebraska Administrative Code (NAC), Chapter 10. 4. Funding Request and Funding The superintendent or the superintendent’s designee, before February 15th preceding the start of classes for the school year for which the application has been made, shall file with the Department of Education on its designated forms a request for funding for the requested textbooks. Annually, on or before March 15th, the school district shall receive from the Department of Education its distributive share of available funds. 5. Textbook Purchase The superintendent, or the superintendent’s designee, after receiving distribution of funds from the Department of Education, will arrange for the purchase from the funds available of textbooks for which applications have been made. In the event the Department of Education does not fund the entire request, the superintendent, or designee shall elect which textbooks shall be purchased exercising the superintendent’s best judgment. In the event that there are not enough textbooks of a particular class, subject and grade level to fill all of the individual requests, then such textbooks shall be distributed on the basis of a random drawing. 6. Textbook Distribution and Restrictions The superintendent or the superintendent’s designee shall, at least ten (10) days prior to the beginning of public school classes, notify in writing the parent or legal guardian of each private school student at the address specified in the application, who is to receive a textbook, where and when textbooks will be made available. The superintendent or the superintendent’s designee shall require a parent or legal guardian of each such student to sign a receipt at the time the textbooks are picked up using a receipt form designated by the Department of Education. A parent or legal guardian of a student receiving a textbook shall return textbooks to the superintendent’s office within fifteen (15) days after the close of the public school year classes. If a parent or legal guardian fails to return a textbook or returns a textbook damaged beyond ordinary wear and tear, they shall be responsible for reimbursing this school district for the loss of the non-returned or damaged textbooks. The school district may refuse to loan textbooks to parents or legal guardians who have failed to reimburse this school district for lost or damaged textbooks. The superintendent, or designee may limit the loan of textbooks each year in accordance with Department of Education rules and regulations. 7. Inventory and Accounting The superintendent or the superintendent’s designee shall establish and maintain a separate inventory list of textbooks for loan to private school students. Textbooks purchased with funds from the Department of Education shall be made available to private school students so long as the textbooks remain on the list of textbooks designated for use in this school district and are not lost, stolen, or damaged beyond repair. Any amounts recovered from students or parents for damaged textbooks or textbooks not returned shall be retained in a separate account and shall be used to offset the amount claimed in future years for distribution to this school district from the Department of Education. Legal Reference Bylaw Adopted 6/22/06 STUDENTS Introduction to Rights and Responsibilities Schools exist to provide education to all students at public expense. We expect the students of the Wynot Public Schools to observe the rules and regulations that are made for the protection of all students. Exclusions Nebraska law provides for four (4) types of exclusion of students from school: 1. short term suspension of not more than five (5) days; 2. emergency exclusion – to protect the health and safety of other students, or to 3. long term exclusion of more than five (5), but less than twenty (20) days; 4. expulsion for the remainder of the semester; Legal Reference Bylaw Adopted 6/22/06 STUDENTS Additional Rule and Regulations The Board of Education of the Wynot Public Schools believe the following to important to the well-being and good order of the school district. 1. Students who leave school for any reason must have permission of the administration. 2. School officials reserve the right to inspect student’s desk, locker, books, and other property. 3. Students are discouraged from bringing valuables and large amounts of money to school. The school board and school officials assume no responsibility in case of loss. Money may be checked in at the principal’s office for safekeeping during the school day. 4. Books and equipment supplied by the school district must receive reasonable care. 5. Medicine cannot be administered by the school. Legal Reference Bylaw Adopted 6/22/06 STUDENTS The Board of Education of the Wynot Public Schools believe the following to be important to the well-being and good order of the school district; it adopts the following policy on truant behavior for the Wynot Public Schools. I. Reporting and responding to Truant Behavior. A. Any administrator, teacher, or member of the board of education who knows of any failure on the part of any child age 7 to 16 to attend school regularly without lawful reason, shall within three (3) days report such violation to the superintendent, or designee. The superintendent, or designee shall immediately cause an investigation of the case to be made. When of his / her personal knowledge, by report or complaint from any resident of the district, or by report or complaint as provided in this section, the superintendent as the designated attendance officer, believes that any child is unlawfully absent from school, he / she shall immediately investigate. The school shall render all services in its power to compel such child to attend some public, private, denominational, or parochial school which the person having control of the child shall designate, in an attempt to remediate the child’s truant behavior. Such services shall include, as appropriate, but need not be limited to: One or more meetings between a school attendance officer, school social worker, or Educational counseling to determine whether curriculum changes, including, but not limited to, enrolling the child in an alternative education program that meets the specific educational and behavioral needs of the child, would help solve the truancy problem Educational evaluation, which may include a psychological evaluation with the written consent of the parent or guardian, to assist in determining the specific condition, if any, contributing to the truancy problem, supplemented by specific efforts by the school to help remedy any condition diagnoses; and B. Truancy and tardiness are a violation of school rules. The services to be provided in response C. If the child continues to be or becomes habitually truant, the attendance officer shall serve a written notice to the person violating the compulsory attendance statues, warning him or her to comply with its provisions. If in one week after the time such notice is given, such person is still violating such statutes, then such attendance officer shall file a report with the county attorney of the county in which such person resides. II. Instructional Decisions and Make-up Work A. Make-up work for students who are absent from school shall be governed by guidelines developed by the superintendent, or designee. The guidelines shall state the criteria to be used in determining whether and to what extent the opportunity to complete class work, including examinations, missed during a period of disciplinary suspension will be granted. B. Make-Up Work Guideline. The make-up work of students will be counted for course credit when satisfactorily completed according to the guidelines stated below, or such other guidelines as approved by the superintendent or the designee. To receive credit for work missed due to excused absences (e.g., parent requested prearranged absence, personal illness, bereavement, or emergency in the family, or participation in an approved school activity), the student, upon returning to school is responsible: (a) for requesting assignments for make-up work, and (b) for completing the make-up work on his/her own initiative by the due date. The teacher will provide materials and assistance to a student who is making up work for these reasons. To receive credit for work missed due to an unexcused absence or disciplinary suspension, the student, upon returning to school, is responsible: (a) for requesting assignments for make-up work, and (b) for completing the make-up work on his/her own initiative, and on his/her own time either before / after school, by the due date. The amount of assistance the teacher is to provide, if any, will be determined by the teacher based on the teacher’s work load and on whether the student displays a positive attitude towards the make-up work and a willingness to not engage in future unexcused absences or misconduct. The teacher may assign the student to different work to make-up than that actually missed, in the same subject or topic area. The date when make-up work is due will be determined by the teacher based upon the content being studied and the length of student absence. Ordinarily, the student will be expected to complete work issued due to short-term absences (i.e., five days or less) within five days after returning to school. Students who plan to miss school due to a scheduled school activity or a parent request prearranged absence may request assignments and make arrangements to complete part or all of the work prior to the absence. Legal Reference Bylaw Adopted 6/22/06 STUDENTS Student Rights and Responsibilities The Wynot Board of Education hold the following regulations will prevail for the purpose of insuring student’s rights and expression of opinion. While at the same time, they serve to protect administrative responsibility and duty as well as the rights of other students and individuals. Due process, as defined in the statutes of the State of Nebraska, will be followed in all situations that may involve emergency exclusion, short or long term suspension, expulsion, or mandatory reassignment. Such due process shall include written notice to the student, parents, and / or guardian of the reasons for the exclusion, and notification of the right to request a hearing as provided by statute. The following process will be used to resolve conflict situations that involve staff and patrons or students, and which do not involve long-term suspension, expulsion, or mandatory reassignment. The building principal will orally communicate to the student any major decision that directly affects the student. In the event the decision is to exclude for more than five (5) days, the following procedure will be followed: A written charge and summary of evidence supporting the charge shall be filed with the superintendent, or designee of schools on the date of the decision to exclude. (1) Rule violated and summary of evidence; Legal Reference Bylaw Adopted 6/22/06 STUDENTS Every parent has the responsibilities to: make every effort to provide for the physical needs of the child; strive to prepare the child emotionally and socially to make him/her receptive to learning and discipline; strive to have the child attend school regularly and on time; encourage and lead the child to develop proper study habits at home; know school requirements and procedures; speak up to prevent misunderstandings; discuss problems with the appropriate person(s); work for the success and improvement of the school program. Legal Reference Bylaw Adopted 6/22/06 STUDENTS It shall be the policy of Wynot Public School District in order to comply with the Student Discipline Act of 1994. To ensure that students receive fair treatment consistent with their constitutional right to due process and fundamental fairness within the context of an orderly and effective educational process, prior to being subject to emergencies exclusions, short term or long term suspensions, expulsions, or mandatory reassignments. Such disciplinary action, therefore, will be made in accordance with the following procedure. I. Definition Superintendent means superintendent or his/her lawful designee. Principal means principal or his/her lawful designee. II. Right to Notice It shall be the duty of the superintendent, or designee to provide clear notice to each student and his/her parent or guardian of all rules and standards concerning student conduct that have been established or which will be established and promulgated by the board of education. Such rules, or standards, which form the basis for discipline shall be distributed to each student and his, or her parent, or guardian at the beginning of each school year. The superintendent, or designee also shall be responsible for posting in a conspicuous place within each school building during the school year such rules or standards. In the event there are changes in the rules and standards, such changes shall not take effect until the superintendent, or designee has made a reasonable effort to distribute the text of such changes to each student and his or her parent or guardian. III. Informal Conferences Before any student is excluded, suspended, expelled or mandatory reassigned for a violation of the district’s code of student conduct, such student will attend an informal conference with the principal. During this conference, the principal will inform the student orally or in writing of the charges against him/her, including an explanation of the evidence relating to such charges. If the student denies or disputes the charges he/she will be given the opportunity to give his/her version of the events relating to the charge. IV. Short Term Suspension A. Informal Conference Before deciding whether a student should be subjected to a short-term suspension, the principal shall hold an informal conference with the student, at which the student shall be confronted with the charges, and be provided with an explanation of the charge or charges if requested. The student also shall be provided an opportunity to present his or her version of the facts relating to the charge. The principal will decide whether the charges against the student are substantially true and whether suspension is necessary; (1) to help any student, (2) to further school purposes, or (3) to prevent an interference with school purposes. If the principal decides that the student engaged in the conduct as charged, the principal will impose the appropriate disciplinary action. B. Development of Guidelines It shall be the policy of the district to direct the superintendent, or designee to develop and adopt guidelines to be used in determining whether and to what extent a student who is suspended pursuant to this policy may be given an opportunity to complete any class work, including but not limited to examinations missed during the period of suspension. The superintendent shall take into consideration such things as, but not limited to, what impact the lack of opportunity to complete class work and examinations would have on the student’s ability to timely graduate, obtain full credit in any course, and whether the disciplinary action would unduly diminish or exaggerate the seriousness of the offense or cause any other educational relevant outcome. Such guidelines as the superintendent, or designee may develop shall be provided to the student and parent or guardian at or prior to the time of suspension. C. Written Notice When a student is suspended, the principal shall send a written statement to the student, and the student’s parent or guardian, describing the student’s conduct, misconduct or violation of the rule or standard, and the reason for the suspension. The principal shall provide reason for the suspension. The principal shall provide the student and the student’s parent or guardian with the school district’s guidelines regarding the student’s opportunity to complete any classwork missed during the period of suspension. The principal shall make a reasonable effort to hold a conference with the student’s parent or guardian before or at the time the student returns to school. V. Long Term Suspension, Expulsion, and Mandatory Reassignment A. Written Charge and Written Notice If, after the initial conference between the principal and the student, the principal decides that long-term suspension, expulsion or mandatory reassignment is appropriate, on the date of that decision; the principal shall file a written charge and a summary of the evidence supporting the charge with the superintendent, or designee. Within two (2) days of the decision, the school shall send written notice by registered mail, or certified mail to the student and the student’s parent or guardian informing them of their rights under the Student Discipline Act. The written notice shall include the rule or standard of conduct with which the student is charged of violating, a summary of the evidence to be presented against the student, and both the penalty which the principal has recommended in the charge and any other penalty to which the student may be subjected. The written notice shall inform the student and the student’s parent or guardian that they are entitled to a hearing, upon request, before long-term suspension, expulsion, or mandatory reassignment for disciplinary purposes can be invoked. Written notice also shall contain a description of the hearing procedures provided by the Student Discipline Act and the procedures for appealing any decision rendered at such a hearing. The written notice also shall inform the student and the student’s parent or guardian that the principal, the legal counsel for the school district, the student, the student’s parent, or the student’s representative or guardian shall have the right to examine the student’s academic and disciplinary records and any affidavits to be used at the hearing, any written statements pertaining to the matter if the school has such statements, and to know the identity of the witnesses which will appear at the hearing and the substance of anticipated testimony from such witnesses. Finally, the written notice shall include a form on which the student, or the student’s parent or guardian may request a hearing. B. Hearing Procedures for Hearings Requested Within 5 Days (1) Scheduling of the Hearing If the student or the student’s parent or guardian requests a hearing within 5 days after receipt of the written notice, the superintendent, or designee shall appoint a Hearing Examiner who shall, within two (2) days after being appointed, give written notice to the principal, the student, and the student’s parent or guardian of the time and place of the hearing. The hearing shall be scheduled within five (5) days after it is requested; but the Hearing Examiner for good cause may postpone it. Unless all the parties consent in writing, no hearing shall be held upon less than two (2) school days actual notice to the principal, the student and the student’s parent or guardian. (2) Single Hearing for Multiple Students When more than one student is charged with violating the same rule and they are charged with acting in concert and if the facts appear to the hearing officer to be substantially the same, a single hearing may be held for such students as a group, if the hearing examiner believes that a single hearing will not prejudice any of the students. If during the pendency of the hearing, the examiner finds that a student will be substantially prejudiced by a group hearing, the hearing examiner may order a separate hearing for that student. (3) Hearing Procedures During the hearing, the student and the student’s parent or guardian will have the opportunity to present the student’s side of the case and to call and question witnesses. No long term suspension, expulsion, or mandatory reassignment hearing will be held unless it is attended by the hearing examiner, the student, the student’s parent or guardian, the student’s representative, if any, and legal counsel as defined in § 79-4.187 R. R. S. (1943), if the hearing Examiner, or superintendent, or designee deems it advisable. Witnesses shall be present only while they are giving testimony. The Hearing Examiner may exclude the student at times when the student’s psychological evaluation or emotional problems are being discussed and may exclude anyone from the hearing when his or her actions substantially disrupt an orderly hearing. The student may speak in his or her own defense and may be questioned on his or her testimony, but he or she may choose not to testify and in such case, shall not be threatened with punishment or be later punished for refusal to testify. During the hearing, the principal shall present to the Hearing Examiner the student’s records, and statements, in affidavit form, of any person having information about the students conduct. However, such records and statements will not be accepted by the Hearing Examiner unless, they had been made available to the student, or the student’s parent or guardian or representative prior to the hearing. Nothing in this section shall be deemed to supplant any other procedures required by law or board policy. Such explanation and interpretation as desired by the hearing officer pertaining to student records shall be made prior to or at the hearing by appropriate school personnel. (4) Long Term Suspension, Expulsion, Mandatory Reassignment The hearing officer shall make reasonable efforts to compel the attendance or any witness requested by the student, his or her parent, guardian or representative. The hearing officer may invoke the subpoena procedures of the district and shall in his or her sole discretion issue a subpoena in the name of the Board of Education upon reasonable advance request in writing by the student, parent, guardian or representative seeking the assistance of the hearing officer in obtaining the attendance of a witness or witnesses. (5) Hearing Examiner’s Report and Superintendent’s Determination After the hearing is concluded, the Hearing Examiner shall within a reasonable time prepare a report of his or her findings with a recommendation of the action to be taken and the reasons for the recommendations of that particular action. The Hearing Examiner’s recommendation may range from no action, through the entire field of counseling, to long term suspension, expulsion, or mandatory reassignment. The superintendent, or designee shall review the examiner’s report and may change, revoke, or impose the sanction recommended by the Hearing Examiner as long as the superintendent, or designee does not impose a sanction more severe than that recommended by the Hearing Examiner. Written notice of the findings and recommendations of the Hearing Examiner and the determination of the superintendent, or designee shall be made by certified or registered mail or by personal delivery to the student or the student’s parent or guardian and upon receipt of such written notice, the determination of the superintendent, or designee shall take effect immediately. (6) Appeal of the Superintendent’s Determination The student or the student’s parent or guardian may appeal the superintendent’s C. Hearing Procedures for Hearing Requested After 5 Days But Within 30 Days If the student or the student’s parent or guardian requests a hearing more than five (5) school days but not more than thirty (30) calendar days following actual receipt of written notice, the hearing shall be held, but the imposed punishment shall continue in effect pending final determination, subject to the exceptions provided in the immediately following subsection. VI. Immediate Removal by the Principal The principal may suspend a student immediately, regardless of the fact that a hearing was requested within five (5) days of notice of expulsion or long-term suspension by the school, if the principal determines that such immediate suspension is necessary to prevent or substantially reduce the risk of: (a) interference with an educational function or school purpose, or (b) personal injury to the student, other students, school employees, or school volunteers. Although the preferable practice is that the principal make such determination in writing, nothing in this policy shall so require. If no hearing is requested, the immediate suspension will continue until the date the long term suspension, expulsion, or mandatory reassignment takes effect. If a hearing is requested, the suspension will continue until the date the Hearing Examiner files the report of his or her findings with the superintendent, if the principal has made a determination as above described. VII. Maximum Length of Expulsion A. In General Except as herein otherwise provided, the expulsion of a student shall be for a period not to exceed the remainder of the semester in which the expulsion took effect. However, if the misconduct occurred within ten (10) school days prior to the end of the first semester, the expulsion may remain in effect through the second semester. If the misconduct occurred within ten (10) school days prior to the end of the second semester, the expulsion may remain in effect for summer school and for the first semester of the following year. B. Expulsion for Causing Personal Injury or For Possessing a Dangerous Weapon If a student is expelled for the use of force, or causing or attempting to cause personal injury to another individual, or for knowingly and intentionally possessing or transmitting a firearm or a dangerous weapon, the expulsion shall be for a period not to exceed the remainder of the school year in which it took effect if the misconduct occurs during the first semester. If the expulsion takes place during the second semester, the expulsion shall remain in effect for summer school and may remain in effect for the first semester of the following school year. C. Automatic Review of Expulsions Which Continue During the First Semester Any expulsion that will remain in effect during the first semester of the following school year shall be automatically scheduled for review and shall be reviewed by the Hearing Examiner before the beginning of the school year. The review shall take place after the Hearing Examiner has given notice of the review to the student and the student’s parent or guardian. The review shall be limited to newly discovered evidence or evidence of changes in the student’s circumstances occurring since the original hearing. If there is no such evidence the Hearing Examiner need not provide a hearing in order to complete his or her review. The Hearing Examiner may make a recommendation that the student be readmitted for the upcoming school year. The student may be readmitted by action of the superintendent, or designee unless the School Board or Board of Education took the final action to expel the student. Under such circumstances, the student may be readmitted only by action of the board of education. VIII. Suspension of the Enforcement of Expulsion Once a student has been expelled, the school district may suspend the enforcement of such expulsion as long as such suspension does not extend beyond the end of the full semester after the semester in which the expulsion took effect. During the period of time that the expulsion is suspended, the school district may assign the student to a school, class, or program that it deems appropriate for rehabilitation of the student. This district is by this policy herewith authorized to join together with another district or districts as the superintendent, or designee may decide in providing such rehabilitation. This district may, by agreement with another district, send its suspended or expelled students to any school, class, or program operating in the other district. The rehabilitation program if offered may be a community-centered classroom and may include experiences for the student as an observer or aide in governmental functions, as an on-the-job trainee, or as a participant in specialized tutorial experiences or individually prescribed educational and counseling programs. Such programs shall include an individualized learning program to enable the student to continue academic work for credit towards graduation. If, at the end of the period of suspension of enforcement, the student has satisfactorily participated in the rehabilitation program, the district shall permit the student to return to the school of former attendance or to attend other programs offered by the district. However, if the student’s conduct has been unsatisfactory, the district shall enforce the expulsion action. If the student is reinstated, the district, by action of its superintendent, or designee, also may take action to expunge the record of the expulsion action. Nothing in this section shall be construed to require the district or the administration neither to suspend the enforcement of any expulsion nor to require the district to enter into any contract or other arrangement with another school district or districts to provide any programs as are described in this section of the policy. IX. Reports to Law Enforcement In the event the principal knows or suspects that a violation of the Nebraska Criminal Code has been violated on school property or off school property at a school function, and when such act consists of any unlawful acts described in Section 79-4.180, the principal shall notify the county sheriff as appropriate. Before making such a report, the principal shall undertake reasonable efforts to ascertain the truth or falsity of any event upon which the making of a report to law enforcement would be based. Nothing in this section shall be construed to require the reporting of any law violation by the principal except if the criminal act to be reported occurred on the school grounds of the district or during an educational function or event in which the district is involved, but off school grounds. X. Release to Peace Officers Consistent with any other lawful policy of the district, when a principal or other school official releases a minor child to a sheriff, coroner, jailer, marshal, police officer, state highway patrol officer, member of the national guard on active service by direction of the Governor during periods of emergency, or any other person with similar authority to make arrests, the principal or other school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor to such officer. The principal shall inform the parent, guardian, or responsible relative of the place to which the minor is reportedly being taken unless the minor has been taken into custody as a victim of suspected child abuse in which case, the principal or school official shall provide the authority by whom the minor has been taken into custody with the address and telephone number of the minor’s parent or guardian or other responsible relative. XI. Coordination with other District Policies Nothing in this policy shall be construed to modify any of the district’s existing policies on student privacy, student records, or policies pertaining to the district’s role in dealing with the department of social services, law enforcement officials, or other authorities who seek information from the school about a student when such knowledge is or may be privileged or private by applicable law. Legal Reference Bylaw Adopted 6/22/06 STUDENTS Suspension / Exclusion of a Handicapped Student Suspension or exclusion of a handicapped student can be considered as a change in placement and under the law and regulation requires convening an IEP meeting to determine if the actions of the handicapped student that lead to possible suspension or exclusion are caused by the student’s handicapping condition. A. Short Term (non-emergency) Suspension of a Handicapped Student A handicapped student may be suspended for one to five (1 – 5) days for minor or major infractions (as defined by the district’s Student Conduct Code) if that decision is made by the IEP Team and the team has recorded the specific use of suspension in the student’s individualized education program (IEP) prior to suspension Implementation of the one to five (1 – 5) day suspension requires that timely notice of the suspension shall be delivered within twenty-four (24) hours by any of the following methods: by registered or certified mail, return receipt requested B. Emergency Exclusion (Removal) of a Handicapped Student If in the opinion of the principal / designee, he/she has justifiable reason to believe that an IEP team meeting cannot be convened prior to exclusion because of an emergency situation, then he/she may immediately exclude the student for a period not to exceed five (5) days. An emergency situation is defined as one in which the student’s presence poses a continuing danger to persons or property or an on-going threat of disrupting the academic process. Within twenty-four (24) hours of the student’s exclusion, the principal / designee shall provide written notice to the parent or guardian and the student of the exclusion, alleged charges, and scheduled IEP meeting and specify the purpose, participants, time and place. The parent and/or guardian also shall be requested to attend the IEP meeting. The authorized form shall be used to provide written notice to the parent and/or guardian. This notice shall be delivered by either of the following methods: registered or certified mail (return receipt requested) Within the up to five (5) day exclusion period, the principal/designee shall convene the IEP team following all standard procedures as established in NDE Rule 51. The IEP team shall review the student’s program and shall determine if the handicapping condition is a precipitating factor of the inappropriate behavior. That decision shall be recorded on the IEP and that information shall be used to revise the student’s IEP to reflect (1) the need for the use of exclusion as a disciplinary tool or management strategy; and / or (2) to modify the educational program; (3) to change the educational placement and / or; (4) to indicate that the handicapping condition is not a precipitating factor and therefore the student is expected to behave in accordance with the rules established in the District’s Conduct Code. Parents shall be requested to attend the IEP meeting and shall be notified of the IEP team’s decision if they have not participated in the staffing. The principal / designee shall notify the superintendent / designee of all emergency exclusion within twenty-four (24) hours using a copy of the authorized form designed for that purpose. After the IEP and team meeting, the principal / designee shall notify the superintendent / designee of the committee’s decision(s) recorded on the authorized form designed for that purpose. Legal Reference Bylaw Adopted 6/22/06 STUDENTS The Wynot Board of Education believes that an informed, capable, well trained, and active student-body is an essential element to being successful in work and study. Legal Reference Bylaw Adopted 6/22/06 STUDENTS 1. Awards Night. Awards Night will be in the spring for middle and senior high school students. 2. Elementary awards may be given in the home rooms for attendance, and Kindergarten promotion certificates for students on the last day of their attendance. 3. Recognition. Recognition will be given for all extra curricular activity. Awards are to be given at the completion of the year. Legal Reference Bylaw Adopted 6/22/06 STUDENTS All student organizations must be approved by the administration. No organization, club, or activity shall be closed to students on the basis of religion, race, or national origin. Legal Reference Bylaw Adopted 6/22/06 STUDENTS All school athletic practices, plays, music events, etc., will not be permitted unless a supervisor or sponsor is present during the rehearsals/practices. This policy will be enforced by the superintendent, principal, and board of education. Legal Reference Bylaw Adopted 6/22/06 STUDENTS Students authorized by the school to go on sponsored trips must ride on buses both ways unless specifically approved by the administration. Students may go with his / her parents if written permission has been given by the parent to the sponsor and/or administration. 1. Out of town Trips. Out of town trips, for class or organization parties must be approved, in advance, by the Wynot Board of Education. 2. Field Trips. Field trips are left to the discretion of the individual building administrator. Legal Reference Bylaw Adopted 6/22/06 STUDENTS The Wynot Board of Education endorses the following activities: 1. Magazine Sales. The junior class is authorized to sponsor the magazine sales. Legal Reference Bylaw Adopted 6/22/06 STUDENTS The Nebraska State Legislature finds that: increased violence in schools has become a national, state, and local problem; increased violence and the threat of violence has a grave and detrimental impact on the educational process in Nebraska schools; increased violence has caused fear and concern among not only the schools and students but the public at large; firearms have contributed greatly to the increase of fear and concern among our citizens; schools have a duty to protect their students and provide an environment which promotes and provides an education in a non-threatening manner; an additional danger of firearms in schools is the risk of accidental discharge and harm to students and staff; firearms are an immediate and inherently dangerous threat to the safety and well-being of an educational setting; and the ability to confiscate and remove firearms quickly from school grounds is a legitimate and necessary tool to protect students and the educational process. Therefore, it shall be the policy of the Wynot Public Schools that pursuant to the ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965, amended March 31, 1994, that any student in grades kindergarten through grade twelve (K – 12) who brings or possess a firearm or weapon in / or to school in violation of federal or state law controlling such activities may be expelled at the discretion of the superintendent, or designee. Legal Reference Bylaw Adopted 6/22/06 STUDENTS Pupils driving cars to school are required to park them in designated areas. The cars are not to be driven during the school day, or at noon unless permission is given by the principal, or the superintendent. Student cars are not to be parked at the Industrial Technology Building unless approved by the building principal and/or the instructor. Legal Reference Bylaw Adopted 6/22/06 STUDENTS Parental Permission Sheets Parent, or guardian permission slips are important for: communication. Permission slips alert parents to the impending activity and allows them to decide whether or not to permit their children to participate in the activity; It will be the Wynot Public Schools’ policy to require a PERMISSION SHEET to be signed by the parent, or guardian and returned for all but the regularly scheduled activities. Regularly scheduled activities referred to would be athletic events, conference activities, fine arts activities, and state sponsored activities. Legal Reference Bylaw Adopted 6/22/06 STUDENTS The Wynot Board of Education endorses the following activities. 1. Physical Examination. Each student will be subject to a physical examination prior to the initial enrollment unless the parent or guardian presents a written statement objecting to such an examination. 2. Medication. No medication will be administered without having specific written permission from either / both parent and/or physician. The Wynot Board of Education does not administer / dispense aspirin to any child. 3. Immunization. Each student enrolling for the first time in the Wynot Public Schools must be immunized according to the State of Nebraska law by November 1st or sixty (60) days after enrollment in case of a transfer unless a parent or guardian of such student presents a written statement that he / she does not wish to have such child so immunized. Legal Reference Bylaw Adopted 6/22/06 STUDENTS A mission of the Wynot Public Schools is to provide curriculum, instruction, and experiences in a health-promoting school environment to instill habits of lifelong learning and health. Therefore, the Board adopts the following School Wellness Policy. 1. Goals to Promote Student Wellness The district has established the following student wellness goals that are designed to promote student wellness in a manner that the district determines to be appropriate. a. Nutrition Education. To implement a curriculum that meets or exceeds the health and The superintendent, or designee shall establish such further goals as are determined appropriate to meet the stated mission. 2. Nutrition Guidelines Nutrition guidelines have been selected by the district for all foods available in each school building during the school day with the objective of promoting student health and reducing childhood obesity. The guidelines are as follows: (1) school breakfast and lunch programs will be offered which meet or exceed the requirements of federal and state law and regulatory authorities; and (2) no foods in competition with the school lunch or breakfast program shall be sold or otherwise made available to students anywhere on school premises during the period of one-half hour prior to the serving period for breakfast and lunch and lasting until one-half hour after the serving of breakfast and lunch. The superintendent, or designee shall establish such further nutrition guidelines as are determined appropriate to meet the stated mission. 3. Assurance for Reimbursable School Meals The district gives the assurance that the district’s guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary of Agriculture pursuant to subsections (a) and (b) of section 10 of the Child Nutrition Act (42 U.S.C. 1779) and sections 9(f)(1) and 17(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)(1), 1766(a)), as those regulations and guidance apply to the district. 4. Plan for Measuring Implementation and Designation of Responsible Persons The superintendent, or designee is charged with operational responsibility for ensuring that the school meets the Wellness Policy. The superintendent, or designee shall measure implementation of the Wellness Policy by conducting periodic review or receiving periodic reports. 5. Development of Policy The district assures that development of the Wellness Policy involved parents, students, representative of the district’s nutrition services department, the school board, school administrators, and the public. Legal Reference The Child Nutrition and WIC Reauthorization Act of 2004, 42 U.S.C. 1751; Regulations and Procedures for Accreditation of Schools, NDE Rule 10; National School Lunch Program, 42 U.S.C. §§1751-1760, 1770; 7 CFR § 210. Bylaw Adopted 6/22/06 STUDENTS 1. Notification. If any student develops symptoms of illness or is injured at school, the parent / guardian, or some person designated on the pupil’s enrollment card by the parent, shall be notified immediately 2. If it is deemed advisable by the school principal, such persons shall be requested to come to the school to pick up that child. If that is not possible, or if no parent can be contacted, such child shall be sent to the health room to rest until the parent/guardian is located. Legal Reference Bylaw Adopted 6/22/06 |
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