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4000 SERIES
STUDENT SERVICES TABLE OF CONTENTS |
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4000 - Attendance 4100 - Maintenance, Review, and Release of Student Records 4200 - Management of Student Behavior 4300 - Administration of Medication to Students 4400 - Sexual Harassment 4500 - Cocurricular Activities and Athletics |
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ATTENDANCE Attendance in school is central to educational achievement and school success. All children between the ages of seven (7) and sixteen (16), and all children under age seven (7) who are enrolled in public school in grades kindergarten or higher, are required by state law to attend school regularly. Parents and legal guardians must ensure that students attend and remain in school daily. No person shall encourage, entice or counsel any child to be absent from school unlawfully. The principal must assure adherence to attendance rules and regulations and notify parents of their responsibility under the Compulsory Attendance Law. Teachers must monitor and report student absences on a daily and class period basis and follow all rules and regulations concerning attendance. Daily Attendance: To be counted present, a student must be in attendance at least one-half of the student’s school day. This includes attendance at official school activities at a place other than school, with the approval of the principal or designee. Class Attendance: To be counted present, a student must be in attendance at least one-half of the student’s class period. Students who arrive at school after the school day begins are to report to the office or other location designated by the principal. Excused Absences 1. When the absence results from illness or injury which prevents the student from being physically able to attend school. When cumulative absences exceed ten (10) days, a statement from a physician is required to excuse an illness. Students with documented chronic or serious acute health problems will be exempt from this requirement for excused absences resulting from the health problems. 2. When isolation or quarantine of the student is ordered by the Cleveland County Health Department or by the State Board of Health. 3. When the absence results from the death of a member of the immediate family of the student. The immediate family of a student includes, but is not necessarily limited to, grandparents, parents, and siblings. 4. When the absence results from the student’s medical, dental or other appointment with a health care provider. A written excuse should be presented with a doctor’s signature or stamp. When possible, such appointments should be scheduled during non-school hours. 5. When the student is a party to or under subpoena as a witness in the proceedings of a court or administrative tribunal. 6. When the student or the student’s parent/guardian or custodian adheres to a religion whose tenets require or suggest the observance of a religious event. The parent/guardian or custodian must seek prior approval of the principal for such absences, and the approval should be granted unless the religious observance or the cumulative effect of religious observances is of such duration as to interfere with the education of the student. 7. When the student obtains the principal’s prior approval for participation in a valid educational opportunity, such as travel. Unexcused Absences Three (3) unexcused tardies to school or unexcused early dismissals from school will constitute an unexcused absence. Make-Up Work High school and middle school students are responsible for securing and arranging make-up work from their teachers. Teachers shall help students accept this responsibility by providing information and assistance concerning missed assignments. In case of elementary students, the teacher will assign make up work where appropriate in the teacher’s discretion. The teacher will determine when work is to be made up. Students may be permitted to make up absences in order to avoid retention or loss of credit due to excessive absences. Each school shall establish its own procedures for making up absences/work in core courses. Hospital/Homebound Extracurricular Activities Excessive Absences The IEP team shall be involved in any promotion or retention decision made under this policy for a child in the Exceptional Children’s Program. Decisions of the principal with regard to attendance, grade retention and/or denial of credit made pursuant to this policy may be appealed in accordance with the Student Grievance Procedures. Elementary School - Elementary students (K-3, K-4, K-5 and 4-5) who are absent from school more than twenty (20) days for any reason shall receive no credit for the year of study and shall be retained in the same grade for the succeeding year except by a determination of the principal upon review of the student’s record. Grade 5-6 School (KM Intermediate School) - Intermediate students who are absent from school more than eighteen (18) days for any reason shall receive no credit for the year of study and shall be retained in the same grade for the succeeding year except by a determination of the principal upon review of the student’s record. Middle School - Students who exceed the number of absences listed below shall receive no credit for the semester or year and may face retention in the same grade. 2004-2005 - 10 days per semester 20 days per year 2005-2006 - 9 days per semester 18 days per year 2006-2007 - 8 days per semester 16 days per year Kings Mountain Middle School shall continue to use its current plan, which meets the 2006-2007 system wide goal. High School - To be eligible to receive academic credit for a course, a student must attend a minimum of 168 classes in year-long courses and 84 classes in semester courses. Therefore, on the 7th absence in a semester course or the 13th absence in a year-long course, a student loses the opportunity to receive credit for the course. The student shall receive a grade of NCA unless the student’s academic average for that course is failing, in which case, the actual failing grade shall be assigned. Middle School and High School - No student is eligible to go on any field trip or school sponsored activity that results in a loss of class time without prior permission of the principal or designee when the student has reached the maximum number of class absences. Notification of Excessive Unexcused Absences The principal or designee shall notify the parent/guardian or custodian of a child’s excessive unexcused absences in accordance with G.S. 115C-378 as follows: 1. After the third unexcused absence, the principal or designee shall notify the parent/guardian or custodian by mail. 2. After not more than six (6) accumulated unexcused absences, the principal or designee shall notify the parent/guardian or custodian by mail that the parent/guardian or custodian may be in violation of the North Carolina Compulsory Attendance Law and may be prosecuted if the absences cannot be justified as excused under the standards stated in the section entitled “Excused Absences” above. A copy of the notice also will be directed to the social worker, school attendance counselor, or other appropriate school personnel, who will work with the student and family to improve attendance. 3. After ten (10) accumulated unexcused absences in a school year, the principal or designee shall notify the parent/guardian or custodian by certified mail of the student’s excessive number of unexcused absences. The principal also shall review any reports or investigation prepared pursuant to G.S. 115C-381 and shall, if possible, confer with the student and the student’s parent/guardian or custodian to determine whether the parent/guardian or custodian received notification pursuant to the requirements of this policy and the Compulsory Attendance Law and made a good faith effort to comply with the law. If the principal determines that the parent/guardian or custodian has not made a good faith effort to comply with the law, the principal shall notify the district attorney and Cleveland County Director of Social Services. Where the parent/guardian or custodian has made a good faith effort, the principal may file a complaint with the juvenile court counselor pursuant to Ch. 7B of the General Statutes that the child is habitually absent from school without valid excuse. Legal Reference: G.S. 115C-36, -307(f), -378 to -381, -391; 16 N.C. A.C. 6E.0101 to 6E.0104 Adopted: July 12, 2004 DROPOUT PREVENTION AND INTERVENTION The Cleveland County Board of Education recognizes the importance of encouraging students to stay in school and is committed to programs aimed at reducing the number of dropouts. As part of this effort, each secondary school is expected to include strategies for decreasing dropouts in its School Improvement Plan. These strategies should include proven effective methods for combating absenteeism and providing appropriate support services for students who may be at risk of dropping out of school. The school principal or designee shall refer all students who drop out of school to appropriate services as they may be available in the school system, in
LEGAL REF: G.S. 115C-47(32); State Board of Education Policy HSP‑Q‑000 ADOPTED: September 26, 2005 RELEASING A STUDENT FROM SCHOOL In no case shall a person other than a parent or legal guardian be permitted to take a student from school until or unless the principal or designee is satisfied that such person has the approval of an authorized parent or guardian. It shall be the responsibility of the principal or designee to determine that any person appearing at a school and requesting permission to take a student from the school is properly authorized to do so. In the event one parent requests that his or her child(ren) not be released to the other parent, the parents shall be informed that the child(ren) shall be released to either parent upon request, unless a valid
LEGAL REF: G.S. 115C-36, -288 STUDENTS SIGNING OUT FROM SCHOOL Any student who leaves the school grounds at any time during the school day must sign out in the accordance with school procedures. Prior to leaving school the student must have: A. A written notice from the parent or guardian; or B. Verbal consent given to designated school personnel from the parent or legal guardian. Unless it is clear that parental permission has been granted, students may not leave school during the school day. A student's departure from school must be authorized by the office. Any unauthorized departure may be considered an unexcused absence and may result in discipline under the Code of Student Conduct. LEGAL REF: G.S. 115C-36, -288 IMMUNIZATION No child shall be permitted to attend school unless a certificate of immunization indicating the child has received the immunizations required by G.S. 130A-152 is presented to the school. If on the first day of attendance the child does not present a certificate of immunization, the principal or designee shall notify the child's parent/guardian or responsible person. This parent/guardian or responsible person shall have 30 calendar days from the first day of attendance to obtain the required immunizations for the child. If, following approved medical practice, the administration of a vaccine requires more than 30 calendar days to complete, upon certification of this fact by a physician, and/or the Health Department, additional days may be allowed in order to obtain the required immunization. At the end of the 30 calendar days or extended period, if the required immunizations have not been obtained, the student shall not be permitted to attend school until required immunization has been obtained. No child will be required to have any immunization if the child's parent/guardian objects in writing on the grounds that it conflicts with the parent's religious beliefs, or if the child's physician certifies that the required immunization is or may be detrimental to the child's health. The principal shall maintain on file immunization records for all students which contain the information required for a certificate of immunization as specified in G.S. 130A-154, and these records may be inspected by officials of the county or state health departments. When a child transfers to another school, the school from which the child is transferring shall send a copy of the child's immunization record to the new school, at no charge. Each principal shall file an immunization report with the Department of Environment, Health and Natural Resources within 60 calendar days after the commencement of a new school year. If a child is homeless or is identified as being homeless, he or she shall be immediately enrolled in and allowed to attend school, even if the child or his or her parents cannot produce a certificate of immunization. The school system will endeavor to determine and address the immunization status of homeless students in accordance with applicable state and federal laws and regulations. LEGAL REF: G.S. 130A-152 to -157; 42 U.S.C. ' 11431 et seq. ADOPTED: September 26, 2005 SCHOOL ADMISSIONS Qualifications for admission to the Cleveland County Schools shall be considered complete upon satisfaction of the criteria listed under the respective types of entrants. Definitions A. ADomicile@ denotes a permanent, established home, as distinguished from a temporary, although actual, place of residence. The domicile of an unemancipated minor is the same as that of his parents or legal guardian. A student who is over the age of eighteen, who is married or who is legally emancipated may establish his own domicile. B. AResidence@ is where a person actually lives, whether permanent or temporary. C. ALegal Custodian@ is a person or agency awarded legal custody of a child by a court of law. D. ALong-term Suspension@ is a removal from school for more than ten days but not exceeding the remainder of the school year. E. A365-day Suspension@ is a removal from school for 365 calendar days from the start of the suspension. F. AExpulsion@ is a permanent removal from the Cleveland County Schools. Prerequisites to Admission A. Student has not completed the prescribed course for graduation from high school. B. Student has satisfied North Carolina immunization requirements, except that if a child is homeless or is identified as being homeless, he or she shall be immediately enrolled in and allowed to attend school, even if the child or his or her parents cannot produce such records. C. The parent, guardian, or custodian has presented documentation establishing the student's age (birth certificate) and grade placement (transcript or report card from previous school if transferring from elsewhere), except that if a child is homeless or is identified as being homeless, he or she shall be immediately enrolled in and allowed to attend school, even if the child or his or her parents cannot produce such records. D. For a student presented for enrollment, after enrollment in a private or public school in this or any other state, the student's parents, guardian, or custodian shall provide a statement made under oath or affirmation before a qualified official indicating whether the student is, at the time, under suspension or expulsion from the previous school and/or has been convicted of a felony in this state or any other state. 1. The board may deny admission or place reasonable conditions on the admission of a student who has been suspended from a school under G.S. 115C-391 or who has been suspended from another public or private school within this state or any other state for conduct that could have led to a suspension in the Cleveland County Schools, until the period of suspension has expired. 2. The board may deny admission or place reasonable conditions on the admission of a student who has been expelled from a school under G.S. 115C-391 or who has been expelled from another public or private school within this state or any other state for conduct that could have led to an expulsion in the Cleveland County Schools; or who was expelled from a school for behavior that indicated the student's continued presence in the school constituted a clear threat to the safety of other students or employees; or who has been convicted of a felony in this or any other state. 3. A student who has been expelled from another public or private school in this or any other state or who has been convicted of a felony in North Carolina or any other state and who is denied admission to Cleveland County Schools may request the board to reconsider that decision as provided in the Due Process Policy. Students who are denied admission are not entitled to a hearing to request reconsideration of the board's decision to deny admission. E. No child shall be permitted to enter kindergarten unless a current health assessment form is presented to the principal on or before the child's first day of attendance. If the form is not presented, the principal shall present a notice of deficiency to the parent/guardian, or person in loco parentis. If the health assessment form is not received within 30 calendar days from the first day of attendance, the child may not continue to attend school until the health assessment form has been presented. The health assessment shall be made no more than 12 months prior to the date of school entry. It must include a medical history and physical examination with screening for vision and hearing and, if appropriate, testing for anemia and tuberculosis. If a child is homeless or is identified as being homeless, he or she shall be immediately enrolled in and allowed to attend school, even if the child or his or her parents cannot produce a current health assessment form. Within 60 calendar days after the commencement of a new school year, the principal shall file a health assessment status report with the Department of Environment, Health and Natural Resources. The report shall document the number of children in compliance and not in compliance with the requirement to provide the health assessment form. F. The student meets the age requirements outlined below: 1. Preschool: To enroll in a preschool program, a child must meet the age requirements for the program in which he or she seeks to enroll. 2. Kindergarten: To enroll in kindergarten, a student must be at least five years of age by October 16 of the school year in which the student seeks to enroll, be qualified to enroll as a four- and a half-year-old under State Board of Education guidelines and the principal's discretion, or be qualified because of previous enrollment in kindergarten in another public school system or private school in another state or country. The initial point of entry shall be at the kindergarten level. After initial entry into kindergarten, the principal may place a child in first grade, by reason of the child's maturity, without regard to chronological age. The parent or guardian of a child who is making initial entrance into school shall be required to furnish, before admission is approved, a certified copy of the child's birth certificate, or other satisfactory evidence of date of birth. If a child is homeless or is identified as being homeless, he or she shall be immediately enrolled in and allowed to attend school, even if the child or his or her parents cannot produce a birth certificate or other evidence of the child's birth date. When a child has begun attendance in a public school in another state or foreign country in accordance with the laws or regulations of that state or country, and upon receipt of official school records, the child will be eligible for official enrollment regardless of his or her age. Grade placement will be determined by the principal. 3. Students older than 21 years of age or who have already completed the requirements for graduation from high school are no longer eligible to enroll. G. The parent, guardian, or custodian must present a child for initial enrollment into kindergarten within the first 120 days of the school year. Entitlement to Admission A. The student is domiciled in Cleveland County as defined in this policy and state law; B. The student resides with a legal custodian who is domiciled in Cleveland County; C. The student meets the abandonment exception as follows: 1. Student resides with an adult, who is domiciliary of Cleveland County, as a result of: a. Death, serious illness, or incarceration of a parent or legal guardian; or b. Abandonment by a parent or legal guardian of complete control of the student as evidenced by the failure to provide substantial financial support and proper guidance; or c. Abuse or neglect by parent or legal guardian; or d. Physical or mental condition of the parent or legal guardian is such that he or she cannot provide adequate care and supervision of the student; or e. Loss or uninhabitability of the student's home as a result of a natural disaster; and 2. The student is not currently under a term of suspension or expulsion from a school for conduct that could have led to a suspension or expulsion from the Cleveland County Schools; and 3. The adult with whom the student resides and the student's parent, guardian, or legal custodian present to the school principal completed and signed separate affidavits that a. Confirm the qualifications set out in this subsection establishing the student's residency; b. Attest that the student's claim of residency in Cleveland County is not primarily related to attendance at a particular school within Cleveland County; and c. Attest that the adult with whom the student is residing has been given and accepts responsibility for the educational decisions for the child, including receiving notices of discipline, attending conferences, granting permission for school-related activities, and taking appropriate action in connection with student records. If the parent or legal custodian is unable, refuses or is otherwise unavailable to sign the affidavit, the adult with whom the student is living shall attest to that fact in his or her affidavit. D. The student is living in a foster home, group home, or other institution or care facility that is located in Cleveland County; E. The student is a homeless student who is currently found in Cleveland County. (The homeless student must be enrolled immediately, even if the student is not accompanied by an adult and cannot provide proof of residency, school and immunization records, a birth certificates or other document.); F. The student is identified as a Aspecial needs@ student residing in Cleveland County; or G. The student is otherwise found by the Cleveland County Board of Education to be entitled to enroll in the Cleveland County public schools. Discretionary Admission A. The superintendent is authorized to grant admission to students who are not otherwise entitled to admission in the Cleveland County Schools. To be considered for discretionary admission, a student must satisfy the following requirements: 1. Submit an application form completed by the parent or guardian and the last report card received by the student; 2. Present a planned course of study for the current or coming year if a secondary student; 3. Furnish transcripts and other student record data including evidence of compliance with North Carolina immunization requirements; 4. Present evidence that the student is in good standing at the last school attended; 5. Present evidence that the student has not completed the prescribed course for graduation from high school; and 6. Present a release from the school district of residence. B. Applications for discretionary admission will be considered only when space is available. C. Any discretionary admission is valid only for the school year for which approval is granted. Requests may be made annually. D. Students granted discretionary admission to the Cleveland County Schools will be assessed tuition, except that no child who is homeless or identified as being homeless may be charged tuition. Pupils residing with a parent or guardian who is an employee of the Cleveland County Schools and is eligible for hospitalization and retirement benefits are exempt from tuition. The tuition rate shall not exceed the amount of per pupil local funding and will be determined and reported to the board no later than August 1 of each year. E. The Cleveland County Schools will not provide transportation to students granted discretionary admission. Discretionary Releases to Attend School in Other Districts A. Cleveland County students seeking release to attend public school in another public school system may apply to the board for a release. B. Release from the Cleveland County Schools releases the school system from any obligation to provide transportation and/or tuition for the student. C. The superintendent shall grant release of students only upon such terms and conditions as may be agreed in writing with the board of education of the receiving school district. Any approved release of a student is valid only for the school year for which approval is granted. Requests may be made annually. Final decisions by the superintendent regarding discretionary release may be appealed to the board in accordance with Student and Parent Grievance Policy. Appeals LEGAL REF: G.S. 115C-40, -111, -364, -366, -366.1, -366.2; G.S. 130A-152 to -157, -440 to -443; 16 N.C.A.C. 6E.0105; 42 U.S.C. ' 11431 et seq.
ASSIGNMENT AND REASSIGNMENT OF STUDENTS
Initial Assignment No person shall be assigned or reassigned, refused admission to, or be excluded from any public school on the basis of race, creed, color or national origin. No school attendance zone shall be drawn for the purpose of segregating persons of various races, creeds, colors or national origins from the community. Voluntary Transfer/Reassignment Requests Reassignment to another school based on a voluntary request for transfer shall result in the waiver of the school system's requirement to provide transportation. A student's inappropriate behavior that results in suspension from school, or poor attendance (in excess of ten unexcused absences during a school year), may result in loss of the student's transfer status and assignment back to the student's base school. Termination of transfer status will be made upon the recommendation of the principal and approval of the superintendent or designee. In accordance with the laws of the state: 1. Application for reassignment shall be made on forms prescribed by the board. Forms shall be available at each school and at the central office. 2. If the application is disapproved, the superintendent or designee shall give notice to the applicant of the board's decision by registered or certified mail. All reassignments approved by the board shall remain in effect until terminated by subsequent action of the board unless the reassignment was originally approved for a specified period of time, in which case the reassignment shall automatically terminate at the end of the time so specified. It shall be the responsibility of the superintendent or designee to notify the parent or guardian and student, upon termination of the reassignment, of the student's assignment back to the appropriate school in his or her attendance area. 3. Within five (5) days after receipt of denial of a transfer request, the applicant may apply to the board for a hearing and is entitled to a prompt and fair hearing. The hearing is informal, and the applicant may be present. The applicant may call such witnesses as he desires, one at a time. The other witnesses shall remain outside of the hearing room. The applicant shall have the right to be represented by counsel if he or she desires. Applicant shall notify the superintendent or designee at least two working (2) days prior to the hearing that he or she will be represented by counsel. The hearing shall be in closed session. The burden of proof shall be on the applicant to satisfy the board under the applicable law that the child should be reassigned. A transcript of the hearing will be prepared. 4. The board shall consider the best interest of the student, the orderly and efficient administration of the public schools, the proper administration of the school to which reassignment is requested, the instruction, health, and safety of the pupils enrolled, and shall assign the student in accordance with such factors. Reassignments to Schools Exceeding Capacity 1. Students with an older sibling previously approved for reassignment to the same school. 2. Students whose parents or legal guardians are employees of the Cleveland County Board of Education and are eligible for hospitalization and retirement benefits. 3. Students whose parents show documented proof of hardship circumstances resulting in the need for the student to attend another school. Involuntary Reassignment Nothing in this policy precludes the Cleveland County Schools from suspending or expelling a student pursuant to the board's policy on suspension or expulsion. Reassignments Under No Child Left Behind Unsafe School Choice Option Students given the option to transfer under this section shall be allowed to attend a school that is not identified as persistently dangerous, that offers instruction at the student's grade level, and whose enrollment does not exceed the capacity established for that school. A transfer that is offered when a school is identified as persistently dangerous will be in effect until the original school is no longer identified as persistently dangerous. A transfer that is offered when a student is a victim of a violent crime at school will be in effect for the remainder of the school year. Public School Choice Option Assuming there are two such schools available, parents will be given an option of two schools that are not in school improvement, are not identified as persistently dangerous and whose enrollment does not exceed the capacity established for that school. If there are no schools available whose enrollment does not exceed the capacity established for that school, then capacity shall not be considered as a factor in providing specific options to parents. Parents' preferences will be taken into account when making final choice decisions. The board will provide transportation for transfer requests made in accordance with this section to the extent required by law. If all children requesting transfer cannot be accommodated due to a shortage of funds, priority will be given to the lowest achieving children from low‑income families. The board will not provide transportation for the student after the end of the school year in which the student's original school is no longer identified for school improvement. In addition, if a student moves out of the attendance area served by the original school, the Board will no longer provide transportation for that student. Title I schools in the second year of Title I school improvement (or in corrective action or restructuring) must offer all enrolled students the option of either attending another public school in Cleveland County that has not been identified for improvement or receiving supplemental education services if they remain at their original school. Notification of the choice option will be provided in accordance with state and federal law. A written request for transfer under this section must be submitted within ten (10) business days after receiving notification of the transfer option from the school. Parents may communicate their choices by standard mail, email, or fax. The school system will notify parents of the final choice option. Parents will then have five (5) business days to accept the final choice option; if parents do not contact the school within five (5) business days, the student shall remain at his/her original school. Transfers will be allowed on an annual basis to students who are attending schools in school improvement. Students with Disabilities LEGAL REF: G.S. 115C‑366 to ‑369; G.S. 115C‑47(32a); G.S. 115C‑105.48; G.S. 115C‑105.27; G.S. 115C‑105.47; 20 U.S.C. ' 6316; 20 U.S.C. ' 7912; State Board of Education Policy SS‑A‑006 ALTERNATIVE SCHOOLS The Cleveland County Board of Education is committed to the goal of providing a safe, orderly and inviting learning environment at each school. The educational program and behavior management plans developed at each school, as well as numerous other strategies identified in board policies, are intended to create such an environment and help each student be a contributing and successful member of the school. Alternative school programs are available as an option when a student's behavior management or academic performance needs cannot be met in the regular educational setting. The purposes of an alternative school program include: (1) to intervene and address problems that prevent a student from successfully achieving in the regular educational setting; (2) to reduce the risk of the student dropping out of school by directing resources to helping the student resolve issues affecting performance at school; (3) to return the student to the regular educational setting as soon as practical with the skills necessary to succeed in that environment; (4) to preserve a safe, orderly and inviting learning environment in the regular educational setting; and (5) to provide educational options for short- and long-term suspended students. The superintendent or designee shall develop and publish clear procedures for entrance and exit from alternative school programs, including program content and goals, in accordance with state law and State Board of Education guidelines. LEGAL REF: G.S. 115C-36, -47(32a), -105.48 HOMEBOUND/HOSPITALIZED STUDENTS Students who are unable to attend school for health reasons will be provided with homebound services if there is a medical statement from a physician indicating that the student will be out of school for a minimum of three weeks. Students who are out of school for shorter periods of time due to health reasons may have their work sent home to them. School staff will work cooperatively with students to give them opportunities to make up their work. LEGAL REF: G.S. 115C-47 MAINTENANCE, REVIEW, AND RELEASE OF STUDENT RECORDS In compliance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g, and its implementing regulations, 34 C.F.R. Part 99, the Cleveland County Board of Education requires its staff and administrators to protect the confidentiality of student records as provided in this policy. All student records shall be up-to-date and maintained with appropriate measures of security and confidentiality. Definitions of terms Aparent@ and Aeligible student@ as used in this policy A. A parent includes a natural parent, a guardian, a guardian ad litem or an individual who is acting as a parent in the absence of a parent or guardian. When a student's parents are divorced, both parents have full rights under this policy unless a court order or legally binding document specifying otherwise is provided to school officials. A copy of any court order restricting a parent's access to a student's files shall be included with the student's cumulative record and shall be complied with by all school personnel. B. An eligible student is a student who is 18 years of age or older or a student who is attending a post-secondary educational institution. Definitions of records; types of records; location of records A. The principal is the custodian of student records maintained at the school, including a student's cumulative file and, if applicable, a confidential file. Each student's records are maintained and released in accordance with this policy by the principal of the school the student currently is attending or most recently attended. These records are located in the administrative office at each school. 1. The student's cumulative file may include, but is not limited to: a photograph of the student; a personal data sheet; achievement, scholastic, aptitude and other standardized test scores; literacy assessments; a transcript; a certified birth certificate; immunization records; emergency medical and other health data; and family background information. 2. The student's confidential file contains information regarding the referral, identification and service for special needs, disabled, and academically gifted children. These folders are kept at the school the child attends and are kept in a secure location as part of the student's official record. Copies of some special education records may also be kept at the Cleveland County Schools Central Office by the director of exceptional children. See the Special Education Records section below for further information. B. Official records must be maintained permanently and must include: the student's date of birth, attendance data, grading and promotion data, and notice of any expulsion or long-term suspension (a suspension for a period of more than 10 days) and the conduct for which the student was expelled or suspended. The superintendent or designee may expunge a notice of expulsion or long-term suspension from the student's record if all of the following criteria are met: (1) the student graduates from high school or is not suspended or expelled during a two-year period following the student's return to school after the suspension or expulsion; (2) the superintendent or designee determines that maintenance of the record is no longer required to maintain safe and orderly schools; and (3) the superintendent or designee determines that the maintenance of the record is no longer needed to adequately serve the student. The superintendent or designee shall expunge a notice of expulsion or long-term suspension from the student's record if all of the above criteria are met and a parent, eligible student, student who is married, or student who is at least 16 years old requests expungement. The parent/guardian or student requesting expungement shall submit a written request to the superintendent's office. C. Juvenile records include documentation or information regarding students who are under the jurisdiction of the juvenile court. These records may be received from local law enforcement and/or other local agencies authorized to share information concerning juveniles in accordance with G.S. 7B-3100. Such documents shall not be part of a student's official records, but shall be maintained by the principal in a safe, locked record storage that is separate from the student's other records. The principal shall not make a copy of such documents under any circumstances. Juvenile records shall be used only to protect the safety of or to improve the education opportunities for the student or others. The principal may share juvenile records with individuals who have direct guidance, teaching, or supervisory responsibility for the student and a specific need to know in order to protect the safety of the student and others. Those individuals who view the documents shall indicate in writing that they have read the document and that they agree to maintain its confidentiality. Juvenile documents shall be shredded, burned, or otherwise destroyed if the principal receives notification that a court no longer has jurisdiction over the student (i.e., that a judge has dismissed the petition or that the judge has transferred the matter to superior court) or if the court grants a student's petition for expunction of the records. All other information received from an examination of juvenile records shall be destroyed when the principal finds that the information is no longer needed to protect the safety of or to improve the education opportunities for the student or others. If the student graduates, withdraws from school, transfers to another school, is suspended for the remainder of the school year, or is expelled, the principal shall return all documents not destroyed to the juvenile court counselor. If the student is transferring, the principal shall provide the juvenile court counselor with the name and address of the school to which the student is transferring. Failure to maintain the confidentiality of these documents as required by this policy and state law is grounds for dismissal for any employee. D. Upon notification by a law enforcement agency or the North Carolina Center for Missing Persons of a child's disappearance, the school shall flag the record of any child who is currently or who was previously enrolled in a school and who is reported as missing. If the missing child's record is requested by another school system, the principal shall notify the Superintendent and the agency that notified the school that the child was missing of the request and provide the agency with a copy of any written request for information concerning the missing child's record. E. Upon transfer of a child into the Cleveland County Schools from any other school system, the principal shall, within thirty (30) days of the child's enrollment, obtain the child's record from the school in which the child previously was enrolled. If a copy of the child's record from the previous school is provided by the parent, the principal shall, within thirty (30) days of the child's enrollment, request written verification of the school record from the previous school. Any information received indicating that the transferring child is a missing child shall be reported promptly to the Superintendent and the North Carolina Center for Missing Persons. Who May Inspect and Review Student Records
Once a student becomes an eligible student, the rights of the parent under this policy terminate and all such rights transfer to the student with one exception: the parents of an eligible student, who is classified as a dependent of the parent for income tax purposes, may review their child's records without his/her child's consent. Right to Inspect and Review Student Records Copies of Student Records A fee shall be charged to a parent or eligible student for copies of a student's record, unless the effect of charging the fee is to effectively prevent a parent or eligible student from exercising the right to inspect and review the student's educational records. A schedule of copying fees shall be contained in the administrative regulation and procedure adopted pursuant to this policy. Transcripts, however, will be provided at no cost to students currently enrolled in the school system. Release of Student Records When personally identifiable information from a student's records is released without prior written consent of the parent or eligible student, the party to whom the information is released shall agree not to disclose the information to any other party without the prior consent of the parent or eligible student. This restriction does not apply to the release of directory information (L below) or information released in accordance with a court order or subpoena (D below). Information may be released to the following persons or in the following circumstances without prior written consent: A. Officials within the school system who have a legitimate educational need to review the student's records. A school official is a person employed by the school system as an administrator, supervisor, instructor, or support staff member (including health or medical staff, school security, and school resource officers); a school board member; or a person, company, or public agency with whom the school system has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist). A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. C. Federal government representatives and state and local educational authorities, for the purposes of auditing, evaluating, enforcing or complying with federal or state-supported educational programs. D. Persons acting under a court order or lawfully-issued subpoena. Before releasing records under this provision, the principal should attempt to verify that the subpoena is lawful. The principal or his or her designee must make a reasonable effort to notify the parent or eligible student of the request for release prior to release of the records under this exception. E. In court proceedings, without a court order or subpoena, the education records of the student that are relevant to the legal action, if a parent or eligible student initiates legal action against the school or if the school initiates legal action against a parent or eligible student. F. Financial aid organizations, if the release is in connection with a student's application for or receipt of financial aid. G. Accrediting organizations, to the extent necessary to allow them to carry out their accrediting functions. H. Organizations conducting educational studies, provided the purpose of the study is to develop, validate or administer predictive tests, to administer student aid programs, or to improve instruction. The study must be conducted in such a way that there is no personal identification of parents and students to individuals outside the organization conducting the study. In addition, student record information must be destroyed when no longer needed for purposes of the study. I. To appropriate persons in connection with an emergency, if the release of the information is necessary to protect the health or safety of the student or other persons; J. Representatives of the juvenile justice system for students under juvenile court jurisdiction, prior to adjudication, when the release of records concerns the justice system's ability to effectively serve the student whose records are released. K. Parents of an eligible student, if the student classified as a dependent of the parent for income tax purposes. L. Directory information, including a student's name and age, names of the student's parent(s) or guardian(s), the school the student is attending or most recently attended, dates of attendance, date of graduation, awards and degrees received, participation in officially recognized activities and sports, and the weight and height of members of athletic teams. Annually, parents and eligible students will be given an opportunity to object to release of directory information. If an objection is made, then no directory information about that student will be released. M. Pursuant to federal law, names, addresses and telephone listings of secondary school students shall be released to military recruiters and institutions of higher education upon request. Parents or eligible students may request that this information not be released without prior written consent by the parent or eligible student. Annually, parents and eligible students will be notified of the opportunity to make such a request. If a request is made, then the school system shall comply with the request and shall not release the name, address and telephone listing of the student without prior written consent. Record of Requests and Disclosures of Student Records A. The parties who have requested or received information; and B. The legitimate reason(s) for requesting or obtaining the information. A record of requests for access from and disclosures to the following individuals is not required: A. Parents and eligible students. B. Cleveland County School officials who have a legitimate educational purpose as set forth in this policy. C. Parties seeking directory information. Process for Amending Student Records A. The parent or eligible student shall make a request for amendment in writing to the superintendent or designee. The request shall identify the information in the student's record that is claimed to be inaccurate, misleading, or in violation of the student's privacy rights; the basis for the request; and the proposed change to the record. This request shall become a part of the student's official record. B. The superintendent or designee shall examine all written requests for amendment to student record items. He/she shall decide whether a challenged document should be removed, altered, or remain as it is. The superintendent or designee shall provide a written decision, to the parent or student within fifteen (15) school days after the parent/student request is received. If the superintendent or designee determines that the record is inaccurate, misleading, or in violation of the student's privacy rights, he or she shall amend the record accordingly and inform the challenger of the amendment in writing. If the superintendent or designee determines that the record is not inaccurate, misleading, or in violation of the student's privacy rights, he or she shall inform the parent or student, in writing, of the right to appeal the superintendent/designee's decision through the procedure set forth below and the right to place a statement in the student's record commenting on the contested information and/or stating his disagreement with the decision not to remove or amend the challenged item. If such a statement is submitted, it shall be maintained with the challenged item in the student's record and released with the challenged item whenever it is released. C. The parent or student may appeal the superintendent/designee's decision in writing to the Board. The appeal must be made within five (5) school days following receipt of the superintendent/designee's written response in Step I. The hearing shall be held within ten (10) school days following the written appeal or as soon as possible thereafter. Both the parent/student and the school may be represented by an attorney. Both sides shall have an opportunity to present evidence relevant to the issue of whether the contested information is inaccurate, misleading, or in violation of the student's right to privacy. The Board shall issue a written decision summarizing the evidence and providing the reason(s) for its decision. If the Board determines that the record is inaccurate, misleading, or in violation of the student's privacy rights, the school shall amend the record accordingly and inform the challenger of the amendment in writing. If the Board determines that the record is not inaccurate, misleading, or in violation of the student's privacy rights, the school shall inform the parent or student, in writing, of the right to place a statement in the student's record commenting on the contested information and/or stating disagreement with the decision not to remove or amend the challenged item. If such a statement is submitted, it shall be maintained with the challenged item in the student's record and released with the challenged item whenever it is released. Availability of Policy to Parents Special Education Records LEGAL REF: Family Education Rights and Privacy Act of 1974, 20 U.S.C. ' 1232g; 34 C.F.R. Part 99; 10 U.S.C. ' 503; 20 U.S.C. ' 7908; G.S. 115C-47 (26), -174.13, -114, -402, -403 MAINTENANCE, REVIEW, AND RELEASE OF STUDENT RECORDS - REGULATIONS Questions about student records should be addressed to the school principal. Parents' Access to Student Records A. Unless a court order or other legally binding document specifies otherwise or terminates or suspends all parental rights, both custodial parents and non-custodial parents have a right to review and give consent for release of the child's school record. B. School personnel generally conduct conferences with a child's custodial parent. However, both parents, custodial and non-custodial, have a right to attend a conference concerning the educational adjustment and progress of their child. C. Although the Cleveland County Schools require that only report cards, interim reports, and other grade reporting information be sent to the parent with whom the child resides, upon request, a principal shall, in addition, provide grade reporting information to the other parent. The school may request that the parent provide self-addressed stamped envelopes for the requested information. Transcripts Release of Directory and Non-Directory Information If the school wishes to release non-directory information about a student, such as the student's address or telephone number, separate written consent must be obtained from the parent or eligible student, except as otherwise permitted by state and federal law and board policy. The consent must specify the groups or individuals to whom information can be released (i.e., PTA, booster club, students or parents of students enrolled at the school). Information cannot be released to a group or individual not specified in the written consent. Student Record Maintenance Detailed information about student records maintenance is found in Student Attendance and Student Accounting, published periodically by Student Information Management, Division of School Business Services, North Carolina Department of Public Instruction. Missing Children A. Inform the principal and the school counselor of such notification. B. Write the following on the front of the cumulative folder: ANotify by (name of person) of (name of agency and phone number) that (name of child) is a >missing child.' ____________________(signed) ____________________(date)@ C. In the event that the missing child's record is requested or any inquiry made about the missing child's record by any school, individual, or agency, the principal shall notify the agency that notified the school of the child's disappearance. COLLECTION, DISCLOSURE AND USE OF STUDENT INFORMATION No school employee or other school official, agent or contractor of the school system may collect or disclose or use personal information collected from students. Non-school groups or individuals may not collect or disclose or use personal information collected from students. Personal information means individually identifiable information including a student’s or parent’s first and last name; a home or other physical address; a telephone number; or a Social Security number. The superintendent or designee will develop regulations and procedures to protect student privacy in the event of collection, disclosure or use of personal information of students. Educational Products and Services This policy does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following: • college or other postsecondary education recruitment, or military recruitment. • book clubs, magazines, and programs providing access to low-cost literary products. • curriculum and instructional materials used by elementary and secondary schools. • tests and assessments used by elementary and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments. • the sale by students of products and services to raise funds for school- or education-related activities. • student recognition programs. Notification of Rights Notification regarding the rights of parents and guardians under this policy shall be placed in the student/parent handbook and distributed at the beginning of each school year. Notice will be provided to parents and guardians, within a reasonable period of time, regarding any revision made to this policy during the school year. The rights provided to parents and guardians under this policy transfer to the student when the student turns 18 years old or is an emancipated minor at any age. Prohibition on Sale of Student Information by Contractors It is unlawful for a person who enters into a contract with the Board of Education or its agents or designees to sell any personally identifiable information that is obtained from a student as a result of the person’s performance under the contract, unless the contractor obtains the prior written authorization and original signature of the student’s parent or guardian. The authorization and signature shall not be solicited through the school’s personnel or equipment or on school grounds. For the purpose of this paragraph only, personally identifiable information includes, in addition to the definition above, the student’s birthdate, individual purchasing behavior or preferences, or any other information or identification number that would provide information about a specific student The superintendent may establish and enforce additional reasonable rules and regulations to implement this policy. LEGAL REF: 20 U.S.C. § 1232h; G.S. 115C-401.1 ADOPTED: February 13, 2006 MANAGEMENT OF STUDENT BEHAVIOR Each school will develop procedures for managing student behavior consistent with board policy. Schools are encouraged to seek effective, positive, innovative and constructive methods of correcting and managing student behavior in an effort to avoid suspension. Principals should ensure that all school personnel have a clear understanding of: 1. the process by which student behavior will be addressed, including any use of a disciplinary committee 2. positive behavioral interventions and possible consequences; and 3. parental involvement strategies. Possible Consequences Consequences for violating board policies or local school or classroom rules may include, but are not limited to, the following: • parent conference or other parental involvement • time-out for short periods of time • behavior improvement agreements • confiscation of disruptive or dangerous items • individual or small group sessions with the school counselor • in-school suspension • community short-term opportunity program • detention before and/or after school or on Saturday • community service • exclusion from extracurricular activities • suspension from bus privileges • placement in an alternative classroom or alternative educational program • suspension of driving/parking privileges • out-of-school suspension or expulsion School procedures should identify when parents will be notified or involved in issues related to their child’s behavior, consistent with board policy. The student’s parent(s) or guardian will be responsible for transportation as needed to carry out the consequences. The use of corporal punishment shall be considered only after other approaches have been tried. The use of corporal punishment shall, at all times, comply with the procedures established in the Corporal Punishment policy. Legal Ref: G.S. 115C-36, -47, -288, -391 Adopted: July 12, 2004 STUDENT DISCIPLINE All decisions related to student behavior are guided by the Cleveland County Board of Education’s commitment to create safe, orderly and inviting schools. Policies are provided in order to establish expected standards of student behavior, consequences for misconduct, and required procedures for addressing student discipline. Principals The principal is responsible for informing students and parents of any standards or rules which, if violated, could result in short-term or long-term suspension or expulsion. The principal has the authority to determine and implement rules for the school consistent with the Code of Student Conduct and other board policies. | ||||||