For the purposes of this Regulation, harassment because of the disability of a student consists of

verbal or physical conduct relating to an individual’s physical or mental impairment when:

1. The harassing conduct is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, or abusive educational environment;

2. The harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or

3. The harassing conduct otherwise adversely and substantially affects an individual’s learning opportunities.

Examples of conduct which may constitute harassment because of disability include:

graffiti containing offensive language which is derogatory to others because of their physical or mental disability;

threatening or intimidating conduct directed at another because of the other’s physical or mental disability;

jokes, rumors, or name-calling based upon an individual’s physical or mental disability;

slurs, negative stereotypes, and hostile acts which are based upon another’s physical or mental disability;

graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes;

a physical act of aggression or assault upon another because of, or in a manner reasonably related to, an individual’s physical or mental disability;

other kinds of aggressive conduct such as theft or damage to property which is motivated by an individual’s physical or mental disability.

For purposes of this Regulation, gender harassment of a student consists of verbal or physical conduct relating to an individual’s gender when:

1. The harassing conduct is sufficiently persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, or abusive educational environment; or

Regulation 2130

Page 5

2. The harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance; or

3. The harassing conduct otherwise substantially and adversely affects an individual’s learning opportunities.

Examples of conduct which may constitute harassment because of gender include:

graffiti containing offensive language;

name-calling, jokes, or rumors;

threatening or intimidating conduct directed at another because of the other’s gender;

notes or cartoons;

slurs, negative stereotypes, and hostile acts which are based upon another’s gender; written or graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes;

a physical act of aggression or assault upon another because of, or in a manner reasonably related to gender;

other kinds of aggressive conduct such as theft or damage to property which is motivated by gender.

Any student who believes he or she has been the victim of sexual harassment or harassment/discrimination based on race, color, sex, national origin, age, ethnicity, disability, sexual orientation, or perceived sexual orientation by a student, teacher, administrator, or other school personnel of the School District, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extracurricular activities, under the auspices of the School District, is encouraged to immediately report the alleged acts to an appropriate District official designated by this Regulation.

Any teacher, administrator, or other school official who has or receives notice that a student has or may have been the victim of unlawful discrimination, sexual harassment or harassment based on race, color, sex, national origin, age, ethnicity, disability, sexual orientation, or perceived sexual orientation by a student, teacher, administrator, or other school personnel of the District, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extracurricular activities, under the auspices of the District, is required to immediately report the alleged acts to an appropriate District official designated by this Regulation.

Regulation 2130

Any other person with knowledge or belief that a student has or may have been the victim of unlawful discrimination, sexual harassment or harassment based on race, sex, color, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation as set forth above, is encouraged to immediately report the alleged acts to an appropriate District official designated by this Regulation.

The School District encourages the reporting party or complainant to use the report form available from the principal of each building or available from the School District office, but oral reports shall be considered complaints as well. Use of formal reporting forms is not mandated. Nothing in this Regulation shall prevent any person from reporting harassment directly to the Compliance Officer or to the Superintendent. The District will respond to male and female students’ complaints of discrimination and harassment promptly, appropriately, and with the same degree of seriousness.

1. In each school building, the building principal is the person responsible for receiving oral or written reports of discrimination, sexual harassment, or harassment based on race, sex, color, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation at the building level. Any adult School District personnel who receives a report of discrimination, sexual harassment, or harassment based on race, sex, color, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation shall inform the building principal immediately..

Upon receipt of a report, the principal must notify the District Compliance Officer immediately, without screening or investigating the report. The principal may request but may not insist upon a written complaint. A written statement of the facts alleged will be forwarded as soon as practicable by the principal to the Compliance Officer. If the report was given verbally, the principal shall personally reduce it to written form within twenty-four (24) hours and forward it to the Compliance Officer. Failure to forward any harassment report or complaint as provided herein will result in disciplinary action against the principal. If the complaint involves the building principal, the complaint shall be made or filed directly with the Superintendent or the District Compliance Officer by the reporting party or the complainant.

2. The School Board has designated Susan Raetz as the District Compliance Officer with responsibility to identify, prevent, and remedy unlawful discipline and harassment. The District Compliance Officer shall:

receive reports or complaints of unlawful discrimination, sexual harassment, or harassment based on race, sex, color, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation;

Regulation 2130

Page 7

oversee the investigative process;

be responsible for assessing the training needs of the District’s staff and students in connection with the dissemination, comprehension, and compliance with this Regulation;

arrange for necessary training required for compliance with this Regulation; and

insure that any investigation is conducted by an impartial investigator who has been trained in the requirements of equal educational opportunity, including harassment, and who is able to apply procedural and substantive standards which are necessary and applicable to identify unlawful harassment, recommend appropriate discipline and remedies when harassment is found, and take other appropriate action to rectify the damaging effects of any prohibited discrimination, including interim protection of the victim during the course of the investigation.

If any complaint involves a Compliance Officer, the complaint shall be filed directly with the

Superintendent.

3. The School District shall conspicuously post a notice against unlawful discrimination and harassment in each school in a place accessible to students, faculty, administrators, employees, parents, and members of the public. This notice shall include the name, mailing address, and telephone number of the Compliance Officer, the name, mailing address, and telephone number of the Missouri Commission for Human Rights, the state agency responsible for investigating allegations of discrimination in educational opportunities, and the mailing address and telephone number of the United States Department of Education, Office for Civil Rights, and the United States Department of Justice.

4. A copy of Policy 2130 shall appear in the student handbook and the Regulation shall be made available upon request of parents, students, and other interested parties.

5. The School Board will develop a method of discussing this Regulation with students and employees. Training on the requirements of nondiscrimination and the appropriate responses to issues of harassment will be provided to all school personnel on an annual basis, and at such other times as the School Board in consultation with the District Compliance Officer determines is necessary or appropriate.

6. This Regulation shall be reviewed at least annually for compliance with state and federal law.

7. The District will respect the privacy of the complainant, the individuals against whom the complaint is filed, and the witnesses as much as possible, consistent with the District’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations.

Regulation 2130

Upon receipt of a report or complaint alleging unlawful discrimination, sexual harassment, or harassment based upon race, color, sex, national origin, age, ethnicity, disability, sexual orientation, or perceived sexual orientation, the Compliance Officer shall immediately undertake or authorize an investigation. That investigation may be conducted by District officials or by a third party designated by the District.

The investigation may consist of personal interviews with the complainant, the individual against whom the complaint is filed, and others who have knowledge of the alleged incident or circumstances giving rise to the complaint. The investigation may also consist of the evaluation of any other information or documents, which may be relevant to the particular allegations.

In determining whether the alleged conduct constitutes a violation of this Regulation, the School District shall consider:

the nature of the behavior;

victim’s statements;

 

how often the conduct occurred;

mandatory written witness statements or interview summaries;

 

whether there were past incidents or past continuing patterns of behavior;

opportunity for the complainant to present witnesses and provide evidence;

evaluation of all relevant information and documentation relating to the complaint of discrimination or harassment;

 

the relationship between the parties involved;

 

the race, color, sex, national origin, age, ethnicity, sex, and age, disability, sexual orientation or perceived sexual orientation of the victim;

 

the identity of the perpetrator, including whether the perpetrator was in a position of power over the student allegedly subjected to harassment;

 

the number of alleged harassers;

 

the age of the alleged harassers;

 

where the harassment occurred;

 

Regulation 2130

Page 9

 

whether there have been other incidents in the school involving the same or other students;

 

whether the conduct adversely affected the student's education or educational environment;

the context in which the alleged incidents occurred.

Whether a particular action or incident constitutes a violation of this Regulation requires a determination based on all the facts surrounding the circumstances.

The investigation shall be completed no later than fourteen (14) days from receipt of the report. The District Compliance Officer shall make a written report to the Superintendent upon completion of the investigation. If the complaint involves the Superintendent, the report may be filed directly with the School Board. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this Regulation. The District Compliance Officer’s obligation to conduct this investigation shall not be extinguished by the fact that a criminal investigation involving the same or similar allegations is also pending or has been concluded.

1. Upon receipt of a report that a violation has occurred, the District will take prompt, appropriate formal or informal action to address, and where appropriate, remediate the violation. Appropriate actions may include, but are not limited to, counseling, awareness training, parent-teacher conferences, warning, suspension, exclusion, expulsion, transfer, remediation, or discharge. District action taken for violation of this Regulation shall be consistent with the requirements of applicable collective bargaining agreements, state and federal law, and District policies for violations of a similar nature of similar degree of severity. In determining what is an appropriate response to a finding that harassment in violation of this Regulation has occurred, the District shall consider:

what response is most likely to end any ongoing harassment;

whether a particular response is likely to deter similar future conduct by the harasser or others;

the amount and kind of harm suffered by the victim of the harassment;

the identity of the party who engaged in the harassing conduct.

whether the harassment was engaged in by school personnel, and if so, the District will also consider how it can best remediate the effects of the harassment.

 

 

Regulation 2130

Page 10

In the event that the evidence suggests that the harassment at issue is also a crime in violation of a Missouri criminal statute, the Board shall also direct the District Compliance Officer to report the results of the investigation to the appropriate law enforcement agency charged with responsibility for handling such crimes.

2. The results of the District’s investigation of each complaint filed under these procedures will be reported in writing to the complainant and other parties by the District in accordance with state and federal laws regarding data or records privacy, and consistent with the privacy rights of the alleged harasser.

3. If the District's evaluation of a complaint of harassment results in a conclusion that an individual has engaged in unlawful discrimination or harassment in violation of this Regulation, or that school personnel have failed to report harassment as required herein, that individual may appeal this determination by use of established School Board procedures for appealing other adverse personnel and/or education-related actions. If the District's evaluation of a complaint of harassment results in a conclusion that no unlawful harassment has occurred, an individual who was allegedly subjected to harassment and believes that this conclusion is erroneous may appeal this determination by use of established School Board procedures for appealing other adverse personnel and/or education-related actions. (See Regulation 1310, page 3). An individual who was allegedly subjected to unlawful discrimination or harassment may also file a complaint with the Missouri Commission for Human Rights, the United States Department of Education, Office for Civil Rights, or the United States Department of Justice. In addition, such individual may choose to file suit in the United States District Court or the State Circuit Court.

4. Copies of all complaints of harassment and the investigations conducted pursuant to them shall be maintained at the main administrative offices of the School District.

Submission of a good faith complaint or report of unlawful discrimination, sexual harassment, or harassment based upon race, sex, color, disability, national origin, ethnicity or sexual orientation will not affect the complainant or reporter’s future employment, grades, learning, or working environment, or work assignments.

The School District will discipline or take appropriate action against any student, teacher, administrator, or other school personnel who retaliates against any person who reports an incident of alleged harassment/discrimination, sexual, racial, ethnic, sexual orientation discrimination, disability-related harassment or violence, or any person who testifies, assists, or participates in a proceeding, investigation, or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.

Complainant: _________________________________________________________________

Home Address: _______________________________________________________________

Work Address: _______________________________________________________________

Home Phone: _________________________________________________________________

Work Phone: _________________________________________________________________

Date of Alleged Incident(s): _____________________________________________________

Did the incidents involve: sexual harassment, racial harassment/discrimination, harassment/discrimination because of national origin or ethnicity, harassment/discrimination because of disability. (circle all that apply).

Name of person you believe harassed or discriminated against you or another person:

______________________________________________________________________________

If the alleged harassment/discrimination was toward another person, identify that other person: ______________________________________________________________________________

Describe the incident as clearly as possible, including such things as what force, if any, was used, any verbal statements (i.e. threats, requests, demands, etc.), what, if any physical contact was involved. Attach additional pages as necessary.

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Form 2130

When and where did the incident occur? ____________________________________________

______________________________________________________________________________

List any witnesses who were present: _______________________________________________

______________________________________________________________________________

This complaint is based upon my honest belief that ____________________________________

has harassed/discriminated against me or another person. I hereby certify that the information I have provided in this complaint is true, correct, and complete to the best of my knowledge.

__________________________________________

Complainant’s Signature

__________________________________________

Date

Received By

__________________________________________

Date Received

The Superintendent/designee is responsible for ensuring that all pre-registration residency, waiver requests, and prior discipline forms are completed and maintained as District records.

A student may only register in the District if the student provides proof of residency or if the student or parent/guardian requests a waiver from the Board of Education on the basis of hardship or good sense. A Residency Enrollment Checklist (Form 2230) and Affidavit Regarding Prior Discipline (Form 2230.2) will be completed at the time of enrollment. If the Superintendent has reason to suspect that the admission of a student will create an immediate danger to the safety of others, a hearing will be convened within five (5) working days of the request to register. At the hearing, the District will determine whether the student may enroll. (See Regulation 2664 – Enrollment or Return Following Suspension and/or Expulsion.)

Students or parents/guardians seeking a waiver of the District’s residency requirement must complete and submit to the Superintendent a Request for Waiver of Proof of Residency (Form 2230.1) stating the reasons for which the waiver is requested. If a waiver is requested, the Board of Education, or a committee of the Board appointed by the Board President, must convene a hearing no later than forty-five (45) days after the request for waiver is filed with the Superintendent. If the District fails to convene a timely hearing, the request for waiver is automatically granted. Following the hearing, the Board will provide written notice of its decision and the reasons for its approval or denial of the waiver request.

In considering whether a waiver to residency should be granted, the presumption that a student's domicile is in the home of the student's parent/guardian is not conclusive. Students residing within the District, but not within the domicile of their parent/guardian, will be considered residents of the District if they reside within the District for reasons other than solely to attend District schools.

Within two (2) business days of enrolling a new student, the Superintendent/designee will request copies of the new student’s transfer and discipline records from all schools in which the new student attended at any time within a twelve (12) month period preceding enrollment in the District. In addition, parents/guardians of students new to the District will be required to complete and sign the Affidavit Regarding Prior Discipline informing the District of suspensions or expulsions incurred at schools previously attended.

Regulation 2230

However, as provided in Policy and Regulation 2664 – Enrollment or Return Following Suspension and/or Expulsion, no student will be enrolled who has been convicted of or charged without final adjudication of the following criminal acts or the corresponding juvenile offenses:

First degree murder.

Second degree murder.

First degree assault.

Forcible rape.

Forcible sodomy.

Robbery in the first degree.

Distribution of drugs to a minor.

Arson in the first degree.

Kidnapping (Class A felony).

Statutory rape.

Statutory sodomy.

This provision does not apply to a disabled student who is convicted or adjudicated guilty as a result of conduct related to the student's disability.

I hereby certify as follows:

I, , am the parent/guardian of

Parent/Guardian

, a student seeking to register in the

Student

Seymour R-II School District, and am legally authorized to make educational decisions for the

Student.

I further certify as follows: (Check one category, and provide all additional information requested under the category checked. WARNING: Under Missouri law, any person who knowingly submits false information with respect to the following questions, any subparts thereto, or the documents provided to support the responses to such questions, may be charged with and convicted of a Class A misdemeanor).

I am a legal resident of the Seymour R-II School District.

I reside and am legally domiciled (have my permanent home) at the following address:

Street

City, State, Zip

I, , am parent/guardian of

Parent/Guardian

, a student seeking to register in

Student

the Seymour R-II School District, and am legally authorized to make educational decisions for the Student, OR

I, , am a student seeking to register in

Student

the Seymour R-II School District.

The Student is not a legal resident of the District because the Student's parent/guardian does not physically reside in the District and or is not domiciled (i.e., physical presence with intent to remain) in the District.

I am requesting that the Board of Education waive the requirement that the Student establish proof of residency on the basis of hardship or good cause.

I am requesting the waiver for the following reasons:

The student resides with me at the foregoing address, which is also the Student’s permanent home. I have provided the following document(s) to establish that I am a legal resident of the District:

(1)

(2)

(3)

(Request additional information sheet if necessary.)

The Student is not a legal resident of the District; however, I have submitted (or the student has submitted) a Request for Waiver of Residency within forty-five (45) days of the date of this Statement.

I submitted the Request for Waiver on

date

I have attached a copy of the Request for Waiver to this Statement. I understand that if the Request for Waiver is denied after the Student has been registered, the Student will no longer be eligible for enrollment in the District, and will be required to withdraw from school immediately following denial of the Waiver.

I hereby certify that all information I have provided in this Statement is true, accurate, and complete to the best of my knowledge.

I understand that if I have provided any false information in this Statement, or in the documents submitted in support of this Statement, that I may be charged with and convicted of a Class A misdemeanor.

I also understand that if I have provided false information in this Statement, or in the documents submitted in support of this Statement, the District may file a civil action against me to recover the costs of school attendance for the Student.

Signature of Parent/Guardian Date

I understand that the Board of Education will convene a hearing within forty-five (45) days after this Request is submitted, and that I may attend the hearing and present information in support of the Request. (NOTE: If the parent/guardian requests waiver, the Student is also entitled to attend the hearing).

I also understand that if the Request for Waiver is denied, the Student will not be eligible to register for and attend classes in the District, and if already enrolled in the District, the Student will be required to withdraw from District schools immediately after such denial.

I further understand that if the Request for Waiver is denied, I may appeal the decision of the Board of Education to the circuit court for the county in which the District is located.

Signature of Parent/Guardian Date

I, having been duly sworn upon my oath,

Parent/Guardian

or having affirmed that I will tell the truth, do hereby state and depose as follows: I am the

parent/guardian, or other person having custody or charge of ____________________________,

a student seeking to enroll in Student Seymour R-II School District, and am legally authorized

to make educational decisions for the Student.

I hereby certify as follows: (Check one, and provide all additional information requested. WARNING: Under Missouri law, the failure to provide true, accurate, and complete information to each and every question and subpart thereto may result in your being charged with and convicted of a Class B misdemeanor.)

The Student has never been suspended or expelled from any school in this state or any other state for any offense relating to weapons, alcohol or drugs, or for the willful infliction of injury to another student.

The Student has been suspended and/or expelled from school in this state or another state for one or more offenses relating to weapons, alcohol or drugs, or for the willful infliction of injury to another student.

For each and every suspension and/or expulsion, provide the following information: (Request additional information sheets, if necessary)

1. Name and Address of School District.

2. Name of School.

3. Nature of Offense.

4. Date of Offense.

5. Date Suspension/Expulsion Began.

6. Date Suspension/Expulsion Ended/Is Scheduled to End.

Regulation 2230

Page 7

I hereby certify that I have provided true, complete, and accurate information for each and every suspension and/or expulsion imposed upon the Student for each and every offense relating to weapons, alcohol or drugs, or for the willful infliction of injury to another student.

I hereby swear or affirm that all information I have provided in this document is true, accurate, and complete to the best of my knowledge.

I understand that if I have provided any false information in this document that I may be charged with and convicted of a Class B misdemeanor.

I also understand that this registration document will be maintained a part of the Student's permanent scholastic record.

Signature of Parent/Guardian Date

STATE OF MISSOURI )

) SS

COUNTY OF )

On this th day of 19 , before me appeared to me personally known, who, being by me duly sworn, did say that he/she executed the foregoing instrument and acknowledged said instrument to be his/her free act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written.

Notary Public

My commission expires:

The following students who are not residents of the District may enroll without payment of tuition:

1. Orphaned children or children with only one living parent.

2. Children whose parents/guardians do not contribute to the support of the child.

3. Children who participate in an American Field Service or similar foreign exchange program subject to District approval and provided that the student resides in the home of a District resident.

4. Children whose parent/guardian owns real property within the District, but who reside outside of District boundaries. Such children may attend school upon payment of tuition, which will be reduced by the amount of real estate tax paid by the child’s parent/guardian for School District purposes.

5. Children whose parents/guardians own and reside upon property at least eighty (80) acres of which are used for agricultural purpose provided at least thirty-five percent (35%) of the property is within the District.

6. Inter-district desegregation students.

7. Students of District teachers or regular District employees.

8. Homeless students.

9. Wards of the state.

10. Students placed in a residential care facility.

11. Students attending regional or cooperative alternative education programs.

12. Students from unaccredited districts.

The administration may investigate the eligibility of children attending schools under the provisions of this regulation.

This regulation sets forth the procedural requirements for admission of foreign exchange visitor students to the District.

1. Foreign Exchange Students will be accepted upon approval of the local Board of Education. Considerations will be made on a space-available basis with no more than two foreign students placed in the high school at one time.

2. The sponsoring organization shall not place a student in the high school without first contacting the principal and obtaining his/her approval for the admission of the student.

 

3. Placement, transition, orientation, and appropriate records including health, accident, and liability insurance and other such information / records will be coordinated through the building principal.

4. Representatives of the foreign exchange program must provide active supervision and support to their participating students including responsibility for resolving problems including, if necessary, the changing of host families and the early return home of the exchange student because of personal or family difficulties.

5. The host family should be familiar with, and transmit to the school, information about the student's interests and general behavior, and provide the student's school record in English or translatable, form.

6. The foreign exchange student must abide by the rules and regulations of the high school regarding attendance, discipline, school work etc.

7. Diplomas may be issued to exchange students when both the District graduation requirements and the student's home school requirements have been met. Students are entitled to participate in all senior activities, including the graduation ceremony, with or without the diploma.

8. District students should be recommended by the local units of exchange visitor programs for reciprocal privileges and responsibilities.

 

For purposes of Board policies and regulations "homeless students" include students under age twenty one (21) who lack a fixed, regular and adequate nighttime residence and includes students who have a primary nighttime residence that is:

1. A supervised shelter designed to provide temporary living accommodations.

2. An institution that provides a temporary residence for individuals intended to be institutionalized.

3. Transitional housing for less than one (1) full year.

4. A public or private place not designed for, or ordinarily used as, a regular sleeping area for people, including, but not limited to cars, tents and abandoned buildings.

 

The Board of Education has appointed Helen Ireland as coordinator of programs for homeless students. The responsibilities of the coordinator will include but not be limited to:

1. Establishing practices designed to ensure the school enrollment and success of homeless students.

2. Ensure that homeless students and their families have access to educational services including Head Start, Even Start and other preschool programs administered by the District.

3. Ensure that referrals are made to health care, dental, mental health and other appropriate services.

4. Ensure that the school records of homeless students are transferred in a timely fashion.

5. Ensure that homeless students are not isolated or stigmatized because of their status as homeless.

6. Ensure that disputes over the placement of homeless students are resolved in a timely manner.

All school personnel, District service providers and locally known homeless advocates will be informed of the identity of the Coordinator and the Coordinator duties

Complaint Resolution

Any homeless student or their parent/guardian may file a complaint regarding placement or access to educational programs by submitting a written complaint to the Coordinator of Homeless Programs. If the coordinator is unable to resolve the complaint within five (5) school days, unresolved complaints will be forwarded to the Superintendent who will meet with the Complainant upon request. Within five (5) school days of this meeting or within five (5) school days of rejection of such meeting, the Superintendent will prepare and forward a written decision. Thereafter, the Complainant may appeal to the Board of education within five (5) school days of receipt of the Superintendent’s decision. Thereafter, the complainant may forward the complaint to DESE’s Director of Federal Grants.

Homeless students may be enrolled in school twenty-four (24) hours prior to receiving their immunization records.

Copies of the Board of Education’s Policy on Homeless Students will be presented to the County Welfare Office, County Office of the Division of Employment Security; the Juvenile Officer and to local law enforcement authorities.

Homeless students will be identified by referrals from community organizations and by review of the District’s enrollment form.

For purposes of Board policies and regulations, the phrase "migratory student" shall mean students aged three (3) through twenty one (21), who are or whose parents/guardians or spouses are migratory agricultural workers, including migratory dairy workers or migratory fishers and who in the preceding thirty six (36) months, in order to obtain, or accompany such parents/guardians or spouses in obtaining temporary or seasonal employment in agriculture or fishing work has moved from one School District to another.

The District will identify migrant students by including a question on the District’s enrollment form. If it is indicated that a migrant student is enrolling, the parents will then be asked to complete a parent survey/family interview form provided by the State Office for Migrant-English Language Learner (MELL) Program. The Regional Migrant Center or the State Director for Migrant Education will be notified of any migrant students who are enrolled in the District. The Regional Migrant Center will be contacted for any assistance needed for the migrant student(s).

School District personnel including secretaries, nurses, counselors, teachers and principals will be advised of the presence of eligible migrant students in their assigned schools to ensure that equal access to all school programs is provided. Complaints concerning the placement of migrant students will be resolved by means of the District’s complaint resolution procedure for homeless students.

STUDENTS Regulation 2310

The Board of Education has established the following rules and regulations regarding attendance, absences and excuses for students. These rules and regulations are intended to comply with Missouri Compulsory Attendance Law (167.031 RSMo.) which establishes compulsory attendance for all children between the ages of seven and sixteen unless their education is provided by other acceptable means or otherwise excusable under the law.

Research by leading educational institutions reveals that students who are absent or tardy to class tend to have lower grade averages, even though they may have above average intelligence. Students who have good attendance generally achieve higher grades, enjoy school more and are much more attractive to prospective employers after leaving high school. Frequent absences of students from regular classroom learning experiences disrupt the continuity of the instructional process for everyone. The benefit of regular classroom instruction is lost and can not be entirely regained even by extra after-school instruction.

The following are the procedures for administering the attendance policy:

1. All absences are recorded hourly.

2. All students who arrive at school after classes begin in the morning must check into the office to obtain an admission to class regardless of what time of the school day or the reason for being absent.

3. All students leaving the school during the school day must check out through the Office.

In case of absence, it is the responsibility of the parent/guardian to notify the school. If the school is not notified on the day of absence, a note from the parent/guardian will be required on the first day of the student's return to school to confirm the absence was not a truancy or skip.

Student handbooks will outline procedures for make-up work when students are absent.

For Elementary and Middle School students attendance will be monitored closely. When a student begins having excessive absences the parents/guardian will be notified. Parents/ guardians of students need to understand that excessive absences without proper notification to the school may result in educational neglect. Excessive absences, excused or unexcused, have a detrimental effect upon academic progress and may be one factor considered in promotion/ retention decisions.

Regulation 2310

A student shall be allowed a maximum of eight (8) absences from any class during a semester. Students who accumulate in excess of eight (8) days in any class are subject to loss of credit for that class. (Days of student suspension are not counted as days absent for purposes of this policy.)

When unusual or extreme circumstances occur, exceptions to this stated policy will be made only by administrative discretion and/or the attendance committee on an individual basis. Students with extenuating circumstances such as medical condition or an accident will be placed on a 504 accommodation plan or homebound instruction.

Any absence from class as a result of a school-sanctioned activity is not recorded as an absence for purposes of this policy. Example: field trip, athletic event, student activity, etc. It is the student's responsibility to remind all of his/her teachers following a school-sanctioned absence to avoid the absence being reported incorrectly.

A student is expected to make up work as a result of class periods missed. It shall be the student's responsibility to meet with the teacher and receive the necessary instructions and assignments.

Any exceptions to the items cited above shall be approved by the Board of Education.

Each building principal may have written guidelines and handbooks which further detail procedures for making up work, reporting absences, etc.

The School District recognizes the need of some students to attend school on a part-time basis. The Board of Education has established the following regulations regarding part-time attendance

with the intent to meet the individual needs of each student and at the same time establish rules and regulations which will preserve the discipline, health, and academic standards of the school.

1. The student must have parent/guardian approval if under 18 years of age.

2. The student must demonstrate a definite need to attend school on a part-time basis. Examples are: a) financial needs of student or family, b) health problems of self or family, c) vocational training in school or on the job, d) enrollment in a school of higher education, and e) unique curriculum offerings.

The student must secure an appointment with the guidance counselor or school principal prior to classification as a part-time student. The student must complete a part-time attendance request form at the conference. Before any decision is given concerning the request, a conference must be held with the student's parent/guardian if the student is under 18 years of age.

All applications and conferences must be completed during the time preceding the semester in which the student is to be enrolled on a part-time basis.

After an application has been submitted, the principal shall rule on the request and report to the Superintendent the names of all students who are to be enrolled on a part-time basis. This same report shall be transmitted to the Board of Education.

In the event the principal denies the request, the student may appeal to the Superintendent who must respond in a reasonable time. If the student is not satisfied with the decision of the Superintendent, an appeal may be made to the Board of Education with the appeal to be heard at the next meeting of the Board.

The student must renew the request for part-time attendance status each semester. Parental conference will not be required for renewal; however, the parent/guardian will be notified of the student's continued part-time enrollment status. Part-time students are governed by the same rules and regulations that apply to regularly enrolled students.

The following procedures apply:

1. The building principal or designee shall not excuse a student before the end of the school day without a request for early dismissal by the student's parent/guardian.

2. Requests shall be in writing. Telephone requests for early dismissal of a student shall be honored only if the caller can be positively identified as the student's parent/guardian.

3. Children of single-parent families will be released only upon the request of the custodial parent; i.e., the parent whom the court holds directly responsible for the child, and who is identified as such on the school record.

Additional precautions may be taken by the school administration, appropriate to the age of students, and as needs arise. Students shall not be permitted to answer any personal phone calls, except those from the parent/guardian or other persons having legal custody of said pupils. Emergency messages will be delivered to the students.

1. Section 210.1 15.R.S.Mo. mandates certain professionals to report to the Division of Family Services when they have reasonable cause to suspect that a child is being subjected to home conditions which contribute to school non-attendance. Along with other professionals mentioned, the law specifically mentions "teacher, principal or other school official" as well as "nurse" and "social worker."

2. School employees who suspect that a child is subject to educational neglect shall report this as soon as possible to the principal (designee).

3. The principal (designee) shall review the report and confer with the parent/guardian to resolve the situation. When appropriate, a school counselor, social worker, or nurse may be instructed to offer appropriate social or health services which may be needed to intervene in the family circumstances.

4. If appropriate school intervention does not correct the student's truancy, and reasonable cause for educational neglect has been determined, the principal (designee) shall call the HOTLINE of the Division of Family Services and report the alleged child educational neglect.

5. A report of this call shall be forwarded to the Superintendent or Central Office.

1. Directory information means information contained in the educational record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. Directory information, under this policy, includes, but is not limited to, the student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous school attended, and photographs.

2. Educational record means those records that are directly related to a student and are maintained by the District.

3. Disclosure means to permit access to or the release, transfer, or other communication of education records, or the personally identifiable information contained in those records, to any party, by any means, including oral, written or electronic means.

4. Eligible student means a student who has reached 18 years of age or attends an institution of post-secondary education.

5. Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent/guardian in the absence of a parent/guardian.

6. Personally identifiable information includes, but is not limited to the student's name; the name of the student's parent/guardian or other family member; the address of the student or student's family; a personal identifier, such as the student's social security number or student number; a list of personal characteristics that would make the student's identity easily traceable, or other information that would make the student's identity easily traceable.

7. Student means any individual who is or has been in attendance in the District and about whom the District maintains education records.

1. The District shall give full rights under this regulation to either parent/guardian of a student, unless the District is provided with a court order, state law or other legally binding document that specifically revokes the parent/guardian's rights to access under this regulation.

2. When a student reaches the age of 18, or attends a post-secondary institution of education parent/guardian rights under this policy will transfer from the parent/guardian to the student.

3. The District will annually disseminate a notice of the rights available under this regulation to parent/guardian and eligible students. The annual notification will include a statement that the parent/guardian or eligible student is entitled:

a. To inspect and review the student's educational records.

b. To request changes to the educational records to ensure that the records are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights.

c. To consent to disclosures of personally identifiable information contained in the student's educational records, except to the extent that federal and state law authorize disclosure without such consent; and

d. To obtain a copy of this policy and guidelines.

The annual notification will also inform parents/guardians and eligible students where copies of the policy and guidelines are located.

4. Prior to making directory information public, the District will notify the parent/guardian regarding the categories of information that it has designated as directory. In addition, the District will allow a reasonable period of time after such notice for the parent/guardian or eligible student to inform the District that any or all of the designated directory information should not be released without the parent’s/guardian’s or eligible student’s consent.

1. The District's regulation permits parent/guardian and eligible students to inspect and review the education records of the student.

2. After a request for access to records, the District will allow access within a reasonable period of time, but in no case more than forty-five (45) days after receipt of the request. All requests for access should be directed to the building level administrator (Principal).

 

3. After the parent/guardian or eligible student has had an opportunity to inspect and review the student's educational records, the parent/guardian may make a request for explanations and interpretations of the records to the building level administrator. The District's designee shall respond to all reasonable requests for explanation or interpretation.

4. The District will not destroy any educational record if there is an outstanding request to inspect and review that record.

If a student's educational records contain information on more than one student, the parent/guardian or adult student may inspect, review or be informed of only the specific information about that student. That is, all information pertaining to another student will be redacted.

The District may employ the use of security videos in its hallways, classrooms and/or buses. Security videos maintained by the District’s law enforcement unit (if any) or not maintained at all (recycled) are not considered educational records and therefore may not be inspected and reviewed under FERPA. If security videos are maintained by the District, such videos are protected educational records under FERPA and may be viewed by parents or patrons with a court order or written permission from the parent(s) of each student to whom the video is directly related.

 

The District may disclose personally identifiable information from an educational record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent/guardian or eligible student. Each party to whom disclosure may be made under this policy must first sign a statement in which he/she agrees to abide by this provision and agrees to use the information disclosed only for the purposes for which the disclosure was made. This does not apply to disclosures of directory information or to any information that the District is required to disclose under Missouri law.

 

Copies of Educational Records

The District has no obligation to provide copies of educational records to parents, their representatives or adult students under FERPA unless failure to provide copies prevents a parent or adult student from exercising the right to inspect or review the records, or is otherwise required by law. For example, if a parent does not live within driving distance of the school district, is hospitalized, or incarcerated, he or she may have a right to copies.

 

Though the District does not generally have an obligation to provide copies under FERPA, it will nonetheless provide up to 50 pages per student, per school year, without charge. All requests for copies over 50 pages per student, per school year will be charged 50 cents per page, which must be paid for in advance.

The District will administratively consider exceptions to this policy on a case by case basis. The factors to be considered in making such an exception include but are not limited to the purpose of the copies, whether the request is overly time consuming or burdensome, and the number of prior requests. If copies are requested to be sent to an agency or individual other than the adult student or parent/legal guardian, all proper releases must be signed.

1. If a parent/guardian or eligible student believes the educational records for that student contain information that is inaccurate, misleading, or in violation of the student's rights of privacy or other rights, he/she may ask the District to amend the record. All such requests should be directed to the building level administrator (Principal).

 

Regulation 2400

Page 4

2. The District's designee, in consultation with the administration or Board of Education as needed, shall decide whether to amend the record as requested within a reasonable time after the request.

3. If the District's designee decides not to amend the record, he/she shall inform the parent/guardian or eligible student of that decision and of their right to request a hearing on the request.

4. If a hearing is requested, the District will hold the hearing within a reasonable time after it has received the request and will give the parent/guardian or eligible student reasonable advance notice of the date, time and place of the hearing. The hearing may be conducted by any individual, including an employee of the District, who does not have a direct interest in the outcome of the hearing. The District will give the parent/guardian or eligible student a full and fair opportunity to present evidence relevant to the issue(s) raised by the parent/guardian or eligible student's request. The parent/guardian or eligible student may, at their own expense, be assisted or represented at the hearing by any individual of their choice, including an attorney.

5. The District will make its decision in writing within a reasonable period of time after the hearing. The decision will be based solely on the evidence presented at the hearing, and will include a summary of the evidence and the reasons for the decision.

a. If the District decides, as a result of the hearing, that the information is inaccurate, misleading or violates the student's rights, the District shall amend the record and inform the parent/guardian or eligible student of the amendment in writing.

 

b. If the District decides, as a result of the hearing, that the information is not inaccurate, misleading, or otherwise in violation of the student's rights, the District shall inform the parent/guardian or eligible student of that decision and shall inform the parent/guardian or student of his/her right to place a statement in the record commenting on the contested information or stating why he/she disagrees with the District's decision, or both. If the parent/guardian or eligible student submits such a statement, the District will maintain that statement with the student's educational records as long as the record is maintained and will disclose the statement whenever it discloses the portion of the record to which the statement relates.

1. Before the District discloses personally identifiable information from a student's records (other than directory information), the District will obtain a signed and dated written consent from the parent/guardian or eligible student. The written consent will specify the records that may be disclosed; state the purpose of the disclosure; and identify the party or parties to whom disclosure may be made.

2. If the parent/guardian or eligible student so requests, the District will provide him/her with a copy of the records disclosed.

The District may disclose personally identifiable information from a student's educational records without the written consent of the parent/guardian or eligible student in the following basis circumstances:

1. Disclosure may be made to other school officials, including teachers, within the District whom the District has determined to have legitimate educational interests. In addition, the school official or his/her assistants who are responsible for the custody of the records and those parties authorized to audit the record keeping procedures of the District may inspect the records relating to each student without the consent of the parent/guardian or eligible student.

The District designates the building level administrator make the determination as to whether a particular school official has a legitimate educational interest in accessing a student's educational records. Before accessing any student's educational records, the school official seeking access must submit a written request to the building level administrator. The request must include the student's name, the reason for the request, the school official's name and the date of the request. The District's designee must provide in writing whether the request was granted or denied and the reason for the decision. If the request is granted, the request and the designee's decision must be maintained with the student's educational records.

2. Disclosure may be made to officials of another school district or post secondary educational institution where the student seeks or intends to enroll.

3. Disclosure may be made to authorized federal and state agencies and authorities.

4. Disclosure of acts of school violence, as set forth in Policy and Regulation 2673, may be made to District employees who are directly responsible for the student's education or who interact with the student in the performance of the employee's duties.

 

5. Disclosure related to past or potentially future violent behavior may be made to appropriate staff members of portions of any student's individualized education program team.

6. Disclosure may be made to law enforcement officials, as soon as is reasonably practicable, of the commission of the criminal acts listed in Regulation 2673.

7. In appropriate circumstances, District administrators may disclose student educational records to law enforcement and/or juvenile authorities where necessary to serve students prior to adjudication. Officials to whom such educational records are disclosed are required to comply with federal law governing students’ educational records.

Regulation 2400

8. Disclosure may be made to the appropriate division of the Juvenile Court of the suspension of more than ten (10) days of any student under court jurisdiction.

9. Disclosure of discipline records may be made within five (5) days to any requesting school district where the student seeks to enroll.

 

10. Disclosure may be made if such disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility, amount of aid, condition for the aid, or to enforce the terms and conditions of the aid.

11. Disclosure may be made to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate or administer predictive tests; administer student aid programs; or improve instruction, if the study is conducted in a way that does not permit personal identification of parent/guardian and students, and the information is destroyed when no longer needed for the purposes for which the study was conducted.

12. Disclosure may be made to accrediting organizations to carry out their accrediting functions.

13. Disclosure may be made to comply with a judicial order or lawfully issued subpoena and only after the District makes a reasonable effort to notify the parent/guardian or eligible student of the order or subpoena in advance of the compliance.

14. Disclosure may be made where the disclosure is in connection with a health or safety emergency and the information is necessary to protect the health or safety of the student or other individuals.

15. Disclosure may be made where the disclosure is of information the District has designated to be directory information.

16. Disclosure may be made to the parent/guardian of a noneligible student or to an eligible student.

17. Disclosure may be made without the written consent of the parent/guardian or eligible student as otherwise may be specified by federal or state law.

1. The District will maintain a record of each request for access to and each disclosure of personally identifiable information from the educational records of each student. The building level school counselor through the direction of the building level principal will be responsible for keeping such records of requests and disclosures.

2. The District will maintain the record of each request and disclosure with the educational records of the student as long as the records are maintained by the District.

Regulation 2400

3. For each request or disclosure, the District's record will include the parties who have requested or received personally identifiable information from educational records and the legitimate interests the parties had in requesting or obtaining the information.

4. If the District discloses personally identifiable information from an educational record under the exceptions enumerated in the section above, the District will record the names of those persons to whom that party may disclose the information on behalf of the District and the

legitimate interests which each of the additional parties has in requesting or obtaining the information.

Student health information includes information required by state law such as:

Mandated immunizations;

Health and physical assessment data;

Health screenings for vision, hearing, scoliosis or cholesterol;

Injury reports;

Incident reports of alcohol or drug use in school;

Health assessments and other evaluation reports related to eligibility for services under the IDEA and Section 504; and

Referrals for suspected child abuse.

Student health information may also include:

Records of student-initiated visits to the school health office, including assessments, interventions, and referrals;

Records of meetings between education and health professionals for planning or identifying assessment measures, recommended interventions, and student outcomes;

Records for in-school medication, including original signed orders from a physician, written consent from parent and/or guardian to administer drug, medication logs for both routine and as-needed medications;

Physicians’ orders, correspondence, evaluation reports, copies of treatment records, institutional or agency records, discharge summaries from outside health care providers or hospitals that have been released by parents to assist in planning individualized school health care or programs;

Evaluation reports or specialized assessments such as neurological tests;

Individualized emergency care plans for students with special health care needs, including routine and emergency interventions and methods for evaluating student outcomes;

Health-related goals and objectives or an Individualized Healthcare Plan or part of a student’s Individualized Education Program (IEP) for students whose health conditions affect their educational needs;

Psychologists’ or guidance counselors’ records of psychological test results, student interviews and counseling, consultations with school staff or parents, and referrals and consultation with outside counselors, therapists, psychologists or psychiatrists, all of which might be considered "mental health" records;

School social workers’ case histories, counseling notes and interviews, or their records of consultations with school staff, parents, outside counselors, therapists, psychologists or psychiatrists; and

Case notes, evaluations, and interventions by other pupil services personnel.

Regulation 2410

All information contained in a student’s health information records, except information designated as directory information by the District, shall be confidential and shall be directly accessible only to school officials who demonstrate a legitimate educational interest in the student health information and to parents/guardians or eligible students.

Interviews with students, parents or staff members concerning student health information should take place in private offices. When student health information is discussed over the telephone, calls should be made from private offices, not in the presence of other students or staff members. Discussion of confidential information related to a specific student should end whenever a third party enters the room. Records containing student health information should never be left on top of a desk, nor should confidential information be left as a message with a secretary, on voice mail or answering machines, or on an electronic mail system. When records are being typed, entered into a computer, copied or faxed, they should be protected from casual observers.

The District will comply with all state and federal law pertaining to the confidentiality of student health information.

1. Students will be promoted to the next grade level if they are meeting grade level expectations as identified by local and State Department of Education core subject objectives.

2. "Double promotions," that is, acceleration beyond the normal grade placement, may be approved for students who are working at an academic level of more than a year above placement and are sufficiently mature, socially and emotionally, to work with students of the advanced grade. Parents/guardians, teachers and administrators must agree that it is in the best interest of the student under consideration.

3. A list of those students who are not meeting grade level objectives in reading, language arts or mathematics will be given to the building principal by the October, January and March reporting periods. With respect to any student who is reported as not meeting grade level objectives in reading, language arts or mathematics:

a. The teacher, principal and counselor will meet to review the student's academic record, current test scores and work samples.

b. The parent/guardian will be notified as soon after the review as possible that retention is being considered. A meeting with the parent/guardian will be scheduled. The parent/guardian will be informed that the student is not meeting grade level objectives and will be retained in the same grade unless there is strong and positive improvement in the student's work.

c. A follow-up conference for the parent/guardian will be scheduled with the principal or the principal's designee to review the student's progress.

d. An academic program including remediation will be offered the student.

4. In recommending promotion or retention, these factors will be considered:

a. Academic achievement in all subject areas, especially attainment of grade level objectives, as determined by tests, teacher assignments, and work samples.

b. Chronological age.

Regulation 2520

c. Study Habits.

d. Attendance.

Social and emotional maturity.

State-mandated retention requirements for primary/middle school students.

5. The decision for retention will be made by the principal and the classroom teacher in accordance with the above-referenced factors, and written notification of retention will be sent to the parent/guardian.

Third grade students who cannot demonstrate a reading level at or above the third grade level will be administered a reading assessment within forty-five (45) days of the end of their third grade year.

If this assessment reflects that the student is reading below the second grade level, the District will design and implement a reading improvement plan for the student’s fourth grade year. The reading improvement plan must include a minimum of thirty (30) hours of additional reading instruction or practice outside the regular school day during the fourth grade year. In addition, the District may require the student to attend summer school for reading instruction as a condition of promotion to the fourth grade.

Within forty-five (45) days of the conclusion of the fourth grade year, the District shall administer another reading assessment to those fourth grade students for whom reading improvement plans had been designed.

If this assessment reveals that the student is reading below a third grade level, the student shall be required to attend summer school to receive supplemental reading instruction. At the conclusion of summer school, the student shall be given another reading assessment. If the student is still reading below third grade level, the student shall not be promoted to the fifth grade.

Students shall not be retained more than once on the basis of their inability to satisfy the third grade or fourth grade reading standards. However, the District may, at its discretion, retain any student with a reading improvement plan who has not completed summer school for supplemental reading instruction.

Regulation 2520

The reading assessment process shall be repeated on a yearly basis through the end of students’ sixth grade years, accompanied by a corresponding increase in the required reading level.

The reading assessment process will also be applied to students who initially enter the District in grades four, five or six and who have been determined to be reading below grade level.

The permanent record of students who are determined to be reading below the fifth grade level at the end of the sixth grade shall carry a notation stating that the student has been unable to meet the minimal reading standards. That notation will be removed from the student’s record once the District determines that he or she has met the standards.

The following students are exempt from the reading assessments:

Students receiving special education services under an Individualized Education Program (IEP) pursuant to §162.670, RSMo.

Students who are receiving special education services pursuant to Section 504 whose service plan includes an element addressing reading.

Students who have limited English proficiency.

Students who have insufficient cognitive ability to meet the reading requirements. However, a reading improvement plan shall be provided for these students in accordance with law.

Parents/guardians who wish to appeal a decision regarding a student’s retention must first contact the building principal. If parents/guardians do not accept the decision at the building level, an appeal may be made in writing to the Superintendent. All appeals must be requested within two (2) weeks after the close of school.

To graduate from Seymour High School, a student must complete (24) twenty-four units of credit during grades nine (9) through twelve (12). The program shall be cooperatively planned by the student, his or her parents/guardian and the school to meet the individual needs of the student.

The program for each high school student is a plan towards successful competition of courses of study which would enable the student to advance towards graduation at Seymour High School. The following are specific requirements in planning the program.

1. Each student must fulfill the following requirements:

a. Three credits of English (English I, II, III)

b. Three credits of Social Studies (American History, World History, ½ credit Civics & ½ credit of World Cultures)

c. Two credits of Science (Three credits of Vo-Ag may be substituted for one

credit of science)

d. Two credits of Mathematics

e. One credit each of Physical Education, Practical Arts, and Fine Arts

f. One additional credit in English, Math, Science, or Social Studies

g. Other selections may be made from other elective credits from any courses offered in the high school curriculum

h. One credit of Health

2. Each student in the ninth grade must enroll in English I, American History, Physical Science,

Consumer Math or Pre-Algebra or Algebra I or Technical Algebra.

3. Each student in the tenth grade must enroll in English II, Biology, World Cultures/Civics and an appropriate math course.

4. Each student in the eleventh grade must enroll in English III, World History.

5. Each student may earn no more than one credit per year in Physical Education.

6. Students shall be required to be enrolled and in regular attendance on a full-time basis or its equivalent (post-secondary dual enrollment) for eight (8) semesters in grades 9-12 or meet the eligibility requirements established for part-time attendance.

7. Regarding the ninth and tenth grade requirements, there may be some substituting of courses due to extenuating circumstances, subject to approval by the principal and counselor.

Regulation 2530

Page 2

In order for a graduating senior to qualify for honor cords at Seymour High School, that student must have been in attendance at Seymour High School for one full school year. The valedictorians and salutatorians shall have been classified as Seymour High School students for the last four semesters. Local scholarships are based upon students being classified as Seymour High School Students for the last four semesters.

 

9. Credit for correspondence work will be accepted toward graduation under these provisions:

a. Correspondence work completed in the extension division of accredited state-supported Colleges and Universities.

b. Correspondence work from private schools that are accredited by the North Central Association or its equivalent. Summer school credit from other accredited public high schools.

c. No more than three units of credit by correspondence work or summer school credit from another school may apply towards the requirements for graduation.

10. In order for credit from an unaccredited private school or home school to apply towards meeting the Graduation Requirements for the Seymour R-II School District, transfers from unaccredited schools must meet the guidelines of School Board Policy 2510 that includes testing, evaluation, and placement and RSMO 167.031 that relates to "home school" requirements.

11. Students may use credit attained through the credit recovery program offered by Seymour High School and/or Seymour Summer School Recovery Program to apply towards graduation only when used to attain credits that would otherwise be lost or that would have been labeled incomplete with no credit. Other summer school credit will only count above the 24 credits necessary for graduation or count as a replacement for one of the units of credit under correspondence work.

 

STUDENTS Regulation 2610

The discipline code set out in this regulation is intended to be illustrative but not an exclusive listing of acts of misconduct and the consequences for each. Misconduct which is not specifically listed in this regulation may be deemed to warrant discipline up to and including expulsion following provision of all due process procedures. In addition, the disciplinary consequence listed for each offense may be increased or decreased by the Administration or the Board of Education due to mitigating or aggravating circumstances.

Copies of this regulation as well as the District's corporal punishment policy will be provided to each student at the beginning of each school year. Copies of these documents will also be available for public inspection during normal business hours in the Superintendent's office.

The Seymour R-II Board of Education takes a position of "Zero Tolerance" to Verbal Assault including threats of violence, harassment, or intimidation to other students or staff. NO STUDENT WILL INTERFERE WITH THE LEARNING, WELFARE, OR PROPERTY OF ANOTHER. The age and maturity of the students involved may be considered in evaluating whether conduct is reckless, grossly negligent, knowing or intentional. However, such actions towards another person while on school property when substantiated will result in severe consequences.

1. Alcohol – Possession of or presence under the influence of alcohol regardless of whether the student is on school premises.

First Offense: 11-180 days out-of-school suspension, notification to law enforcement officials, and documentation in student's discipline record

Subsequent Offenses: 180 days out-of-school suspension or expulsion, notification to law enforcement officials, and documentation in student's discipline record

2. Arson – Intentionally causing or attempting to cause a fire or explosion.

First Offense: 1-180 days out-of-school suspension, restitution for damages, notification to law enforcement officials, documentation in student's discipline record

 

Subsequent Offenses: Expulsion, restitution for damages, notification to law enforcement officials, and documentation in student's discipline record

 

 

Regulation 2610

Page 2

3. Assault – (Refer to Policy and Regulation 2673 – Reporting of Violent Behavior

Assault of a Student or Staff Member – Use of physical force with the intent to do bodily harm.

 

First Offense: 1-180 days out-of-school suspension or expulsion, notification to law enforcement officials, and documentation in student's discipline record

 

Subsequent Offenses: 11-180 days out-of-school suspension or expulsion, notification to law enforcement officials, and documentation in student's discipline record

Bullying – Intentional intimidation or infliction of physical, emotional, or mental harm (see Policy 2655).

First Offense: 10-30 days out-of-school suspension

Subsequent Offenses: 180 days of out-of-school suspension

Fighting – Physically striking another in a mutual contact as differentiated from an assault.

First Offense: In school suspension, up to 3 after school detentions, or 1-10 days of out-of-school suspension

Subsequent Offenses: 11-180 days of out-of-school suspension

4. Defiance of Authority – Refusal to obey directions or defiance of staff authority

First Offense: In school suspension, after school detention, up to 5 days out-of-school suspension

Subsequent Offenses: After school detentions or 3-10 days out-of-school suspension

5. Disruptive Behavior – Conduct which has the intentional effect of disturbing education or the safe transportation of a student

First Offense: In school suspension, up to 3 after school detentions, or 1-10 days of out-of-school suspension (disruptive behavior on school buses will result in losing riding privileges as assigned by the principal)

Subsequent Offenses: In school suspension, up to 3 after school detentions, alternative school, or 1-180 days out-of-school suspension (disruptive behavior on school buses may result in loosing riding privileges as assigned by the principal)

 

Regulation 2610

Page 3

6. Drugs/Controlled Substance

 

Possession or presence under the influence of a controlled substance or substance represented to be a controlled substance while at school, on the school playground, on the school parking lot, a school bus or at a school activity whether on or off of school property.

First Offense: 1-90 days out-of-school suspension, possible notification to law enforcement officials, and documentation in student's discipline record

Subsequent Offenses: 11-180 days out-of-school suspension or expulsion, possible notification to law enforcement officials, and documentation in student's discipline record

Sale of a controlled substance or substance represented to be a controlled substance while at school or at any of the locations described above.

First Offense: 11-90 days out-of-school suspension, possible notification to law enforcement officials, and documentation in student's discipline record

Subsequent Offenses: 90-180 days out-of-school suspension or expulsion, possible notification to law enforcement officials, and documentation in student's discipline record

Possession of a prescription medication without a valid prescription for such medication on school premises or on a school bus.

First Offense: 1-90 days out-of-school suspension, possible notification to law enforcement officials, and documentation in student’s discipline record

Subsequent Offenses: 11-180 days out-of-school suspension or expulsion, possible notification to law enforcement officials, and documentation in student’s discipline record.

Distribution of prescription medication to any individual who does not have a valid prescription for such medication on school premises or on a school bus.

First Offense: 11-90 days out-of-school suspension, possible notification to law enforcement officials, and documentation in student’s discipline record

 

Regulation 2610

Page 4

Subsequent Offenses: 90-180 days out-of-school suspension or expulsion, possible notification to law enforcement officials, and documentation in student’s discipline record

7. Extortion - Verbal threats or physical conduct designed to obtain money or other valuables

First Offense: In school suspension or 3-10 days out-of-school suspension

Subsequent Offense: 11-180 days out-of-school suspension, expulsion, notification to law enforcement officials, and documentation in student's discipline record.

8. Firearms and Weapons – (Refer to Policy and Regulation 2620 – Firearms and Weapons in School)

Possession of a firearm or weapon

 

First Offense: One calendar year suspension, notification to law enforcement officials, and documentation in student’s discipline record

Subsequent Offense: Expulsion from district, notification to law enforcement officials, documentation in student’s discipline record

9. Harassment – (Refer to Policy 2130 – Harassment)

 

First Offense: In school suspension or 1-180 days out-of-school suspension, possible documentation in student's discipline record

Subsequent Offense: 11-180 days out-of-school suspension or expulsion, documentation in student discipline record

10. Possession of or presence under the influence of alcohol regardless of whether the student is on school premises

First Offense: 10 days out-of-school suspension, 90 days suspended from school activities, documentation in student discipline record

 

Subsequent Offense: 11-180 days out-of-school suspension, documentation in student's discipline record

 

Regulation 2610

Page 5

10. Improper Displays of Affection - Consensual kissing, fondling, or embracing

First Offense: Principal / Student conference or in school suspension

Subsequent Offense: After school detention or 3-10 days out-of-school suspension

11. Improper Language

Threatening Language – Use of verbal, physical or written threats to do bodily harm to person or personal property.

First Offense: In school suspension or 3-10 days out-of-school suspension

 

Subsequent Offense: 11-180 days out-of-school suspension, expulsion, notification to law enforcement officials, and documentation in student's discipline record

Use of Obscene or Vulgar Language – Language which depicts sexual acts, human waste, and blasphemous language

First Offense: Principal / Student Conference, up to 3 days in-school suspension, detention, or up to 10 days out-of-school suspension.

Subsequent Offense: 3-10 days out-of-school suspension

Disruptive or Demeaning Language or Conduct – Use of hate language to demean other persons due to the race, gender, disability, natural origin, or religious beliefs. This provision also includes conduct, verbal, written, or symbolic speech which materially and substantially disrupts class, school activities, transportation, or school functions.

First Offense: Principal / Student conference or in school suspension, or 1-10 days out-of-school suspension

Subsequent Offense: In school suspension or 1-180 days out-of-school suspension, or expulsion, and possible documentation in student's discipline record

12. Inappropriate Sexual Conduct (Refer to Policy and Regulation 2130 – Harassment)

Physical touching of another student in the area of the breasts, buttocks, or genitals

First Offense: In school suspension or 1-180 days out-of-school suspension, possible documentation in student’s discipline record

Subsequent Offense: 11-180 days out-of-school suspension or expulsion, documentation in student discipline record

Regulation 2610

Page 6

Use of sexually intimidating language, objects, or pictures

First Offense: Principal / Student conference, in school suspension, 1-180 days out-of-school suspension, possible documentation in student's discipline record

 

Subsequent Offense: In school suspension or 1-180 days out-of-school suspension or expulsion, documentation in student’s discipline record

Indecent Exposure - Includes display of breasts, buttocks and genitals in a public location.

First Offense: In school suspension, after school detention, parent conference, or 1-10 days out-of-school suspension

Subsequent Offense: 11-180 days out-of-school suspension

13. Theft – Nonconsensual taking or attempt to take the property of another

First Offense: In school suspension, detention, or 1-180 days out-of-school suspension, or expulsion, notification to law enforcement officials where needed, and possible documentation in student's discipline record

 

Subsequent Offense: 11-180 days out-of-school suspension or expulsion, notification to law enforcement officials where needed, and documentation in student's discipline record

14. Tobacco – Possession or use of tobacco or tobacco products

First Offense: Principal / student conference or In school suspension

Subsequent Offense: In school suspension, after school detention, or 1-10 days out-of-school suspension

15. Truancy – Absence or tardy from class or classes without authorization. (See Policy and Regulation 2340 – Truancy and Educational Neglect.)

First Offense: Principal / Student conference, 1-3 days in-school suspension, or up to 2 after school detentions

Subsequent Offense: Parent / Student / Principal conference, 3-10 days in-school suspension or up to 4 after school detentions

16. Vandalism – Intentional damage or attempt to damage property belonging to the staff, students, or the District

Regulation 2610

Page 7

First Offense: In school suspension, after school detention, 1-180 days out-of-school suspension, expulsion, possible notification to law enforcement officials, and possible documentation in student's discipline record

Subsequent Offense: 11-180 days out-of-school suspension or expulsion, notification to law enforcement officials, and documentation in student's discipline record

Extremes in wearing apparel or personal appearance which interfere with the learning environment, health, safety, or general welfare will not be considered as acceptable school dress as determined by the School Administration. Student handbooks will outline permissive and not permissive dress guidelines. Every circumstance or situation relative to clothing can not be listed but age appropriate considerations will be made. Health and safety for all students is a major concern in identifying proper apparel for the school environment. Use the following information in formulating guidelines for student dress:

1. Students may not wear bare midriffs, inappropriate or revealing tops, or see-though garments.

2. Students may not go barefoot at school.

3. Students may not wear shirts, jackets, or other apparel with profanity lettering, alcoholic beverage logos, drug references, sexual innuendoes, or satanic inferences. Students may not wear anything that would be considered insensitive to any nationality, ethnic group or gender.

4. Students may wear shorts of appropriate length for school wear. NO ragged cutoffs or garments with holes in them should be permitted for school dress.

5. Students may not wear caps, gloves, sunglasses, or long, knee length coats during school hours except in class or class activities where such apparel would be considered appropriate. (Trench coats are prohibited)

6. Extreme display/use of nose rings, cheek rings, lip rings, pierced finger rings, tongue rings, (any other facial rings), that would be considered unsafe and distracting to the learning environment are not allowed to be worn at school.

7. NO gang related colors, tags, symbols, or apparel will be permitted, (NO sagging pants).

8. Any apparel that could cause injury to others will not be permitted. Examples: wallet chains, extreme rings/necklaces or anklets/ or spiked bracelets, etc.

Regulation 2610

Page 8

9. Face painting and unnatural hair coloring are considered distracting and not allowed at school. No special events costumes where identity can not be determined. Exceptions may be made for school sponsored special activities such as School Spirit Week and with permission from the building administrator.

10. Students are to be neat and clean upon entering school. Inattention to cleanliness will not be tolerated and students may be sent home to rectify the situation.

Classroom Atmosphere

Classroom atmosphere is extremely important as it relates to learning. Clean, well kept classrooms are a definite must in promoting good student behavior and respect for the school. Students are asked to abide by these guidelines to assist in keeping the school and classrooms neat and orderly for use.

1. Students should not eat candy, drink sodas, or other foods in the classrooms. Exceptions are organized classroom approved activities.

2. Students may not wear caps or hats in the classrooms.

3. Students may not lounge on desks, tables, or other school furniture. Students should not lie prone on classroom or corridor floors.

4. Students should leave desks, chairs, equipment and rooms as they found them or as instructed.

5. No writing or marking on school property such as desk, tables, walls.

Students may not bring portable radios, headphones, cassette players, compact disc players, tape players, beepers, walkmans, telephones, laser pens, or lights, or other electrical devices to school. These electronic devices can be a major interference to instruction and academic activities. These items will be confiscated and only returned to the students' parents or guardian.

Discipline

Firearms and Weapons in School

Definition of Firearm

The term "firearm" includes, but is not limited to, such items as:

1. Any item which is a loaded or unloaded weapon, weapon frame, or weapon barrel and which is designed to, or may be readily converted to, expel a projectile by action of an explosive, or

2. Any item which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has a barrel with a bore of at least one-half inch in diameter, or

3. Any explosive, incendiary, or poison gas, such as: bombs; grenades; rockets with a propellant charge of greater than four ounces; and other similar devices as recognized under federal law, or

4. Any combination of parts either designed to or intended for use in converting any device into a device as described in paragraphs above.

The term "weapon" shall mean a "firearm" as defined above, and the items, listed below, which are defined as "weapons" in section 571.010, RSMo.

1. Blackjack 8. Machine gun

2. Concealable firearm 9. Knuckles

3. Explosive weapon 10. Projectile weapon

4. Firearm 11. Rifle

5. Firearm silencer 12. Shotgun

6. Gas gun 13. Spring gun

7. Knife 14. Switchblade knife

Other weapons:

1. Mace spray

2. Any knife, regardless of blade length

3. Items customarily used, or which can be used, to inflict injury upon another person or property.

Regulation 2620

The District will take the following action upon determining that a student has brought a firearm to school:

1. The District will refer the student to the appropriate criminal justice or juvenile delinquency system, and

2. The District will suspend the student from school for a period of not less than one year (365 days from the date of the infraction, and may, at its discretion, expel the student from school permanently. This suspension provision may be modified on a case-by-case basis upon the recommendation of the District Superintendent if the Superintendent determines that circumstances justify such a modification.

3. The District may, at its discretion, provide a student suspended under this Regulation with educational services in an alternative setting.

If the student who is determined to be in violation of this Regulation is a student with a disability under the Individuals with Disabilities Education Act, the District will assign the student to an alternative education placement for a period of up to forty-five (45) days and/or take other steps to address the student’s misconduct, as permitted by law

The principal will establish procedures and regulations to ensure that any student wearing, carrying or displaying gang paraphernalia; exhibiting behavior or gestures which symbolize gang membership; or causing and/or participating in activities which intimidate or affect the attendance of another student, shall be subject to disciplinary action.

Consequences for such actions and/or behaviors may result in suspension or expulsion.

To further discourage the influence of gangs, District administrators shall:

1. Provide inservice for staff in gang recognition and special workshops for counselors.

2. Ensure that all students have access to counselors.

3. Work closely with the local law enforcement authorities and county juvenile officers who work with students and parents/guardians involved in gang activity.

4. Provide classroom or after-school programs designed to enhance individual self-esteem

and foster interest in a variety of wholesome activities.

Certificated staff members may detain students after normal school hours for a reasonable time provided the following conditions are observed:

1. Students must have an opportunity to make arrangements for transportation home.

Therefore, the detention may take place on any day after the day of notification to detain.

2. The detention may be for disciplinary or academic reasons.

3. The names of all students detained must be reported to the building principal.

4. All students detained must be supervised by a certificated staff member.

Students are expected to conduct themselves in accordance with Board Regulation 2610. Failure to do so may result in a student's suspension or expulsion from school.

A building principal may suspend a student for a period not to exceed ten (10) calendar school days. Such suspension shall immediately be reported in writing to the Superintendent who may revoke or reduce the suspension if the Superintendent concludes that circumstances warrant such action.

When a student is suspended, the principal (designee) shall attempt to reach the student's parent/guardian to inform them of the school's action and to request that they come to school for their student. If the parent/guardian is unable to come for the student, the principal (designee) may ask the parent/guardian for permission to send the student home. If the parent/guardian cannot be reached or if the above request is refused, the student must remain on school property until the close of the school day.

If the principal decides that a suspension in excess of ten (10) calendar school days is warranted, the principal may petition the Superintendent for such suspension.

The Superintendent may suspend a student for a period not to exceed one hundred eighty (180) school days.

Regulation 2662

No student shall be suspended by a principal or by the Superintendent unless:

1. The student shall be informed, orally or in writing, of the charge against him/her, and

2. If the student denies the charge, he/she shall be given an oral or written explanation of the facts which form the basis of the proposed suspension, and

3. The student shall be given an opportunity to present his/her version of the incident to the

principal or Superintendent.

Any suspension shall be reported immediately, in writing, to the student and the student's parent/guardian or others having custodial care of the student. A copy will be forwarded to the Superintendent.

A student who is on suspension may not be within 1,000 feet of any school unless he/she lives within 1,000 feet of the school, has a parent with him/her, or has been requested by the administration to attend a meeting at the school.

If a suspension is ordered by the Superintendent for more than ten (10) school days, the Superintendent's order may be appealed to the Board of Education if written notice of appeal is delivered to the office of the Board of Education. If such suspension is appealed, the Superintendent shall promptly provide the Board with a report of the facts involved in the suspension, the action taken by the Superintendent, and the reasons for the Superintendent's decision.

In such event, the suspension shall be stayed until the Board renders its decision, unless in the judgment of the Superintendent the student’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, in which case the student may be immediately removed from school, and the notice and hearing shall follow as soon as practicable.

Any appeal to the Board of Education of the Superintendent's decision to suspend a student for more than ten (10) days may be heard and determined by the full Board or by a quorum thereof, or by a committee of three Board members appointed by the President of the Board and such committee shall have full authority to act in lieu of the Board.

Students will be readmitted or enrolled after expiration of their suspension from the District or from any other District only after a conference has been held to consider prior misconduct and remedial steps necessary to minimize future acts of similar misconduct. (See Policy and Regulation 2664 – Enrollment or Return Following Suspension or Expulsion.) Participants in such pre-admission conferences will include:

1. Any teacher directly involved in the suspension offense

2. The student

3. The parent/guardian

4. The representative of any agency having legal jurisdiction, care, custody, or control of the student.

5. District staff members designated by the Superintendent/designee

Unless a parent, custodian, or the student, if at least eighteen years of age, waives in writing any right to a hearing before the board of education as provided under RSMo 167.161(1), no student may be permanently expelled from school without a prior hearing before the full Board, or, at least, a quorum of the Board. Such a hearing shall generally be considered a contested case pursuant to Chapter 536 of the Missouri Administrative Procedures Act and therefore not subject to de novo review. A decision to expel a student requires the vote of a majority of those Board members present.

Due process for expulsion of students shall include the following:

1. Board action shall begin with a written notification of the charges against the student, which shall be delivered by certified mail to the student, his/her parent/guardian, or others having his/her custodial care. Such notification will include charges, contemplated action, and time and place of a hearing on such charges and that the student, parent/guardian, or others having custodial care shall have the right to attend the hearing and to be represented by counsel.

2. The hearing will be closed. At said hearing, the Board of Education or counsel shall present the charges, testimony, and evidence deemed necessary to support the charges. The Board will expect the principal in each case to be present and make oral and written reports and statements concerning the student's misconduct. The student, parent/guardian or others having custodial care, or counsel, shall have the right to cross-examine witnesses presented in behalf of the charges and to present testimony in defense thereagainst.

3. At the conclusion of the hearing or in an adjourned meeting, the Board of Education shall render its decision to dismiss the charges, suspend the student for a specified time, or expel the student from the schools of the District. Prompt written notice of the decision shall be given to the student, parent/guardian or others having custodial care, and counsel, if applicable.

 

The conference shall include the appropriate school officials, including (1) any teacher employed in the District or directly involved with the conduct that resulted in the suspension or expulsion, (2) the student, (3) the parent/guardian of the pupil, and (4) any agency having legal jurisdiction, care, custody or control of the student.

The District shall notify in writing the parent/guardian and all other parties of the time, place, and agenda of any such conference. However, failure of any party to attend this conference shall not preclude holding the conference.

Not withstanding any provision of this policy to the contrary, no student shall be readmitted or enrolled in a regular program of instruction if:

1. The student has been convicted of one of the offenses listed below.

2. The student been charged with one of the offenses and there has been no final judgment.

3. A juvenile petition has been filed alleging that the student committed an act, which if committed by an adult, would be one of the offenses listed below, and there has been no final judgment; or

4. The student has been adjudicated to have committed an act, which if committed by an adult, would be one of the offenses listed below.

1. First degree murder under Mo. Rev. Stat. § 565.020

2. Second degree murder under Mo. Rev. Stat. § 565.021

3. First degree assault under Mo. Rev. Stat. § 565.050

4. Forcible rape under Mo. Rev. Stat. § 566.030

5. Forcible sodomy under Mo. Rev. Stat. § 566.060

6. Robbery in the first degree under Mo. Rev. Stat. § 569.020

7. Distribution of drugs to a minor under Mo. Rev. Stat. § 195.212

8. Arson in the first degree under Mo. Rev. Stat. § 569.040

9. Kidnapping, when classified as a Class A felony under Mo. Rev. Stat. § 565.110

10. Statutory rape under Mo. Rev. Stat. 566.032

11. Statutory sodomy under Mo. Rev. Stat. 566.062

Nothing in this regulation shall be construed to prevent the District from imposing discipline under the Student Code of Conduct for conduct underlying the above-listed offenses, even if the adult charge or juvenile petition has been dismissed, or the student has been acquitted or adjudicated not to have committed such acts in a criminal or juvenile court — if by a preponderance of the evidence, it can be established that the student engaged in the underlying conduct. The District may enroll a student, otherwise excluded under this policy, in an alternative education program if the District determines that such enrollment is appropriate.

Students denied enrollment because of conviction of one of the acts set out in this policy or due to an existing suspension or expulsion from another School District will be advised of the reasons for denial of enrollment and will be given an opportunity to respond to those reasons.

Prior to enrollment, a student who is under suspension or expulsion from any other in-state or out-of-state public or private school and who is seeking admission will be evaluated by the Superintendent or Superintendent’s designee. However, upon request, the Superintendent/ designee will confer with the pupil, parent/guardian or person acting as parent of a special education student to consider imposition of the other school’s suspension or expulsion. If the Superintendent/designee determines that such conduct would have resulted in a suspension or expulsion had the conduct been committed in District schools, the suspension or expulsion will be implemented.

Rules of Procedure in Hearings Before the Board of Education on Suspension and Expulsion Matters

1. Students or students' parents/guardians may request a hearing before the Board to contest any suspension in excess of ten (10) school days. The request will be addressed to the

Superintendent who will review all matters concerning the suspension and make a recommendation whether to refer the request for a Board hearing. It will be the sole discretion of the Superintendent whether to deny the request or refer the request to the Board of Education for a hearing.

2. No student may be expelled until this matter is reviewed in a hearing before the Board of

Education.

3. The parent/guardian may represent their student or may retain an attorney to act as a representative in the defense of the student. The representative will have the right to present witnesses, question any and all witnesses as herein provided, and make a statement and offer exhibits on the nature of the evidence and disposition of the case. If the parent/guardian elects to have the student represented by an attorney at the hearing, the parent/guardian shall notify the Superintendent of such representation at least twenty-four hours prior to the scheduled time of the hearing.

4. Prior to the hearing, the parties, or their attorneys, may examine at the Board Office the discipline report and all related records.

5. Upon the request of any party, the Superintendent shall submit for review at the hearing the student's behavioral and academic record. If necessary, the information contained in such record may be explained and interpreted by a person trained in its use and interpretation. All parties shall be instructed to respect the confidentiality of all such records and information.

6. At the hearing, the Board may consider a student's record of past disciplinary actions, criminal court records, juvenile court records, and any actions of the student which would be criminal offenses.

7. The parties may present evidence concerning the charges and make such showing by way of affidavits, exhibits, and witnesses as they may desire. Before testifying, witnesses shall be sworn.

8. The President of the Board of Education, or the Chairman of the designated committee of the Board, shall have full charge of the hearing and shall have the authority to direct its

proceedings and to control the conduct of all persons present in accordance herewith.

Such authority shall include the limitation of questioning that is unproductive, lengthy, or irrelevant. The Board may invoke reasonable limitations on the number of witnesses.

 

9. The hearing shall not be open to the public unless requested by the student's parent/guardian or those having his/her custodial care, provided, however, that, if the hearing is open to the public, the Board may set reasonable limitations on the number of people present based upon available space and need for orderly proceedings.

The Board shall also have the right to exclude the public or any person or persons if it shall determine that the hearings are being disrupted by any person or group of persons.

Unless public, as hereinabove provided, hearings may be attended only by members of the Board of Education, the Superintendent of Schools, the School Board attorney, the principal, the student, the parent/guardian and their representatives. Witnesses may be present only when giving information at the hearing. With parent/guardian permission, the student may be excluded at times when the student's psychological or emotional problems are being discussed.

10. A record shall be made of any information presented at the hearing. Statements and other written matter presented shall be kept on file by the District.

11. As soon as practicable after the hearing, the Board shall make its decision and transmit the same in writing to the parties and the Superintendent.

The Board or its committee shall decide by majority vote whether the student has engaged in the misconduct charged by District Administrators. The decision must be based solely on the evidence presented at the hearing and must include findings of fact on which the decision rest.

A student with a disability who violates the District’s discipline policy who has not been removed from the current educational placement for more than ten (10) cumulative days for the current school year may be disciplined for not more than ten (10) consecutive school days in the same manner as other students.

Regulation 2672

Page 2

Services will not be provided to the student when the total number of days the students has been removed from the current educational placement is not more than ten (10) days, unless services are provided to children without disabilities who have been similarly removed.

A student with a disability who violates the District’s discipline policy who has been removed from the current educational placement for more than ten (10) cumulative days in the current school year may be disciplined for not more than ten (10) consecutive school days in the same manner as other students, if the pattern of short term exclusions totaling more than ten (10) cumulative days does not constitute a change of placement.

On the eleventh day of removal in a school year, the District will provide educational services. If the cumulative removals do not constitute a change of placement, the services to be provided will be determined by school personnel in consultation with the student’s special education teacher.

A series of removals from the current educational placement for more than ten (10) days may amount to a pattern of exclusion that constitutes a change of placement. If a student with a disability has been removed for more than ten (10) cumulative school days and the removals constitute a change of placement, or if a school administrator determines that a removal for more than ten (10) consecutive school days is being considered, on the date a decision to make such a removal is made, the parents will be notified of the decision and provided a copy of the IDEA procedural safeguards.

Not later than ten (10) business days after commencing a cumulative removal that constitutes a change of placement or when considering a removal of greater than ten (10) consecutive school days, the District will convene an IEP meeting to develop a functional behavioral assessment plan if one has not previously been conducted. After completing the assessment, an IEP meeting will be held to develop a behavioral intervention plan if appropriate and necessary. If a behavior plan already has been developed, the IEP team will meet to review the plan and its implementation. The plan and its implementation will be modified as necessary.

In addition, not later than ten (10) days after the date of the decision to remove a student for more than ten (10) cumulative days constituting a change of placement or for consideration of a removal of more than ten (10) consecutive school days, the IEP team and other qualified personnel will meet to review the relationship between the student’s disability and the behavior subject to disciplinary action.

If a determination is made that the student’s behavior was not a manifestation of the student’s disability, disciplinary rules will be applied to the student in the same manner they would be applied to a student without a disability, except that a free appropriate public education will be provided to the student as determined by the IEP team.

In addition to any other actions consistent with this regulation, District administrators may assign a student to an interim alternative educational setting for a period of time not to exceed forty-five (45) calendar days, when a student with a disability:

1. Possesses a weapon at school or at a school function; or

Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or at a school function; or

3. A serious bodily injury.

On the date a decision to make such a removal is made, the parents/guardians will be notified of the decision and provided a copy of the IDEA procedural safeguards.

Not later than ten (10) business days after commencing such a removal, the District will convene an IEP meeting to develop a functional behavioral assessment plan if one has not been previously conducted. After completing the assessment, an IEP meeting will be held to develop a behavioral intervention plan if appropriate and necessary. If a behavior plan already has been developed, the IEP team will meet to review the plan and its implementation. The plan and its implementation will be modified as needed.

Not later than ten (10) days after the date of the decision to assign a student to an interim alternative educational setting, the IEP team and other qualified personnel will meet to review the relationship between the student’s disability and the behavior subject to the disciplinary action and to determine the interim alternative educational placement.

The IEP team will decide on an interim alternative educational setting that will allow the student to continue to progress in the general curriculum, to receive the services and modifications that will enable the child to meet the goals set out in the student’s IEP, and to receive services and modifications to attempt to prevent the student’s behavior from recurring.

Illegal Drug means a controlled substance not including drugs legally used or possessed under the supervision of a health care professional.

Weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length.

Controlled substance means a drug or other substance identified under schedules I, II, III, IV or V in 21 U.S.C. ? 812 (c).

All school employees are required to notify their immediate supervisor if they have reason to believe that a student or District employee has committed any of the offenses set out below, has physically or sexually abused any District student, or has possessed a controlled substance or weapon in violation of District policy. The principal will immediately report to the appropriate law enforcement agency and to the Superintendent/designee any instance where a student is found to be in possession, on their person or in their possession, of any weapon defined in Regulation 2620 or of controlled substances, or is found to have placed such substances elsewhere on school premises. For purposes of this regulation, "school premises" shall be defined to include school property, school playgrounds, school parking lots, school buses, or at school activities whether on or off school property.

1. First degree murder

2. Second degree murder

3. Kidnapping

4. First degree assault

5. Forcible rape

6. Forcible sodomy

7. Burglary in the first degree

8. Burglary in the second degree

9. Robbery in the first degree

10. Distribution of drugs

11. Distribution of drugs to a minor

12. Arson in the first degree

13. Voluntary manslaughter

14. Involuntary manslaughter

15. Second degree assault

16. Assault (except as provided in the Agreement contained in Form 2673)

17. Felonious restraint

18. Property damage in the first degree

19. Possession of a weapon

Child molestation in the first degree

Deviate sexual assault

Sexual misconduct involving a child

Sexual assault

Teachers and other authorized personnel who report violent acts or threats of violent acts to their supervisors in compliance with state law and in conformity with District policies have civil immunity. Teachers and other authorized personnel who act in conformity with the District’s

discipline policies and regulations also have civil immunity.

Regulation 2673

The Superintendent/designee will prepare and maintain records of serious violations of the District's discipline policy. Individual student records are available to school employees who are directly responsible for the student's education or who interact with the student in the performance of the employee's duties. In addition, such discipline records will be made available within five (5) days to any requesting school district where the student seeks to enroll.

The District will report, in compliance with state regulations, the number, duration of, and reasons for expulsions and suspensions of more than ten (10) days. The Superintendent will also notify the appropriate division of the Juvenile Court of the suspension for more than ten (10) days of any student under court jurisdiction.

This Agreement for Reporting Third-Degree Assault to Law Enforcement Agency (hereinafter

"Agreement") is entered into this day of , 1998, by and between

, Superintendent of the , and

Superintendent School District

, (hereinafter "Law Enforcement Agency"), pursuant

Law Enforcement Agency/(ies)

to Mo. Rev. Stat. § 167.117, for the purpose of establishing guidelines for School District principals in reporting incidents that may constitute third-degree assault under Missouri law when such incidents occur on school property or on school buses or when such incidents occur during school activities.

Definition of Third-Degree Assault

For purposes of this Agreement, a person commits assault in the third degree if that person:

1. Attempts to cause or recklessly causes physical injury to another person; or

2. With gross negligence, causes physical injury to another person by means of a deadly weapon;

3. Purposely places another person in apprehension of immediate physical injury; or

4. Recklessly engages in conduct which creates a grave risk of death, serious disfigurement or protracted impairment of the function of any part of the body of another person; or

Regulation 2673

Page 3

5. Knowingly causes physical contact with another person with knowledge that the other person regards the contact as offensive or provocative.

Factors to Be Considered by Principals

When a principal in this School District believes that an incident of third-degree assault has occurred on school property, on a school bus, or during a school activity (regardless of whether

that activity occurs on or off of school property), the principal may consider the following guidelines in determining whether to report the particular incident.

1. The age and maturity of the student involved.

2. Whether the incident involved the use of or threatened use of a weapon or involved sexual misconduct or allegations of sexual misconduct.

3. The nature and severity of the conduct.

4. The nature and severity of injury, if any, inflicted on the other person involved.

In addition to these factors, the principal may consider any other factors which the principal, in the exercise of professional judgment, determines to be appropriate under the circumstances. The guidelines listed above shall in no way inhibit a principal from reporting to law enforcement any conduct which the principal believes may constitute a violation of state or federal law, regardless of whether such conduct actually constitutes such a violation.

Procedure for Making Report to Law Enforcement

If a principal determines, in his/her professional judgment, that an incident shall be reported to law enforcement under this Agreement, the principal should contact the Law Enforcement Agency by telephone or in writing as soon as reasonably practicable after the principal receives a report of the incident and after the principal has, if necessary, investigated the incident to determine whether the incident necessitates a report.

The principal subsequently shall provide the Law Enforcement Agency with any additional documentation that the principal or School District deems necessary. Such information will be provided in accordance with applicable federal and state law.

Superintendent Authorized Law Enforcement Official/Agency