Student Rights and Responsibilities Policies

Policy ECAF: Electronic Monitoring and Surveillance (PDF)

The Board of Education recognizes its continuing responsibility to ensure the District’s proper and efficient operation, to protect District property, to maintain and improve student conduct and to ensure the health, welfare and safety of students, staff and other persons at District facilities, in and around District buildings, and on District transportation vehicles. Toward this end, the Board supports the administration’s use of video and audio-visual cameras at District facilities, in and around District buildings, and on District transportation vehicles, as well as the monitoring of communications across District tools, services, and infrastructure, in accordance with this policy and governing law. The superintendent or superintendent’s designee(s) shall select or otherwise approve prior to their acquisition such video and audio-visual cameras, other recording or monitoring devices, and related equipment and services. No such system or service shall be connected to a District network without the approval of the Chief Technology Officer or designee. 

Use of Cameras Video and audio-visual cameras may be used to monitor and record students, staff and other persons at District facilities, in and around District buildings, and on District transportation vehicles on a year-round basis at any and all times, whether or not school is in session and whether or not the facilities, buildings and/or transportation vehicles are in use.  Audio-visual cameras may be used to monitor and record students, staff, and other persons only if sufficient notice is given to reasonably inform them of the monitoring and recording. Sufficient notice may be given through a posted sign.

Neither video cameras nor audio-visual cameras may be used in restrooms, locker facilities or other areas where students, staff, and/or other persons have a reasonable expectation of privacy.

Students, staff, and other persons are prohibited from the unauthorized use of, and from tampering with or otherwise interfering with, the District’s video and audio-visual cameras and related equipment.

Notices shall be posted at appropriate locations where video and/or audio-visual cameras may be used at District facilities, in and around District buildings, and on District transportation vehicles that persons in such areas are subject to video and/or audio-visual monitoring and recording at any time.

Telephone Monitoring and Recording

Communications over the District’s telephone system may be monitored and/or recorded at any time in compliance with applicable state law. 

Telephone recordings are and shall remain the property of the District. Authorization to listen to such recordings may be granted to District officials demonstrating a legitimate need to do so, as determined by the superintendent, director of student safety & emergency management, or their designee(s), in accordance with governing law and, where applicable, District Policies GBJ – Personnel Records and Files and JRA/JRC – Student Records/Release of Information on Students. Authorization to listen to such recordings may be granted to individuals who are not authorized District officials only as required by law.

Listening to telephone recordings by individuals who are not authorized District officials may only be permitted at the Support Services Complex unless otherwise authorized by the superintendent, director of student safety & emergency management, or their designee(s), or unless otherwise required by law. A written log shall be maintained of individuals listening to telephone recordings, including the date of listening, reasons for listening, date the recording was made, parties to the telephone communication (to the extent known), and signature of listener(s).
 

Use, Storage, and Security of Recordings

Video, audio, and audio-visual recordings may be used as evidence that a student, staff member, or other person has engaged in behavior that violates the criminal code, District policies/regulations, and/or District or school rules.

Video and audio-visual recordings from District facilities and from in and around District buildings will be maintained in their original form for at least seven (7) calendar days after the initial recording. Video and audio-visual recordings from District transportation vehicles will be maintained in their original form for at least seven (7) calendar days after the initial recording. Audio recordings of District telephone communications shall be maintained in their original form for at least seven (7) calendar days after the initial recording. After such periods the video, audio and audio-visual recordings may be deleted, erased or recorded over unless an incident has occurred in which a recording may be relevant to an investigation by District or law enforcement personnel, in which case the recording will be maintained in its original form at least until the investigation and any resulting legal proceedings and/or disciplinary action is finally concluded.

Video, audio and audio-visual recordings shall be stored and secured to ensure confidentiality. The superintendent or director of student safety & emergency management shall determine the District officials who may be granted unsupervised physical access to such recordings from some or all locations at District facilities, in and around District buildings and on District transportation vehicles.

Student Education Records

The District will comply with all laws regarding student education records applicable to video, audio, and audio-visual recordings. Recordings considered part of a student’s education record will be maintained in accordance with established procedures governing access, review, and release of such records.

Viewing Video and Audio-Visual RecordingsVideo and audio-visual recordings are and shall remain the property of the District. Such recordings may not be viewed by any person, including District officials granted unsupervised physical access to the recordings, except as permitted or required by law and this policy. Authorization to view recordings may be granted to individuals demonstrating a legitimate need to do so, as determined by the superintendent, director of student safety & emergency management, or their designee(s), in accordance with governing law and, where applicable, District Policies GBJ – Personnel Records and Files and JRA/JRC – Student Records/Release of Information on Students.

Requests by individuals who are not authorized District officials under governing law or District Policies GBJ or JRA/JRC to view recordings that were made at District facilities or in and around District buildings shall be presented in writing to the director of student safety & emergency management or authorized designee within seven (7) calendar days after the date of the requested recording. Requests by individuals who are not authorized District officials under governing law or District Policies GBJ or JRA/JRC to view records made on District transportation vehicles shall be presented in writing to the director of transportation or authorized designee within seven (7) calendar days after the date of the recording. Such written requests must include an explanation of why the requesting individual wishes to view the recording(s) at issue. Only the portion of the recording concerning the specific incident at issue shall be made available for viewing.

The viewing of recordings by individuals who are not authorized District officials may only be permitted at school buildings, in the transportation office, or at the Support Services Complex unless otherwise authorized by the superintendent or superintendent’s designee(s), or unless otherwise required by law. All viewings shall include the director of student safety & emergency management, the director of transportation and/or the building principal, or their designee(s).

A written log will be maintained of individuals viewing recordings, including the date of viewing; reasons for viewing; date the recording was made; District facility and area of facility, District building and area in or around building, or District vehicle where the recording occurred (including name of driver); and signature of viewer(s).

Subpoenas, warrants, or other legal records requesting access to video or audio-visual recordings will be submitted or forwarded immediately to the District’s Records Department for processing. 
 

• Adopted by Board: April 22, 2008, effective July 1, 2008
• Revised by Board: May 26, 2009, effective July 1, 2009
• Revised by Board: April 28, 2015, effective July 1, 2015
• Revised by Board: May 27, 2025, effective July 1, 2025

CROSS REFERENCES:

• GBJ - Personnel Records and Files
• GDQD - Classified Staff Guidance, Reassignment, and Discipline
• JK - Student Discipline, and subcodes
• JRCB – Privacy and Protection of Confidential Student Record Information
• JRA/JRC - Student Records/Release of Information on Students
• KI - Visitors to Schools

 

LEGAL REFERENCES:
20 U.S.C. 1232g
C.R.S. 24-72-204

Policy JICDE: Bullying Prevention and Education (PDF)

The Board of Education recognizes the negative impact that bullying has on student health, welfare and safety and on the learning environment at school. Bullying is prohibited on all Poudre School District property, at District or school-sanctioned activities or events, when students are being transported in vehicles dispatched by the District or one of its schools, and off school property when such conduct has a reasonable connection to school or any District curricular or non-curricular activity or event.

As used in this policy, “bullying” means any written or oral expression, or physical or electronic act or gesture, or a pattern thereof, that is intended to coerce, intimidate or cause any physical, mental or emotional harm to any student. This includes but is not limited to such expression, act or gesture directed toward a student on the basis of that student’s race, color, religion, national origin, ancestry, sex, sexual orientation, disability or academic performance. As used in this policy and as defined by Colorado statute, “sexual orientation” means an individual’s orientation toward heterosexuality, homosexuality, bisexuality or transgender status, or another individual’s perception thereof.

All District employees, authorized volunteers and students share the responsibility to ensure that bullying does not occur at any District school, on any District property, at any District or school-sanctioned activities or events, when students are being transported in any vehicle dispatched by the District or one of its schools, or off school property when such conduct has a reasonable connection to school or any District curricular or non-curricular activity or event. Toward that end:

• All students who believe they have been victims of bullying in any such circumstance shall immediately report it to an administrator, counselor or teacher at their school.

• All students who witness student bullying in any such circumstance shall immediately report it to an administrator, counselor or teacher at their school.

• All administrators, counselors, teachers and other employees/authorized volunteers who have any incident of bullying reported to them or otherwise have reason to believe it is occurring shall promptly forward the report(s) and/or other information to the principal or principal’s designee for appropriate action.

• All District employees and authorized volunteers who witness student bullying in any such circumstance shall immediately take appropriate action to stop the bullying, as prescribed by the District and the building principal, and shall promptly report the bullying to the principal or principal’s designee for appropriate action.

• Each principal or principal’s designee shall ensure that all reports and other information involving student bullying in any such circumstance are promptly and thoroughly investigated, and that appropriate action is taken. If the victim of bullying is a student with a disability who has an Individualized Education Program under the Individuals with Disabilities Education Act (an “IEP”) or a Plan under Section 504 of the Rehabilitation Act of 1973 (a “Section 504 Plan”), the investigation shall include a determination of whether the student’s receipt of a free appropriate public education (“FAPE”) under the IEP or Section 504 Plan may have been affected by the bullying.

• All principals shall promote a positive climate and culture in their schools that includes educating students and staff about bullying prevention and appropriate responses to bullying.

In many cases, bullying involves misconduct that is also addressed in other District policies and regulations. In dealing with students who engage in bullying, the building principal or principal’s designee shall consider other policies and regulations that specify various options for responding to student misconduct and that address the type of misconduct that may be involved in the bullying. Such policies and regulations include but are not limited to JBB, JICA, JICF, JICI, JK, JKC, JKBA, JKD/JKE and JKDA/JKEA.

If it is determined that a student’s receipt of FAPE under an IEP or Section 504 Plan may have been affected by bullying, the District shall promptly convene the student’s IEP team or Section 504 team to determine whether and to what extent: (a) the student’s educational needs have changed; (b) the bullying impacted the student’s receipt of FAPE; and (c) different or additional services are needed to ensure the student’s ongoing receipt of FAPE. If different or additional services are needed, the student’s IEP or Section 504 Plan shall be promptly revised and implemented.

Discipline for student bullying and for retaliation against students who report bullying may include suspension, expulsion and/or disciplinary classroom removal. In addition, the building principal shall consider other actions that may be appropriate in response to student bullying, including but not limited to:

• Holding assemblies and implementing programs to warn students that bullying is prohibited and advise them of the consequences for engaging in bullying activity, to encourage all students to immediately report incidences of student bullying, and to engender an atmosphere where bullying is not tolerated at school or school-related activities.

• Holding conferences with the parents of students who continue to engage in bullying after intervention by school personnel, in order to develop cooperative strategies to correct the students’ behavior.

• Separating students who continue to engage in bullying after intervention by school personnel from other students at school or from particular school programs or activities, until they can conform their behavior to acceptable standards.

• Withholding privileges (i.e., recess, field trips, participation in extracurricular activities, etc.) from students who continue to engage in bullying after intervention by school personnel, until they can conform their behavior to acceptable standards.

• Holding training and inservices to assist building staff in being alert to student bullying, taking appropriate action when bullying occurs and helping to engender an atmosphere where bullying is not tolerated at school or school-related activities.

Policy JICH: Student Conduct Involving Drugs and Alcohol (PDF)

Poudre School District shall promote a healthy environment for students by providing education, support and decision-making skills in regard to alcohol, drugs and other controlled substances. In order to accomplish this goal, District personnel shall cooperate with law enforcement, social services and other agencies and organizations, parents, and any other recognized community resources committed to reducing the incidents of unauthorized use of drugs and alcohol by students.

Definitions
For purposes of this Policy, these terms have the following meanings:

• “Drugs” are all substances defined under state or federal law as “drugs” or “controlled substances,” as well as analogues, counterfeit drugs and substances falsely represented as being drugs. As used in this policy, an “analogue” is a substance that has a stimulant, depressant, hallucinogenic or other effect on a person similar to that of a drug or controlled substance.

• “Authorized drugs” are defined as over-the-counter and prescription drugs, including vitamins and other dietary supplements, that are properly possessed and used by the person for whom they are intended in accordance with all applicable District policies and regulations including but not limited to District Policy JLCD.

• “Unauthorized drugs” are all drugs not defined herein as authorized drugs.

• “Marijuana” is considered a drug for the purposes of this Policy but is defined separately from the definitions of an authorized or unauthorized drug.

• “Purchasing,”“distributing,”“exchanging,”“giving” or “selling,” refer to a student’s involvement in the exchange of drugs or alcohol for anything of value, including but not limited to money, commodities or services. There need be no use or intent to use the drugs or alcohol involved in the sale.

•  “Parent” also includes a student’s guardian or legal custodian.

• “Suspensions” are in school suspensions or out of school suspensions at the discretion of the principal.

Student possession of drug paraphernalia and possession, use, distribution, gift, purchase, exchange, sale or being under the influence of alcohol or unauthorized drugs is prohibited on all District property, on all District vehicles, at all District or school- sponsored activities or events, and off District property when such conduct has a reasonable connection to school or any District curricular or non-curricular activity or event. Compliance with the standards of conduct set forth in this policy is mandatory for all students.

District and school staff shall educate students on the detrimental impacts of alcohol and drugs and equip students with decision-making strategies and skills to minimize the use, abuse and distribution of these products.

Enforcement of this policy shall be done equitably, equally, and consistently. No student shall be subjected to a more severe consequence on the basis of the student’s race, color, creed, national origin, ancestry, sex, sexual orientation, gender identity, gender expression, marital status, age or disability.

As required by Colorado law, primary caregivers are permitted to administer medical marijuana in a nonsmokeable form to students on District property and at District or school-sponsored activities and events in accordance with the terms and
conditions specified in District Policy JLCD. Notwithstanding any provision of this Policy JICH to the contrary, students shall not be considered in violation of this Policy JICH and shall not be subject to discipline for acting in compliance with Policy JLCD.

The principal will provide full cooperation of the administration and faculty in appropriate police investigations relative to student possession of drug paraphernalia and possession, use, distribution, gift, purchase, exchange or sale of alcohol or unauthorized drugs. School administrators and staff will follow the District’s procedures on referrals to or consultations with law enforcement.

Consequences for violation of this policy by:

• possession of alcohol, less than one gram of marijuana in its traditional/natural form, unauthorized drugs sold over the counter, or drug paraphernalia;
•  use and/or being under the influence of alcohol, marijuana, or unauthorized drugs sold over the counter:

(Note that possession of unauthorized drugs not sold over the counter, one or more grams of marijuana in its traditional/natural form, any amount of marijuana in its non-traditional/non-natural form (i.e., concentrates, edible, wax, etc.); use and/or being under the influence of unauthorized drugs not sold over the counter; and purchasing, distributing, exchanging, giving, or selling over- the-counter drugs or alcohol, may count toward the first, second or third offense under this section.)

First Offense
The student will be suspended from school for five (5) school days upon the first offense within one (1) calendar year. Up to four (4) days of this suspension may be deferred if the below steps are successfully completed.

• A parent conference will be held to discuss the student’s options.
• The school principal or designee will attempt to develop with the parent and the student a procedure that will outline the responsibilities of the parent, the student and the school in an effort to keep any further offenses from occurring.
• The student will be given the opportunity to participate in an appropriate drug and/or alcohol program, counseling, or both. Participation and completion of the program and/or counseling is required to maintain deferral of the remaining suspension days.

Second Offense

1. The student will be suspended from school for ten (10) school days and will be recommended for expulsion upon the second offense within one (1) calendar year. Up to nine (9) school days of the suspension may be deferred. If the below steps are successfully completed, the recommendation for expulsion will be waived and removed from the student’s disciplinary record.
2. A parent conference will be held to discuss the student’s options.
3. The student will be given the opportunity to complete any of the following:
   1. A District supported alcohol and/or drug education intervention program; or
   2. An alternative placement; or
   3. A non-District supported alcohol and/or drug education intervention program selected by the student and the student’s parent(s). The non-District supported program must be equivalent in content and length to the District program and must be agreed to by the student, the student’s parent and the building administrator. Any fees associated with a non-District supported program will be the sole responsibility of the student and the student’s parent.
4. If the student elects to participate in one of the options under Section 3, a written agreement will be completed with the Superintendent or designee, the school principal or designee, the student, and the student’s parent. The agreement must contain a provision that the remaining school days of suspension and recommendation to expel will be reinstated for the offense if the student fails to comply with the terms of the agreement. The student’s parent may be asked to provide a written release to the Superintendent or designee and/or the building principal or designee so that individual(s) can access information from the intervention/treatment program provider in order to verify the student’s participation in the intervention/treatment program.
5. If the student and the student’s parent do not enter into a written agreement, the procedures regarding suspension/ expulsion of students in Policy JKD/JKE and JKD/JKE-R will be followed.
    

Third Offense
The student shall be recommended for expulsion upon the third offense and all subsequent offenses within one (1) calendar year.

Consequences for violation of this policy by:

• possession of unauthorized drugs not sold over the counter or one or more grams of marijuana in its traditional/natural form, any amount of marijuana in its non-traditional/non-natural form (i.e., concentrates, edible, wax, etc.);
• use and/or being under the influence of unauthorized drugs not sold over the counter; and
• purchasing, distributing, exchanging, giving, or selling over-the-counter drugs or alcohol:

First Offense

1. The student will be suspended from school for ten (10) school days and will be recommended for expulsion upon the first offense within one (1) calendar year. Up to nine (9) school days of the suspension may be deferred. If the below steps are successfully completed, the recommendation for expulsion will be waived and removed from the student’s disciplinary record.
2. A parent conference will be held to discuss the student’s options.
3. The student will be given the opportunity to complete any of the following:
   1. A District supported alcohol and/or drug education intervention program; or
   2. An alternative placement; or
   3. A non-District supported alcohol and/or drug education intervention program selected by the student and the student’s parent(s). The non-District supported program must be equivalent in content and length to the District program and must be agreed to by the student, the student’s parent and the building administrator. Any fees associated with a non-District supported program will be the sole responsibility of the student and the student’s parent.
4. If the student elects to participate in one of the options under Section 3, a written agreement will be completed with the Superintendent or designee, the school principal or designee, the student, and the student’s parent. The agreement must contain a provision that the remaining school days of suspension and recommendation to expel will be reinstated for the offense if the student fails to comply with the terms of the agreement. The student’s parent may be asked to provide a written release to the Superintendent or designee and/or the building principal or designee so that individual(s) can access information from the intervention/treatment program provider in order to verify the student’s participation in the intervention/treatment program.
5. If the student and the student’s parent do not enter into a written agreement, the procedures regarding suspension/ expulsion of students in Policy JKD/JKE and JKD/JKE-R will be followed.

Second Offense
The student shall be recommended for expulsion upon the second offense and all subsequent offenses within one (1) calendar year.
Consequence for violation of this policy by purchasing, distributing, exchanging, giving, or selling all drugs except for those sold over the counter:

First Offense

1. The student shall be considered for expulsion for the first offense.
2. The principal may request or recommend to the superintendent or designee a different consequence, depending on the circumstances of the offense.

Second Offense
The student shall be recommended for expulsion for the second and all subsequent offenses within one (1) calendar year.

Policy JICI: Student Conduct Involving Weapons (PDF)

The Board of Education has determined that student possession, use and/or threatened use, without the authorization of the school or the District, of a dangerous weapon or of a knife regardless of blade length on District property, on a District vehicle, at a District or school-sponsored activity or event, or off District property when such conduct has a reasonable connection to school or any District curricular or non-curricular activity or event, is detrimental to the welfare and safety of students and school personnel.

Student possession, use and/or threatened use, without the authorization of the school or the District, of a dangerous weapon or of a knife regardless of blade length is prohibited on all District property, on all District vehicles, at all District or school-sponsored activities or events, and off District property when such conduct has a reasonable connection to school or any District curricular or non-curricular activity or event.

Student possession, use and/or threatened use of a dangerous weapon or of a knife regardless of blade length in violation of this policy is grounds for suspension or expulsion. In accordance with federal law, expulsion for no less than one full calendar year shall be mandatory for a student who is determined to have brought a firearm to school or to have possessed a firearm at school. The superintendent may modify the length of this federally required expulsion in writing on a case-by-case basis.

As used in this policy, “dangerous weapon” means:

• A firearm, whether loaded or unloaded.
• A firearm facsimile that could reasonably be mistaken for an actual firearm.
• Any pellet, BB gun or other device, whether operational or not, designed to propel projectiles by spring action or compressed air.
• A fixed blade knife with a blade that measures longer than three inches in length or a spring-loaded knife or pocket knife with a blade that measures longer than three and one-half inches in length. The length of all knife blades under this policy shall be measured from the tip of the blade to the “hilt” or handle of the knife.
• Any object, device, instrument, material or substance, whether animate or inanimate, used or intended to be used to inflict death or serious bodily injury, including but not limited to a slingshot, bludgeon, brass or spiked knuckles or artificial knuckles of any kind, and nunchucks.

As used in this policy in accordance with federal law, “firearm” means: (1) any weapon (including a starter gun) that will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (2) the frame or receiver of any such weapon; (3) any firearm muffler or firearm silencer; or (4) any destructive device. As used in this policy in accordance with federal law, “destructive device” means: (1) any explosive, incendiary, or poison gas (bomb, grenade, rocket having a propellant charge
of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or device similar to those in the preceding list); (2) any type of weapon that will or that may be readily converted to expel a projectile by the action of an explosive or other propellant, and that has any barrel with a bore of more than one-half inch in diameter; or (3) any combination of parts either designed or intended for use in converting any device into a “destructive device” (as previously defined) and from which a “destructive device” (as previously defined) may be readily assembled.

School administrators, officials and employees may confiscate any weapons or other articles detrimental to the health, safety or welfare of students and/or staff, and may submit the weapon or article to the appropriate law enforcement agency.

In accordance with applicable law, District personnel shall refer any student to law enforcement who brings a firearm or other weapon onto District property without authorization of the school or the District.

Policy JIH: Searches (PDF)

The District prioritizes the health, safety and welfare of students, staff, and members of the community. When appropriate to ensure the safety and welfare of students, staff, and members of the community, school administrators or designees may search a student, a student's personal effects, student lockers, desks or other student storage areas, or automobiles under the circumstances outlined below and may immediately take possession of any illegal or unauthorized materials discovered in the search. A search may be conducted off school grounds at a District curricular or non-curricular activity or event.

As used in this policy, the term "unauthorized" means any item dangerous or detrimental to the health, safety or welfare of students or school personnel; disruptive of any lawful function, mission or process of the school; or any item described as unauthorized in then-current school rules or District policies.

A student's failure to permit lawful searches and seizures as provided in this policy will be considered grounds for disciplinary action.

For the purposes of this policy, “reasonable suspicion” is based on facts provided by a reliable third party or personal observations which cause the employee to believe there is a moderate chance of finding that a student possesses evidence of a violation of District policy, school rule, state or federal laws, or possesses items an unauthorized item as defined above. Reasonable suspicion is satisfied when two conditions exist: (1) the search is justified at its inception, meaning there are specific and articulable facts and reasonable inferences for suspecting that the search will reveal evidence that the student has violated District policy, school rule, or state or federal law; and (2) the search is reasonably related in scope to the circumstances that justified the search and the search is not excessively intrusive in light of the student’s age, gender, and nature of the offense. 

Lockers, Desks or Other Student Storage Area Searches

Student lockers, desks, or other school owned-student storage areas are school property and remain at all times under the control of the school; however, students are expected to assume full responsibility for the contents and security of their lockers, desks, or other student storage areas. General inspections of the contents of the locker, desk, or other student storage area may be conducted by a school administrator or designee for any reason at any time without notice, without student consent, and without a search warrant.

Automobile Searches

Each school retains the authority to patrol its student parking lots, and all vehicles parked in student lots are subject to sniffs by dogs trained to alert at the scent of drugs, explosives and other illegal or unauthorized materials. In addition, the interiors and trunks of all vehicles parked by students at school may be searched upon reasonable suspicion that they contain items or substances illegal for students to possess or items or substances which District policy or regulations prohibit from being on school property. Failure to allow the search of a vehicle's interior or trunk under these circumstances will be considered grounds for disciplinary action.

 

Personal Searches

A student's person and/or personal effects in the student’s possession (e.g., purse, backpack, etc.) may be searched whenever a school employee has reasonable suspicion to believe that the student is in possession of illegal or unauthorized materials and/or whenever a school employee has reasonable suspicion to believe that personal effects not in the student’s possession contain illegal or unauthorized materials. A student's failure to permit lawful searches as provided in this section will be considered grounds for disciplinary action.

If a safety check and/or search of a student's person or personal belongings is conducted, it will be conducted in private in the presence of an administrator or designee and at least one other District employee. If a safety check is ongoing, the student will be initially asked for their preference on a trusted administrator or designee to be present. Such request will be honored to the extent possible, provided limitations may occur due to day-to-day circumstances.  

If the school administrator or designee has reasonable suspicion to believe that a more intrusive search is warranted beyond the removal of outer clothing such as a coat, jacket, shoes or socks, the search shall be referred to and conducted by a law enforcement officer, in accordance with the current standard operating procedures, and the school administrator or designee shall not participate in the search. In addition, if a school employee has reasonable suspicion to believe that a student is in possession of a weapon, law enforcement or a school resource officer shall be immediately contacted to conduct or be present at the search, if possible, in accordance with the current standard operating procedures.

 

Use of Metal Detectors

When a school administrator or designee has a reasonable suspicion that weapons or other illegal or unauthorized materials are in the possession of students or adults at school or in other District facilities, when there has been a pattern of weapons or other illegal or unauthorized materials found at school or in other District facilities, or when violence involving weapons has occurred at school or other District facilities, school administrators or designees will be authorized to use stationary or handheld metal detectors in accordance with state and federal law. Any search of a student's person as a result of the activation of the detector will not be conducted in front of other students, will be conducted as privately as possible, and will be in accordance with applicable laws on personal searches.

Any non-District person wishing to enter a District school or other facility when any of the above conditions have been found to exist may be required to consent to the use of a stationary or handheld metal detector before entering, in accordance with state and federal law. Any non-District person refusing to give such consent may be refused admittance to the District school or other facility, or may be subject to supervision while on District property.

 

Evidence Seized in a Search

Any item found in the course of a search conducted in accordance with this policy and determined to be evidence of a violation of District policy, school rules, or federal, state or local laws shall be immediately seized and tagged for identification. Such evidence shall be kept in a secure place by a school administrator or designee. If necessary, such evidence may be secured by law enforcement in accordance with the standard operating procedures between the District and law enforcement agencies. Otherwise, the evidence will be maintained by a school administrator or designee until it is no longer needed as evidence in a school disciplinary matter. After that time, the parent/guardian/caregiver of the student from whom the item was seized may be informed that they can pick up the seized item. Alternatively, the administrator or designee may choose to dispose of the item at their sole discretion.

Policy JKA: Physical Intervention, Restraint, Seclusion and Time-Out (PDF)

As provided by rule of the State Board of Education at 1 C.C.R. 301-45, § 2620-R-2.07, the process for filing a complaint regarding the use of restraint or seclusion with respect to a District student is set forth on the District’s website on the Student Restraint and Seclusion web page. 

In order to maintain a safe environment conducive to learning, District employees may, within the scope of their employment and to the extent their actions comply with governing law, use physical intervention, restraint, seclusion and time-out with students as provided in this policy. Such actions shall not be considered child abuse or corporal punishment if performed in good faith and in compliance with this policy.
 

Physical Intervention

Corporal punishment shall not be administered to any student by any District employee. However, it shall be permissible under this policy for District employees within the scope of their employment (including involvement in extracurricular activities) to physically intervene with a student in a manner that does not constitute “restraint” as defined under this policy as reasonably necessary to protect persons or property, prevent an act of wrongdoing and/or maintain student discipline.

Restraint, Seclusion and Time-Out

As used in this policy, the following definitions shall apply:

• “Bodily injury” means physical pain, illness or any impairment of physical or mental condition.

• “Positional asphyxia” means an insufficient intake of oxygen as a result of body position that interferes with one’s ability to breathe.

• “Restraint” means any method or device used to involuntarily limit a student’s freedom of movement, including bodily physical force, mechanical devices, chemicals and seclusion.
  • “Restraint” does not include use of the following devices, which are permissible: (1) devices recommended by a physician, occupational therapist or physical therapist and agreed to by the student’s IEP team or Section 504 team and used in accordance with the student’s IEP or Section 504 Plan; (2) protective devices such as helmets, mitts and similar devices used to prevent self-injury and in accordance with the student’s IEP or Section 504 Plan; (3) adaptive devices to facilitate instruction or therapy and used as recommended by an occupational therapist or physical therapist, and consistent with the student’s IEP or Section 504 Plan; or (4) positioning or securing devices used to allow treatment of the student’s medical needs.
  • “Restraint” does not include the following actions, which are permissible: (1) holding of the student in a position other than a face-down position for less than five minutes by a District employee for protection of the student or other persons, including cases where the student’s abuse or destruction of property creates a probable, imminent threat of bodily injury to the student or to other persons; (2) brief holding of the student by a District employee in a position other than a face-down position for purposes of calming or comforting the student; (3) minimal physical contact for the purpose of safely escorting the student from one area to another; (4) minimal physical contact for the purpose of assisting the student in completing a task or response; or (5) the use of time-out as defined in this policy.
•  “Seclusion” means the placement of a student alone in a room from which the student’s egress is involuntarily prevented, but does not include the use of time-out as defined in this policy.

• “Time-out” means both non-exclusionary time-out (removal of social reinforcers such as teacher or classmate attention, physical contact or verbal interaction, or removal of materials with which student has been interacting) and exclusionary time-out at three levels: (1) CONTINGENT OBSERVATION - removal of student from current environment to another location in the room or setting from which student can observe but not participate in the ongoing instruction or other activity; (2) EXCLUSION TIME-OUT - removal of student from current environment to another location in the room or setting where student cannot observe the ongoing instruction or activity; and (3) ISOLATION TIME-OUT - isolation of student from all probable reinforcers by being placed in a different room with adequate lighting, no smaller than 6 feet x 6 feet with normal ceiling height and a non-injurious environment; under the constant supervision of a qualified employee who remains in the room at all times, or if the student is in the room alone egress is not prevented.

 

Time-Out

Non-exclusionary and exclusionary time-out may be used by authorized District employees to address inappropriate student behavior.
In addition to being placed in a non-exclusionary or exclusionary time-out by an authorized District employee, a student may, pursuant to an IEP, Section 504 Plan, behavior plan or otherwise with the permission of an authorized employee, voluntarily assume a time-out to regain control and/or reflect on behavior at a location or in a room from which egress is not prevented.

 

Restraint

District employees shall not use restraint with any student by means of mechanical devices or chemicals, and shall not use restraint that involves holding the student in a
Page 3 of 5 face-down position, except that mechanical restraints and restraints in a face-down position are not prohibited with respect to students who are openly displaying a deadly weapon, as defined by Colorado statute. However, it shall be permissible under this policy for District employees, within the scope of their employment (including involvement in extracurricular activities), to use the amount of physical force for the period reasonably necessary to restrain a student in a position other than a face-down position in situations where the student poses a serious, probable and imminent threat of bodily injury to himself/herself or to others, with the present ability to effect such bodily injury. It shall also be permissible for District employees, within the scope of their employment, to use the amount of physical force for the period reasonably necessary to restrain a student in a position other than a face-down position in situations where the student’s abuse or destruction of property creates such a threat. Physical restraint under these circumstances should only be used after the failure of less restrictive alternatives (such as positive behavior supports, constructive and non-physical de-escalation, or restructuring the student’s environment), or a determination that such alternatives would be inappropriate or ineffective under the circumstances. The provisions of this policy concerning restraint shall not apply while the District is engaged in transporting a student from one facility or location to another facility or location.

When restraints are used, the District shall ensure that:

• No restraint is administered in such a way that the student is inhibited or impeded in breathing or communicating.
• No restraint is administered in such a way that places excess pressure on the student’s chest or back, or causes positional asphyxia.
• Restraints are administered only by District employees who have received training as provided in this policy.
• Opportunities to have the restraint removed are provided to the student if and when the student indicates that he or she is willing to cease the violent or dangerous behavior.
• A physically restrained student is continuously monitored to ensure that the student’s breathing is not compromised.
• A student is released from physical restraint within fifteen minutes after the initiation of the restraint, except when precluded for safety reasons.
• Back-up support is called if the restraint being used appears ineffective in de-escalating the student’s behavior.

 

Seclusion

It shall be permissible under this policy for District employees, within the scope of their employment, to place a student in seclusion when the student poses a serious, probable and imminent threat of bodily injury to himself/herself or to others, with the present ability to effect such bodily injury. It shall also be permissible for District employees, within the scope of their employment, to place a student in seclusion when the student’s abuse or destruction of property creates such a threat. Seclusion may only be used for that period of time when it is unsafe for another person to be in the same room with the student, and only if the student is placed in a room with adequate lighting, no smaller than 6 feet x 6 feet with normal ceiling height and a non-injurious environment, under the constant observation of a qualified employee immediately outside the room. Relief periods from seclusion shall be provided for reasonable access to toilet facilities.

 

Additional Considerations Regarding Restraint and Seclusion

Where the need for a student’s restraint or seclusion is reasonably foreseeable, staff should consider providing for it in the student’s IEP, Section 504 Plan and/or behavior plan. Restraint or seclusion should be used only for the period of time necessary to accomplish its purpose. Neither restraint nor seclusion should be used as a punitive form of discipline or as a threat to control or gain compliance of a student’s behavior.

 

Training

District employees who may use restraint against a student as defined in this policy shall be provided training that includes a continuum of prevention techniques; environmental management; a continuum of de-escalation techniques; nationally recognized physical management and restraint practices, including but not limited to techniques that allow restraint in an upright or sitting position and information about the dangers created by restraint in a face-down position; methods to explain the use of restraint to the student who is being restrained and to the student’s family; appropriate documentation and notification procedures; and retraining at a frequency of at least every two years.

 

Notification, Reporting and Review

If there is a reasonable probability that restraint or seclusion might be used with a particular student, a District employee must notify in writing the parent(s) or guardian, and if appropriate the student, of the restraint/seclusion procedures (including types of restraints) that might be used, specific circumstances in which restraint/seclusion might be used, and staff involved.

Within one school day after using restraint or seclusion, the responsible employee shall submit a written report of the incident to the principal or designee. The principal or designee shall notify the parent(s) or guardian of the incident involving restraint or
seclusion as soon as reasonably possible after it occurs, and shall determine what additional steps, if any, to take.

The principal or designee (or for students with disabilities, the IEP team or Section 504 team) shall review the conditions precipitating each use of restraint/seclusion and the District employee’s use of restraint/seclusion to ascertain whether appropriate procedures were followed, whether additional action or follow-up is required (including follow-up communications with the student and/or the student’s family), and whether alternative strategies may be more appropriate to minimize the future use of restraint. Such review may include consultation with the Director of Integrated Services.

A written report based on the foregoing review shall be transmitted to the parent(s) or guardian of the affected student within five calendar days of the incident, and a copy shall be placed in the student’s confidential discipline and/or other appropriate file. The written report shall include the antecedent to the student’s behavior (if known), a description of the incident, efforts made to de-escalate the situation, alternatives attempted (if any), the type and duration of restraint/seclusion used, injuries that occurred (if any), and the staff present and staff involved in administering the restraint.

A general review by the Superintendent or designee shall be conducted and documented in writing at least annually to ascertain that procedures concerning restraint and seclusion of students are appropriate. Such review shall include analysis of written reports concerning past incidents of restraint/seclusion; training needs of staff; staff-to-student ratio; and environmental considerations including physical space, student seating arrangements and noise levels.

Policy JK: Student Discipline (PDF)

The objective of disciplining any student is to help the student develop and maintain self-control, respect for others and socially acceptable behavior. All policies and procedures regarding student discipline shall be designed to achieve these broad objectives. Disorderly students shall be dealt with in a manner that allows other students to learn in an atmosphere which is safe, conducive to the learning process and free from unnecessary disruptions.

The Board, in accordance with state law, has adopted a written student conduct and discipline code based upon the principle that every student is expected to follow accepted rules of conduct and to show respect for persons in authority. The code also emphasizes that certain behavior, especially behavior that disrupts the classroom, is unacceptable and may result in disciplinary action. Restorative justice shall be considered in appropriate circumstances and may be utilized to address the consequences of student misconduct, as determined by the District. As defined by Colorado law, “restorative justice” involves practices that emphasize repairing the harm to victims and/or the school community caused by a student’s misconduct.

The District shall enforce the code so that students demonstrating unacceptable behavior and their parents, guardians, or legal custodians understand that such behavior shall not be tolerated and shall be dealt with according to the code. To the extent practicable within budgetary constraints, the District shall develop and implement plans for the appropriate use of prevention, intervention, restorative justice, peer mediation, counseling and/or other approaches to help students avoid unacceptable behavior and to minimize their exposure to the criminal and juvenile justice system.

Expulsion Prevention
Except in cases of the most serious misconduct, expulsion should normally be the last step taken after other attempts to deal with students who have discipline problems. The District shall provide students who are identified as at risk of suspension or expulsion with the necessary support services to help them avoid expulsion. In doing so, District personnel shall work with the student’s parent or guardian. Support services may be provided through agreements with appropriate local governmental agencies, community-based organizations, and institutions of higher education.

The District’s failure to identify a student for participation in an expulsion prevention program, to provide support services or to remediate a student’s behavior shall not be grounds to prevent school personnel from proceeding with appropriate disciplinary measures and shall not be grounds for the student or his/her family to challenge any disciplinary action that may be taken against the student.

Disciplinary Information
In accordance with state law, the principal or designee is required to communicate disciplinary information concerning any student enrolled in the school to any teacher who has direct contact with the student in the classroom and to any counselor who has direct contact with the student. The purpose of this requirement is to keep school personnel apprised of situations that could pose a risk to the safety and welfare of others.

Any teacher or counselor to whom disciplinary information is reported shall maintain the confidentiality of the information and shall not communicate it to any other person. The principal or designee is required to inform the student and the student’s parent or guardian when disciplinary information is communicated and to provide a copy of the disciplinary information. The student and/or the student’s parent or guardian may challenge the accuracy of disciplinary information.

Discipline of Students with Disabilities
Students with disabilities under the Individuals with Disabilities Education Act (special education students) and students with disabilities under Section 504 of the Rehabilitation Act of 1973 (§ 504 students) are neither immune from the District’s disciplinary rules nor entitled to participate in programs when their conduct impairs the education of other students or disrupts the education process. Except as otherwise provided below, students with disabilities may be disciplined on the same grounds and under the same procedures as students who do not have disabilities. Regardless of whether their conduct is a manifestation of their disability, § 504 students currently engaging in the use of illegal drugs or in the use of alcohol may be disciplined for the use or possession of illegal drugs or alcohol to the same extent as non-disabled students. The principal or designee shall immediately remove a student with a disability from a situation in which the student poses a threat of physical harm to himself or herself, or to other persons, by placing the student in an appropriate alternative setting or by suspending the student, as set forth below.

A special education or § 504 student may be temporarily removed to an alternative educational setting or temporarily suspended from school if exclusion is warranted because the student has violated the District code of conduct and/or because the student’s behavior or presence at school creates a threat of physical harm to the student, other students, school personnel or school property. Such temporary removals or suspensions may not exceed 10 consecutive school days, unless the student’s conduct is not a manifestation of his or her disability. A series of such temporary removals or suspensions, each shorter than 10 consecutive school days, may not aggregate to more than 10 school days during a school year or during a single placement within the school year if the removals/suspensions collectively constitute a change of placement, unless the student’s conduct is not a manifestation of his or her disability.

In accordance with governing law, the IEP or § 504 team may change a disabled student’s placement to an appropriate interim alternative educational setting for not more than 45 school days if the student has carried or possessed a weapon at school or at a school function; if the student knowingly possessed, used, sold or solicited the sale of a controlled substance while at school or at a school function; if the student has inflicted serious bodily injury upon another person while at school or at a school function; or if a hearing officer so orders. Such placement in an interim alternative educational setting is permissible even if the disabled student’s conduct was a manifestation of his or her disability. During such placement, special education and § 504 students (except § 504 students whose conduct is not a manifestation of their disability) must continue to receive educational services as determined by the IEP or § 504 team.

Students with disabilities may not be expelled, suspended or otherwise removed to another setting in excess of 10 consecutive school days, or subjected to a series of shorter suspensions or removals during the school year (or during a single placement within the school year) that taken collectively constitute a change of placement, unless a determination has been made by a duly convened IEP or § 504 team that the misconduct constituting grounds for expulsion, suspension or removal longer than these specified periods was not a manifestation of the student’s disability (this provision does not apply to placement in an appropriate interim alternative educational setting, as provided in the immediately preceding paragraph). If the IEP or § 504 team determines that the student’s conduct was a manifestation of the student’s disability, the expulsion, suspension or removal may not exceed the periods specified in the first sentence of this paragraph and the appropriateness of the student’s IEP or § 504 plan shall be reviewed and necessary revisions shall be made, in accordance with governing law. If the IEP or § 504 team determines that the student’s conduct was not a manifestation of the student’s disability, the student may be expelled, suspended or removed for longer than the periods specified in the first sentence of this paragraph. During such periods of expulsion, suspension or removal special education students, but not § 504 students, must continue to receive educational services as determined by the IEP team.

Within 10 days of an expulsion, suspension or removal in excess of the periods specified in the first sentence of the immediately preceding paragraph, the IEP team shall either develop a functional behavioral assessment of the special education student, develop a behavioral intervention plan for the special education student, or review and modify the special education student’s existing behavioral intervention plan, as appropriate.

District special education or § 504 personnel, and/or legal counsel, shall be consulted prior to a special education or § 504 student’s expulsion, or suspension or other removal in excess of 10 school days, for misbehavior that has been determined not to be a manifestation of the student’s disability.

Policy JKBA: Disciplinary Removal from Classroom (PDF)

Teachers may initiate the disciplinary removal of students from their classrooms for willful behavior that causes a material and substantial disruption of the class. As used in this policy, “disciplinary removal” means the removal of a student from the teacher’s classroom to another location at the school after the day on which the disruptive behavior occurs. For the first two incidences of such behavior during the grading term for the class (i.e., hexter, quarter, semester), the duration of the student’s removal shall be from one to three days. For the third and subsequent incidences of such behavior during the grading term for the class, the duration of the student’s removal shall be from one day to the end of the grading term. With respect to all disciplinary removals of students from a teacher’s classroom, the following rules and procedures shall apply:

• Teachers may issue office referrals to students and otherwise exclude them from class activities without having the incident classified as a disciplinary removal under this policy, in accordance with school rules. All disciplinary removals under this policy shall be documented in student discipline files, and may be counted toward declaring the student habitually disruptive under District Policy JKC.

• The principal of each school shall establish one or more locations at their school where students on disciplinary removal from teachers’ classrooms shall go during the period of removal. Such location(s) shall be appropriately supervised and shall be suitable for students to do the schoolwork they are assigned.

• Prior to imposing a disciplinary removal, the teacher shall consult with the principal or principal’s designee to ensure that it is an appropriate consequence for the student’s behavior. If not, the principal or principal’s designee shall determine the appropriate consequence. If so, the teacher and the principal or principal’s designee shall determine the duration of the contemplated removal in accordance with this policy. In case of disagreement, the principal or principal’s designee shall make the final determination.

•  Prior to imposing a disciplinary removal, the teacher and the principal or principal’s designee shall advise the student of the reason for and the duration of the contemplated removal, and provide the student with an opportunity to respond to the charges and explain his/her behavior.

• The first time a student receives a disciplinary removal during the grading term for the class, the teacher and the principal or principal’s designee shall develop a behavior plan for the student. The second time a student receives a disciplinary removal during the grading term for the class, the teacher and the principal or principal’s designee shall review and if necessary revise the student’s behavior plan. The behavior plan shall include a statement that if the student receives a third or subsequent disciplinary removal during the grading term for the class, the removal may remain in effect through the end of the grading term. In case of disagreement regarding the content of a behavior plan, the principal or principal’s designee shall make the final determination.

• As soon as possible after imposing a disciplinary removal, the principal or principal’s designee shall contact the student’s parent/guardian to request his/her presence at a conference with the student, teacher and principal or principal’s designee to discuss the student’s behavior, the disciplinary removal and the behavior plan developed for the student. The parent/ guardian shall receive a copy of each behavior plan developed or revised for the student.

• Students who receive disciplinary removals shall be given assignments and other coursework to be completed during the period of their removal. For disciplinary removals through the end of the grading term, students shall be given assignments and other coursework, quizzes and exams to be completed during the period of their removal so as to allow them to complete and receive appropriate credit for the course from which they were removed.

• The ability to impose a disciplinary removal of a student with a disability shall be subject to governing law and to the terms and conditions of the student’s IEP or § 504 plan.
   

Policy JKC: Discipline of Habitually Disruptive Students (PDF)

Definitions

• “Habitually disruptive student” means a student who has caused a material and substantial disruption on school grounds, at a District-sanctioned activity or event or in a District vehicle three or more times during the course of a school year.

• “Material and substantial disruption” means behavior that is considered in the view of the principal or designee to cause a serious interference with the orderly operation of the school or the school’s ability to provide educational opportunities to the student or others, including behavior detrimental to the welfare or safety of others.

• “Parent” means a student’s parent, legal guardian or legal custodian.
   

Intervention Procedures

• The student and his or her parent(s) shall be notified in writing of each disruption counted towards declaring the student as habitually disruptive, and shall be notified in writing and by telephone or other means of the definition of “habitually disruptive student” and the potential consequences of being designated as a habitually disruptive student.

•  After the first or second disruption counted towards declaring the student as habitually disruptive, a behavior plan may be developed by the principal or designee with the assistance of the student’s teacher(s) and any other District personnel involved. The principal or designee shall encourage and solicit the full participation of the student’s parent(s) in the development of any such behavior plans.

•  If a behavior plan is developed, it should address the student’s disruptive behavior and the goal of keeping the student in school as well as the goals, objectives and timelines for modifying the disruptive behavior. The plan should also inform the student of the consequences in the event he or she continues to engage in disruptive behavior in violation of the plan. Such consequences may include discipline, including suspension or expulsion, as provided in the student conduct code or as provided by the rules and regulations of the school.

•  The student and his or her parent(s) and the school personnel responsible for carrying out the behavior plan should be provided a copy of the plan, and a copy should also be placed in the student’s file.

• Further instances of disruptive behavior that cause a material and substantial disruption shall be dealt with in accordance with the behavior plan, if one has been developed.

Consequences of a Student Being Determined to be a Habitually Disruptive Student
If a student is determined to be a habitually disruptive student in accordance with this policy, the principal or designee, after reviewing the student’s file, prior incidents and the remedial discipline plan (if any) may suspend the student or initiate proceedings for expulsion of the student.
 

Policy JKD/JKE: Suspension/Expulsion of Students (PDF)

In matters involving student behavior that may or will result in the suspension or expulsion of a student, a parent, guardian, or legal custodian shall be notified and involved to the greatest practicable extent in the disciplinary procedures. In all cases of suspension or expulsion, students shall be afforded due process of law through written procedures consistent with law for the suspension or expulsion of students and the denial of admission. (See District Policy JKD/JKE-R – Procedures Regarding Suspension/Expulsion of Students) 

Proportionate disciplinary interventions and consequences shall be imposed to address the student’s misconduct and maintain a safe and supportive learning environment for students and staff.

The Board or its designees shall consider all the following factors in determining whether to suspend or expel a student:

1. The student’s age;
2. The student’s disciplinary history;
3. The student’s eligibility as a student with a disability;
4. The seriousness of the violation committed by the student;
5. The threat posed to any student or staff; and
6. The likelihood that a lesser intervention would properly address the violation. 

A student shall not be expelled or denied admission unless the District, through the superintendent or designee, considers whether alternative remedies are appropriate and whether excluding the student from school is necessary to preserve the learning environment. 

For a student in preschool, kindergarten, first grade, or second grade, the Board or its designees  must make an additional finding that failure to remove the student from the school building through suspension and/or expulsion would create a safety threat that otherwise cannot be addressed and document any alternative behavioral and disciplinary interventions that it employs before suspending or expelling the student. 

 

Other Disciplinary Interventions/Alternatives to Suspension

The principal or designee may consider the following alternatives to out-of-school suspension or expulsion to address a student’s misconduct, in accordance with applicable law. The use of such interventions will vary, depending upon the facts and circumstances of each individual case. Such interventions shall be at the principal’s or designee’s discretion and may include:

• Detention
• In-school suspension
• Counseling
• Mental health support
• Participation in the District’s restorative justice/restorative practices program
• Referral to the juvenile assessment center for counseling or other services
• Participation in a behavioral or safety plan
• Permitting the student to remain in school on the condition that the student’s parent, guardian, or legal custodian attend class with the student for a period of time established by the principal or designee. The principal or designee shall consult with the student’s teachers and obtain their consent before implementing this alternative. If this alternative becomes disruptive when used, the school shall immediately terminate this option and suspend the student in accordance with District policy. If the student's parent, guardian or legal custodian does not agree or fails to attend class with the student, the principal or designee shall suspend the student in accordance with District policy.
• Other approaches to address the student’s misconduct that do not involve an out-of-school suspension or expulsion and minimize the student’s exposure to the criminal and juvenile justice system

These alternatives to suspension shall not be used if expulsion proceedings have been or are to be initiated, or if the principal or designee determines that the student's presence in school, even if accompanied by a parent, guardian, or legal custodian, would be disruptive to the operations of the school or be detrimental to the learning environment of other students.

Nothing in this policy limits the Board’s and its designees’ authority to suspend and/or expel a student as deemed appropriate by the Board and its designees. The decision to suspend and/or expel a student instead of providing an alternative to suspension or expulsion or the failure of an intervention to remediate the student’s behavior shall not be grounds to prevent the Board and its designees from proceeding with appropriate disciplinary measures, including but not limited to suspension and/or expulsion. 

 

Delegation of Authority

1. Students in third grade and higher grade levels: The Board of Education delegates to the school principal, or designee by written authority of the principal, the power to suspend a student in third grade and higher grade levels in that school for not more than five school days on the grounds stated in C.R.S. §§ 22-33-106(1)(a), (1)(b), (1)(c), (1)(c.5), (1)(e) or (1)(f), or not more than 10 school days on the grounds stated in C.R.S. §§ 22-33-106(1)(d), unless expulsion is mandatory under law (see JKDA/JKEA).

Students in preschool through second grade: The Board of Education delegates to the school principal, or designee by written authority of the principal, the power to suspend a student in preschool, kindergarten, first grade, or second grade in that school for not more than three school days on the grounds stated in C.R.S. 22-33-106.1(2), unless the principal or designee determines that a longer period of suspension is necessary to resolve the safety threat or expulsion is mandatory under law. 

2. The Board of Education delegates to the superintendent, or designee by written authority of the superintendent, the authority to suspend a student, in accordance with C.R.S. §§ 22-33-105 and 22-33-106.1(3), for another 10 school days, plus an additional 10 school days as necessary in order to present the matter to the Board of Education, but the total period of suspension shall not to exceed 25 school days.

 

Expulsion Authority

3. The Board of Education may conduct a hearing at which the question of expulsion is determined.
4. Unless otherwise determined by the Board of Education, the Board delegates to the superintendent the authority to deny admission or to expel students for any period not extending beyond one (1) year any student whom the superintendent, in accordance with the limitations imposed  by C.R.S. § 22-33-101 through -110, determines does not qualify for admission to or continued attendance at the public schools of the District. Any person serving as a hearing officer shall receive training on how to serve impartially, including avoiding prejudgment of the facts at issue and conflicts of interest in compliance with state law and the Department of Education requirements. 
5. The decision of the superintendent may, upon the written request of the student or the student's parent, guardian, or legal custodian, be appealed to the Board of Education.

 

Reports

Each building principal shall annually, in the manner and by the date specified by the State Board of Education, a written report to the Board of Education concerning the learning environment in their schools, containing, at a minimum, the information required by law in addition to any information deemed necessary by the Colorado Department of Education. 

The Board of Education shall annually compile the principals' reports from each school in the District and submit its compiled report to CDE, as required by law. The Board's compiled report shall also include the average size of each school in the District, calculated as the total number of students enrolled in the school divided by the number of full time teachers in the school. The Board's compiled report shall also be made available to the general public, but not in such a way as to disclose confidential personally identifiable student information in violation of state or federal law.

The Superintendent shall provide regular reports on each expulsion and denial of admission to the Board in compliance with state law. 

 

Information to Parents

Within five days of expelling a student, the District shall notify the student and the student’s parent, guardian, or legal custodian of the student's opportunity to receive educational services for expelled students.

Upon request of a student or the student's parent, guardian, or legal custodian, the District shall provide any educational services that are deemed appropriate by the District for any student who is expelled from the District. The services provided shall be designed to provide a second chance for the student to succeed in achieving an education. The District shall determine the amount of credit the student shall receive toward graduation for the educational services provided.

The District is not required to provide additional educational services to any student who is suspended or expelled while receiving educational services until the period of suspension or expulsion is completed. The District may provide services for a student who is expelled through agreements with local governmental agencies and managing state agencies, including the department of human services and the department of public health and environment; with community-based nonprofit organizations; with the department of military and veteran affairs; and public or private institutions of higher learning to provide appropriate services such as tutoring, counseling, drug treatment, family preservation, alternative education, or vocational education programs. If a student is expelled for the remainder of the school year and the student is not receiving educational services, the District will contact the student's parent, guardian, or legal custodian at least once every 60 days until the beginning of the next school year to determine whether the student is receiving educational services. The District need not contact the student's parent, guardian, or legal custodian after the student is enrolled in another school district or, in an independent or nonpublic school, or if the student is committed to the Department of Human Services or is sentenced pursuant to the Children's Code.

 

Expulsion for Unlawful Sexual Behavior or Crime of Violence 

When a petition is filed in juvenile court or district court that alleges a student at least twelve years of age but under eighteen years of age has committed an offense that would constitute unlawful sexual behavior as defined in C.R.S. § 16-22-102(9), or a crime of violence, as defined in C.R.S. § 18-1.3-406, if committed by an adult, basic identification information, as defined in state law, along with the details of the alleged delinquent act or offense, is required by law to be provided immediately to the school district in which the juvenile is enrolled. 

Once the Board receives the information, the Board or its designee shall determine whether the student has exhibited behavior that is detrimental to the safety, welfare, and morals of the other students or school personnel and whether educating the student in the school may disrupt the learning environment in the school, provide a negative example for other students, or create a dangerous and unsafe environment for students, teachers, and other school personnel. The Board delegates to the superintendent or superintendent’s designee the authority to make this determination.

If it is determined that the student should not be educated at school, the District may proceed to suspend or expel the student. Alternatively, the District may delay consideration of the student's suspension or expulsion pending the outcome of the juvenile court or district court proceedings, during which time the District shall provide the student with an appropriate alternate education program. The student shall not be permitted to return to the education program in the public school until there has been a disposition of the charge. If the student pleads guilty, is found guilty, or is adjudicated a delinquent juvenile, the District may proceed to expel the student. The time that a student spends in an alternate education program shall not be considered a period of suspension or expulsion.

 

Student’s Return to School Following an Expulsion

In accordance with state law, a student who has been expelled on grounds stated in

C.R.S. §§ 22-33-106 (1) (c), (1) (d), or (1.5) and has been convicted or adjudicated as a juvenile delinquent, received a deferred judgment, or placed in a diversion program for such conduct shall be prohibited from enrolling or re-enrolling in the same school in which the victim of the offense or member of the victim's immediate family is enrolled or employed. This does not apply to an offense that constitutes a crime against property. If the student cannot be placed in another school, the school may provide the expelled student with a schedule that avoids contact with the victim or the victim's immediate family members.

• Adopted by Board: April 1972 Revised by Board: February 1974 Revised by Board: June 1982 Revised by Board: August 1982 Revised by Board: June 1988 Revised by Board: November 1992 Revised by Board: December 1993
• Revised by Board to conform with practice: May 22, 1995 Revised by Board: August 14, 1995
• Revised by Board: August 12, 1996
• Revised by Board: June 22, 1998
• Revised by Board: August 14, 2000
• Revised by Board: October 11, 2004
• Revised by Board: April 23, 2007, effective July 1, 2007
• Revised by Board: May 26, 2009, effective July 1, 2009
• Revised by Board: June 9, 2020, effective July 1, 2020
• Revised by Board: May 27, 2025, effective July 1, 2025

 

CROSS REFERENCES:

• JKD/JKE-R – Procedures Regarding Suspension/Expulsion of Students 
• JLCB – Immunization of Students 
   

LEGAL REFERENCES:

• C.R.S. 16-22-102(9) (unlawful sexual behavior)
• C.R.S. 18-1.3-406 (crime of violence) 
• C.R.S. 22-32-109.1(2) (safe school plan)
• C.R.S. 22-32-144 (restorative justice practices)
• C.R.S. 22-33-105 (suspension, expulsion and denial of admission)
• C.R.S. 22-33-106 (grounds for suspension, expulsion and denial of admission)
• C.R.S. 22-33-106.1 (suspension and expulsion for students in preschool through second grade)
• C.R.S. 22-33-107 (compulsory attendance law)
• C.R.S. 22-33-108 (juvenile judicial proceedings)

Policy JKD/JKE-R: Procedures Regarding Suspension/Expulsion of Students (PDF)

Suspension Procedure

The following procedures shall be followed in any suspension, unless the student is suspended pending an expulsion proceeding, in which case the expulsion procedures below shall apply. 

1. Notice. The principal or designee at the time of contemplated action shall give the student and/or parent, guardian, or legal custodian notice of the contemplated action.  The notice will include the following basic information

• A statement of what the student is accused of doing; and 
• The basis for the allegation. 

This information need not be set out formally but should sufficiently inform the student of the basis for the contemplated action. 

2. Due Process Meeting. The student shall have an opportunity to explain the student’s position regarding the student’s alleged conduct. The student may call witnesses, at the school principal or designee’s discretion. The school principal or designee may call witnesses. In the event of contradictory statements, the school authorities should attempt to ascertain the facts before disciplinary action is taken. 

The notice and due process meeting should precede removal of the student from school. There need be no delay between the time notice is given and the time of the meeting. However, notice and the meeting need not occur prior to removal from school where a student’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process. In this case, the meeting will follow as soon after the student’s removal as practicable.  

3. Notification following Suspension. If a decision is made to suspend a student, the student and student’s parent, guardian, or legal custodian shall be notified immediately as soon as reasonably possible. The principal or designee shall also send a letter to the parent, guardian or legal custodian and the student explaining the action taken, stating the days during which the suspension will be in effect and inviting the parent, guardian or legal custodian to meet with the principal or designee for the purpose of discussing the matter. The principal or designee shall make a reasonable effort to meet with the parent, guardian, or legal custodian of the student during the period of suspension.

4. Removal from School Grounds. A suspended student shall be required to leave the school grounds immediately after the parent, guardian, or legal custodian and the principal or designee have determined the best way to transfer custody of the student to the parent, guardian, or legal custodian. Law enforcement authorities may be involved in removal of students in accordance with state law, when there are reasonable grounds to believe that the student has committed a delinquent act by violation of any statute, county or municipal ordinance, or by lawful order of the juvenile court.

7. Readmittance. A suspended student shall not be readmitted to school until the student's parent, guardian, or legal custodian has met with the principal or designee to discuss the nature of the suspension or if, in the judgment of the principal or designee, the parent, guardian, or legal custodian has substantially agreed to review the suspension. However, the school will not extend the period of suspension because of the failure of the suspending authority to meet with the parent, guardian, or legal custodian. If the suspending authority cannot contact the parent, guardian, or legal custodian or if the parent, guardian, or legal custodian repeatedly fails to appear for scheduled meetings, the student may be readmitted. 

8. Make-Up Work. The school will provide an opportunity for the student to make up schoolwork during the period of suspension for full credit, to allow the student to reintegrate into the educational program following suspension. 

9. Damages to Property. The principal has the right to assess damages to school property and collect for the Board a reasonable sum as established by the District, from the student and/or the parent, guardian, or legal custodian.

10. Recommendation for Additional Action. Any student conduct requiring additional action beyond the building administrator's initial period of suspension is to be reported to the appropriate assistant superintendent with a complete report and, if warranted, a recommendation for expulsion.
 

Expulsion Procedure 

1. Notice. The student and the student's parent, guardian, or legal custodian shall be given written notice of the reasons alleged for the contemplated action, which must be one or more of those set forth as grounds for expulsion under District policy and state law.

2. Hearing Request. If the student and the student's parent, guardian, or legal custodian wish to request a hearing regarding the expulsion, they must do so within the timeframe noted in the notice of hearing. Failure to request a hearing within the specified timeframe will result in a waiver of the right to a hearing. 

3. Records. At least two school days prior to the expulsion hearing, all records the school intends to use as supporting evidence must be provided to the student or the student’s parent, guardian, or legal custodian. If a record is discovered or made available after the deadline, the record must be provided to the student or the student’s parent, guardian, or legal custodian as soon as possible. 

4. Conduct of Hearing. If a hearing is requested by the parent, guardian, or legal custodian, the hearing will be conducted by a hearing officer who does not have a conflict of interest regarding the student or any alleged victim. The hearing officer will determine whether the school district has shown, through a preponderance of the evidence, that the student’s actions constitute grounds for expulsion.

At the expulsion hearing, the student may be represented by counsel.  If a student is represented by counsel, the student or student's parent, guardian, or legal custodian shall notify the superintendent or designee of this fact by phone or in writing at the time the expulsion hearing is requested. Failure by the student or student's parent, guardian, or legal custodian to provide timely notification of attorney representation shall result in a continuance of the hearing and corresponding extension of the period of suspension to allow the District to obtain legal counsel.  

At the expulsion hearing, the student will have an opportunity to call witnesses and question any witness called by the administration.  The school administration may question the witnesses called by the student. The hearing officer may limit the number of witnesses called based on consideration of the competence, relevance and/or cumulative nature of their testimony.

Testimony and information may be presented under oath. However, technical rules of evidence will not apply. The hearing officer may consider the context when determining the appropriate weight to give testimony and evidence presented. 

An audio recording of the hearing shall be made. Preparation of any transcript will be at the expense of the party requesting the transcript. 

At an expulsion hearing concerning alleged student conduct for which expulsion is mandatory under state law, a written statement prepared by the student concerning the conduct may only be used as evidence if one of the following applies: 

• If the statement is signed by the student, and the student's parent, guardian, or legal custodian was present when the student signed;
• If the statement is signed by the student, and reasonable attempts to have the parent, guardian, or legal custodian present when the student signed were unsuccessful; or
• If the statement is signed by the student, and both the student and their parent, guardian, or legal custodian expressly waived the requirement that a parent, guardian, or legal custodian be present upon the student signing the statement, pursuant to C.R.S. 22-33-106.3(2).

This provision shall not apply in cases concerning alleged student conduct for which expulsion is mandatory under District policy but not under state law.

The hearing officer shall make specific findings and a recommendation regarding the expulsion to the superintendent. The superintendent shall review the hearing officer's findings and recommendation and issue a written decision within five business days after the hearing is conducted by the superintendent or designee. The written decision will be provided to the student and the student’s parent, guardian, or legal custodian.

5. Appeal A student who is denied admission or expelled has ten business days after the decision of the superintendent for the student and the student’s parent, guardian, or legal custodian to appeal the decision to the Board of Education.  The written request for appeal must state the grounds for appealing the superintendent's written decision. The superintendent or designee may address matters raised in the request for appeal for inclusion in the record to be considered by the Board.  Failure to request an appeal within 10 business days after the effective date of the expulsion shall result in a waiver of the right to appeal, and the superintendent's written decision shall become final, unless the Board, in its sole discretion, grants an extension for good cause shown.

If an appeal is properly requested, the Board shall review the record concerning the expulsion or denial of admission. The record includes notices and other documents concerning the suspension and expulsion; the transcript of the testimony, if requested and paid for by a party; the hearing exhibits; the hearing officer’s findings and recommendation; the superintendent's written decision; and other documents concerning the expulsion. The student may be represented by counsel at the appeal. If the student will be represented by counsel, the student must notify the District in the written request for appeal. Representatives of the District and the parent, guardian, or legal custodian may make brief statements to the Board, but no new evidence may be presented unless such evidence was not reasonably discoverable at the time of the hearing. 

The Board shall make a final determination regarding the expulsion of the student and shall inform the student and his or her parent, guardian, or legal custodian of the right to judicial review.

If a student between the ages of six and 17 is expelled for the remainder of the school year, the parent, guardian, or legal custodian of the student shall be responsible for assuring compliance with the compulsory school attendance laws during the period of expulsion.

6. Information to Parents. Upon expelling a student, the District shall provide information to the student's parent, guardian, or legal custodian concerning the educational alternatives available to the student during the period of expulsion. If the parent, guardian, or legal custodian chooses to provide a home-based educational program for the student, the District shall assist the parent, guardian, or legal custodian in obtaining appropriate curricula for the student.

7. Readmittance to School. No student will be readmitted to school after an expulsion until a meeting has taken place between the principal or designee and the student's parent, guardian, or legal custodian to review the expulsion or until, in the discretion of the principal or designee, the parent, guardian, or legal custodian of the suspended or expelled student has substantially agreed to review the expulsion with the principal or designee. However, if the principal or designee cannot contact the parent, guardian, or legal custodian of such student or if such parent, guardian, or legal custodian repeatedly fails to appear for scheduled meetings, the principal or designee may readmit such student. The purpose of the readmittance conference is to answer questions about the expulsion, clarify expectations regarding behavior, and consider alternatives or interventions to assist the student.

A student who has been expelled shall be prohibited from enrolling or re-enrolling in the same school in which the victim of the offense or member of the victim’s immediate family is enrolled or employed when: 

• The expelled student was convicted of a crime, adjudicated as a juvenile delinquent, received a deferred judgment, or was placed in a diversion program because of committing the offense for which the student was expelled;
• There is an identifiable victim of the expelled student’s offense; and 
• The offense for which the student was expelled does not constitute a crime against property. 

If the District has no actual knowledge of the name of the victim, the expelled student shall be prohibited from enrolling or re-enrolling only upon request of the victim or a member of the victim’s immediate family. 
 

Procedure for Crimes of Violence and Unlawful Sexual Behavior

The following procedures will apply when the District receives notification that a student has been charged in juvenile or district court with a crime of violence or unlawful sexual behavior, as those terms are defined by state law. 

1. The superintendent or designee will make a preliminary determination whether it will proceed with suspension or expulsion, based on the following factors: 

• Whether the student has exhibited behavior that is detrimental to the safety, welfare and morals of other students or school personnel.
• Whether educating the student in school may disrupt the learning environment, provide a negative example for other students, or create a dangerous and unsafe environment for students, teachers and other school personnel.

2. If it is determined that the student should not be educated in the school of the District, the District may suspend or expel the student, in accordance with the procedures set forth in this regulation. 

3. Alternatively, suspension or expulsion proceedings may be postponed, pending the outcome of the court proceedings. If the suspension or expulsion proceedings are postponed, the student will not be permitted to return to school during that period. An appropriate alternative education program, including an online program authorized by state law or a home-based education program will be established for the student during the period pending the resolution of the juvenile proceedings. The time that a student spends in an alternative education program will not be considered a period of suspension or expulsion. 

4. If the student pleads guilty to the charge, is found guilty, or is adjudicated a delinquent juvenile, the superintendent or designee may proceed to suspend or expel the student following the procedures set forth in this regulation. 

5. Information regarding the details of the alleged crime of violence or unlawful sexual behavior will be used by the Board or its designee for the purposes set forth in this regulation but shall remain confidential unless the information is otherwise available to the public by law. 

• Approved by Board: April 1972
• Revised by Board: February 1974
• Revised by Board: June 1982
• Revised by Board: August 1982
• Revised by Board: June 1988
• Revised by Board: November 1992
• Revised by Board: December 1993
• Revised by Board to conform with practice: May 22, 1995
• Revised by Board: August 14, 1995
• Revised by Board: August 12, 1996
• Revised by Board: July 25, 1997
• Revised by Board: June 22, 1998
• Revised by Board: May 15, 2000
• Revised by Board: October 11, 2004
• Revised by Board: April 23, 2007, effective July 1, 2007
• Revised by Board: May 26, 2009, effective July 1, 2009
• Revised by Board: June 21, 2011, effective July 1, 2011
• Revised by Board: June 12, 2012, effective July 1, 2012
• Revised by Board: May 27, 2025, effective July 1, 2025
   

LEGAL REFERENCES:

• C.R.S. 19-2.5-204 (arrest of a juvenile with a warrant)
• C.R.S. 19-2.5-209 (arrest of a juvenile without a warrant)

Policy JKDA/JKEA: Grounds for Suspension/Expulsion of Students (PDF)

Students in Third Grade and Higher Grade Levels

Students in third grade and higher grade levels are subject to suspension or expulsion for engaging in the following types of conduct while on District property, connected locally or remotely to the District computer network, in a District vehicle, at a District or school-sponsored activity or event, or off District property when such conduct has a reasonable connection to school or any District curricular or non-curricular activity or event:

1. Willful destruction or defacing of District property.
2. Commission of any act which, if committed by an adult, would be robbery, first- degree assault or second-degree assault, as defined by state law.
3. Violation of District policies regarding conduct involving weapons, drugs, and alcohol.
4. Continued willful disobedience or open and persistent defiance of proper authority, including deliberate refusal to obey a member of the District staff.
5. Behavior on or off school property that is detrimental to the welfare or safety of one or more other students, District staff or other persons, including behavior that creates a threat of physical harm to the student exhibiting the behavior or to one or more other students.
6. Engaging in behavior that materially disrupts school or District operations, including violation of criminal law that materially disrupts school or District operations.
7. Threats of serious bodily injury or death to one or more District employees, students or other persons, threats to damage or destroy District property or the property of one or more District employees, students or other persons, and/or threats to disrupt school or District operations.
8. Repeated interference with a school's ability to provide educational opportunities to other students.
9. Making a false accusation of criminal activity against an employee of the District to law enforcement authorities or District officials or staff.
10. Being declared a habitually disruptive student.
    • For purposes of this Policy, “habitually disruptive student” means a child who has caused a material and substantial disruption three times or more during the course of the school year on school grounds, in a school vehicle or at a school activity or sanctioned event. Any student who is enrolled in a public school may be subject to being declared a habitually disruptive student.

The student and the parent, legal guardian, or legal custodian shall have been notified in writing of each disruption counted toward declaring the student as habitually disruptive and the student and parent, legal guardian, or legal custodian shall have been notified in writing and by telephone or other means at the home or the place of employment of the parent, legal guardian, or legal custodian of the definition of “habitually disruptive student.” 

According to C.R.S. 22-33-106(2), subject to the district's responsibilities under the Exceptional Children's Education Act and applicable federal law, the following may be grounds for expulsion from or denial of admission to a public school or diversion to an appropriate alternate program:

• Physical or mental disability such that the child cannot reasonably benefit from the programs available.
• Physical or mental disability or disease causing the attendance of the child suffering therefrom to be inimical to the welfare of other students.

Students in Preschool Through Second Grade

Students in preschool, kindergarten, first grade, or second grade may only be subject to suspension or expulsion for engaging in the following types of conduct while on District property, in a District vehicle, at a District or school-sponsored activity or event, or off District property when such conduct has a reasonable connection to school or any District curricular or non-curricular activity or event:

1. Violation of the District’s policy on student conduct involving weapons.
2. Violation of the District’s policy on student conduct involving drugs and alcohol.
3. Conduct that endangers the health or safety of others.

The above conduct is only grounds for suspension or expulsion if the District determines that failure to remove the student from the school building would create a safety threat that cannot otherwise be addressed and the District has considered the factors set forth in District Policy JKD/JKE – Suspension/Expulsion of Students. 

 

• Reviewed by Board: August 14, 1995
• Revised by Board: August 29, 1996
• Revised by Board: June 22, 1998
• Revised by Board: July 1, 2002
• Revised by Board: October 11, 2004
• Revised by Board: April 23, 2007, effective July 1, 2007
• Revised by Board: April 22, 2008, effective July 1, 2008
• Revised by Board: May 26, 2009, effective July 1, 2009
• Revised by Board: April 13, 2010, effective July 1, 2010
• Revised by Board: June 21, 2011, effective July 1, 2011
• Revised by Board: June 12, 2012, effective July 1, 2012
• Revised by Board: June 9, 2020, effective July 1, 2020
• Revised by Board: May 27, 2025, effective July 1, 2025

 

LEGAL REFERENCES:

• C.R.S. 22-32-109.1
• C.R.S. 22-33-106
• C.R.S. 22-33-106.1

Policy JLCD: Administering Medicine to Students/Asthma, Food Allergy and Anaphylaxis Health Management (PDF)

This policy governs the terms and conditions under which medicine may be administered to students. For purposes of this policy, the term “medicine” includes prescription medicine and nonprescription medicine. Administration of medical marijuana is covered under Policy JLCDB (Administering Medical Marijuana to Qualified Students on District Property). Also for purposes of this policy, “nonprescription medicine” includes but is not limited to over- the-counter medicine, homeopathic medicine, herbal medicine, vitamins and nutritional supplements.

Student possession, use, distribution, gift, purchase, exchange, sale or being under the influence of medicine inconsistent with the terms of this policy shall be dealt with as a violation of Policy JICH (Student Conduct Involving Drugs and Alcohol).
 
Rules Applicable to all Students and to all Medicine Except Medical Marijuana
Whenever reasonably possible, students should take medicine outside of school and school-sponsored activities. Medicine shall only be administered to a student at school or a school-sponsored activity when it is necessary to do so. In such cases, the medicine may be administered by the student’s parent or guardian. Otherwise, the medicine shall be administered as set forth below and in the accompanying regulation.

All medicine to be administered at school or a school-sponsored activity shall be furnished by the parent or guardian of the student who is to take it, and shall be delivered by the student’s parent or guardian to an individual in the school office designated to receive it, unless alternative arrangements have been made and approved in advance by the school nurse and by the building principal. Exceptions to this rule apply with respect to high school students who are authorized to carry and self- administer medicine, and with respect to asthma, food allergy and anaphylaxis health management, in accordance with the terms and conditions set forth below.

A written request to administer medicine to a student, and a full release of the District and its personnel from claims arising out of administering the medicine, must be signed and submitted by the student’s parent or guardian in order for medicine to be administered by District personnel to any student at school or a school-sponsored activity. A separate written request and release must be signed and submitted for each medicine to be administered, and for each change in the dosage, time(s) and/or manner of administration. Depending on the circumstances, the required written request and release may be incorporated as part of a student Health Plan, Section 504 Plan, IEP, or authorization for extended field trip or other school-sponsored activity.

Verbal requests to administer medicine to a student may be honored only when made to the school nurse by the student’s parent or guardian, only when prior delivery of the required written request and release is not reasonably possible under the circumstances, and only when the school nurse can confirm that the verbal request is legitimately from the student’s parent or guardian and can confirm with the student’s prescribing health care provider. The required written request and release, and any required written authorization and directions signed by a health care provider, must be submitted before the medicine will be administered to the student a second day.

Additional Rules Applicable to Prescription Medicine
If it is necessary for a student to take prescription medicine at school or a school-sponsored activity, it must be furnished in the original pharmacy labeled container. The student’s name, name of the medicine, dosage, name of prescribing health care provider, date prescription was filled and expiration date must be printed on the medicine container’s pharmacy label.

Prescription medicine shall be administered only by a school nurse, when required by law, or by a District employee to whom the nurse has properly delegated this task as authorized under the Nurse Practice Act (hereinafter the “nurse’s designee”), except with respect to high school students who are authorized to carry and self-administer medicine, and except with respect to asthma, food allergy and anaphylaxis health management, in accordance with the terms and conditions set forth below. Each nurse’s designee shall be approved by the building principal. Prescription medicine shall be administered by school personnel only in accordance with written authorization and directions signed by the prescribing health care provider (which authorization and directions shall not include the pharmacy label on the medicine container). Depending on the circumstances and subject to approval and the required delegation by the school nurse, the required written authorization and directions may be incorporated as part of a student Health Plan, Section 504 Plan, IEP, or authorization for extended field trip or other school-sponsored activity.

 Additional Rules Applicable to Nonprescription Medicine
If it is necessary for a student to take nonprescription medicine at school or a school-sponsored activity, it must be furnished in the original container labeled by the pharmaceutical company or other commercial distributor of the medicine.

Nonprescription medicine shall be administered only by a school nurse or by the nurse’s designee (except with respect to high school students who are authorized to carry and self-administer medicine, and except with respect to asthma, food allergy and anaphylaxis health management, in accordance with the terms and conditions set forth below). Each nurse’s designee shall be approved by the building principal. Nonprescription medicine shall be administered by school personnel only in accordance with written authorization and directions signed by the treating health care provider, or in accordance with a District-wide protocol for administering specified nonprescription medicines that is developed and reviewed at least once a year by a licensed physician.
Depending on the circumstances and subject to approval and the required delegation by the school nurse, the required written authorization and directions, or District-wide protocol, may be incorporated as part of a student Health Plan, Section 504 Plan, IEP, or authorization for extended field trip or other school-sponsored activity.

Authorization to Possess and Self-Administer Medicine Except Medical Marijuana

A high school student who needs to take medicine at school or a school-sponsored activity may be authorized to possess and self-administer his or her medicine, except medical marijuana or scheduled/controlled medications, in accordance with the following terms and conditions:

• The high school student shall be subject to and comply with the rules set forth above, unless otherwise amended in this section.
• Before the high school student may possess and self-administer medicine at school or a school-sponsored activity, a written request therefor, and a full release of the District and its personnel from claims arising out of the student possessing and self- administering the medicine, must be signed and submitted by the student’s parent or guardian.
• Before the high school student may possess and self-administer medicine at school or a school-sponsored activity, any required written authorization and directions signed by a health care provider must be submitted.
• Before the high school student may possess and self-administer medicine at school or a school-sponsored activity, the school nurse and building principal shall determine that the student has the ability to properly self-administer the medicine, and that the student is sufficiently mature and responsible to safely possess and self-administer the medicine at school or a school-sponsored activity in compliance with applicable District policies and regulations.
• The high school student is only authorized to possess and self-administer a one-day dose of medicine at school or a school- sponsored activity, except that more than a one-day dose may be authorized by the school nurse and building principal if necessitated by the duration of a particular school-sponsored activity and except that this paragraph shall not apply to a high school student who requires and possesses an insulin pump or other medical device that delivers dosages of prescribed medication over a period of time that exceeds one day.
• The high school student shall at all times maintain the security of his or her medicine so that it may not be taken by or otherwise fall into the possession of another person.
•  Possessing and self-administering medicine at school is a privilege granted to high school students that may be lost if not exercised responsibly and safely, as determined by the school nurse and building principal.

 Asthma, Food Allergy and Anaphylaxis Health Management
A student with asthma, a food allergy, other severe allergies or a related life-threatening condition may possess and self- administer prescribed medication to treat such conditions at school, at a school-sponsored activity or while being transported in a school vehicle, in accordance with the Colorado Schoolchildren’s Asthma, Food Allergy, and Anaphylaxis Health Management Act (the “Act”) and the following terms and conditions:

• Before the student may possess and self-administer the prescribed medication, the student’s parent or guardian must submit a written medical authorization signed by the prescribing health care practitioner that includes the name, purpose, prescribed dosage, frequency and length of time between dosages of the medication to be self-administered; and confirmation from the health care practitioner that the student has been instructed and is capable of self-administering the prescribed medication.

• Before the student may possess and self-administer the prescribed medication, the student must demonstrate to the school nurse and to the student’s health care practitioner (or practitioner’s designee) the skill level necessary to use the medication and any device used to administer the medication as prescribed, including but not limited to: (a) the ability to identify the correct medication; (b) demonstration of the correct administration technique; (c) knowledge of the dose required; (d) the frequency of use; and (e) the ability to recognize when to take the medication. In addition, a written treatment plan for managing the student’s asthma, food allergy or anaphylaxis episodes and for the student’s medication use must be developed by the school nurse in collaboration with the student’s health care practitioner. The treatment plan shall be effective only for the school year in which it is approved or until a new treatment plan is developed, whichever period is shorter. New treatment plans shall be developed for each subsequent school year in which the Act’s requirements and the terms and conditions specified in this section are met.

• Before the student may possess and self-administer the prescribed medication, a written contract shall be developed and signed by the school nurse, the student, and the student’s parent or guardian that assigns levels of responsibility to the parent or guardian, the student, and District employees. The contract shall accompany orders for the medication from the student’s health care practitioner and shall specify that noncompliance with the contract terms may result in withdrawal of the privilege of possessing and self-administering the prescribed medication.
  • The contract shall include requirements that the student shall: (i) be able to demonstrate competency in taking the medication; (ii) be able to demonstrate asthma/allergy management and self-care skills; (iii) notify a school official if emergency medication has been administered or when having more difficulty than usual with the student’s medical condition; and (iv) be expressly prohibited from allowing another person to use the student’s medication.
  • The contract shall include requirements that the student’s parent or guardian shall: (i) provide written orders for the medication from the student’s health care practitioner; (ii) provide written authorization for the student to possess and self-administer the medication; and (iii) provide assurance that the medication container is appropriately labeled by a pharmacist or health care practitioner, that the medication device contains the medication, that the medication has not expired, that backup medication will be provided to the school for emergencies, and that the status of the student’s asthma/allergy is reviewed with the student on a regular basis.
  • The contract shall include requirements that the school nurse shall (i) review with the student the correct technique for use of the medication device; (ii) be advised regarding the time and dosages specified in the written orders for the medication from the student’s health care practitioner; (iii) be advised regarding the appropriate use of the medication; (iv) provide assurance that the status of the student’s asthma/allergy is reviewed with the student on a regular basis; (v) notify school staff on a need-to-know basis that a student has asthma or a life-threatening allergy and has permission to possess and self-administer medication for that condition; and (vi) assign one or more school staff members to make a 911 emergency call if the student has an exposure that results in the need to use epinephrine.
• Before the student may possess and self-administer the prescribed medication, the student’s parent or guardian must sign and submit a written statement releasing the District, school and any associated entity, and all employees and volunteers of the District, school and any associated entity, from liability (except with respect to willful and wanton conduct or disregard of the criteria of the treatment plan).

• Immediately after using an epinephrine auto-injector at school, at a school-sponsored activity or while being transported in a school vehicle, a student shall report to the school nurse, an employee in the school office, or another school official and the person so notified shall take action to provide for appropriate follow-up care, which shall include promptly making a 911 emergency call and (with respect to employees in the school office and other school officials) promptly contacting the school nurse or nurse’s designee.

Student food allergies and anaphylaxis in the District’s schools shall be managed in accordance with the following terms and conditions:

• The District shall make available on its website and at each of its schools the standard form developed by the Colorado Department of Public Health and Environment (the “Food Allergy Form”) that allows the parent or guardian of a student with a known food allergy to provide the student’s school with information as specified in the Colorado School Children’s Food Allergy and Anaphylaxis Management Act regarding the allergy.

• Each school shall have a plan in place for communication with emergency medical services. The plan shall include but not be limited to the provision of information on student Food Allergy Forms to emergency medical responders.

• The parents and guardians of each student who is not authorized to possess and self-administer medication for the student’s food allergy or anaphylaxis are encouraged to provide the school with a supply of the student’s prescribed medication for use in the event of an anaphylactic reaction. All emergency medications shall be stored in a secure location at the school that is easily accessible for designated staff members.

• The school nurse and building principal shall identify staff members at each school who shall receive emergency anaphylaxis treatment training. Such staff members shall include those directly involved during the school day with students who have known food allergies. The training shall, at a minimum, provide the staff members with: (a) a basic understanding of food allergies and the importance of reasonable avoidance of agents that may cause anaphylaxis; (b) the ability to recognize symptoms of anaphylaxis; (c) the ability to respond appropriately in the event of a student suffering an anaphylactic reaction; and (d) the ability to administer self-injectable epinephrine to a student suffering an anaphylactic reaction.

• In the absence of a Section 504 Plan or IEP, the school nurse shall be responsible for the development and implementation of a student Health Plan for each student with the diagnosis of a potential life-threatening food allergy. Such Health Plans shall include, as appropriate: (a) consideration of information provided by the student, student’s parent or guardian and student’s health care provider, including but not limited to information provided on the Food Allergy Form; and (b) reasonable steps to reduce the student’s exposure to agents at school and school-sponsored activities that may cause anaphylaxis.

• The superintendent or superintendent’s designee shall develop, periodically review and revise as necessary or appropriate administrative guidelines to help ensure that student food allergies and anaphylaxis in the District’s schools are properly managed. District employees interacting with students who have food allergies shall comply with such administrative guidelines, including the PSD Guidelines for Students with Severe Food Allergies and Intolerances, and shall faithfully implement the students’ Section 504 Plans, IEPs and Health Plans.

Use of Stock Epinephrine Auto-Injectors in Emergency Situations
The District will have a stock supply of epinephrine auto-injectors for use in emergency anaphylaxis events that occur on school grounds. Any administration of a stock epinephrine auto-injector to a student by a district employee must be in accordance with applicable state law, including applicable State Board of Education rules.

The District’s stock supply of epinephrine auto-injectors is not intended to replace student-specific orders or medication provided by the student’s parent/guardian to treat the student’s asthma, food or other allergy, anaphylaxis or related, life-threatening condition.

Use of Opiate Antagonists in Emergency Situations
To the extent state funding and supplies are available, the District will have a stock supply of opiate antagonists to assist a student who is at risk of experiencing an opiate-related drug overdose event. For purposes of this policy, an opiate antagonist means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal Food and Drug Administration (FDA) for the treatment of a drug overdose.

The stock supply of opiate antagonists may also be used to assist a District employee or any other person who is at risk of experiencing an opiate-related drug overdose event.

Administration of an opiate antagonist by a District employee to a student or any other person shall be in accordance with applicable state law.

Policy JLCD-R: Administering Medicine to Students (PDF)

These regulations shall have no applicability to medical marijuana or to administering medical marijuana to students. Administration of medical marijuana is covered under Policy JLCDB (Administering Medical Marijuana to Qualified Students on District Property).

Storage of Medicine
Medicine to be administered to students at school shall be stored in the office or similar area at each school in a clean, locked cabinet, drawer, or other appropriate container reserved and used exclusively for the storage of medicine and inaccessible to students. If refrigeration is required, the medicine shall be stored either: (a) in a locked refrigerator reserved and used exclusively for the storage of medicine and inaccessible to students; or (b) in an impervious secondary container in a food storage refrigerator, separated from food and inaccessible to students.

At the end of each school year, all medicine in storage at each school shall be returned to the parent or guardian who furnished it or shall be appropriately disposed of by the school nurse or nurse’s designee.

Health Care Provider Authorization and Directions
Health care provider authorization and directions for administering medicine to a student must be in writing and signed by the health care provider, and must specify: (a) the student’s name; (b) name of the medicine; (c) purpose of the medicine; (d) dosage;
(e) time(s) the medicine is to be administered; (f ) manner of administration; (g) anticipated number of days the medicine needs to be administered at school and/or school-sponsored activities; and (h) possible side-effects of the medicine.

Safety Precautions
Before medicine is administered to any student, the school nurse or District employee to whom the nurse has properly delegated this task as authorized under the Nurse Practice Act shall take necessary steps to ensure that: (a) a current request to administer medicine and release signed by the student’s parent/guardian is on file; (b) written authorization and directions for administering the medicine signed by the student’s health care provider is on file; (c) the correct student is receiving the medicine; (d) the correct medicine is being administered to the student; (e) the correct dose of medicine is being administered; (f ) the medicine is being administered at the correct time; (g) the medicine has not expired; and (h) the medicine is being administered in the correct manner.

An error in administering medicine to a student includes but is not limited to giving medicine to the wrong student, giving the wrong medicine to a student, giving the wrong dose of medicine to a student, giving more than one dose of medicine to a student, giving medicine to a student in an incorrect manner, giving medicine to a student at the wrong time, forgetting to give a student medicine at the required time, and/or forgetting to document that medication was given to a student.

Errors in administering medicine to a student must be promptly reported to the school nurse and to the student’s parent or guardian, and must be documented on a Medication Error Report form. The completed form must be submitted to the health services coordinator. Poison control or 911 shall immediately be called in the case of errors that involve administering medicine to the wrong student, administering the wrong medicine to a student, or administering an overdose of medicine. These records shall be maintained by the District until the year of the student’s twenty-first birthday.

Recordkeeping
An individual record shall be kept for each student of every medicine administered to the student, which shall include: (a) the name of the medicine; (b) the date and time the medicine was administered; (c) the dosage administered; (d) the manner the medicine was administered; (e) any unusual reactions or responses of the student; and (f ) the name of the person administering the medicine.

Policy JLCDC: Medically Necessary Treatment in School Setting (PDF)

The provision of medically necessary treatment to students by private health-care specialists must be done in accordance with this policy. If medically necessary treatment requires administration of prescription and/or nonprescription medications to students, such administration must be in accordance with applicable law and the District’s policy concerning the administration of medications to students.
 
Definitions
For purposes of this policy, the following definitions apply:

• “Medically necessary treatment” means treatment recommended or ordered by a Colorado licensed health-care provider acting within the scope of the health-care provider’s license.

•  “Private health-care specialist” means a health-care provider who is licensed, certified, or otherwise authorized to provide health-care services in Colorado, including pediatric behavioral health treatment providers pursuant to the state medical assistance program, C.R.S. 25.5, articles 4, 5, and 6, and autism services providers who provide treatment pursuant to C.R.S. 10-16-104 (1.4). In no event may a school district or administrative unit staff member be recognized as a private health-care specialist for the purposes of this policy.

Notification of Rights
Parents and/or legal guardians of a student with disabilities will be notified that section 504 of the Rehabilitation Act of 1973, 29 U.S.C. sec. 794, as amended (“Section 504”), and Title II of the Americans with Disabilities Act of 1990 (“ADA”) provide rights and protections to students to access medically necessary treatment required by the student to have meaningful access to the benefits of a public education, or to attend school without risks to the student’s health or safety due to the student’s disabling medical condition.

Treatment that may be considered medically necessary treatment for a student, as defined in this Policy, but is not required by the student in order to have meaningful access to the benefits of a public education, or to attend school without risks to the student’s health or safety is not covered by this Policy and may be addressed separately.

Determination Whether Medically Necessary Treatment Must be Provided on School Premises

•  It will be the responsibility of a student’s IEP team or 504 team to determine whether any medically necessary treatment must be provided to the student within the school setting in order for the student to access their education, pursuant to Section 504 and Title II of the ADA.

• When making the determination whether medically necessary treatment must be provided within the school setting, the student’s IEP team or 504 team will invite the private health-care specialist who ordered or recommended the medically necessary treatment to attend the student’s IEP meeting or 504 meeting at which the issue will be discussed. The invitation will include the option for the private health-care specialist to submit information in writing that can be reviewed at such IEP meeting or 504 meeting. The invitation will be given not less than ten (10) calendar days in advance of the IEP or 504 meeting.

• Nothing in this policy will be construed to prevent the District from using its own staff, if qualified, or contracting with a qualified provider of its choice to provide medically necessary treatment that a student’s IEP team or 504 team has determined must be provided in the school setting pursuant to Section 504 or Title II of the ADA.

•  Nothing in this policy will be construed to require the District to permit a third party to determine or provide special education or related services in the school setting in a way that interferes with the District’s obligations and authority under federal law.

Access to School Setting by Private Health-Care Specialists

• Access to provide medically necessary treatment. A private health-care specialist may be granted access to school or District property to provide medically necessary treatment in accordance with the determination of the student’s IEP team or 504 team, and subject to the District’s policy concerning visitors to schools and all other applicable policies and procedures, and subject to the provisions of regulation JLCDC-R.
• Access to solely observe student or collaborate with school personnel. A private health-care specialist may be granted access to school or District property to observe the student in the school setting or collaborate with school personnel regarding the student, without providing direct treatment to the student, in accordance with the determination of the student’s IEP team or 504 team, and subject to Policy KI concerning visitors to schools and all other applicable policies and procedures. Nothing in this policy prohibits or restricts District staff, as applicable, from observing the student at the same time as the private health-care specialist.

Permission to provide medically necessary treatment on school premises may be limited or revoked if the private health-care specialist violates this policy or JLCDC-R or demonstrates an inability to responsibly follow the requirements of the District.

Appeal
If the IEP team or the 504 team determines that any medically necessary treatment is not required to be provided in the school setting pursuant to Section 504 and/or Title II of the ADA, the IEP team or 504 team will provide notice to the student’s parents or legal guardian that the student has a right to appeal such determination. Such appeal must meet, at a minimum, the following requirements:

• The District will hold an appeal hearing within a reasonable time after it has received the request for an appeal from the parent or student.

• The District will give the parent and student notice of the date, time, and place, reasonably in advance of the appeal hearing.

• The appeal hearing may be conducted by any individual, including an official of the District, who does not have a direct interest in the outcome of the hearing.

• The District will give the parent and student a full and fair opportunity to present evidence relevant to the issue whether the medically necessary treatment as ordered or recommended by a private health-care specialist is required to be provided in the school setting pursuant to Section 504 and/or Title II of the ADA. The parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney. If the parent or eligible student is represented by an attorney, the parent or eligible student must provide notice to the District of such representation at least five (5) working days prior to the hearing.

• The individual conducting the hearing will make a decision in writing within a reasonable period of time after the appeal hearing.

• The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision. If the decision seeks to overturn the IEP team or 504 team’s determination, the individual conducting the hearing will remand the matter back to the IEP team or 504 team with recommendations for reconsideration.

Reporting
Each school shall designate a particular staff member to report the following to the superintendent or designee on a regular basis: the name of the requesting student, the student’s request, and the outcome of the request, whether accepted or denied.

Policy JLCDC-R: Authorizing Private Health-Care Specialists to Provide Medically Necessary Treatment in School Setting (PDF)

A private health-care specialist may be permitted to come onto the premises of any District school for the purpose of providing medically necessary treatment to a student if it has been determined by the student’s IEP team or 504 team that such medically necessary treatment must be provided to the student within the school setting pursuant to section 504 of the “Rehabilitation Act of 1973”, 29 U.S.C. sec. 794, as amended (“Section 504”), and Title II of the federal “Americans with Disabilities Act of 1990” (“ADA”).

Such treatment will not occur on school premises unless the following minimum requirements are met:

• The District prepares, with the input of the private health-care specialist and the student’s parent/guardian, a written plan that identifies the form, designated location(s), treatment plan for administration from the private health-care specialist, and any additional protocol regarding administration of medically necessary treatment to the student, which may include implementing a background check for the private health-care specialist, requirements that the private health-care specialist be appropriately supervised by the employing agency, or other protocol(s) if deemed necessary by the District. The written plan must be signed by the school administrator, the student (if capable), the private health-care specialist, and the student’s parent/guardian.

• The District provides a representative who has the authority and responsibility to work with the parents and private health- care specialist to schedule and/or cancel the private health-care specialist’s visits to the school to provide medically necessary treatment.

• The student’s parent signs a parental consent form to any medically necessary treatment in the school setting.

• The private health-care specialist signs a Confidentiality Affidavit certifying that they will comply with the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA),and shall not read any documents or file materials pertaining to any student other than the qualifying student.

• The private health-care specialist provides a certificate of insurance of General Liability, Auto Liability, and Professional Liability insurance that meets the District’s requirements as determined by the District’s director or records & risk management.

• The private health-care specialist provides proof of Colorado licensure.

• The private health-care specialist signs an Assumption of Risk form waiving any and all claims and demands for relief concerning any physical or emotional harm, injury, or damage to the private health-care specialist caused by the student and/or any other student.

After the medically necessary treatment begins, the treatment is subject to the following conditions:

•  At all times, through implementation of this regulation and associated policy, all parties shall strive to avoid disruption to the learning environment of all students, avoid disruption to the student’s access to special education services, and maintain the integrity of all students’ instructional programs.

• The private health-care specialist must give at least two weeks’ advance notice of any additional visits to the school to work with the student that were not mentioned in the written plan.

• The District has sole discretion to deny an additional visit, or reschedule or modify any planned visit, if the visit to the school would interfere with the school’s necessary activities, schedule of school staff, or scheduling priorities. Except in an emergency, the private health-care specialist and the student’s parent/guardian will be given two weeks’ advance notice of any rescheduling or modification of an existing visit.

• The student’s parent/guardian will be solely responsible for compensating the private health-care specialist for medically necessary treatment, and the District will have no financial obligation to the private health-care specialist for fees, expenses, or any other associated cost. If the private health-care specialist offers suggestions, professional observations, opinions, advice, or consultation to and for District staff, the District will not be obligated to pay any associated fee or charge.

• The private health-care specialist must follow all applicable provisions of state and federal law and District policies at all times the private health-care specialist is on District premises.

• The District will not exercise supervisory control over the content or nature of private health-care specialist’s medically necessary treatment of the student. However, if requested, the District is entitled to advance discussion and review of the content and nature of such services in order to coordinate the medically necessary treatment with other classroom and school activities.

• Permission for the private health-care specialist to administer medically necessary treatment to a student, and to remain on District property, may be limited or revoked if the private health-care specialist violates this policy or demonstrates an inability to responsibly follow this policy’s parameters.

Policy JLDAC: Screening/Testing of Students (PDF)

Physical Screenings
The sight and hearing of all students in kindergarten, first, second, third, fifth, seventh and ninth grades, or students in comparable age groups referred for testing, shall be tested during the school year by the school nurse, teacher, principal or other qualified person authorized by the District, as required by law. The parent/guardian shall be informed when a deficiency is found. This provision shall not apply to any student whose parent/guardian objects on religious or personal grounds.

Parents/guardians, and students who are 18 years of age or older or emancipated minors (hereinafter referred to as “eligible students”), shall receive notice and have the opportunity to opt any student out of any non-emergency invasive physical examination or any physical screening (such as routine hearing, vision and dental screenings) that is:

• required as a condition of attendance;
• administered by the school and scheduled by the school in advance; and
• not necessary to protect the immediate health and safety of the student, or of other students.
   

Survey, Assessment, Analysis or Evaluation of Students
Except as otherwise permitted by law, prior written parent/guardian consent (or prior written consent of the eligible student) shall be required in order for any student to be given a survey, assessment, analysis or evaluation that would reveal information (whether or not the information is personally identifiable) concerning:

• Political affiliations or beliefs of the student or the student’s parent/guardian;
• Mental or psychological problems of the student or the student’s family;
• Sex behavior or attitudes;
• Illegal, antisocial, self-incriminating, or demeaning behavior;
• Critical appraisals of other individuals with whom the student has a close family relationship;
• Legally recognized privileged or analogous relationships, such as those with lawyers, physicians and ministers;
• Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program);
• Religious practices, affiliations, or beliefs of the student or the student’s parent/guardian; or
• The social security number of the student or the student’s parent/guardian.

The prior written consent required above shall include prior written notice of the survey, assessment, analysis or evaluation and at least two weeks after receipt of the notice for parents/guardians and eligible students to obtain written information concerning:

• Records or information that may be examined and required in the survey, assessment, analysis or evaluation;
• The means by which the records or information shall be examined, reviewed, or disseminated;
• The means by which the information is to be obtained;
• The purposes for which the records or information are needed;
• The entities or persons, regardless of affiliation, who will have access to the information; and
• A method by which a parent/guardian can grant or deny permission to access or examine the records or information.

Proposed activities involving the collection, disclosure or use of personal information collected from students for the purpose of marketing or selling that information, or otherwise providing the information to others for that purpose, shall not occur with respect to any student for whom prior written consent regarding such activity has not been given by the parent/guardian or (if applicable) the eligible student.

Parents/guardians and eligible students shall have the right to review, upon request, any instructional material used as part of the educational curriculum for the student.

Nothing in this policy shall:

•  Prevent a student who is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, assessment, analysis or evaluation without obtaining consent as long as such participation is not otherwise prohibited by law;

• Be construed to prevent a District employee from reporting known or suspected child abuse or neglect as required by state law;

• Be construed to limit the ability of a health professional that is acting as an agent of the District to evaluate an individual child;

• Be construed to limit the District’s ability to administer a suicide assessment or threat assessment; or

• Be construed to require parental notice or consent for a survey, assessment, analysis or evaluation related to educational products or services for or to students or educational institutions. These products and services include, but are not limited to, the following:
  • college or other postsecondary education recruitment or military recruitment activities;
  • book clubs, magazines and programs providing access to low-cost literary products;
  • curriculum and instructional materials used by District schools;
  • tests and assessments used by District schools to provide cognitive, evaluative, diagnostic, clinical, aptitude or achievement information about students; 
  • the sale by students of products or services to raise funds for school-related or education-related activities; and
  • student recognition programs.

Confidentiality
Any survey, assessment, analysis or evaluation administered or distributed by a school to students shall be subject to applicable state and federal laws protecting the confidentiality of student records.

Treatment/Testing for Behavior Issues
School personnel are prohibited under state law from recommending or requiring the use of psychotropic drugs for students. They are also prohibited from testing or requiring testing for a student’s behavior without giving notice to the parent/guardian describing the recommended testing and how any test results will be used. Prior to conducting any such testing, school personnel shall obtain written permission from the parent/guardian or eligible student in accordance with applicable law. School personnel are encouraged to discuss concerns about a student’s behavior with the parent/guardian, and such discussions may include a suggestion that the parent/guardian speak with an appropriate health care professional regarding any behavior concerns that school personnel may have.

Evaluation of Students with Disabilities
The giving of parental permission for evaluation or re-evaluation of a student with disabilities and any required consent to the provision of special education services to a student with disabilities is governed by state and federal law and is outside the scope of this policy.

Annual Notification of Rights
The District, at the beginning of each academic year, shall inform parents/guardians and eligible students of their rights under this policy.
 

Policy JLIE: Student Vehicle Use and Parking (PDF) 

When parking lots are provided on campus, all student-driven vehicles shall be parked in such lots. No vehicles may be driven on school grounds except in designated parking areas.

Student-driven vehicles shall remain parked while students are scheduled to be in class. No loitering in parked cars or on school parking lots shall be permitted during the school day.

The privilege of bringing a student-operated motor vehicle onto school premises is based upon the condition of consent by the student driver to allow a search of the vehicle when there is reasonable suspicion the search will yield evidence of contraband.

Refusal by a student, parent/guardian, or vehicle owner to allow search access to a motor vehicle on school premises when requested shall be cause for termination without further hearing of the privilege of bringing any vehicle onto school premises by said individual.

Each school is authorized to engage in routine patrolling of student parking lots, visual inspection of student automobiles, and the use of dogs trained to alert at the scent of drugs, explosives and other contraband.

Principals may adopt additional parking and driving regulations as necessary for the proper operation of their schools and programs.

Policy JRA/JRC: Student Records/Release of Information on Students (PDF)

General Provisions
Student education records may contain, but will not necessarily be limited to, the following information: identifying data; academic work completed; level of achievement (grades, standardized achievement test scores); attendance data; scores on standardized intelligence, aptitude, and psychological tests; interest inventory results; health data and medical information; family background information; teacher or counselor ratings and observations; and reports of serious or recurrent behavior patterns.

Education records do not include records maintained by a law enforcement unit of the school or District (should one exist) that are created by that unit for the purpose of law enforcement.

Nothing in this policy shall prevent administrators, teachers or other staff from disclosing information derived from personal knowledge or observation.

A record of requests to inspect, review and/or copy a student’s education records or personally identifiable information, and a record of the disclosure of such records and information including the legitimate interests permitting such disclosure, shall be maintained as a part of each student’s record. Notwithstanding the foregoing, request/disclosure records are not required with respect to requests from or disclosures to: (a) the parent or eligible student; (b) District officials in accordance with this policy; (c) a party with written consent from the parent or eligible student; (d) a party seeking directory information; or (e) a party seeking or receiving education records or personally identifiable information pursuant to a judicial order or lawfully issued subpoena legally mandated to be kept confidential.

Access to Records
A parent or guardian has the right to inspect and review the student’s education records. If a student is 18 years of age or older the student may inspect his/her own records, and the student’s written permission shall be required in order for the parent or guardian to inspect the records. (Such student 18 years of age or older shall be known as an “eligible student.”) 

However, if an eligible student is a dependent for federal income tax purposes, parents/guardians are entitled, along with the student, to have access to student education records.

The building principal shall provide such personnel as necessary to give explanations and interpretations of the education records when requested by parents/guardians or eligible students.

The parent/guardian or eligible student shall examine the education records in the presence of the principal and/or other person(s) designated by the principal.

Original education records shall not be taken from District or school buildings. Unless otherwise provided by law or District policy, one (1) copy of a student’s education record(s) shall upon request be provided within a reasonable time to the parent/ guardian or eligible student at a cost not to exceed 25 cents per page. In order to preserve the integrity of test materials and to comply with copyright law, however, copies of test protocols and/or completed test instruments or question booklets shall not be provided.

Requesting Records from Other Schools/Districts
When a student transfers to the Poudre School District from another district, the principal or designee of the receiving school shall request the student’s education records from the transferring district if the records have not already been forwarded to the receiving school.

Transferring Records to Other Schools/Districts
Student education records, including disciplinary records, may be transferred without parent/guardian or eligible student consent to officials of another school, school district, or postsecondary institution in which the student seeks or intends to enroll, or has enrolled. The District shall, upon request of the parent/guardian or eligible student, provide them with a copy of the records transferred.

Requesting and Receiving Information and Records from State Agencies
Within the bounds of state law, District personnel shall seek to obtain such information regarding students as is required to perform their legal duties and responsibilities, including protecting public safety and the safety of students and staff. Such information may be obtained from any state or local agency that performs duties and functions under the Colorado Children’s Code.

District personnel receiving such information shall use it only in the performance of their legal duties and responsibilities and shall otherwise maintain the confidentiality of all information obtained.

If such information is shared with another school or school district to which a student may be transferring, it shall only be shared in compliance with the requirements of federal and state law, including the Federal Education Rights and Privacy Act of 1974 (“FERPA”), Colorado Open Records Act, and Colorado Children’s Code.

Requests to Amend Education Records
A parent/guardian or eligible student who believes that information contained in the student’s education records is inaccurate, misleading or violates the student’s privacy or other rights may request that the District amend the records. Such requests shall initially be submitted in writing to the building principal. The amendment request must be received by the building principal within 10 school days of the date that the student records were first examined, unless additional time is granted by the District for good cause shown.

If the principal denies the request to amend, the principal shall notify in writing the parent/guardian or eligible student of the decision and advise them of their right to appeal such decision. Such request for an appeal must be received by an assistant superintendent of school services within 10 school days after the date of the principal’s notification of denial unless additional time is granted by the District for good cause shown. This appeal must be answered in writing and sent to the parent/ guardian or eligible student within 10 school days. 

If the assistant superintendent denies the appeal, the parent/guardian or eligible student shall be notified of the decision and advised of their right to request a formal hearing.

If the first two steps have not resulted in the requested amendment, the parent/guardian or eligible student may request a formal hearing. A request for a formal hearing must be made in writing and received by the Superintendent of Schools within 10 days after the date of the assistant superintendent’s denial of the appeal. The response to the request must be mailed within 10 school days. The hearing will be held in accordance with the following:

• The hearing will be held within 15 school days after receipt of the request. Notice of the date, place and time of the hearing will be forwarded to the parent/guardian or eligible student by certified mail.

• The hearing will be conducted by a principal or administrative official designated in writing by the superintendent. The official conducting the hearing shall not have a direct interest in the outcome of the hearing.

• A parent/guardian or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by an individual of their choice at their own expense, including an attorney.

• The designated hearing official shall issue a decision in writing within 10 school days following the conclusion of the hearing, and shall notify the parent/guardian or eligible student of that decision by certified mail.

• The decision of the hearing official shall be based upon the evidence presented at the hearing and shall include a summary of the evidence and the reason for the decision.

• The decision shall include a statement informing the parent/guardian or eligible student of their right to place in the student’s challenged education records a statement commenting upon the information in the records and/or setting forth any reason for disagreement. Any explanation placed in the records shall be maintained by the District. If the education record is disclosed by school officials to any other party, the explanation also shall be disclosed to that party.

Disclosure with Written Consent
Except as specified in Section 8 of this policy or as otherwise provided by law, written consent shall be required before student education records and/or personally identifiable information contained therein is disclosed to parties other than the parent/guardian or eligible student. Such written consent shall be given by the parent/guardian or eligible student and shall contain the following:

• the date of the consent;
• specification of the records or information to be disclosed;
• the purpose of the disclosure; and
• the identity of the party or class of parties to whom the disclosure may be made.

If the parent/guardian or eligible student so requests, the District shall provide them with a copy of the records disclosed. Parent/guardian or eligible student consent shall only be valid for the specific disclosure for which the written consent was given. Consent for a student to participate in any course, school activity, special education program, or in any other school program shall not constitute written consent for disclosure of education records or personally identifiable information contained therein.

All signed consent forms shall be retained by the District.

Disclosure Without Written Consent
The District may disclose student education records or personally identifiable information contained therein without written consent of the parent/guardian or eligible student under any of the following circumstances:

• The disclosure is to a District official having a legitimate educational interest in the education record or the personally identifiable information contained therein. A “District official” for purposes of this policy is a person employed by the District as an administrator, supervisor, instructor or support staff member; a person serving on the Board of Education; a person or company with whom the District has contracted to perform specialized tasks (such as attorneys, auditors, school resource officers, consultants and health care providers); or a parent/guardian, student or volunteer serving on an official committee or assisting another District official in performing his or her tasks.
  • For purposes of this policy, a District official is determined to have a “legitimate educational interest” if disclosure to the official is: (a) necessary for that official to perform appropriate tasks that are specified in his or her position description or by a contract agreement; (b) used within the context of official District business and not for purposes extraneous to the official’s areas of responsibility; (c) relevant to the accomplishment of some task or to a determination about the student; and (d) consistent with the purposes for which the data are maintained.

• The disclosure is to officials of another school, school system, or institution of postsecondary education in which the student seeks or intends to enroll, or has enrolled.

• The disclosure is to authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of Education, or state educational authorities.

• The disclosure is in connection with a student’s application for, or receipt of, financial aid.

• The disclosure is to state or local officials and concerns the juvenile justice system’s ability to effectively serve, prior to adjudication, the student whose records are disclosed as provided under the Colorado Open Records Act and Colorado Children’s Code. Such records and personally identifiable information shall only be disclosed upon written certification by the officials that the records and information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the parent/guardian or eligible student.

• The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate or administer predictive tests; to administer student aid programs; or to improve instruction.

• The disclosure is to accrediting organizations to carry out their accrediting functions.

• The disclosure is to comply with a judicial order or lawfully issued subpoena. Unless otherwise specified in the order or subpoena, the District shall inform the parent/guardian or eligible student prior to complying with the subpoena or court order.

• The disclosure is in connection with an emergency, if knowledge of the information disclosed is necessary to protect the health or safety of the student or other persons.

• The disclosure is of “directory information” under the conditions specified in this policy.

Directory Information
For purposes of this policy, “directory information” is information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed. “Directory information” includes, but is not limited to, the student’s name, photograph, audio and/or video recordings, major field of study, grade level, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, honors and awards received, and the most recent educational agency or institution attended. The District may disclose directory information without written consent of the parent/guardian or eligible student; however, student telephone numbers and addresses will not be disclosed without the express written permission of the parent/guardian. The parent or eligible student has the right to refuse to permit the disclosure of any or all of the categories of directory information specified above, provided such refusal is in writing and received in the office of the principal of the school where the student is in attendance no later than September 1 (or the next school day thereafter if September 1 is a Saturday, Sunday or legal holiday).

Disclosure to Military Recruiting Officers
Names, addresses, and home telephone numbers of secondary students will be released to military recruiting officers within ninety (90) days of the request, unless a student submits a written request that such information not be released. Reasonable and customary actual expenses directly incurred by the District in furnishing this information will be paid by the requesting service.

Disclosure to Medicaid
In all cases in which a student is enrolled in the Colorado Medicaid program, the District shall release directory information consisting of the student’s name, date of birth and gender to Health Care Policy and Financing (Colorado’s Medicaid agency) to verify Medicaid eligibility of students. The District shall obtain written consent annually from a parent/guardian or eligible student before the release of any non-directory information required for billing.

Alumni Directories
Directory information for alumni directories may include the student’s name, major activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent and previous education agency or institution attended by the student. Directory information for alumni directories may also include the addresses of former students. Telephone numbers and addresses of current students will not be disclosed pursuant to Colorado law.

The District shall continue to honor requests to opt out of the disclosure of directory information made by or on behalf of a former student while the student was in attendance at a District school, unless the former student rescinds the opt-out request. When a former student is contacted to update and verify data to be contained in an alumni directory, the former student may request that no information be published, and such request shall be honored.

Annual Notification of Rights
At the beginning of each academic year the District will notify all parents/guardians and eligible students of their rights pursuant to this policy. Copies of this policy and relevant forms may be obtained from the School Services office any time during normal business hours. Complaints regarding violations of rights accorded parents/guardians and eligible students pursuant to the Family Rights and Privacy Act may be submitted to the U.S. Department of Education. The name and address of the office that administers FERPA is: Family Policy Compliance Office, U. S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605.