Section J

Section J contains policies on students -- admissions, attendance, rights and responsibilities, conduct, discipline, health and welfare, and school-related activities.

O = Optional These policies should be reviewed to determine whether they meet a particular local need. Most are informational in nature.

P = Priority The subject matter of these policies is required by state and/or federal law.

R = Recommended While these policies are not required by law, they are highly recommended for effective and efficient school board operation.

Sexual harassment is a form of sex discrimination that violates Section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., and Title IX. Sexual violence is a physical act of aggression that includes a sexual act or sexual purpose.

It is the policy of the District to maintain a learning and working environment that is free from sexual harassment and sexual violence. The District prohibits and form of sexual harassment and sexual violence.

It shall be a violation of this policy for any student or employee to harass a student or an employee through conduct or communication of a sexual nature as defined by this policy.

It shall be a violation of this policy for any student or employee to be sexually violent to a student or employee.

The District will act to investigate all complaints, either formal or informal, verbal or written, of sexual harassment or sexual violence and to discipline any student or employee who sexually harasses or is sexually violent to a student or employee of the District.

A. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

1. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or

2. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or

3. That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education, or creating an intimidating, hostile or offensive employment or education environment.

Any sexual harassment as defined when perpetrated on any student or employee by any student or employee will be treated as sexual harassment under this policy.

5. demanding sexual favors accompanied by implied or overt threats concerning an individual's employment or educational status;

6. demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual's employment or educational status;

8. sexual violence, which is a physical act of aggression, that includes a sexual act or sexual purpose.

Any person who believes he or she has been the victim of sexual harassment or sexual violence by a student or an employee of the School District, or any third person with knowledge or belief of conduct which may constitute sexual harassment or sexual violence should report the alleged acts immediately to an appropriate School District official as designated by this policy. The School District encourages the reporting party or complainant to use the report form available from the Principal of each building or available from the Superintendent's office.

A. In Each School Building. The building Principal is the person responsible for receiving oral or written reports of sexual harassment or sexual violence at the building level. Upon receipt of a report, the Principal must notify the Superintendent of Schools immediately without screening or investigating the report. A written report will be forwarded simultaneously to the Superintendent. If the report was given verbally, the Principal shall reduce it to written form within 24 hours and forward it to the Superintendent. Failure to forward any sexual harassment or sexual violence report or complaint as provided herein will result in disciplinary action. If the complaint involves the building Principal, the complaint shall be filed directly with the Superintendent of Schools.

B. District-Wide. The School Board hereby designates the Superintendent of Schools as the School District Human Rights Officer to receive reports or complaints of sexual harassment and sexual violence from any individual, employee or victim of sexual harassment or sexual violence and also from the building Principals as outlined above. If the complaint involves the Superintendent, the complaint shall be filed directly with the School Board.

The School District shall conspicuously post the name of the Human Rights Officer, including a mailing address and telephone number.

C. Submission of a complaint or report of sexual harassment or sexual violence will not affect the individual's future employment, grades or work assignments.

The School District will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the School District's legal obligations and the necessity to investigate allegations of sexual harassment and sexual violence and take disciplinary action when the conduct has occurred.

By authority of the School District, the Human Rights Officer, upon receipt of a report or complaint alleging sexual harassment or sexual violence shall immediately authorize an investigation. This investigation may be conducted by School District officials or by a third party designated by the School District. The investigating party shall provide a written report of the status of the investigation within 10 working days to the Superintendent of Schools. If the Superintendent is the subject of the complaint, the report shall be submitted to the School Board.

In determining whether alleged conduct constitutes sexual harassment or sexual violence, the School District should consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes sexual harassment or sexual violence requires a determination based on all the facts and surrounding circumstances.

The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.

In addition, the School District may take immediate steps, at its discretion, to protect the complainant, students and employees pending completion of an investigation of alleged sexual harassment or sexual violence.

A. Upon receipt of a recommendation that the complaint is valid, the School District will take such action as appropriate based on the results of the investigation.

B. The result of the investigation of each complaint filed under these procedures will be reported in writing to the complainant by the School District. The report will document any disciplinary action taken as a result of the complaint.

The School District will discipline any individual who retaliates against any person who reports alleged sexual harassment or sexual violence or who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual harassment or sexual violence complaint. Retaliati includes, but is not limited to, any form of intimidation, reprisal or harassment.

These procedures do not deny the right of any individual to pursue other avenues of recourse that may include filing charges with the Commissioner of Education, initiating civil action or seeking redress under state criminal statutes and/or federal law.

Under certain circumstances, sexual harassment or sexual violence may constitute sexual abuse under New Hampshire law. In such situations, the School District shall comply with said law.

Nothing in this policy will prohibit the School District from taking immediate action to protect victims of alleged sexual abuse.

The School District will take such disciplinary action it deems necessary and appropriate, including warning, suspension or immediate discharge to end sexual harassment and sexual violence and prevent its recurrence.

Any individual with a sexual harassment complaint may choose to bypass this Policy and accompanying regulation and proceed directly to: N.A. Commission on

The School District maintains a firm policy prohibiting all forms of discrimination based on sex. Sexual harassment and sexual violence against students or employees is sex discrimination. All persons are to be treated with respect and dignity. Sexual violence, sexual advances or other forms of personal harassment by any person, male or female, which create an intimidating, hostile or offensive environment will not be tolerated under any circumstances.

Name of person you believe sexually harassed or was sexually violent toward you.

Describe the incident(s) as clearly as possible, including such things as: what force, if any, was used; any verbal statements (i.e., threats, requests, demands, etc.); what, if any, physical contact was involved; what did you do to avoid the situation, etc. (Attach additional pages if necessary.)

This complaint is filed based on my honest belief that has sexually harassed or was sexually violent to me. I hereby certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge and belief.

Policies: GBAA & JBAA

CHANGE OF SCHOOL ASSIGNMENT

In circumstances where the best interests of a pupil warrant a change of school or assignment, the Superintendent is authorized to re-assign a pupil from the public school to which he/she is currently assigned to another public school, or to approve a request from another superintendent to accept a transfer of a pupil from a school district that is not part of the SAU, under the following conditions and procedure.

1. The parent(s) or legal guardian(s) (or superintendent of another SAU) shall make a written request to the Superintendent for a change of school assignment.

In the request, the parent(s)/legal guardian(s) shall state why the best interests of the pupil warrant a reassignment.

2. The Superintendent shall fully consider this written request, shall meet with the parent(s) or legal guardian(s), if necessary, and shall make a decision concerning the re-assignment request.

3. The Superintendent's decision shall be based on the best interests of the pupil, as determined by the Superintendent. The Superintendent may develop administrative regulations concerning the factors that will be considered in making such a determination .

4. If the Superintendent determines that the best interests of the pupil warrant a reassignment, he/she may approve reassignment of the pupil to (a) another school within the same school district, (b) another school district within the same SAU, or (c) a school district in another SAU, subject to the pupil meeting the admisson requirements of such school, and subject to the agreement of the superintendent of the receiving SAU.

5. The Superintendent's re-assignment decision shall be in writing, and shall be final and binding.

6. The total reassignments or transfer made under this policy in any one school year shall not exceed one (1) percent of the average daily membership in residence of a school district, or five (5) percent of the average daily membership in residence of any single school, whichever is greater.

7. Reassignments made under this policy which exceed the percentages provided in #6 above, must be have the prior written approval of the School Board.

Pupils reassigned under this policy shall be counted in the average daily membership in residence of a given pupil's resident school district. Said pupil's resident district shall forward any tuition payment due to the District to which said pupil was assigned.

The superintendents involved in the reassignment of a pupil shall jointly establish a tuition rate for each such pupil. Some or all of the tuition may be waived by the superintendent of the receiving district for good cause shown, or pursuant to any applicable policy (ies) of the receiving district, presuming said action is not contrary to law.

The cost of transportation for any pupil re-assigned under this policy shall be the sole responsibility of the parent/legal guardian.

The Superintendent of the pupil's resident SAU shall notify the Department of Education within thirty (30) days of any reassignment made under this policy.

When a parent(s)/legal guardian(s) believe that an initial assignment has been made which will result in a manifest educational hardship to the pupil, said parent(s)/legal guardian(s) may seek a change of assignment in accordance with RSA 193:3 I. and II., and Policy JEC, Manifest Educational Hardship.

NEW POLICY, DECEMBER 2001

Compulsory attendance shall be required of all children in accordance with RSA 193:1.

A student may enter grade one if his/her chronological age will be six before September 30 of the year of entering school.

A student may enter kindergarten if his/her chronological age will be five before September 30 of the year of entering school.

A birth certificate must be presented upon registration as proof of the date of birth.

In-coming transfer students in grades 2-8, inclusive, will be initially placed in accordance with the data forwarded by the sending District. Such placement is tentative and subject to reassignment by the Superintendent of Schools or his/her designee.

In-coming transfer students in grade 1 will only be initially admitted to grade 1if their chronological age will be six before December 31 of the year of entering school or if previously enrolled in grade 1 in another community and attending local schools only on a temporary basis (10 months or less). Such placement is tentative and subject to reassignment by the Superintendent.

Resident students of the District shall be assigned to a public school within the District by the Superintendent, or designee.

The Board recognizes that in unusual and extraordinary circumstances, parent(s) or guardian(s) may wish to request a change of assignment to another public school within the District, or a public school in another district. When the parent(s) or guardian(s) believe that the assignment that has been made will result in a manifest educational hardship to the student, the Board will consider these requests, according to the procedure outlined below.

The following procedures will be utilized where a parent(s) or guardian(s) seeks a change of assignment within the District, or a waiver of assignment from attending any school in the District based on an assertion that the current assignment constitutes a manifest educational hardship:

1. The parent(s) or guardian(s) shall make a written request, through the Superintendent's office, detailing the specific reasons why they believe that the current assignment constitutes a manifest educational hardship. Any such written request shall be made by the parent(s) or guardian(s) within fifteen (15) days of the assignment made by the Superintendent or designee.

2. The Board will schedule a time at a regular board meeting held within thirty (30) days of receipt of the written request of the parent(s) or guardian(s) to hear the parent(s) or guardian(s) request. At such time, the parent(s) or guardian(s)may address the Board. The Board will hear the parent(s) or guardian(s) request in non-public session, subject to the right of the parent(s) or guardian(s) to have the matter heard in public session under RSA 91-A:3 II. (c).

3. The parent(s) or guardian(s) of the student may use whatever information they deem is appropriate to support their request. At a minimum, however, the parent(s) or guardians(s) must submit information demonstrating to the School Board that the current assignment is detrimental or has a negative effect on the student

4. In determining whether the current assignment of the student constitutes a manifest educational hardship, and what the corresponding appropriate action should be (which may include, but not be limited to, assignment to a public school in another district) the Board shall consider all information given it by the parent(s) or guardian(s), the recommendations of the Superintendent, and any other information which the Board deems relevant and useful.

5. The Board reserves the legal right to make a determination on whether a given request constitutes a manifest educational hardship, and what the corresponding action should be, on a case by case basis.

6. The Board will render its decision in writing within fifteen (15) days after the Board meeting in which the parent(s) or guardian(s) addressed the Board, and will forward its written decision to the parents or guardians via US mail.

7. If a parent or guardian is aggrieved by the decision of the Board, he/she may appeal to the State Board of Education in accordance with the provisions of Ed 200.

RSA 193:3, which requires each school district to establish a policy on change of assignment due to manifest educational hardship

Ed 320, which are the State Board of Education Rules concerning manifest educational hardship

It is the policy of the Board that all students enrolling in school must do so on a full-time basis. "Full-time basis" shall be defined as attending classes for the full instructional day within the public school system or in conjunction with another state-accredited institution such as a vocational-technical school or a college or university for concurrent enrollment. The only exception to this policy shall be for fifth-year seniors and special education students whose IEPs require variations of student schedules. In the event the State Department of Education advises that part-time students can be counted for state aid purposes, the Board will reconsider this policy.

Residency for the purpose of enrollment in a District school shall be defined by RSA 193:12.

The purpose of this Technical Assistance Advisory is to clarify existing law with respect to a pupil’s district of residency and school district liability for educational costs when a child is placed in a home for children; the home of a relative or friend by the Department of Health and Human Services or a court of competent jurisdiction pursuant to RSA 169-B, RSA169-C, RSA 169-D, or RSA 463; health care facility; or state institution.

(a) “Legal residence” means, in the case of a minor, where the parents reside, except:

(1) If parents live apart and are not divorced, legal residence is the residence of the parent with whom the child resides.

(2) If parents are awarded joint legal custody the legal residence of a minor child is the residence of the parent with whom the child resides.

(3) If a parent is awarded sole or primary physical custody, legal residence of a minor child is the residence of the parent who has sole or primary physical custody.

(4) If the parent with sole or primary physical custody lives outside the state of New Hampshire, a minor child does not have residence in New Hampshire.

(5) If the parents are awarded joint or shared physical custody legal residence of a minor child is the residence of whichever parent has primary physical custody. If primary physical custody is not awarded by a court of competent jurisdiction, the legal residence of a minor child is the residence of the parent with whom the child resides more than 50% of the school week, or 3 days out of the 5-day school week.

(b) “Legal guardian” means a person appointed by a probate court in New Hampshire or a court of competent jurisdiction in another state, territory, or country. A legal guardian shall not be appointed solely for the purpose of allowing a pupil to attend school in a district other than the district of residence of the minor’s parent or parents

(1) Legal resident of a school district is “a natural person who is domiciled in the school district and who, if temporarily absent, demonstrates an intent to maintain a principal dwelling place in the school district indefinitely and to return there, coupled with an act or acts consistent with that intent.

(2) A married person may have a domicile independent of the domicile of his or her spouse.

(3) If a person removes to another town with the intention of remaining there indefinitely, that person shall be considered to have lost residence in the town in which the person originally resided even though the person intends to return at some future time.

(2) Have a primary nighttime residence in a supervised publicly or privately operated shelter for temporary accommodations such as:

d. A public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings.

(f) “Home of a relative or friend” means an unlicensed home of a relative or friend where a child has been placed by the Department of Health and Services or a court of competent jurisdiction. “Friend” means any non-relative.

(g) “Legal custody” means an award of legal custody by a court of competent jurisdiction, in this state or in any other state. A parent shall not have legal custody if legal custody has been awarded to some other individual or agency, even if that parent retains residual parental rights.

(h) “Placement” means the physical placement of a child in a residence. For purposes of assigning financial or programmatic responsibility for a child’s education or special education and related services, it shall not include incidental, transient, or short-term stays of an emergency nature

(a) No person shall attend school, or send a pupil to the school, in any district of which the pupil is not a legal resident, without the consent of the district or of the school board.

(b) In accordance with RSA 189:1-a, “It shall be the duty of the school board to provide, at district expense, elementary and secondary education to all pupils who reside in the district until such time as the pupil has acquired a high school diploma or has reached age 21, whichever occurs first; provided, that the board may exclude specific pupils for gross misconduct or for neglect or refusal to conform to the reasonable rules of the school, and further provided that this section shall not apply to pupils who have been exempted from school attendance in accordance with RSA 193:5.”

(c) “Whenever any child is placed and cared for in any home for children, or is placed by the department of health and human services in the home of a relative or friend of such child pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, such child, if of school age, shall be entitled to attend the public schools of the school district in which said home is located unless such placement was solely for the purpose of enabling a child residing outside said district to attend such schools, provided that the school district for a child placed in a group home, as defined in RSA 170-D:25,II(b), within a cooperative school district, shall be the cooperative school district.” (RSA 193: 28)

(a) Nothing shall limit or abridge the right of any child placed and cared for in any home for children, as defined in RSA 193:27, to attend school in the district in which the home is located.

(b) Any child placed in the home of a relative or friend by the Department of Health and Human Services, or by a court pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, may attend the public schools of the school district in which the home for children or home of the relative or friend is located.

(c) Whenever a parent or guardian voluntarily places a child with a relative at the recommendation or request of the Department of Health and Human Services, that child shall be permitted to attend the public schools of the school district in which that relative resides provided that:

“Upon request of the school district, the Department of Health and Human Services shall confirm that the department recommended or requested that the child be placed with the relative to promote the child’s well being, and not for the purpose of allowing the child to attend school in the district where the relative resides; and

Upon request of the school district, the relative shall take reasonable steps to secure a court award of guardianship over the child; the child being allowed to attend school in that district while the relative seeks guardianship.” (RSA 193:12,V,a)

Legal Guardianship

a)Legal guardianship shall not be appointed solely for the purpose of allowing a pupil to attend school in a district other than the district of residence of the minor’s parent or parents.

(b) Whenever a petition for guardianship or legal custody is filed in a court of competent jurisdiction on behalf of a relative of a child, other than a parent, the child shall be permitted to attend school in the district in which the relative of the child resides pending a court determination relative to custody or guardianship.

(c) Upon the request of the school district, the relative shall take reasonable steps to secure a court award of guardianship over the child, and the child shall be allowed to attend school in that district while the relative seeks guardianship.

(d) Any change of legal guardianship shall be filed with and approved by the probate court.

(e) If guardianship papers are filed with the probate court, the pupil shall be entitled to attend school in the district in which the guardian resides.

(f) Once guardianship is approved, the pupil shall be a resident of the school district in which the guardian resides.

Liability of School District for Special Education Costs.

(1) placed in a home for children, the home of a relative or friend by the Department of Health and Human Services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, or RSA 463, health care facility, or state institution; and

(2) the child is not in the legal custody of a parent or if the parent resides outside the state, then the school district in which a child most recently resided prior to such placement shall be liable for the cost of special education and related services. However, if the child is retained in the legal custody of a parent residing within the state, the school district in which the parent resides shall be liable for the cost of special education and related services.

(b) If custody is transferred subsequent to the original placement of a child in a home for children, the home of a relative or friend in which a child is placed by the Department of Health and Human Services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, health care facility, or state institution, then the “sending district” shall be, from the change in legal custody or guardianship forwards, that district in which the child resided at the time of the original placement.

(c) If a pupil 17 years of age or older, who is living independently, is placed in a non-residential facility by the Department of Health and Human Services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, the pupil shall be considered a resident of the school district in which he/she is living.

(d) If a pupil 17 years of age or older is placed in a residential facility by the Department of Health and Human Services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, the school district which was liable for the cost of special education and related services immediately prior to the pupil’s 17th birthday shall remain the school district of liability.

(e) If a child is placed by the Department of Health and Human Services or a court of competent jurisdiction pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463, and the parent resides outside the state of New Hampshire, the district of liability shall be determined in accordance with the interstate agreement.

(a) The superintendent shall decide all residency issues within a school district.

(b) If more than one school district is involved in a residency dispute or the parents who live apart cannot agree on the residence of a minor child, the respective superintendents shall jointly make such decision.

(c) In those instances when an agreement between superintendents cannot be reached within 10 days, the Commissioner of Education shall make a determination.

(d) The Superintendents shall jointly submit to the Commissioner a written Request for Determination of Residency identifying the specific issues involved in the residency dispute.

(e) The Commissioner, upon receipt of the written Request for a Determination of Residency, shall utilize the provisions of Ed 200, except that Ed 213 shall apply to a proceeding before the Commissioner.

(f) A decision of the Commissioner of Education may not be appealed to the State Board of Education.

(g) If the residency dispute does not involve more than one school district the dispute shall be resolved by the local school board. Such decision may be appealed to the State Board in accordance with Ed 200.

(h) During the pendency of a determination of residency, a pupil shall remain in attendance in the pupil’s current school.

Appeals: District of Liability

(a) The State Board of Education shall determine the district of liability in disputes involving a special education child placed in the home of a relative of that child by the Department of Health and Human Services, or placed in the home of a relative or friend by a court pursuant to RSA 169-B, RSA 169-C, RSA 169-D, or RSA 463.

(b) Such determination shall be made in accordance with rules adopted by the State Board of Education.

(a) No person shall attend school, or send a pupil to the school, in any district of which the pupil is not a legal resident, without the consent of the district or of the school board except as otherwise provided by law or a local school board policy.

(b) Each school district shall adopt an admission and attendance of non-resident student’s policy.

Purpose

The purpose of this advisory is to provide clarification concerning the education of homeless students in New Hampshire. Varying Interpretations of homelessness, school placement, and New Hampshire Residency Law regarding homeless students have led to confusion and in certain instances have prohibited children from enrolling and attending school. This advisory addresses the basic requirements for school districts to meet the needs of homeless students and answers some of the most frequently asked questions.

Definition

The Stewart B. McKinney Homeless Assistance Act, Subtitle VII-B: Education of Homeless Children and Youth, protects homeless children and youth from being excluded from school enrollment due to the nature and impermanence of their night-time residence. Under the McKinney Act, school districts must review any rules or regulations, practices, or policies that may act as barriers to the enrollment of homeless children and undertake steps to revise such regulations, practices or policies to assure that homeless children and youth are afforded the same opportunities as non-homeless children and youth.

“New Hampshire Education for Homeless Children and Youth”, means as part of the Stewart B. McKinney Homeless Assistance Act, that a homeless child has the right to:

• Remain in the school of origin (last school attended or school attended when child lost housing) for the remainder of the academic year, or if the child or youth became homeless between academic years, for the following academic year, or attend the school nearest their shelter or temporary home. To the extent feasible, the Local Education Agency (LEA) shall comply with the request made by the parent or guardian regarding school placement, regardless of whether the child or youth lives with the homeless parent(s) or is temporarily living elsewhere.

• Immediate enrollment, even when school or medical records cannot be produced at the time of enrollment.

There are options, whichever is in the best interest of the child or youth, either

•The school of origin, which is the school attended when last permanently housed, or the school in which the child was last enrolled; or

•Any school in which non-homeless students living in the attendance area are eligible to attend. In making a determination of school attendance, the best interest of the child and the request of the parent and/or youth are to be considered.

No. Lack of school records or immunizations cannot prevent a homeless student from enrolling in a new school. It is the responsibility of the new school to request health and academic records from the previous schools in a “timely manner” and to refer parents and/or youth to a physician or to a free or low cost clinic for any required immunizations. Homeless students do not need to wait until academic or health records arrive to attend the new school. Federal law requires immediate enrollmentof homeless children and youth.

If a family, out of necessity, because of lack of housing, must reside in a shelter, motel, vehicle, campground, on the street, or doubled up with family or friends, they are homeless. Children and youth living under these or similar circumstances with or without other family members, are considered homeless

Does homelessness have to be proven?

No. If a family reports they are homeless, the case must be decided individually. Present living conditions (i.e., shelter, campground, motel, hotel or doubled-up families) should be reviewed according to present situation of the family and relative permanence and adequateness of the living environment.

Does residency have to be proven in order for a homeless child to enroll in school?

No. Proof of residency is not required for the enrollment of homeless children. A school may require the parents or guardian of a homeless child to submit an address or other information for contact purposes, as they would for any non-homeless child enrolling in their school.

How does the New Hampshire Residency Law deal with school enrollment of homeless students?

• RSA 193:12 (IV) provides the definition of a homeless child and exceptions to legal residence requirements for homeless pupils. Homeless pupils may attend school in either the district the child/youth is presently residing or, if parents and another district agree, in the best interest of the child, for continuity of education, remain in the school the child/youth was attending when he/she became homeless (known as the school of origin).

• In those cases when there appears to be a conflict in state law and federal law with respect to homeless students, federal law prevails.

What if there is a disagreement on school placement between two superintendents?

The following procedures are in place if superintendents are not able to reach a placement agreement, taking into consideration the best interest of the student(s), and request of the parent(s):

• The Coordinator for the Education of Homeless Children and Youth, Lynda Thistle Elliott (271-3840) may be called upon to help resolve differences.

• In those instances when an agreement between superintendents cannot be reached within 10 days, the Commissioner of Education will make a determination.

• The Superintendents shall jointly submit to the Commissioner a written Request for Determination of Residency identifying the specific issues involved in the residency dispute.

• The Commissioner, upon receipt of the written Request for Determination of Residency, shall utilize the provisions of Ed 200, except that Ed 213 shall apply to a proceeding before the Commissioner.

• A decision of the Commissioner of Education may not be appealed to the State Board of Education.

What if there is a school placement dispute between homeless constituents and Local Education Agencies (LEAs)?

The following steps are provided when there is a placement dispute between parents/youth and LEAs:

• Informal discussion between school district personnel and homeless parents/or or homeless youths to reach a mutually agreeable solution.

• The State Coordinator for the Education of Homeless Children and Youth (271-3840) may be called upon to help resolve continued differences.

• If the residency dispute does not involve more than one school district the dispute shall be resolved by the local school board. Such decision may be appealed to the State Board of Education. The State Coordinator will provide information to the homeless parents and or youths and the school district about the state appeals process in accordance with the New Hampshire Code of Administrative Rules, Chapter Ed 200.

• During the pendency of a determination of residency, a pupil shall remain in attendance in the pupil’s current school.

If you have questions about enrolling homeless children or youth or providing services please call the Department of Education Homeless Education Program at 271-3840 or e-mail LthistleElliott@ed.state.nh.us.

All new resident students, accompanied by parent or guardian, should register at school before opening day and as early as possible.

Children entering school for the first time must have proof of physical examination, immunization records, a copy of the child's birth certificate and proof of residency satisfactory to the Superintendent or his/her designee. Principals or their designees will meet with new children and parents and to explain school programs.

Nonresident students may attend District Schools when their attendance has been approved by the Board. Tuition will be charged at a rate set by the Board and billed quarterly in advance to the sending District or parent responsible for payment. When a sending district is responsible for tuition, approval must be received from the sending district school board.

Anticipated Occupancy within 60 school days

1. Provide a copy of the purchase and sale agreement that includes the anticipated occupancy date to the school office.

2. Provide a letter to the Superintendent of Schools asking for permission to register at a Windham school before they are legal residents.

3. If the anticipated occupancy date is less than 60 school days, the superintendent has the ability to allow the parent to register the student at a Windham Public School. In all cases, parents will be informed that if occupancy is not granted by the Town of Windham within 60 school days, the parents will be assessed tuition on a prorated daily basis for school attendance beyond the 60-day limit.

4. The school office is responsible for tracking and obtaining the occupancy permit within the 60 school day time limit.

5. If extenuating circumstances exist that extend beyond the original anticipated occupancy, the school office will contact the superintendent’s office.

Anticipated Occupancy is greater than 60 school days

1. Provide a copy of the purchase and sale agreement that includes the anticipated occupancy date to the school office.

2. Provide a letter to the Superintendent of Schools asking for permission to register at a Windham school before they are legal residents.

3. If the anticipated occupancy date is greater than 60 school days, the superintendent will present the case to the Windham School Board for approval.

4. In all instances where occupancy is granted beyond the 60-day grace period, tuition will be charged at a prorated daily rate.

In order to promote cultural awards and understanding and to provide diverse experiences to district students, the board shall admit foreign exchange students into the schools of the district.

The board shall accept foreign exchange students who meet the established guidelines for admission to district schools.

The board may accept exchange students on a J-1 Visa who reside within the district as participants in group-sponsored exchange programs approved by the board. The board may waive tuition for these exchange student(s).

The board shall accept privately sponsored exchange students on a F-1 Visa for attendance in secondary schools upon payment of tuition at the established district rate; tuition payments may not be waived. The period of attendance shall not exceed twelve (12) months.

The board reserves the right to limit the number of foreign exchange students admitted to the school.

The superintendent or designee shall be responsible for determining the visa status and eligibility of foreign exchange students applying for admission to district schools.

Foreign exchange students shall comply with all immunization requirements for students. Once admitted, all exchange students shall be subject to all district policies and regulations governing students.

No student will be admitted who has already graduated from the equivalent of twelfth grade or who will reach the age of twenty-one years on or before September 15 of that school year.

The student must have average or above-average grades in school at home and must not require special education services in order to function in the regular

The student must have sufficient knowledge of the English language to enable effective oral and written communication and to function in a regular educational setting without special assistance. If a student's English proficiency is found to be insufficient to function in the regular Instructional programwithout special assistance, the exchange program or private sponsor must provide a tutor or make other educational arrangements for the student at their expense. If the program or sponsor fails to do so, the student will be withdrawn and INS will be notified.

The district will not provide foreign students with admission to special education programs. English as a Second Language programs, post secondary options or other special programs.

Students are expected to take five classes per term including one language arts or English class and one American history or government class and expected to maintain passing grades in all classes.

Foreign students will be treated as regular students. They are responsible for complying with all district policies and regulations.

Foreign students are expected to pay for all lunches, books, athletic and student activity fees and other fees, yearbook costs, and all other expenses normally borne by students in the district. Foreign students are not entitled to free or reduced prices for lunches.

The sponsor, host family and local program representative must maintain personal contact with the school, must be available and willing to meet with school personnel when problems or circumstances require and must assume full and final responsibility for resolving problems including the early returns of the student if personal, family or school difficulties cannot be resolved.

If a student's grades, conduct or discipline are deemed unsatisfactory by the school, the student may be withdrawn.

Approvals for admission must be obtained from the district, between April 15th and July 31st,for the following school year or between October 15th and December15th for the second semester, except under unusual circumstances.

All applications will be screened by the superintendent or designee before theyare forwarded for review and approval of the principal of the school where admission is being requested.

The student must attend the school in the attendance area in which the host family or sponsor lives, unless an appropriate transfer is approved by the district.

Should a large number of foreign students be scheduled for a particular school, a transfer to another school may be recommended by the district in order to create a balance in foreign student enrollment.

Upon the student's arrival in the district, the adult sponsor (host family and/or local representative of the exchange program) and student must come to the school to complete the enrollment process. Students must arrive in sufficient time for attendance on the first day of school.

2. Recent official transcript with English translation reflecting courses taken and grades earned

4. Evidence of medical insurance that will cover the student while residing in the district.

5. A letter of application written in English by the student that provides pertinent information about the student, including student's name, age, birth date, home address and phone number, level of education, reasons for wanting to attend school in the district and the projected duration of enrollment.

6. The names, addresses and phone numbers of the exchange student's own parents/guardians, the host family and the local exchange program representative.

7. Proof of English proficiency, including evidence that the student has successfully completed a minimum of three years of instruction in English and a letter of recommendation from the English language teacher documenting the level of proficiency or evidence that the student has passed a test of English language proficiency, such as the SLEP, TOEFL or FSI.

8. A notarized temporary custody agreement between the student's parent and the host family and/or exchange program.

• A statement from an officer of a bank or other financial institution in which deposits are recorded giving details regarding the date the

• A statement from the employer on letterhead stationery showing the date and nature of employment, the salary paid and whether the position is temporary or permanent

Only programs designated by the United States Information Agency will be considered for placement of foreign students on J-1 visas.

The program must have a local representative residing in or near the district who will meet with the student, host family, and school personnel on a regular basis.

Orientation, both pre-departure and upon arrival in the United States, must be provided to help foreign students adjust to a new culture. Ongoing contact and support from the local representative of the exchange program must also be provided.

Orientation must be provided to the host family in advance of the foreign student's arrival. The family should be acquainted with the needs and requirements of housing a visitor for a long period of time, advised of potential problems in hosting a foreign student and provided with suggestions for coping with these problems. Ongoing contact and support from the local representative of the exchange program must also be provided.

ADMISSION OF HOMELESS STUDENTS

To the extent practical and as required by law, the district will work with homeless students and their families to provide stability in school attendance and other services. Special attention will be given to ensuring the enrollment and attendance of homeless students not currently attending school. Homeless students will be provided district services for which they are eligible, including Head Start and comparable pre-school programs, Title I, similar state programs, special education, bilingual education, vocational and technical education programs, gifted and talented programs and school nutrition programs.

Homeless students are defined as (per NCLB definitions) lacking a fixed, regular and adequate nighttime residence, including:

1. Sharing the housing of other persons due to loss of housing or economic hardship;

2. Living in motels, hotels, trailer parks or camping grounds due to lack of alternative adequate accommodations;

6. Living in public or private places not designed for or ordinarily used as a regular sleeping accommodations for human beings;

7. Living in cars, parks, public spaces, abandoned buildings, substandard housing, transportation stations or similar settings;

The Superintendent shall designate an appropriate staff person to be the district’s liaison for homeless students and their families.

To the extent feasible, homeless students will continue to be enrolled in their school of origin while they remain homeless or until the end of the academic year in which they obtain permanent housing. Instead of remaining in the school of origin, parents or guardians of homeless students may request enrollment in the school in which attendance area the student is actually living, or other schools.

If there is an enrollment dispute, the student shall be immediately enrolled in the school in which enrollment is sought, pending resolution of the dispute. The parent or guardian shall be informed of the district’s decision and their appeal rights in writing. Unaccompanied youth will also be enrolled pending resolution of the dispute.

Once the enrollment decision is made, the school shall immediately enroll the student, pursuant to district policies. If the student does not have immediate access to the immunization records, the student shall be admitted under a personal exception. Students and families should be encouraged to obtain current immunization records or immunizations as soon as possible, and the district liaison is directed to assist. Records from the student’s previous school shall be requested from the previous school pursuant to district policies. Emergency contact information is required at the time of enrollment consistent with district policies.

Homeless students are entitled to transportation to their school of origin or the school where they are to be enrolled. If the school of origin is in a different district, or a homeless student is living in another district but will attend his or her school of origin in this district, the districts will make reasonable efforts to coordinate the transportation services necessary for the student.

The district’s liaison for homeless students and their families shall coordinate with local social services agencies that provide services to homeless children and youths and their families; other school districts on issues of transportation and records transfers; and state and local housing agencies responsible for comprehensive housing affordability strategies. The district’s liaison will also review and recommend to the district policies that may act as barriers to the enrollment of homeless students.

Regular and punctual patterns of attendance will be required of each student enrolled in the District. Building Principals are responsible for developing Student Handbooks, which will include rules regarding student absences, excuses and truancy. These rules will apply to all students.

Unauthorized absence from school is considered truancy and will be treated as such in accordance with the rules of the Parent-Student Handbook.

Any staff member aware of a student leaving a class or the school grounds without permission shall report the departure immediately to the Principal.

Absent students not having parent/guardian permission are considered by and seriousness of the problem and enclose a copy of RSA 193: 1 school the school as being truant. Students so identified will be contacted by either a school official or the juvenile officer and brought to school. The school administration will send a letter to parents of the truant student. If the truancy problem continues, the school administrator will send by registered mail a letter to the parents of the truant student, indicating the nature attendance law.

Each school principal is responsible for overseeing attendance procedures and ensuring that:

1. Attendance is accurately checked and reported to the school office daily for each class.

3. All permanent records of student attendance are maintained at the SAU office.

All school personnel are to be instructed to refuse requests for children to leave the school grounds once they have come to the school or have been deposited there from the school buses or other vehicles. Children shall not leave the school grounds from the time they arrive until the time of their departure for home except as follows:

a. No school or grade may be dismissed before the regular hour for dismissal except with the approval of the Office of the Superintendent of Schools.

b. No teacher may permit any individual student to leave school prior to the regular hour of dismissal except by permission of the Principal or his/her designated representatives.

c. No student may be permitted to leave school prior to the dismissal hour for any reason unless permission of the parent or guardian has been first secured, nor sent home unless a responsible adult is at the home. Any student being released during the school day must be released through the school office when he/she leaves and must report to the office when he/she returns, except that Students who are ill may also be released through the Nurse's office. Students will be released only when legally authorized by the parent or legal guardian. Students traveling on school buses to school-sponsored activities will return from the activity on the bus unless released to their parents.

STUDENT RIGHTS AND RESPONSIBILITIES

Student rights and responsibilities shall be published in the Parent-Student Handbook.

STUDENT DUE PROCESS RIGHTS

STUDENT INVOLVEMENT IN DECISION - MAKING

The role of the school is to create a stimulating learning climate that develops Active involvement of students in their education and develops a spirit of inquiry. The Board believes that a student should:

1. Be encouraged to participate in planning classroom activities and in improving courses of studies;

2. Feel free to express, without fear, their own opinions, recognizing that every privilege and right has a corresponding responsibility.

3. Be involved in the planning of assembly programs and school-sponsored forums of interest;

4. Be encouraged to participate in student government organizations that provide students with a voice in school affairs; and

5. Be encouraged to participate in a variety of extra-curricular activities to broaden their educational experiences.

6. The Board may choose to add a nonvoting student member from a high school in the District to the Board.

STUDENT GOVERNMENT

The Board sanctions and recommends the organization of student government bodies in the middle and high schools.

Members to student councils shall be elected democratically. The rights and responsibilities of the council shall be clearly set forth. A staff advisor for each student council shall be chosen by the Principal.

STUDENT CONDUCT

All student behavior must be based on respect and consideration for the rights of others.

Students shall receive annually at the opening of school a publication listing the rules and regulations to which they are subject.

Students have a responsibility to know and respect the rules and regulations of the school. Students have the further responsibility to behave in a manner appropriate to good citizenship everywhere. This includes treating all students and staff with courtesy, consideration and respect. Insults, force, or sarcasm shall not be used.

STUDENT DRESS CODE

Specific appropriate dress standards are designed to promote the health and safety of all students. Dress codes ensure that all students will have the right to learn without being offended or distracted in the learning process by the clothing or appearance of others. Students are expected to adhere to standards of dress and appearance that are compatible with an effective learning environment. Presenting a bodily appearance or wearing clothing which is disruptive, provocative, revealing, profane, vulgar, offensive, or endangers the health or safety of the student or other students is prohibited. The dress code will be followed at all school functions, unless otherwise specified for special events.

Building principals are authorized to issue regulations to implement this policy, provided that such regulations are approved by the Superintendent.

Students have the responsibility to learn and observe the basic standards of appropriate school dress, personal cleanliness, modesty and good grooming.

Expectations for appropriate school attire may include, but are not limited to, the following:

Students who violate the dress code for the first time will be given a warning, unless the attire is such an egregious infraction that it cannot be allowed. Second violations will require that the student must change his/her clothes, which may involve parents bringing in clothing from home. Future violations will result in more significant consequences

It is the policy of the Windham School District that its students have an educational setting that is safe, secure, peaceful and free from student harassment, also known as bullying. The District will not tolerate unlawful harassment of any type and conduct that constitutes bullying as defined herein will not be tolerated.

“Bullying” for purposes of this policy is defined as insults, taunts, or challenges, whether verbal, symbolic or physical in nature, which are likely to intimidate or provoke a violent or disorderly response. Bullying in violation of this policy may not rise to the level of unlawful harassment under Title IX of the Education Acts of 1972, the Americans With Disabilities Act, Title VI, or the Rehabilitation Act of 1974.

1. Any student who believes that they have been a victim of bullying may report the alleged act to the building principal. If a student is more comfortable reporting the alleged act to a person other than the building principal, the student may contact any School District employee.

2. Any school employee, or employee of a company under contract with the school or School District, who has witnessed or has reliable information that a student has been subjected to bullying, shall report the incident to the student’s principal or the principal’s designee.

3. Upon receipt of a report of bullying, the principal or designee shall, within 24 hours, forward a written report to the superintendent of the incident and the principal or designee’s response to the incident.

2. The principal will take such disciplinary action deemed necessary and appropriate, including but not limited to detention, in-house suspension, out-of-school suspension or referral to the superintendent to consider long-term suspension or expulsion in order to end bullying and prevent its recurrence

3. The School District shall follow its discipline policies when administering discipline.

Under certain circumstances, bullying could constitute abuse under RSA 169-C, the Child Abuse Reporting Act. In such situations, employees shall comply with provisions of the School District’s policy JLF and the law.

Bullying may constitute sexual harassment in which case it shall be subject to the School District’s policy JBAA.

A school employee, or employee of a company under contract with a school or school district, who has reported violations under this chapter to the principal, or designee shall be immune from any cause of action which may arise from the failure to remedy the reported incident.

Also EEA & EEAEC

STUDENT CONDUCT ON SCHOOL BUSES

Students using District transportation must understand that they are under the jurisdiction of the School from the time they board the bus stop until they exit the bus stop.

Students transported in a school bus shall be under the authority of the District and under control of the bus driver. Continued disorderly conduct or persistent refusal to submit to the authority of the driver shall be sufficient reasons for a student to be denied the privilege of transportation in accordance with the regulations of the Board.

The driver of the bus shall be held responsible for the orderly conduct of the students transported. Each driver has the support of the Board in maintaining good conduct on the bus. If a student is to lose the privilege of riding the bus, advance warning will be given, except for extreme misconduct.

The Superintendent or his/her designee will develop rules and regulations for conduct on buses, and these shall be printed in the Parent-Student Handbook.

RSA 189:6-9a

STUDENT RULES AND CONDUCT ON THE SCHOOL BUS

1. Pupil shall arrive at the bus stop at least five (5) minutes before the bus is scheduled to arrive.

2. Pupil shall wait in a safe place, clear of traffic until the bus stops, door is open, red flashing lights are on, and the driver has directed you to proceed.

4. Pupil shall cross the road or street in front of the bus only after the bus has come to a complete stop and upon direction of the driver (10-foot minimum crossing distance).

5. Pupil shall go directly to an available or assigned set when entering the bus and move in toward the window.

6. Pupil shall remain seated until they have reached their designated stop and the bus has come to a complete stop. Aisles and exits must be kept clear at all times and emergency door will be used for emergencies only.

7. Everyone shall observe classroom conduct and obey the driver promptly and respectfully. The driver is in complete charge of the bus and his/her decisions and requests must be followed.

8. Pupil is permitted to carry only objects that can be held on his/her lap, unless authorized by school personnel.

12. Pupil shall refrain from leaving or boarding the bus at locations other than assigned stops at home or school. Students may ride only the bus that they have been assigned. (Exceptions will only be made with a note from a principal.)

13. Pupil is prohibited from extending head, arms or objects out of the bus windows. Students will not be allowed to lower windows without permission of the driver.

15. When necessary, students will be expected to sit three passengers to a seat.

16. Pupil is prohibited from using tobacco, alcohol, drugs, or any controlled substance. The police will be notified whenever a student is involved with the possession and/or use of alcohol, drugs, or any illegal substances.

17. Pupil shall refrain from the use of profane language, obscene gestures, excessive noise, fighting, wrestling or acts of physical aggression on the bus.

18. Pupil shall not carry hazardous material, nuisance items and animals onto the bus.

19. Students/Parents will be held responsible for any and all damages to the bus perpetrated by the student.

There may be circumstances that could result in immediate suspension from the bus -- such disciplinary action to be at the discretion of the appropriate school administrator.

“RSA 189:9 -- Pupils prohibited for Disciplinary Reasons. Notwithstanding the provisions of RSA 189:6-8, the Superintendent, or his representative as designated in writing, is authorized to suspend the right of pupils from riding in a school bus when said pupils fail to conform to the reasonable rules and regulations as may be promulgated by the school board. Any suspension to continue beyond twenty (20) school days must be approved by the school board. Said suspension shall not begin until the next school day following the day notification of suspension is sent to the pupil's parent or legal guardian.

I. If a pupil has been denied the right to ride a school bus for disciplinary reasons, the parent or guardian of that pupil has right of appeal within ten (10) days of suspension to the authority that suspended this pupil's right.

II. Until the appeal is heard, or if the suspension of pupil's right to ride the school bus is upheld, it shall be the parents' or guardians' responsibility to provide transportation to and from school for that pupil for the period of the suspension.

Also IHBA

STUDENT CONDUCT, DISCIPLINE AND DUE PROCESS

1. Respect for law and those given authority to administer it shall be expected of all students. This included conformity to school rules as well as to general provisions of the law regarding minors.

2. Respect for the rights of others, consideration of their privileges, and cooperative citizenship shall be expected of all members of the school community.

3. Respect for the real and personal property, pride in one’s work, and exemplary personal standards of courtesy, decency, honesty, and wholesome attitudes shall be maintained.

4. Respect for individual worth is the obligation of the school. Diligence and a desire to benefit from the opportunity is the obligation of the student.

The Board expects student conduct to contribute to a productive learning climate.

Individual rights are to be honored and protected in all instances; however, the rights of one individual shall not take precedence over those of another individual or of the group itself, and all students shall have equal rights and equal responsibilities in the classroom or at any school-sponsored activity.

The Board further recognizes the right of each school to establish disciplinary procedures in accordance with RSA 193:13 and RSA 193-D through the development of administrative procedures which are approved by the Superintendent or his/her designee. Due process shall be afforded to any student involved in a proceeding which may result in suspension, exclusion, or expulsion. Students expelled from school may be reinstated by the Board under the provisions of RSA 193:13.

The Superintendent may modify expulsion requirements as provided in RSA 193:14, IV, and in accordance with JICD-R page 14.

MEMORANDUM OF UNDERSTANDING

It is the intention of the Windham Police Department and the Windham School District to work in a joint cooperative effort to provide a safe and healthy school environment for the students, staff, and visitors. We intend to do this in compliance with New Hampshire RSA 193-D, Safe School Zones, as amended.

Communication and sharing of information is the initiation of any cooperative effort. As required by law, it is agreed that every school employee who has witnessed, or who has information from the victim of an act of theft, destruction, or violence in a safe school zone shall report such act in writing immediately to a supervisor. A supervisor receiving such report shall immediately forward such information to the school principal who shall file it with the local law enforcement authority. Such report shall be made by the Principal to the local law enforcement authority immediately, by telephone or otherwise, and shall be followed within 48 hours by a report in writing.

As a result of New Hampshire RSA 193-D:7, school employees are relieved of concerns regarding confidentiality. It states:

Notwithstanding any other provision of law, it shall be permissible for anylaw enforcement officer and any school administrator to exchange information relating only to acts of theft, destruction, or violence in a safe school zone regarding the identity of any juvenile, police records relating to a juvenile, or other relevant information when such information reasonably relates to delinquency or criminal conduct, suspected delinquency or suspected criminal conduct, or any conduct which would classify a pupil as a child in need of services under RSA 169-D or a child in need of protection under RSA 169-C.

(a) Identification of the act of theft, destruction, or violence as defined in R.S.A. 193-D:1 that was allegedly committed.

(b) The name and address, if known, of any witness to the act of theft, destruction, or violence in a safe school zone.

(c) The name and home address, if known of any person suspected of committing an act of theft, destruction, or violence in a safe school zone.

The written report required above shall be waived by law enforcement officials when there is a law enforcement response at the time of the incident which results in a written police report.

"Acts of theft, destruction, or violence" means acts set forth in the following,regardless of the age of the perpetrator and shall be reported as required above:

Any death shall be immediately reported to law enforcement officials,regardless of suspected case.

This will include any injury to a person caused by another person. Investigation may reveal that not all of these incidents constitute an actual crime. Reporting will allow an investigation to be conducted.

Although going beyond the legal requirement, all acts of sexual penetration occurring within safe school zones will be reported.

(d) Unlawful possession or sale of a firearm or other dangerous weapon under RSA 159.

Due to the tremendous potential for serious injury or death when firearms are present, any person in possession of a firearm within Safe School Zones will be reported. The exception will be recognized Law Enforcement personnel. Some of those reported may not be in violation of the law, but should be reported.

Any person who knowingly starts any fire or causes any explosion, which results in injury, damage to the property of another, or is done with intentional disregard for the safety of others, is included in this section.

Any person who enters a building, or separately secured section of a building, with a purpose to commit a crime inside.

This includes any theft that is accomplished by the use of physical force or the threat of imminent use of force.

Although going beyond the legal requirement, reports will be made on any substance, other than food, that affects the way the mind and body work, excepting legally prescribed medications which should be recorded with the appropriate administrative school personnel.

Additionally, an act of theft, destruction or violence may mean the items set forth below when, in the opinion of the reporting individual, it is of serious proportion:

Simple assaults may result in some injuries. Simple assaults also include knowingly having unprivileged physical contact with another person. Recognize that this can be very minor contact and the Principals will consider the District Disciplinary Policy when making a determination about whether or not to file a Safe School Zone Offense Report. We agree to err in the direction of filing a report when there is any question. Law Enforcement and school officials can then jointly determine the best action to be taken.

This includes purposely or recklessly damaging the property of another. This includes school property.

This is the obtaining or exercising of unauthorized control over the property of another.

"Safe school zone" means an area inclusive of any school property or school buses.

"School" means any public or private elementary, secondary, or secondary vocational-technical school in New Hampshire. It shall not include home schools under RSA 193-A.

"School Employee" means any school administrator, teacher, or other employee of any public, or private school, School District, school department, or school administrative unit, or any person providing or performing continuing contact services for any public or private school, School District, school department, or school administrative unit.

"School property: means all real property, physical plan and equipment used for school purposes, including but not limited to school playgrounds and buses, whether public or private.

"School purposes" means school-sponsored programs, including but not limited to educational or extra-curricular activities.

Nothing contained in this memorandum is intended to limit the events that may be reported to the police department or to limit school employees from requesting police assistance on matters not referred to in this memorandum.

The local Police Department and the School District, agree to provide their employees with training relative to this memorandum of understanding, its purpose and anticipated results. The parties further agree to maintain regular and open communication to evaluate the effect of this memorandum and suggest improvements and adjustments that may be necessary.

The School District rules relative to student conduct, discipline and due process in the schools are adapted from the Rules of the New Hampshire State Board of Education. See Part ED 317. The purpose of the State Board rules is set forth as follows:

a. These rules provide due process and statewide uniformity in the enforcement of RSA 193-D relative to disciplinary action for misconduct by a pupil in a safe school zone, including possessing a firearm or any other dangerous weapon, and RSA 193:13 relative to suspension and expulsion of pupils.

b. Since RSA 193-D:2, II provides that School Boards may adopt policies relative to pupil conduct and disciplinary procedures. These rules also provide a standard so that the policies of School Boards are consistent throughout the state.

c. These rules also link discipline and due process in safe school zones to the requirements of ED 1109 relative to special needs students.

a. "Expulsion" means the permanent denial of a pupil's attendance at school for any of the reasons listed in RSA 193:13,II and III.

b. "Weapon" means (1) a firearm [see 18USC Section 921], to include a pellet or BB gun; (2) any object prohibited, licensed, or regulated under RSA 159; (3) a knife, but not a folding pocket knife or cafeteria-issued dining utensil; and/or (4) a knife and/or any other substance or object which, in the manner it is used, intended to be used, or threatened to be used, is known to be capable of producing serious injury.

c. "Gross misconduct" means an act or acts which: (1) results in violence to another person or property; or (2) poses a direct threat to the safety of others in a safe school zone; or (3) is identified in RSA 193-D:1; or (4) involves repeated instances of misconduct or inappropriate behavior for which the pupil has been previously warned or disciplined.

d. "Neglect" in the context of RSA 193:13. I and II, means the failure of a pupil to pay attention to an announced, posted, or printed school rule.

e. "Possession" shall include, but not be limited to, having control over a weapon during any part of a school day or during any part of a school- related activity, including transporting the weapon to school or to a school-related activity and storage of the weapon anywhere on school premises, whether in the student's locker or in another student's locker or in any other place on school premises. Possession is also deemed to include doing any other act whereby the actor knowingly contributes causing a weapon to be on school premises or contributes to causing use of a weapon on school premises.

f. "Pupil" means a child through age 21 in attendance at the school during the school day. (If the pupil is age 18 or older and not under guardianship, the written notices required below to issue to a parent shall issue instead only to the pupil and, further, all consents or decisions required in the suspension or expulsion process will issue from the pupil.)

g. "Refusal," in the context of RSA 193:13, I and II, means the defiance of a pupil to comply with an announced, posted or printed school rule.

i. "School day" shall include not only the instructional portion of the day, but may also include travel to and from school or a school-related activity, as well as the time spent as a participant or spectator at a school-related activity.

j. "School premises" shall include the school and surrounding school property, including, without limitation, parking areas, athletic fields, and playgrounds; school buses or other vehicle furnished by the District or its agents for transportation to or from school or a school-related activity; school bus stops; and/or those premises and surroundings being used for a school-related activity. For purposes of this procedure and without intending to interfere with the rights and duties of the police and/or private property owners, school premises shall also be deemed to include streets and exterior property in the school neighborhood during the course of travel to and from school or a school-related activity.

k. "Superintendent" means the school Superintendent or, in the absence of the Superintendent, the Assistant Superintendent for the School District(s) or towns.

l. "Suspension" means the temporary denial of a student's attendance at school for a specific period of time for gross misconduct or for neglect or refusal to conform to announced, posted, or printed school rules.

m. "Day," with respect to the number of days, shall refer to school days unless there is specific reference to "calendar" days.

a. If the School Board expels a pupil under RSA 193:13, II or III, it shall state in writing the act or acts leading to expulsion; and the specific statutory reference prohibiting that act or acts as set forth in RSA 193:13 and/or RSA 193-D; and shall provide notice that the expulsion may be reviewed prior to the start of each school year in accordance with Appendix A.

b. The principal of each school shall make certain that the pupil has received notice of the requirements of RSA 193:13 and RSA 193-D:1 through announced, posted, or printed school rules. The statutory text shall be printed in the school handbook to be distributed to each student at the beginning of the school year; and shall be announced, posted, and printed at other appropriate locations and times in the middle school and high school. Nothing herein shall prevent a school principal from printing, posting and/or announcing other rules applicable to the school.

c. If the student is subject to expulsion and a weapon is involved, the responsibility shall be upon the Superintendent to contact local law enforcement officials whenever there is any issue concerning:

2. Whether a firearm is lawfully possessed, as opposed to unlawfully possessed, under the legal definitions of RSA 159.

d. If a pupil brings or possesses a weapon in a safe school zone without written authorization from the Superintendent, the following shall apply:

1. The pupil shall be suspended for a period of not less than 10 days and, if the weapon is determined to be a firearm as defined in 18 USC Section 921, the School Board shall hold a hearing within 10 days to determine whether:

The student was in violation of RSA 193:13, III, and, therefore, is subject to expulsion for a period of not less than 12 months; and whether the student's expulsion will be modified under policies set forth in Appendix B.

There shall be the following levels of discipline available to school officials enforcing RSA 193:13 and/or RSA 193-D relative to the suspension and expulsion of pupils.

1. A short-term suspension (not to exceed 10 days). The Board hereby designates that the Superintendent, the Assistant Superintendent for the School District(s) and Towns, and each Principal and Assistant Principal shall have authority to suspend a pupil for 10 days or less.

2. A long-term suspension (between 11 and 20 days). Following a hearing, the Superintendent, the Assistant Superintendent for the School District(s) and Towns, and each Principal shall have authority to extend a short-term suspension to 20 days. This hearing shall be conducted and the decision shall be issued by a different administrator than the administrator who suspended the pupil for the first ten days.

3. An expulsion by the School Board whereby conditions are established for reinstatement. See also Appendix A relative to review of an expulsion prior to the start of any school year.

4. An indefinite expulsion by the School Board whereby no conditions are established for reinstatement. However, see Appendix A relative to review of an expulsion prior to the start of any school year.

Due process in disciplinary proceedings shall include, at a minimum, the following:

(b) At or before the meeting, oral and/or written notice of the charges and an oral and/or written explanation of the evidence against the pupil shall be provided to the pupil:

(d) Following the meeting, a written statement shall issue to the pupil and at least one of the pupil's Parents or guardians, delivered in person or by mail to the pupil's last known address, including an explanation of the charges, the evidence, the findings, any recommendation for additional suspension or expulsion, and a recommendation for student action to correct the discipline problem.

(a) The written statement issued under Section IV(b)(1)(d) shall establish a date for a hearing. The hearing will not generally be postponed if the postponement would interrupt the continuity of a short-term suspension into a long-term-term suspension.

(b) A hearing in accordance with the procedures set forth below in Section IV (b)(3)(f).

(c) A written decision which includes the legal and factual basis for the conclusion that the pupil should be suspended for an additional 10 days or less.

(d) Within 10 calendar days of the decision, this decision may be appealed to the School Board under RSA 193:13, I. The Board may or may not stay the suspension while the appeal is pending. The Board reserves the right to issue a decision without hearing any evidence or all proffered evidence, but may instead rely upon the record as it has been developed during the suspension process.

3. In the expulsion by the School Board, due process shall include the following minimal requirements:

(b) Such hearing may be held either before or after the short-term suspension has expired;

(c) If the hearing is held after the expiration of a short-term suspension, the pupil shall be entitled to return to school after the short-term suspension has expired, pending the expulsion hearing. The School Board reserves the right to deny a request for postponement of a scheduled hearing if the request for postponement is objected to by either the pupil or the administrator recommending expulsion.

(d) The written statement issued under Section IV(b)(1)(d) shall establish a date for the expulsion hearing and shall also include a complete description of the process used by administration to reach its recommendation that the student should be expelled.

(e) This notice shall be delivered to the pupil and at least one of the pupil's parents or guardians at least 5 calendar days prior to the hearing.

(1) The pupil, together with a parent or guardian, may waive the right to a hearing and accept the findings.

(2) Formal rules of evidence shall not be applicable; however, school officials shall present evidence in support of the charge(s) and the accused pupil or his/her parent or guardian shall have an opportunity to present any defense or reply;

(3) The hearing shall be either public or private and the choice shall be that of the pupil or his parent or guardian. Provided, nevertheless, that if the nature of the evidence will violate the privacy of other students or if the Board determines that substantial harm to the pupil could result from an ill-conceived decision to hold the hearing in public, then the Board reserves the right and obligation to insist upon a private hearing;

(4) During the hearing, the pupil, parent, guardian, or counsel representing the pupil, shall have the right to examine any and all witnesses;

(g) The decision of the School Board shall be based on a dispassionate and fair consideration of substantial evidence that the accused pupil committed the act or acts for which expulsion is to be imposed and that such acts are, in fact, a proper reason for expulsion;

(h) The decision shall state whether the student is expelled; a statement of the time period for which the student is expelled; and any action the student may take to be restored by the Board.

(i) If the decision is to expel the pupil, the decision shall include the legal and factual basis for the decision; and,

4. A decision shall include a statement that the pupil has the right to appeal the decision of the State Board of Education.

5. All appeals to the State Board allowed under RSA 193:13, II or III, shall be filed within 20 calendar days of receipt of the written decision of the School Board and shall be in accordance with RSA 541-A and ED 200.

a. In accordance with RSA 193-D:4, each written report by a supervisor to the principal relating to an act of theft, destruction, or violence in a safe school zone shall be on standardized New Hampshire Board of Education Form #Ed 317.

b. The report by a supervisor to a principal on Form #Ed 317 shall contain all the statutory information, required by RSA 193:D:4.

c. Form #Ed 317 shall be completed and filed with the Commissioner of Education on or before June 30 of each year.

5. Date of incident involving an act of theft, destruction, or violence, or the possession of a firearm.

The district shall comply with the provisions of the Individual With Disabilities Education Act (IDEA) when disciplining students. No special education student shall be expelled if the student’s particular act of gross disobedience/misconduct is a manifestation of his or her disability. Any special education student whose gross disobedience/misconduct is not a manifestation of his or her disability may be expelled pursuant to the expulsion procedures, except that such disabled student shall continue to receive educational services as provided in the IDEA during such period of expulsion. A special education student may be suspended for an aggregate of 10 days of school per school year, regardless of whether the student’s gross disobedience/misconduct is a manifestation of his or her disabling condition without the need for the district to provide any educational services. A special education student may be suspended for additional removals of up to ten days for separate acts of misconduct, as long as the removals do not constitute a pattern. During such subsequent suspensions for ten school days or less the district must provide services to the student with disabilities to the extent determined necessary to enable the student to appropriately advance in the general curriculum and toward achieving his/her IEP goals. School administrators and the special education teacher will determine the services needed. The IEP team (PPT) will decide the level of services to be provided to a student with disabilities who is expelled for behavior unrelated to his/her disability.

Any special education student may be temporarily excluded to an appropriate alternative educational setting for no more than 45 days by court order or by order of a duly appointed hearing officer if the District demonstrates that maintaining the student in his/her current placement is substantially likely to result in injury to the student or others.

A special education student who has carried a weapon to school or to a School function or who knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function may be removed from his/her current placement. Such a student shall be placed in an appropriate interim alternative educational setting for no more than 45 days in accordance with IDEA.

An expelled pupil has the right to request a review of the expulsion prior to the start of each school year.

A request for review should be directed by the pupil to the Superintendent of Schools and should be received by the Superintendent on or before August 15. The request shall set forth each and all reasons why the pupil's right to attend school should be reinstated. Of particular importance would necessarily be such information as might convince school authorities that the conduct, which led to the expulsion, would not be repeated.

The Superintendent of Schools or Assistant Superintendent and the Principal or an Assistant Principal at the applicable school shall direct written recommendation to the Board with a copy to the pupil.

The expulsion may be continued: the pupil may be reinstated without conditions; or the pupil may be required to meet certain conditions prior to reinstatement. A code of conduct and consequences may be established for a reinstated pupil, which is more strict than for the general student population.

The mandatory 12-month expulsion from school for bringing or possessing a firearm in a safe school zone may be modified on a case-by-case basis in the sole discretion of the Superintendent of Schools in the following situations:

1. The Superintendent determines that possession of the firearm was inadvertent in that another person had left the firearm in the pupil's vehicle; and the pupil had not noticed that s/he was bringing the firearm within the safe school zone; or

2. The Superintendent determines that the pupil intended to use the firearm for sport immediately before or after school and had no intention to display the firearm to other students.

3. The pupil is in the fifth grade or lower grade and the Superintendent determines that the pupil did not properly understand the dangers of firearms when the firearm was brought to school.

4. The Superintendent determines that the firearm was not loaded; and that no ammunition was reasonably available; and that the pupil had no intention to display the firearm to other students.

I hereby authorize you, , of the Windham School District to act in my behalf as Superintendent of Schools in the necessary suspension of students in the School. This involves suspensions lasting up to ten (10) consecutive days for the 2003-2004 school year.

Please keep in mind that parents have a right to appeal any school suspension and that due process should be afforded to each student prior to a suspension taking place. Suspensions requiring more than ten (10) days will only be as a result of action taken by the superintendent.

“Suspension and Expulsion of Pupils. The superintendent or chief administering officer, or a representative designated in writing by the superintendent, is authorized to suspend pupils from school for a period not to exceed 10 school days for gross misconduct or for neglect or refusal to conform to the reasonable rules of the school.”

Employees and Students shall be expected to regard each other as individuals to be treated with courtesy and respect.

STUDENT DISCIPLINE

OUT-OF-SCHOOL ACTIONS

The Board recognizes that out-of-school conduct of students attending school within this district is not normally a concern of the Board. However, the Board believes that disciplinary action for conduct occurring off school property and not involving a school activity is proper if the conduct has an adverse effect upon the school.

Therefore, it is the policy of this Board that any student attending school within this District will be subject to disciplinary action including, but not limited to, suspension from school for any conduct that, in the opinion of the school administrators, has an adverse impact upon the school.

2. Engaging in an activity that causes physical or emotional harm to other students, teachers, or other school personnel;

3. Engage in activity, which directly impedes discipline at school or the general welfare of school activities.

STUDENT PUBLICATIONS

School-sponsored student prepared media publications may be authorized by the Board. All such media publications will conform to rules established by the Superintendent and the building principal. Any media publication not approved by the Board will not be considered a school media publication, and it shall not be distributed on school property. All school media publications will be under the supervision of the school principal or his/her designee.

In accordance with the policy of the board of education, the following regulation will govern the review, approval, rejection, or revision of student prepared media publications. This regulation will also govern the appeal process, for students wishing to appeal the rejection of revision, of an article proposed for publication.

1. The superintendent will designate building principals to whom all materials must be submitted before the materials are published.

2. The name(s) of the appropriate principal(s) will be distributed to all teaching staff and posted on all bulletin boards.

3. Requests for media publications must be accompanied by a copy of the material(s) students wish to publish.

A. The material is created by students currently enrolled in this school district.

C. The material is free from libel, slander, obscurity, personal attacks or incitement to illegal action(s).

E. The material is free from advertisements of cigarettes, liquor, illegal or illicit drugs, or drug paraphernalia.

F. The material is distributed as directed by the principal in such a manner as not to interfere with or disrupt the normal educational process.

Students and/or other school personnel in violation of this policy and regulation will be subject to appropriate disciplinary action. Any disciplinary action is taken will not abridge and individual's rights to due process under other district policies under the law.

STUDENT PRODUCTIONS

Student productions are encouraged when such productions contribute positively to the educational goals of the District. All such productions will conform to rules established by the Superintendent and the building principal.

It is the policy of the District that membership in secret fraternities or sororities, or in other clubs or gangs not sponsored by established agencies or organizations, is prohibited.

Gangs that initiate, advocate, or promote activities, which threaten the safety or well being of persons or property on school grounds or which disrupt the school environment are harmful to the educational process. The use of hand signals, graffiti, or the presence of any apparel, jewelry, accessory, or manner of grooming which, by virtue of its color, arrangement, trademark, symbol or any other attribute which indicates or implies membership or affiliation with such a group, present a clear and present danger to the school environment and educational objectives of the community are forbidden.

Incidents involving initiations, hazing, intimidation, and/or activities of such group affiliations which are likely to cause bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to students are prohibited.

Any student wearing, carrying, or displaying gang paraphernalia, or exhibiting behavior or gestures which symbolize gang membership, or causing and/or participating in activities which intimidate or affect the attendance of another student will be subject to disciplinary action, including suspension and expulsion.

The Superintendent may provide in-service training in gang behavior and characteristics to facilitate staff identification of students at-risk and promote membership in authorized school groups and activities as an alternative.

It is the policy of the District that no student or employee of the District shall participate in or be members of any secret fraternity or secret organization that is in any degree related to the school or to a school activity. No student organization or any person associated with any organization sanctioned by the Board of Education shall engage or participate in hazing.

For the purposes of this policy, hazing is defined as an activity which recklessly or intentionally endangers the mental or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization sanctioned or authorized by the Board of Education.

"Endanger the physical health" shall include, but is not limited to, any brutality of a physical nature, such as whipping; beating; branding; forced calisthenics; exposure to the elements; forced consumption of any food, alcoholic beverage, drug or controlled dangerous substance; or any forced physical activity which could adversely affect the physical health or safety of the individual.

"Endanger the mental health" shall include any activity, except those activities authorized by law, which would subject the individual to extreme mental stress, such as prolonged sleep deprivation, forced prolonged exclusion from social contact which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual.

Any hazing activity upon which the initiation or admission into or affiliation with an organization sanctioned or authorized by the Board of Education is conditioned, directly or indirectly, shall be presumed to be a forced activity, even if the student willingly participates in such activity.

This policy is not intended to deprive School District authorities from taking necessary and appropriate disciplinary action toward any student or employee. Students or employees who violate this policy will be subject to disciplinary action that may include expulsion for students and employment termination for employees.

A copy of this policy will be furnished to each student and teacher in the school District.

USE OF TOBACCO PRODUCTS STRICTLY PROHIBITED IN/ON ALL SCHOOL FACILITIES AND/OR GROUNDS

No person shall use any tobacco product in any facility maintained by the School District, nor on any of the grounds of the District.

Tobacco products means cigarettes, cigars, snuff, smokeless tobacco, smokeless cigarettes, products containing tobacco, and tobacco in any other form.

"Facility" is any place which is supported by public funds and which is used for the instruction of students enrolled in preschool programs and in all grades maintained by the District. This definition shall include all administrative buildings and offices and areas within facilities supportive of instruction and subject to educational administration, including, but not limited to, lounge areas, passageways, rest rooms, laboratories, classrooms, study areas, cafeterias, gymnasiums, maintenance rooms, and storage areas.

Signs shall be placed by the District in all buildings, facilities and school vehicles stating that the use of tobacco products is prohibited.

It is the responsibility of the building principal(s), or designee, to initially enforce this policy by requesting that any person who is violating this policy to immediately cease the use of tobacco products. After this request is made, if any person refuses to refrain from using tobacco products in violation of this policy, the principal or designee may call the local police who shall then be responsible for all enforcement proceedings and applicable fines and penalties.

No student shall purchase, attempt to purchase, possess, distribute, or use any tobacco product in any facility, in any school vehicle or anywhere on school grounds maintained by the District.

Enforcement of this prohibition shall initially rest with building principals, or their designees, who may report any violation to the local police department. In accordance with state law, the police department shall be responsible for all proceedings and applicable fines and penalties.

The principal will develop regulations, which cover disciplinary action to be taken for violations of this policy. These regulations will be communicated to students by means deemed appropriate by the principal. In addition to disciplinary actions taken by the school, criminal penalties for fines may result from violations of this policy.

No employee shall use any tobacco product in any facility in any school vehicle or anywhere on school grounds maintained by the District.

Initial responsibility for enforcement of this prohibition shall rest with building principals, or their designees. The principal may report violations to the local police department. In accordance with state law, the police department shall be responsible for all proceedings and applicable fines and penalties.

The principal will develop and implement the appropriate means of notifying employees of the possible disciplinary consequences of violating this policy. Any employee(s) who violate(s) this policy is subject to disciplinary action that may include warning, suspension or dismissal. In addition, fines or other penalties may result from enforcement of these prohibitions by other law enforcement officials.

No visitor shall at any time use tobacco products in any facility, in any school vehicle, or anywhere on school grounds maintained by the District.

Responsibility for enforcement of this prohibition shall rest with all school District employees who may report violations to the local police department.

In accordance with state law, the police department shall be responsible for all proceedings and applicable fines and penalties.

Dangerous and narcotic drugs, which a student has on prescription and carries onto school property for ingestion as prescribed by a doctor, will be kept in the Nurse's office.

Taking of illegal drugs, and/or possession of same, in any form, is not permitted at any time. Parents will be informed immediately if a student is in violation of this policy, and the matter will be brought to the attention of the Board and other proper authorities.

The Windham School Board views with utmost seriousness the behavior of any student who is violating, or is appearing to violate, the New Hampshire or federal Controlled Substances Act. The trafficking of look-alike or illicit-appearing substances and articles among student is not permitted.

a. In case a student appears to be under drug influence, the parent will be notified by school authorities to come for the student and remove him/her to his home or to medical facilities.

b. In severe cases, if the parents or school doctor will not come to the school, the Principal is authorized to call an ambulance to remove the Student to the hospital. Parents will be notified of this action and be responsible for the incurred expenses.

c. Upon reasonable evidence of the illegal possession and/or use of drugs by any student on District property, the student will be suspended from school for at least five days. A conference with the parents, child and principal should be held as soon as possible.

d. Any student found selling, distributing, or giving away illegal drugs will be turned over to police authorities immediately and suspended from school, or ten (10) days and referred to Superintendent for further disciplinary action.

e. Any student convicted in court for illegally selling drugs on or off school property will be suspended from school pending Board action.

f. In the event a student has been found in violation of the policy for more than one incident, the case shall be referred to the Superintendent of Schools.

Alcoholic beverages will not be permitted on school property at any time. Any Student in possession of or under the influence of alcohol will be immediately suspended from school for not less than five days

Dangerous weapons, such as, but not limited to, firearms, explosives, incendiaries, martial arts weapons (as defined in RSA 159:24), electronic defense weapons (as defined in RSA 159:20), clubs, billies, metallic knuckles or containers containing chemicals such as pepper gas or mace, or the use of any object as a weapon are not permitted on school property, on school vehicles or at school-sponsored activities. Student violations of this policy will result in both school disciplinary action and notification of the police. Suspension or expulsion from school could result.

In addition, any Student who is determined to have brought a firearm (as defined by 18 US 921 ) to school will be expelled for not less than one year (365 days). This expulsion may be modified by the Superintendent upon review of the specific case in accordance with other applicable law.

Weapons used in civil war or revolutionary war reenactments may be permitted with the permission of the superintendent.

All Students will receive written notice of this policy at least once each year in the student handbook.

MODIFICATION OF A WEAPONS EXPULSION

Pursuant to RSA 193:13, IV, the Superintendent may, upon written application of an expelled pupil, recommend modification to the expulsion. Prior to the School Board's consenting to such a modification, the pupil shall be required to submit to the Superintendent sufficient evidence in the form of letters, work history or other documents or testimony demonstrating that it is in the school's best interest and the pupil's best interest to allow a modification. In making such a decision, due regard will be given to other pupils and staff whose safety and well being shall be of paramount importance.

Students may possess and use cellular telephones, pagers, or other electronic communications devices, subject to limitations of this and other policies of the district. Parental permission is required. The device may not be visible or used after arrival at school and until dismissal. Such devices shall not be used during instructional time or in the passing time between classes unless during an emergency, determined by the school.

Building principals may promulgate rules to enforce this policy at the building level.

In an effort to ensure student safety and maintain discipline, the Windham School District may cause video recording devices (hereinafter “recording devices”) on any or all buses used to provide transportation for District students. Use of video recordings (hereinafter “recordings”) made on buses shall be governed by the procedures established below.

Signs indicating that all actions taking place in the interior of a bus may be recorded shall be in a conspicuous location on all buses. In addition, notification that recording devices may be in operation on buses shall be placed in student handbooks.

All recordings are the property of the Windham School District and shall be maintained in accordance with federal and state law and this policy. After a recording has been made the recording will be retained at the transportation office of the District’s transportation carrier for a period of ten (10) school days. If no request by the District for a recording is made within ten (10) working days of recording, the recording shall be erased and reused. Recordings requested by an authorized District official (the superintendent, assistant superintendent, building principal, vice principal or the District’s transportation coordinator) will be provided to and be retained by the School District pursuant to this policy. Recordings provided to the District may be used in discipline of students and shall be retained by the District until the final resolution of any discipline, including the time for appeal. Recordings provided to the District not used for discipline will be erased and reused at the direction of the superintendent.

A request by an authorized district official to the District’s transportation carrier for a recording may be made after an incident or concern is reported by a bus driver, transportation company representative, school administrator or a parent or guardian whose child rides the route in question. Once a request for a recording is received by the District, only an authorized school official or transportation company official may review the recording. A parent or guardian of any student subject to discipline may request and be granted by the Superintendent the right to review a recording if the recording is to be used in a disciplinary proceeding. Only those portions of a recording relevant to the incident or concern may be reviewed and only those portions relevant to a discipline matter may be used in a disciplinary proceeding.

No audio recordings of students will be permitted without the District first following the procedures for RSA 570-A:2.

Adopted on 8/7/07
Copyright © 2004, New Hampshire School Boards Association. All rights reserved.
NHSBA sample policies are distributed for resource purposes only, intended for use only by members of NHSBA Policy Services. Contents do no necessarily represent NHSB legal advice or service and are not intended for publication.

Maternal or paternal status shall not affect the rights and privileges of students to receive a public education.

Pregnant students shall be permitted to continue in school in all instances when continued attendance has the sanction of the expectant mother's physician. The Board may require a physician's statement of activity limitations.

The Board, in keeping with federal and state laws, is committed to maintaining an environment for students and staff which is safe, healthy and conducive to learning and working. The Board recognizes that incidents may occur where the health, safety and welfare of students and staff are jeopardized and which necessitate the search by school officials of students, their personal property (e.g., backpacks, purses, handbags), vehicles or their lockers and/or desks.

The School District retains ownership and possessory control over student lockers and desks and, therefore, reserves the right to inspect lockers and desks at any time for any reason without notice, without student consent, and without reasonable suspicion.

Searches of students and their personal property within the school or on school grounds may be conducted by the Principal or designee when that school official has reasonable grounds to suspect the search will uncover evidence that the student has violated or is violating School District policies, school rules, or the law.

The extent of the search of a student’s person or personal property and the measures used in conducting the search must be reasonably related to the objects of the search, and must not go beyond what is warranted by the nature of the suspected violation.

Students are permitted to park on school premises as a matter of privilege, not of right. The School district retains authority to conduct routine patrols of student parking lots and inspections of the exteriors of student automobiles on school property. The interiors of student vehicles may be inspected whenever a school official has reasonable suspicion to believe such search will produce evidence that the student has violated or is violating School District policies, school rules or the law.

Recognizing the danger that contraband poses to society, and students in particular, the School District reserves the right to conduct unannounced random searches at any time with the assistance of qualified law enforcement officers and trained dogs. Qualified law enforcement officers and trained dogs may be used periodically upon request of the Superintendent and/or Principal to sniff lockers, common areas, vacated classrooms, parking lots (vehicles), and school grounds.

If a search produces evidence that a student has violated or is violating the School District’s policies, school rules or the law, such evidence may be seized by school officials, and disciplinary action may be taken. When appropriate, such evidence may be transferred to law enforcement authorities.

When the administration has reasonable cause to believe that weapons are in the possession of unidentified students, when there has been a pattern of weapons found at school, or when violence involving weapons has occurred at the school, the administration is authorized to use stationary or mobile metal detectors in accordance with procedures approved by the board. Any search of a student's person as a result of the activation of the detector will be conducted in accordance with the policy on personal searches.

Student activities are an important part of the educational process, the Board encourages students to participate in a wide variety of co-curricular activities.

Any student organization must be recommended by the Principal and approved by the Board.

The Board recognizes that students may wish to engage in fundraising activities. All such fundraising activities require prior approval of the Superintendent.

Student fundraising activities must be for the support of the school activities. Fundraising will not be school sponsored, unless approved by the Superintendent. All fundraising money must be deposited in the school activity accounts, which shall be maintained according to standards and procedures established by the Superintendent or his/her designee, and these accounts shall be audited annually.

The Principal of the school shall be responsible for the proper administration of the financial activities of the Student activities fund in accordance with state law and appropriate accounting practices and procedures. All monies collected shall be deposited to the Student body activities account at the local banks. All payments made from the student activities account shall have approval of the Principal andhis/her designate.

Monies raised by student organizations or class activities must be expended for the benefit of students.

Student activity accounts are subject to auditing at any time by the Business Administrator or his/her designate.

Non-school sponsored contest may be permitted when the Principal and Superintendent judge that the contest fits into the overall instructional objectives of the school and shall have prior approval of the Superintendent.

The Board will offer interscholastic athletics subject to budgetary considerations.

The athletic program should encourage participation by as many students as reasonably possible and should be carried on with the best interests of the participants as the first consideration. This should be done in conjunction with the academic program.

Participation in interscholastic athletics is subject to the rules adopted by the New Hampshire Interscholastic Athletic Association and other rules adopted by the Superintendent and the Principal.

No teacher, administrator, student, or other person will subject a student to corporal punishment or condone the use of corporal punishment by any person under his or her supervision or control, except in self-defense or in exigent circumstances. Permission to administer corporal punishment will not be sought or accepted from any parent, guardian, or school official.

Physical restraint is authorized when needed to protect the safety of the individual student and/or other students and employees. Documentation of any incident requiring such restraint will be given to the Principal.

A school administrator or teacher may detain a student for disciplinary reasons during school hours. Further, a school administrator or teacher may detain a Student for disciplinary reasons after school hours, provided the parent has been notified of the detention and, in the case of bus students, arrangements have been made for the student's transportation home. In cases where transportation is required, 24-hour notice will be given so that transportation may be arranged.

The Board makes available a student accident policy, but the student's parents must pay for the policy if the coverage is taken. The District does not provide student accident coverage.

The Board may appoint a school nurse to function in the school health program. A school nurse shall be a registered professional nurse licensed in New Hampshire.

The Board may employ or contract with a licensed practical nurse or a certified nursing assistant, to work under the direct supervision of the school registered nurse. Treatment is limited to first aid care. The administration will attempt to notify parents before a Student who is ill is permitted to go home.

2. All student medications must be kept in the custody of the school nurse. No prescription medication is to be administered by school personnel except as prescribed by a doctor and accompanied by a parental permission form unless otherwise arranged by doctor, parent, and school nurse.

3. Over the counter medications may be administered at the discretion of the school nurse with parental permission.

4. All accidents occurring on school property are to be reported to the school nurse and the school principal immediately. Students attending school during the extended day, night, or summer school or any other time when the school nurse is not in the building are to report to the person supervising the activity immediately in case of illness or accident.

Each child must have a complete physical examination within a one-year period before entry first to school.

However, no medical examination shall be required of a child whose parent or guardian objects there to in writing on the grounds such medical examination is contrary to his/her religious tenets and teachings.

Parents of students transferring to the District must present proof of meeting the physical examination and immunization requirement. Failure to comply with this provision may result in exclusion from school for the child.

A child shall be exempted from the above immunization requirements if he/she presents evidence from his/her physician that immunization will be detrimental to his/her health. A child shall be excused from immunization for religious reasons upon signing of a notarized form by the parent/guardian stating that the child has not been immunized because of religious beliefs.

Students must pass a physical each year to be eligible for athletics for that school year. Any injured Student excused from athletic practice while under a physician's care must provide written authorization from a physician to the coach to resume practice.

No child shall be excused from regular physical education except on the written notice of a duly licensed physician or on the written request of the parents, subject to Board approval, in which case an alternative program shall be provided. Temporary excuses on a day-to-day basis may be granted by the Teacher upon the request of the parents.

If the District utilizes federal money to perform physical exams or screenings on students, the District will annually notify parent(s) of such physical exam or screening, except for vision, hearing, scoliosis, height or weight.

This child is physically capable of carrying a full school program and may participate in physical education: YES NO

PHYSICIAN’S STAMP Telephone #

Windham School District Policy JLCA-R

OFFICE OF SCHOOL NURSE

HEALTH HISTORY

(Incoming first graders and new students)

Please fill out and bring with you on the day you register your child.

Print Student’s Name:

Previous Illnesses:

Previous Operation:

Speech Problems:

Vision Problems:

Has child had a vision screening in last year at doctor’s office? No Yes

Hearing Problems:

History of Ear infections No Yes

Tubes Yes Year(s)

Has child had a hearing screening in last year at doctor’s office? No Yes

Allergies (food, bee stings, medicines, etc.

Does this child have an Rx for an EpiPen No Yes

Has your child had Chicken Pox? No Yes Year

Asthma:

Skin Conditions (hives, eczema):

Heart Disease:

Blood Born Pathogens (Hep. B/ HIV etc.):

Kidney Infection:

Diabetes:

Convulsions or Seizures:

Tuberculosis:

Has constipation or diarrhea ever been a problem?

Physical Handicaps:

Orthopedic problems or restrictions (feet, legs, etc.)

Was pre-natal period and birth considered normal?

If no, please explain

Parent Signature Date

Windham School District Policy JLCA-R

FOOD ALLERGY GUIDELINES

The following guidelines are designed to reduce the risk of exposure to potentially life-threatening food allergens for our growing number of students with severe allergies. It is our goal to provide a school setting that minimizes the risk of accidental exposure while maintaining a safe, positive educational environment for all students.

What is Food Allergy?

Food allergies affect 8% of children under age three, 6%-8% of school-age children and 2.5% of adults.

Eight foods (peanut, tree nut, milk, egg, soy, wheat, fish and shellfish) account for 90% of total food allergies, although any food has the potential to cause an allergic reaction. Those affected may be allergic to more than one food.

Peanut and tree nuts account for 92% of severe and fatal reactions, and along with fish and shellfish, are often considered to be lifelong allergies.

Food Allergy prevalence has increased 55% in the last five years

40%-50% of those diagnosed with food allergy are judged to have a high risk of anaphylaxis (a life-threatening reaction). Every food allergy reaction has the possibility of developing into a life-threatening and potentially fatal anaphylactic reaction. This can occur within minutes of exposure to an allergen.

Reactions can occur simply by touching or inhaling an allergen. In some cases, consumption of as little as one five-thousandth of a teaspoon of an allergenic food can cause death.

Impact on the School

Every school should expect at some point to have students with food allergies. Schools must be prepared to deal with food allergies and the potential for anaphylaxis.

Accidental ingestion of the offending allergen occurs most often at school. As many as one in five children, with food allergies, will have a reaction in school.

The student with an undiagnosed food allergy may experience their first allergy reaction while at school.

When a physician assesses that a child’s food allergy will result in anaphylaxis the child’s condition meets the definition of “disability” and is covered under the Federal Americans with Disability Act (ADA), Section 504 of the Rehabilitation Act of 1973, and may be covered under Individuals with Disabilities Education Act (IDEA) if the allergy management affects the students ability to make educational progress.

Adequate plans and staff, who are knowledgeable regarding preventive measures and well prepared to handle severe allergic reactions, can save the life of a child.

Notify the school of child’s allergies. Provide updates as necessary.

Help to establish a core team of, but not limited to, physician, principal, school nurse, teacher, guidance counselor and food service manager to develop and implement a plan that addresses the child’s needs, including the school bus, classroom, cafeteria, assemblies, etc. A detailed Food Allergy Action Plan shall also be included.

Provide written medical documentation, instructions, and prescribed medications, using the Food Allergy Action Plan as a guide. Photo of child must also be included.

Provide child with a medic-alert bracelet identifying the life-threatening allergy. Bracelet should be worn at all times while at school.

Replace expired and/ or used medications as per Food Allergy Action Plan.

Educate the child in the self-management of their food allergy including: safe and unsafe foods, strategies for avoiding exposure to unsafe foods, symptoms of allergic reactions, how to communicate an allergy-related problem, how to read food labels (age appropriate). Child should not accept food from other students.

Review guidelines/ procedures with core team members as soon as possible following a reaction.

Student’s Responsibility

Take a proactive role in the care and management of their food allergies (age appropriate).

Do not accept food items from or trade food items with other students.

Avoid food items with unknown ingredients or known allergens.

Immediately notify any teacher, administrator, assistant or school nurse of possible exposure to food allergen.

Wear a medic-alert bracelet at all times.

School’s Responsibility

Keep informed of and follow all applicable federal laws including ADA, IDEA, Section 504 and FERPA, as well as all state laws and district policies/ guidelines that may apply.

Include food-allergic students in school activities. Students shall not be excluded from school activities solely based on their food allergies.

Inform and update all families registered in the district about known allergens in order to minimize the risk of life-threatening exposure. Extra-curricular groups using school facilities will also be notified, and shall be excluded from using any area designated as “allergen-free”.

Provide all families with a copy of Food Allergy Guidelines as well as a listing of resources regarding food allergies, such as Food Allergy and Anaphylaxis Network (FAAN).

Identify a core team of, but not limited to, physician, principal, school nurse, teacher, guidance counselor, and food service manager to work with parents and student (age appropriate) to establish a Food Allergy Action Plan specific to that child. Changes will be made as necessary with team participation.

Consult with local emergency management personnel to establish and/ or update emergency protocols and drill procedures as needed.

Educate staff who interact with students with food allergies, on a regular basis so they understand food allergy, can recognize symptoms, can take emergency action, and will work with other school staff to eliminate the use of food allergens in lunch program, educational tools, arts and crafts projects, or incentives.

Identify school personnel who are properly trained to administer medications in accordance with State Nursing and Good Samaritan Laws governing the administration of emergency medications.

Coordinate with school nurse to assure that medications are stored appropriately (easily accessible, secure location such as the main office) and that an emergency kit is readily available and contains a physician’s standing order for epinephrine.

Practice the Food Allergy Action Plan as a drill to assure the efficiency/ effectiveness of the plan. Emergency protocols shall be updated as needed with team participation.

Review Food Allergy Action Plan with core team members and physician as soon as possible following a reaction.

Work with bus companies to determine appropriate management of transportation needs.

Discuss planned field trips as a team to decide appropriate strategies for managing child’s food allergy. Encourage parents of child to participate as a chaperone.

Take threats or harassment against an allergic child seriously.

Everyone’s Responsibility

Read all information made available by the school regarding food allergies. Any questions regarding the Food Allergy Guidelines should be directed to the principal or school nurse.

Understand the seriousness of food allergies and consider how food choices may impact the lives of severely allergic students.

Promote understanding, acceptance and compassion.

*Some information used in the preceding guidelines was developed by:

American Food Service Association

National Association of Elementary School Principals

National Association of School Nurses

National School Boards Association

The Food Allergy and Anaphylaxis Network (FAAN)

Massachusetts Department of Education

North Andover School District, North Andover, MA

*In some cases, information has been modified to meet the needs and concerns of School Administrative Unit 28.

*Food Allergy Resources

Books:

“The Peanut Allergy Answer Book,” by Michael C. Young, M.D. Fair Winds Press 2001.

“Caring for Your Child with Severe Food Allergies,” Lisa Cipriano Collins. John Wiley & Sons, 2000.

“Special Diet Solutions” and “Special Diet Celebrations,” Carol Fenster, PhD. Savory Palate, Inc 1999.

“No Nuts for Me,” Aaron Zevy. Tumbleweed Press, 1995.

“Alexander, the Elephant Who Couldn’t Eat Peanuts,” and other titles, The Food Allergy and Anaphylaxis Network. www.foodallergy.org.

Other Resources:

Asthma and Allergy Foundation of America/ New England Chapter (AAFA/ New England)

220 Boylston Street

Chestnut Hill, MA 02467

Phone: (617) 965-7771 Toll-Free (877)2-ASTHMA Fax: (617)965-8886

E-mail: aafane@aol.com

Website: http://www.asthmaandallergies.org

Food Allergy and Anaphylaxis Network (FAAN)

10400 Eaton Place, Suite 107

Fairfax, VA 22030-2208

Phone: (800)929-4040 Fax: (703)691-2713

Website: http://www.foodallergy.org

American Academy of Allergy, Asthma and Immunology (AAAAI)

611 Wells Street

Milwaukee, WI 53202

Phone: (414)272-6071 Toll-Free: (800)822-2762 Fax: (414)272-6070

Website: www.aaaai.org

American College of Asthma, Allergy and Immunology

85 West Algonquin Road

Arlington Heights, IL 60005

Phone: (847)427-1200

Website: http://allergy.mcg.edu

American Academy of Pediatrics

141 Northwest Point

Elk Grove Village, IL 60007

Phone: (847)434-4000 Fax: (847)434-8000

Website: http://www.aap.org

Dey Laboratories (manufacturer of Epi-Pen auto-injectors)

Phone: (800)755-5560 Fax: (800)869-9005

Website: http://www.deyinc.com

Medic-Alert

2323 Colorado Avenue

Turlock, CA 95382

Phone: (800)432-5378

Website: http://www.medicalert.org

Massachusetts Department of Education, Nutrition Programs and Services

Kathleen Millett, Administrator

350 Main Street

Malden, MA 02148

Phone: (781)338-6498

E-mail: Kmillett@doe.mass.edu

Website: www.doe.mass.edu/cnp

US Department of Education - Office for Civil Rights

Ruth Ricker, Technical Assistance Specialist

Phone: (617)223-9680

E-Mail: Ruth.Ricker@ed.gov

Website: OCR_Boston@ed.gov

Seacoast Food Allergy Group

Portsmouth, NH

Phone: (603)964-8060

*Some listings courtesy of Massachusetts Department of Education

9-15-03

Windham School District Policy JLCB

IMMUNIZATIONS OF STUDENTS

Any child being admitted to the District must present proof of meeting the physical examination and immunization requirements upon entrance. Failure to comply with this provision may result in exclusion from school for the child. Immunization record or evidence of laboratory immunity is sufficient proof. Students not in compliance must provide appointment date for remaining doses.

Principals will notify parents of this requirement at the earliest possible date, so that the necessary plans can be made with the family physician or other medical resources to accomplish this standard prior to a child being admitted to school.

A child shall be exempted from the above immunization requirements if he/she presents evidence from his/her physician that immunization will be detrimental to his/her health. A child shall be excused from immunization for religious reason, upon the signing of a notarized form by the parent or guardian stating that the child has not been immunized because of religious beliefs.

Statutory & Statutory References:

RSA 141-C:20-c

RSA 200:38

Ed. 301:14

Revised: November, 1999

Revised: July, 1998

Windham School District Policy JLCC

COMMUNICABLE DISEASES

All students with a positive reaction to the screening procedure will be referred to the students' physician of record or the school physician for further testing, and a report from the physician will be required so as to protect the health of the student and his or her contacts.

Throat Cultures: Whenever the School Nurse has reason to suspect a student is suffering from a throat infection, the Nurse shall contact the parent to arrange for follow-up by the family's physician.

Upon notification from the physician/parent that the student has a positive result from the throat culture, the student shall immediately be excluded from school attendance by the building Principal, and may be re-admitted only. After completing 24 hours of antibiotic therapy.

Pediculosis: The School Nurse shall conduct periodic examinations of students' heads at appropriate times. Such examinations may be of an entire class or of students selected at random.

Students found to have pediculosis or other contagious conditions (head lice and nits) by the School Nurse shall be immediately suspended from attendance. The student may be re-admitted only by the School Nurse after an examination.

Statutory References:

RSA 200:32

RSA 200:38

RSA 200:39

Appendix JLCC-R

Revised: November, 1999

Revised: July, 1998

Windham School District Policy JLCCA

Also IHAMC & GBGAA

BLOOD BORNE PATHOGENS (i.e.) HIV, HEPATITIS B, HIV/AIDS POLICY

Preamble

Acquired Immunodeficiency Syndrome (AIDS) is a disease in which the body's immune system is impaired by the Human Immunodeficiency Virus (HIV). The virus leaves its victim unable to fight off infections. As a result, persons with AIDS are susceptible to serious secondary infections, such as pneumonia and certain malignancies. Some, but not all, persons infected with HIV develop AIDS. To assist the School District and infected persons, the School District has developed the following policy.

I. General Principles:

Blood Borne Pathogen

(A) HIV is not spread by casual, everyday contact. Therefore, absent a serious secondary infection that may be transmitted to others or a significant health problem that restricts the infected person's ability to attend School, a student who is infected with HIV or AIDS shall attend the School and classroom to which he or she would be assigned, and shall receive the rights, privileges and services to which he or she would be entitled if not infected. Decisions about any changes in the educational program of a student who is infected with HIV or AIDS shall be made on a case-by-case basis.

(B) There shall be no discrimination in employment against a person infected with HIV or AIDS based solely upon said infection. No School District employee shall be terminated, non-renewed, demoted, suspended, transferred or subjected to adverse action based solely upon his/her infection with HIV or AIDS, or the perception that he or she is so infected. However, the School District may take whatever action is appropriate as to an employee who, despite reasonable accommodation, is unable to perform his/her duties due to an illness, including an illness related to HIV or AIDS.

(C) The School District shall provide a sanitary environment and shall establish procedures for handling bodily fluids, pursuant to Section V.

(D) The School District shall administer a program of education about HIV or AIDS for students, their families, and School District employees to ensure that they are informed about the following:

(1) The nature of HIV, including how HIV is transmitted, according to current scientific evidence;

(2) School District policies and procedures relating to employees and students with diseases such as HIV or AIDS;

(3) Resources within the School District and elsewhere for obtaining additional information or assistance; and

(4) Procedures to prevent the spread of communicable diseases at School.

II. Evaluation of Infected Students and Staff

(A) HIV is not transmitted casually. Accordingly, infection with HIV or AIDS is not, by itself, sufficient reason to remove a student or staff member from the School. When the Superintendent has been notified that a student or staff member is infected with HIV or AIDS, the Superintendent shall act appropriately to ensure the safety of persons in the School setting and to plan to support the infected person.

(B) When the School District learns that a student is infected with HIV or AIDS, the appropriate procedures under State and Federal Law with regard to evaluation and educational programming shall be followed if the student is or may be educationally handicapped.

(C)

(1) When notified that an employee is infected with HIV or AIDS, the Superintendent shall determine whether the infected person has a significant health problem that will restrict his/her ability to work and shall determine whether the infected person has a secondary infection (e.g., tuberculosis) that poses a medically recognized risk of transmission of disease. The Superintendent shall make this determination by consulting with the infected person's physician and the infected person.

The Superintendent also may consult with public health officials and other persons, subject to the confidentiality provisions in this policy. The Superintendent shall consider methods in which the School District may anticipate and meet the needs of persons infected with HIV or AIDS.

(2) Absent a secondary infection that creates a medically recognized risk of transmission of disease, or a significant health problem, which restricts the infected person's ability to work, the Superintendent shall not alter the job assignment of the infected person. However, the Superintendent shall periodically review the case with the persons described in Section II(C) (1).

(3) If the Superintendent determines that a secondary infection poses a medically recognized risk of transmission of disease in the School setting or that a significant health problem restricts the infected person's ability to work, the Superintendent shall consult with the persons described in Section II(C) (1). After said consultation, the Superintendent shall, if necessary, develop an individually tailored plan to accommodate the staff member if reasonably possible. Additional persons may be consulted if necessary for gaining additional information, but the infected person must approve of the notification of any additional persons who are informed of the infected person's identity. The Superintendent may consult with legal counsel to ensure that any official action is consistent with state and federal law. If an individually tailored plan is necessary, said plan shall be medically, legally, educationally and ethically sound.

(D) Infected students who are aggrieved by the education plan determinations may appeal said determinations pursuant to state and federal special education law if the infected student is eligible for or claims that he is eligible for special education or special education and related services. Infected persons who do not claim that they are eligible for special education or special education and related services, but who are aggrieved by the Superintendent's determinations, may appeal said determinations to the School Board.

(E) Confidentiality shall be observed throughout the foregoing process.

III. Confidentiality

(A) The identity of a student or staff member who is infected with HIV or AIDS may be disclosed to those persons who determine whether the infected person has a secondary infection that poses a medically recognized risk of transmission of disease in the School setting or whether a significant health problem will restrict the infected person's ability to work or attend class. These persons include:

(1) The Superintendent or a person designated by the Superintendent to be responsible for the determination, or, in the case of a student who is identified as educationally handicapped or who is claimed or believed to be educationally handicapped, the special services team.

(2) The physician of the infected person.

(3) Public health officials, to the extent that their knowledge of the infected person's identity is necessary.

(B) The persons listed in Section III (A) (1) - (2) and the infected person (or his/her parents or guardians) shall determine whether additional persons need to know the identity of an infected person. The identity of an infected person shall not be disclosed to persons who are not listed in Section III (A) without the consent of the infected person, or the infected person's parents or guardians. The persons to whom the infected person's identity may be disclosed with the aforementioned consent include the School nurse, the School Principal or other persons necessary to protect the health of the infected person or to evaluate and monitor the case.

(C) All staff members who know the identity of persons infected with HIV or AIDS shall treat said information as confidential. No information shall be divulged directly or indirectly to any individuals or groups, except as noted in Section III (A) - (B). All medical information and written documentation of discussions, telephone conversations, proceedings, and meetings concerning the HIV or AIDS infection shall be maintained in a locked file. Access to said file shall be granted only to those persons who have the written consent of the infected person or his/her parents or guardians. The names of infected persons shall not be used in documents, except when essential. No document containing the name or other information, which reveals the identity of an infected person, may be shared with any person for any purposes without the consent of the infected person or the infected person's parents or guardians. Any School staff member who violates the confidentiality provisions of Section III shall be subject to discipline. Test results and medical records shall be disclosed only with the consent of the infected person (or that person's parent if he is a minor), pursuant to a subpoena or order of a court or administrative agency, or otherwise in accordance with law.

IV. Testing

Mandatory testing for communicable diseases that are not spread by casual, everyday contact (e.g., HIV or AIDS) shall not be a condition for School entry or attendance, or for employment or continued employment.

V. Control of Infections

(A) HIV cannot penetrate unbroken skin, and there is no evidence that HIV has been transmitted through contact with vomit, nasal discharge, saliva, urine, or feces. However, said body fluids commonly transmit infections such as Hepatitis, colds and flu. Accordingly, direct skin contact with body fluids should be avoided whenever possible.

(B) Staff members shall follow the Universal Precautions in handling body fluids in the Schools.

Statutory References:

RSA 193:1

RSA 189:1-a

RSA 186-C:2,I

RSA 193:3

Windham School District Policy JLCCA

Also IHAMC & GBGAA

HEALTH EDUCATION

The School Board recognizes that (HIV) AIDS education should be integrated into the health and family life curriculum, but may also be applied to other curriculum areas.

The District's (HIV)AIDS education program must address, at a minimum, the nature, transmission, prevention, and effects of the disease. The program shall be provided in a sequential manner in all grades, taking into consideration the age and maturity of the students and the subject matter of the course. Development of the program should take into account the instructional needs of all students in the District.

The Superintendent shall ensure that the information presented as a part of the (HIV)AIDS program is articulated in such a way that transition from grade to grade in the elementary Schools and from elementary to secondary approaches to the material will be appropriate for all students.

The Superintendent shall ensure that all staff involved in teaching the (HIV) AIDS education program are properly certified and adequately prepared to teach the material. As necessary, appropriate staff training shall be provided. All employees shall have training in Universal Precautions.

Revised: July, 1998

Windham School District Policy JLCD

ADMINISTERING MEDICINES TO STUDENTS

The Windham School District adopts the following policy specific to administering medication to students:

1. Each local school board, with the advice of the school medical health advisor and the school nurse shall establish policy and procedures to give protection and controls to the matter of medications in schools.

2. Any pupil who is required to take a medication prescribed by a licensed physician, advanced registered nurse practitioner or a licensed physician’s assistant, during the school day, shall be supervised in taking the medication by the school nurse who shall be responsible for administering the medication.

3. If the school nurse is not available the following option shall apply in implementing (1) above:

The building principal or designee may assist a student in taking required medication by making such medications available to the student as needed, and by observing the student as he/she takes or does not take his/her medication.

4. Upon receiving a request from the parent, guardian or physician relative to a particular student’s need for medication during school hours, the school nurse may contact the parent, guardian or physician to discuss whether the student should remain at home or whether the medication should be taken before, during and/or after school.

5. In order for medications to be given in school, the following shall occur:

(a) The school nurse shall ensure that a written authorization from the licensed prescriber, containing the following, be on file in the student’s health record:

- Student’s name;

- Name and signature of the licensed prescriber and business and emergency numbers;

- Name, route and dosage of each required medication;

- Frequency and time of medication administration or assistance;

- Diagnosis and any other medical conditions requiring medications if not a violation of confidentiality or if not contrary to the request of the parent or guardian to keep confidential;

- Specific recommendations for administering;

- Any special side effect, contraindications and adverse reactions to be observed;

6. All prescription medications to be administered by the school nurse shall be kept in a securely locked cabinet, used exclusively for medications, which are kept locked except when open to obtain medications. The cabinet shall be substantially constructed and anchored to a solid surface. All medication (over the counter and prescribed) must be in the original pharmacy labeled container and accompanied by the signed Parent’s Request For Giving Medication or Treatment At School form.

7. Students in grade six through eight may carry their albuterol inhalers on their person when agreed by parents, students, personal physician and the school nurse. There must be a signed contract on hand and signed by all parties. (Attach example of contract)

8. Students in grade six through twelve may carry their epipen on their person when agreed by parents, students, personal physician and the school nurse. There must be a signed contract on hand and signed by all parties. (Attach example of contract)

9. Parents are responsible for providing up-to-date, non-expired, medication to the school.

Regulatory Reference:

Ed. 311.02(d)

See Appendix JLCD-R

Revised: November, 1999

Revised: July, 1998

Windham School District Policy JLCD-R

PARENT’S REQUEST FOR GIVING MEDICATION OR TREATMENT AT SCHOOL

My child, , a student in

School requires medication and/or a medical procedure during the school day as prescribed by his/her physician. I hereby authorize the designated staff person to administer the medication/procedure prescribed below according to the directions. In consideration of the service, I (we) further hereby agree that I (we) will not hold liable, and will otherwise hold harmless, the Windham School District and any such member of the administration of the medication/procedure described below. This includes permission to confer with the physician, if necessary.

Date: Signature:

Print Name:

PHYSICIANS’ STATEMENT

The above named student, , requires medication and or a medical procedure during the school day as follows:

Diagnosis:

Mediation: Dosage:

Time: Frequency/ Duration:

Route of Administration:

Possible side effects, adverse reactions, and contraindications:

Other medications the student is currently taking:

Identification of medical procedure (explanation and details, i.e., time and duration);

Date: Signed: (Physician)

Physician Telephone # Print Name

All medication (over the counter and prescribed) must be in the original pharmacy labeled container and accompanied by this signed form.

Windham School District Policy JLCD-R

Medical and Emergency Care Information

(To be filled out for each field trip)

Student Name

Address

Date of Birth Teacher Grade

Parent Name:

Parent can be reached at the following phone number (W)

Other contact: (W)

Student’s Doctor Phone #

Insurance and #

Date of last tetanus shot: (6^th –8^th grade only)

Check all that apply:

Allergic to: (food, drugs, insects)

Chronic medical problems:

Current Medications:

Does your child have an EpiPen: Yes No If yes,

a) The parent must accompany the student on a field trip or be in attendance at the school – sponsored activity.

b) If the stipulations as outlined above cannot be met, the parent shall notify the school authorities, in writing, authorizing a responsible adult to assume the care and custody of the student. (see reverse side)

c) My child has a Doctors order to self administer EpiPen Yes No

Needs to receive the following medication while on the field trip:

1. Name of medication

Time to be given

To be given in the event of an allergic reaction only.

2. Name of medication

Time to be given

To be given in the event of an allergic reaction only.

You have my permission to assist / supervise my child in taking the medications listed above. I understand that a chaperone, teacher or other responsible adult designated by the principal may carry my child’s medication. In case of medical emergency, in the event I cannot be reached, I authorize Windham Schools, its agents, employees and other officers to procure and consent to any medical examination, diagnostic process or course of treatment, including hospital care, to be rendered to my child by or under the supervision of any duly licensed doctor, dentist or surgeon.

Parent Signature Date

PLEASE FILL OUT PARENTAL CONSENT AND RELEASE FORM IF YOUR CHILD HAS AN EPIPEN

Windham School District Policy JLCD-R

Field Trip Form

Parental Consent and Release

Medical Authorization

(To be filled out if student will/may need epipen medication while on a field trip.)

I, , as the parent or guardian of , authorize

(student) *(responsible adult)

to assume care and responsibility of my child while on the following school sponsored

activity on

(date)

In the event that medication is needed, i.e., EpiPen, inhaler, or other prescription

medications, the above-mentioned responsible adult has my permission to dispense

medication as directed.

Signature (Parent/Guardian) Date

Signature (Adult Assuming Responsibility) Date

*If your student has an EpiPen you must list a responsible adult (staff member) listed on your consent to administer form that will be on the field trip or another parent volunteer you have instructed in EpiPen use that will be responsible for your child.

Windham School District Policy JLCD-R

GRADES 6-8

Permission to carry Inhaler and/or EpiPen

Contract between Student, Parent, Nurse and Physician

So that we may provide the best care for your child, please complete the information below and return to the School Nurse. If any changes occur during the year, please notify the School Nurse.

All medications brought to school must be in their original pharmacy containers (labeled with the student’s name). All medications administered at school require a physician’s written order as well as written parental permission.

OPTION #1

The student comes to the health office where the inhaler and or EpiPen is kept, and uses it under supervision. The advantage is that the medication will be used correctly, in the proper amount, and that records will be kept. A number of students keep their inhalers in the health office and come before PE or as needed. Parent and physician MUST complete the reverse side of this form.

OPTION #2

Upon completion of the contract below, the student will be allowed to self-administer and carry his/hers inhaler and or EpiPen. The advantage being that the inhaler and or EpiPen is immediately available.

RESPONSIBILITIES FOR SELF-ADMINISTRATION AND CARRING INHALER AND OR EPIPEN:

1. Student has demonstrated to the nurse and physician the correct use of the inhaler and or EpiPen.

2. Student understands responsible use of the inhaler and or EpiPen and recognizes proper and prescribed timing for use.

3. Student agrees that if after 2 puffs there is no marked improvement, he/she will see the nurse immediately.

4. Student agrees that if after self-administration of EpiPen they will notify the nearest adult and immediately notify the school nurse.

5. Parent will provide a second labeled medication to be kept in the health office for emergency use.

6. Student agrees to never share the inhaler and or EpiPen with another person.

7. Student agrees to follow this contract and agrees that failure to do so will lead to parent contact and development of a new plan.

Comments and added responsibilities: _

Student Signature Date School Nurse Signature Date

I request that my child be allowed to carry his/her inhaler and or EpiPen and be responsible for its proper storage and use. I will support my child to follow the above agreement and if he/she does not, I will be contacted and we will develop a new plan.

Parent Signature Date

Mediation Dose and Frequency of Use

Physician’s Signature Date

Windham School District Policy &

Code	Category	Title

JBAA	P	Sexual Discrimination (Also GBAA)
JBAA-R		Sexual Harassment and Sexual Violence Report Form
JCA	P	Change of School Assignment
JEA	O	Compulsory Attendance Ages
JEB	R	Entrance Age Requirements
JEC	P	Manifest Educational Hardship
JF	O	Student Admissions to/Withdrawals from
		School/Enrollment
JFA	R	Residency
JFA-R		Technical Assistance Advisory-Residency
JFAA	P	Admission of Resident Students
JFAB-R		Procedures for Non-Residents who are relocating to Windham, NH
JFAB	P	Admission & Tuition of Nonresident Students
JFABB	R	Foreign Exchange Students
JFABB-R		Admission of Foreign Exchange Students
JFABD	P	Admission of Homeless Students
JH	P	Student Absences and Excuses
JHB	R	Truancy
JHBB	R	Attendance Monitoring/Accounting
JHC	R	Released Time for Students
JI	R	Student Rights and Responsibilities
JIA	R	Student Due Process Rights
JIB	O	Student Involvement in Decision-Making
JIBA	O	Student Government
JIC	R	Student Conduct
JICA	R	Student Dress
		Appendix A & B
JICBB	P	Bullying (Also JBAA, JIC, JICD, IHBA)
JICC	R	Student Conduct on School Buses (Also EEA & EEAEC)
JICC-R		Student Rules and Conduct on the School Bus (Also EEA-R)
JICD	P	Student Conduct in School/Safe School Zone (Also IHBA)
*** JICD-R		Memorandum of Understanding (Police Chief)
JICDAA	O	Employee-Student Relations (Also GBEBB)
JICDD	R	Student Discipline Out-of-School Actions
JICE	R	Student Publications
JICE-R		Student Publications
JICEA	O	Student Productions
JICF	R	Secret Societies/Gang Activity
JICFA	R	Hazing
JICG	P	Tobacco Products Ban (Also ADC, GBED)
JICH	R	Drug and Alcohol Use by Students
JICI	R	Dangerous Weapons on School Property
JICI-R		Modification of Weapons Expulsion
JICJ	R	Unauthorized Communication Devices
JICK	R	Recording Devices on School Buses
JIE	R	Pregnant Students (Also IHBCA)
JIH	R	Student Searches
*** JIHC	R	Use of Metal Detectors (Police Chief)
JJA	O	Student Organizations/Activities
JJE	O	Student Fund-Raising Activities
JJF	R	Student Activities Funds
JJG	O	Contests for Students -- Non-School Sponsored
JJIB	O	Interscholastic Sports
JKA	R	Corporal Punishment
JKB	R	Detention of Students
JLA	O	Student Insurance Programs
JLC	R	Student Health Services and Requirements
JLCA	P	Physical Examinations of Students
JLCA-R		Family Physician’s Report of Physical Examination
		*Golden Brook School Physical Examination
		(incoming first graders)
		*Health History
		(incoming first graders and new students)
		*Sports & Athletic – Physical Examination
JLCA-R		Food Allergies Guidelines
JLCB	R	Immunization of Students
JLCC	R	Communicable Diseases
JLCCA	R	Blood Borne Pathogens (i.e.) HIV, Hepatitis B, HIV/AIDS Policy (Also GBGAA & IHAMA)
JLCD	P	Administering Medicines to Students
JLCD-R		Windham School District Medical Forms
		*Parent Request for Giving Medication or Treatment
		at School
		*Medical and Emergency Care Information
		(Field trips)
		*Field Trip Form- Parental Consent and Release
		*Permission to Carry Inhaler and/or Epipen (Gr. 6-8)
JLCE	P	First Aid and Emergency Medical Care
JLCE-R		Emergency Information
		Automated External Defibrillator(s) (Also, GBGBA & KLMB)
JLCF		Daily Physical Activity
JLDBA	O	Suicide Prevention
JLDBA-R		Crisis Management Procedures
JLDBA-R		Notification of Threat to Self and/or Others Risk
JLF	R	Reporting Child Abuse/Child Protection
JLIA	R	Supervision of Students
JLIE	R	Student Automobile Use and Parking
JM	O	Student Awards, Honors, and Scholarships
JQ	O	Student Fees, Fines, and Charges
JRA	R	Student Records Policy(FERPA)

Policies: GBAA & JBAA

CHANGE OF SCHOOL ASSIGNMENT

NEW POLICY, DECEMBER 2001

Legal Guardianship

Liability of School District for Special Education Costs.

Appeals: District of Liability

Purpose

Definition

Does homelessness have to be proven?

Anticipated Occupancy within 60 school days

Anticipated Occupancy is greater than 60 school days

ADMISSION OF HOMELESS STUDENTS

STUDENT RIGHTS AND RESPONSIBILITIES

STUDENT DUE PROCESS RIGHTS

STUDENT INVOLVEMENT IN DECISION - MAKING

STUDENT GOVERNMENT

STUDENT CONDUCT

STUDENT DRESS CODE

Also EEA & EEAEC

STUDENT CONDUCT ON SCHOOL BUSES

RSA 189:6-9a

STUDENT RULES AND CONDUCT ON THE SCHOOL BUS

Also IHBA

STUDENT CONDUCT, DISCIPLINE AND DUE PROCESS

MEMORANDUM OF UNDERSTANDING

STUDENT DISCIPLINE

OUT-OF-SCHOOL ACTIONS

STUDENT PUBLICATIONS

STUDENT PRODUCTIONS

MODIFICATION OF A WEAPONS EXPULSION

PHYSICIAN’S STAMP Telephone #

PHYSICIAN’S STAMP Telephone #