CUBA CITY SCHOOL DISTRICT SCHOOL POLICIES TABLE OF CONTENTS BOARD OPERATIONS
100
General Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership and Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties of the Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers and Duties of the Board of Education . . . . . . . . . . . . . . . . . . . . Operation of the Board of Education . . . . . . . . . . . . . . . . . . . . . . . . . Adoption, Amendment and/or Repeal of Policies . . . . . . . . . . . . . . . . . . . Annual Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ADMINISTRATION
101 102 103 104 105 106 107 200
Organization of the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency Chain of Command . . . . . . . . . . . . . . . . . . . . . . . . . . . . Safety Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Harassment of Employees and Students . . . . . . . . . . . . . . . . . . . . . . . Harassment Complaint Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . District Record Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employee Child Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superintendent Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INSTRUCTION
The Instructional Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Curriculum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Graduation Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Early Graduation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Student Privacy Protection Procedures . . . . . . . . . . . . . . . . . . . . . . . . . Parents Rights in Relations to District Programs/Activities and Student Privacy . . . Notification of Child’s Participation in U.S. Department of Education-Funded Survey Revealing Private Information . . . . . . . . . . . . . . . . . . . . . . Student Wellness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Education Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistive Technology for Students with Special Needs . . . . . . . . . . . . . . . . Obtaining an Independent Educational Evaluation (IEE) at Public Expense . . . . . Procedures for Testing and Assisting English Language Learners . . . . . . . . . . . Services for English Language Learners . . . . . . . . . . . . . . . . . . . . . . . . Home Language Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Course Options Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Youth Options Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grading Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Promotion, Retention and Acceleration . . . . . . . . . . . . . . . . . . . . . . . . Diplomas for Veterans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessment Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Instruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Library Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
201 202 203 204 206 207 207.1 207.1 A 208 210 225 300
301 303 305 306 333 333.1 333.1 A 341.3 342 342.1 342.11 342.7 342.71 342.71 A 343.4 343.42 345.1 345.4 345.6 346 360 360 A-1
School Library Bill of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statement on Intellectual Freedom . . . . . . . . . . . . . . . . . . . . . . . . . . Request for Reconsideration of Learning Resources . . . . . . . . . . . . . . . . . Interlibrary Loan of Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Copyright Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Computer Network/Internet Safety and Acceptable Use . . . . . . . . . . . . . . . Extracurricular Activities (including Athletics) . . . . . . . . . . . . . . . . . . . . . STUDENTS
360 A-2 360 A-3 360 A-4 361.5 361.6 363.2 370 400
Non-discrimination Pupil Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . Pupil Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Facilities and Equal Educational Opportunities . . . . . . . . . . . . . . . . . . . . . Nondiscrimination Guidelines Related to Students Nonconforming to Gender Role Stereotypes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Admission to Kindergarten and First Grade (Entrance Age) . . . . . . . . . . . . . Admission of Non-Resident Students (other than open enrollment) . . . . . . . . . . Foreign Exchange Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public School Open Enrollment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Participation of Non-Public School Students in District Courses and Activities . . . . Attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alcohol & Other Drug Use by Students . . . . . . . . . . . . . . . . . . . . . . . . . Weapons on School Premises – Student . . . . . . . . . . . . . . . . . . . . . . . . Bullying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gangs and Gang-Related Behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedures for Conducting Student-Law Enforcement Interviews on School Premises . . . Search and Seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Locker Searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pupil Behavior and Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pre-Expulsion Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of Seclusion and Physical Restraint . . . . . . . . . . . . . . . . . . . . . . . . . Staff Use of Physical Force/Restraint and Seclusion . . . . . . . . . . . . . . . . . . Students of Legal Age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Medication Consent Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Physician’s Order for Medication Administration . . . . . . . . . . . . . . . . . . . . Managing Students with Life Threatening Allergies . . . . . . . . . . . . . . . . . . . Emergency Plan for Students with Severe Allergic Reactions . . . . . . . . . . . . . . Pupil Welfare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Student Awards and Scholarships . . . . . . . . . . . . . . . . . . . . . . . . . . . . Academic Excellence Scholarship . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wisconsin Technical Excellence Scholarship (TES) . . . . . . . . . . . . . . . . . . . Food Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fund Raising by School Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . Contests and Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Students of Divorced/Separated Parents . . . . . . . . . . . . . . . . . . . . . . . . .
401 409 410 411 421 422 422.1 423 424 430 443.4 443.6 443.71 443.8 445 446 446.1 447 447.1 447.11 447.12 448 450 450 A-1 450 A-2 453.5 453.5 A 455.1 460 461 462 470 471 472 491
PERSONNEL
500
Certified Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance; Health and Accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Substitute Teachers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Student Teachers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supervision and Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sexual Harassment of Employees-Title IX . . . . . . . . . . . . . . . . . . . . . . . . Drug-Free Workplace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employee Assistance Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff Complaints and Grievances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lesson Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employment of Non-Instructional Personnel . . . . . . . . . . . . . . . . . . . . . . . FISCAL MANAGEMENT
600
The Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounting and Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investment Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disposal of School Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purchasing and Requisitioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internal Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payroll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorized Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Student Activity Fund Management . . . . . . . . . . . . . . . . . . . . . . . . . . Fund Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expense Reimbursements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUPPORT SERVICES
601 602 602.2 602.2 A 602.3 603 604 605 606 662 662.1 662.3 671.2 700
Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Locker Room Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of Security Cameras and Electronic Monitoring Equipment . . . . . . . . . . . . Energy Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pupil Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bus Contractors and Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vehicle Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHOOL-COMMUNITY RELATIONS
501 501.1 502 503 504 506 512 522.1 523.3 527 535 540
730 731 731.1 731.3 733 750 751 760
800
Citizen Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . School Activities on Sunday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Work for Community Groups or Organizations . . . . . . . . . . . . . . . . . . . . Information Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . School Personnel and Public Relations . . . . . . . . . . . . . . . . . . . . . . . . . Use of School Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Usage Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lending of School Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct on School Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Weapons on School Premises – Public . . . . . . . . . . . . . . . . . . . . . . . . . Gifts to the Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Naming School District Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . .
811 812 813 820 821 830 830 A 830.1 833 834 840 841
Application to Name School District Facilities . . . . . . . . . . . . . . . . . . . . Memorials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Selling and Advertising in the Schools . . . . . . . . . . . . . . . . . . . . . . . . . . Notices, Questionnaires and Surveys . . . . . . . . . . . . . . . . . . . . . . . . . . Visitors in the Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedures for the Investigation of Complaints Against School Personnel . . . . . . Media Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Social Media Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
841 A 842 850 853 860 870 871 880 881
SCHOOL DISTRICT OF CUBA CITY
Policy 101 Page 1 of 1
General Organization This school district is a common school district organized on an EC-12 basis as set forth in Wisconsin Statutes. (Chapter 120). This school district is officially designated as the School District of Cuba City. For identification other than legal, the district is known as the Cuba City Community Public Schools. ADOPTED: 5/18/04 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 102 Page 1 of 1
Membership and Election The board of education of the School District of Cuba City is composed of seven members elected to threeyear terms of office. Any elector of the district may be a candidate for board of education membership if they are 18 or more years of age, a citizen of the United States, a resident of the state for at least six months and a resident of the school district for at least 10 days preceding the election. Each board member of the School District of Cuba City is elected by ballot at the regular spring election. Eligible candidates must file nomination papers with the district clerk as defined in 120.06(2) Wisconsin Statutes. In the event that a vacancy occurs on the board of education, the board may appoint a citizen of the district to hold the office until a successor can be elected at the next regular election. The officers of the board shall consist of a president, vice president, clerk and treasurer, elected for one year at the first regular board meeting following the fourth Monday in April. ADOPTED: 5/18/04 AMENDED: 12/16/08 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 103 Page 1 of 2
Duties of the Officers The President will act as chairperson of board of education meetings and see that the minutes of the meetings are properly recorded, approved and signed. The chairperson will countersign all checks for disbursement of school district moneys. The chairperson will defend, on behalf of the school district, all actions brought against the school district, and perform all other duties incident to their office as prescribed by law. Wisconsin Statutes 120.15. The Vice-President shall chair board meetings and otherwise fulfill the duties of the President in case of absence on the part of the President. The school district clerk or designee of a common school district shall: 1. Report the name and post office address of each officer of the school district, within 10 days after the election or appointment of the officer, to the clerk and treasurer of each municipality having territory within the school district. 2.
Act as clerk and record the proceedings of annual and special meetings.
3. Enter in the record book provided by the board of education the minutes of its meetings, orders, resolutions and other proceedings. 4. Enter in the record book copies of all their reports to the municipal clerks and the certificate of the proceedings of a meeting returned by a temporary clerk. 5. Draw orders on the school district treasurer as directed by an annual or special meeting or the board of education and record all orders drawn on the school district treasurer. 6.
Furnish each teacher with a copy of the contract between them and the board of education.
7. (a) Annually on or before the last working day in October, deliver to the clerk of each municipality having territory within the school district a certified statement showing that proportion of the amount of taxes voted and not before reported, and that proportion of the amount of tax to be collected in such year, if any, for the annual payment of any loan to be assessed on that part of the school district territory lying within the municipality. Such proportion shall be determined from the full values certified to the school district clerk under s.121.06 (2), Wisconsin Statutes. (b) When the equalized valuation of that part of a municipality lying within the school district is reduced in any one year to an amount below its equalized valuation of the previous year because of the destruction or removal of taxable property which results in an excessively inequitable apportionment of the school district tax levy on the remaining taxable property of the municipality, the school district clerk shall notify the supervisor of assessments. If the supervisor of assessments finds that an inequitable apportionment will result, the clerk shall reduce the equalized valuation of the previous year by the full value of the property so destroyed or removed and certify the resulting equalized valuation to the state superintendent and the school district clerk for use in computing the tax levy certifications under this subsection. (c) If the equalized valuation of that part of a municipality lying within the school district is reduced due to the removal of property from the tax roll because the imposition of the property tax on that property is found unconstitutional, the school district clerk shall notify the supervisor of assessments. The supervisor of assessments shall reduce the equalized valuation by the full value of the property so removed and certify the resulting equalized valuation to the state superintendent and the school district clerk for use in computing the tax levy certifications under this subsection. Corrections may be made under this paragraph only for the valuations used by the department of public instruction for the last two school years. (d) If an order of school district reorganization or an ordinance of annexation is effective after May 1 and before October 1 of any year, the school district clerks of the school districts affected shall prepare the certified statement under par. (1) based on the equalized valuation of the school districts as altered by the
SCHOOL DISTRICT OF CUBA CITY
Policy 103 Page 2 of 2
Duties of the Officers order and related to the equalized valuation of the year upon which the tax levy is required to be made. If the school district clerk has filed such statement prior to the effective date of the order, the clerk shall file a corrected certification which shall be accepted by the clerks of the municipalities affected and acted upon by them as provided in par. (a). Failure of the school district clerk to file a corrected certification of the levy based on the equalized valuation of each of the municipalities or portions thereof within the school district shall be corrected by the school district clerk by an appropriate adjustment in the levy certified in the following year. 8. Within five days after receipt of notification from the board of education of the name of a new school, notify the proper postmaster of the name and location of the school and the number of the school district. If a school is not located on a mail route, the school district clerk shall furnish the postmaster with the names of persons to whom the mail for the school may be delivered. The board of education may rent a lock box at school district expense for each school not on a mail route. The school district clerk shall notify the postmaster of school vacations and shall direct what disposition shall be made of the school mail during vacations. 9. Have authority to administer the oath of office to board of education members The school district treasurer of a common school district shall: 1. Within 15 days after their election execute and either file a bond executed by two qualified sureties approved by the board of education or file a surety company bond in an amount determined by the board of education, but at least equal to 5% of the annual school district budget. In no case may the bond be less than $1,000. If the board of education so determines, the school district treasurer within 15 days thereafter shall file additional personal surety bonds in such greater amounts, as the board of education requires. The school district treasurer may purchase surety company bonds with school district funds. 2. Apply for, receive and sue for all money appropriated to or collected for the school district and disburse the same in accordance with this subsection and s. 66.042, Wisconsin Statutes. Disbursements from the school district treasury shall be made by the school district treasurer upon the written order of the school district clerk or the assigned alternate after proper vouchers have been filed with the school district clerk. Such disbursements shall be by check and no check is valid nor may it be released to the payee unless signed by the school district clerk and school district treasurer and countersigned by the school district president. In a school district having five or more board of education members, another board of education member may countersign such checks in lieu of the school district president. No check may be drawn for the payment of which money has not been appropriated according to law. The school district treasurer may receive money raised in extracurricular activities. The board of education may by resolution authorize the use of facsimile signatures as provided in s. 66.042(3), Wisconsin Statutes. A certified copy of such resolution shall be filed with the school district clerk and the public depository concerned. 3. Enter in account books all money received and disbursed, specifying the source from which it was received, the person to whom it was paid and the object for which it was paid. 4. Present to the annual meeting a written statement of all money received and disbursed by the district during the preceding year. 5. Immediately upon receipt, deposit the funds of the school district in the name of the school district in the public depository designated by the board of education. Failure to comply with this subsection shall be prima facie grounds for removal from office. When such funds are so deposited, the school district treasurer and their bondsperson are not liable for losses as defined in s. 34.01(6), Wisconsin Statutes. The interest derived from such funds shall be paid into the school district treasury. 6. Annually on or before June 30 make payments out of general property taxes collected for the district to the state treasurer to make settlement for any amounts certified by the state superintendent under s. 121.08(3), Wisconsin Statutes.
ADOPTED: 5/18/04 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY Powers and Duties of the Board of Education Board of Education duties (See State Statute 120.12) Management of School District General Supervision Tax for Operation and Maintenance Tax for Debt Retirement Repair of School Buildings Insurance on School Buildings and Grounds Depository Inventory Discussion of Public Questions Citizen Associates Indigent Children Sanitary Facilities Mail Box Course of Study School Hours Immunization of Children Board of Education Powers (See State Statute 120.13) School Government Rules; Suspension; Expulsion Accident Insurance Agreements with Governmental Units Tuition Payments Books, Material and Equipment Federal Aid Exchange Teachers and Administrators Funds for Rewards Architects and Engineers Legal Services Food Services Nurses and Dentists Historical Records Pre-Kindergarten Day Care Programs Special High School Courses Board of Education Organization; Fee Temporary Use of School Property Property of Ecological, Agricultural or Vocational Instruction Community Programs and Services Options to Purchase Real Property Lectures Cable Television and Data Processing Services Bonds for Officers and Employees Contracts with other Governmental Units Lease School Property Contracts with Private Education Services Contracts with Country Handicapped Children Education Boards Transportation of Children Who Are Not Pupils
Policy 104 Page 1 of 3
SCHOOL DISTRICT OF CUBA CITY
Policy 104 Page 2 of 3
Powers and Duties of the Board of Education
Transportation of Indigent Pupils Records Custodian Borrowing Vocational Education Instructor Occupational Competency Program
All district business is transacted at a legally constituted meeting of the board of education. No member has the power to act in the name of the board outside of a legal board meeting. Payment Procedures All bills and requests for payment must be processed through the district office. Bills and requests must be received in the district office with sufficient time prior to the monthly Board meeting in order to be processed that month. The superintendent shall submit a list of bills to the Board monthly. The Board shall survey all bills and make final approval for payment. Unless otherwise provided, no bills shall be approved for payment by the board unless there is verification that the items have been received or work has been done. Because it is difficult to assemble the entire Board for approving salary and general checks, and because these amounts are determined by the Board of approval of salary contracts and general charges, the superintendent of the School District of Cuba City shall be authorized to issue salary and general checks such as payroll accruals, postage, officials, assemblies, dues and fees, maintenance supplies, reservations and registrations, etc., as they come due throughout the school year without prior approval of the entire Board. It is understood that such checks shall be issued in accordance with provisions of the current employee agreements and the adopted school budget, and shall be subject to review by the entire Board at its next regular meeting. LEGAL REF.: Section 120.12(1) Wisconsin Statutes CROSS REF.: Authorized Signatures, Expense Reimbursements Electronic Mail The School District of Cuba City recognizes that members of the board of education and administration may have the technology at home to enable them to communicate with each other and other members of the educational community. The board of education members and administrator shall be aware of Wisconsin Act 353 and any subsequent technology statutes relating to the use of electronic mail and other computerized systems. For example, an individual is subject to penalties under the law and may be subject to internal discipline as well, if they send a message to a person on an E-mail or other computerized communication system: *that threatens to inflict injury or physical harm to any person or the property of any person. *that uses any obscene, lewd, or profane language or suggests any lewd or lascivious act. *that intends to harass, annoy, or offend another person with the reasonable expectation that the person will receive the message. *knowingly permits or directs another person to send a message prohibited by law.
SCHOOL DISTRICT OF CUBA CITY
Policy 104 Page 3 of 3
Powers and Duties of the Board of Education In addition, board members and administrators should keep in mind state and federal laws on the following: 1. Maintenance and confidentiality of school district records and related school district policies when accessing and using electronic mail. Unless special safeguards are put in place, such persons should refrain from discussing or communicating any confidential information by means of E-mail. E-mail messages may create records that are unprotected from public disclosure laws. 2. Be aware that E-mail transmissions or other computer-generated messages by board members, which involve official business, may be subject to provisions of the public records law. 3. Be aware that E-mail transmissions among board members may constitute a “gathering of members of a public body to conduct governmental business” and thus may be subject to provisions of the Open Meetings Law. LEGAL REF.: State Statues 947.0125 Wisconsin Open Meeting Act Wisconsin Act 353 Freedom of Information Act ADOPTED: 6/8/99 AMENDED: 5/18/04 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 105 Page 1 of 2
Operation of the Board of Education The regular meetings of the Cuba City Board of Education shall be held the third Wednesday of each month. The meeting begins at 7:00 p.m. in the Cuba City School District (may change if proper notice is given). A quorum for the transaction of business shall consist of a majority of the board. At the hour of the meeting or as soon as a quorum is reached, the president shall call the meeting to order. The order of business for the meeting shall be: I. II. III. IV. V. VI. VII. VIII. IX. X.
Call the meeting to order and roll call. Proof of public notice. Consideration of consent agenda. Good news of the District. Public recognition. Superintendent’s report. Student Representatives Old business. New business. Committee reports. Adjournment.
Newspaper The board of education has designated the Tri-County Press and the Round-Up, published in Cuba City as the official newspapers. Publish Minutes The proceedings of a board of education meeting shall be published within 45 days after the meeting as a class 1 notice under ch. 985, Wisconsin Statutes, in the official newspaper. (The Tri-County Press) Notice of Meetings Notice shall be given for each regular meeting, adjourned regular meeting, special meeting and adjourned special meeting which will be held as an open meeting. Each notice shall contain time, place and subject matter of the meeting. Public notice of all open meetings shall be given by posting a copy on a public place in the high school; a copy of the notice will be delivered to local radio station, WGLR; a copy of the notice will be delivered to the official school district newspaper, (The Tri-County Press) at the same time as posting. Salary Each board member will be paid a salary as determined at the annual meeting. Each board member is to be paid at the I.R.S. allowable rate per mile for travel outside of the school district in performance of their duties as a board member, plus the actual necessary expenses incurred. In addition to the sums paid for attending meetings, the school district clerk shall be paid a sum set at the annual meeting. When a board member is acting as an official representative of the board, such as CESA #3, Southwest Technical College or meetings of Wisconsin School Board Association or other school related events, they shall be paid as a committee member for each day/meeting.
SCHOOL DISTRICT OF CUBA CITY
Policy 105 Page 2 of 2
Operation of the Board of Education Ethics As representatives of all the citizens of the School District of Cuba City, board of education members are responsible for serving the best interests of the community and its students. The oath of office requires board of education members to uphold the laws and Constitutions of the United States and the State of Wisconsin. Board of education members shall adhere to any ethical standards required by law including, but not limited to, laws prohibiting conflicts of interest, laws prohibiting the dissemination of privileged or confidential information, laws governing the holding of open meetings and the circumstances under which action may be taken by the board and laws governing elections and campaign finance. LEGAL REF.: Sections 19.42, 19.59, 946.10, 946.12, 946.13 Wisconsin Statutes ADOPTED: 9/14/99 AMENDED: 9/20/05, 10/20/09, 11/20/13 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 106 Page 1 of 1
Adoption, Amendment and/or Repeal of Policies Policies may be adopted, amended or repealed at any regular or special board of education meeting provided the policy is submitted five (5) days in advance to each board member on a written agenda for that meeting. Adopting, amending or repealing will be by a simple majority vote. ADOPTED: 5/18/04 AMENDED: 6/21/11 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 107 Page 1 of 1
Annual Meeting An annual meeting date, hour and place shall be set annually by the board of education. The school district clerk shall publish a class 2 notice, under ch. 985 of the time and place of the annual meeting, the last insertion to be not more than eight days nor less than one day before the annual meeting. The school district clerk shall give like notice for any adjourned meeting, if the adjournment is for more than 30 days. No annual meeting shall be deemed illegal for want of notice. Education is a function of the state that has been delegated to local government. An annual meeting must be held to perform those duties prescribed by statute. The School District of Cuba City will follow the power set down in statute (120.10). ADOPTED: 5/18/04 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 201 Page 1 of 2
Organization of the District The Cuba City Educational System is organized into an Elementary School in Cuba City and a High School in Cuba City. The District shall take affirmative action to achieve equal employment opportunity in all personnel matters and procedures, including, but not limited to: recruitment, hiring, training, transfers, promotions, compensation and other benefits. To accomplish this task, the District shall not discriminate against applicant or employee on the basis of age, race, sex, or sexual orientation, marital status, handicap, national origin, creed, arrest or conviction record, religion, political affiliation, ancestry, color, citizenship, disability, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or Wisconsin or any other reason prohibited by state or federal law. Further, reasonable efforts shall be made to: 1. Recruit from all segments of the population including underutilized handicapped person, minorities and women; and 2. Initiate programs that increase, on the part of all personnel, sensitivity to the interests and needs of those who have historically been discriminated against. Application forms, hiring practices and personnel administration shall be periodically evaluated relative to equal opportunity employment. LEGAL REF.: Title IX, Education Amendments of 1972 Title VI and VII Section 504, Rehabilitation Act of 1973 Americans with Disabilities Act of 1990 Immigration Reform and Control Act Civil Rights Act of 1991 Sections 111.31 – 111.395 Wisconsin Statutes 118.195, 118.2 CROSS REF.: Procedure 511, Equal Opportunity Employment Procedure 112, Complaint Procedures (Non-discrimination) Recruitment and Appointment of Superintendent Recruitment and Appointment of Administrative Staff Professional Teaching Staff Employment Support Staff Employment ADOPTED: 5/18/04 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 201 Page 2 of 2
Organization of the District Organizational Chart The accompanying chart is for the School District of Cuba City. CUBA CITY COMMUNITY PUBLIC SCHOOLS ORGANIZATIONAL CHART District Electorate Board of Education
Superintendent
School Psychologist/ Spec Ed Designee
Elementary Principal
CESA Contracted Services
Teachers & Building Level Support Staff
Contracted Transportation Supervisor
Buildings & Grounds Supervisor
Transportation Services
Custodial Staff
*A.D.
Elementary Extra-Curricular
Students
*For Sports Only
High School Principal
District Office Support Staff
*A.D.
Teachers & Building Level Support Staff
High School ExtraCurricular
Students
SCHOOL DISTRICT OF CUBA CITY
Policy 202 Page 1 of 3
Administrative Personnel SUPERINTENDENT The superintendent is the executive officer of the board of education and responsible to the board for the management and supervision of the schools as specified in board policies and regulations. The superintendent shall possess at least a master’s degree with specialization in administration of public schools. The Superintendent shall meet or exceed all of the requirements for certification by the Department of Public Instruction of the State of Wisconsin. The superintendent is hired by the board of education for a term not to exceed two years. A majority vote of the membership is necessary. Nothing in this policy shall preclude this issuance of a new contract prior to every three years. The salary and fringe benefits of the contract are determined at the issuance of the contract and may be reviewed each year. The responsibilities of the superintendent shall include, but not be necessarily limited to, the following areas: 1. Administration of the school system in all of its aspects shall be delegated to the superintendent who, with staff, shall carry out administrative functions. 2. Instructional leadership, including curriculum development, pupil services, and the improvement of instruction. 3. Business and financial activities, including preparation and administration of the budget. 4. Operation and maintenance of the buildings and equipment of the schools, the maintenance of grounds, and all of the aspects of business management. 5. Attend all board meetings at all times except when excused by the board of education. 6. Evaluation and reporting on the programs, status, and needs of the schools. The superintendent is delegated the power and authority to: 1. Administer the schools in compliance with the policies, rules and regulations enumerated in the manual, the rules and regulations of the Department of Public Instruction, and Wisconsin Statutes. 2. Act as agent of the board in all matters, including the submission and signing of various state and federal reports except where the law or board policy indicates that board action and/or board signatures are required. 3. Prepare the agenda for each meeting, be an ex-official member of all board committees, and have the right to speak on all matters before the board. 4. Prepare the annual school calendar per the Teachers’ Negotiation Agreement for the board’s consideration, evaluation and approval. 5. Appoint qualified persons, subject to board ratification, to fill positions vacant by virtue of staff losses or additions. If the board declines to approve a recommendation, the superintendent shall propose another candidate. 6. Reappoint qualified persons to perform the duties of extra-curricular sponsors or coaches except that, with respect to bargaining unit employees, such action is authorized to the extent such action is consistent with the applicable collective bargaining agreement. 7. Suspend employees with or without pay until the next meeting of the board of education, except that, with respect to bargaining unit employees, such action is authorized to the extent such action is consistent with the applicable collective bargaining agreement. 8. Suspend pupils temporarily as provided in the Wisconsin Statutes 120.13. 9. Make decisions or take actions as may be required in situations not covered herein or by law and report such occurrences to the board as soon as feasible thereafter.
SCHOOL DISTRICT OF CUBA CITY
Policy 202 Page 2 of 3
Administrative Personnel ELEMENTARY PRINCIPAL The elementary principal is directly responsible to the superintendent. [The elementary principal shall possess at least a master’s degree with specialization in instruction, curriculum, administration, and elementary education.] The principal shall meet or exceed all certification requirements specified by the Department of Public Instruction. Previous experience should include at least three years classroom teaching at the elementary level and preferably, three years as an elementary coordinator, supervisor, or principal. The superintendent has the responsibility of recruiting, screening, and recommending a candidate to the board of education. A contract may be issued for a period of two years. Salary and benefits are determined by the board at the time of contract renewal. Salary is reviewed annually. The elementary principal is charged with the following responsibilities: 1. General supervision of the instructional program in grades kindergarten through eight. 2. Development of programs, the improvement of instructional procedures and methods, and the evaluation of same. 3. Preparation of surveys and studies, as required, to determine the status and needs of the elementary schools. 4. Assignment of pupils and teachers to attendance areas. 5. Progress reporting, promotion, and matriculation of pupils 6. Planning, preparation, and the administration of federal programs at the Pre-K-8 level. 7. Development and administration of a program to continuously evaluate teacher and staff effectiveness. 8. To employ substitute teachers when regular teachers are absent. 9. Attendance at professional meetings and conferences to keep abreast of the latest methods and developments pertaining to elementary education. HIGH SCHOOL PRINCIPAL The high school principal is directly responsible to the superintendent. The principal shall hold a master’s degree with specialization in the area of secondary school administration and meet or exceed all requirements for the position specified by the Department of Public Instruction. Previous experience should include a minimum of three years teaching at the secondary level and preferably two years of successful experience as a principal. The superintendent is charged with responsibility of recommending a qualified candidate to the board of education when a vacancy occurs. A contract may be issued for a period of two years. Salary and benefits are determined by the board of education. Salary may be reviewed annually.
SCHOOL DISTRICT OF CUBA CITY
Policy 202 Page 3 of 3
Administrative Personnel The high school principal is charged with the responsibility of providing educational leadership for the programs and activities of grades 9-12. The responsibilities include but are not limited to the following: 1. To maintain a continuous program of evaluation of the curriculum, including goals, objectives, requirements and effectiveness in terms of present day pupils needs. 2. To develop programs, including personnel evaluation and inservice activities that will improve the instruction given to pupils by teachers. 3. To administer and supervise all programs and organizations sponsored by the school and to provide a regular accounting of their funds. 4. To oversee all aspects of pupil administration and recommend policies and regulations on such matters as pupil classification, promotion, and retention; pupil attendance and accounting, grading and reports; pupil scheduling; permanent records, and collection of fees. 5. To observe State law regarding fire drills and to report to the administrator any conditions affecting the safety or welfare of pupils. 6. To remain professionally up to date by attending educational workshops, conferences, and conventions as well as visiting schools to study organization, facilities, modes of instruction, and curriculums. 7. To prepare such written studies and reports as may be required by the administrator and/or board of education. The high school principal is given the authority to perform the functions below: 1. To implement and enforce board of education policies and regulations. 2. To provide each staff member with an equitable workload, including class and extra-class assignments. 3. To make rules and regulations to control the behavior of pupils on school property while they engage in school-sponsored activities and field trips. The principal is empowered to administer reasonable punishment for non-compliance of school rules. 4. To engage substitute teachers when regular teachers are absent. 5. To develop an annual instructional budget subject to the approval of the administrator and the board of education. 6. To suspend a pupil for a maximum of five days for open disobedience or other conduct which interferes with the right of other pupils to learn. Notice of such action shall be given as soon as possible to the pupil’s parents. 7. To develop policies, procedures, and rules to safeguard the safety, health, and welfare of the pupils. ADOPTED: 2/11/03 AMENDED: 5/18/04 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 203 Page 1 of 1
Administrative Publications Administrators and their staffs are authorized to prepare and distribute such bulletins, memoranda, rules, and regulations as may be necessary to implement board of education policies and administer the schools. When deemed appropriate, certain items may be annexed to the manual by board of education action and be constituted as board policies including the following: 1. Student handbooks (High School, Junior High, Elementary) 2. Support Staff Handbook 3. Teacher’s Handbook 4. Master Teacher’s Contract 5. Master Support Employee’s Contract 6. Crisis Plan ADOPTED: 1/2/03 AMENDED: 5/18/04 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 204 Page 1 of 1
Emergency Chain of Command In case of prolonged absence from the district or incapacitation on the part of the superintendent, or in case of an emergency and the superintendent could not be contacted immediately, the superintendent shall designate a person to act as superintendent. Such designation shall list at least two persons in the order to which they should be contacted. The person listed first in the absence of the superintendent, shall have the complete authority to make decisions affecting the school district and the students therein. If that person is not available or cannot be reached, the person listed next shall have the authority to make decisions affecting the school district and the students therein. This authority to make decisions affecting the students and personnel of the district is expressly the same as the authority that is given the superintendent by law or by the board of education. This authority is continuous until specifically changed by the superintendent. Each principal shall provide written authority to make building level decisions in their absence. The faculty in the respective building shall be given a copy of such authority. ADOPTED: 5/18/04 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 206 Page 1 of 1
Safety Procedures The superintendent shall appoint a district employee to serve as district safety coordinator. Said individual shall provide leadership in the development, implementation, and administration of a district-wide safety program and be directly responsible to the superintendent. Building principals shall hold a fire drill in each attendance center at least once per month, except during inclement weather. A complete record of each drill is to be maintained and filed with the principal. Wisconsin Statutes 118.07. All principals shall ensure that their staffs are familiar with the crisis plan. Each principal may prepare addendums to this policy to expedite safety measures unique to their building and the age level of the pupils. Suitable drills are to be held to acquaint the teachers and pupils with the procedures to be taken for all hazards, emergencies, or natural disasters. Principals are to inspect their buildings and grounds periodically for hazardous conditions and situations. Any condition potentially hazardous to the occupants is to be corrected at once. Where structural or other hazards exist that are beyond the control of the principal to solve, they shall report the situation in writing to the administrator who will resolve the condition or report it directly to the board for solution. Where appropriate, principals are authorized to organize school safety patrols and with parent’s permission to appoint pupils as members for the purpose of influencing and encouraging other children to follow established safety procedures in crossing highways and streets. Wisconsin Statutes 118.10. Every principal shall provide a safety zone, establish procedures, and provide supervision for loading and unloading pupils at school. Said areas should be free and safe from vehicular traffic as well as under controlled conditions where non-bus riders are safe. Wisconsin Statutes 118.09. ADOPTED: 5/18/04 AMENDED: 3/18/08 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 207 Page 1 of 2
Staff Protection Threats to District Employees Any employee who is threatened with bodily harm or acts of vandalism towards self or family by an individual or a group while carrying out their assigned duties shall be offered the fullest possible protection by the school district. They shall immediately notify the principal. The principal shall then immediately notify the superintendent’s office of the threat and together they shall take immediate steps in cooperation with the employee to provide every reasonable precaution for their safety. Precautionary steps, including any advisable legal action, shall be reported to the superintendent’s office at the earliest possible time. Students violating this policy will be subject to disciplinary action that may include suspension or recommendation for expulsion review. Parent or guardian will be notified. Depending on the seriousness of the offense, police may be notified. Physical Assaults on District Employees Physical assault on a District employee by a student is strictly forbidden. Physical assault on a District employee by a student will result in an immediate three (3) day suspension from school if such an assault was not provoked by prior physical assault on the student by the employee. A parent or guardian conference will be scheduled prior to re-admittance to school. Restraining a student physically and in a reasonable manner for enforcement of District policies, or defensive procedures, by a District employee may be used and will not be construed as assault. Restraint or “defensive procedures” may include self-defense, preventing self-inflicted harm or harm to other students, restraining students from damaging public property, and forcibly removing dangerous or unlawful objects. Everything possible must be done to prevent such attacks by carefully monitoring behavior, being fully aware of increasingly severe behavior, adding written evidence of such to the student’s behavioral record, seeking district office assistance as necessary, calling an IEP meeting to review appropriateness of placement or management techniques, and implementing IEP findings in a thorough manner. If an employee is physically attacked, the following steps should be undertaken: 1. Suspend the student for three days and initiate an investigation. 2. Remove the employee from the school for the day, contact spouse or family member immediately, provide first aid assistance, call in the nurse for an immediate assessment or call rescue squad if the injury appears serious and, if necessary, call in a substitute teacher. 3. Ask staff involved to write a description of the event as soon as possible. Note: The individual employee directly attacked may be in no condition to do so until a day or two later. Delay in this case as necessary. 4. Contact the superintendent as soon as possible to inform and seek assistance as needed. 5. Finalize all disciplinary action with the superintendent.
SCHOOL DISTRICT OF CUBA CITY
Policy 207 Page 2 of 2
Staff Protection Limitations for Exceptional Educational Need (EEN) Students School district options for disciplining handicapped students are limited by state and federal regulations and statutes. School districts must keep disruptive handicapped students in the placement developed for them pursuant to individual education plan (IEP) requirements pending completion of review proceedings unless the parents or guardians and school officials otherwise agree, or until the school can demonstrate to a court that the placement must change. Under the federal Education of All Handicapped Children’s Act’s “stay-put” provisions, there are no exceptions for dangerous students. Further, the U.S. Supreme Court has held that the language of P.L. 94-142 is “unequivocal” and therefore that no exceptions to the maintenance of status quo are contained in the statute. The following alternatives for dealing with EEN students are currently available: 1. Program placement may be altered if recommended by an IEP with the agreement of parent or guardian. 2. EEN students may be temporarily excluded from their current placements through the use of a threeday suspension. 3. An IEP meeting may be called immediately to determine whether the behavior in question is related to the handicapping condition. If the IEP finds that it is not, the district may suspend for up to 10 days if it intends to proceed to an expulsion hearing. LEGAL REF.: Wisconsin Statutes 939.48, 120.13(1)(a), 120.13(1)(b), 895.035, 118.31, 118.13, 118.128 U.S. Supreme Court, Honig v. Doe, Jan. 20, 1988 CROSS REF.: Pupil Behavior and Discipline; Possession or Use of Weapons; Gangs and Gang-Related Behavior ADOPTED: 5/18/04 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 207.1 Page 1 of 4
Harassment of Employees and Students The Board of Education supports an educational environment that is free of harassment and hate. The Board’s authority is derived from Wisconsin statutes that allow board of educations to establish rules pertaining to the conduct of pupils and employees to maintain a favorable academic atmosphere. It is, therefore, the policy of the district that neither students nor employees will be allowed to engage in any form of harassment, hate or intimidation toward other students or school employees. It is the responsibility of all school district staff and students to ensure that these prohibited activities do not occur. I. Purpose Employees and Students of the Cuba City School District have the right and can expect to work at and attend school in an environment that is free of sexual harassment. It is the policy of the School District to maintain and ensure a working and learning environment free of any form of sexual harassment or intimidation toward and between employees and students. The School District does not tolerate harassment in any form and will take any necessary and appropriate action to eliminate it, which may result in disciplinary procedures. Discipline may include, but is not limited to, detention, suspension, or expulsion, verbal or written reprimand, suspension without pay, or discharge. Notification to law enforcement officials will be made if the conduct involves possible violation of the criminal law. It is the intent of the District to create an atmosphere where complaints will be treated fairly and quickly. All students and staff are charged with the responsibility of knowing what constitutes sexual harassment and with whom they may seek to file a complaint of desired. To facilitate a school culture free of harassment, the school principal will include this policy in the student handbook, faculty handbook, and District bulletin board. It is the policy of the District that a sexual relationship between staff and students is not permissible in any form, or under any circumstances, in or out of the workplace, in that it interferes with the educational process and involves elements of coercion by reason of the relative status of a staff member to a student. A sexual relationship with a minor student can also subject an employee to severe criminal penalties. II. Definition Sexual harassment is a form of sex discrimination that violates the equal protection clause of the Fourteenth Amendment to the U.S. Constitution; Title VII of the Civil Rights Act of 1964, as amended in 1972 and 1991; Title IX of the Education Amendments of 1972, and 111.31-111.37 and 118.13, Wisconsin Statutes. Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, request for sexual favors, or other visual, verbal, written or physical conduct of a sexual nature directed at a person of the same or opposite gender that occurs on school property or at a school-sponsored event when:
Submission to such conduct is made explicitly or implicitly, a term or condition of instruction or participation in other school activities. Submission to or rejection of such conduct by an individual is used by the offender as the basis of making decisions affecting the individual. The conduct has the effect of interfering with the individual’s academic performance or of creating an intimidating, hostile, or offensive learning or working environment.
SCHOOL DISTRICT OF CUBA CITY
Policy 207.1 Page 2 of 4
Harassment of Employees and Students III. Examples Sexual harassment may include, but is not limited to, the following examples:
Visual: unwelcome ogling, leering, staring, posters, cartoons, graphics, magazines, pin-ups, gestures Verbal: unwelcome requests for dates, very personal questions, lewd comments, dirty/sexual jokes, whistling, obscene calls, sexual rumors Written: unwelcome violation of space, patting, rubbing, pinching, bra-snapping, caressing, blocking of movement, kissing, groping, grabbing, hazing Power: retaliation, using position to request dates or sexual favors, gender-directed favoritism or disparate treatment Threats: quid pro quo, demands, conditioning of grades or references for sexual favors, retaliation for refusal to comply with requests Force: attempted to actual rape, attempted to actual assault, pantsing, stripping, stalking
IV. Disciplinary Procedures Students who engage in harassment shall be subject to discipline, which may include expulsion. Employees who engage in harassment shall be subject to discipline up to and including termination. Agents, consultants, volunteers, or citizens who engage in harassment of students or employees will be subject to having their contract or agreement with the District terminated and to referral to proper legal authorities. False charges of harassment will be treated as a serious offense. Individuals reporting incidents of harassment in good faith will be protected from retaliation or reprisals. Any person who engages in retaliatory conduct against a complaint will be subject to disciplinary action. V. Policy Dissemination
Every employee will receive a copy of this policy by direct distribution. Each elementary, middle, and high school student will be informed of the policy through various District and building publications on an annual basis. In each work site, a copy of this policy shall be posted to advise students, staff, parents, volunteers, agents, visitors, and consultants of the policy and procedures for filing a complaint. All staff shall be sure that any regular volunteers are familiar with the policy.
VI. Harassment Complaint Procedure A. Filing a Complaint 1. The complainant, if a student, shall submit a verbal or written complaint and may elect to file it with a teacher, the school psychologist, a guidance counselor, or their principal. The complaint, if an employee, shall submit a verbal or written complaint with their building principal or supervisor. 2. The complainant is encouraged to report any violation within a reasonable period of time. 3. The person receiving a verbal complaint shall document the nature of the complaint and the date it is received and request that a written complaint be filed.
SCHOOL DISTRICT OF CUBA CITY
Policy 207.1 Page 3 of 4
Harassment of Employees and Students 4. A written complaint will be filed by the Principal or designee with Superintendent. The building principal will also keep a copy of the written complaint on file. 5. A complaint shall be deemed filed on the date received by the principal or designee if delivered or on the date postmarked if addressed by mail. 6. The Principal or designee shall send the complainant a written acknowledgement of the receipt of the complaint as soon as practicable, but within 10 working days. The accused shall also be notified within 10 working days that a complaint has been filed. 7. The Superintendent, or designee, shall establish a complaint file. The file shall contain all documents pertinent to the complaint. The file should include, but shall not be limited to: (a) the complaint; (b) documents compiled as part of the investigation; and (c) a statement of resolution. B. Confidentiality and Recrimination 1. The school district will make every effort to keep the identity of the complainant confidential consistent with the requirements of conducting a fair, impartial and thorough investigation. If there are compelling reasons to disclose the identity of the complainant, then the complainant shall be asked if they want their identity disclosed. If the complainant does not want their identity disclosed, then the identity of the complainant shall be kept confidential to the fullest extent possible. If the complainant wishes to keep their identity confidential and if it becomes impractical to investigate the complaint as the result of the complainant’s demand for confidentiality, then the complainant should be informed that the complaint may be dismissed. If other students may be at risk as a result of a dismissal of the complaint, however, the complainant must be informed that institutional requirements necessitate that an investigation proceed, but the District will do its best to preserve the confidentiality of the complaint. 2. No school district employee or student shall attempt to restrain, interfere with, coerce, discriminate or take reprisal action against the complainant and their witness during or after the presentation, processing and resolution of a complaint. C. Informal Complaint Resolution 1. The School District shall provide an opportunity for a resolution of the complaint on an informal basis after the complaint has been filed. 2. For the informal resolution of a complaint, the Principal or designee shall act as a facilitator if the complainant wishes to resolve the matter short of a full investigation. The School District shall request the person who is alleged to be harassing to seek a solution of the matter on an informal basis and to respond to the complainant within 20 working days. 3. If the alleged harassing individual chooses not to respond to the request for an informal complaint resolution, then a formal investigation shall be conducted unless otherwise agreed to by the complainant and the Principal or designee. 4. If the complainant is satisfied with the response to the request for an informal complaint resolution and an informal resolution of the complaint is arrived at, the terms of such resolution shall be reduced to writing and made a part of the complaint file. If the complainant is not satisfied with the response, then the Principal or designee shall proceed with the investigation. NOTE: Voluntary resolution of a complaint shall not necessarily preclude disciplinary action against a harasser if such disciplinary actions is necessary to assure that the school and work environments are free from harassment or if there has been a violation of criminal law.
SCHOOL DISTRICT OF CUBA CITY
Policy 207.1 Page 4 of 4
Harassment of Employees and Students D. Formal Complaint Resolution 1. The School District shall provide a prompt, complete, independent and impartial investigation of the complaint. In most cases, the investigation may be conducted by an investigative team or outside consultant. The investigation team will be appointed by the superintendent or their designee. 2. The investigation shall include a thorough review of the circumstances under which the alleged harassment occurred and any policies and practices related to the situation. The investigation may include the review of various documents and information acquired during the investigation, which may include, but is not limited to, the response of the alleged harasser, written or oral statements from witnesses, copies of extras from records, policy statements or on-site visits or regulations of the School District. E. Determination and Appeal 1. After the investigation has been completed, the investigator shall inform the superintendent or Board of education of their determination of the complaint. The superintendent or Board of Education shall inform the complainant of the School District’s position on such determination of the complaint. The superintendent or Board of Education shall communicate in writing such determination of the complaint to the complainant within 90 days from the time the complaint is filed unless an extension is agreed to by both parties. 2. After complainant receives the written determination of the School District’s position, the complainant may request a reconsideration of the School District’s position. The reconsideration request must be filed within 20 working days after receipt of the determination. The written request for reconsideration must contain a statement as to why the complainant is not satisfied with the decision. The superintendent or designee shall send the complainant a written acknowledgement within 20 days after the receipt of the reconsideration request. The reconsideration request shall be acted upon by the superintendent or designee within 30 days. 3. After the complainant receives the written determination of the School District’s position, the complainant may request a reconsideration of the School District’s position. The reconsideration request must be filed within 20 working days after receipt of the determination. The written request for reconsideration must contain a statement as to why the complainant is not satisfied with the decision. The superintendent or designee shall send the complainant a written acknowledgement within 20 days after the receipt of the reconsideration request. The reconsideration request shall be acted upon by the Board of Education within 30 days. F. If the Superintendent or designee determines that a complaint of sexual harassment against a student should be handled under the District’s procedures for student discipline, then the procedures for suspension and expulsion set forth in Section 120.13, Wisconsin Statutes, and any applicable District policies and procedures for student discipline may be followed in lieu of the above described complaint procedures. ADOPTED: 5/18/04 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 207.1 A Page 1 of 1
Harassment Complaint Form
HARASSMENT COMPLAINT FORM Name: ________________________________________________ Date: ______________________ Address: ___________________________________________________________________________ City: ____________________________________ State: ___________ Zip: ___________________ Telephone: (home) _____________________________ (work) ______________________________ Status of Person Filing Complaint: _____Student _____Employee _____ Parent _____Other Filing Complaint alleging harassment on the basis of: ______________________________________ ___________________________________________________________________________________ Statement of complaint (include type of harassment charges and the specific incident(s) in which it occurred and the person being charged of harassment): ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Signature of Complainant: ____________________________________________________________ Date Complaint Filed: _______________________________________________________________ Signature of Person Receiving Complaint: _______________________________________________ Date Received: _____________________________________________________________________ Submit all copies to the building principal. The building principal will sign and date the complaint. One copy will be returned to the complainant, and one copy will be sent to the District Administrator. Distribution: 1st copy – Building Principal 2nd copy – District Administrator 3rd copy – Complainant District Administrator: _____________________________________________________________ Building Principal: _________________________________________________________________
SCHOOL DISTRICT OF CUBA CITY
Policy 208 Page 1 of 1
District Record Policy The School District of Cuba City, a public EC-12 learning institution, located at 101 North School Street, Cuba City, WI 53807 is the legal custodian of records. The public may obtain information, access records and obtain copies of records ($.10/page) by providing five (5) business days written request to the superintendent of schools. Records Retention The School District of Cuba City, like any school district, collects thousands of pages of records on an annual basis. The Board of Education recognizes that accumulation of records in this quantity poses special problems and generates questions regarding records retention, destruction and transfer of records. In order to address the questions regarding records and to be responsible in dealing with the public records, the School District of Cuba City adopts the Wisconsin School District Records Retention Schedule. This schedule provides recommended retention periods for records common to all school districts, denotes records of historical significance, and outlines a process for the orderly transfer of records to the State Historical Society. Adoption of the School District Records Retention Schedule will: 1. Enable the District to dispose of some records in less time than seven years, the generally accepted time frame. 2. Provide guidance regarding those school district records that should be preserved locally and may be of interest to the State Historical Society. 3. Eliminate paperwork for both the District and State Historical Society. This schedule brings order to the requirement to retain public records and clearly explains the options which may permit destruction of public records. LEGAL REFERENCE:
WISCONSIN STATUTES 16.61(7) 19.21(6) 118.125(1)(2m) and (3)
ADOPTED: 3/10/98 AMENDED: 5/18/04, 9/21/10 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 210 Page 1 of 1
Employee Child Care Employees, while on contracted time, are not allowed to have their children at work. This does not apply to children attending classes in the same building as the parent; however, employees, either during the workday or extra-curricular contracted time, are not expected to be performing child care. ADOPTED: 8/13/96 AMENDED: 5/18/04 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 225 Page 1 of 1
Superintendent Evaluation Annually, but not later than February 1st of each year, the Board of Education shall evaluate the performance of the superintendent. The goal of such evaluation is to notify the superintendent of strengths as well as concerns so that the superintendent may improve his/her performance. Such evaluation shall be based on the evaluation instrument of the district and the written comments of the members of the board. The Board of Education shall meet with the superintendent to discuss the evaluation. Such meeting will be conducted in a closed meeting at the request of either party. After such evaluation, the Board of Education shall consider the salary, length of contract of the superintendent, and contractual changes. The superintendent is responsible to put the evaluation issue on the January agenda. Failure to perform such evaluation by February 1st, shall automatically add an additional year to the contract of the superintendent. ADOPTED: 2/21/06 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 301 Page 1 of 1
The Instructional Program The school calendar shall consist of at least 180 actual teaching days. In addition, it shall include inservice and vacation days per the school calendar and negotiated agreement and legal holidays as approved by the state. One credit at the secondary level pertains to a pupil taking one subject one period per day for the entire year. The curriculum consists of all the experiences in which a pupil may participate under the sponsorship of the school. A course of study is an outlined description of a subject or a group of related subjects, including supplementary materials and related activities. The term homework refers to short or long-range assignments given to pupils by teachers to be completed outside of class in a study hall, classroom, or home. In light of the state legislated requirements of having to establish school hours, the Cuba City Board of Education shall set the hours annually for each of the district’s buildings school day. ADOPTED: 1/18/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 303 Page 1 of 5
The Curriculum The curricular offerings of the district, implemented by the instructional staff as approved by the board of education, shall incorporate the requirements set forth as recommended by the State Superintendent of Public Instruction. Curriculum development, evaluation, and revision shall be a continuous staff responsibility. Both the teachers and administration shall share in this task. Curriculum evaluation and change may occur in a variety of ways. It is expected, however, that most situations will involve study by organized committee in the various subject areas. Where the teachers and/or committees recommend textbook or curriculum change, the superintendent will advise the board of education and inform those making the recommendations as to the decision made. Enrichment experiences shall be provided through the course of study supplemented by athletics, drama, speech, field trips, and club activities, etc. Field Trips The board of education recognizes the value of properly planned and conducted field trips. All field trips must be approved by the principal of the building. Before involving the students, a teacher shall consult the principal concerning the purpose, scope, date, and any other factors that might be pertinent to the trip. Approval shall be based upon educational value, welfare of the pupils, and budgetary limitations. School rules and regulations shall apply and be enforced on field trips. Teachers will collect parental permission slips and present them along with a list of the names to the building principal. This policy does not apply to local trips taken during a class period. The board of education recognizes and supports the concept that the surrounding community can serve as a valuable laboratory by which students may gain knowledge of work and vocations while attending school. Accordingly, there shall be available a program to meet this objective. Providing for Exceptional Educational Needs – Individual Education Plan Process The School District of Cuba City acknowledges the Department of Public Instruction Exceptional Educational Needs Guidelines as a response to the mandates and rules of sub-chapter IV of Chapter 115, the Individuals with Disabilities Education Act (IDEA), Section 504, and other activities representing desirable but not mandated practices as set forth by the Department of Public Instruction, Division of Handicapped Children in the Special Education Program Review Guide. The Exceptional Educational Needs Guidelines may be found in the special education administrator’s office in the Cuba City Elementary School located at 518 West Roosevelt Street, Cuba City, Wisconsin. The director of special education shall serve as the designee of the board of education and act for the board. This means they shall: a. Serve as coordinator of the district special education program and IEP Process. b. Evaluate multidisciplinary team’s findings and recommend to parents special programs when deemed appropriate, based in IEP’s. c. Obtain parents’ permission to implement special programs for their children. d. Apprise parents of their right to appeal the recommendations. e. Arrange parent-board conference when appropriate. f. Report to the board regularly on the status of the program. g. Recommend changes to the board to improve and to maintain the program. Flags The U.S. flag shall be displayed at each school on a flagstaff during school hours and in all classrooms in grades K-8. The pledge of allegiance shall be recited at the beginning of school at least one day each week in grades 1-8. No students shall be compelled against their objections or those of their parents or guardians to recite the pledge. Wisconsin Statutes 118.06.
SCHOOL DISTRICT OF CUBA CITY
Policy 303 Page 2 of 5
The Curriculum Music Instruments Certain musical instruments which are required for band but which may be too expensive for an individual to buy shall be purchased by the district and offered to pupils on a rental basis. In addition, a very limited number of instruments may be purchased and rented so that no pupil be deprived of instrumental music. Elementary & Secondary Education Act (ESEA) The School District of Cuba City recognizes the importance of parent involvement in the Elementary & Secondary Education Act (ESEA) program and therefore has established a parent advisory council to provide an opportunity to become involved in the design and implementation of the ESEA program in the school district. District Achievement Testing The Board of Education of the School District of Cuba City supports the concept that the district achievement testing program will improve skill levels for students lacking the basic knowledge in reading, language arts, mathematics and sciences needed to function in society. Further, the Board supports the concept that achievement testing will increase the responsibility of administrators, teachers, parents, and students for the educational results attained by the district. Implementation of the program will allow the district to: a. Monitor the progress of students; b. Measure the competence of students in reading, writing, language arts, mathematics and sciences; c. Determine and implement remediation activities for those students who do not meet the district’s standards of competence; d. Provide information to the public regarding basic skills areas; and e. Provide information necessary for curriculum development and reform and instructional change. Therefore, to achieve these purposes, the Board directs the administration and the staff to develop and implement a district-standardized achievement testing program. The purpose of the pupil-testing program in the School District of Cuba City is to ensure that students have attained acceptable standards of proficiency in reading, writing, language arts, mathematics and sciences. To attain this purpose, the district will: a. Identify, through a process actively involving administrators, teachers, and parents, levels of competency in reading, writing, language arts, mathematics and sciences; b. Provide adequate, logically organized instruction in the subject areas designated; c. Use various evaluation procedures to monitor student progress in these areas; d. Administer standard achievement tests at the stipulated grade levels as required by Chapter P.I. 16, and other grade levels as locally determined; e. Provide appropriate diagnosis and remediation for students not attaining levels of competency; f. Report each student’s test results to their parent(s) or guardian(s) and initiate further homeschool communication regarding their child’s proficiencies and subsequent educational needs; g. Report each school’s competency test results to the board of education; and h. Establish a basic skills improvement plan to address any deficiencies indicated in the report.
SCHOOL DISTRICT OF CUBA CITY
Policy 303 Page 3 of 5
The Curriculum The School District of Cuba City will determine the source of tests to be used in the testing program. As required by Wisconsin Administration Code, state required tests will be administered at stipulated grade levels; in addition, the district will determine the source of additional tests (ex: Stanford, Iowa Tests, etc.) to be used in the testing program. Students who do not meet acceptable levels of competency on standardized tests will receive remediation in basic skills as needed. Test results will not be used for grade-to-grade promotion or for high school graduation. Successful remediation experiences as determined by the curriculum consultant will constitute the equivalent of meeting the passing standards. Wisconsin Knowledge & Concepts Exam (WKCE) State required tests shall be administered during each school year to fourth, eighth and tenth grade students. As additional grade levels are added to the state requirement, those grade levels will also be included. Based upon test results, advisory committee and appropriate classroom teachers will develop a plan for the remediation of those students who do not meet the district’s levels of competency. Such a plan will take into account the following factors: a. b. c. d.
Number of students to be remediated. Personnel needed to carry out the remediation activities. Materials and physical facilities needed. Cost of the remediation program.
The plan will be presented to the Board of Education for approval as appropriate. Scores on achievement tests at appropriate grade levels will be reported to students via teacher-student conferences. Scores will be reported to parents or guardians via parent-teacher conferences whenever possible. If a parent-teacher conference cannot be held, scores will be reported by mail. The source document for all parent conferences (or mail reporting) will be the parent report received from the scoring service. All student and parent score reporting will take place in a timely fashion after scores are received by the district. Individual score reports will be filed in individual cumulative folders by guidance personnel. Students transferring into the Cuba City district will be required to take the district’s standardized tests at their next regular testing grade. Special Education The following policies have been established for Exceptional Educational Needs (EEN) students: 1.
EEN students may be exempt from taking the required test, or may have the test modified in format or administration, on an individual basis, using each student’s individual education program (IEP) in such determination. Decisions regarding testing will be made on an individual basis and will be documented in the student’s Individual Education Plan (IEP).
The format and administration of the test shall be modified if the individual student needs such accommodations. For example, students who receive EEN services in the area of reading, and who take part in the standardized testing program may possibly need sections that require reading to be read to them; students whose handicaps include a deficiency in attention may have the test administered in an individual or small group situation; students with processing speed or motor speed deficits may have modified time limits.
SCHOOL DISTRICT OF CUBA CITY
Policy 303 Page 4 of 5
The Curriculum If the student’s IEP does not address the decision regarding the student’s participation in taking the test, the student’s parent/guardian will be notified in writing at least 30 day prior to testing of the student’s exemption from the test, or modifications in the format and/or administration of the test. Any district student with limited English proficiency as defined in s. 115.955 (7) Wisconsin Statutes, may be excluded from the tests administered under the district achievement testing program if the student’s language proficiency meets the criteria under s. PI 13.03(3)(a) through (d). Any student with English language proficiency meeting criterion (e) under s. PI 13.03(3)* must be administered tests under the district achievement testing program. *(3) The board of education shall classify each pupil assessed under sub. (2) for programming purposes pursuant to s. 115.96(1), Stats., and the following levels of proficiency: (a) Does not understand or speak English; (b) Understands simple sentences in English, but uses only isolated words or expressions in English; (c) Speaks English with difficulty, converses in English with help, understands at least part of lessons and follows simple directions given in English; (d) Understands, speaks, reads, and writes English with some degrees of hesitancy which may be due to language interference because of foreign language or non-proficient English spoken in the home; or (e) Understands and speaks English well but needs assistance in reading and writing in English to achieve at a level appropriate for their age/grade. The Superintendent shall present to the Board of Education an improvement plan for Board action which will be based on test program results and will include: a. b. c. d.
A summary of test results for the district. Areas for curricular instructional improvement. A plan to bring about said improvement. Cost of the plan.
District achievement testing program results may not be used to discharge, discipline, or non-renew teachers. (Therefore, results will not be used in any way for teacher evaluation.) Guidance Counseling The School District of Cuba City shall maintain a guidance and counseling program which will serve all students and help them with emotional, educational, career, civic and social development. The program shall be developmental in nature. Guidance and counseling services shall exist to help improve the learning climate involving students, parents, staff and community members who can influence the educational, personal and career development of students. Counselors shall assist all students to develop a more realistic and adequate concept of themselves through individual or group contact over a period of time. Counselors shall help all students develop a knowledge of self as it applies to personal, educational and career decisions. Further, the guidance and counseling program shall help prepare individuals to live effective lives and to engage in meaningful, satisfying, paid and/or unpaid work in harmony with themselves, with others and with their environment.
SCHOOL DISTRICT OF CUBA CITY
Policy 303 Page 5 of 5
The Curriculum Non discrimination The School District of Cuba City shall not discriminate in the methods, practices and materials used for counseling, testing or evaluating students on the basis of sex, race, national origin, color, religion, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability. Discrimination complaints shall be processed in accordance with established procedures. LEGAL REF.: Wisconsin Statutes-Sections 118.13 and 121.02(1)(g), Wisconsin Administrative Code-PI 8.01(2)(g) ADOPTED: 1/18/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 305 Page 1 of 2
Graduation Requirements A diploma indicating graduation from the Cuba City High School will be granted to a pupil by the board of education when the prescribed academic and attendance requirements have been fulfilled. Students desiring credit for extension courses must have the prior approval of the administration. Students transferring from other high schools will be awarded credits earned at the former school. Graduation criteria will be adjusted to allow for differences in the requirements of the two schools. The Board reserves the right to withhold credit for excessive or unexcused absence. General Educational Development Diploma (G.E.D.) The Board will grant a General Educational Development Diploma (G.E.D.), to candidates who meet the following requirements: 1. A candidate who takes the G.E.D. test at any of the approved G.E.D. test centers and receives an acceptable score. 2. Test scores will be accepted as official only when reported directly by official G.E.D. testing centers. Applicants meeting all of the requirements will be issued a high school G.E.D. Diploma from the Cuba City High School. There will be no charge for the diploma and it will be mailed to the applicant after their class has graduated. The applicant will not be allowed to participate in graduation ceremonies. In exceptional cases, the Board of Education may make modifications in any of the conditions of this policy. Eighth Grade Students Taking High School Classes Eighth grade students may be allowed to take high school classes. Credits earned while in the eighth grade will not count towards graduation. The high school transcript shall reflect the completion of these courses as eighth graders. Requirements for High School Graduation In order to qualify for a diploma, a student must successfully complete 24 credits. Usually, a unit of credit is a full year of work in a subject in which the class meets five (5) times a week for thirty-six (36) weeks or one-half (½) credit is given to classes that meet five (5) times per week for 18 weeks. Certain courses that meet 45 times per semester, such as physical education, are given one-quarter (¼) credit per semester. The credits per course are explained in the registration handbook and the student handbook. A normal class load is 6½ credits per year, which includes ½ credit for physical education. The following subjects and credits are required of all students: English 4 credits Social Studies 3 credits Mathematics 2 credits Science 2 credits Physical Education 1½ credits Computers ½ credit Speech ½ credit Health ½ credit Personal Finance ½ credit REQUIRED
14½ credits
Electives
9½ credits
TOTAL
24 credits
SCHOOL DISTRICT OF CUBA CITY
Policy 305 Page 2 of 2
Graduation Requirements Graduation Requirements after 2017 Beginning with the class of 2017 and thereafter, all students must successfully complete 24 credits including three credits of Science and three credits of Math. Usually, a unit of credit is a full year of work in a subject in which the class meets five (5) times a week for thirty-six (36) weeks or one-half (½) credit is given to classes that meet five (5) times per week for 18 weeks. Certain courses that meet 45 times per semester, such as physical education, are given one-quarter (¼) credit per semester. The credits per course are explained in the registration handbook and the student handbook. A normal class load is 6½ credits per year, which includes ½ credit for physical education. The following subjects and credits are required of all students: English 4 credits Social Studies 3 credits Mathematics 3 credits Science 3 credits Physical Education 1½ credits Computers ½ credit Speech ½ credit Health ½ credit Personal Finance ½ credit REQUIRED
16½ credits
Electives
7½ credits
TOTAL
24 credits
ADOPTED: 1/18/05 AMENDED: 12/20/05, 2/21/07, 12/17/14 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 306 Page 1 of 1
Early Graduation This board of education believes that with rare exception the many benefits of a high school education cannot be fully realized in less than four years. Further, the entire senior year is viewed as an important period during which the student should be able to enjoy many experiences providing him with academic growth and enrichment, exploration of new areas, and social growth and maturity. Only in unusual or extenuating circumstances should a student forego the many opportunities available to them during the eighth semester. But for those who may have special needs or goals and who would benefit from early graduation, the following policy is established: 1. The candidate must have: a. Completed seven semesters of high school attendance. b. Satisfied all of the requirements of a four-year graduate. c. Qualified by virtue of extenuating circumstances or special goals. 2. If the applicant meets the above requirements, the procedures below are followed: a. A written request for early graduation is submitted to the high school principal. The request must contain a statement or endorsement from the student if age 18 or over, or if the student is under the age of 18, the signatures of the parents or legal guardian. The letter should clearly express the reasons for the request. b. The matter is thoroughly reviewed by the student and their counselor. c. A conference is held involving the student, parents, counselor, and the high school principal. d. After a complete evaluation of the request and its merits, the principal will forward their recommendations to the superintendent for consideration and board action. If early graduation is approved, the student will receive their diploma after the next regular board of education meeting. The student may participate in the graduation ceremonies, but will not be able to participate in school activities as a student after the first semester. ADOPTED: 1/18/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 333 Page 1 of 1
Student Privacy Protection Procedures A. Protection of Student Privacy in the Administration or Distribution of Surveys Containing or Revealing Protected Information The following additional arrangements apply to further protect student privacy in the event the District administers or distributes any survey for which the District has not obtained affirmative, written consent from a parent or guardian (or adult student) and where the survey in question contains or would reveal information in any of the eight protected-information categories outlined in Board Policy: 1. All student responses to such surveys shall be anonymous, unless the students’ parents or guardians (or adult students) were given express notice that the survey responses would not be anonymous. 2. Students shall be informed that their participation in the survey is voluntary (i.e., participation remains the student’s choice, even though the student’s parent or guardian did not preemptively opt the student out of participation in the survey). 3. Survey responses will be collected and handled in a manner that prevents students and others with no legitimate role in the survey process from accessing the content of individual survey responses. B. Protection of Student Privacy in the Collection, Disclosure or Use of Personal Information for Marketing Purposes The following additional arrangements apply for the protection of student privacy in the event that the District collects, discloses or uses personal information from students for the purpose of marketing, or otherwise provides personal information to others for that purpose: 1. The District shall not sell, or allow the collection of personal information from students by others for the purpose of selling, any lists or other records that contain student or parent names, addresses, telephone numbers, or email addresses. 2. The District shall not collect, disclose or use a student’s or parent’s social security number for any marketing purpose, or for the purpose of selling such numbers. 3. The District shall honor any parent opt-out from the disclosure of personal information that is identified as “directory data” under the District’s student record policies and/or procedures as an optout from the District’s disclosure of any personal information collected from his/her student to any third party for the purpose of marketing. 4. The use of any instrument to collect personal information from students for the purpose of marketing must have the express pre-approval of the Superintendent. 5. The District shall not use a student’s or parent’s name, portrait, or picture for public advertising purposes in a manner that reasonably implies endorsement of the District or its programs without having first obtained the written consent of the person, or if the person is a minor, his/her parent or guardian. This provision shall not be construed to encompass announcements of awards or achievements, or the production of materials such as athletic program guides, playbills, activity rosters, or similar materials for school-related programs and activities. ADOPTED: 7/20/16 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 333.1 Page 1 of 3
Parent Rights in Relation to District Programs/Activities and Student Privacy Parents may request a change in or exemption to their child’s participation in certain District educational programs or activities in accordance with state and federal laws. These laws also grant parents and guardians the right to inspect certain materials that are part of the District’s curriculum or other activities. 1. The parent of a student may, upon request, opt their child out of participation in: a. Instruction in human growth and development; b. Instruction in certain health-related subjects (physiology and hygiene, sanitation, the effects of controlled substances and alcohol upon the human system, symptoms of disease and the proper care of the body); c. Any state-mandated achievement examinations in grades 4, 8, 9, 10 and 11, and in any other grades authorized by the School Board and allowed by the Wisconsin Department of Public Instruction; d. The District also allows the parent to unilaterally opt their child out of participation in – e.g., District programs or activities funded under the federal Safe and Drug-Free Schools and Communities Act. 2. The District shall provide to the parent of each affected student advance notice of the District’s intent to engage any of the following activities (including notice of the scheduled or approximate date of the activity), and the parent shall have, at a minimum, the right to opt their child out of participation in each such activity: a. Any activity involving the collection, disclosure or use of personal information collected from students for the purpose of marketing, or otherwise providing that information to others for that purpose. b. Any non-emergency, invasive physical examination or screening that is: (a) required as a condition of attendance, (b) administered by the school and scheduled by the school in advance, and (c) not necessary to protect the immediate health and safety of the student, or of other students; except that this paragraph shall not be interpreted to apply to any examination or screening that is required or expressly authorized by state law. c. Any survey that contains or reveals information concerning any of the following:
political affiliations or beliefs of the student or the student’s parent;
mental or psychological problems of the student or the student’s family;
sex behavior or attitudes;
illegal, anti-social, self-incriminating or demeaning behavior;
critical appraisals of other individuals with whom students have close family relationships;
legally recognized privileged or analogous relationships such as those of lawyers, physicians and ministers;
religious practices, affiliations or beliefs of the student or student’s parent; or
income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program.
SCHOOL DISTRICT OF CUBA CITY
Policy 333.1 Page 2 of 3
Parent Rights in Relation to District Programs/Activities and Student Privacy If the District intends to require students to participate in any survey, analysis or evaluation that would reveal information concerning any of the eight protected-information categories above, and if the activity in question is funded in whole or in part by any program of the U.S. Department of Education, then the District shall first obtain the affirmative, written consent of a parent for the student’s participation (or, for an adult student, the advance, affirmative consent of the adult student). District staff shall take additional precautions to protect student privacy when engaging in any of the above-mentioned activities in accordance with established procedures. 3. Upon request to the District, the parent of a student may inspect: a. Any instrument used in the collection of personal information from students for the purpose of marketing, or otherwise providing that information to others for that purpose. b. Any survey the District intends to administer or distribute to students that contains or that would reveal information in any of the eight protected-information categories listed within this policy, above. c. Any survey created by a third party (regardless of content) before the survey is administered or distributed by a school to a student. d. Any instructional materials (exclusive of tests or assessments) used as part of the educational curriculum for the student, which shall be interpreted to include, for example, (1) the curriculum and instructional materials used in any human growth and development instructional program; and (2) the instructional materials used in connection with any survey, analysis or evaluation (including any research or experimentation program or project designed to explore new or unproven teaching methods) that is funded in whole or in part by any U.S. Department of Education program. Parents shall make any of the above requests regarding inspection of materials or student participation in certain activities in writing to the applicable building principal or his/her designee. Other parent requests dealing with student participation in other curricular, instructional or programmatic activities that are not expressly identified in this policy may be made in the same manner. All requests will be judged individually and shall be based upon any applicable state or federal requirements or guidelines. The principal or his/her designee shall respond to such requests in a timely manner. For purposes of this policy, the terms “survey,” “parent,” “invasive physical examination,” and “personal information for the purpose of marketing” shall be defined as those terms are defined (including applicable exceptions) in the federal Protection of Pupil Rights Amendment (PDRA). Legal References: Wisconsin Statutes Section 118.01(2)(d)2.c Section 118.019 Section 118.30(2)(b)3
[student exemption from certain health education activities] [human growth and development instruction] [parental right to excuse child from taking state-mandated assessments in grades 4, 8, 9, 10 and 11]
SCHOOL DISTRICT OF CUBA CITY
Policy 333.1 Page 3 of 3
Parent Rights in Relation to District Programs/Activities and Student Privacy Federal Laws Protection of Pupil Rights Provision of General Education Provisions Act [student privacy policies required and other privacy and parent’s rights mandates] Safe and Drug-Free Schools and Communities Act [parental right to excuse child from certain funded activities] 34 C.F.R. Sections 98.3 and 98.4 [U.S. Department of Education Regulations; last issued/revised under prior versions of the PPRA] Cross References: ADOPTED: 7/20/16 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 333.1A Page 1 of 1 Notification of Child’s Participation in U.S. Department of Education-Funded Survey Revealing Private Information Federal law requires the Cuba City School District notify you and obtain written consent before the District requires your child to participate in any survey (including an evaluation) funded in whole or in part by the U.S. Department of Education that reveals information concerning any of the following:
Political affiliations or beliefs of the student or the student’s parent or guardian;
Mental or psychological problems of the student or the student’s family;
Sex behaviors or attitudes;
Illegal, anti-social, self-incriminating or demeaning behavior;
Critical appraisals of other individuals with whom students have close family relationships;
Legally recognized privileged or analogous relationships such as those of lawyers, physicians and ministers;
Religious practices, affiliations or beliefs of the student or the student’s parent or guardian; or
Income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program.
When the Cuba City School District plans to administer a U.S. Department of Education Funded Survey that may reveal private information, the District will identify the name of survey to and identify who the survey is being administered to. The District will also describe what the survey entails and the purpose of the survey. You may inspect the survey and any instructional materials used in connection with the survey upon request. The building principal or designee shall respond to your request in a timely manner. Please sign and return the consent form no later than (identify return date) so that your child may participate in this survey. Name of Child: ____________________________________________________________________ ______ YES, I give permission for my child to participate in the survey activity described above. ______ NO, I do not want my child to participate in the survey activity described above. Parent or Guardian Signature: _________________________________________________________ ADOPTED: 7/20/16 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 341.3 Page 1 of 2
Student Wellness Students who practice good nutrition attend school with minds and bodies ready to take advantage of their learning environment. The School District of Cuba City encourages all members of the school community to help create an environment for students that supports healthy, lifelong eating habits and lifestyle practices. Decisions made district wide in regard to food and beverages need to reflect and encourage positive nutrition messages and healthy food choices. Implementation: In order to create and maintain an environment that supports and teaches healthy eating habits as well as physical activity, the food service department, the health curriculum and the physical education curriculum will work together as follows: Food Service The food service department will promote healthy meals and meal alternatives as part of the educational learning environment. - Ensure all meals offered through the National School Breakfast and Lunch Programs meet and follow all U.S. Government Nutritional Standards. - Encourage and promote healthy living by implementing nutrition education materials into the meal program. - Prohibit the sale of foods of minimal nutritional value during school hours. - With the assistance and support of school administrators, provide a positive environment in school cafeterias by giving an adequate amount of time for students to eat school meals, and schedule lunch periods in a reasonable manner. Health Curriculum The health curriculum will educate students to develop the knowledge, attitudes, skills and behavior for life long healthy eating habits and physical activity. The district has approved a K-12 nutrition curriculum as part of the comprehensive health curriculum. This curriculum supports the philosophy that the quality of life is dependent upon one’s physical, mental, emotional and social well-being. The students will learn healthy food habits to help build and maintain good health as a performance goal in the curriculum. This performance goal is promoted throughout the K-12 curriculum. Some of the topics covered as part of the health curriculum include: eating habits, nutrients, dietary guidelines, My Plate serving sizes, labeling, weight problems, eating disorders, fad diets, food safety, consumer awareness, food allergies and sensitivities. Physical Education Curriculum The physical education curriculum teaches students the importance of physical exercise and exposes them to a wide range of physical activities, so they develop the knowledge and skills to be physically active for life. Students receive instruction in the five health-related components of fitness (cardiorespiratory endurance, muscular endurance, muscular strength, flexibility and body composition). Body composition instruction includes proper diet and healthy eating habits. The curriculum promotes lifelong physical activity and fitness, which includes healthy eating as its primary goal.
SCHOOL DISTRICT OF CUBA CITY
Policy 341.3 Page 2 of 2
Student Wellness District Wide Nutrition Guidelines: The School District of Cuba City encourages the sale or distribution of nutrient dense foods for all school functions, fundraisers and other activities. Those foods that provide a lot of nutrients relative to the number of calories are called nutrient dense. Examples include: lean meat, fish and poultry, eggs, legumes, dark green vegetables, citrus fruits, nonfat milk, fruits and vegetables. Schools and school groups are encouraged to follow the nutrition guidelines set by the district when selling food and beverages on school grounds. Food Items: - Provide food options that are low in fat, calories and added sugars - It is recognized that there may be rare special occasions when the school principal may allow a school group to deviate from these guidelines. Beverage Items: - The sale of soda or artificially sweetened drinks will be prohibited during school hours. - The sale of milk, water and beverages containing 100% real juice may be permitted both prior to and during school hours. Candy - Candy is defined as any item that contains sugar (including brown sugar, corn sweetener, corn syrup, fructose, glucose {dextrose}, high fructose corn syrup, honey, invert sugar, lactose, maltose, molasses, raw sugar, table sugar {sucrose}, syrup) listed as one of the first two (2) ingredients. - The sale of candy will not be permitted during school hours. Fundraising: - Items being sold must not interfere or compete with the National School Lunch or Breakfast program. - All fundraising projects are encouraged to meet the district nutritional standards. - All fundraising projects must be approved by the school administration as stated in District policy. Classroom Incentive: - Teachers are encouraged to consider non-food items as student incentives. Should teachers decide to use food items as an incentive, they are encouraged to adhere to the aforementioned guidelines. ADOPTED: 6/20/06 AMENDED: 6/19/12, 12/17/14 REPEALED:
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Special Education Programs Policies and Procedures As a condition of funding under the Individuals with Disabilities Education Act (IDEA), local educational agencies are required to establish written policies and procedures for implementing federal special education laws. In addition, Wisconsin law requires local educational agencies to establish written policies and procedures for implementing state and federal special education requirements. Model Local Educational Agency Special Education Policies and Procedures has been developed to help local educational agencies meet their obligation to establish and implement special education requirements. A local educational agency may establish special education requirements by adopting the model policies and procedures. The document may also be used as a reference tool and for staff development activities to promote understanding of and compliance with special education requirements. The state special education statutes, subchapter V, chapter 115, Wis. Stats., incorporate the statutory provisions of Part B of the IDEA. Local educational agencies in Wisconsin must also comply with IDEA’s regulations. Therefore, the model policies and procedures are derived primarily from Wisconsin special education statutes and IDEA regulations. A small number of policies and procedures are derived from Wisconsin special education rules, chapter PI 11, Wis. Admin. Code. The underlying law can be found by using the following tools: 1. the table of contents to the IDEA Regulations found at 34 CFR Part 300, Vol. 71 Federal Register, No. 156 (August 14, 2006); 2. the table of contents of the state special education statute, Subchapter V, Chapter 115, Wis. Stats.; and 3. the table of contents for the state special education rules, Chapter PI 11, Wis. Admin. Code. Definitions For the purpose of these policies, the following definitions apply: ●
"Assistive technology device" means any item, piece of equipment or product system that is used to increase, maintain or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of that device.
34 CFR § 300.5. ●
"Assistive technology service" means any service that directly assists a child with a disability in the selection, acquisition or use of an assistive technology device, including all of the following: ➢ evaluating the needs of the child, including a functional evaluation of the child in the child’s customary environment; ➢ purchasing, leasing or otherwise providing for the acquisition of assistive technology devices by children with disabilities; ➢ selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing assistive technology devices; ➢ coordinating and using other therapies, interventions or services with assistive technology devices, such as those associated with existing education and rehabilitative plans and programs; ➢ training or technical assistance for a child with a disability or, if appropriate, the child’s family; and
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Special Education Programs ➢ training or technical assistance for professionals, including individuals providing education and rehabilitation services, employers or other individuals who provide services to, employ or are otherwise substantially involved in the major life functions of that child. 34 CFR § 300.6 ● "Business day" means Monday through Friday, except for federal and state holidays unless holidays are specifically included in the designation of business day. 34 CFR § 300.11 ● “Charter school” means a school under contract with a school board under Wis. Stat. § 118.40, or with one of the entities under Wis. Stat. § 118.40(2)(2r)(b), or a school established and operated by one of the entities under Wis. Stat. §§ 118.40(2r)(b), 115.001(1). ● "Child" means any person who is at least three years old but not yet 21 years old and who has not graduated from high school and, for the duration of a school term, any person who becomes 21 years old during that school term and who has not graduated from high school, and includes a child who is homeless, a child who is a ward of the state, county, or child welfare agency, and a child who is attending a private school. Wis. Stat. § 115.76(3) ● "Child with a disability" means a child who, by reason of any of the following, needs special education and related services: ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢
intellectual disabilities hearing impairments; speech or language impairments; visual impairments; emotional behavioral disability; orthopedic impairments; autism; traumatic brain injury; other health impairments; and/or ➢ specific learning disabilities.
If the local educational agency determines through an appropriate evaluation that a child has one of the impairments listed above but only needs a related service and not special education, the child is not a child with a disability. "Child with a disability" may, at the discretion of the local educational agency and consistent with Department of Public Instruction rules, include a child who, by reason of his or her significant developmental delay, needs special education and related services. 34 CFR § 300.8; Wis. Stat. § 115.76(5) ●
"Consent" means:
➢ the parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;
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Special Education Programs ➢ the parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and ➢ the parent also understands the granting of consent is voluntary on the part of the parent and may be revoked at any time. If a parent revokes consent, that revocation is not retroactive (i.e. it does not negate an action that has occurred after the consent was given and before the consent was revoked). 34 CFR § 300.9 ● "Controlled substance" means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substance Act [21 U.S.C. 812(c)]. 34 CFR § 300.530(i)(1) ● “Core academic subjects” means English, reading or language arts, mathematics, science, foreign languages, civic and government, economics, arts, history, and geography. 34 CFR § 300.10 ●
"Day" means calendar day unless otherwise indicated as business day or school day.
34 CFR § 300.11 ● "Destruction," as used in the section on confidentiality in these policies, means physical destruction or removal of personal identifiers from information so the information is no longer personally identifiable. 34 CFR § 300.611(a) ● "Division" means the Division for Learning Support: Equity and Advocacy in the Department of Public Instruction. Wis. Stat. § 115.76(6) ● "Education records" means the type of records covered under the definition of "education records" set forth in the regulations implementing the Family Educational Rights and Privacy Act of 1974. See Appendix. 34 CFR § 300.611(b) ● “Elementary school” means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. State law defines elementary grades as including K4-8th grade.
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Special Education Programs 34 CFR § 300.13; Wis. Stat. § 115.01(2) ● “Equipment” means machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house the machinery, utilities, or equipment; and all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents; and other related materials. 34 CFR § 300.14 ● "Evaluation" means procedures used to determine whether a child has a disability and the nature and extent of the special education and related services the child needs. 34 CFR § 300.15 ● "Extended school year services" means special education and related services that are provided to a child with a disability and meet the standards of the State of Wisconsin. These services are provided beyond the normal school year of the local educational agency, in accordance with the individualized education program (IEP), and at no cost to the parents of the child. 30 CFR § 300.106(b) ● "Free appropriate public education" means special education and related services that are provided at public expense and under public supervision and direction, and without charge, meet the standards of the Department of Public Instruction, include an appropriate preschool, elementary or secondary school education; and are provided in conformity with an IEP. 30 CFR § 300.17; Wis. Stat. § 115.76(7) ●
"General curriculum" means the same curriculum as for nondisabled children.
34 CFR § 300.320(a)(1)(i) ● "Hearing officer" means an independent examiner appointed to conduct due process hearings under Wis. Stat. § 115.80. Wis. Stat. § 115.76(8). ● "Highly Qualified Teacher" means that a person has met the Department of Public Instruction’s approved or recognized certification, licensing, registration in which he/she is providing special education or related services, consistent with provision 34 CFR § 300.18. ● “Homeless children” has the meaning given the term homeless children and youths in section 725 (42 U.S.C. 11434(a)) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq. See Appendix.
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Special Education Programs 34 CFR § 300.19 ● "Illegal drug" means a controlled substance but does not include such a substance that is legally possessed or used under the supervision of a licensed healthcare professional or that is legally possessed or used under any other authority under federal law. 34 CFR § 300.530(i)(2) ● "Include" means that the items named are not all of the possible items that are covered whether like or unlike the ones named. 34 CFR § 300.20 ● "Independent educational evaluation" means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question. 34 CFR § 300.502 ● "Individualized education program" (IEP) means a written statement for a child with a disability that is developed, reviewed and revised in accordance with Wis. Stat. § 115.787, and 34 CFR §§ 330.320 through 300.324. 34 CFR § 300.22; Wis. Stat. § 115.76(9) ● “IEP Team” means a group of individuals described in Wis. Stat. § 115.78 that is responsible for evaluating the child to determine the child’s eligibility or continued eligibility for special education and related services and the educational needs of the child; developing, reviewing, or revising an IEP for the child; and determining the special education placement for the child. 34 CFR § 300.23; Wis. Stat. § 115.78 ● “Limited English Proficiency” has the meaning given the term in section 9101 (25) of the Elementary and Secondary Education Act (ESEA). ●
"Local educational agency," except as otherwise provided, means ➢ the school district in which the child with a disability resides, ➢ when the child attends a nonresident school district under Wis. Stat. § 118.51 (open enrollment) or § 121.84(1)(a) or (4) (tuition waiver), the district of attendance; ➢ the Department of Health and Family Services if the child with a disability resides in an institution or facility operated by the Department of Health and Family Services; or ➢ the Department of Corrections if the child with a disability resides in a Type 1 secured correctional facility, as defined in Wis. Stat. § 938.02(19), or a Type 1 prison, as defined in Wis. Stat. § 301.01(5).
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Special Education Programs Wis. Stat. § 115.76(10) ● "Native language," for individuals with limited English proficiency, means the language normally used by that individual. For children with limited English proficiency, the term means the language normally used by the parents of the child, except that in all direct contact with a child (including evaluation of the child), the term means the language normally used by the child in the home or learning environment. For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual (such as sign language, Braille, or oral communication). 34 CFR § 300.29; Wis. Stat. §. 115.76(11) ● "Nonacademic and extracurricular services and activities" may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities and employment by the public agency and assistance in making outside employment available. 34 CFR § 300.107 ●
“Parent" means any of the following: ➢ a biological parent; ➢ a husband who has consented to the artificial insemination of his wife under Wis. Stat. §
891.40;
➢ a male who is presumed to be the child’s father under Wis. Stat. § 891.41; ➢ a male who has been adjudicated the child’s father under subch. VIII of ch. 48, under subch. IIX of ch. 767, by final order or judgment of an Indian tribal court of competent jurisdiction or by final order or judgment of a court of competent jurisdiction in another state; ➢ an adoptive parent; ➢ a legal guardian; ➢ a person acting as a parent of a child with whom the child lives; ➢ a person appointed as a sustaining parent under Wis. Stat. § 48.428; ➢ a person assigned as a surrogate parent under Wis. Stat. § 115.792(1)(a)2; and ➢ a foster parent, if the right and responsibility of all of the aforementioned individuals to make educational decisions concerning the child has been extinguished by termination of parental rights, by transfer of guardianship or legal custody or by other court order; the foster parent has an ongoing, long-term parental relationship with the child; the foster parent is willing to make educational decisions required of parents under special education law; and the foster parent has no interests that would conflict with the interests of the child. The biological or adoptive parent, when attempting to act as a parent of the child, must be presumed to be the parent unless that person does not have legal authority to make educational decisions for the child. 34 CFR § 300.30(b) "Parent" does not include any person whose parental rights have been terminated; the state, county, or a child welfare agency if a child was made a ward of the state, county, or child welfare agency under ch. 54 or 880 or if a child has been placed in the legal custody or guardianship of the state, county, or a child welfare agency under ch. 48 or ch. 767; or an American Indian tribal agency if the child was made a ward of the agency or placed in the legal custody or guardianship of the agency.
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Special Education Programs 34 CFR § 300.30; Wis. Stat. § 115.76(12) "Person acting as a parent of a child" means a relative of the child or a private individual allowed to act as a parent of a child by the child's biological or adoptive parents or guardian, and includes the child's grandparent, neighbor, friend or private individual caring for the child with the explicit or tacit approval of the child's biological or adoptive parents or guardian. "Person acting as a parent of a child" does not include any person that receives public funds to care for the child if such funds exceed the cost of such care. 34 CFR § 300.30(a)(4); Wis. Stat. § 115.76(13) ● "Participating agency," as used in the section on Confidentiality of Information in these policies, means any agency or institution that collects, maintains or uses personally-identifiable information, or from which information is obtained, under the Individuals with Disabilities Education Act. 34 CFR § 300.611(c) ● "Personally identifiable" means information that includes the name of the child, the child’s parent or other family member; the address of the child; a personal identifier such as the child’s social security number or student number; or a list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty. 34 CFR § 300.32 ● "Parentally-placed private school children with disabilities" are children with disabilities enrolled by their parents in private schools or facilities, including religious schools or facilities that meet the definition of elementary school or secondary school, other than children with disabilities placed or referred to private schools by public agencies. 34 CFR § 300.130 ● “Public Agency” includes the State Educational Agency, Local Educational Agency, Cooperative Educational Service Agency (CESA), charter schools operating under Wis. Stat. § 118.40(2r), county children with disabilities education board, and any other political subdivisions of the State that are responsible for providing education to children with disabilities. 34 CFR § 300.33 ● “Pupil Records” means all records relating to individual pupils maintained by a school but does not include: ➢ notes or records maintained for personal use by a teacher or other person to be licensed if such records or notes are not available to others; ➢ records necessary for, and available only to persons involved in, the psychological treatment of a pupil; and ➢ law enforcement unit records. Wis. Stat. § 118.125(1)(d) ● “Record” means any material on which written, drawn, printed, spoken, visual, or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.
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Special Education Programs Wis. Stat. § 118.125(1)(e) ● "Related services" means transportation and such developmental, corrective and other supportive services (including speech-language pathology and audiology services; interpreting services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; social work services; school health services; school nursing services designed to enable a child with a disability to receive a free appropriate public education as described in the child’s IEP; parent counseling and training; counseling services, including rehabilitation counseling; orientation and mobility services; medical services for diagnostic or evaluative purposes only; and the early identification and assessment of disabilities in children) as may be required to assist a child with a disability to benefit from special education. “Related services” does not include a medical device that is surgically implanted, the optimization of device functioning, maintenance of the device, or the replacement of such a device. Nothing in this definition limits the rights of a child with a surgically implanted device to receive related services as determined by the IEP Team to be necessary, limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, while the child is transported to and from school or is at school; or prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly. 34 CFR § 300.34; Wis. Stat. § 115.76(14) In this definition: ➢
"Audiology" includes: - identification of children with hearing loss; - determination of the range, nature, and degree of hearing loss including referral for medical or other professional attention for the habilitation of hearing; - provision of habilitative activities such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation and speech conservation; - creation and administration of programs for prevention of hearing loss; - counseling and guidance of pupils, parents and teachers regarding hearing loss; and - determination of the child's need for group and individual amplification, selecting and fitting an appropriate aid and evaluating the effectiveness of amplification.
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"Counseling services" means services provided by qualified social workers, psychologists, guidance counselors or other qualified personnel.
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"Early identification and assessment of disabilities in children" means the implementation of a formal plan for identifying a disability as early as possible in a child's life.
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“Interpreting services,” as used with respect to children who are deaf or hard of hearing, includes oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, and transcription services, and special interpreting services for children who are deaf-blind.
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"Medical services" means services provided by a licensed physician to determine a child's medically-related disability that results in the child's need for special education and related services.
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Special Education Programs ➢
"Occupational therapy" means services provided by a qualified occupational therapist, and includes: - improving, developing or restoring functions impaired or lost through illness, injury, or deprivation; - improving ability to perform tasks for independent functioning if functions are impaired or lost; and - preventing, through early intervention, initial or further impairment or loss of function.
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"Orientation and mobility services" means services provided to blind or visually impaired students by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community, and includes teaching students the following as appropriate: - spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (for example, using sound at a traffic light to cross the street); - to use the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision; - to understand and use remaining vision and distance low vision aids, as appropriate; and - other concepts, techniques, and tools.
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"Parent counseling and training" means assisting parents in understanding the special needs of their child and providing parents with information about child development, and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP. "Physical therapy" means services provided by a qualified physical therapist. "Psychological services" includes: - administering psychological and educational tests, and other assessment procedures; - interpreting assessment results; - obtaining, integrating, and interpreting information about child behavior and conditions relating to learning; - consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological tests, interviews, direct observations, and behavioral evaluations; - planning and managing a program of psychological services, including psychological counseling for children and parents; and - assisting in developing positive behavioral intervention strategies.
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"Recreation" includes: - assessment of leisure function; - therapeutic recreation services; - recreation programs in schools and community agencies; and - leisure education.
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Special Education Programs ➢
"Rehabilitation counseling services" means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with disabilities by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended.
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"School health services" means health services provided by a qualified school nurse or other qualified person that are designed to enable a child with a disability to receive FAPE as described in the child’s IEP.
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“School nurse services” mean health services provided by a qualified school nurse, designed to enable a child with a disability to receive FAPE as described in the child’s IEP.
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"Social work services in schools" includes: - preparing a social or developmental history on a child with a disability; - group and individual counseling with the child and family; - working in partnership with parents and others on those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school; - mobilizing school and community resources to enable the child to learn as effectively as possible in his or her educational program; and - assisting in developing positive behavioral intervention strategies.
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"Speech-language pathology services" include: - identification of children with speech or language impairments; - diagnosis and appraisal of specific speech or language impairments; - referral for medical or other professional attention necessary for the habilitation of speech or language impairments; - provision of speech and language services for the habilitation or prevention of communicative impairments; and - counseling and guidance of parents, children, and teachers regarding speech and language impairments.
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"Transportation" includes: - travel to and from school and between schools; - travel in and around school buildings; and - specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.
34 CFR § 300.34 ●
“Residential care center for children and youth” means a facility operated by a child welfare agency licensed under Wis. Stat. § 48.60 for the care and maintenance of children residing in that facility.
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Special Education Programs Wis. Stat. § 115.76(14g) ●
“Responsible Local Educational Agency:” as used in the section on children in residential care centers means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a residential care center for children and youth.
Except “responsible local educational agency” means the school district in which the residential care center for children and youth is located if before the placement of the child in a residential care center for children and youth, the children resided in an: institute or facility operated by the department of health and family services; a Type 1 juvenile correctional facility; or a Type 1 prison. Wis. Stat. § 115.81 ●
"School day" means any day, including a partial day that children are in attendance at school for instructional purposes. The term "school day" has the same meaning for all children in school, including children with and without disabilities.
34 CFR § 300.11 ●
“Scientifically-based research” has the meaning given the term in section 9101(37) of the ESEA. See Appendix.
34 CFR § 300.35 ●
"Secondary school" means a nonprofit institutional day or residential school including a public secondary charter school that provides secondary education for grades 9-12.
34 CFR § 300.36 ● “Serious bodily injury” has the meaning given the term “serious bodily injury’ under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code. 34 CFR § 300.530(i)(3). See Appendix. ● “Services plan” means a written statement that describes the special education and related services the school district will provide to a parentally-placed child with a disability enrolled in a private school located in the district, including the location of the services and any transportation necessary, consistent with 34 CFR §§ 300.132, 300.137-139. 34 CFR § 300.37 ● "Special education" means specially-designed instruction, regardless of where the instruction is conducted, that is provided at no cost to the child or the child’s parents, to meet the unique needs of a child with a disability, including: ➢ instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; ➢ instruction in physical education;
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Special Education Programs ➢ speech-language pathology services, or any other related service, if the service consists of specially-designed instruction and is considered special education rather than a related service under Wisconsin standards; ➢ travel training; and ➢ vocational education. The terms in the definition of special education are defined as follows: ➢ "At no cost" means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to non-disabled students or their parents as a part of the regular education program. ➢ "Physical education" means the development of: -
physical and motor fitness; fundamental motor skills and patterns; and skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports).
The term includes special physical education, adaptive physical education, movement education, and motor development. ➢
"Specially-designed instruction" means adapting content, methodology or delivery of instruction: -
➢
➢
to address the unique needs of an eligible child that result from the child's disability; and to ensure access of the child to the general curriculum, so that he or she can meet the educational standards within the jurisdiction of the local educational agency that apply to all children. "Travel training" means providing instruction, as appropriate, to children with significant cognitive disabilities and any other children with disabilities who require this instruction to enable them to develop an awareness of the environment in which they live and learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community). "Vocational education" means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment or for additional preparation for a career requiring other than a baccalaureate or advanced degree.
34 CFR § 300.39; Wis. Stat. § 115.76(15) ● "Supplementary aids and services" mean aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings to enable a child with a disability to be educated with non-disabled children to the maximum extent appropriate. 34 CFR § 300.42, 115.76(16) ● A "transfer pupil with a disability" means a child with a disability under the Individuals with Disabilities Education Act whose residence has changed from a local educational agency in this state to another local educational agency in this state or from a public agency in another state to a local educational agency in this state.
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Special Education Programs Wis. Admin. Code § PI 11.07 ●
"Transition services" means a coordinated set of activities for a child with a disability that:
➢ is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including: -
postsecondary education, vocational education, integrated employment (including supported employment) continuing and adult education adult services independent living, or community participation
➢ is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and includes: -
instruction; related services; community experiences; the development of employment and other post-school adult living objectives; and if appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.
34 CFR § 300.43 ● “Universal Design” has the meaning given the term in section 3 of the Assistive Technology Act of 1998, as amended, 29 U.S.C. 3002. 34 CFR § 300.44 See Appendix. ● "Weapon" has the meaning given the term “dangerous weapon” under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code. 34 CFR § 300.530(i)(4) See Appendix. Full Educational Opportunity Goal It is the goal of the local educational agency to provide full educational opportunity to all children with disabilities in the area served by the local educational agency. The local educational agency has available to all of its children with disabilities the variety of educational programs and services available to non-disabled children in the local educational agency, including: art, music, industrial arts, consumer and homemaking education, and vocational education or any program or activity in which non-disabled children participate. The local educational agency provides supplementary aids and services determined appropriate and necessary by the child’s IEP Team, to ensure that children with disabilities have an equal opportunity to participate in nonacademic and extracurricular services and activities. 34 CFR §§ 300.107, 300.109; 300.110; 300.201
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Special Education Programs Free Appropriate Public Education GENERAL. All children with disabilities for whom the local educational agency is responsible are provided a free appropriate public education. Special education and related services are provided to these children with disabilities, including, as required by 34 CFR § 300.530(d), children with disabilities who have been suspended or expelled from school. Children with disabilities entitled to a free appropriate public education are children age three, but not yet 21 who have not graduated from high school with a regular high school diploma and, for the duration of a school term, persons who become 21 years old during that school term and who have not graduated from high school with a regular diploma. A regular high school diploma does not include an alternative degree that is not fully aligned with the State’s academic standards, such as a certificate or a general educational development credential (GED). The special education and related services provided to children addresses all of their special education and related services needs and are provided by personnel qualified as required by 34 CFR § 300.156. 34 CFR § 300.101(a); 34 CFR § 300.102(a)(3)(iv); 34 CFR § 300.156; Wis. Stat. § 115.76(3) The local educational agency provides prior written notice of a change in placement consistent with the requirements in the law when a child with a disability graduates from high school with a regular diploma. Additionally for those students who graduate from high school with a regular diploma as well as students who exceed the age of eligibility, the local educational agency provides a summary of their academic achievement and functional performance, including recommendations on how to assist the child in meeting the child’s postsecondary goals. 34 CFR § 300.102(a)(3)(iii); 300.305(e)(3) The local educational agency ensures that an IEP is in effect for each eligible child no later than the child's third birthday. If the child's third birthday occurs during the summer, the child's IEP team determines when the IEP services will begin. 34 CFR § 300.101(b) If a placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, is provided at no cost to the parents of the child. 34 CFR § 300.104 The local educational agency admits a nonresident child if the program is appropriate for the child's disability. When a resident child is refused admittance to another local educational agency, the resident local educational agency ensures that a free appropriate public education is provided to the child. When board and lodging are not furnished to a nonresident child with a disability, the resident local educational agency provides transportation, except as provided in Wis. Stat. § 115.82(2)(a) and (b). Wis. Stat. § 115.82 After a child with a disability has been removed from his or her current placement for ten school days in the same school year, for any subsequent removal, the local educational agency provides services, although in another setting, so as to enable the child to continue to participate in the general education curriculum and to progress toward meeting the goals set out in the child’s IEP. In such a case, school personnel, in consultation with at least one of the child’s teachers, determine the extent of the services. When there is a change of placement, the IEP team determines the appropriate services. 34 CFR § 300.530(d)
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Special Education Programs HEARING AIDS AND EXTERNAL COMPONENTS OF SURGICALLY IMPLANTED MEDICAL DEVICES. The local educational agency ensures that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly. The local educational agency ensures that the external components of surgically implanted medical devices are functioning properly, but is not responsible for the post-surgical maintenance, programming, or replacement of the medical devices that has been surgically implanted, or of an external component of the surgically implanted medical device. 34 CFR § 300.113 PHYSICAL EDUCATION. Physical education services, specially designed if necessary, are made available to every child with a disability unless the LEA does not provide physical education to children without disabilities in the same grades. Each child with a disability is afforded the opportunity to participate in regular physical education programs available to non-disabled children unless the child is enrolled full time in a separate facility, or the child needs specially-designed physical education as prescribed in the child’s IEP. If specially-designed physical education is prescribed in a child’s IEP, the local educational agency provides the services directly or makes arrangements for those services to be provided through other public or private programs. The local educational agency ensures that a child with a disability who is enrolled in a separate facility receives appropriate physical education services in compliance with the law. 34 CFR § 300.108 ASSISTIVE TECHNOLOGY. The local educational agency makes available assistive technology devices or assistive technology services, or both, to a child with a disability if required as part of the child’s special education, related services, or supplementary aids and services. If a child's IEP team determines that access to school-purchased assistive technology devices or services in the child's home or in other settings is necessary for the child to receive a free appropriate public education, the devices or services are provided. 34 CFR § 300.105 EXTENDED SCHOOL YEAR. The local educational agency ensures that extended school year services are available to each child with a disability as necessary to provide a free appropriate public education. Extended school year services are provided when a child's IEP team determines, on an individual basis, that the services are necessary for the provision of a free appropriate public education to the child. The local educational agency does not limit extended school year services to particular categories of disability, or unilaterally limit the type, amount, or duration of those services. 34 CFR § 300.106 PARTICIPATION IN ASSESSMENTS. Children with disabilities attending this local educational agency are included in all state-wide and district-wide assessment programs with appropriate accommodations. Those children who cannot participate in state-wide or district-wide assessments participate in alternate assessments. Needed accommodations or alternate assessments are identified by the IEP team and are specified in the child’s IEP. 20 U.S.C 1412(a)(16); Wis. Stat. § 115.77(1m)(bg)
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Special Education Programs METHODS OF ENSURING A FREE APPROPRIATE PUBLIC EDUCATION. If a public agency, other than an educational agency, fails to meet its obligation under federal or state law or under state policy or interagency agreement to provide or pay for any services that are also considered special education and related services that are necessary for ensuring a free appropriate public education to a child, the local educational agency provides or pays for these services to the child in a timely manner. 34 CFR § 300.154(b)(2) When the local educational agency uses Medicaid or other public insurance benefits programs in which a child participates to provide or pay for special education and related services necessary for the child to receive a free appropriate public education as permitted under the public insurance program, the local educational agency obtains parent consent each time access to public benefits or insurance is sought. Furthermore, the local educational agency does not: ● require parents to sign up for or enroll in public insurance programs in order for their child to receive a free appropriate public education under Part B of the Act; ● require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for special education and related services; or ●
use a child's benefits under a public insurance program if that use would: ➢ decrease available lifetime coverage or any other insured benefit, ➢ result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school, ➢ increase premiums or lead to the discontinuation of benefits or insurance or ➢ risk loss of eligibility for home and community-based waivers based on aggregate health-related expenditures.
Each time the local educational agency proposes to access the proceeds of a parents' private insurance to provide services necessary for the child to receive a free appropriate public education, the local educational agency: ●
obtains informed parent consent; and
● informs the parents that their refusal to permit the local educational agency to access their private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents. 34 CFR § 300.154 The local educational agency timely provides instructional materials in accessible formats to children who are blind, children with print disabilities, or other children with disabilities as required in the child’s IEP.
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Special Education Programs 34 CFR § 300.210 Except for the circumstances provided for in Wis. Stat. § 118.51(12)(a)&(b)2 of the Full-Time Open Enrollment law, if a non-resident child with a disability is attending the local educational agency under the Full-Time Open Enrollment law, the local educational agency provides an educational placement for the child. If tuition charges are required by the placement, the local educational agency pays tuition charges instead of the resident school district. Wis. Stat. § 115.79(1)(b) Public Information The local educational agency regularly publicizes information about its special education procedures and services. Further, the local educational agency makes available to any person, upon request, all documents relating to the local educational agency’s eligibility for state and federal special education funds. 34 CFR § 300.212; Wis. Stat. § 115.77(1m)(g) and (h) If the local educational agency receives a notice from the Department of Public Instruction that it is in noncompliance with respect to state or federal special education law and the Department of Public Instruction is proposing to reduce or withhold any further payments to the local educational agency until the Department of Public Instruction is satisfied that the local educational agency is complying with that requirement, the local educational agency gives public notice of the pending state actions. 34 CFR § 300.222(b) Child Find GENERAL. The local educational agency identifies, locates, and evaluates all children with disabilities, regardless of the severity of their disability, who are in need of special education and related services, including children attending private schools, children who are made a ward of the state, county, or child welfare agency under chapter 54 or 880, children who are not yet three years of age, highly mobile children such as migrant and homeless children, and children who are suspected of being a child with a disability even though they are advancing from grade to grade. 34 CFR § 300.111; Wis. Stat. § 115.77(1m)(a) REFERRAL. The local educational agency accepts and processes referrals of children suspected to have a disability. The local educational agency has written procedures for accepting and processing referrals. Licensed school personnel who reasonably believe a child has a disability are required to make a referral. Prior to submitting a referral, the people required to make referrals inform the parents of their intent to make a referral. If this local educational agency receives a referral for a child who is attending this local educational agency under the Full-Time Open Enrollment law or a tuition waiver under Wis. Stat. § 121.84(1)(a) or (4), the local educational agency provides the name of the child and related information to the local educational agency of residence. Whenever this local educational agency receives a referral for a resident child attending school in another local educational agency under the Full-Time Open Enrollment law or a tuition waiver under Wis. Stat. § 121.84(1)(a) or (4), this local educational agency provides the name of the child and related information to the local educational agency of attendance.
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Special Education Programs The local educational agency accepts written referrals. Each referral includes the name of the child and reasons why the person making the referral believes that the child is a child with a disability. The local educational agency documents and dates the receipt of each referral. At least annually, the local educational agency informs parents and persons required by law to make referrals about the local educational agency's referral and evaluation procedures. The local educational agency provides information and inservice opportunities for its licensed staff to familiarize them with the local educational agency’s referral procedures. Wis. Stat. § 115.777 IEP Team The local educational agency establishes an IEP team for each child referred to the local educational agency. PARTICIPANTS. The IEP team for each child consists of all of the following: ● ● ● ●
● ●
the parents of the child; at least one regular education teacher of the child if the child is, or may be, participating in a regular education environment; at least one special education teacher who has recent training or experience related to the child's known or suspected area of special education needs or, where appropriate, at least one special education provider of the child; a representative of the local educational agency: ➢ who is qualified to provide or supervise the provision of special education, ➢ who is knowledgeable about the general education curriculum, and ➢ who is knowledgeable about and authorized to commit the available resources of the local educational agency (who may be another member of the IEP team if the criteria are met); an individual who can interpret the instructional implications of evaluation results, who may otherwise be a team member; an appropriate therapist if the child is suspected to need occupational therapy or physical therapy or both.
Wis. Admin. Code § PI 11.24 ●
a department-licensed speech or language pathologist when documenting a speech or language impairment and the need for speech or language services.
Wis. Admin. Code § PI 11.36(5)(e) ●
at the discretion of the parent or local educational agency, other individuals who have knowledge or special expertise about the child, including related services personnel as appropriate. The determination of the individual's knowledge or special expertise is made by the party (parents or public local educational agency) who invited the individual to be a member of the IEP team;
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Special Education Programs ● ●
whenever appropriate, the child; at least one person designated by the school board of the child’s school district of residence who has knowledge or special expertise about the child when the student is attending a public school in a nonresident school district under Full-Time Open Enrollment Law, or a tuition waiver under Wis. Stat. § 121.84(1)(a) or (4),
In addition to the above members, the local educational agency invites the following: ● ●
●
To the extent appropriate, a representative of any participating agency that is likely to be responsible for providing or paying for transition services, if the parents or the child who has reached the age of majority provides consent; and The student, when the purpose of the meeting will be consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals. If the student does not attend the IEP Team meeting, the local educational agency takes other steps to ensure consideration of the student’s preferences and interests. If requested by the parent, at the initial IEP Team meeting for a child previously served under Part C, the Part C service coordinator or other representatives of the Part C System will be invited.
34 CFR § 300.321; Wis. Stat. § 115.78; PI 11.24(2) IEP TEAM ATTENDANCE An IEP Team member is not required to attend an IEP Team meeting, in whole, or in part, if the parent of a child with a disability and the local educational agency agree, in writing, the attendance is not necessary because the member’s area of curriculum or related services is not being modified or discussed. An IEP Team member may be excused from attending an IEP Team meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of curriculum or related services, if the parent, in writing, and the local educational agency consent to the excusal, and the member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior the meeting. 34 CFR § 300.321(e); Wis. Stat. § 115.78(5) PARENT PARTICIPATION IN IEP TEAM MEETINGS. The local educational agency takes steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including: ● ●
notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and scheduling the meeting at a mutually agreed on time and place.
The notice required in this policy: ● indicates the purpose, time, and location of the meeting and who will be in attendance; informs the parents of the provisions in these policies relating to the participation of other individuals on the IEP team who have knowledge or special expertise about the child; and
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informs the parents that they can request the Part C coordinator or other representatives of the Part C system be at the initial IEP Team meeting for a child previously served under Part C of IDEA.
Beginning no later than in the first IEP that will be in effect when the child is 14, the notice also: ●
indicates that a purpose of the meeting is the consideration of the postsecondary goals and transition services for the child; indicates that the local educational agency will invite the student; and identifies any other agency that will be invited to send a representative.
● ●
If neither parent can attend, the local educational agency uses other methods to ensure parent participation, including individual or conference calls. The local educational agency may conduct meetings without a parent in attendance if the local educational agency is unable to convince the parents that they should attend. In this case the local educational agency has a record of its attempts to arrange a mutually agreed on time and place, such as: ● ● ●
detailed records of telephone calls made or attempted and the results of those calls; copies of correspondence sent to the parents and any responses received; and detailed records of visits made to the parent's home or place of employment and the results of those visits.
The local educational agency takes whatever action is necessary to ensure that the parent understands the proceedings at the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English. Subject to the timeline requirements contained in this policy, if the parents of the child or the local educational agency staff determine at any meeting during the process of the evaluation, development of the IEP or placement of the child that additional time is needed to permit meaningful parental participation, the local educational agency provides it. Upon request, the local educational agency provides a copy of the most recent evaluation report to the child’s parents at any meeting of the IEP team. The local educational agency gives the parent a copy of the child's IEP at no cost to the parent. 34 CFR § 300.322; Wis. Stat. §§ 115.787(2)(g) and 115.78(3)(d) IEP TEAM DUTIES. The IEP team does all of the following: ● evaluates the child to determine the child’s eligibility or continued eligibility for special education and related services, and the educational needs of the child; ●
develops an IEP for the child; and
●
determines the special education placement for the child.
34 CFR § 300.324(a); Wis. Stat. § 115.78
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Special Education Programs TIMELINE. Within 15 business days of receiving a referral, the local educational agency sends to the child’s parents a request for consent to evaluate the child except that if the local educational agency determines that no additional data are necessary, the local educational agency notifies the child’s parent of that determination within 15 business days of receiving the referral. The local educational agency determines if a child is a child with a disability within 60 days after receiving parental consent for the evaluation or provides notice that no additional data are needed. The 60-day period does not apply: ● if the child transfers into this local educational agency before the previous local educational agency has made
an eligibility determination, sufficient progress is being made to ensure a prompt completion of the evaluation, and the child’s parents agree to a specific time when the evaluation will be completed; ● if the child’s parent repeatedly fails or refuses to produce the child for the evaluation; or ● if a child is being evaluated for a specific learning disability and the timeline is extended by mutual written agreement of the child’s parents and IEP team. The local educational agency conducts a meeting to develop an IEP and determine placement within 30 days of a determination that a child is a child with a disability. If the parents of the child or local educational agency staff determine at any meeting during the process of evaluation, development of the IEP, or determination of placement that additional time is needed to permit meaningful parent participation, the local educational agency provides it. 34 CFR §§ 301, 323, 300.309(c); Wis. Stat. §§ 115.777(3)(e), 115.78 Evaluation GENERAL. As part of an initial evaluation of a child and as part of any reevaluation of a child, the IEP team and other qualified professionals, as determined by the local educational agency: ● reviews existing evaluation data on the child, including evaluations and information provided by the child's parents, previous interventions and the effects of those interventions, current classroom-based, local, or state assessments, classroom-based observations, and observations by teachers and related services providers; and ● on the basis of that review and information provided by the child's parents, identifies the additional data, if any, that are needed, to determine: ➢ whether the child has a particular category of disability and the educational needs of the child or, in case of a reevaluation of a child, whether the child continues to have such a disability and the educational needs of the child; ➢ the present levels of academic achievement and related developmental needs of the child; ➢ whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and ➢ whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable, annual goals specified in the child's IEP and to participate, as appropriate, in the general education curriculum.
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The local educational agency administers such assessment and other evaluations as may be needed to produce the additional data.
●
The review of existing evaluation data on the child may occur without conducting a meeting.
34 CFR § 300.305; Wis. Stat. § 115.782(2)(b) The local educational agency does not require parental consent before reviewing existing data as part of an evaluation or reevaluation or administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, the local educational agency requires consent for all children. 34 CFR § 300.300(d)(1) Screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation is not considered to be an evaluation for eligibility for special education and related services. 34 CFR § 300.302 The local educational agency provides the parents of the child with proper written notice, of any evaluation procedures the agency proposes to conduct, and the names of the individuals who will conduct the evaluation, if known. 34 CFR § 300.304(a); Wis. Stat. § 115.782(1)(a) INITIAL EVALUATIONS The local educational agency obtains informed consent from the child's parent before administering assessments or other evaluation materials to the child. Parental consent for the evaluation does not constitute consent for placement for receipt of special education and related services. 34 CFR § 300.300(a); Wis. Stat. § 115.782(1)(b) If the child is a ward of the state and is not residing with the child’s parent, the local educational agency is not required to obtain informed consent from the parent for an initial evaluation if: the local educational agency cannot, after reasonable efforts, locate the parent of the child; the rights of the parents of the child have been terminated in accordance with state law; or, the rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child. 34 CFR § 300.300(a)(2) If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for an initial evaluation or fails to respond to a request to provide consent, the local educational agency may, but is not required to, pursue the initial evaluation by utilizing mediation or due process. 34 CFR § 300.300(a)(3)
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Special Education Programs If a parent of a child who is home schooled or parentally placed in a private school does not provide consent, or the parent fails to respond to a request to provide consent, the local educational agency cannot use mediation or due process and is not required to consider the child as eligible for services. 34 CFR § 300.300(d)(4) The local educational agency does not use a parent’s refusal to consent to activities relating to conducting an initial evaluation to deny the parent or child any other service, benefit, or activity of the local educational agency. 34 CFR § 300.300(d)(3) IEP TEAM DETERMINATION OF ELIGIBILITY OR CONTINUING ELIGIBILITY (INITIAL AND REEVALUATION). Following a review of existing data and administration of assessments and other evaluation materials (if any), the IEP team determines whether the child is or continues to be a child with a disability. For a child who does not otherwise meet the eligibility criteria under state law, the IEP team does not determine that the child is a child with a disability solely because the child has received inappropriate instruction in reading or math or because the child has limited proficiency in English. In interpreting evaluation data for the purpose of determining if a child is a child with a disability, and the educational needs of the child, the local educational agency draws upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior. The local educational agency ensures that information obtained from all of these sources is documented and carefully considered. 34 CFR § 300.306 REEVALUATION. In conducting reevaluations, the IEP team: ● evaluates a child with a disability in accordance with the law before determining that the child is no longer a child with a disability, and ● reevaluates a child with a disability in accordance with the law if the local educational agency determines that the educational or related services needs of the child, including the child’s academic and functional performance, warrant a reevaluation or if the child’s parent or teacher requests a reevaluation. The IEP team shall reevaluate a child no more than once a year unless the child’s parents and the local educational agency agree otherwise, and at least once every 3 years unless the child’s parent and local educational agency agree that a reevaluation is unnecessary. 34 CFR §§ 300.303, 300.305(e)(1); Wis. Stat. § 115.782(4) An evaluation is not required before the termination of a child’s eligibility for special education and related services because he or she graduated from secondary school with a regular diploma or because he or she reached the age of 21. Under these circumstances, the local educational agency provides the child with a summary of the child’s academic achievement and functional performance, including recommendations on how to assist the child in meeting his or her postsecondary goals. 34 CFR § 300.305(e)(2) and (3); Wis. Stat. § 115.782(4)
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Special Education Programs In conducting a reevaluation, the local educational agency obtains informed consent from the child’s parent before administering new assessments and other evaluation materials. The local educational agency proceeds without consent only if the local educational agency has taken reasonable measures to obtain the consent and the child’s parents have failed to respond. Reasonable measures are the measures required for conducting an IEP meeting without a parent in attendance. If the parent of a child enrolled in public school or seeking to be enrolled in public school refuses to provide consent, the local educational agency is not required to pursue the reevaluation, but may pursue the reevaluation by utilizing mediation or due process. If a parent of a child who is home schooled or parentally placed in a private school refuses or fails to respond to a request for consent for a reevaluation, the local educational agency cannot use mediation or due process, and is not required to consider the child as eligible for services. 34 CFR § 300.300(c) and (d); Wis. Stat. § 115.782(4)(b) If the IEP team and other qualified professionals, as appropriate, finds no additional information is needed to determine whether a child continues to be a child with a disability, and to determine the child’s educational needs, the local educational agency notifies the child’s parents of that finding and the reasons for it, and that the parent has a right to request an assessment to determine whether the child continues to have a disability, and to determine the child’s educational needs. The local educational agency conducts such an assessment if the parent requests it. 34 CFR § 300.305(d); Wis. Stat. § 115.782(4)(c) EVALUATION REPORT When the IEP team determines a child’s eligibility, the team prepares an evaluation report that includes documentation of the determination of eligibility. The local educational agency gives a copy of the evaluation report and the documentation of determination of eligibility at no cost to the child’s parents. 34 CFR § 300.306(a); Wis. Stat. § 115.782(3)(b) EVALUATION SAFEGUARDS. When a local educational agency evaluates a child with a disability, the IEP team: ● does not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child; ● uses a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the child's parent, that may assist in determining whether the child is a child with a disability and the content of the child's IEP, including information related to enabling the child to be involved in and progress in the general education curriculum or, for preschool children, to participate in appropriate activities; ● uses technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors; and
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ensures all of the following: ➢ assessments and other evaluation materials used to assess a child are selected and administered so as not to be racially or culturally discriminatory and are provided and administered in the child's native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do, academically, developmentally, and functionally, unless it is clearly not feasible to do so; ➢ any assessments given to the child have been validated for the specific purpose for which they are used, are administered by trained and knowledgeable personnel and are administered in accordance with any instructions provided by the producer of such assessments or evaluation materials; ➢ the child is assessed in all areas of suspected disability; including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities; and ➢ assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are used.
34 CFR § 300.304; Wis. Stat. §§ 115.782(2) and 3(b), ➢ The evaluation report includes documentation of determination of eligibility for special education. A copy of the evaluation report, including the documentation of eligibility is given to the child’s parents. In evaluating each child with a disability, the evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs whether or not commonly linked to the disability category in which the child has been classified. 34 CFR § 300.304 (c)(6)-(7) The local educational agency ensures assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those designed to provide a single general intelligence quotient. 34 CFR § 300.304(c)(2) The local educational agency ensures assessments are selected and administered so as best to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual or speaking skills (unless those skills are the skills the test purports to measure). 34 CFR § 300.304(c)(3)
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Special Education Programs ADDITIONAL REQUIREMENTS FOR SPECIFIC LEARNING DISABILITIES. When a school begins to use data from a multi-level system of support to consider if the student meets the Insufficient Progress criterion, the IEP team shall include the following additional members:
at least one licensed person who is qualified to assess data on individual rate of progress using a psychometrically valid and reliable methodology; at least one licensed person who has implemented scientific, research-based or evidence-based, intensive interventions with the referred pupil at least one licensed person who is qualified to conduct individual diagnostic evaluations of children; and if the child does not have a licensed general education teacher, a general education classroom teacher licensed to teach a child of the same age, or for a child of less than school age, an individual qualified by the Department of Public Instruction to teach a child of his or her age.
PI 11.36(6) For a child suspected of having a specific learning disability, the documentation of the determination of eligibility shall include:
§ § §
whether the child has a specific learning disability; the basis for making that determination, including an assurance that the eligibility determination was based on a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child’s physical condition, social or cultural background, and adaptive behavior; and that the information obtained from all of these sources is documented and carefully considered; the relevant behavior, if any, noted during observation of the child and the relationship of that behavior to the child’s academic functioning in the area of potential specific learning disability; documentation that the intensive intervention was applied in a manner highly consistent with its design, was closely aligned to pupil need, and was culturally appropriate; the educationally relevant medical findings, if any; whether the child does not achieve adequately for the child’s age or to meet state approved grade-level standards and the child does not make sufficient progress to meet age or State-approved grade-level standards; or until November 30, 2013, the child exhibits a significant discrepancy between the child's academic achievement in any of the eight areas of potential specific learning disabilities and intellectual ability. the determination of the team concerning the effects of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child’s achievement level; and if the child has participated in a process that assesses the child’s response to scientific, research-based intervention, documentation that the child's parents were notified about the following:
the progress monitoring data collected; strategies for increasing the child's rate of learning including the intensive interventions used, and the parents' right to request an evaluation.
Each IEP team member certifies in writing whether the report reflects his or her conclusion. If the evaluation report does not reflect the IEP team member’s conclusions, the member submits a separate statement presenting his or her conclusions. PI 11.36(6)
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Special Education Programs Determination of Eligibility An evaluation conducted by an IEP team under Wis. Stat. § 115.782, shall focus on the consideration of information and activities that assist the IEP team in determining the educational needs of the child. Specifically, the IEP team shall meet the evaluation criteria specified under Wis. Stat. § 115.782(2)(a), when conducting tests and using other evaluation materials in determining a child’s disability. Wis. Admin. Code § PI 11.35(1) A child shall be identified as having a disability if the IEP team has determined from an evaluation conducted under Wis. Stat. § 115.782, that the child has an impairment under Wis. Admin. Code § PI 11.36 that adversely affects the child’s educational performance, and the child, as a result thereof, needs special education and related services. As part of an evaluation or reevaluation under Wis. Stat. § 115.782, conducted by the IEP team in determining whether a child is or continues to be a child with a disability, the IEP team shall identify all of the following: ● The child’s needs that cannot be met through the regular education program as structured at the time the
evaluation was conducted. ● Modifications, if any, that can be made in the regular education program, such as adaptation of content,
methodology or delivery of instruction to meet the child’s needs identified by the IEP team that will allow the child to access the general education curriculum and meet the educational standards that apply to all children. ● Additions or modifications, if any, the child needs which are not provided through the general education curriculum, including replacement content, expanded core curriculum and other supports. Wis. Admin. Code § PI 11.35 A child will not be determined to be a child with a disability if: ●
The determinant factor for that determination is
➢ Lack of appropriate instruction in reading, including the essential components of reading instruction as defined in 20 USC 6368(3); or ➢ Lack of appropriate instruction in math; or ➢ Limited English proficiency; and, ●
The child does not otherwise meet the eligibility criteria.
34 CFR § 300.306(b); Wis. Stat. § 115.782(3)(a) Areas of Impairment All provisions in these policies shall be construed consistent with 20 USC 1400 et. Seq. and the regulations promulgated thereunder. Wis. Admin. Code § PI 11.36 AUTISM. Wis. Admin. Code § PI 11.36(8) Autism means a developmental disability significantly affecting a child’s social interaction and verbal and nonverbal communication, generally evident before age 3 that adversely affects learning and educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements,
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Special Education Programs resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not apply if a child's educational performance is adversely affected primarily because the child has an emotional behavioral disability as defined in Wis. Admin. Code § PI 11.36(7). The results of standardized or norm-referenced instruments used to evaluate and identify a child under this paragraph may not be reliable or valid. Therefore, alternative means of evaluation, such as criterion-referenced assessments, achievement assessments, observation and work samples shall be considered to identify a child under this paragraph. Augmentative communication strategies, such as facilitated communication, picture boards or signing shall be considered when evaluating a child under this paragraph. To identify a child as a child with autism, the criteria under 1. and 2. and one or more criteria under 3. through 6. shall be met. 1.
The child displays difficulties or differences or both in interacting with people and events. The child may be unable to establish and maintain reciprocal relationships with people. The child may seek consistency in environmental events to the point of exhibiting rigidity in routines.
2.
The child displays problems which extend beyond speech and language to other aspects of social communication, both receptively and expressively. The child's verbal language may be absent or, if present, lacks the usual communicative form which may involve deviance or delay or both. The child may have a speech or language disorder or both in addition to communication difficulties associated with autism.
3.
The child exhibits delays, arrests, or regressions in motor, sensory, social or learning skills. The child may exhibit precocious or advanced skill development, while other skills may develop at normal or extremely depressed rates. The child may not follow normal developmental patterns in the acquisition of skills.
4. The child exhibits abnormalities in the thinking process and in generalizing. The child exhibits strengths in concrete thinking while difficulties are demonstrated in abstract thinking, awareness and judgment. Perseverant thinking and impaired ability to process symbolic information may be present. 5. The child exhibits unusual, inconsistent, repetitive or unconventional responses to sounds, sights, smells, tastes, touch or movement. The child may have a visual or hearing impairment or both in addition to sensory processing difficulties associated with autism. 6. The child displays marked distress over changes, insistence on following routines and a persistent preoccupation with or attachment to objects. The child's capacity to use objects in an age-appropriate or functional manner may be absent, arrested or delayed. The child may have difficulty displaying a range of interests or imaginative activities or both. The child may exhibit stereotyped body movements. INTELLECTUAL DISABILITY. Wis. Admin. Code § PI 11.36(1) Intellectual disability means significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social, and practical adaptive skills and manifested during the developmental period that adversely affects the child’s educational performance. The IEP team may identify a child as having an intellectual disability if the child meets the following criteria: 1. The child has a standard score of 2 or more standard deviations below the mean on an individually administered intelligence test which takes into account the child’s mode of communication and is developed to assess intellectual functioning using this mode. More than one intelligence test may be used to produce a comprehensive result.
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Special Education Programs 2. The child has significant limitations in adaptive behavior that are demonstrated by a standards score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments that include interviews of the parents, tests, and observations of the child in adaptive behavior which are relevant to the child’s age, including at least one of the following: a. b. c. d.
Conceptual skills; Social adaptive skills; Practical adaptive skills; or An overall composite score on a standardized measure of conceptual, social, and practical skills.
3.a. The child is age 3 through 5 and has a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments, in the following areas: language development and communication, cognition, and general knowledge. 1. The child is age 6 through 21 and has a standard score of 2 or more standard deviations below the mean on standardized or nationally-normed measures, as measured by comprehensive, individual assessments, in general information and at least 2 of the following areas: written language, reading, and mathematics. When it is determined that reliable and valid assessment results are not possible due to the child’s functioning level or age, a standardized developmental scale or a body of evidence including informal measures shall be used to assess the child. Upon re-evaluation, a child who met identification criterial for cognitive disability prior to September 1, 2015, and continues to demonstrate a need for special education under s. PI 11.35 (2), including specially designed instruction, is a child with a disability under this section. NOTE: Intellectual disabilities typically manifest before age 18. An etiology should be determined when possible, so the IEP team can use this information for program planning. EMOTIONAL BEHAVIORAL DISABILITY. Wis. Admin. Code § PI 11.36(7) Emotional behavioral disability, pursuant to Wis. Stat. § 115.76(5)(a)5, means social, emotional or behavioral functioning that so departs from the generally accepted, age appropriate ethnic or cultural norms that it adversely affects a child’s academic progress, social relationships, personal adjustment, classroom adjustment, self-care or vocational skills. The IEP team may identify a child as having an emotional behavioral disability if the child meets the preceding definition and meets all of the following: ● The child demonstrates severe, chronic and frequent behavior that is not the result of situational anxiety, stress or conflict. ● The child’s behavior described under par.(a) occurs in school and in at least one other setting. ● The child displays any of the following:
➢ Inability to develop or maintain satisfactory interpersonal relationships. ➢ Inappropriate affective or behavioral response to a normal situation. ➢ Pervasive unhappiness, depression, or anxiety. ➢ Physical symptoms, pains or fears associated with personal or school problems. ➢ Inability to learn that cannot be explained by intellectual, sensory, or health factors. ➢ Extreme withdrawal from social interactions. ➢ Extreme aggressiveness for long period of time.
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Special Education Programs ➢ Other inappropriate behaviors that are so different from children of similar age, ability, educational experiences and opportunities that the child or other children in a regular or special education program are negatively affected. The IEP team shall rely on a variety of sources of information, including systematic observations of the child in a variety of educational settings and shall have reviewed prior, documented interventions. If the IEP team knows the cause of the disability under this paragraph, the cause may be, but is not required to be, included in the IEP team’s written evaluation summary. The IEP team may not identify or refuse to identify a child as a child with an emotional behavioral disability solely on the basis that the child has another disability, or is socially maladjusted, adjudged delinquent, a dropout, chemically dependent, or a child whose behavior is primarily due to cultural deprivation, familial instability, suspected child abuse or socio-economic circumstances, or when medical or psychiatric diagnostic statements have been used to describe the child’s behavior. HEARING IMPAIRMENT. Wis. Admin. Code § PI 11.36(4) Hearing impairment, including deafness, means a significant impairment in hearing, with or without amplification, whether permanent or chronically fluctuating, that significantly adversely affects a child’s educational performance including academic performance, speech perception and production, or language and communication skills. A current evaluation by an audiologist licensed under Wis. Stat. ch. 459 shall be one of the components for an initial evaluation of a child with a suspected hearing impairment. SPECIFIC LEARNING DISABILITY. Wis. Admin. Code § PI 11.36(6) Specific learning disability, means a disorder in one or more of the basic psychological processes involved in understanding or using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or perform mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, motor disabilities, intellectual disabilities, emotional disturbance, cultural factors, environmental, or economic disadvantage. The IEP team may identify a child as having a specific learning disability if both of the following apply: 1. Inadequate Classroom Achievement Upon initial identification, the child does not achieve adequately for his or her age, or meet state-approved grade-level standards in one or more of the following eight areas of potential specific learning disabilities when provided with learning experiences and instruction appropriate for the child's age: oral expression, listening comprehension, written expression, basic reading skill, reading fluency skills, reading comprehension, mathematics calculation, and mathematics problem solving. A child's achievement is inadequate when the child's score, after intensive intervention, on one or more assessments of achievement is equal to or more than 1.25 standard deviations below the mean in one or more of the eight areas of potential specific learning disabilities. Assessments shall be individually administered, norm-referenced, valid, reliable, and diagnostic of impairment in the area of potential specific learning disabilities. The 1.25 standard deviation requirement may not be used if the IEP team determines that the child cannot attain valid and reliable standard scores for academic achievement because of the child's test behavior, the child's language proficiency, an impairment of the child that interferes with the attainment of valid and reliable scores, or the absence of individually administered, norm-referenced, standardized, valid, and reliable diagnostic assessments of achievement appropriate for the child's age. If the IEP team makes such a determination, it shall document the reasons why it was not appropriate to consider standardized achievement
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Special Education Programs testing, and shall document that inadequate classroom achievement exists in at least one of the eight areas of potential specific learning disabilities using other empirical evidence. The IEP team may consider scores within 1 standard error of the measurement of the 1.25 standard deviation criterion above to meet the inadequate classroom achievement criteria if the IEP team determines the child meets all other criteria.
2. Insufficient Progress. Upon evaluation, the child has made insufficient progress in one of the following areas: a. Insufficient response to intensive, scientific, research-based or evidence-based intervention. The child does not make sufficient progress to meet age or state-approved grade-level standards in one or more of the eight areas of potential specific learning disabilities when using a process based on the child's response to intensive, scientific, research-based or evidence-based interventions. Intensive interventions may be implemented prior to referral, or as part of an evaluation, for specific learning disability. The IEP team shall consider progress monitoring data from at least two intensive, scientific, research-based or evidence-based interventions, implemented with adequate fidelity and closely aligned to individual student learning needs. The median score of three probes is required to establish a stable baseline data point for progress monitoring. IEP teams shall use weekly or more frequent progress monitoring to evaluate rate of progress during intensive, scientific, research-based or evidence-based interventions. Rate of progress during intensive interventions is insufficient when any of the following areas are true: the rate of progress of the referred child is the same or less than that of his or her same-age peers; the referred child's rate of progress is greater than that of his or her same-age peers but will not result in the referred child reaching the average range of his or her same-age peers' achievement for that area of potential disability in a reasonable period of time; or the referred child's rate of progress is greater than that of his or her same-age peers, but the intensity of the resources necessary to obtain this rate of progress cannot be maintained in general education. If the LEA decides to use insufficient response to intensive, scientific, research-based or evidence-based intervention for any child being evaluated for specific learning disabilities enrolled in a school, the LEA shall use insufficient response to intensive, scientific, research-based or evidence-based interventions for all such evaluations of children enrolled in that school. At least ten days in advance of beginning to use insufficient response to intensive, scientific, research-based or evidence-based intervention in a school, the LEA will notify parents of all children enrolled in that school of the intent to use insufficient response to intensive, scientific, research-based or evidence-based intervention. b. Significant discrepancy or insufficient progress in achievement as compared to measured ability. LEAs are permitted to use this option until Novemer 30, 2013. Upon initial evaluation, the child exhibits a significant discrepancy between the child’s academic achievement in any of the eight areas of potential specific learning disabilities and intellectual ability as documented by the child’s composite score on a multiple score instrument or the child’s score on a single score instrument. The IEP team may base a determination of significant discrepancy only upon the results of individually administered, norm-referenced, valid, and reliable diagnostic assessment of achievement. A significant discrepancy means a difference between standard scores for ability and achievement equal to or greater than 1.75 standard errors of the estimate below expected achievement, using a standard regression procedure that accounts for the correlation between ability and achievement measures. This regression procedure shall be used except when the IEP team determines that the child cannot attain valid and reliable standard scores for intellectual ability or achievement because of the child’s test behavior, the child’s language, another impairment of the child that interferes with the attainment of valid and reliable scores, or the
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Special Education Programs absence of valid and reliable standardized, diagnostic tests appropriate for the child’s age. If the IEP team makes such a determination, it shall document the reasons why it was not appropriate to use the regression procedure and shall document that a significant discrepancy exists, including documentation of a variable pattern of achievement or ability, in at least one of the eight areas of potential specific learning disabilities using other empirical evidence. If the discrepancy between the child’s ability and achievement approaches but does not reach the 1.75 standard error of the estimate cut-off for this subdivision paragraph, the child’s performance in any of the eight areas of potential specific learning disabilities is variable, and the IEP team determines that the child meets all other criteria, the IEP team may consider that a significant discrepancy exists. The IEP team may not identify a child as having a specific learning disability if the team's findings of inadequate classroom achievement or insufficient progress are primarily due to one of the following exclusionary factors: ● environmental, economic disadvantage or cultural factors; ● lack of appropriate instruction in reading, including in the essential components of reading instruction; ● lack of instruction in math; ● limited proficiency in English; ● any of the other impairments; and ● lack of appropriate instruction in the area(s) of potential specific learning disability under consideration. The child must be systematically observed in the child's learning environment, including the general classroom setting when possible, to document the child's academic performance and behavior in any of the eight areas of potential specific learning disabilities. The systematic observation of routine classroom instruction and monitoring of the child's performance in at least one of the eight areas of potential specific learning disabilities may be conducted before the child was referred for evaluation, or the systematic observation of the child's academic performance in at least one of the eight areas of potential specific learning disabilities shall be conducted after the child has been referred for an evaluation and parental consent is obtained. If the child is less than school age or out of school, at least one member of the IEP team will conduct a systematic observation of the child in an environment appropriate for a child of that age. If the child has participated in a process that assesses the child's response to intensive, scientific, researchbased or evidence-based interventions, the IEP team will use information from a systematic observation of pupil behavior and performance in the area or areas of potential specific learning disability during intensive intervention for that area, conducted by an individual who is not responsible for implementing the interventions with the referred pupil. In addition to all other determinations, the IEP team shall base its decision of whether a child has a specific learning disability on a comprehensive evaluation using formal and informal assessment data regarding academic achievement and learning behavior from sources such as standardized tests, error analysis, criterion referenced measures, curriculum-based assessments, pupil work samples, interviews, systematic observations, analysis of the child's response to previous interventions, and analysis of classroom expectations and curriculum. Upon reevaluation, a child who met initial identification criteria and continues to demonstrate a need for special education, including specially designed instruction, is a child with a disability under this section, unless the exclusionary factors now apply. If a child with a specific learning disability performs to generally accepted expectations in the general education classroom without specially designed instruction, the IEP team shall determine whether the child is no longer a child with a disability.
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Special Education Programs ORTHOPEDIC IMPAIRMENT. Wis. Admin. Code § PI 11.36(2) Orthopedic impairment means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes but is not limited to impairments caused by congenital anomaly such as clubfoot or absence of some member; impairments caused by disease such as poliomyelitis or bone tuberculosis; and impairments from other causes such as cerebral palsy, amputations, and fractures or burns that cause contractures. OTHER HEALTH IMPAIRMENT. 34 CFR § 300.8; Wis. Admin. Code § PI 11.36(10) Other health impairment means having limited strength, vitality or alertness due to chronic or acute health problems. The term includes but is not limited to a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, attention deficit disorder or attention deficit hyperactivity disorder, sickle cell anemia, Tourette syndrome, hemophilia, epilepsy, lead poisoning, leukemia, diabetes or acquired injuries to the brain caused by internal occurrences or degenerative conditions, which adversely affects a child's educational performance. SIGNIFICANT DEVELOPMENTAL DELAY. Wis. Admin. Code § PI 11.36(11) Significant developmental delay means children, age 3 through 9 years of age, who are experiencing significant delays in the areas of physical, cognition, communication, social-emotional or adaptive development. All other suspected impairments are considered before identifying a child’s primary impairment as significant developmental delay. A child may be identified as having significant developmental delay when delays in development significantly challenge the child in two or more of the following five major life activities: ● Physical activity in gross motor skills such as the ability to move around and interact with the environment with appropriate coordination, balance and strength; or fine motor skills, such as manually controlling and manipulating objects such as toys, drawing utensils and other useful objects in the environment. ● Intellectual activity such as the ability to acquire, use and retrieve information as demonstrated by the level of imitation, discrimination, representation, classification, sequencing and problem-solving skills often observed in a child’s play. ● Communication activity in expressive language such as the production of age-appropriate content, form and use of language; or receptive language, such as listening, receiving and understanding language. ● Emotional activity such as the ability to feel and express emotions and develop a positive sense of oneself; or social activity, such as interacting with people, developing friendships with peers and sustaining bonds with family members and other significant adults. ● Adaptive activity, such as caring for his or her own needs and acquiring independence in ageappropriate eating, toileting, dressing and hygiene tasks. Documentation of significant developmental delays and their detrimental effect upon the child’s daily life shall be based upon qualitative and quantitative measures including all of the following: ● A developmental and basic health history including results from vision and hearing screenings and other pertinent information from parents and, if applicable, other caregivers or service providers. ● Observation of the child in his or her daily living environment such as the child’s home with a parent or caregiver or an early education or care setting which includes peers who are typically developing. If observation in these settings is not possible, observation in an alternative setting is permitted.
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Special Education Programs ● Results from norm-referenced instruments are used to document significant delays of at least one and one-half standard deviations below the mean in two or more of the developmental areas which correspond to the major life activities. If it is clearly not appropriate to use norm-referenced instruments, other instruments such as criterion-referenced measures are used to document the significant delays. NOTE: IDEA 2004 permits the identification of children with significant developmental delay (SDD) through the age of nine. The department’s current rule under PI 11.36, relating to SDD permits identification only to the age of six. The department has promulgated a proposed rule amending PI 11.36(a) and (b) to extend the SDD age limit through age nine. Because the proposed rule has not been adopted as this date, the model policies do not reflect this change. SPEECH AND LANGUAGE IMPAIRMENT. Wis. Admin. Code § PI 11.36(5) Speech or language impairment means an impairment of speech or sound production, voice, fluency, or language that significantly affects educational performance or social, emotional or vocational development. The IEP team may identify a child as having a speech or language impairment if the child meets the preceding definition and meets any of the following criteria: ● The child’s conversational intelligibility is significantly affected and the child displays at least one of the following: ➢ The child performs on a norm referenced test of articulation or phonology at least 1.75 standard deviations below the mean for his or her chronological age. ➢ Demonstrates consistent errors in speech sound production beyond the time when 90% of typically developing children have acquired the sound. ● One or more of the child’s phonological patterns of sound are at least 40% disordered or the child scores in the moderate to profound range of phonological process use in formal testing and the child’s conversational intelligibility is significantly affected. ● The child’s voice is impaired in the absence of an acute, respiratory virus or infection and not due to temporary physical factors such as allergies, short term vocal abuse or puberty. The child exhibits atypical loudness, pitch, quality or resonance for his or her age and gender. ●
The child exhibits behaviors characteristic of a fluency disorder.
● The child’s oral communication or, for a child who cannot communicate orally, his or her primary mode of communication, is inadequate, as documented by all of the following: ➢ Performance on norm referenced measures that is at least 1.75 standard deviations below the mean for chronological age. ➢ Performance in activities is impaired as documented by informal assessment such as language sampling, observations in structured and unstructured settings, interviews, or checklists. ➢ The child’s receptive or expressive language interferes with oral communication or his or her primary mode of communication. When technically adequate norm referenced language measures are not appropriate as determined by the IEP team to provide evidence of a deficit of 1.75 standard deviations below the mean in the area of oral communication, then two measurement procedures shall be used to document a significant difference from what would be expected given consideration to chronological age, developmental level, and method of communication such as oral, manual, and augmentative. These procedures may include additional language samples, criterion referenced instruments, observations in natural environments and parent reports.
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Special Education Programs The IEP team may not identify a child who exhibits any of the following as having a speech or language impairment: ● Mild, transitory or developmentally appropriate speech or language difficulties that children experience at various times and to various degrees. ● Speech or language performance that is consistent with developmental levels as documented by formal and informal assessment data unless the child requires speech or language services in order to benefit from his or her educational programs in school, home, and community environments. ● Speech or language difficulties resulting from dialectical differences or from learning English as a second language, unless the child has a language impairment in his or her native language. ● Difficulties with auditory processing without a concomitant documented oral speech or language impairment. ●
A tongue thrust which exists in the absence of a concomitant impairment in speech sound production.
●
Elective or selective mutism or school phobia without a documented oral speech or language impairment.
The IEP team shall substantiate a speech or language impairment by considering all of the following: ●
Formal measures using normative data or informal measures using criterion referenced data.
● Some form of speech or language measures such as developmental checklists, intelligibility ratio, language sample analysis, minimal core competency. ●
Information about the child’s oral communication in natural environments.
●
Information about the child’s augmentative or assistive communication needs.
An IEP team shall include a department-licensed speech or language pathologist and information from the most recent assessment to document a speech or language impairment and the need for speech or language services. TRAUMATIC BRAIN INJURY. Wis. Admin. Code § PI 11.36(9) Traumatic brain injury means an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas such as cognition; speech and language; memory; attention; reasoning; abstract thinking; communication; judgment; problem-solving; sensory, perceptual and motor abilities; psychosocial behavior; physical functions; information processing; and executive functions, such as organizing, evaluating and carrying out goal-directed activities. The term does not apply to brain injuries that are congenital or degenerative or brain injuries induced by birth trauma. Children whose educational performance is adversely affected as a result of acquired injuries to the brain caused by internal occurrences, such as vascular accidents, infections, anoxia, tumors, metabolic disorders and the effects of toxic substances or degenerative conditions may meet the criteria of one of the other impairments. The results of standardized and norm-referenced instruments used to evaluate and identify a child as traumatic brain injured may not be reliable or valid. Therefore, alternative means of evaluation, such as criterion-referenced assessment, achievement assessment, observation, work samples, and neuropsychological assessment data are considered to identify a child who exhibits total or partial functional disability or psychosocial impairment in one or more areas listed above. Before a child may be identified as traumatic brain injured, available medical information from a licensed physician is considered.
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Special Education Programs VISUAL IMPAIRMENT. Wis. Admin. Code § PI 11.36(3) Visual impairment means even after correction a child’s visual functioning significantly adversely affects his or her educational performance. The IEP team may identify a child as having a visual impairment after all of the following events occur: ● A certified teacher of the visually impaired conducts a functional vision evaluation which includes a review of medical information, formal and informal tests of visual functioning and the determination of the implications of the visual impairment on the educational and curricular needs of the child. ●
An ophthalmologist or optometrist finds at least one of the following: ➢ ➢ ➢ ➢ ➢
Central visual acuity of 20/70 or less in the better eye after conventional correction. Reduced visual field to 50º or less in the better eye. Other ocular pathologies that are permanent and irremediable. Cortical visual impairment. A degenerative condition that is likely to result in a significant loss of vision in the future.
An orientation and mobility specialist, or teacher of the visually impaired in conjunction with an orientation and mobility specialist, evaluates the child to determine if there are related mobility needs in home, school, or community environments. Developing, Reviewing and Revising IEPs IEP IN EFFECT. At the beginning of each school year the local educational agency has in effect an IEP for each child with a disability within its jurisdiction. The local educational agency ensures that a meeting to develop an IEP and determine placement is conducted within 30 days of determination that the child is a child with a disability. The local educational agency ensures an IEP is in effect before special education and related services are provided to children with disabilities and is implemented as soon as possible following the meetings at which the IEP is developed. The local educational agency develops and implements an IEP for each child with a disability served by that agency including children placed in or referred to a private school or facility by the local educational agency. The local educational agency ensures each child's IEP is accessible to each regular education teacher, special education teacher, related service provider and any other service provider who is responsible for its implementation. The local educational agency ensures each teacher and provider responsible for implementing a child's IEP is informed of his or her specific responsibilities related to implementing the child's IEP and the specific accommodations, modifications and supports that must be provided for the child in accordance with the IEP. The local educational agency provides special education and related services to a child with a disability in accordance with the child's IEP and makes a good faith effort to assist the child to achieve the goals and objectives or benchmarks listed in the IEP. 34 CFR 300.323(c)-(d); Wis. Stat. §§ 115.787(1), 115.78(3)(c) IEP Development In developing each child’s IEP, the IEP team considers the strengths of the child, the concerns of the child’s parents for enhancing the education of their child, and the results of the initial or most recent evaluation of the child, and the academic, developmental, and functional needs of the child.
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Special Education Programs The IEP team considers the following special factors: ● the use of positive behavioral interventions and supports, and other strategies, to address that behavior in the case of a child whose behavior impedes the child’s learning or that of others; ● the language needs of the child as such needs relate to the child’s IEP in the case of a child with limited English proficiency; ● instruction in Braille and the use of Braille in the case of a child who is visually impaired unless the IEP team determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the child’s future needs for instruction in Braille or the use of Braille, that instruction in Braille or the use of Braille is not appropriate for the child; ● the communication needs of the child and, in the case of a child who is hearing impaired, the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level and full range of needs including opportunities for direct instruction in the child’s language and communication mode; and ●
whether the child requires assistive technology devices and services.
If when considering these special factors, the IEP team determines a child needs a particular device or service in order to receive a free appropriate public education, the IEP team includes a statement to that effect in the IEP. The child’s regular education teacher, as a member on the IEP team, participates in the development of the IEP of the child to the extent appropriate. The teacher participates in the determination of appropriate positive behavioral interventions and supports and other strategies, supplementary aids and services, program modifications and supports for school personnel. The local educational agency gives a copy of the IEP to the child’s parents with the notice of placement. 34 CFR § 300.324(a); Wis. Stat. § 115.787(3) IEP Review and Revision The IEP team reviews the child’s IEP periodically, but at least once a year, to determine whether the annual goals for the child are being achieved and revises the IEP as appropriate to address: ● ● ● ● ●
any lack of expected progress toward the annual goals and in the general education curriculum; the results of any reevaluation; information about the child provided to or by the parents; the child’s anticipated needs; or other matters.
In conducting a review of the child’s IEP, the IEP team considers the special factors listed above under the development of the IEP section. To the extent appropriate, the regular education teacher of the child, as a member on the IEP team, participates in the review and revision of the IEP of the child.
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Special Education Programs If a participating agency, other than the local educational agency, fails to provide transition services described in the IEP, the local educational agency reconvenes the IEP team to identify alternative strategies to meet the transition objectives for the child set out in the IEP. 34 CFR § 300.324(b) and (e); Wis. Stat. § 115.787(4) Amendments to the IEP In making changes to a child’s IEP after the annual IEP team meeting for a school year, the parent of a child with a disability and the local educational agency may agree not to convene an IEP team meeting for the purposes of making those changes, and instead develop a written document to amend or modify the child’s current IEP. If changes are made without a meeting, the local educational agency informs the child’s IEP team of those changes. Changes to the IEP may be made by either the entire IEP Team at an IEP team meeting or as described above by amending the IEP rather than redrafting the entire IEP. The local educational agency gives the child’s parent a copy of the revised IEP with the amendments incorporated. 34 CFR § 300.324(a)(4)-(6); Wis. Stat. § 115.787(4)(c) IEP Content The IEP for each child with a disability includes: ● a statement of the child’s present levels of academic achievement and functional performance including how the child’s disability affects the child’s involvement and progress in the general education curriculum (i.e., the same curriculum as for non-disabled children) or, for a preschool child, as appropriate, how the disability affects the child’s participation in appropriate activities; ● a statement of measurable annual goals for the child, including academic and functional goals, designed to meet the child's needs that result from the child’s disability to enable the child to be involved in and progress in the general education curriculum and to meet each of the child’s other educational needs that result from the child’s disability; ● for children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives; ● a statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child or on behalf of the child and a statement of the program modifications or supports for school personnel that will be provided to enable the child to: ➢ advance appropriately toward attaining the annual goals; ➢ be involved in and make progress in the general education curriculum and to participate in extracurricular and other non academic activities; and ➢ be educated and participate with other children with disabilities and non-disabled children in the activities described above; ● an explanation of the extent to which the child will not participate with non-disabled children in regular classes in the general education curriculum and in extracurricular and other nonacademic activities;
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Special Education Programs ● a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance on state or district-wide assessments; ● if the IEP team determines a child must take an alternate assessment instead of participating in a particular regular state-wide or local educational agency-wide assessment of student achievement, a statement indicating why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child; ● the projected date for the beginning of the services and modifications described in the IEP and the anticipated frequency, duration and location of those services and modifications; ● beginning not later than in the first IEP that will be in effect when the child is 14 and updated annually thereafter until the child is no longer eligible for special education and related services, a statement of appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and a description of the transition services, including courses of study, needed to assist the child in reaching those goals; ● a statement that the student has been informed of the parental rights that will transfer to the pupil under special education law on reaching the age of 18, beginning at least one year before the child attains the age of 18, and annually thereafter until the pupil is no longer eligible for special education and related services; ●
a description of how the child’s progress toward attaining the annual goals will be measured; and
● a description of when periodic reports, such as quarterly reports or other periodic reports issued concurrent with report cards, on the child’s progress toward attaining the annual goals will be provided to the parents. 34 CFR § 300.320; Wis. Stat. § 115.787 Placement The local educational agency ensures an evaluation is conducted before special education and related services are provided to a child with a disability and an educational placement is provided to implement each child’s IEP. The IEP team makes placement decisions. The placement is based upon and implements the child's IEP, is determined at least annually, and in uniformity with the least restrictive environment provisions described below. 34 CFR §§ 300.301(a), 300.116(b); Wis. Stat. §§ 115.78(2), 115.79(1)(a) and (b) LEAST RESTRICTIVE ENVIRONMENT. The local educational agency ensures the following: ● Unless the IEP requires a different arrangement, the child is educated in the school he or she would attend if not disabled. ● The placement is provided as close as possible to the child's home. ● In selecting the least restrictive environment consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs. ● A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.
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Special Education Programs ● To the maximum extent appropriate, a child with a disability, including a child receiving publicly funded special education in a public or private institution or other care facility, is educated with children who are not disabled. ● Special classes, separate schooling or any other removal of a child from the regular educational environment occurs only when the nature or severity of a child's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. ● The local educational agency ensures a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. ● The local educational agency ensures a continuum of alternative placements is available and will be used that includes instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions. ● The continuum makes provision for supplementary services (such as resource room or itinerant instruction) that are provided in conjunction with regular class placement. ● The local educational agency provides or arranges for nonacademic and extracurricular services and activities including meals and recess periods so each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The local educational agency ensures that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings. 34 CFR § 300.114-117 NOTICE OF PLACEMENT. Following the development of the IEP, a notice of placement and a copy of the child’s IEP is given to the child's parent(s). 34 CFR § 300.503(b)(4); Wis. Stat. §§ 115.787(3)(e) CONSENT FOR PLACEMENT. The local educational agency obtains informed and written parental consent prior to the initial provision of special education and related services to a child with a disability in a program providing special education and related services. The local educational agency makes reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child. If the parent of a child fails to respond or refuses to consent to services, the local educational agency can not provide special education or related services and cannot use mediation or due process procedures in order to obtain agreement or a ruling that the services may be provided to the child. If the parent of the child refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide consent for the initial provision of special education and related services, the local educational agency will not be considered to be in violation of the requirement to make available FAPE to the child for the failure to provide the child with the special education and related services for which the local educational agency requests consent; and is not required to convene an IEP Team meeting or develop an IEP for the child for the special education and related services for which the local educational agency requests such consent. 34 CFR § 300.300(b); Wis. Stat. § 115.79(2)
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Special Education Programs Parent Revocation of Consent: If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the school district: • Will stop providing special education and related services to the child, but before doing so, will provide prior written notice in accordance with 34 CFR § 300.503; • Will not use special education dispute resolution procedures, including mediation and due process, in order to obtain agreement or a ruling that the services may be provided to the child; • Is not considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; and • Is not required to convene an IEP Team meeting or develop an IEP for the child for further provision of special education and related services; • Is not required to amend the child’s education records to remove any reference to the child’s receipt of special education and related services because of the revocation of consent. Related Services: Physical and Occupational Therapy If a child is suspected to need occupational therapy or physical therapy or both, the IEP team includes an appropriate therapist. Wis. Admin. Code § PI 11.24(2) PHYSICAL THERAPISTS’ LICENSURE AND SERVICE REQUIREMENTS. The local educational agency ensures the following: ● Physical therapists are licensed by the Department of Public Instruction as school physical therapists. ● Caseloads for full-time physical therapists employed for a full day, 5 days a week, is a minimum of 15 children and a maximum of 30 children, or maximum of 45 children with one or more school physical therapist assistants. A caseload may be varied subject to DPI’s approval. The caseload for a part-time school physical therapist may be pro-rated. ● The school physical therapist has medical information from a licensed physician regarding a child before the child receives physical therapy. ● The school physical therapist delegates to a school physical therapist assistant only those portions of a child’s physical therapy which are consistent with the school physical therapist assistant’s education, training and experience. ● The school physical therapist supervises the physical therapy provided by a school physical therapist assistant. The school physical therapist develops a written policy and procedure for written and oral communication to the physical therapist assistant. The policy and procedure includes a specific description of the supervisory activities undertaken for the school physical therapist assistant which includes either of the following levels of supervision: ➢ the school physical therapist has daily, direct contact on the premises with the school physical therapist assistant; or
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Special Education Programs ➢ the school physical therapist has direct, face-to-face contact with the school physical therapist assistant at least once every 14 calendar days. Between direct contacts the physical therapist is available by telecommunication. The school physical therapist providing general supervision provides an onsite reevaluation of each child’s physical therapy a minimum of one time per calendar month or every tenth day of physical therapy, whichever is sooner, and adjusts the physical therapy as appropriate. ● A full-time school physical therapist supervises no more than two full-time equivalent physical therapist assistant positions which may include no more than three physical therapist assistants. ● Acts undertaken by a school physical therapist assistant are considered acts of the supervising physical therapist who has delegated the act. ● A school physical therapist conducts all physical therapy evaluations and reevaluations of a child, participates in the development of the child’s IEP, and develops physical therapy treatment plans for the child. A school physical therapist is not represented by a school physical therapist assistant on an IEP team. Wis. Admin. Code § PI 11.24(7) SCHOOL PHYSICAL THERAPIST ASSISTANTS’ QUALIFICATIONS AND SUPERVISION OF PHYSICAL THERAPY. The local educational agency ensures the following: ● Physical therapist assistants are licensed by the Department of Public Instruction as school physical therapists. ● The school physical therapist assistant providing physical therapy to a child is supervised by a school physical therapist as specified in these policies. Wis. Admin. Code § PI 11.24(8) OCCUPATIONAL THERAPISTS’ LICENSURE AND SERVICE REQUIREMENTS. The local educational agency ensures the following: ● Occupational therapists are licensed by the Department of Public Instruction as school occupational therapists. ● Caseloads for full-time school occupational therapists employed for a full day, 5 days a week, is a minimum of 15 children and a maximum of 30 children, or maximum of 45 children with one or more school physical therapist assistants. A caseload may be varied subject to DPI’s approval. The caseload for a part-time school physical therapist may be pro-rated. ● The school occupational therapist has medical information before a child is evaluated for occupational therapy. Wis. Admin. Code § PI 11.24(9) DELEGATION AND SUPERVISION OF OCCUPATIONAL THERAPY. The local educational agency ensures the following: ● The school occupational therapist may delegate to a school occupational therapy assistant only those portions of a child’s occupational therapy which are consistent with the school occupational therapy assistant’s education, training and experience.
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Special Education Programs ● The school occupational therapist supervises the occupational therapy provided by a school occupational therapy assistant. The school occupational therapist develops a written policy and procedure for written and oral communication to the occupational therapist assistant. The policy and procedure includes a specific description of the supervisory activities undertaken for the school occupational therapist assistant which includes either of the following levels of supervision: ➢ the school occupational therapist has daily, direct contact on the premises with the school occupational therapy assistant or ➢ the school occupational therapist has direct, face-to-face contact with the school occupational therapy assistant at least once every 14 calendar days. Between direct contacts the occupational therapist is available by telecommunication. The school occupational therapist providing general supervision provides an onsite reevaluation of each child’s occupational therapy a minimum of every two weeks, and adjusts the occupational therapy as appropriate. ●
A full-time school occupational therapist supervises no more than two full-time equivalent occupational therapy assistant positions which includes no more than three occupational therapy assistants;
●
An act undertaken by a school occupational therapy assistant is considered the act of the supervising occupational therapist who has delegated the act.
Wis. Admin. Code § PI 11.24(9) RESPONSIBILITY OF A SCHOOL OCCUPATIONAL THERAPIST. following:
The local educational agency ensures the
● A school occupational therapist conducts all occupational therapy evaluations and reevaluations of a child, participates in the development of the child’s IEP and develops occupational therapy treatment plans for the child. ● A school occupational therapist may not be represented by a school occupational therapy assistant on an IEP team. Wis. Admin. Code § PI 11.24(9) SCHOOL OCCUPATIONAL THERAPY ASSISTANTS’ QUALIFICATIONS AND SUPERVISION. The local educational agency ensures the following: ● Occupational therapy assistants are licensed by the Department of Public Instruction as school occupational therapy assistants. ● The school occupational therapy assistant providing occupational therapy to a child is supervised by a school occupational therapist as specified in these policies. Wis. Admin. Code § PI 11.24(10) Transition from Birth to Three Programs The local educational agency participates with birth to three programs to ensure a smooth and effective transition of children with disabilities from the birth to three program for infants and toddlers with disabilities to preschool programs in the local educational agency. The local educational agency participates in transition planning conferences arranged by birth to three programs.
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Special Education Programs For children participating in birth to three programs who will participate in special education preschool programs in the local educational agency, the local educational agency has an IEP in effect by the child’s third birthday. If a child’s third birthday occurs during the summer, the child’s IEP Team shall determine the date when services under the IEP will begin. 34 CFR §§ 300.124, 300.101(b) Transfer Pupils In-State-Transfer Students When a child with a disability (who had an IEP that was in effect in a previous Wisconsin local educational agency) transfers to this local educational agency and enrolls in a new school within the same school year, this local educational agency (in consultation with the parents) provides FAPE to the child, including services comparable to those described in the child’s IEP from the previous agency, until this local educational agency either: ● ●
Adopts the child’s IEP from the previous public agency; or Develops, adopts, and implements a new IEP.
The local educational agency adopts the evaluation and the eligibility determination of the sending local educational agency or conducts an evaluation and eligibility determination of the transfer pupil. The local educational agency does not adopt the evaluation and eligibility determination or the IEP of the sending local educational agency if the evaluation and eligibility determination or the IEP do not meet state and federal requirements. 34 CFR § 300.323(e) Out-of-State Transfer Students When a child with a disability (who had an IEP that was in effect in a previous agency in another State) transfers to this local educational agency, and enrolls in a new school within the same school year, this local educational agency, in consultation with the parents, provides the child with FAPE, including services comparable to those described in the child’s IEP from the out-of-state agency, until this local educational agency: ● Conducts an evaluation and determines eligibility if determined to be necessary by this local educational agency; and ● Develops, adopts and implements a new IEP, if appropriate. 34 CFR § 300.323(f) Transmittal of Records When the local educational agency receives a transfer pupil with a disability and does not receive the pupil's records from the sending local educational agency, the local educational agency takes reasonable steps, including a written request, to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child from the previous public agency in which the child was enrolled. When this local educational agency receives such a written request for a transfer pupil, this local educational agency transfers the pupil's records to the requesting local educational agency within five working days of receipt of the written notice as required under Wis. Stat. § 118.125(4). 34 CFR § 300.323(g); Wis. Stat. § 118.125(4)
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Special Education Programs Charter Schools Children with disabilities who attend the local educational agency's charter schools and their parents retain all rights under federal special education laws. The local educational agency ensures that the requirements of federal special education law are met. Children with disabilities who attend Charter Schools under contract with the local educational agency, are served in the same manner as other children with disabilities in the local educational agency. This includes providing supplementary and related services on site at the charter school to the same extent to which the local educational agency provides such services on the site to its other public schools. Funds received under part B of the Individuals with Disabilities Education Act are provided to charter schools in the same manner as they are provided to other schools in the local educational agency, including proportional distribution based on relative enrollment of children with disabilities and at the same time as the local educational agency distributes other Federal funds to the local educational agency’s other public schools. 34 CFR § 300.209(a) and (b); Wis. Stat. § 115.77(8). Due Process Procedures OPPORTUNITY TO EXAMINE RECORDS AND PARENT PARTICIPATION IN MEETINGS. The parents of a child with a disability are afforded, in accordance with the policies in the "Confidentiality" section of this document, an opportunity to: ● inspect and review all education records with respect to the identification, evaluation, and educational placement of the child and the provision of a free appropriate public education to the child; and ● participate in meetings with respect to the identification, evaluation and educational placement of the child and the provision of a free appropriate public education to the child. The local educational agency notifies parents consistent with the policies in the "Parent Participation in IEP Team Meetings" section of these policies to ensure that parents of children with disabilities have the opportunity to participate in meetings described above. The term "meeting" in this policy does not include informal or unscheduled conversations involving public agency personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that local educational agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting. The IEP team, which includes the parent, makes decisions on the educational placement of the child. In implementing this policy, the local educational agency uses procedures consistent with the policies described above. If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the local educational agency uses other methods to ensure their participation including individual or conference telephone calls, or video conferencing. A placement decision may be made by the IEP team without the involvement of the parent if the local educational agency is unable to obtain the parent’s participation in the decision. In this case, the local educational agency must have a record of its attempt to ensure parent involvement. 34 CFR §§ 300.501, 300.322(e)
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Special Education Programs NOTICE. The local educational agency ensures a child’s parents are provided prior written notice a reasonable time before the local educational agency proposes to initiate or change or refuses to initiate or change the identification, evaluation or educational placement of the child or the provision of a free appropriate public education to the child. The notice contains: ●
a description of the action proposed or refused;
●
an explanation of why the local educational agency proposed or refused to take action;
● a statement that the parents of a child with a disability have protection under the procedural safeguards and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; ●
a description of any other options considered and the reason(s) they were rejected;
● a description of each evaluation procedure, assessment, record or report used as a basis for the proposed or refused action; ●
the names of the evaluators, if known, if the notices propose to evaluate or reevaluate the child;
●
a description of any other factors relevant to the proposal or refusal; and
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sources for parents to contact to obtain assistance in understanding special education law.
Each prior written notice is written in language understandable to the general public, in the parent's native language or other means of communication unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the local educational agency takes steps to ensure the notice is translated orally or by other means to the parent in his or her native language or other mode of communication; the parent understands the content of the notice; and there is written evidence that these requirements have been met. 34 CFR § 300.503; Wis. Stat. § 115.792(2) PROCEDURAL SAFEGUARDS NOTICE. A copy of the procedural safeguards available to the parents of a child with a disability is given to the parents one time a school year, except that a copy is given to the parents: ● upon initial referral or parent request for evaluation; ● upon receipt of the first IDEA State complaint and the first due process complaint; ● on the date on which the decision is made to make a disciplinary removal that constitutes a change of placement; ● upon request by a parent. The procedural safeguards notice includes a full explanation of the procedural safeguards available under special education law written so as to be easily understood by the general public and in the native language of the child’s parents unless it is clearly not feasible to do so, relating to: ● ● ●
independent educational evaluation; prior written notice; parental consent;
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Special Education Programs ● access to educational records; ● opportunity to present and resolve complaints through the due process complaint and State IDEA complaint procedures, including: ➢ the time period in which to file a complaint; ➢ the opportunity for the agency to resolve the complaint; and ➢ the difference between the due process complaint and the State complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures. ● the child’s placement during pendency of due process proceedings; ● procedures for pupils who are subject to placement in interim alternative educational settings under 20 USC § 1415(k); ● requirements for the unilateral placement by parents of pupils in private schools at public expense; ● availability of mediation; ● due process hearings including requirements for disclosure of evaluation results and recommendations; ● civil actions, including the time period in which to file those actions; and ● attorney fees. 34 CFR § 300.504 INDEPENDENT EDUCATIONAL EVALUATIONS. A parent may obtain an independent educational evaluation of his or her child. If a parent requests information from the local educational agency about an independent evaluation, the local educational agency provides the parent with information about where an independent evaluation may be obtained and the agency criteria applicable for independent educational evaluations. A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the local educational agency. "Public expense" means the local educational agency either pays for the full cost of the evaluation or ensures the evaluation is otherwise provided at no cost to the parent. If a parent requests an independent educational evaluation at public expense, the local educational agency, without unnecessary delay, either initiates a due process hearing to show its evaluation is appropriate or insures an independent educational evaluation is provided at public expense unless the local educational agency demonstrates in a due process hearing that the evaluation obtained by the parent did not meet local educational agency criteria. If a parent requests an independent educational evaluation, the local educational agency may ask for the parent's reason why he or she objects to the public evaluation. However, the local educational agency does not require the explanation and the local educational agency does not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation. A parent is entitled to only one independent educational evaluation at public expense each time the local educational agency conducts an evaluation with which the parent disagrees. If the local educational agency initiates a hearing and the final decision is that the local educational agency’s evaluation is appropriate, the parent still has the right to an independent educational evaluation but not at public expense. If the parent obtains an independent educational evaluation at public expense or shares with the local educational agency an evaluation obtained at private expense, the results of the evaluation must be considered by the local educational agency, if it meets agency criteria, in any decision made with respect to the provision of FAPE to the child.
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Special Education Programs If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at public expense. When an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, is the same as the criteria that the local educational agency uses when it initiates an evaluation to the extent that those criteria are consistent with the parent's right to an independent educational evaluation. Except for the criteria described above, the local educational agency does not impose conditions or timelines related to obtaining and independent educational evaluation at public expense. 34 CFR § 300.502 SURROGATE PARENTS. The local educational agency ensures the rights of a child are protected if no parent can be identified; the local educational agency, after reasonable efforts, cannot locate a parent; the child is a ward of the state; or the child is an unaccompanied homeless youth as defined in the McKinney-Vento Homeless Assistance Act. In such instances, the local educational agency assigns an individual to act as a surrogate for the parents. The local educational agency has a method for determining whether a child needs a surrogate parent and for assigning a surrogate parent to the child. In the case of a child who is a ward of the State, the surrogate parent may be appointed by the judge overseeing the child’s case. The local educational agency ensures that a person selected as a surrogate parent is not an employee of the Department of Public Instruction, the local educational agency, or any other agency that is involved in the education or care of the child; has no personal or professional interest that conflicts with the interest of the child he or she represents; and has knowledge and skills that ensure adequate representation of the child. A person who otherwise qualifies to be a surrogate parent is not an employee of the local educational agency solely because he or she is paid by the local educational agency to serve as a surrogate parent. For an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents until a surrogate parent can be appointed that meets all of the requirements for selection of surrogate parents. The surrogate parent may represent the child in all matters relating to the identification, evaluation, and educational placement of the child and the provision of FAPE to the child. The local educational agency makes reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after it determines that one is needed. 34 CFR § 300.519; Wis. Stat. § 115.792(1)(a)2 MEDIATION. When a local educational agency participates in a mediation under Wis. Stat. § 115, the local educational agency: ● keeps discussion that occurs during mediation confidential; ● does not use discussion that occurs during mediation as evidence in any subsequent hearing or civil proceeding; ● does not record a mediation session unless both parties and the mediator agree; ● may be represented by two individuals, unless the parties agree to additional representatives; ● may withdraw from mediation at any time; ● may recess a mediation session to consult advisors, whether or not present, or to consult privately with the mediator;
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Special Education Programs ● assumes responsibility with the parents for additional compensation if the parties agree that the amount of the mediator’s compensation should be greater than the Wisconsin Special Education Mediation System schedule allows; and ● assumes responsibility with the parents for the compensation of a mediator who is not on the mediation system roster. If the parties resolve the dispute or a portion of the dispute through the mediation process, the parties must execute a legally binding agreement. The agreement is reduced to writing, signed by the parties and a copy is given to each party. The agreement states that all discussions that occurred during mediation are confidential and may not be used as evidence in any hearing or civil proceeding. The agreement is legally binding upon the parties and is enforceable in circuit court. The agreement is signed by a representative of the local educational agency who has the authority to bind the local educational agency. The Wisconsin Mediation System is voluntary on the part of the parties and the local educational agency does not use it to deny or delay a parent’s right to a hearing on the parent’s due process complaint, or to deny and other rights afforded under special education law. 34 CFR § 300.506; Wis. Stat. § 115.797 DUE PROCESS HEARINGS. When the local educational agency files a request for a due process hearing, it will provide a copy of the hearing request to the other party, a copy to the DPI and will keep the hearing request confidential. If the parent or the child’s attorney files a written request for a due process hearing, the local educational agency will: ● inform the parent of any free or low cost legal and other relevant services available in the area; ● (unless it has previously sent a written notice to the parent regarding the item in dispute) within 10 days of receiving the hearing request, provide a written response that includes an explanation of why the agency proposed or refused to take the action raised in the hearing request; a description of other options that the IEP team considered and the reasons why those options were rejected; a description of each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and, a description of the other factors that are relevant to the agency’s proposed or refused action; ● within 10 days of receiving the request, send a written response that addresses the issues raised in the hearing request; and ● (except when the parents and local educational agency agree in writing to waive a meeting or use mediation) within 15 days of receiving the request and before the hearing is conducted, convene a meeting with the child’s parents, a representative of the local educational agency who is authorized to make decisions on behalf of the agency, and the relevant members of the IEP team who have specific knowledge of the facts identified in the hearing request. If the meeting resolves any subject matter of the hearing request, the parents and the local educational agency will execute and sign a legally binding agreement.
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Special Education Programs When the local educational agency is a party to a due process hearing under Wis. Stat. § 115.80, the local educational agency: ●
pays for the cost of the hearing;
●
pays for the cost of an independent educational evaluation ordered by the hearing officer;
● discloses to all other parties, at least five business days before a hearing is conducted (other than an expedited hearing under the provisions of the Individuals with Disabilities Education Act), all evaluations completed by that date and recommendations based upon the local educational agency’s evaluations that the local educational agency intends to use at the hearing; and ● except as provided in the "discipline" section of the local educational agency's policies, the local educational agency does not change the educational placement of a child during the pendency of a hearing or judicial proceedings unless the child’s parents agree to the change. If the child is applying for initial admission to a public school, the child, with the consent of the parents, is placed in the public school program until all due process proceedings have been completed. Before filing a civil action under any federal law seeking relief that is also available under state special education law, the local educational agency exhausts the due process hearing procedures to the same extent as would be required had the action been brought under special education law. 34 CFR §§ 507, 508, 510; Wis. Stat. § 115.80 TRANSFER OF RIGHTS AT AGE OF MAJORITY. When a child with a disability reaches the age of 18, unless he or she has been determined to be incompetent as defined by state law, the local educational agency transfers the rights of parents under the Individuals with Disabilities Education Act and Chapter 115, Wis. Stats., to the individual pupil. The local educational agency provides any required notices to both the parents and the adult pupil. The local educational agency notifies both the parents and the individual pupil of the transfer of rights. 34 CFR § 300.520; Wis. Stat. § 115.807 Discipline Procedures AUTHORITY OF SCHOOL PERSONNEL. School personnel consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the discipline procedures of Individuals with Disabilities Education Act, is appropriate for a child with a disability who violates a code of school conduct. School personnel are authorized to remove a child with a disability who violates a code of student conduct from the child's current placement to an appropriate interim alternative educational setting (IEAS), another setting, or suspension for not more than ten consecutive school days (to the extent those alternatives are applied to children without disabilities) consistent with state requirements relating to the suspension of pupils. State law permits suspensions from school for up to five consecutive school days and for up to 15 consecutive school days when a notice of expulsion hearing has been sent. A child with a disability may be suspended for more than ten consecutive school days only if the conduct is not a manifestation of the child’s disability and the requirements provided below are followed.
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Special Education Programs School personnel are authorized to remove a child with a disability for additional removals of not more than ten consecutive school days, consistent with state requirements, in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement). If a child with a disability has been removed from his or her placement for 10 school days or less, the local educational agency provides services to the child if the local educational agency also provides services to children without disabilities who have been similarly removed. For purposes of removals of a child with a disability from the child's current educational placement, a change of placement occurs if the removal is for more than ten consecutive school days or the child is subjected to a series of removals that constitute a pattern because ● the series of removals total more than ten school days in a school year; ● the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals; and ● such additional factors as the length of each removal, the total amount of time the child is removed and the proximity of the removals to one another. The local educational agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. After a child with a disability has been removed from the current placement for ten school days in the same school year during any subsequent days of removal the local educational agency must provide services so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP. If the current removal is for not more than 10 consecutive school days and is not a change of placement, school personnel, in consultation with at least one of the child's teachers, determine the appropriate services. The local educational agency applies the relevant disciplinary procedures for children without disabilities to the child only if, as a result of the manifestation determination review, the local educational agency determines the behavior of the child with a disability was not a manifestation of the child’s disability. The local educational agency applies the relevant disciplinary procedures in the same manner in which they would be applied to children without disabilities. A child with a disability whose behavior is determined not to be a manifestation of the child’s disability continues to be provided education services so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP. 34 CFR § 300.530; 300.536
SCHOOL DISTRICT OF CUBA CITY
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Special Education Programs PLACEMENT IN INTERIM ALTERNATIVE EDUCATIONAL SETTINGS. School personnel are authorized to remove a child with a disability to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability if:
the child carries a weapon at school, on school premises, or to or at a school function under the jurisdiction of the state or a local educational agency; the child knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of the state or a local educational agency; or the child has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the state or a local education agency.
34 CFR § 300.530(g) The IEP team determines the interim alternative educational setting and the appropriate services to be provided. A child placed in an interim alternative educational setting: ● continues to receive educational services to enable the child to continue to participate in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and ● if the behavior is not a manifestation of the child’s disability, receives, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur; ●
if the behavior is a manifestation of the child’s disability, receives either: ➢ a functional behavior assessment, unless the local educational agency had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and a behavioral intervention plan, or ➢ if a behavioral intervention plan already has been developed, receives a review of the behavioral intervention plan, and modifications to it, as necessary, to address the behavior.
34 CFR §§ 300.530, 300.531 On the date on which the decision is made to place the child in an interim alternative educational setting or to make a removal that constitutes a change of placement for violating a code of conduct, the local educational agency notifies the parents of that decision and provides the parents a procedural safeguards notice. 34 CFR § 300.530(h) When the local educational agency determines that maintaining the current placement of a child with a disability is substantially likely to result in injury to the child or others, the agency may request an expedited due process hearing to change the child’s placement to an appropriate interim alternative educational setting for not more than 45 school days. The request for a due process hearing may be repeated if the local educational agency believes that returning the child to the original placement is substantially likely to result in injury to the child or others. 34 CFR § 300.532
SCHOOL DISTRICT OF CUBA CITY
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Special Education Programs MANIFESTATION DETERMINATION REVIEWS. Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local educational agency, the parent, and relevant members of the child's IEP team (as determined by the parent and the local educational agency):
review all relevant information in the student’s file, including the child’s IEP; any teacher observations; and any relevant information provided by the parents.
The conduct is determined to be a manifestation of the child's disability if the local educational agency, the parent, and relevant members of the child's IEP team determine that either: ● the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or ● the conduct in question was the direct result of the local educational agency’s failure to implement the IEP. If the local educational agency, the parent, and relevant members of the child's IEP team determine the conduct in question was the direct result of the local educational agency’s failure to implement the IEP, the local educational agency takes immediate steps to remedy those deficiencies. If the conduct was a manifestation of the child's disability, the IEP team returns the child to the placement from which the child was removed, unless the child has been placed in an interim alternative educational setting or the parent and local educational agency agree to a change of placement as part of the modification of the behavioral intervention plan, and either: ● conducts a functional behavioral assessment, unless the local educational agency had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implements a behavioral intervention plan for the child; or ● if a behavioral intervention plan already has been developed, the IEP team reviews the behavioral intervention plan, and modifies it, as necessary, to address the behavior. If the conduct was not a manifestation of the child’s disability, the child receives, as appropriate: ● a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur; and ● educational services so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP. CFR § 300.530(d)(e) and (p)
SCHOOL DISTRICT OF CUBA CITY
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Special Education Programs PLACEMENT DURING APPEALS. The parent of a child with a disability who disagrees with any decision regarding a disciplinary change in placement or a manifestation determination, or the local educational agency believes that maintaining the current placement is substantially likely to result in injury to the child or others may appeal the decision by requesting a hearing. During such appeal, the child will remain in the placement to which the child was removed pending the decision of the hearing officer or until the expiration of the disciplinary placement, whichever occurs first. The parent and the local educational agency may agree to a different placement during the appeal. Unless the local educational agency and the parents agree in writing to waive the resolution meeting or agree to use the mediation process, the local educational agency conducts a resolution meeting within seven days of receiving notice of the parent’s due process complaint. 34 CFR § 300.532; 300.533 PROTECTIONS FOR CHILDREN NOT YET ELIGIBLE FOR SPECIAL EDUCATION AND RELATED SERVICES. The local educational agency provides the protections asserted for a child under the Individuals with Disabilities Education Act-Part B to a child who has not been determined to be eligible for special education and related services and who has engaged in behavior that violated a code of conduct of the local educational agency if the local educational agency had knowledge (as determined in accordance with the provisions below) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred. The local educational agency has knowledge that a child is a child with a disability if before the behavior that precipitated the disciplinary action occurred: ● the parent of the child expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services; ●
the parent of the child requested an IEP team evaluation of the child; or
● the teacher of the child, or other personnel of the local educational agency, expressed specific concerns about a pattern of behavior demonstrated by the child directly to the director of special education of the agency or to other supervisory personnel of the agency. The local educational agency does not have knowledge that a child is a child with a disability if: ● the parent of the child has not allowed an IEP team evaluation of the child or has refused special education services; or ● the local educational agency conducted an IEP team evaluation and determined that the child was not a child with a disability. If the local educational agency does not have knowledge that a child is a child with a disability prior to taking disciplinary measures against the child, the local educational agency may subject the child to the same disciplinary measures as measures applied to children without disabilities who engaged in comparable behaviors. 34 CFR § 300.534
SCHOOL DISTRICT OF CUBA CITY
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Special Education Programs If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures, the evaluation is conducted in an expedited manner. Until the evaluation is completed, the local educational agency maintains the child in the educational placement determined by school authorities, which can include suspension or expulsion without educational services. If the child is determined to be a child with a disability, taking into consideration information from the local educational agency’s evaluation and information provided by the parents, the local educational agency provides special education and related services in accordance with the Individuals with Disabilities Education Act-Part B and state law, including legal requirements relating to discipline and the provision of a free appropriate public education to children with disabilities. 34 CFR § 300.534 When the local educational agency reports a crime committed by a child with a disability, it ensures copies of the child’s special education and disciplinary records are transmitted for consideration by the appropriate authorities to whom it reports the crime. The local educational agency transmits copies of the child's special education and disciplinary records only to the extent that the Family Educational Rights and Privacy Act permits transmission. 34 CFR § 300.535 Confidentiality of Information NOTICE TO PARENTS. The local educational agency notifies parents before any major child identification, location or evaluation activity. The notice is published or announced in newspapers or other media, or both, with circulation adequate to notify parents of children attending the local educational agency of the activity. 34 CFR § 300.612(b) The local educational agency gives notice that is adequate to fully inform parents about the confidentiality of personally-identifiable information requirements in the law, including: ● a description of the extent that the notice is given in the native languages of the various population groups in the local educational agency; ● a description of the children on whom personally-identifiable information is maintained, the types of information sought, the methods the local educational agency intends to use in gathering the information (including the sources from whom information is gathered), and the uses to be made of the information; ● a summary of the policies and procedures that participating agencies must follow regarding storage, disclosure to third parties, retention, and destruction of personally-identifiable information; and ● a description of all of the rights of parents and children regarding this information, including the rights under the Family Educational Rights and Privacy Act of 1974 and the implementing regulations. 34 CFR § 300.612
SCHOOL DISTRICT OF CUBA CITY
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Special Education Programs ACCESS RIGHTS. The local educational agency permits parents to inspect and review any education records relating to their children that are collected, maintained or used by the agency under the Individuals with Disabilities Education Act-Part B. The agency complies with a request without unnecessary delay and before any meeting regarding an IEP, or any due process hearing or resolution session, and in no case more than 45 days after the request has been made. The right to inspect and review education records includes: ● the right to a response from the participating agency to reasonable requests for explanations and interpretations of the records; ● the right to have copies of the records upon request; and ● the right to have a representative of the parent inspect and review the records. The local educational agency presumes that the parent has authority to inspect and review records relating to his or her child unless the local educational agency has been advised that the parent does not have authority under state law. 34 CFR § 300.613(c) The local educational agency keeps a record of parties obtaining access to education records collected, maintained or used under the Individuals with Disabilities Education Act (except access by parents and authorized employees of the local educational agency), including the name of the party, the date access was given and the purpose for which the party is authorized to use the records. 34 CFR § 300.614 The local educational agency provides parents on request a list of the types and locations of education records collected, maintained or used by the agency. If any education record includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information. 34 CFR §§ 300.615, 300.616 The local educational agency does not charge a fee for copies of records that are made for parents if the fee effectively prevents the parents from exercising their right to inspect and review those records. The local educational agency does not charge a fee to search for or to retrieve information in educational records. 34 CFR § 300.617 AMENDMENT OF RECORDS AT PARENT'S REQUEST. A parent who believes information in the education records collected, maintained or used under the Individuals with Disabilities Education Act is inaccurate or misleading or violates the privacy or other rights of the child may request the local educational agency to amend the information. The local educational agency decides whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request. If the local educational agency decides to refuse to amend the information in accordance with the request, it informs the parent of the refusal and advises the parent of the right to an educational records hearing pursuant to the local educational agency's policies. 34 CFR § 300.618
SCHOOL DISTRICT OF CUBA CITY
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Special Education Programs The local educational agency, on request, provides an opportunity for a hearing to challenge information in education records to ensure it is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the child. 34 CFR § 300.619 The hearing is conducted according to the procedures described in the Family Educational Rights and Privacy Act implementing regulations. If, as a result of the hearing, the local educational agency decides the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the child, it amends the information accordingly and so informs the parent in writing. If, as a result of the hearing, the local educational agency decides the information is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the child, it informs the parent of the right to place in the records it maintains on the child a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the local educational agency. 34 CFR § 300.619-621 Any explanation placed in the records of the child under this section is maintained as part of the records of the child as long as the record or contested portion is maintained. If the records of the child or the contested portion are disclosed to any party, the explanation is also disclosed to the party. 34 CFR § 300.620(c)(2) CONSENT. Parental consent is obtained before personally-identifiable information is disclosed, unless the disclosure is authorized without parental consent under the Family Educational Rights and Privacy Act and Wis. Stat. § 118.125. Parental consent is not required before personally-identifiable information is released to officials of participating agencies for purposes of meeting a requirement of the Individuals with Disabilities Education Act with the following exceptions: ● Parental consent or the consent of an eligible child who has reached the age of majority under state law, is obtained before personally-identifiable information is released to officials of participating agencies providing or paying for transition services. ● If a child is enrolled or is going to enroll in a private school that is not located in the local educational agency of the parent’s residence, parental consent is obtained before any personally-identifiable information about the child is released between school officials in the local educational agency where the private school is located and officials in the local educational agency of the parent’s residence. 34 CFR § 300.622(b)(3) SAFEGUARDS. The local educational agency protects the confidentiality of personally-identifiable information at collection, storage, disclosure and destruction stages. One official at the local educational agency assumes responsibility for ensuring the confidentiality of any personally-identifiable information. All persons collecting or using personally-identifiable information receive training or instruction regarding the state's policies and procedures described in the regulations implementing the Individuals with Disabilities Education Act and the Family Educational Rights and Privacy Act. The local educational agency maintains, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally-identifiable information. 34 CFR § 300.623
SCHOOL DISTRICT OF CUBA CITY
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Special Education Programs DESTRUCTION OF INFORMATION. The local educational agency informs parents when personally-identifiable information collected, maintained or used under the Individuals with Disabilities Education Act is no longer needed to provide educational services to the child. The information is destroyed at the request of the parents. However, a permanent record of the student’s name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation. 34 CFR § 300.624 TRANSFER OF CONFIDENTIALITY RIGHTS AT AGE OF MAJORITY. Under the regulations for the Family Educational Rights and Privacy Act, the rights of parents regarding education records are transferred to the student at age 18. When the rights accorded to parents under the Individuals with Disabilities Education Act are transferred to a student who reaches the age of majority, the rights regarding educational records in the Individuals with Disabilities Education Act also transfer to the student. However, the local educational agency provides any notice required under the Individuals with Disabilities Education Act to the student and the parents. 34 CFR § 300.625(c) Children With Disabilities Enrolled in Private Schools by Their Parents CHILD FIND. This school district locates, identifies, and evaluates all children with disabilities who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district. The child find process is designed to ensure the equitable participation of parentally-placed private school children and an accurate count of those children. This school district undertakes child find activities similar to the activities undertaken for the agency's public school children. The child find process is completed in a time period comparable to that for students attending public schools in this school district. In carrying out the child find requirements for parentally-placed private school students, this school district includes parentally-placed private school children who reside in another state. 34 CFR § 300.131 Any due process complaint regarding child find requirements must be filed with the school district in which the private school is located and a copy must be forwarded to the Department of Public Instruction. 34 CFR § 300.140(b)(2) PROVISION OF SERVICES. To the extent consistent with the number and location of children with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools located in this school district, this school district provides for the participation of those children by providing them with special education and related services, including direct services determined in accordance with the provision under the “Equitable Services Determined” section of this policy. A services plan is developed and implemented for each private school child with a disability designated by this school district to receive special education and related services under the Individuals with Disabilities Education Act. This school district maintains in its records, and provides to the Wisconsin Department of Public Instruction, the following information related to parentally-placed private school children: (1) the number of children evaluated; (2) the number of children determined to be children with disabilities; and (3) the number of children served. 34 CFR § 300.132
SCHOOL DISTRICT OF CUBA CITY
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Special Education Programs EXPENDITURES. In providing special education and related services, including direct services, to children with disabilities enrolled by their parents in private schools, this school district spends, for children aged 3 through 21, an amount that is the same proportion of the school district’s total Individuals with Disabilities Education Act flowthrough grant as is the number of private school children with disabilities aged 3 through 21 who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in this school district, is to the total number of children with disabilities in its jurisdiction aged 3 through 21. For parentally placed private school children aged 3 through 5, this school district spends an amount that is the same proportion of this school district’s total preschool entitlement funds as the number of parentally placed private school children with disabilities aged 3 through 5 is to the total number of children with disabilities in its jurisdiction aged 3 through 5. This school district may provide services to private school children in excess of those required, consistent with the law and local educational agency policy. In calculating the proportionate amount of Federal funds to be provided for parentally-placed private school children with disabilities, this school district, after timely and meaningful consultation with representatives of private schools, conducts a thorough and complete child find process to determine the number of parentally-placed children with disabilities attending private schools located in this school district. After timely and meaningful consultation with representatives of parentally-placed private school children with disabilities, this school district determines the number of parentally-placed private school children with disabilities attending private schools located in this school district; and ensures the count is conducted on October 1 of each year. The child count is used to determine the amount this school district must spend on providing special education and related services to parentally-placed private school children with disabilities in the next subsequent fiscal year. 34 CFR § 300.133(c)(2) State and local funds may supplement and in no case supplant the proportionate amount of Federal funds required to be expended for parentally-placed private school children with disabilities under the Individuals with Disabilities Education Act. 34 CFR § 300.133(d) The cost of carrying out child find requirements, including individual evaluations, is not considered in determining if this school district has met its obligation to expend a proportionate amount of Individuals with Disabilities Education Act funds to provide equitable services. 34 CFR § 300.131(d) If this school district has not expended for equitable services all of the funds required by the end of the fiscal year for which Congress appropriated the funds, the district obligates the remaining funds for special education and related services (including direct services) to parentally-placed private school children with disabilities during a carry-over period of one additional year. 34 CFR § 300.133(a)(3)
SCHOOL DISTRICT OF CUBA CITY
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Special Education Programs CONSULTATION. To ensure timely and meaningful consultation, this school district consults with private school representatives and representatives of parents of parentally-placed private school children with disabilities during the design and development of special education and related services for the children regarding the following: ● the child find process, including how parentally-placed private school children suspected of having a disability can participate equitably, and how parents, teachers, and private school officials will be informed of the process; ● the determination of the proportionate share of Federal funds available to serve parentally-placed private school children with disabilities including the determination of how the proportionate share of those funds was calculated; ● the consultation process among this school district, private school officials, and representatives of parents of parentally-placed private school children with disabilities, including how the process will operate throughout the school year to ensure that parentally-placed children with disabilities identified through the child find process can meaningfully participate in special education and related services; ● how, where, and by whom special education and related services will be provided for parentallyplaced private school children with disabilities, including a discussion of the types of services, including direct services and alternate service delivery mechanisms, and how special education and related services will be apportioned if funds are insufficient to serve all parentally-placed private school children, and how and when those decisions will be made; and, ● how, if this school district disagrees with the views of the private school officials on the provision of services or the types of services (whether provided directly or through a contract), the district will provide to the private school officials a written explanation of the reasons why the district chose not to provide services directly or through a contract. When timely and meaningful consultation has occurred, this school district must obtain a written affirmation signed by the representatives of participating schools. If the representatives do not provide the affirmation within a reasonable period of time, this school district forwards the documentation of the consultation process to the Wisconsin Department of Public Instruction. If a private school representative files a complaint under 34 CFR § 300.136 to the Wisconsin Department of Public Instruction, this school district will forward appropriate documentation to the department. 34 CFR §§ 300.134, 300.135, and 300.136. EQUITABLE SERVICES DETERMINED. No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services the child would receive if enrolled in the public school. Decisions about the services that will be provided to parentally-placed private school children with disabilities are made in accordance with services plans and consultation processes contained in these policies. The final decisions regarding services to be provided to eligible private school children are made by this school district. 34 CFR § 300.137
SCHOOL DISTRICT OF CUBA CITY
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Special Education Programs If a child with a disability is enrolled in a religious or other private school by the child’s parents and will receive special education or related services from this school district, the district initiates and conducts meetings to develop, review and revise a services plan for the child in accordance with the law. This school district ensures a representative of the religious or other private school attends each meeting. If the representative cannot attend, this school district uses other methods to ensure participation by the private school, including individual or conference telephone calls. 34 CFR § 300.137(c)(2) EQUITABLE SERVICES PROVIDED. The services provided to parentally-placed private school children with disabilities by this school district are provided by personnel meeting the same standards as personnel providing services in this school district, except that private elementary school and secondary school teachers who are providing equitable services to parentally-placed private school children with disabilities do not have to meet the highly qualified special education teacher requirements. Parentally-placed private school children with disabilities may receive a different amount of services than children with disabilities in public schools. 34 CFR § 300.138(a)(2) Each private school child with a disability who has been designated to receive services from this school district has a services plan that describes the specific special education and related services this school district will provide to the child in light of the services the district has determined (after consultation with representatives of private school children with disabilities) it will make available to parentally-placed private school children with disabilities. The services plan, to the extent appropriate, meets the IEP requirements with respect to the services provided. The services plan is developed, reviewed and revised consistent with the provisions in the law concerning IEP teams, when IEPs must be in effect, parent participation in IEP team meetings, and development, review and revision of IEPs. 34 CFR § 300.138(b)(2) Services to parentally-placed private school children with disabilities are provided by employees of this school district or through contract by the district with an individual, association, agency, organization, or other entity. The services, including materials and equipment, are secular, neutral, and non-ideological. 34 CFR § 300.138(c) LOCATION OF SERVICES AND TRANSPORTATION. If this school district provides services to private school children with disabilities at the child’s private school, including a religiously affiliated private school, it will do so to the extent consistent with state and federal law. If necessary for the child to benefit from or participate in the services provided, this school district transports private school children with disabilities from the child's school or home to a site other than the child’s private school and from the service site to the private school or the child's home, depending on the timing of the services. This school district may include the cost of such transportation in calculating whether it has met the requirement to expend a proportionate amount of Individuals with Disabilities Education Act funds on services to parentally-placed private school children with disabilities. 34 CFR § 300.139(b)(2)
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Special Education Programs REQUIREMENT THAT FUNDS NOT BENEFIT A PRIVATE SCHOOL. This school district does not use Individuals with Disabilities Education Act funds to finance the existing level of instruction in a private school or to otherwise benefit the private school. The funds are used to meet the special education and related services needs of parentallyplaced private school children with disabilities, but not for meeting the needs of a private school or the general needs of the students enrolled in the private school. 34 CFR § 300.141 USE OF PERSONNEL. Individuals with Disabilities Education Act funds are used to make public school personnel available in other than public facilities to the extent necessary to provide equitable services for parentally-placed private school children with disabilities and if those services are not normally provided by the private school. If this school district pays for the services of an employee of a private school employee, the employee performs the services outside of his or her regular hours of duty and under public supervision and control. 34 CFR § 300.142 SEPARATE CLASSES PROHIBITED. This school district does not use Individuals with Disabilities Education Act funds for classes that are organized separately on the basis of school enrollment or religion of the students if the classes are at the same site and include both students enrolled in public schools and students enrolled in private schools. 34 CFR § 300.143 PROPERTY, EQUIPMENT, AND SUPPLIES. This school district controls and administers Individuals with Disabilities Education Act funds used to provide special education and related services to parentally-placed private school children with disabilities and holds title to and administer materials, equipment, and property purchased with those funds. Equipment and supplies are placed in a private school for the period of time needed for the Individuals with Disabilities Education Act program. Equipment and supplies placed in a private school are used only for Individuals with Disabilities Education Act purposes and can be removed from the private school without remodeling the private school facility. Equipment and supplies are removed from a private school if the equipment and supplies are no longer needed for Individuals with Disabilities Education Act purposes; or removal is necessary to avoid unauthorized use of the equipment and supplies for other than Individuals with Disabilities Education Act purposes. Individuals with Disabilities Education Act funds are not used for repairs, minor remodeling, or construction of private school facilities. 34 CFR § 300.144 PARENTALLY PLACED CHILDREN IN PRIVATE SCHOOLS WHEN FAPE IS AT ISSUE. The local educational agency is not required to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if the local educational agency made FAPE available to the child and the parents elected to place the child in a private school or facility. The child is considered a parentally placed private school child with a disability. 34 CFR § 300.148
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Special Education Programs Children With Disabilities in Private Schools Placed or Referred by the Local Educational Agency When, pursuant to an IEP, a child with a disability is or has been placed in or referred to a private school or facility by the local educational agency as a means of providing special education and related services, the local educational agency ensures that the child: ●
is provided special education and related services in conformance with an IEP that meets the requirements of the law and at no cost to the parents; ● is provided an education that meets the standards that apply to education provided by the Department of Public Instruction and local educational agencies including the requirements of Individuals with Disabilities Education Act, except that staff are not required to meet the highly qualified teacher requirements; and ● has all of the rights of a child with a disability who is served by a public agency. 34 CFR § 300.146 DEVELOPMENT, REVIEW, AND REVISION OF THE IEP. Before the local educational agency places a child with a disability in, or refers a child to, a private school or facility, the local educational agency initiates and conducts a meeting to develop an IEP for the child in accordance with the law. The local educational agency ensures a representative of the private school or facility attends the meeting. If the representative cannot attend, the local educational agency uses other methods to ensure participation by the private school or facility, including individual or conference telephone calls. After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the local educational agency. If the local educational agency permits a private school or facility to initiate and conduct meetings to review and revise IEPs, the local educational agency ensures the parents and a local educational agency representative are involved in any decisions about the IEP and agree to any proposed changes in the IEP before those changes are implemented. Even if a private school or facility implements a child's IEP, the local educational agency retains responsibility for compliance with the requirements of special education law. 34 CFR § 300.325 When the local educational agency places a child, in a private school as a means of providing special education and related services, the local educational agency ensures an IEP is developed and implemented for each child with a disability and the special education and related services are provided in conformance with an IEP and at no cost to the parents. Wis. Stat. § 115.77(1m)(d) Children in Residential Care Centers When the responsible local educational agency receives a notice from a county or a state agency that a child will be placed in a residential care center, the local educational agency does all of the following: ● if the child is a child with a disability, as soon as reasonably possible and after consulting with the county or state agency, as appropriate, the local educational agency appoints an IEP team to review and revise, if necessary, the child’s IEP and develop an educational placement offer; ●
if the child has not been identified as a child with a disability, the local educational agency:
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Special Education Programs ➢ appoints staff to review the child’s education records and develop a status report; ➢ sends a copy of the status report to the county or state agency within 30 days after receiving the notice that the child will be placed in a residential care center; ➢ appoints an IEP team to conduct an evaluation of the child if the local educational agency has reasonable cause to believe the child is a child with a disability; ➢ ensures the IEP team conducts the evaluation; and ➢ ensures the IEP team develops an IEP and an educational placement offer, in consultation with the county or state agency if the IEP team determines the child is a child with a disability. Wis. Stat. § 115.81(3)(b) When the responsible local educational agency offers an educational placement in a residential care center, the responsible local educational agency: ●
ensures the child receives a free appropriate public education;
● ensures the child’s treatment and security needs are considered when determining the least restrictive environment for the child; ● appoints an IEP team to reevaluate the child, as required by state law, while the child resides at the child caring institution; ● while the child resides at the residential care center, the local educational agency refers the child to another local educational agency after consulting the residential care center and a county department or state agency, if the responsible local educational agency determines that the child’s special education needs may be appropriately served in a less restrictive setting in the other local educational agency; and ● assigns staff or an IEP team to develop a reintegration plan for a child leaving the residential care center, in cooperation with county and residential care center staff. Wis. Stat. § 115.81(4)(a) When this school district receives a referral from the responsible local educational agency because the referring responsible local educational agency believes the child’s special education needs could be met in a less restrictive setting, this school district assigns staff to determine whether the child can appropriately receive special education and related services in the school district. If the assigned staff determine the child can appropriately receive special education and related services in this school district, it provides such services and may apply for state tuition payments under Wis. Stat. § 121.79(1)(a), for the child’s educational expenses. If the assigned staff determines the child cannot appropriately receive special education and related services in this school district, the school district keeps a written record of the reasons for that determination. Wis. Stat. § 115.81(4)(c)
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Special Education Programs Placement Disputes; School Board Referrals; Interagency Cooperation When a dispute arises between the local educational agency and the Wisconsin Department of Health and Family Services, the Wisconsin Department of Corrections or a county, or between local educational agencies over the placement of a child, the local educational agency seeks resolution of the dispute from the State Superintendent. This provision applies only to a placement in a nonresidential educational program made under Wis. Stat. § 48.57 (1)(c) or to a placement in a residential care center made under Wis. Stat. § 115.81. Annually, on or before August 15, the local educational agency reports to the county departments under Wis. Stat. §§ 51.42 & 51.437 the names of resident children who are at least 16, are not expected to be enrolled in an educational program two years from the date of the report and may require services from the county department. If a public agency, as defined by Wis. Stat. § 166.20(1)(i), except that it does not include a local educational agency, is required by federal or state law or by an interagency agreement to provide or pay for the location, identification or evaluation of a child with a disability, including a child with a disability who is not yet 3 years of age, or for assistive technology devices or services, supplementary aids or services, transition services or special education or related services for a child with a disability, and fails to do so, the local educational agency provides or pays for the services. The local educational agency seeks reimbursement for the cost of providing the services from the public agency. Wis. Stat. § 115.812 Local Educational Agency Reporting to State The local educational agency, in providing for the education of children with disabilities within its jurisdiction, has established and implemented policies, procedures and programs that are consistent with state and federal special education requirements, policies and procedures. The local educational agency will modify them to the extent necessary to ensure compliance with the law if the provisions of federal or state laws or regulations are amended, if there is a new interpretation of Individuals with Disabilities Education Act by federal or state courts or if there is an official finding of noncompliance with federal or state law or regulations. 34 CFR § 300.201; Wis. Stat. § 115.77(1m)(f) The local educational agency files with the Department of Public Instruction information to demonstrate all personnel necessary to carry out the requirements of state and federal special education law are appropriately and adequately prepared, subject to the requirements of the personnel requirements of the Individuals with Disabilities Education Act and the Elementary and Secondary Education Act. 34 CFR § 300.207 The local educational agency provides to the Department of Public Instruction information needed for the Department to meet its responsibilities under state and federal special education laws, including information related to the performance of children with disabilities participating in local educational agency special education programs. 34 CFR § 300.211; Wis. Stat. § 115.77(2)
SCHOOL DISTRICT OF CUBA CITY
Policy 342 Page 66 of 68
Special Education Programs The local educational agency reports its plan for providing special education and related services to children with disabilities to the Department of Public Instruction on a schedule and using instructions provided by the Department of Public Instruction. The plan includes: ●
statements of assurance as required by applicable federal law;
● information relating to access of private school pupils to the local educational agency's special education and related services; ● assurances that the local educational agency, in providing for the children with disabilities within its jurisdiction, has in effect policies, procedures, and programs that are consistent with this subchapter and applicable federal law; ● the local educational agency's plan for ensuring that all personnel necessary to carry out the requirements of this subchapter are appropriately and adequately prepared according to applicable state and federal law; ● the data regarding children with disabilities and non-disabled children in the local educational agency that the division is required to collect or report to be in compliance with 20 USC 1400 to 1482; and ●
any other information the division requires to permit its review of the plan.
34 CFR § 300.200; Wis. Stat. § 115.77(4) When the local educational agency participates in a county children with disabilities education board program, annually by October 1, the local educational agency and the county children with disabilities education board submit a report to the state superintendent. The report includes the portion of each school day that each pupil enrolled in the county program, who is also enrolled in the local educational agency, spent in county program classes in the previous school year, and the portion of the school day that the pupil spent in the local educational agency classes in the previous school year. Wis. Stat. § 115.817(5)(d) Appendix of federal law and regulations referenced in the Model Policies and Procedures 34 CFR 99.3 - Family Educational Rights and Privacy Act of 1974 – Definition of Education Records (a) The term means those records that are: (1) Directly related to a student; and (2) Maintained by an educational agency or institution or by a party acting for the agency or institution. (b) The term does not include: (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record. (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of Sec. 99.8. (3) (i) Records relating to an individual who is employed by an educational agency or institution, that:
SCHOOL DISTRICT OF CUBA CITY
Policy 342 Page 67 of 68
Special Education Programs (A) Are made and maintained in the normal course of business; (B) Relate exclusively to the individual in that individual's capacity as an employee; and (C) Are not available for use for any other purpose. (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under paragraph (b)(3)(i) of this definition. (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education that are: (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity; (ii) Made, maintained, or used only in connection with treatment of the student; and (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, ``treatment'' does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution; and (5) Records that only contain information about an individual after he or she is no longer a student at that agency or institution. 42 USC 11434a – McKinney-Vento Homeless Assistance Act, Definition of Homeless Children (2) The term “homeless children and youths”— (A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 11302 (a)(1) of this title); and (B) includes— (i) children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement; (ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 11302 (a)(2)(C) of this title); (iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and (iv) migratory children (as such term is defined in section 6399 of title 20) who qualify as homeless for the purposes of this part because the children are living in circumstances described in clauses (i) through (iii). 18 USC 1365(h) – Definition of Serious Bodily Injury (3) the term “serious bodily injury” means bodily injury which involves— (A) a substantial risk of death; (B) extreme physical pain; (C) protracted and obvious disfigurement; or (D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and
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Policy 342 Page 68 of 68
Special Education Programs (4) the term “bodily injury” means— (A) a cut, abrasion, bruise, burn, or disfigurement; (B) physical pain; (C) illness; (D) impairment of the function of a bodily member, organ, or mental faculty; or (E) any other injury to the body, no matter how temporary. 29 USC 3002(19) - Definition of Universal Design The term “universal design” means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with assistive technologies. 18 USC 930(g)(2) - Definition of Weapon The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length. 20 USC 7801(37) – Definition of Scientifically Based Research The term "scientifically based research"-(A) means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs; and (B) includes research that-(i) employs systematic, empirical methods that draw on observation or experiment; (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (iii) relies on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations, and across studies by the same or different investigators; (iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions and with appropriate controls to evaluate the effects of the condition of interest, with a preference for random-assignment experiments, or other designs to the extent that those designs contain within-condition or across-condition controls; (v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to build systematically on their findings; and (vi) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. ADOPTED: 3/18/08 AMENDED: 9/21/16 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 342.1 Page 1 of 1
Assistive Technology for Students with Special Needs The School District of Cuba City endorses the provision of universally-designed learning environments to meet students’ needs in the least restrictive environment. The environment is designed to be usable by all students to the greatest extent possible without the need for adaptation or specialized design. For those students whose needs are not fully met using this approach, assistive technology devices and services may be required. In accordance with legal requirements, assistive technology must be considered for all students with special educational needs by the students’ individualized education program (IEP) team. Those students having special needs but not requiring a formal IEP according to law will also be considered for assistive technology devices and/or services on a case-by-case basis consistent with legal requirement and district policies and procedures. Legal References: Wisconsin Statutes Chapter 115 Wisconsin Administrative Rule PI9 Individuals with Disabilities Education Act (IDEA), 2003 No Child Left Behind, 2001 Section 504 of the Rehabilitation Act ADOPTED: 2/21/06 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 342.11 Page 1 of 3
Obtaining an Independent Educational Evaluation (IEE) at Public Expense PURPOSE: To provide for parents of students with a disability the appropriate information and general parameters regarding the parents rights to select an Independent Educational Evaluation (IEE). POLICY: 1. The parents should submit to the school district a written request for an IEE, and shall include in such request an explanation of their reasons for objecting to the evaluation obtained by the school district. However, the school district will not deny parents a publicly funded IEE because they fail to provide the district with such a written request or fail to provide reasons for requesting an IEE. 2. Upon receipt of a parental request for an IEE, a determination will be made as to whether the district will initiate a due process hearing to establish the appropriateness of its evaluation or proceed with ensuring that an IEE is provided at public expense. The district will respond in writing to a parent request for an IEE within 15 school days from the date that the district receives the request. 3. If the district decides that an IEE will be made available at public expense, the school district’s written response to the parents will contain the following information: a. A list of names and addresses of IEE examiners located within the Cooperative Educational Service Agency (CESA) 3 area. The list will identify those IEE examiners who, in the school district’s judgment, meet the same criteria that the school district uses when it initiates an evaluation and selects an examiner. If the school district cannot identify a qualified examiner within the CESA 3 area, it will identify an individual located in the State of Wisconsin who is qualified to perform the evaluation. Parents shall be given the opportunity to provide information to the school district that demonstrates that unique circumstances justify selection of an IEE examiner who does not meet the school district’s qualification criteria. b. The location of the evaluation. The evaluation shall occur in the child’s current educational setting and school building of placement, unless the district or the parents, given the opportunity to provide information, demonstrate that unique circumstances may warrant the necessity of evaluating the child at a location outside of the building or the district. c. A description of the district’s criteria to act as an IEE examiner. 4. The following minimum qualifications for IEE examiners are consistent with the school district’s criteria for selecting examiners when initiating an evaluation. Examiners with credentials or characteristics other than those listed below may not be provided by the school district at public expense. a. An examiner (the “examiner”) must be licensed by the Wisconsin Department of Public Instruction in the appropriate field when the area of evaluation is governed by state licensure, and have recent educationally based experience; or hold a college or university degree and training in the appropriate field of expertise where no applicable license exists, such as attention deficit disorder or autism. Physicians, nurses, psychiatrists and non-school psychologists must be licensed by the State of WI.
SCHOOL DISTRICT OF CUBA CITY
Policy 342.11 Page 2 of 3
Obtaining an Independent Educational Evaluation (IEE) at Public Expense b. The examiner must be located in the CESA 3 geographic area. Any exceptions to this shall be considered by the district on the individual merits of the evaluation requested. c. The examiner must charge fees for educational evaluation services that, in the judgment of the district, are reasonable. d. The examiner shall not be an employee of the district. e. The examiner shall have access to current and past evaluation documents and staff; specifically, the examiner must be permitted to directly communicate and share information with members of the IEP Team and the district Directory of Special Education. The examiner must also be allowed to conduct in-class observations if the school district’s examiner observed the child as part of his or her assessment, or as a required component of the evaluation of a learning disability. The examiner must also agree to release the assessment and results, including parent and teacher surveys, prior to receipt of payment for services. f.
Timeline for Independent Evaluation: This evaluation will be conducted and completed within ninety days of the written parental request; except when the district cannot locate outside examiners within a timely fashion, or the parents and district agree to an outside evaluator who cannot schedule and perform the evaluation within these parameters.
g. The findings of the IEE examiner will be considered by the district IEP team, consistent with the requirements of state and federal special education law regarding the IEP team composition and evaluation process. h. The RSN Director for CESA 3 will maintain an IEE list of individuals residing within the geographical area of CESA 3. 5. The maximum allowable cost for an examiner will be his or her average salary per day or hour during the current school year, mileage expenses, and the cost of a substitute teacher replacement if one is needed during the absence of the examiner. The cost will be determined by the individual designated as the contact person for the school district. In the event the examiner is one not typically employed by CESA 3 or a school district, such as a medical doctor, psychiatrist, clinical psychologist, or other similar professional, reimbursement of costs will be limited to reasonable and customary charges as determined by the school district and its insurance carrier. If the district believes the requested expenses are unreasonable, it may decline to provide the full cost of the IEE and initiate a due process hearing to challenge the provision of the IEE at public expense. 6. Parents may submit information for the school district to consider that demonstrates unique circumstances justifying an IEE examiner whose credentials or characteristics are different than the criteria used by the school district and explains why expenses exceed the maximum allowable cost. When insurance will cover all or partial costs of the IEE, the district will request that the parents have their insurance pay the IEE costs covered by their insurance. The school district may access a parent’s private insurance proceeds only if the parent provides informed consent each time the public agency proposes to access the parent’s private insurance. Parents may refuse such consent. However, parents need not ask their insurer to cover the IEE costs if such action would result in a financial cost to the
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Policy 342.11 Page 3 of 3
Obtaining an Independent Educational Evaluation (IEE) at Public Expense parents, such as an increase in premiums or the discontinuance of the policy. The school district may use public insurance benefits in which a child participates to provide or pay for services, such as Medicaid, when consistent with federal law. 7. In the event the IEE is ordered by an Administrative Law Judge (ALJ) as part of a due process hearing pursuant to Wis. Stat. § 115.80 or as part of a mediation session conducted pursuant to Wis. Stat. § 115.797, the ALJ or mediator may determine the qualifications of the examiner and the costs to be reimbursed by a district. 8. If a dispute or disagreement arises regarding the parent’s right to obtain an IEE at public expense, the selection of an IEE examiner, the location of the evaluation, or the maximum allowable cost of the IEE, the school district may, without unnecessary delay, initiate a due process hearing to demonstrate that the evaluation obtained by the parent did not meet the agency’s criteria. LEGAL REF: Chapter 115, Subchapter V Wisconsin Statutes Section 118.13 PI 11, Wisconsin Administrative Code Section 504 of the Rehabilitation Act of 1973 Individuals with Disabilities Education Act Americans with Disabilities Act of 1990 CROSS REF: 410, Equal Educational Opportunities 342, Special Education Programs Section 504 Plan Special Education Handbook ADOPTED: 4/20/2010 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 342.7 Page 1 of 4
Procedures for Testing and Assisting English Language Learners A. Identification of English Language Learners 1. All new students enrolling in the District will be asked to complete a home language survey. The survey will be used to identify the following students for further evaluation and possible eligibility for the District’s services or programs for English language learners (ELLs): a. Students who communicate in a language other than English; or b. Students whose families use a primary language other than English in the home; or c. Students who use a language other than English in daily non-school surroundings. 2. After any initial identification as provided above, or after some other initial referral indicating that language may be a barrier to the student’s learning, the District will review the student’s available academic history, consider any input provided by the parent or guardian, and any input based on the student’s performance in school. 3. Students will receive a formal screening for potential placement via testing if: (a) the review of the student’s academic history indicates a possible language barrier, (b) a lack of sufficient information on which to judge academic performance and/or the extent to which limited English proficiency may be a barrier to learning, or (c) the student is newly arrived in the United States. 4. Parents and guardians will be notified of identification, assessed proficiency, placement and other information as required by law. Parents and guardians may also withdraw their child from offered supports and services at any time. B. Assessing English Proficiency 1. On or before March 1 each year, District staff shall conduct a count of all English language learners (ELL) enrolled in District schools, assess the language proficiency of such students and classify such students by language group, grade level, age and English proficiency. 2. ELL students shall be assessed to determine their English language proficiency using the Department of Public Instruction (DPI)-approved English proficiency assessment instrument – ACCESS ELLs®. The assessment shall be administered by an English-as-a-second-language teacher or another licensed staff member designated by the building principal who the principal determines has sufficient training and knowledge to assist with the process. The District may also use information such as the following when assessing a student’s English proficiency: prior academic records from within or outside the United States, information on everyday classroom performance, and course grades which, in relation to the student’s grade level, indicate that lack of progress is due to limited English language skills. 3. ELL students assessed shall be classified and reclassified as appropriate, according to their English proficiency level as outlined in state rules (Level 1 – Beginning Preproduction through Level 6 – Formerly Limited-English Proficient Now Fully-English Proficient). 4. Student English proficiency assessment records shall be maintained by the District in accordance with state and federal laws and District student records policies and procedures. Reports regarding ELL students shall be made to the DPI as legally required.
SCHOOL DISTRICT OF CUBA CITY
Policy 342.7 Page 2 of 4
Procedures for Testing and Assisting English Language Learners C. Assessing Academic Performance Decisions regarding academic performance and assessment shall be made on an individual basis for each ELL student, and information on both academic and English proficiency data shall be documented and considered. Decisions regarding the appropriate approach to assessment, including the planned approach for the student’s state-mandated academic assessments, shall normally be made by classroom teacher and building principal, English as a second language teacher and communicated to the student’s parent(s) or guardian. D. ELL Students and State Academic Assessments 1. The results of both state-required tests and alternative assessments shall be used in a manner that is consistent with District policies in making instructional, promotion and graduation decisions. Test results may not be used as the sole criterion in reclassifying an ELL student from a bilingual-bicultural education program or in determining grade promotion, eligibility for courses or programs, eligibility for participation in post-secondary education opportunities. Similarly, exemption of an ELL student from taking a state-required test may also not be used as the sole criterion for making such determinations. 2. The District shall administer a state-required test to an ELL student unless a determination has been made that the results of the test, with allowable accommodations made for the student as needed, will not be a valid and reliable indicator of the student’s academic knowledge and skills. Such determinations are to be made on an individualized, case-by-case basis. If an ELL students is exempted from taking a state-required test, he/she shall be administered a DPI-approved alternative assessment. a. Before making decisions regarding state-required academic assessments for any ELL student, the District will first determine if the student has recently arrived in the United States. “Recently arrived” refers to a student that has attended a U.S. school for less than 12 months. (1) A recently arrived ELL student may be exempted from one required administration of the state’s reading assessment. (2) Recently arrived students must participate in all other content areas (with or without accommodations). (3) If the District does not assess a recently arrived ELL student on the state’s reading/language arts assessment, the District must count the year in which the assessment would have been administered as the first of the three years in which the student may take the state’s reading/language arts assessment in an alternative format (see paragraph b in this section, immediately below). b. Except as specified below in b(1) and b(2), students at English proficiency Level 1 or Level 2 as defined by the state English proficiency level standards shall participate in an alternative assessment even if they participate in a state-required test. (1) Students at English proficiency levels 1 or 2 who have attended school in the first grade or any higher grade in the United States, not including Puerto Rico, for three or more full consecutive school years shall participate in academic assessment of reading or English language arts using tests written in English. (2) The District may continue, for no more than two additional consecutive school years, to assess a student described in (1), immediately above, with an alternate assessment, rather than the state-required tests, if the District determines that the student has not reached a level of English language proficiency sufficient for the tests written in English to yield valid and reliable information about what the student knows and can do. This determination shall be
SCHOOL DISTRICT OF CUBA CITY
Policy 342.7 Page 3 of 4
Procedures for Testing and Assisting English Language Learners made on a case-by-case basis. c. Students at English proficiency levels 3 through 5 as defined by the state English proficiency level standards shall participate in a state-required test but may also participate in an alternative assessment, based upon the District’s assessment of the student’s overall academic performance and its determination as to whether the alternative assessment and the results obtained from the assessment are likely to be beneficial to the student. d. If an ELL student participates in a state-required test, the District shall provide testing accommodations for the student if they are needed. Any accommodations made shall maintain the validity of the test. Testing accommodations may include, but are not limited to, one or more of the following: (1) providing the assistance of a qualified translator to translate instructions or read items from tests that do not assess English language competency; (2) providing small group or individual testing opportunities; (3) providing more practice tests or examples before the actual test is administered; (4) allowing ELL students to use dictionaries or other educational aids while taking the test unless this use would invalidate the test; (5) allowing ELL students as much time as necessary to complete the test; and (6) any other accommodation approved by the DPI. 3. School personnel shall make reasonable efforts to consult with a student’s parent or guardian regarding the planned approach to the student’s state-required academic assessments. 4. Student test/alternative assessment results shall be communicated to the student’s parent or guardian and to the DPI as required by law. E. Educational Program Assistance 1. An ELL student will be provided educational program assistance and/or services as appropriate and necessary to help the student improve his/her English language skills and academic performance. The degree of curricular and instructional modification, type of support or other program services and their duration shall be determined individually, based on student need. F. Students Exiting the ELL Program Based on Proficiency 1. Except in unusual circumstances where the District determines that observations and academic performance demonstrate that a student should maintain his/her Limited English Proficient status, an ELL student will be exited from the ELL program or services when the student either: a. In grades K-12, achieves a 6.0 composite score on the ACCESS for ELLs®; b. In grades 4-12 only, achieves a composite (overall) score of 5.0 or above plus a minimum literacy sub-score of 5.0 or above on the ACCESS for ELL®; or c. Achieves some other testing/achievement benchmark that meets an established state standard for automatically reclassifying and exiting the student. 2. An ELL student may also be eligible for exiting from the ELL program or services if all of the following conditions are met: a. The student has completed fourth grade.
SCHOOL DISTRICT OF CUBA CITY
Policy 342.7 Page 4 of 4
Procedures for Testing and Assisting English Language Learners b. The student has attained an English level proficiency of level 5, including a composite (overall) score of 5.0 on the ACCESS for ELLs®. c. Two or more additional pieces of evidence demonstrate that the student has become fully English language proficient. Evidence should include demonstrations of grade-level proficiency, without the use of adapted or modified English materials or English learner accommodations on standardized measures such as: state academic content assessments; District-level standardized assessments (e.g., Measures of Academic Progress – MAP), classroom grade-level curriculum derived assessments, and writing samples and assessments such as final or unit exams. d. The student’s parent(s) or guardian and teachers agree that language is no longer a barrier to the students’ ability to access academic content. 3. Once students have been exited from the ELL program, they shall no longer be tested on their English proficiency or receive state testing accommodations for ELL students. However, the District will continue to monitor the exiting student for two additional years through teacher observation and by documenting adequate progress/classroom performance. If it is determined that the student was exited from the ELL program prematurely, he/she will be placed back in the ELL program and provided appropriate services. G. Notices and Other Communications with Parents and Guardians District personnel are expected to make reasonable efforts to present formal notices and other information to parents and guardians in an understandable format and in a language parents and guardians can understand. Notices and communications may be provided in the parent’s or guardian’s primary language (preferred when practical, and required by law in some instances), in English with additional explanation, or via other means that sufficiently convey the required information (e.g., using direct translation assistance if available and if necessary). ADOPTED: 5/18/16 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 342.71 Page 1 of 2
Services for English Language Learners The School Board recognizes that within the District there are students whose primary language is not English. The Board shall provide appropriate educational and support services for these students to help them acquire English language skills that will enable them to function successfully in an all English classroom and help them meet established academic standards. The District shall assess the English proficiency and academic progress of English language learners (ELL) in accordance with legal requirements and established District procedures. The degree of curricular and instructional modification, type of support services and their duration shall be determined individually based on student need. Decisions regarding the administration of state-required tests to ELL students shall be made on a case-by-case basis. Any ELL student exempted from taking a state-required test shall be administered an alternative assessment approved by the Department of Public Instruction. The results are both state-required tests and alternative assessments shall be used consistent with District policies in making instructional, promotion and graduation decisions. Test results may not be used as the sole criterion in reclassifying an ELL student from a bilingual-bicultural education program or in determining grade promotion, eligibility for courses or programs, eligibility for graduation or eligibility for participation in postsecondary education opportunities. Exemption of an ELL student from taking a state-required test may also not be used as the sole criterion for making such determinations. Parents and guardians of ELL students shall be notified of student testing arrangements and of educational programs and services available to help their children improve their English language skills and academic achievement. These notifications shall be made consistent with legal requirements and in such manner as to ensure that the student’s parent or guardian understands them. Students shall be exited from ELL programs or services when they have met the District guidelines and state criteria for English proficiency. Once students have been exited, they shall no longer be tested on their English proficiency or receive state testing accommodations for ELL students. Former ELL students shall be monitored for two years after exiting the program. If during that time, it is determined that the student was exited from the ELL program prematurely, he/she shall be placed back in the program. Legal References: Wisconsin Statutes Section 115.96
[determining count of limited-English proficient students; establishing bilingualbicultural programs] Section 115.97 [bilingual-bicultural programs required] Section 118.13 [student nondiscrimination] Section 118.30(2)(b)2 [state assessments; accommodations for limited-English proficient students] Section 121.02(1)(r) [school district standard; standardized 3rd grade reading test] Section 121.02(1)(s) [school district standard; state assessments] Wisconsin Administrative Code PI 8.01(2)(r) PI 13
[standardized 3rd grade reading test; procedures required for testing LEP students] [school board requirements related to limited-English proficient students, including policy requirements]
SCHOOL DISTRICT OF CUBA CITY
Policy 342.71 Page 2 of 2
Services for English Language Learners Federal Laws Elementary and Secondary Education Act (Part A-Subpart 1) [academic standards, assessments and accountability for student achievement, including limited-English proficient students] Title III of the Elementary and Secondary Education Act [language instruction for limitedEnglish proficient and immigrant students] Federal Regulations 34 C.F.R. §200.6(b) ADOPTED: 5/18/16 AMENDED: REPEALED:
[federal regulations regarding mandated testing and assessment of ELLs]
SCHOOL DISTRICT OF CUBA CITY
Policy 342.71 A Page 1 of 1
Home Language Survey To make sure that all students receive the educational services that they need, the law requires school districts to ask questions about students’ language backgrounds. The answers to the questions will (1) assist the School District in determining whether a student’s proficiency in English may need to be evaluated, and (2) assist the School District in communicating with the home. Thank you for your assistance. Your answers to this survey are used for school purposes only. DIRECTIONS: (1) Please fill out a separate Home Language Survey for each child; (2) respond to each question; (3) sign the form; and (4) return the completed form to the school office. Student’s Name: ________________________________
Parent/Guardian Name(s): (Please print)
Student’s Date of Birth: _______________________
________________________________________
1. What is the primary language spoken in the student’s home, regardless of the language(s) spoken by the student? English
Other Language (Please specify) _________________________
2. What language did your child first learn? English
Other Language (Please specify) _________________________
3. What is the primary language that you use when speaking to your child? English
Other Language (Please specify) _________________________
4. What is the language most often spoken by your child when not at school? English
Other Language (Please specify) _________________________
5. Is there an adult in your home who can read and understand English? Yes
No
If not, what language(s) can be read and understood? _________________________________________ 6. When different options are available, in what language would you prefer to receive information from your child’s school? English
Other Language (Please specify) _________________________
________________________________________ Parent or Guardian Signature
___________________________ Date
If you have questions about this survey, please contact the superintendent, at 608-744-8888. ADOPTED: 5/18/16 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 343.4 Page 1 of 2
Course Options Program Resident Students Attending Individual Courses in Other Educational Institutions Any student enrolled full-time in a public school in the District may apply to take course(s) in another educational institution under the “Course Options” program in accordance with state law. A student may attend no more than two courses in any semester in another educational institution under this program. The District shall deny a resident student’s application to attend a course(s) in another educational institution under the “Course Options” program if: 1. The student’s application was not submitted in the manner and within the time limits established by state law; 2. The course conflicts with the student’s individualized education program (IEP); 3. The course does not conform to or support the student’s formal academic and career plan, if the student has developed any such plan; or 4. The course does not satisfy a high school graduation requirement. The Building Principal, and the Special Education Director shall be responsible for reviewing all course applications received from District students and accepting or denying them in accordance with the criteria outlined above and established District procedures. The District shall pay the costs for the course as required by state law and the Wisconsin Department of Public Instruction. To the extent required by any state law or by any Department of Public Instruction (DPI) regulation or DPI procedure, the District shall process the “Course Options” application of any nonresident student whose primary school enrollment and attendance is within the public schools of the District as though the student were a resident student seeking to take a course outside the District. In other words, in any situation where the District is required to fulfill the requirements of a resident school district under the “Course Options” program, the District shall do so. Nonresident Students Attending Individual Courses in the District Nonresident public school students residing within the State of Wisconsin may apply to take a course(s) in the District under the “Course Options” program in accordance with state law and established procedures. Students may attend no more than two total courses in the District and/or in any other educational institutions under the “Course Options” program during any semester. The District will deny any application that is not submitted in the manner and within the time limits established under state law and applicable District procedures. The Building Principal and the Director of Special Education shall be responsible for reviewing all course applications received from nonresident students under this policy and for accepting or denying them in accordance with the same criteria that is used for making course-related eligibility decisions for students who are District residents (e.g., space availability in the course, meeting course prerequisites, academic requirements, conduct-related requirements, etc.). Preference shall, however, be given for attendance in a course to any otherwise-eligible student whose primary school enrollment and attendance is within the public schools of the District and to residents of the District who are otherwise entitled to apply to take the course under state law or under any Board policy. If the District receives more nonresident student applications to attend a course than there are spaces available, determination of which students to accept shall be made on a random basis.
SCHOOL DISTRICT OF CUBA CITY
Policy 343.4 Page 2 of 2
Course Options Program A nonresident student shall not be permitted to take a course under this policy during the term of his/her expulsion from the District or from another school to the same extent that the District would deny the student’s request, if he/she were a resident of the District, to enroll and take courses as a full-time student during the term of his/her expulsion. Other conduct-related criteria that the District would apply to determine the course eligibility of a resident student shall also be applied to nonresident student applicants. The District shall provide equal opportunities for students with disabilities to attend courses in the District under the “Course Options” program. However, if a question arises as to possible course accommodations or modifications for a student with a disability, or as to the District’s ability to implement the student’s IEP, the District shall contact the student’s parent or guardian and involve representatives of the school(s) responsible for the IEP to the extent necessary and appropriate. Nonresident students attending courses in the District will have all of the rights and privileges of similarlysituated resident students and will be subject to the same policies and rules as similarly-situated resident students, except that the District shall not charge to or receive from the student any payment other than the payment that the student’s resident school district makes to the District pursuant to state law. Provisions Applicable to All Students Seeking to Attend Courses under this Policy Transportation to and from any courses(s) taken under this policy shall be the sole responsibility of the student’s parent or guardian, unless state or federal law otherwise requires the student’s resident school district or the educational institution that is offering the course to provide transportation. Following the District’s initial acceptance of any course application(s) under this policy, the parent or guardian must provide timely written notice to the District confirming the student’s intent to attend the specific course(s). If this confirming notice is not received by the District prior to the date the course is scheduled to begin, the student will not be permitted to attend the course under this policy. LEGAL REF.: Sections 118.13, 118.145(4), 118.52, 118.53, 118.55 Wisconsin Statutes ADOPTED: 7/16/14 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 343.42 Page 1 of 1
Youth Options Program District students enrolled in grades 11 and 12 may participate in the Youth Options Program in accordance with state law and established procedures. The Youth Options Program provides eligible students an opportunity to take one or more courses at a Wisconsin institution of higher education (including participating private institutions) or a technical college while in high school if they are accepted for enrollment in such institution or college and there is space available in the requested course. If a course is taken for high school credit, the course shall not be taken on a pass-fail or audit basis. The course shall be taken for a grade and that grade will become part of the student’s cumulative grade point average (GPA). The high school principal will review and determine if the requested course is comparable to a course offered at the high school level, whether it satisfies graduation requirements, and what, if any, high school credits will be awarded to the student. The Board of Education shall approve the enrollment of each student in the Youth Options Program. Payment for Courses taken as part of the Youth Options Program: 1. If the course is taken for high school credit and the course is not comparable to a course offered in the District, the Board shall pay the tuition and fees for the course. 2. If the student is taking the course for postsecondary credit only or the course taken is comparable to a course offered in the District, the student shall pay the tuition and fees for the course. 3. If the student attending courses at a technical college under this program is a student with a disability, the Board shall also pay the costs of any special services required for the student as determined jointly by the District and technical college. The District may refuse to permit a student with a disability to attend a technical college under this program if it determines that the cost to the District would impose an undue financial burden on the District. 4. The District shall pay for no more than the equivalent of 18 postsecondary semester credits (4½ high school credits) per student. The District shall not, however, limit the number of postsecondary semester credits a student may take at his/her own expense. 5. The District will pay only for the courses that are successfully completed. If a student receives a failing grade in a course or fails to complete the course, the student’s parent/guardian or the student, if an adult, is responsible for reimbursing the District for payment of the tuition, and fees paid by the District. If this reimbursement is not made, the student on whose behalf the payment was made is ineligible for any further participation in the Youth Options Program. Students participating in the Youth Options Program shall be responsible for providing their own transportation to and from postsecondary courses under this program. Students who qualify for free and reduced price meals may request a Youth Options transportation reimbursement claim form from the guidance department and submit it to the Department of Public Instruction for transportation aid reimbursement. The High School guidance department shall administer the Youth Options Program in the District. All high school students will be informed annually of the Youth Options Program. LEGAL REF.:
Sections 118.33 and 118.55 Wisconsin Statutes PI 40, Wisconsin Administrative Code
ADOPTED: 1/18/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 345.1 Page 1 of 1
Grading Systems The School Board believes that academic success and personal growth of students are best attained when: 1. 2. 3. 4.
learning targets are clear and presented to students prior to instruction; progress is monitored regularly and fairly; students receive prompt, specific feedback; and parents and guardians are involved frequently.
Evaluation methods should enhance student potential for learning, develop the spirit of inquiry and develop positive self-image. Students should be assessed and evaluated both on how their achievement compares to established academic standards and benchmarks and how they are progressing as self-directed learners. The grading/reporting system shall be uniform District-wide at comparable grade levels. The focus must be on learning, not just time spent in class. While teachers may assign different weights to tests, projects and homework, the District will not weight individual courses for transcript purposes. This includes at the high school level. The records and reports of individual students shall be kept in a form that will be meaningful to parents and guardians and students as well as teachers. The results should serve as a tool for communication with parents and guardians in regard to their child’s education program. Parents and guardians of students with disabilities shall be regularly informed of their child’s progress toward the annual goals outlined in the child’s individualized education plan (IEP) and the extent to which that progress is sufficient to enable the child to achieve the goals by the end of the effective period of the IEP. They shall be informed at least as often as parents and guardians of nondisabled students are informed of their child’s academic progress. The Board recognizes that any grading/reporting system, however effective, is subjective in nature but urges all faculty members to conduct student assessments and evaluation as objectively as possible. Staff members will be expected to inform students and parents and guardians of the criteria used for grading/evaluation in their classes. Staff development will help ensure quality instructional experiences that give students the best opportunity to attain the expectations. The District shall not discriminate in the methods, practices and materials used for evaluating students on the basis of sex, race, religion, color, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability or handicap. This does not, however, prohibit the use of special testing materials or techniques to meet the individualized needs of students. Discrimination complaints shall be processed in accordance with established procedures. Legal References: Wisconsin Statutes Section 115.787 Section 120.12(2) Section 120.13
[required components of IEPs for students with disabilities] [board duty; advice regarding instruction and student progress] [board power; make rules for organization and gradation of schools]
Wisconsin Administrative Code PI 9.03(1) HEA 9.05(2)
[student nondiscrimination in student evaluation/testing policies] [high school grading policy required]
Cross References: Policies 301, 303, 305, 306, 342, 345.4, 346, 360 ADOPTED: 7/20/16 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 345.4 Page 1 of 1
Promotion, Retention and Acceleration The philosophy of the Cuba City School District is for all students to achieve optimal learning based on high expectations and considerations of their abilities and needs. The Board recognizes that students have diverse capabilities and interests and individual patterns of growth and learning. Therefore, the Board believes it is important that teachers have as much accurate knowledge of each student as is possible through tests, and observations of students’ intelligence, achievement, work habits, skills, health, and home environment. Children will usually progress annually from grade to grade, spending one year in each. The principle basis for promotion to the next grade is the amount of individual growth experienced by a pupil. Factors considered in such growth are academic achievement, chronological age, mental ability, social and emotional adjustment, physical characteristics, and individual progress. Some students may benefit by staying another year in the same grade. In such cases, the parent(s)/guardian(s) shall be contacted in advance. Teachers shall notify the principal by the end of second quarter of any possible retention in a class. Parent(s)/guardian(s) will be notified of the possible retention. Because the promotion of students from the fourth grade to the fifth grade and from the eighth grade to the ninth grade is affected by State Statutes (ss. 118.33)(6)(a), this grade advancement policy applies to such promotions. Other district policies relating to the promotion of students apply if they are not inconsistent with this policy. Beginning on September 1, 2002, no student may be promoted from the fourth grade to the fifth grade or from the eighth grade to the ninth grade unless the student satisfies the criteria for promotion in this policy. Grade advancement from fourth to fifth grade and from eighth to ninth grade shall be based on a student’s academic performance, test scores, teacher/principal recommendations, and other academic criteria. Criteria will be defined in the following way: Academic performance: criterion referenced assessments Test scores: performance on the Wisconsin Knowledge and Concepts Examination Teacher(s)/principal recommendation: report card grades Other academic criteria: tutoring plan, summer school remediation plan Performance as required by Individual Education Plan (IEP) Performance as required by Alternate Education Plan (504) Some students may experience greater success through accelerated promotion. Students who are advanced may be allowed to advance a grade(s) during their elementary or middle school years. A collaborative effort involving the administration, teacher(s), and parents should determine the appropriate placement for the child. The final authority for grade placement of a child is the superintendent. ADOPTED: 1/18/05 AMENDED: 2/21/06 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 345.6 Page 1 of 1
Diplomas For Veterans The School Board will consider awarding a diploma to veterans who left high school before completion of the usual high school graduation requirements to serve in the armed forces of our country during a war period. A person may be awarded a diploma under this policy even though he/she has not satisfied the diploma or graduation requirements under other District policies and notwithstanding the graduation requirements of section 118.33(1) of the state statutes. Further, a person may be awarded a diploma under this policy even if the person has already received a high school equivalency diploma after serving on active duty in the armed forces, if the person meets the other requirements of this policy. In order to be considered for receipt of a diploma under this policy, a person must satisfy the following criteria: 1. The person must be at least 65 years old; 2. The person must have attended high school in the District or attended high school in Wisconsin and currently reside in the District; 3. The person must have left high school before receiving a high school diploma to join the U.S. armed forces during a war period (including, among others listed in section 45.35(5)(e) of the state statutes, World War II, the Korean Conflict, Vietnam War and Persian Gulf War); and 4. The person must have served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces. In addition, the Board will consider awarding a high school diploma to a person who has died, but who, before dying, satisfied the conditions set forth in items (2) through (4) above. A person requesting a diploma under this policy shall submit information to be used to determine whether the above criteria are met. Such person also may, and is encouraged to, submit any other information relating to the veteran’s academic performance and community service in the District or elsewhere that may aid the superintendent and Board in considering the request. The superintendent shall determine whether the veteran has satisfied the criteria outlined above and may adopt procedures needed to make that determination. The Board will consider a request for a diploma under this policy from or on behalf of any person who has been determined by the superintendent to have satisfied the criteria. The Board may also review any information submitted by the individual and any information in District records relating to the veteran in deciding whether to grant a diploma under this policy. ADOPTED: 10/21/08 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 346 Page 1 of 1
Assessment Program The Board of Education believes that the student assessment program should provide a source of information that can be used to improve the total education process. Systematic collection, interpretation and application of assessment data is necessary to ensure quality improvement of student achievement, accountability for teaching and learning, and appropriate program review. Therefore, the Board stipulates that a continuous student assessment program based on the curriculum of the district and reflecting a flexible approach to assessment shall be maintained in the School District of Cuba City. In addition to the standardized educational achievement tests, the District assessment plan shall reflect use of a variety of assessment methods appropriate to the target and purpose. These may include district assessments, informal teacher-created assessments, instruments supplied by textbook companies, diagnostic assessments, tests of learning aptitude, career awareness and aptitude/attitude assessments, portfolios, performance assessments and such tests required by state and federal laws. The student assessment program shall be designed to assist the professional staff to: assess individual student growth in relation to the district goals, learning outcomes, and comparative norms; provide feedback to parents/guardians and staff in terms of student progress and program effectiveness; assist students and parents/guardians in making personal, vocational, and educational decisions; make educational decisions aimed at meeting the individual learning needs of students; identify strengths and weaknesses in curriculum and instructional strategies; identify students whose exceptional abilities and achievements may be further challenged; allocate resources based upon the identified needs of students; make decisions relative to grade level placement of transfer or re-entry students; and compare local results with local, state, and national norms. Test data along with other appropriate information are to be used in making educational decisions concerning individuals or instructional programs. When interpreting assessment results, the following types of variables shall be considered: reliability and validity of the instruments used; aptitude and ability of the students involved; and the mobility of the population. Decisions regarding the assessments of students with disabilities and English language learners shall be made on an individual basis in accordance with established District policies and procedures and state and national laws. Assessment and achievement results shall be disseminated to students, parents/guardians, the administration, the Board, and to the public annually in accordance with law. The School District of Cuba City shall not discriminate in the methods, practices and materials used for testing and evaluating students on the basis of sex, gender, race, national origin, color, religion, ancestry, creed, pregnancy, marital or parental status, sexual orientation, handicap or physical, emotional or learning disability. Discrimination complaints shall be processed in accordance with established procedures. ADOPTED: 2/21/07 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 360 Page 1 of 5
Instruction The School District of Cuba City does not discriminate against pupils on the basis of sex, race, national origin, ancestry, creed, color, religion, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability or handicap in its education programs or activities. Discrimination complaints shall be processed in accordance with established procedures. The Cuba City Public Schools are not committed to any single method of teaching. Teachers are expected to use those generally accepted techniques with which they feel most comfortable and which they consider most effective for them. The study and evaluation of new methods, however, by individual teachers, by committees, and by the administration for possible implementation is encouraged. Controversial Issues Controversial issues often arise from conflicts in the interests, beliefs, or affiliations of large groups of citizens. Through the unbiased study of such issues (political, economic, or social) our pupils will have the opportunity of gaining insights and understandings needed for literate citizenship. The curriculum shall include our American heritage (our established truths and accepted values) and, in doing this, provide opportunity for pupils to study controversial issues under competent guidance. Teachers and pupils are encouraged to analyze current problems, gather and organize pertinent facts, discriminate between fact and opinion, detect propaganda, identify prejudice, draw intelligent conclusions, respect the opinions of others, and accept the principles of majority rule and the rights of minorities. Teachers have an obligation to preserve an attitude of impartiality coupled with intellectual honesty. To the extent that this is maintained they should feel confident of the firm support of the administration and board of education. Homework Excused absences should not be followed by extensive home assignments; rather, emphasis should be placed on the child understanding the concepts that were presented during their absence. K-6 Level
The assignment of work to be completed should be kept to a minimum. When work is taken home, it should be the extension and completion of work begun at school. If parents expect or desire home study, teachers should be prepared to give suggestions as to how parents can provide challenging experiences, which will reinforce school learning and reduce weaknesses.
7-12 Level
The total amount of time spent on out-of-class homework by pupils should approximate one hour per day in the seventh grade and increase gradually to approximately two hours per day by the time a pupil has reached the senior high school level. In general, regular assignments on weekends should be de-emphasized. Weekend work should usually be limited to recreational reading and work on long-term assignments and projects.
SCHOOL DISTRICT OF CUBA CITY
Policy 360 Page 2 of 5
Instruction Textbooks, Materials and Equipment Every effort is made to provide books and materials that present a balanced view of the problems and issues of the times – international, national, state and local. Books of sound factual authority are not prescribed, nor are they removed from the schools because of partisan approval or disapproval. The board recognizes the right of an individual parent to request that their child not read a particular book. Such a request should be made to the child’s building principal. The board of education reserves the right to make the final decision on controversial reading. Workbooks may be furnished by the district to complement basic reading texts. They shall be furnished when the need has been determined by the teacher, principal, and curriculum coordinator or superintendent, as appropriate. The superintendent shall be responsible for developing a plan and the necessary criteria by which supplies, replacements, and new equipment are kept up to date and allocated in the best interest of the pupils and staff. Selection of equipment, reference books, and instructional materials is determined by the faculty and administrative staff. Final recommendation is made to the superintendent in writing. Board of Education approval is normally made through the budgetary process. The board feels the students should be responsible for the books and materials issued to them to be used during the year; therefore, the following guidelines will be followed when there is damage or abuse to books, equipment and materials: 1. Any book damaged beyond use during the first year will be reimbursed at the full price. After the first year, the reimbursement will be pro-rated from the full cost. 2. Equipment, materials, and property will be pro-rated from the full cost. Library Media Center Materials Selection Policy The Materials Selection Policy for Library Media Centers (LMCs) is based on the tenet that a self-governing, pluralistic society requires a literate, informed citizenry, which understands and values individual differences. To make informed choices, people must have free access to ideas and know how to secure and evaluate information. LMCs must, therefore, provide selected materials that represent a wide diversity of information and ideas. The School District of Cuba City does not discriminate against pupils on the basis of sex, race, national origin, color, ancestry, creed, religion, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability or handicap in its education programs or activities. Instructional materials include, but are not limited to, books - the literature of children, young adults and adults - , other printed materials, and audio visual materials including films, recordings, computer software, and any newer media developed to aid the learning process. The Cuba City Board of Education is legally responsible for the selection of LMC materials. This responsibility is delegated by the Board of Education to the professionally trained and certified staff employed by the school system. While teachers, administrators, students, and citizens are encouraged to be involved, the responsibility for coordinating the selection of instructional materials and for making recommendations for purchase rests with certified media personnel who know the curriculum, the LMC collection, the students, and the philosophy of the school system.
SCHOOL DISTRICT OF CUBA CITY
Policy 360 Page 3 of 5
Instruction The basic objective of media selection is to provide students and faculty with learning resources that are intrinsic to the implementation of curriculum and that have value for diversified interests, abilities, and maturity levels. Selected materials should:
stimulate thinking, provide facts, and contribute to student growth in literary and aesthetic appreciation; contain ideas and information that enable students to make judgments and decisions relating to their daily lives; present a diversity of viewpoints on controversial issues; include the thinking and contribution of the many cultural, ethnic and religious groups which constitute society in the United States; represent the variety of communication formats to provide for individual learning styles and to provide students the opportunity to analyze various media formats critically; encourage students to read, view, and listen for pleasure and recreation, fostering a life-long appreciation of such activities.
In support of the above objectives, the following intellectual freedom statements are endorsed: American Library Association: The Library Bill of Rights (see 360 A-1) American Association of School Librarians: The School Library Bill of Rights (see 360 A-2) Association for Educational Communications and Technology: Statement on Intellectual Freedom (see 360 A-3) LMC materials shall support and be consistent with the general educational goals of the district. All materials should be selected on the basis of an identified need for the materials, and the general suitability of the materials to the needs and abilities of those who will use them. 1. Instructional materials shall be chosen to enrich and support the curriculum and the personal needs of users. 2. Instructional materials shall meet high standards of quality in: - presentation - physical format - educational significance - readability - authenticity - artistic quality and/or literary style - factual content 3. Instructional materials shall be appropriate for the subject area and for the age, emotional development, ability level, learning styles and social development of the students for whom the materials are selected. 4. Instructional materials shall foster respect for, and help students gain an awareness of the many contributions made by various groups that make up our pluralistic society. 5. Instructional materials shall provide a background of information which will motivate students and staff to examine their own attitudes and behavior, to comprehend their duties, responsibilities, rights and privileges as participating citizens in our society and to make intelligent judgments in their daily lives.
SCHOOL DISTRICT OF CUBA CITY
Policy 360 Page 4 of 5
Instruction In potentially sensitive areas (e.g., race, sex, religion, political theory and ideology) materials should be selected for their strengths and/or significance rather than rejected for their weaknesses. The selection of these materials should be in accord with the following criteria. 1. Controversial issues: Materials on controversial issues shall be selected to represent the fullest possible range of contrasting points of view, to provide a balanced collection on such subjects. 2. Religion: Factual, unbiased material, which represents all major religions, shall be included in the collection. 3. Sex and profanity: Inclusion of sexual incidents or profanity shall not automatically disqualify materials. There should be a searching evaluation of the merits of each work—literary quality, truth to life, and relevance to curriculum. 4. Human development: Materials on human physiology, physical maturation, or personal hygiene should be accurate and in good taste. 5. Racism: Factual materials should present a diversity of race, custom, culture and belief as a positive aspect of our nation’s heritage. Candid treatment should be given to inter-cultural problems, including those which involve prejudice, discrimination, and the undesirable consequences of withholding rights, freedom, or respect from any individual. 6. Sexism: Factual materials should reflect sensitivity to the needs and rights of men and women without a preference or bias. Materials should respect the claim of each person to all traits we regard as human, and not assign them arbitrarily according to preconceived notions of sex roles. 7. Political ideologies: Factual material shall be available on any ideology or philosophy of government, which exerts an influence, either favorable or unfavorable, on government, politics, current events, education, or any other phase of life. The responsibility for coordinating the selection of instructional materials and for making the recommendation for purchase rests with the professionally trained LMC personnel. In selecting LMC materials, professional media personnel shall evaluate available resources and curriculum needs. Careful examination, reading, viewing, listening, and the use of reputable, unbiased, professionally prepared selection tools shall guide personnel in selection. Gift materials and sponsored materials must meet the same criteria as those selected for purchase. They are accepted or rejected by these standards. The selection process begins with the evaluation of materials before purchase and is completed with the evaluation of materials before discarding them, a process known as “weeding.” Weeding clears the collection of materials that have outlived their usefulness, and insures a collection of up-to-date, quality materials. Materials are weeded from the collection for the following reasons: 1. 2. 3. 4. 5.
The material is out of date. The material is worn out or damaged beyond repair. A newer addition of the title has been purchased. The material is no longer useful in the school curriculum. Circulation of the material is too low to warrant continued inclusion in the collection.
SCHOOL DISTRICT OF CUBA CITY
Policy 360 Page 5 of 5
Instruction Disposition of weeded materials is as follows: 1. 2. 3. 4.
The material is clearly marked “withdrawn.” The material is offered to faculty for use in classrooms, etc. The material may be offered to other schools in the district. The material may be offered to the student body for a small fee ($.10, .25, etc.) as appropriate. Proceeds are used to purchase materials for the LMC. 5. If no staff member requests the material, it may be discarded after approval of the superintendent. A consistent policy has been established for the registration of a complaint regarding the inclusion of specific instructional material in the Library Media Center. The following procedure for reconsideration is to be followed: 1. Circulation of the material being reconsidered shall not be restricted until a final disposition of the complaint has been reached. Requests of individual parents for alternative reading for their child will be honored without penalty. 2. The individual registering the complaint shall be given a copy of the Materials Selection Policy for Library Media Centers. 3. The individual registering the complaint is requested to complete a “Request for Reconsideration of Learning Resources” and return it to the Building Principal. A copy of the complaint shall be sent to the superintendent. (see 360 A-4) 4. Upon receipt of the completed questionnaire, the Principal shall appoint and convene an Advisory Review Committee consisting of the school media specialist, teacher(s) from the appropriate grade level or subject area, and a parent to consider the complaint. The committee will use the stated selection criteria in its reconsideration of the material and will respond in writing to the complainant, with a copy sent to the superintendent. 5. Upon request, the committee will meet with the complainant to discuss the challenged material and the stated decision regarding it. The complainant must request said meeting in writing within ten days of issuance of the review committee’s report. 6. The complainant may appeal the decision of the review committee to the superintendent. Such appeal must be made in writing within ten days of issuance of the review committee’s report or within ten days of the complainant’s meeting with the review committee as outlined in step 5. 7. The complainant may appeal the decision of the superintendent to the Board of Education. Such appeal must be made in writing within ten days of issuance of the superintendent’s decision. The Board of Education will review the facts and findings of the review committee and the superintendent, and will render a final decision. ADOPTED: 1/18/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 360 A-1 Page 1 of 1
Instruction The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services. 1. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation. 2. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be pro-scribed or removed because of partisan or doctrinal disapproval. 3. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment. 4. Libraries should cooperate with all persons and groups concerned with resisting abridgement of free expression and free access to ideas. 5. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views. 6. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use. Adopted June 18, 1948 Amended 2/2/61, 6/27/67 and 1/23/80 By the ALA Council
SCHOOL DISTRICT OF CUBA CITY
Policy 360 A-2 Page 1 of 1
Instruction School Library Bill of Rights for School Library Media Center Programs The American Association of School Librarians reaffirms its belief in the Library Bill of Rights of the American Library Associations. Media personnel are concerned with generating understanding of American freedoms through the development of informed and responsible citizens. To this end the American Association of School Librarians asserts that the responsibility of the school library media center is: To provide a comprehensive collection of instructional materials selected in compliance with basic, written selection principles, and to provide maximum accessibility to these materials. To provide materials that will support the curriculum, taking into consideration the individual’s needs, and the varied interests, abilities, socio-economic background, and maturity levels of the students served. To provide materials for teachers and students that will encourage growth in knowledge and that will develop literary, cultural and aesthetic appreciation and ethical standards. To provide materials which reflect the ideas and beliefs of religious, social, political, historical and ethnic groups and their contribution to the American and world heritage and culture, thereby enabling students to develop an intellectual integrity in forming judgments. To provide a written statement, approved by the local Boards of Education, of the procedures for meeting the challenge of censorship of materials in school library media centers. To provide qualified professional personnel to serve teachers and students. Approved by: American Association of School Librarians, 1969
SCHOOL DISTRICT OF CUBA CITY
Policy 360 A-3 Page 1 of 1
Instruction STATEMENT ON INTELLECTUAL FREEDOM The Association for Educational Communications and Technology The First Amendment to the Constitution of the United States is a cornerstone of our liberty, supporting our rights and responsibilities regarding free speech both written and oral. The Association for Educational Communications and Technology believes this same protection applies also the use of sound and image in our society. Therefore, we affirm that: Freedom of inquiry and access to information – regardless of the format or viewpoints of the presentation – are fundamental to the development of our society. These rights must not be denied or abridged because of age, sex, race, religion, national origin, or social or political views. Children have the right to freedom of inquiry and access to information; responsibility for abridgement of that right is solely between an individual child and the parent(s) of that child. The need for information and the interests, growth, and enlightenment of the user should govern the selection and development of educational media, not the age, sex, race, nationality, politics, or religious doctrine of the author, producer, or publisher. Attempts to restrict or deprive a learner’s access to information representing a variety of viewpoints must be resisted as a threat to learning in a free and democratic society. Recognizing that within a pluralistic society efforts to censor may exist, such challenges should be met calmly with proper respect for the beliefs of the challengers. Further, since attempts to censor sound and image material frequently arise out of misunderstanding of the rationale for using these formats, we shall attempt to help both user and censor to recognize the purpose and dynamics of communication in modern time regardless of the format. The Association for Educational Communications and Technology is ready to cooperate with other persons or groups committed to resisting censorship or abridgement of free expression and free access to ideas and information. Adopted by: AECT Board of Directors; Kansas City; April 21, 1978
SCHOOL DISTRICT OF CUBA CITY
Policy 360 A-4 Page 1 of 2
Instruction Request for Reconsideration of Learning Resources Name: ______________________________________________
Date: ___________________
Address: __________________________________________________________________________________ City: ___________________________________
Phone: _______________________________
Complainant represents:
____ group (please identify)
1. Resource type:
____ himself/herself
____ book
____ video
____ recording
____Internet resource
____ computer program ____ other (please specify)
Title: ___________________________________________________________________________________ Author/Producer: ________________________________________________________________________ 2. To what in the resource do you object? (Please be specific--cite pages, portions, etc.) ________________________________________________________________________________________ ________________________________________________________________________________________ 3. Did you read, view, or listen to the entire resource? _______ If not, what parts? _________________________________________________________________________________________ _________________________________________________________________________________________ 4. For what age group would you recommend this resource? ________________________________________ 5. What do you believe is the theme of this resource? ______________________________________________ _________________________________________________________________________________________ 6. What are the positive elements of this resource? ________________________________________________ _________________________________________________________________________________________ (Please complete questions on reverse)
SCHOOL DISTRICT OF CUBA CITY
Policy 360 A-4 Page 2 of 2
Instruction 7. In its place, what resource(s) of equal quality would you recommend? __________________________________________________________________________________________ 8. What would you like to have done with this resource? ______ do not assign or recommend it to my child(ren) ______ withdraw it from all student in the school ______ re-evaluate it ______ other (please specify) _________________________________________________________________
Date ________________________________
Signature of Complainant _______________________________________________
Return this form within two weeks to: Principal Cuba City High School 101 North School Street Cuba City, WI 53807
OR
Principal Cuba City Elementary School 518 West Roosevelt Cuba City, WI 53807
SCHOOL DISTRICT OF CUBA CITY
Policy 361.5 Page 1 of 1
Interlibrary Loan of Materials The School District of Cuba City supports a library media program that enhances the curriculum, increases literacy, and promotes lifelong learning. The library media specialists are authorized to utilize interlibrary loan to provide information and materials within the scope of the library media program but not available in district media centers. Borrowing of materials from libraries in Wisconsin’s resource-sharing network will be approved at the discretion of the library media specialist. Patrons will be personally responsible for all materials borrowed for them and must pay accrued fines as well as replacement costs for all materials that are lost or damaged while in their possession. Library media specialists may loan district resources to library patrons within Wisconsin’s resource-sharing network. The decision to loan material is at the discretion of the lending library media center. Library media centers ordinarily will not loan the following: Library resources in current and recurring demand Reference materials, equipment, and licensed computer software Materials on reserve for individual, group or class use The lending school library media center is responsible for compliance with copyright laws and guidelines. Legal References: Wisconsin Statutes, Chapter 43 ADOPTED: 2/21/06 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 361.6 Page 1 of 1
Copyright Policy It is the policy and practice of the Cuba City School District to adhere to the provisions of current copyright laws and Congressional guidelines. Employees and students must comply with all provisions of the U.S. Copyright Law (Title 17, United States Code) and other relative federal legislation and guidelines. All duplication, retention, and use of copyrighted materials must be specifically allowed by: 1) the copyright law, 2) fair use guidelines, 3) licenses or contractual agreements, or 4) proprietor’s permission. Employees who make copies and/or use copyrighted materials in their jobs are expected to be familiar with published provisions regarding copyright, fair use, and public display. The legal and insurance protection of the district will not be extended to individuals who unlawfully copy and/or use copyrighted materials. The superintendent and the administrative team shall be responsible for establishing and implementing procedures to enforce this policy. Copyright Act of 1976 (Title 17 of U.S. Code) Sonny Bono Copyright Term Extension Act, 1998 Digital Millennium Copyright Act, 1998-2000 Technology, Education, and Copyright Harmonization Act, 2002 ADOPTED: 2/21/06 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 363.2 Page 1 of 7
Acceptable Use and Internet Safety Policy For Students, Staff and Guests The School District of Cuba City has invested significantly in technology that offers vast, diverse, and unique resources to students, staff and guests. The District’s goal in providing these services is to promote educational excellence by facilitating resource sharing, innovation, and communication. The District supports access by students, staff, and guests to rich information resources along with the development of appropriate skills to analyze and evaluate resources. In today’s world, access to and manipulation of information is a critical skill. Students, staff, and guests will have available to them appropriate technological tools necessary to explore the world both from inside and outside the classroom walls. Use of technology is a privilege, not a right, which may be revoked at any time for inappropriate conduct. It is the policy of the School District of Cuba City to: (a) prevent user access over its computer network to, or transmission of, inappropriate material via Internet, electronic mail, or other forms of direct electronic communications; (b) prevent unauthorized access and other unlawful online activity; (c) prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and (d) comply with the Children’s Internet Protection Act [Pub. L. No. 106-554 and 47 USC 254(h)]. To the extent practical, technology protection measures (or “Internet filters”) shall be used to block or filter the Internet or other forms of electronic communications and to block access to inappropriate information. Users are expected to respect that the Internet filter is a safety precaution, and should not try to circumvent it when browsing the Web. If a site is blocked and a user believes it shouldn’t be, the user should follow district protocol by submitting the site for review. Building principals and/or the Superintendent will make the final decision as to what sites are unblocked. Specifically, as required by the Children’s Internet Protection Act, blocking shall be applied to visual depictions of material deemed obscene or child pornography or to any material deemed harmful to minors. Subject to staff supervision, technology protection measures may be disabled or, in the case of minors, minimized only for bona fide research or other lawful purposes. I. Technology Defined The use of technology that is owned or leased by the School District of Cuba City is subject to the terms of this policy. Technology is defined under this policy as including, but not limited to the use of the following: email; audio, video, and computer software; computers, peripherals, mobile devices, network and communications equipment and related hardware; and video and audio equipment. District technology is to be used to enhance instruction, support learning, and develop professionalism. The conditions set forth in this policy shall also apply to the use of any personally-owned technology devices that are brought into the school by students, parents, visitors or staff members. This list includes, but is not limited to: computers, laptops, tablets, calculators, digital cameras, e-readers, music players, flash drives/other storage devices, or peripherals (including headphones). Use of these devices is at the discretion of the teacher. Recognizing the benefits collaboration brings to education, the School District of Cuba City may provide users with access to web sites or tools that allow communication, collaboration, sharing, and messaging among users.
SCHOOL DISTRICT OF CUBA CITY
Policy 363.2 Page 2 of 7
Acceptable Use and Internet Safety Policy Users are expected to communicate with the same appropriate, safe, mindful, courteous conduct online as offline. Posts, chats, sharing, and messaging may be monitored. Users should be careful not to share personally-identifying information online. As new technologies emerge, the School District of Cuba City will attempt to provide access to them. The policies outlined in this document are intended to cover all available technologies, not just those specifically listed. II. Loaning of Devices The School District of Cuba City may provide users with mobile computers or other technology devices to promote learning outside of the classroom. Users should abide by the same acceptable use policies when using school devices off the school network as on the school network. Use of school-issued mobile devices off the school network may be monitored. Users are expected to treat these devices with extreme care and caution; these are expensive devices that the school is entrusting to your care. Users should report any loss, damage, or malfunction to IT staff immediately. Users may be financially accountable for any damage resulting from negligence or misuse. III. Purpose Despite its significant value, it is possible to encounter materials and interactions on the network that are not consistent with the educational goals of the District. It is the purpose of this policy to serve as a warning, to provide guidelines for Internet safety, and to identify examples of acceptable and unacceptable use of District technology and the Internet. Before the District provides Internet access or e-mail accounts, adult users, the parents/guardians of minor users and minor users must acknowledge their agreement to abide by this policy by submitting the accompanying signed agreement to the District. IV. No Expectation of Privacy The District reserves the right to monitor, inspect, copy, review, and store at any time and without prior notice any and all usage of the computer network, e-mail accounts, and Internet access and any and all information transmitted or received in connection with such usage. All such information files shall be and remain the property of the School District of Cuba City, and no user shall have any expectation of privacy regarding such materials. All network information may be monitored and/or archived. The School District of Cuba City reserves the right to inspect, at any time, any personally owned device while connected to the District's network whether by hardwire or wireless connection. Any other inspection of any personally-owned device is subject to the guidelines set forth in the Student Code of Conduct. V. Internet Safety All users are advised that access to the Internet includes the potential for access to materials that are inappropriate or harmful to minors. Users (pupil and adult) must take responsibility for their use of the Internet and avoid sites and activities that are inappropriate or harmful to minors. Users who find sites that are inappropriate or harmful to minors shall report such sites to a designated authority. Also, users who find other users visiting sites that are inappropriate or harmful to minors shall report such misuse to a designated authority. Any adult staff member is considered a designated authority for student reporting. Any administrator is considered a designated authority for adult reporting.
SCHOOL DISTRICT OF CUBA CITY
Policy 363.2 Page 3 of 7
Acceptable Use and Internet Safety Policy It shall be the responsibility of the School District of Cuba City staff to attempt to monitor usage of the online computer network and access to the Internet in accordance with this policy and the Children’s Internet Protection Act. Furthermore, the District will educate students about online safety including: appropriate behavior on social networking and chat room sites, the threat of sexual predators, and the dangers of cyber bullying. Neither the school’s network nor the broader Internet (whether accessed on campus or off campus, either during or after school hours) may be used for the purpose of harassment or cyber-bullying. Students' home and personal Internet use can have an impact on the school district and on other students. If students' personal Internet expression, such as a threatening message to a staff member or another student, or a website advocating violence or defamation of another's character, creates a substantial disruption, offenders will be subject to disciplinary and legal actions. Cyber-bullying includes, but is not limited to, the following misuses of technology: harassing, teasing, intimidating, threatening, or terrorizing another person by sending or posting inappropriate or hurtful e-mail messages, instant messages, text messages, digital pictures or images, or website postings (including blogs). The following Internet safety guidelines, along with the Acceptable and Unacceptable Use examples in sections V and VI, serve as policy to be enforced by the District. A. Avoid material that is inappropriate or harmful to minors. By definition this includes any text, audio segment, picture, image, graphic image file, or other visual depiction that:
Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated or perverted sexual acts, or a lewd exhibition of the genitals; Taken as a whole, lacks serious literary, artistic, political, or scientific value to minors, such as playing online games, or viewing Internet joke sites.
B. Guard your personal safety. Users should not reveal personal information such as full name, home address, telephone number, credit card numbers, or Social Security numbers. Minors should not arrange face-to-face meetings with someone they have "met" on the Internet without permission of their parent(s) or guardian(s). C. “Hacking" and other illegal activities are prohibited. Using the District's computer network and Internet access to gain or to attempt to gain unauthorized access to other computers or computer systems is prohibited. Also prohibited is any use that violates a municipal ordinance or state or federal law relating to copyright, trade secrets, or the distribution of obscene or pornographic materials. D. Maintain the confidentiality of students. Personally identifiable information concerning students may not be disclosed or used in any way on the Internet without the permission of the adult student or a minor student's parent(s) or guardian(s).
SCHOOL DISTRICT OF CUBA CITY
Policy 363.2 Page 4 of 7
Acceptable Use and Internet Safety Policy VI. Acceptable Use Examples of acceptable use include but are not limited to:
Use consistent with the mission of the School District of Cuba City. Use of technology for curriculum activities. Use that encourages efficient, cooperative, and creative methods to perform the user’s job duties or educational tasks. Use in support of education, research, and professional development. Use that provides unique resources and collaborative projects with appropriate educational partners. Use for general communication.
VII. Unacceptable Use Examples of unacceptable use include but are not limited to:
Accessing or sending inappropriate material and e-mail messages such as obscene or abusive language, harassing or threatening messages, visual depictions that are obscene, child pornography, or material harmful to minors. Using e-mail for personal reasons – not related to educational goals of the District. Using of technology and/or resources for a commercial enterprise or political lobbying unless specifically authorized by the District. Breaching security by sharing and/or using unauthorized passwords or working from network and/or e-mail accounts that are not assigned to the user. Using the District system to engage in any illegal act, such as arranging for a drug sale or the purchase of alcohol, engaging in criminal gang activity, etc. Using District technology to violate copyright or piracy (illegal copying or selling of material) laws or sharing of student assignment files in violation of classroom cheating policies. Engaging in conduct while using e-mail or other electronic communication system that is intended to frighten, intimidate, threaten, abuse, annoy, offend, or harass another person. These actions are illegal. If a user is told by a person to stop sending these types of messages, he or she must stop doing so. Engaging in instant messaging, including online texting (unless special permission is granted.) Accessing of non-school related e-mail accounts or chat rooms without prior approval. Accessing websites that are allowed for only special instances and specific approval has not been granted. Sites that are not necessarily blocked, but prohibited from regular use. Some examples include educational game sites, social networking or bookmarking sites, etc. If the purpose of access to the site is educationally sound, students should seek permission before accessing. Causing congestion and disruption of the network and systems, such as spreading viruses and attaching excessively large files. Causing deliberate damage to any District technology. Downloading and/or streaming of files without prior approval, including but not limited to executable, zip, “freeware” and “shareware” files. Causing congestion of the network and systems by streaming video that does not meet the educational goals of the district. (For example, one may not watch music videos, unless it is a project for a class.) Using/and or installing unauthorized software on District-owned equipment, including DVDs that are not licensed for school use. Utilizing District technology for the production of non-school-related materials unless authorized to do so.
SCHOOL DISTRICT OF CUBA CITY
Policy 363.2 Page 5 of 7
Acceptable Use and Internet Safety Policy Student questions about what constitutes appropriate or inappropriate use of the network should be directed to the teacher or principal. Staff questions about what constitutes appropriate or inappropriate use of the network should be directed to the building principal or the District Superintendent. VIII. Personal Wireless Devices The School District of Cuba City offers wireless access in our buildings. Each time someone accesses the wireless network, s/he will have to agree to the terms listed below:
The district will not be held liable for any damage that may occur as a result of connecting to the wireless network or any electrical power source. The district will not be held responsible for any physical damage, loss or theft of the device. The district is not obligated to supply electrical power access. Student use of devices will be at the discretion of the teacher. Persons connecting devices to the wireless network agree to maintain current antivirus software. Illegal, destructive, harmful or any other inappropriate activities as listed under section VI herein is strictly prohibited. The parents and/or guardians of any student bringing personal technology to school agree to be responsible for and to reimburse the School District of Cuba City for any damage that their student may cause arising out of and relating to the use of the wireless network with his/her personal wireless device.
IX. Consequences Student Violations: Any student user who violates this policy will lose: network, e-mail, and Internet privileges as stated below. In addition, they will not be allowed to borrow any school devices. 1st offense – Loss of privileges for 30 school days 2nd offense – Loss of privileges for one calendar year 3rd offense – Permanent loss of privileges while enrolled at that school The School District of Cuba City retains the right to discipline the students beyond the consequences above. The foregoing is a non-exclusive list. Records of violations will be kept for the entire time a student is enrolled at that school. For example, if a student receives a violation in the 9th grade, and then another in the 10th grade, it would be considered his/her 2nd offense. All penalties will be administered by school principals and are subject to review by the administrative team. In all cases, restitution for damages and/or materials will be assessed. Students who are suspended may be allowed network access if the use of the technology is absolutely necessary to complete a curriculum assigned activity. The student must be under direct supervision of a staff member, and the student may only work on the assigned task. If at all possible, the student should complete the activity off the network. The student will have access to only the network and local resources (Microsoft Office or other course specific software.) Students cannot use email or the Internet. Students found violating this exception will face another level of discipline.
SCHOOL DISTRICT OF CUBA CITY
Policy 363.2 Page 6 of 7
Acceptable Use and Internet Safety Policy Employee/Guest Violations: Any staff or guest user who violates this policy will be subject to disciplinary actions that may include one or more of the following: directive guidance, written reprimand, loss of user privileges, suspension without pay, or discharge from employment. Any administrator may terminate or suspend the account privileges of a guest user. Guest accounts not active for more than 30 days may be removed, along with the user’s files, without notice to the user. A list of guest users will be maintained by the Network Administrator. All penalties will be administered by the Superintendent and are subject to review by the School Board. In all cases, restitution for damages will be assessed. X. Warranties and Indemnification The School District makes no warranties of any kind, either expressed or implied, in connection with its provision of access to and use of its computer network, e-mail, and the Internet provided under this Policy. It shall not be responsible for any claims, losses, damages or costs (including attorney's fees) of any kind suffered, directly or indirectly, by any user or his or her parent(s) or guardian(s) arising out of the user's use of its computer network, e-mail, or the Internet under this Policy. By signing this Policy, users are taking full responsibility for their use. In the case of a user under 18, the parent(s) or guardian(s) are agreeing to indemnify and hold the School, the School District, the Internet Provider, and all of their administrators, teachers, and staff harmless from any and all loss, costs, claims, or damages resulting from the user's access to its computer network, e-mail, and the Internet, including but not limited to any fees or charges incurred through purchases of goods or services by the user. The user or, if the user is a minor, the user's parent(s) or guardian(s) agree to cooperate with the School in the event of the School's initiating an investigation of a user's use of his or her access to its computer network, e-mail, and the Internet, whether that use is on a school computer or on another computer outside the School District's network.
SCHOOL DISTRICT OF CUBA CITY
Policy 363.2 Page 7 of 7
Acceptable Use and Internet Safety Policy Student, Staff or Guest Agreement I have read, understand and agree to abide by the terms of the foregoing Acceptable Use and Internet Safety Policy. Should I commit any violation or in any way misuse my access to the School District's computer network and e-mail and/or the Internet, I understand and agree that my access privilege may be revoked and School disciplinary action may be taken against me. Student, Staff or Guest: _________________________________________ Phone: _______________________ Address _____________________________________________________________________________________ Student, Staff or Guest (signature): ________________________________________ Date: _______________ User check one:
I am 18 or older
I am under 18
If I am signing this Policy when I am under 18, I understand that when I turn 18, this Policy will continue to be in effect and I agree to abide by this Policy.
************************************************************************************************** Parent or Guardian Agreement To be read and signed by parents/guardians of students or guests who are under 18 years of age. As the parent or legal guardian of the above minor, I have read, understand and agree that my child or ward shall comply with the terms of the School District of Cuba City's Acceptable Use and Internet Safety Policy for the student's access to the School District's computer network, e-mail, and the Internet. I understand that access is being provided to the students for educational purposes only. However, I also understand that it is impossible for the School to restrict access to all offensive and controversial materials and understand my child's or ward's responsibility for abiding by the Policy. I am therefore signing this Policy and agree to indemnify and hold harmless the School, the School District and the Internet Provider that makes available the opportunity to the School District for computer network, e-mail, and Internet access against all claims, damages, losses and costs, of whatever kind, that may result from my child's or ward's use of his or her access to such networks or his or her violation of the foregoing Policy. Further, I accept full responsibility for supervision of my child's or ward's use of his or her access account if and when such access is not in the School setting. I hereby give permission for my child or ward to use an account authorized by the School District to access the School District's computer network, e-mail, and the Internet. Parent or Guardian: ______________________________________ Phone: ____________________________ Address _____________________________________________________________________________________ Parent or Guardian (signature): _________________________________________ Date: _________________ I wish my child to have access to the Internet. (Check if applicable) I do not wish my child to have access to the Internet. (Check if applicable) This agreement remains in effect until a student’s change of division (entrance into high school). Revocation of this agreement can occur at any time; however, change within a school year should be the result of a face-to-face meeting with the building principal.
ADOPTED: 7/9/97 AMENDED: 2/21/06, 6/19/12 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 370 Page 1 of 2
Extracurricular Activities (including Athletics) Extracurricular activities are recognized as an integral part of the educational program. Students are strongly encouraged to participate in such activities, while giving their academic work the priority it deserves. All extracurricular activities sponsored by the District, including organized interscholastic and intra-District athletics and fitness opportunities, shall: 1. Be designed to be an extension of the curriculum or provide experiences for students that enhance student learning and/or personal, social, and physical growth and development. 2. Be approved by the School Board when the activity involves a new or substantially modified funding and/or staffing obligation, or by the Superintendent or building principal when the activity does not involve such additional budgetary or staffing obligations. 3. Have an adult/supervisor appointed by the Superintendent or his/her designee. 4. Be funded in a manner that is consistent with applicable District policies and procedures. 5. Be scheduled in such a way so as to minimize infringement upon the regular school day and the daily schedule of classes. Any activity or event scheduled during the school day must have approval of the building principal. Students shall be expected to abide by all rules and regulations established for participation in Districtsponsored extracurricular activities, including interscholastic athletics. Where applicable, these rules and regulations shall be consistent with any rules of eligibility and conduct required by state or other associations to which the activities are affiliated (for example, the Wisconsin Interscholastic Athletic Association (WIAA) for interscholastic activities offered in the District). Students who violate such rules and regulations shall be subject to disciplinary or other action. No student shall be permitted to participate in any District-sponsored student athletic activities unless he/she has provided the school with a signed concussion and head injury information sheet as required by law. The Board encourages the full participation of elementary and middle school (K-8) students in available cocurricular and recreational programs and activities that are offered by and through the District. For purposes of this Board policy, “full participation” means fair and equitable participation opportunities (1) in a manner consistent with applicable nondiscrimination requirements, and (2) to the extent that the budget, facilities, or type of activity allows. The building principals and their designees in the District’s K-8 buildings are responsible for informing students and parents and guardians of the co-curricular and recreational activities that are available at the relevant grade levels and for implementing registration and scheduling processes in a manner that gives due regard for the goal of full participation. The District shall not unlawfully discriminate in admission to or participation in any program or activity, standards and rules of behavior, disciplinary actions or facilities usage on the basis of the person’s sex, race, religion, national origin, color, ancestry, creed, pregnancy, marital or parental status, sexual orientation, physical, mental, emotional or learning disability or handicap. This policy does not, however, prohibit the District from placing a student in a program or activity based on standards of individual performance, or from providing separate programs and facilities in interscholastic athletics for males and females if such programs and facilities are sufficiently comparable in type, scope, and support from the District. Discrimination complaints shall be processed in accordance with established District procedures.
SCHOOL DISTRICT OF CUBA CITY
Policy 370 Page 2 of 2
Extracurricular Activities (including Athletics) Legal References: Wisconsin Statutes Section 118.13 Section 118.133 Section 118.293 Section 120.12(23) Section 120.13(1)
[student discrimination prohibited] [home-based private educational program student participation in interscholastic athletics and extracurricular activities] [requirements for addressing concussions and head injuries in youth athletic activities] [policy requirements; access to extracurricular and recreational activities by K-8 students] [school board power to adopt student conduct rules and discipline students]
Wisconsin Administrative Code PI 9.03(1)
[student nondiscrimination in student extracurricular activity and interscholastic athletics policies]
Cross References: District Extracurricular/Athletic Code(s) Policy 342, Special Education Programs Policy 410, Facilities and Equal Educational Opportunities ADOPTED: 5/18/16 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 401 Page 1 of 2
Non-discrimination Pupil Personnel The School District of Cuba City does not discriminate against pupils on the basis of sex, race, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability or handicap in its education programs or activities. Federal law prohibits discrimination in employment on the basis of age, race, color, national origin, sex, or handicap. Any student seeking entrance into the School District of Cuba City must reside within the established boundaries of the district, except as otherwise provided. Parents or guardians of students admitted to the districts elementary or secondary schools shall present immunization records as required by law. Children entering kindergarten or transferring from another school district are required to present a birth certificate or baptismal record to verify their date of birth. To be admitted to kindergarten, a child must be five years old on or before September 1 the year in which they enroll. Wisconsin Statutes 118.14. To be admitted to four-year old Kindergarten or Early Childhood, a child must be four years old on or before September 1 the year in which they enroll. No child may be admitted to first grade unless they are six years of age on or before September 1 of the year in which they enroll. Building principals shall have the authority to determine the grade level at which a student shall be placed. Students transferring into the district shall provide academic transcripts from any previous school, or the address from which this data may be secured. If adequate academic transfer information is not available, the principal may require the student to take appropriate academic tests to assist in making a placement. A comprehensive evaluation of the child’s skills in basic academic areas of reading, math, language arts, science and social studies and an evaluation of the child’s present intellectual or mental functioning may be completed. Elementary 1. A transfer pupil from another school district shall be placed initially at the same grade level they were in, or would have been in, had they not transferred. 2. Placement shall be on the basis of written evidence forwarded from officials of the previous school. 3. The elementary principal shall review all placements, and exceptions to this policy will be considered by the board of education if recommended by the superintendent. Secondary 1. Pupils who transfer into the high school from other districts shall be given credit at the discretion of the building principal for academic subjects other than religious instruction provided that: a. The subject was successfully completed. b. The subject met the requirements of the school previously attended. Students who have reached the age of 21, or who are under the age of 21 and have already graduated from high school or received a GED which conforms to the requirements for obtaining a GED in the State of Wisconsin will not be admitted unless the Board of Education determines that the student will not interfere with other students, there is space available and the student exhibits a special or particularized need for further education. The School District of Cuba City shall not discriminate in admissions to any school, class, program or activity. Discrimination complaints shall be processed in accordance with established procedures. LEGAL REF.: Sections 115.28(2), 115.80, 118.13, 118.14, 140.05(16) Wisconsin Statutes PI(.03(1), Wisconsin Administrative Code
SCHOOL DISTRICT OF CUBA CITY
Policy 401 Page 2 of 2
Non-discrimination Pupil Personnel Providing that they can be satisfactorily accommodated, non-resident pupils may be admitted on a tuition basis. Wisconsin Statutes 121.77. 1. Any adult who wishes to enroll a non-resident pupil must present a written request through the office of the superintendent who will, in turn, make a recommendation to the board of education. 2. The board of education reserves the right to accept or reject any or all requests for admission. 3. Non-resident pupils enrolled at Cuba City schools shall have the same rights and privileges as resident pupils and be subject to the same rules and regulations. 4. Any pupil admitted on a tuition basis will pay the tuition on or before the first day of each semester, or the student will not be admitted. Pupils who are residents of the district and gain twelfth grade status are eligible to complete their senior year without paying tuition though their parents or guardians move out of the district. Resident pupils in grades K11 are eligible to complete the second semester when their parents move from the district after the second semester has begun. Wisconsin Statutes 121.84. Special arrangements may be made with the State for the attendance of certain non-resident pupils. ADOPTED: 2/15/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 409 Page 1 of 2
Pupil Records In accordance with the Family Educational Rights and Privacy Act (FERPA), the district will annually publish a notice of rights to parents, guardians and the community. Accompanying this publication will be a listing of directory information, as required under FERPA and Wisconsin pupil records law. Directory information, which may be made publicly available, shall include: student’s name student’s mailing address major field of study participation in officially recognized activities and sports weight and height of members of athletic teams photographs degrees and awards received name of school most recently attended. Any parent, guardian or guardian ad litem of a student may notify the district within fourteen (14) days of publication of this notice that all or part of the directory data may not be released without the prior consent of the parent, guardian or guardian ad litem. Pupil records are defined as all records relating to individual pupils maintained by the Cuba City Public Schools with the exception of notes or records kept for personal use by a licensed school employee where such notes or records are neither available to others nor necessary for other persons involved in the psychological treatment of pupil. Progress records include such items as the grades of a pupil, subjects taken, attendance records, and a listing of the extra-curricular activities in which a pupil may have participated. Behavioral records constitute such pupil records as psychological test results, personality evaluations, records of conversations, tests measuring a specific ability or achievement, health records, and any other records which are not defined as “progress records.” Parent also means guardian. Responsibility The building principal of each building shall be the primary custodian of all pupil records in their building. As such, the principal is responsible for the maintenance, confidentiality, and safety of said records. All requests for inspection, duplication, or transfer of pupil records shall be made to the appropriate building principal, or qualified designee, who will determine whether the request can be honored under this policy. The principal of each building, or qualified designee, shall be present to interpret behavioral records when inspection is made as provided above. Maintenance of Records Appropriate school records shall be prepared and maintained on all pupils by the schools of the district from the time of initial enrollment to at least the date that a pupil graduates or otherwise leaves the district. Pupil records shall be of two types: (a) “Progress records” and (b) “behavioral records” as defined above. Progress and behavioral records shall be maintained as separate entities.
SCHOOL DISTRICT OF CUBA CITY
Policy 409 Page 2 of 2
Pupil Records Pupil records shall be kept in the individual schools in such a manner that access is limited only to individuals who have a legal right to examine them. Further, they shall be protected insofar as possible against fire, theft, or other damage. The records of each pupil shall be transferred from school to school as the pupil progresses towards graduation. The records of a pupil who withdraws from a school to attend in another district shall be forwarded to the new district. All behavioral records will be destroyed one year after the date a student is graduated or the date of their 21st birthday. When such written permission is received, behavioral records will be destroyed after the date that the student graduated from, or up to five years last attending of school. After students have graduated or otherwise decided to discontinue their education, progress records shall be stored indefinitely at the high school. Any pupil records existing as of July 1, 1974, will not be revised (Stat. 118(g)(6)) Confidentiality of Records All pupil records maintained by the school district shall be confidential and, as such, accessible to persons only as indicated below. Pupil records may be made available on a need basis to district employees who are required by the Department of Public Instruction to hold a certificate, license, or permit under Wisconsin Statutes 115.28(7). A parent of a minor pupil shall, upon request, be shown the pupil’s progress records. The pupil or parent, upon request, may be provided with a copy of the pupil’s progress records. An adult pupil or the parent of a minor pupil, upon request, shall be shown the pupil’s behavioral records in the presence of a person qualified to explain and interpret the records. After explanation and interpretation, the pupil or parent shall be provided with a copy of the behavioral records if they so requests. Upon receiving written permission from an adult pupil or the parents of a minor pupil, the district shall make available the pupil’s progress records and/or such portions of their behavioral records as may be indicated to the person named. The judge of any court of this state or of the United States shall, upon request, be provided with a copy of all progress records of a pupil who is the subject of any proceeding in said court. Pupil records shall be provided to a court in response to subpoena by parties to an action for in-camera inspection where they are to be used for purposes of impeachment of any witness who has testified in the action. Upon request, the board of education will provide the Department of Public Instruction or any public officer with any information required under Wisconsin Statutes 115-121. Pupil records may be used in connection with the suspension or expulsion of a student. Pupil records may be used by a multi-disciplinary team as provided by Chapter 115. Transfer of Records The records of an individual pupil shall be transferred to another school district under one or both of the conditions listed below:
Where written notice is given to the building principal by an adult pupil, or by their parent in the case of a minor, indicating the pupil intends to enroll in a particular school or district. Where a school or school district provides written notice that the pupil has enrolled in that district.
ADOPTED: 2/15/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 410 Page 1 of 1
Facilities and Equal Educational Opportunities The School District of Cuba City is committed and dedicated to the task of providing the best education possible for every child in the district for as long as the student can benefit from attendance and the student’s conduct is compatible with the welfare of the entire student body. The right of the student to be admitted to school and to participate fully in curricular, extracurricular, student services, recreational or other programs or activities shall not be abridged or impaired because of a student’s sex, color, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, physical, mental, emotional or learning disability or handicap. (Facilities modifications necessary to provide a student with equal opportunities shall be made as required by law and permitted by budgetary limitations.) Rehabilitation Act Students who have been identified as having a handicap or disability, under Section 504 of the Rehabilitation Act or the Americans with Disabilities Act, shall be provided with reasonable accommodations in education services or programs. Students may be considered handicapped or disabled under this policy even if they are not covered under the district’s special education policies and procedures. Religious Beliefs The district shall also provide for the reasonable accommodation of a student’s sincerely held religious beliefs with regard to examinations and other academic requirements. Requests for accommodations shall be made in writing and approved by the building principal. Accommodations may include, but not necessarily be limited to, exclusion from participation in an activity, alternative assignments, release time from school to participate in religious activities and opportunities to make up work missed due to religious observances. Any accommodations granted under this policy shall be provided to students without prejudicial effect. Complaint Procedure Complaints regarding the interpretation or application of this policy shall be referred to the superintendent and processed in accordance with established procedures. Notice of this policy and its accompanying complaint procedures shall be published at the beginning of each school year and posted in each school building in the district. In addition, a student nondiscrimination statement shall be included on student and staff handbooks, course section handbooks and other published materials distributed to the public describing school activities and opportunities. LEGAL REF.: Section 118.13 Wisconsin Statutes, PI 9 and PI 141 Wisconsin Administrative Code, Title IX – Education Amendments of 1972, Title VI – Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, Individuals with Disabilities Education Act, Civil Rights Act of 1991 ADOPTED: 2/15/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 411 Page 1 of 3 Nondiscrimination Guidelines Related to Students who are Transgender and Students Nonconforming to Gender Role Stereotypes The following guidelines relate to students who are transgender and students who do not conform to gender role stereotypes, and they serve two important purposes. First, significant portions of the guidelines facilitate compliance with the District’s legal obligations. Under many circumstances, an individual’s transgender or gender-nonconforming status serves as a basis for legal rights and protections. Second, even where specific actions may not be required by applicable law, these guidelines are intended to further the District’s local goals concerning the creation and maintenance of positive and supportive environments that appropriately provide for the education, safety, and welfare of all students. While the guidelines established in this rule provide important direction to District employees, students, school families, and other persons, the guidelines do not anticipate every situation that might occur with respect to students who are transgender or gender nonconforming. When an issue or concern arises that is not adequately addressed by these guidelines, the needs and concerns of each student should be assessed on an individual basis. 1. Definitions The definitions below are not intended to label students but rather to assist in understanding these guidelines and the expectations of staff in complying with District policies and legal requirements. Students might or might not use these terms to describe themselves. a. “Transgender” describes people whose gender identity is different than their biological sex assigned at birth. b. “Gender identity” is a person’s deeply held sense or psychological knowledge of their own gender, regardless of the biological sex they were assigned at birth. Everyone has a gender identity. c. “Gender nonconforming” describes people whose gender expression differs from stereotypical or prevailing social expectations, such as “feminine” boys or “masculine” girls, or those who are perceived as androgynous. d. “Gender expression” refers to the way a person expresses gender, such as clothing, hairstyles, activities or mannerisms. 2. Discrimination, Harassment and Bullying The District prohibits all forms of unlawful discrimination against any transgender student or any student who does not conform to gender role stereotypes. Further, existing District policies that prohibit the harassment and bullying of students apply in force to any such actions that are based on a student’s actual or perceived transgender status or gender nonconformity. This includes ensuring that any incident or complaint of discrimination, harassment, or bullying is given prompt attention, including taking appropriate corrective and/or disciplinary action. Complaints alleging discrimination, harassment or bullying based on a person’s actual or perceived transgender status or gender nonconforming are to be handled in the same manner as other discrimination, harassment, and bullying complaints. 3. Student Privacy, Names and Pronouns, and Official School Records Certain records and personally-identifiable information related to the student’s gender status or biological sex may be protected not only as an education record, but also as a confidential medical or patient health care record. The District further recognizes that a student may have a strong individual interest in maintaining the privacy of his/her transgender status or his/her gender nonconforming presentation at school. Accordingly, in addition to adhering to all legal standards of confidentiality, school personnel with knowledge of any student’s transgender status or gender nonconforming presentation are expected to treat that information as being particularly sensitive, even internally among school staff and school
SCHOOL DISTRICT OF CUBA CITY
Policy 411 Page 2 of 3 Nondiscrimination Guidelines Related to Students who are Transgender and Students Nonconforming to Gender Role Stereotypes officials. District employees are expected to refer any questions they may have about student privacy and possible disclosures of a student’s transgender or gender nonconforming status to the building principal. The District strongly encourages transgender and gender-nonconforming students and their families to maintain ongoing communication with the school employees who are working directly with the student in order to address, among other issues, relevant privacy concerns and privacy preferences. When referring to students at school and in connection with school activities, school personnel will normally use the student’s legal name and the pronouns that correspond to the student’s biological sex assigned at birth. However, an adult students or the parent or guardian of a minor student may determine the name and gender pronouns that school employees will use to address the student at school and in connection with school-related activities. A court-ordered name change or medical treatment or medical procedure is not required to initiate such a request. Upon being informed that a student intends to regularly use a particular name and/or prefers to be addressed using particular pronouns that correspond to the student’s gender identity, school personnel are expected to respect that decision. The District’s approach of respecting a student’s decision to regularly use a name and the pronouns that correspond to the student’s gender identity is not a commitment to change all existing school records in order to reflect those preferences. Further, there may be situations where the District is required to use or report the legal name or biological sex of the student as that data is reflected in the District’s official records. The extent to which official records of the District are modified will depend on a case-by-case evaluation of the information that the District receives and the type(s) of school records affected by the information that is received. For example, when a student changes his/her legal name and that change is sufficiently substantiated, the District will issue a high school transcript under the student’s new legal name. 4. Restroom and Locker Room Accessibility In most cases, a student who is transgender will be permitted to access the men’s/women’s segregated restrooms that correspond to the gender identity that the student consistently asserts at school and in other social environments. Any student who has a need or desire for increased privacy, regardless of the underlying reason, may be provided with access to a single-access restroom where such a facility reasonably available, but no student shall be required to use such a restroom because of the student’s transgender or gender non-conforming status. If a transgender student makes any request regarding the use of locker rooms or any similar type of changing area, the request shall be assessed on a case-by-case basis with the goals of: (a) facilitating the transgender student’s access to the District’s physical education curriculum and other relevant programs; (b) ensuring adequate student privacy and safety; and (c) minimizing stigmatization of the transgender student. The physical layout of the facility and the degree of undress required when changing for the applicable activity are examples of factors that will be considered in making the arrangements. There is no absolute rule that, in all cases, will require a transgender student to access and use only the locker rooms and other changing areas that correspond to the biological sex that the student was assigned at birth. Any student who has a need or desire for increased privacy, regardless of the underlying reason, may be provided (to the extent reasonably available) with a reasonable alternative changing area (for example, a nearby restroom stall with a door, an area separated by a curtain, a physical education teacher’s office in the locker room, or a nearby single-access restroom) or provided with an alternative changing schedule. Any alternative arrangement should be provided in a way that gives adequate consideration to relevant privacy concerns.
SCHOOL DISTRICT OF CUBA CITY
Policy 411 Page 3 of 3 Nondiscrimination Guidelines Related to Students who are Transgender and Students Nonconforming to Gender Role Stereotypes These guidelines related to restrooms and changing areas generally assume that a student has a special concern or is in some way uncomfortable with consistently using the facilities that correspond to the biological sex that the student was assigned at birth. However, all students have the option of consistently accessing the facilities that correspond to the biological sex that the student was assigned at birth. Accordingly, the District’s willingness to address individualized concerns and requests that relate to restroom and changing area access does not mean that any student is required to establish an individualized arrangement or plan with the school. 5. Participation in Physical Education Classes and Sports Activities A student who is transgender shall be permitted to participate in physical education classes and intramural sports in a manner consistent with the gender identity that the student regularly asserts at school and in other social environments, unless the building principal after assessing the relevant circumstances, determines that physical safety issues preclude such an approach with respect to any such activity that is operated on a sex-segregated basis. Students who are transgender shall be permitted to participate in District-sponsored interscholastic athletic activities, and they shall not be unlawfully excluded from participation in any such activities. Questions about any student’s participation in any particular sex-segregated interscholastic athletic activity will be addressed on a case-by-case basis with the involvement of the building principal. In making such determinations, the District shall take into account legitimate issues related to competitive fairness and physical safety, as well as the current legal requirements and current policies of the Wisconsin Interscholastic Athletics Association (WIAA), as they exist at the time of the specific determination. 6. Dress Codes Within the constraints of the District’s dress code policy and dress codes adopted by the school, students may dress in accordance with their gender identity. School personnel shall not enforce a dress code more strictly against transgender and gender nonconforming students than other students. Cross References: Policies 401, 409, 410, 443.71, 447 ADOPTED: 7/20/16 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 421 Page 1 of 2
Admission to Kindergarten and First Grade (Entrance Age) No child may be admitted to 4-year-old kindergarten in the District unless the child is four years old on or before September 1 in the year he/she proposes to enter school. There shall be no early admission to 4-yearold kindergarten in the District. No child may be admitted to 5-year-old kindergarten in the District unless the child is five years old on or before September 1 in the year he/she proposes to enter school. A child may be admitted to 5-year-old kindergarten under the legal age if he/she has satisfactorily completed a 4-year-old kindergarten program or has met the conditions and standards for early admission outlined in District procedures. No child may be admitted to first grade in the District unless the child is six years old on or before September 1 of the year he/she proposes to enter school and has completed 5-year-old kindergarten. A child may be admitted to first grade under the legal age if he/she has completed a 5-year-old kindergarten program or its equivalent. A child may also be admitted to first grade under the legal age and/or without having completed 5-year-old kindergarten if he/she has met the conditions and standards for early admission or exemption from kindergarten outlined in District procedures. If a child’s request for admission to kindergarten or first grade is denied, the child’s parent or guardian may appeal the decision in writing to the Superintendent. The Superintendent’s decision is final. Procedures for Admission to First Grade Early and/or Without Having Attended Kindergarten A. Conditions and Standards for Admission Under the Legal Age A child who is not six years old on or before September 1 in the year he/she seeks admission to first grade may be admitted to first grade if he/she meets either of the following requirements: 1. The child has successfully completed a 5-year-old kindergarten program or its equivalent, or 2. The child demonstrates the academic and developmental readiness skills expected for successful participation in first grade. Evidence must exist that the child’s educational welfare would best be served by placement in first grade. B. Conditions and Standards for Exemption from Kindergarten Completion Requirement A child who has not completed 5-year-old kindergarten may be admitted to first grade if he/she meets any of the following requirements: 1. The child has successfully completed a program for 5-year-old children that the school district deems equivalent to kindergarten. Documentation of program completion shall be required. 2. The child demonstrates academic and developmental readiness skills expected for successful participation in first grade. Evidence must exist that the child’s educational welfare would best be served by placement in first grade. 3. Before either commencing or completing first grade, the child moved into Wisconsin from a state, country or territory in which completion of 5-year-old kindergarten is not a prerequisite to entering first grade. 4. Before either commencing or completing first grade, the child moved into Wisconsin from a state, country or territory in which completion of 5-year-old kindergarten is a prerequisite to entering first grade and the child was exempted from the requirement to complete 5-year-old kindergarten in the state, country or territory from which the child moved.
SCHOOL DISTRICT OF CUBA CITY
Policy 421 Page 2 of 2
Admission to Kindergarten and First Grade (Entrance Age) C. Procedures Requests for early admission to first grade or exemption from the mandatory kindergarten completion requirement shall be made and acted upon in accordance with the following procedures: 1. Requests shall be submitted to the appropriate elementary school principal in writing by August 1 st for the upcoming school year. The request shall include the rationale for making the request and any academic or other information that supports the child’s readiness for first grade admission. Families moving into the District after that date may submit a request no later than one week prior to the start of school. 2. The principal shall meet with the child’s parent/guardian to discuss the reasons for requesting the child’s first grade admission early and/or without having completed kindergarten and to review related student record information. 3. The principal shall determine whether any additional information or evaluation is needed. If needed, the principal shall request parental for evaluating the child and appoint appropriate staff members to complete the evaluation. The evaluation process will concentrate on obtaining information regarding skills and behavioral characteristics that are correlated with success in first grade. The areas evaluated may include: cognitive or intellectual development; math, reading and writing skill development; adaptive skill development; social/emotional maturity; communication skills and sensory motor/physical development. Staff shall use a combination of behavioral observation and teacher-made assessment tools to assess developmental and skill levels of the child. The staff members completing the evaluation shall meet with the building principal to analyze the results of the evaluation and any other data available to determine the appropriateness of the child’s admission to first grade. In order to be admitted to first grade, the child must demonstrate the academic and developmental readiness skills expected for successful participation in first grade and there must be evidence that the child’s educational welfare will best be served by first grade placement. 4. The principal shall meet with the child’s parent or guardian to present the results of the evaluation and the recommendation regarding admission to first grade. A written decision regarding the request will be provided to the parent or guardian and a copy kept on file in the District. a. If the request is approved, the principal shall inform the parent or guardian that the first grade placement shall be contingent on the child’s successful adjustment to the school setting and satisfactory progress. The placement shall be reviewed no later than 30 days into the start of the school year. The decision to continue or change the placement shall be made by the classroom teacher, principal and students services personnel as necessary. The decision will be communicated to the child’s parent or guardian once it is made. b. If the request is denied, the principal shall inform the parent or guardian of their opportunity to appeal the decision to the Superintendent. The appeal must be made in writing to the Superintendent within ten days of receipt of the principal’s decision. The decision of the Superintendent shall be final.
ADOPTED: 1/17/11 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 422 Page 1 of 2
Admission of Non-Resident Students (other than open enrollment) The School District is tuition free to all students of school age who reside in the District and those nonresident students who are eligible under this policy and the public school open enrollment policy. Nonresident students, in addition to public school open enrollment students, shall be admitted to schools in the District on a tuition-free basis under the following conditions: 1. The student is a foreign exchange student and lives temporarily (less than one year) in a home in this District. Procedures for requirements for admission of foreign exchange students are found in board policy 422.1. 2. Any student who moved out of the District after July 1 and was a resident of the District on either the third Friday in September or the second Friday in January of the current school year, and was enrolled in the District for at least 20 school days during the current school year, shall be allowed to continue to attend school in the District for the current school year without payment of tuition. 3. Any student who gained 12th grade status while a resident of the District, but who no longer resides in the District, shall be allowed to continue to attend school in the district without payment of tuition. 4. Any student to whom all of the following apply shall be allowed to attend school in the District without payment of tuition: a. The student was a resident of the District on the second Friday in January of the previous school year; b. The student was enrolled in the District continuously from the second Friday of January of the previous school year to the end of the school term of the previous school year; c. The student ceased to be a resident of the District after the first Monday in February of the previous school year; and d. The student continues to be a Wisconsin resident. If a student’s individualized education program (IEP), developed or revised, requires special education or related services that are not available in the District or there is no space available in the appropriate special education program, the Board may transfer the student to his/her school district of residence. Decisions regarding special education and related services shall be made in accordance with state law and consistent with related provisions included in the District’s full-time public school open enrollment policy. The District shall provide transportation to a non-resident student with a disability attending school in the District under this provision if it is required as part of his/her IEP. 5. The student who resides outside the School District whose family is in the process of building or moving into the district will be permitted to attend school in the School District on a space available basis and under the following conditions: a. A written request is submitted to the Board of Education with a prepayment of tuition for a nineweek period. The tuition payment will be made in nine-week intervals. If the family moves into the district prior to the end of the first semester, the tuition prepayment will be refunded. b. Transportation will not be provided outside of the Cuba City School District unless required by law or Board policy. LEGAL REF.: 121.75-121.86 Wisconsin Statutes
SCHOOL DISTRICT OF CUBA CITY
Policy 422 Page 2 of 2
Admission of Non-Resident Students (other than open enrollment) Admission of Students Expelled from Other Districts Whenever a student seeks to enroll in the School District of Cuba City, the Superintendent or building principal, prior to the student’s admission or enrollment, shall inquire as to whether or not the student is currently under expulsion from another district. The Superintendent or Principal shall contact the student’s prior school district to obtain the following information: 1. Whether or not the student is currently expelled from that school district. 2. Whether the student was expelled from a previously attended school district and, if so, whether the term of the student’s expulsion is still in effect or has lapsed. 3. If the student is currently under expulsion from a previously attended school district, the Superintendent or Principal, as the designee of the Board of Education, shall also obtain the written findings and order of expulsion, a written explanation of the reasons for which the student was expelled and the length of the term of the expulsion. Upon receipt of the foregoing information, the Superintendent will contact the Board of Education President who will, as soon as practicable, cause the issue of whether to enroll the student to be brought before the Board. No student who is under expulsion from another school district at the time they seek to enroll in the School District of Cuba City will be admitted to enroll in the School District unless the Board determines by majority vote to admit the student or the district is otherwise required by law to provide educational services to the student. The Board of Education shall have exclusive discretion to determine, on a case by case basis, whether or not to admit a student currently under expulsion from a previously attended school district except as otherwise may be required by law. In making its determination as to whether or not to permit the student to enroll, the Board may consider the written information submitted pertaining to the expulsion, the recommendations of the Superintendent, building principal or other staff, the advice of legal counsel or such other information it deems relevant. The Board may also consider whether or not the behavior for which the student was expelled from the previously attended school district would result in expulsion if such behavior occurred at the School District of Cuba City. The Board shall make its decision as soon as practicable after a request for admission is made. LEGAL REF.: Wisconsin Statutes section 120.13(1)(f) ADOPTED: 2/15/05 AMENDED: 4/20/10 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 422.1 Page 1 of 1
Foreign Exchange Programs The Board of Education encourages participation with organizations that facilitate student exchange between foreign countries and our district. Any organization or individual intending to sponsor or host a foreign exchange student must receive approval from the Board of Education before the student will be allowed to enroll. However, this approval will be limited to two (2) organizations and a total of three (3) exchange students per academic year. Additional students will only be considered on a case-by-case basis. Moreover, exchange agreements must be finalized by July 15 prior to the year in which the student will attend the Cuba City School District. In addition, the following provisions apply: 1. The exchange student must be sixteen (16) years of age by September 1 of the year they plan to attend the Cuba City School District. 2. The student must provide a transcript prior to the time the student is to start school. 3. Students must have been in good academic standing in the native country and must have been screened for maturity and ability to get the maximum benefit from an exchange program. 4. The student must possess a functional speaking and written understanding of the English language. 5. The student will be entered only at the beginning of the first semester and for a minimum of one semester of attendance. 6. The student will be subject to the same policies, rules of conduct, transportation, and attendance requirements that apply to all students. 7. Tuition is waived for students upon board approval. However, the host family, or organization, or student assumes all other financial responsibilities associated with attendance at the school. Exchange students are eligible for free or reduced price lunches if the host family meets income guidelines. 8. Exchange students must meet the district’s graduation standards in order to be awarded a diploma. 9. The local program representative or host family must provide the school with the following information concerning the student: a. Insurance (medical and accident coverage) b. Permission to participate in athletics c. Physical examination form with required immunizations d. A copy of the students visa and passport e. Emergency phone numbers of the host family and the organization’s program coordinator f. Contact information for the exchange organization’s representative 10. The student will be allowed to participate in extra-curricular activities and athletics, provided he or she meets the standard eligibility requirements. ADOPTED: 2/15/05 AMENDED: 9/20/05, 10/20/09 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 423 Page 1 of 6
Public School Open Enrollment This policy shall be administered in accordance with the state public school open enrollment laws and the administrative rules established by the Department of Public Instruction (DPI). Delegation of Authority Subject to the exception that the School Board, each January, shall act upon any annual space availability determinations for purposes of nonresident open enrollment into the District, the Board authorizes the Superintendent, or any administrative-level designee of the Superintendent, to make all other decisions and determinations that are necessary or permitted in connection with any open enrollment application or any open enrollment student under this policy and under any related Board-approved rule. However, this delegation of authority shall not be construed to prohibit the Superintendent from bringing any such decision or determination to the Board as he/she deems necessary or prudent. Nonresident Open Enrollment Students A nonresident student may apply for full-time enrollment in a public school in the District under the open enrollment program. Applications may be completed and submitted using DPI’s online system or by completing the DPI’s paper application form and submitting the paper application to the District Office. Upon receipt of any paper copy of a nonresident student’s application to attend a school or program in the District, office staff shall affix a date stamp or a written and initialed date to the application and forward the application to the Superintendent or his/her designee for review and processing. The District shall consider and apply the following criteria when deciding whether or not to accept (or, in some situations, revoke acceptance of) a nonresident student’s application for full-time enrollment: 1. Space Availability and Waiting Lists The District shall consider the availability of space in the schools, programs, classes or grades within the District. When determining space availability, considerations may be given to desired class size limits, desired student-teacher ratios, overall building capacity, future enrollment projections, the projected number of sections of particular grades or courses, desired program-size limitations, and known or projected limitations on available staffing and other resources. Based upon a review of the relevant considerations, the Board may annually establish, at a Board meeting held in January, space limitations applicable to nonresident open enrollment. At a minimum, any annual determination of space availability shall involve at least a declaration of the District-wide number of nonresident open enrollment applications that the District intends to accept in conjunction with the subsequent regular application period, broken down (1) by grade (although two or more grades may be combined and treated as a single grade); and (2) by any established special education program or service that has identifiable space limitations. However, in any year in which the Board establishes a space limitation in any grade/program/service, the Board’s determination of space availability may also indicate, at the Board’s discretion in light of its assessment of the relevant factors, that no space limitations are needed in certain other grades/programs/services. If the Board has taken action in January to limit the number of spaces that will be available in any grade(s), program(s), or services(s) for applications that are submitted during the regular application period (i.e., for enrollment in the following school year), then the District’s consideration of nonresident alternative applications for open enrollment shall be limited as provided under DPI’s administrative rules.
SCHOOL DISTRICT OF CUBA CITY
Policy 423 Page 2 of 6
Public School Open Enrollment 2. The Method of Random Selection used to Determine which Applications will be Approved when there are more Applications than Available Spaces If the District receives more student applications during the regular application period for full-time enrollment than there are spaces available, the District shall determine which students to accept on a random basis, subject to the following exceptions and preferences: a. The District grants preferential access to the available spaces to the following applicants during the regular application period: (1) Students who are currently enrolled in and attending school in the District (excluding part-time attendance by a student who is enrolled in another public school district, a private school, a tribal school or home-based private educational program). (2) The siblings of any student who is currently attending school in the District (excluding part-time attendance by a student who is enrolled in another public school district, a private school, a tribal school or home-based private educational program). b. As individual applications are selected and considered within the random selection process, the District grants preferential consideration to certain sibling-applicants as required by DPI rule. Specifically, if the District determines during the random selection process that there is space available to accept the individual student whose application is under immediate consideration, then the District shall give immediate consideration to the application(s) of any remaining sibling-applicants in the same family who applied for open enrollment at the same time. The application of any sibling who is entitled to preferential consideration under this paragraph shall be denied if there is no remaining space in such sibling’s grade and/or in any special education program or service that may be required for the sibling. The random selection process will be by grade (with the order of grades chosen randomly and then the names of the students by grade. 3. Waiting Lists for Acceptance of Open Enrollment Applications into the District a. The District does not create or administer waiting lists for applications received during the regular application period that are initially denied due to space limitations. b. The District does not administer waiting lists for current-year open enrollment applications submitted by nonresident students under the alternative application procedure. c. The District does not create or administer waiting lists for the assignment of accepted open enrollment applicants to specific schools/programs for which the applicant has expressed a preference. 4. Students with Disabilities If the special education or related services is required for a student with a disability are not available in the District or if there is no space available in the relevant program/services(s), then the application shall be denied. In any instance where an application is submitted by a student with a disability but there is no current IEP available for the student, the District will use the procedures defined in DPI’s administrative rules to determine whether the District has the appropriate special education program or space. If a nonresident student receives his/her initial individualized education program (IEP) while attending the District under open enrollment, or if a nonresident student’s IEP changes after the student begins attending
SCHOOL DISTRICT OF CUBA CITY
Policy 423 Page 3 of 6
Public School Open Enrollment school in the District, or if the District has approved an application for a student without an IEP and it is subsequently determined that the student is a child with disability for whom there is either a record of a previous special education evaluation or a prior IEP based upon such evaluation, then the student may be returned to his/her resident district if the District determines either that the special education or related services required for the student are not available in the District or that there is no space available. 5. Students Referred for a Special Education Evaluation An open enrollment application shall be denied if the nonresident student has been referred or identified as having a possible disability but has not yet been evaluated by an IEP team in the resident district. To the extent permitted by the DPI, and assuming other acceptance criteria are and continue to be met, such a student’s parent or guardian may request that the District reconsider a denial under this criteria if the IEP (or a finding of no disability) is forwarded to and reviewed by the District prior to the close of the open enrollment period during which the District normally processes and considers accepting applications from waiting lists and if the District concludes that such reconsideration would not be prejudicial to any other applicant. 6. Discipline-Related Criteria a. The term of an applicant’s expulsion overlaps with the proposed period of open enrollment. Consistent with state law authority, the District may deny the application and prohibit the enrollment of any student whose term of expulsion (for any lawful reason and regardless of when the expulsion occurs) from any public school, independent charter school in Wisconsin, or out-of-state public school overlaps with the proposed period of open enrollment. b. The term of an applicant’s recent expulsion from school does not overlap with the proposed period of open enrollment. The District may deny an application for full-time open enrollment in the District if a review of the student’s disciplinary records indicates that the student-applicant has been expelled by any Wisconsin school district at any time during the current school year or preceding two school years for conduct falling in any of the four specific categories listed in the open enrollment statutes. (1) Conveying or causing to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives. (2) Engaging in conduct while at school or while under supervision of a school authority that endangered the health, safety or property of others. (3) Engaging in conduct while not at school or while not under the supervision of a school authority that endangered the health, safety or property of others at school or under the supervision of a school authority or of any employee of the school district or member of the school board. (4) Possessing a dangerous weapon, as defined in s. 939.22 (10), while at school or while under the supervision of a school authority. c. Disciplinary matters that are pending or that become pending while the application is under consideration. Subject to the limited exception defined in paragraph 4-e, below, if any disciplinary proceeding involving alleged conduct falling in any of the four specific categories listed in the open enrollment statutes is pending at the time the District notifies the student of his/her application status, the District may deny the application. d. Applicants must continue to meet discipline-related approval criteria after initial acceptance. The District may revoke the prior acceptance of an open enrollment application if the District determines that student is, in fact, subject to a current expulsion order that would have disqualified the student’s
SCHOOL DISTRICT OF CUBA CITY
Policy 423 Page 4 of 6
Public School Open Enrollment application under paragraph 4-a, above. In addition, subject to the limited exception defined in paragraph 4-e, below, the District may revoke the prior acceptance of an open enrollment application if, at any time prior to the beginning of the school year in which the student will first attend school in the District, the District determines that the student either has been expelled or become subject to a pending disciplinary proceeding, as described in either paragraph 4-b or paragraph 4-c of this policy, above. e. Limited Exception. In situations where a student’s application was denied (including as a result of the revocation of an initial acceptance) due to a pending disciplinary matter, the District, upon the written request of the student’s parent or guardian, will reconsider the status of the student’s application if both of the following conditions are satisfied: (1) prior to the close of the open enrollment period during which the District normally processes and considers accepting applications from any waiting lists the District is able to determine that the prior pending disciplinary matter has been concluded in favor of the student; and (2) the District concludes that considering possible acceptance of the application would not be prejudicial to any other applicant. 7. Truancy-Related Criteria a. An open enrollment application may be denied if the student was habitually truant during any semester of attendance at a District school in the current or previous school year and the student had a further instance of truancy in that same semester after the District notified the student’s parent or guardian of the habitual truancy. b. Pursuant to the District’s applicable truancy and attendance policies, if the District determines that a nonresident student attending school in the District under the open enrollment program is habitually truant from school during either semester in a given school year, the District may prohibit the student from continuing to attend school in the District as an open enrollment student in the succeeding semester or school year. Under no circumstances shall any student have their open enrollment terminated under this paragraph unless the District has clear documentation that (1) the parent or guardian or student knew or should have known that the student’s open enrollment could be terminated for habitual truancy; and (2) the student had at least one notice and opportunity to correct the truant behavior before being found to be habitually truant or before terminating the open enrollment. The District’s relevant truancy and attendance policies are as follows: Board Policy 430 Attendance as well as the requirements established under PI 36.04(6) of the Wisconsin Administrative Code. 8. “Best Interests” Determinations under the Alternative Open Enrollment Applications Criteria and Procedures If a parent or guardian applies for open enrollment under the alternative open enrollment application criteria and procedures and relies on the “best interests of the student” criteria, the District shall review the information and rationale provided by the parent(s) or guardian and make a determination as to whether the District agrees with the parent(s) or guardian that attending school in the District pursuant to the application is in the student’s best interests. If the District determines that attendance would not be in the student’s best interests, the application may be denied on that basis. A full-time open enrollment application can also be denied if the nonresident student is ineligible for open enrollment under state law (e.g., the students does not meet the age requirements for school attendance or for early admission, the resident district does not have a 4-year-old kindergarten program as offered by the District, etc.) or the application is determined to be invalid (e.g., the application is incomplete, untimely, or in excess of the number of allowable applications).
SCHOOL DISTRICT OF CUBA CITY
Policy 423 Page 5 of 6
Public School Open Enrollment 9. Assignment of Accepted Applicants to a School/Program The District shall assign nonresident students accepted for full-time open enrollment to a school or program. Any preferences identified by the applicant cannot be guaranteed. In making such assignments, the District may give preference in attendance at a particular school or program to residents of the District. Any admission requirements and pre-requisites for attendance in any specialized school or program that apply to resident students also apply to nonresident students. In addition, any nonresident open enrollment students must meet the in-person/physical attendance requirements established by law. 10. Requests for Early Admission to Kindergarten The District does not evaluate a nonresident open enrollment applicant for possible early admission to 4year old kindergarten. The District does not evaluate a nonresident open enrollment applicant for early admission to 5-year-old kindergarten. The parent or guardian requesting early admission to first grade must contact the elementary principal as soon as possible after submitting an open enrollment application. Procedures found in Policy 421 Admission to Kindergarten and First Grade (Entrance Age) will be followed. 11. Reapplication Once a nonresident student is accepted for full-time open enrollment in the District and begins attending school in the District, no re-application is required in order for the student to maintain continuous open enrollment. 12. Transportation Student transportation and the costs thereof shall be the responsibility of the nonresident student’s parent(s) or guardian, subject to the following exceptions: a. Low income parents and guardians may apply to the DPI for reimbursement of costs of transportation in accordance with DPI’s procedures. b. The District shall provide transportation for a nonresident open enrollment student with a disability who is attending school in the District if it is required in the student’s IEP or otherwise required by law. c. Upon request of the student’s parent or guardian, the District shall provide transportation to nonresident full-time open enrollment students without charging any fee if there is room available on a bus on a regular route and the student is picked up or dropped off at a bus stop on the established route, except that if the bus stop on the established route is located within the boundaries of the student’s resident school district, the resident school district must also approve the transportation arrangement. 13. Rights and Privileges To the extent required by state law, nonresident open enrollment students attending school in the District shall have all of the rights and privileges of similarly-situated resident students and shall be subject to the same rules and regulations as resident students. An open enrollment student’s eligibility to participate in interscholastic athletic activities is subject to the rules and regulations of the Wisconsin Interscholastic Athletic Association (WIAA).
SCHOOL DISTRICT OF CUBA CITY
Policy 423 Page 6 of 6
Public School Open Enrollment Resident Open Enrollment Students Resident students may apply for full-time open enrollment in another public school district in accordance with state law. An application may be denied if the resident student is ineligible for open enrollment under state law (e.g., the student does not meet the age requirements for school attendance or for early admission, the District does not have the same program offered by the nonresident district, etc.) or the application is determined to be invalid (e.g., the application is incomplete, untimely, or in excess of the number of allowable applications). For any applications submitted requesting enrollment prior to the 2016-17 school year, the District may deny a resident student from attending school in another public school district, or from continuing to attend school in another public school district, if the costs of the special education and related services required in the student’s IEP would place an undue financial burden on the District, taking into account the District’s total economic circumstances. However, if a student with a disability has submitted an alternative application based upon a determination that the student has been a victim of a violent criminal offense, as further defined and addressed under state law, then the District may not deny the application based upon a finding of an undue financial burden. If the student has applied for open enrollment under the alternative open enrollment application criteria and procedures authorized by law, the District may deny the student’s open enrollment if the District determines that none of the criteria relied on by the student to submit the application apply to the student. However, prior to denying an alternative application on the basis that the parent or guardian did not provide enough information to allow the District to assess whether the student has been the victim of repeated bullying or whether open enrollment would be in the best interests of the student, the District may offer the parent or guardian an opportunity to provide additional information. The parent(s) or guardian of a resident open enrollment student shall be responsible for student transportation, except as otherwise provided by law. Requests from other school districts to provide optional transportation to resident open enrollment students to/from locations within the boundaries of the District shall be denied. Appeals of Open Enrollment Decisions The student’s parent(s) or guardian may appeal a District decision regarding full-time open enrollment to the DPI by following the deadlines and other procedures established by the DPI, except as otherwise specifically provided under state law or under DPI rules. ADOPTED: 2/15/05 AMENDED: 1/15/08, 1/6/15, 12/16/15 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 424 Page 1 of 1
Participation of Non-Public School Students in District Courses and Activities Non-public school students (private school and home-based private educational program students) may participate in public school courses and programs in the School District of Cuba City as follows: 1. A private school student may take up to two courses per semester at the High School provided the following conditions are met: (a) the student is eligible for high school admission and has met any established prerequisites for the course(s), (b) the student resides in the District, and (c) there is sufficient space in the classroom. 2. A home-based private educational program student, whether he/she resides in the District or not, may take up to two courses during a semester at any public school in the District provided the following conditions are met: (a) the student has met standards for admission to the course at that grade level as required by law and as established by the Superintendent or designee; (b) there is sufficient space in the classroom; and (c) the student is taking no more than two courses in any public school in the state during any semester. 3. A non-public school student who resides in the District may participate in District educational programs or services when specifically required by law. For example, summer school programs and programs for students with disabilities. Non-public school students participating in public school courses and programs under this policy shall be responsible for their own transportation to and from the public school, except as otherwise required by law. LEGAL REF.: Sections 118.04, 118.13, 118.145(4), 118.53, 121.004(7)(em), 121.54(2)(c) Wisconsin Statutes Individuals with Disabilities Education Act – Federal Law ADOPTED: 7/16/14 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 430 Page 1 of 4
Attendance Legal Requirements: See Grant County Truancy Plan on District’s website The principals of each school are designated as the district truant officers. Excused Absence 1. Student illness or injury 2. Evidence that the child is not in proper physical or mental condition to attend school or an education program. The district may request the parent or guardian to obtain a written statement from a physician or licensed practitioner as proof of the physical or mental condition of the child. Such excuse shall be made in writing, shall state the period of time for which it is valid and shall not exceed 30 days. 3. Medical, dental, chiropractic, optometry or other valid professional appointments that are approved. Parents or guardians are requested to make their appointments during non-school hours. Students are required to bring back documentation from the health care provider. 4. A death in the immediate family or funerals for close relatives. 5. Religious holidays or religious instruction. 6. A child may be excused in writing by his or her parent or guardian before the absence. A child may not exceed more than ten (10) days in a year under this section. 7. For the purpose of serving as an election official if the criteria under s. 118.15 (3)(d), Wis. Stats., are met. All students with excused absences will be given the opportunity to make up work missed in accordance with the following guidelines: 1. It is a shared responsibility between the student and teacher(s) to make arrangements for making up work missed during an absence from school. 2. Students who miss classes for reasons that are determined to be excused will be given the opportunity, whenever possible, to make up work missed when they return to school. 3. Examinations missed during an excused absence will be permitted to be made up. Unexcused Absence An unexcused absence occurs when a pupil is voluntarily absent with or without the consent of his or her parent or guardian for reasons not recognized by Wisconsin Statutes and/or school board policy. Children who are absent from school with the consent of their parent(s) or guardian, but whose absence does not fall under the reasons listed above under “Excused Absence” shall be considered unexcused. In such cases, the student may or may not be permitted to make up class work missed. The student, on his/her return to school, will be expected to submit a written statement signed by his/her parent or guardian explaining the reason for the absence. On the basis of this statement, the principal or designee will determine whether credit for the makeup work will be granted. A student who is absent from school for no particular reason or is truant will also be considered unexcused. Credit will not be given for class work missed during an unexcused absence. However, students have the obligation to understand and retain for future reference and use all materials presented during their unexcused absence. School administration may require a student to make up time missed from school if the time missed is unexcused. This includes but is not limited to: truancy and tardiness, but does not include school-imposed suspensions.
SCHOOL DISTRICT OF CUBA CITY
Policy 430 Page 2 of 4
Attendance Notwithstanding the foregoing, no student may be denied credit in a course or subject solely because of the pupil’s unexcused absences or suspensions from school. Pupils may be permitted to take examinations missed during absences, other than suspensions, if the examinations are taken within five (5) school days of the day of the absence. Students shall be permitted to take any quarterly, semester or grading period examinations and complete any coursework missed during a period of suspension provided that the student takes such examinations or completes such coursework within five (5) school days of the day of the absence. The makeup periods may be extended with the agreement of administration and the teacher. Tardiness “Tardiness” is defined as being less than 30 minutes late for school. A pattern of tardiness on the part of any child will be brought to the attention of the child’s parents or guardians. If it appears that the child is negligent, appropriate disciplinary action will be taken. Truancy and Habitual Truancy “Truancy” means any absence of part or all of one or more days from school during which the school attendance officer, principal or teacher has not been notified of the legal cause of such absence by the parent or guardian of the absent pupil, and also means intermittent attendance carried on for the purpose of defeating the intent of s. 118.15, Wis. Stats. “Habitual truant” means a pupil who is absent from school without an acceptable excuse under board policy and s. 118.15 for part or all of five (5) or more days on which school is held during a school semester. “Part of a day” means thirty (30) minutes or more of a day on which school is held but less than the full day on which school is held. The period during which a pupil is absent from school due to a suspension or expulsion under s. 120.13, Wis. Stats., is neither an absence without an acceptable excuse nor an absence without legal cause. In the event a child is determined to be truant or habitually truant, the following procedure will be followed: 1. The school attendance officer: (a) Except as provided under pars. (b) and (c), shall notify the parent or guardian of a child who has been truant of the child’s truancy and direct the parent or guardian to return the child to school no later than the next day on which school is in session or to provide an excuse. The notice under this paragraph shall be given before the end of the second school day after receiving a report of an unexcused absence. The notice may be made by personal contact, mail or telephone call of which a written record is kept, except that notice by personal contact or telephone call shall be attempted before notice by mail may be given. (b) Shall notify the parent or guardian of a child who is a habitual truant, by registered or certified mail, when the child initially becomes a habitual truant. The notice shall include all of the following: (1) A statement of the parent’s or guardian’s responsibility, under s. 118.15(1)(a) and (am), Wis. Stats., to cause the child to attend school regularly. (2) A statement that the parent, guardian or child may request program or curriculum modifications for the child under s. 118.15(1)(d), Wis. Stats., and that the child may be eligible for enrollment in a program for children at risk under s. 118.153(3), Wis. Stats.
SCHOOL DISTRICT OF CUBA CITY
Policy 430 Page 3 of 4
Attendance
2.
3.
4.
5.
(3) A request that the parent or guardian meet with appropriate school personnel to discuss the child’s truancy. The notice shall include the name of the school personnel with whom the parent or guardian should meet, a date, time and place for the meeting and the name, address and telephone number of a person to contact to arrange a different date, time or place. The date for the meeting shall be within five (5) school days after the date that the notice is sent, except that with the consent of the child’s parent or guardian the date for the meeting may be extended for an additional five (5) school days. (4) A statement of the penalties, under s. 118.15(5), Wis. Stats., that may be imposed on the parent or guardian if he or she fails to cause the child to attend school regularly as required under s. 118.15(1)(a) and (am), Wis. Stats. (c) After the notice required under par. (b) has been given, the school attendance officer shall notify the parent or guardian of a habitual truant of the habitual truant’s unexcused absences as provided in the plan under s. 118.162(4)(a), Wis. Stats. After the notice required under par. (b) has been given, par. (a) does not apply. Except as provided in sub. (3), before any proceeding may be brought against a child under s. 938.13(6), Wis. Stats., for habitual truancy or under s. 938.125(2) or 938.17(2), Wis. Stats., for a violation of an ordinance enacted under s. 118.163(2), Wis. Stats., or against the child’s parent or guardian under s. 118.15, Wis. Stats., for failure to cause the child to attend school regularly, the school attendance officer shall provide evidence that appropriate school personnel in the school or school district in which the child is enrolled have, within the school year during which the truancy occurred, done all of the following: (a) Met with the child’s parent or guardian to discuss the child’s truancy or attempted to meet with the child’s parent or guardian and received no response or were refused. (b) Provided an opportunity for educational counseling to the child to determine whether a change in the child’s curriculum would resolve the child’s truancy and have considered curriculum modifications under s. 118.15(1)(d), Wis. Stats. (c) Evaluated the child to determine whether learning problems may be a cause of the child’s truancy and, if so, have taken steps to overcome the learning problems, except that the child need not be evaluated if tests administered to the child within the previous year indicate that the child is performing at his or her grade level. (d) Conducted an evaluation to determine whether social problems may be a cause of the child’s truancy and, if so, have taken appropriate action or made appropriate referrals. Subsection (2)(a) does not apply if a meeting under sub. (1)(b) 3 is not held within ten (10) school days after the date that the notice under sub. (2)(b) is sent. Subsection (2)(b), (c) and (d) does not apply if the school attendance officer provides evidence that appropriate school personnel were unable to carry out the activity due to the child’s absences from school. If the school attendance officer receives evidence that activities under sub. (2) have been completed or were not required to be completed as provided in sub (3), the school attendance officer may file information on any child who continues to be truant with the court assigned to exercise jurisdiction under chs. 48 and 938 in accordance with s. 938.24, Wis. Stats. Filing information on a child under this subdivision does not preclude concurrent prosecution of the child’s parent or guardian under s. 118.15(5), Wis. Stats. A parent or guardian who disputes a determination that an absence is unexcused may, within ten (10) school days of the date of verbal notification of an unexcused absence under s. (1)(a) or the date of mailing of a notice of habitual truancy under s. (1)(b) above, file a written explanation with the administration providing the reason or reasons why the parent or guardian disputes the determination that an absence was unexcused together with any supporting documentation the parent or guardian wishes the administration to consider. Administration shall respond in writing to the parent or guardian within five (5) school days of receipt of the explanation advising the parent or guardian as to whether the absence has been changed to an excused absence or remains unexcused. The administration shall explain the reason for its decision.
SCHOOL DISTRICT OF CUBA CITY
Policy 430 Page 4 of 4
Attendance Open Enrolled Students and Habitual Truancy If the Board or the administration determines that a pupil open enrolled in the school district is habitually truant from the district during either semester in any current school year, the school board may prohibit the pupil from attending school in the district in the succeeding semester or school year. A student is habitually truant if he or she is absent from school without an acceptable excuse under this policy and s. 118.15, Wis. Stats., for part or all of five (5) or more days on which school is held during a school semester. Before the school board or administration may prohibit a student’s attendance in a succeeding semester or school year due to the student’s habitual truancy, the board or administration shall do all of the following: 1. Provide the following notifications to the parent and the pupil when the pupil enrolls in the non-resident school district: (a) The school board’s truancy and attendance policy. (b) The open enrollment consequences of habitual truancy. (c) A clear explanation of what constitutes truancy, including what constitutes “part of a school day.” (d) A description of the notifications including the manner of delivery, a parent will receive when a pupil is absent, is truant, or is habitually truant. Each notification shall inform the parent that the pupil’s open enrollment may be terminated if the pupil is habitually truant. (e) How and where the parent can view the pupil’s attendance record. 2. Ensure that each notification provided under s. 118.16(2), Wis. Stats., shall notify the parent or pupil of the consequences of habitual truancy on open enrollment. 3. Provide the parent and pupil with a list of all unexcused absences and truancies that resulted in the board’s or administrations proposed action to prohibit the pupil’s attendance in a succeeding semester or school year. 4. Allow the parent or pupil to explain why they believe there was any error in marking an absence as truancy, using the process described in the board’s policy under s. (5) of the Truancy and Habitual Truancy section of this policy. 5. Ensure that each student shall be provided with a copy of the policy and a copy of this policy shall be available in each school in the district. Copies of this policy will be available upon request. Legal Ref:
Wisconsin Statute sections 118.15, 118.16, 118.51 Chapter PI 36, Wisconsin Administrative Code
ADOPTED: 2/15/05 AMENDED: 5/19/15 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 443.4 Page 1 of 1
Alcohol and Other Drug Use by Students No student shall possess, distribute, sell or be under the influence of any illegal drug or intoxicant while on the school premises, on the school bus, or while involved in any school-sponsored activity. Students attending the School District of Cuba City in violation of this policy shall be subject to disciplinary action in accordance with school regulations. It shall be the policy of the board of education to take positive action through education, counseling, parental involvement, medical referral, and police referral in the handling of incidents in the schools involving the possession, sale, and/or use of any illegal drug or intoxicant. The board of education reserves the right to suspend or expel any student found in violation of this policy. LEGAL REF.: Sections 118.126 Wisconsin Statutes 176.29 ADOPTED: 2/15/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 443.6 Page 1 of 2
Weapons on School Premises – Student No student shall possess a firearm, dangerous weapon or weapon at any school-related activity, on any school premises or on a school bus. Dangerous weapon – means any weapon defined as a “dangerous weapon” under either Wisconsin Statute section 948.60(1) or 939.20(10). Firearm – means a weapon that acts by force of gunpowder. Weapon – means (a) a device, instrument, material or substance, animate or inanimate, that is used for or is readily capable of causing death; bodily injury or property damage or that readily can be used to intimidate others; (b) any device, realistic toy, inoperable weapon, or fake replica that is readily perceived or believed to be an actual working weapon; (c) any device designed as a weapon and capable of producing death or great bodily harm; (d) knives and cutting instruments; or (e) any electric weapon or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. “Weapon” also includes BB and pellet guns and look alike or facsimile devices that can be interpreted or believed to be a weapon and/or can be used to intimidate or threaten others. Great bodily harm – means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury. Knife – refers to all types of knives, without regard to blade length. Cutting instrument – refers to all objects that have as their primary intended purpose being an object utilized to cut something (e.g., box cutter, carpet cutter, razor blades, straight razor). School premises – means any building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration. This policy does not apply to a person who both meets the criteria of Wisconsin Statute section 948.605(2)(b) or 948.61(3) and, except for law enforcement officials, has received permission from the Board or Superintendent to be in possession of a weapon or dangerous weapon on school grounds. Permission may be extended for reasons that pertain to educational value. Examples include the following: 1. A weapon used or handled by an individual in a legal manner as part of an approved school program and authorized by the Superintendent or his/her designee (i.e., the Civil War reenactment). 2. Tools used by employees or students necessary to complete educationally assigned tasks. The superintendent must approve any weapon, look-alike, or facsimile weapon that will be used for educational and performance purposes. Such weapon(s) must be kept secured by the building administrator until the time of the performance, or kept secured as authorized by the superintendent. Students who violate this Policy may be referred to law enforcement for prosecution. Students who violate this Policy may also be subject to disciplinary action up to and including expulsion.
SCHOOL DISTRICT OF CUBA CITY
Policy 443.6 Page 2 of 2
Weapons on School Premises – Student When considering disciplinary action against a student for violating this policy, the superintendent may apply but is not limited to considerations listed below.
Whether the device was on school property to purposely intimidate, threaten or harm others. Whether the person in possession of the device was hostile and threatening to another person, even if the device was not physically used as part of the threat. The degree to which the device was capable of causing harm, fear or threat to another. The manner in which a look alike or weapon was displayed to others.
For possession of a firearm as defined in sec. 921 of Title 18 of the U.S. Code by a student, expulsion is mandatory for a period of not less than one year unless the school board modifies the expulsion as permitted under Wis. Stat. sec. 120.13(1)(g). LEGAL REF.: Wisconsin Statutes
120.13(1) 948.60 948.605 948.61 939.22(10)
Title 18, U.S. Code ADOPTED: 2/15/2005 AMENDED: 3/18/2008, 11/15/2011 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 443.71 Page 1 of 2
Bullying The School District of Cuba City shall strive to provide a safe, secure, and respectful learning environment for all students in school buildings, on school buses, and at school-sponsored activities. Bullying has a harmful social, physical, psychological, and academic impact on the bullies, the victims, and the bystanders. The District will consistently and vigorously address bullying so that there is no disruption to the learning environment and learning process. Prohibition Bullying behavior is prohibited in all schools, buildings, property, and educational environments, including any property or vehicle owned, leased, or used by the school district. Educational environments include, but are not limited to, every activity under school supervision. Definition Conflicts are disagreements or fights which arise between students. Bullying, however, involves an imbalance in power – a stronger person using their strength to intimidate, harass or threaten a weaker person. Bullying is deliberate or intentional behavior using words or actions, intended to cause fear, intimidation, or harm. Bullying may be repeated behavior and involves an imbalance of power. The behavior may be motivated by an actual or perceived distinguishing characteristic, such as, but not limited to: age, national origin, race, ethnicity, religion, gender, gender identity, physical attributes, physical or mental ability or disability, and social, economic, or family status. Bullying behavior can be: 1. Physical (e.g. assault, hitting or punching, kicking, theft) 2. Verbal (e.g. threatening or intimidating language, teasing or name calling, racist remarks) 3. Indirect (e.g. spreading cruel rumors, intimidation through gestures, social exclusion and sending insulting messages or pictures by mobile phone or using the Internet {also known as cyber bullying}) 4. Between students and students, students and adults, or adults and adults 5. Cyber bullying which consists of all forms of harassment in cyberspace. Cyber bullying in any form is unacceptable and viewed as a violation of this policy. Cyber bullying includes, but is not limited to, the following misuses of technology: harassment, teasing, intimidating, threatening, or terrorizing another person or group of people by sending or posting inappropriate and hurtful e-mail messages, instant messages, text message, digital pictures or images, or website posting, including blogs or any other messages via cyberspace. For purpose of this policy, “cyberspace” is defined as a global domain within the information environment consisting of the interdependent network of information technology infrastructures, including the Internet, telecommunications networks, computer systems, and embedded processors and controllers. In situations in which cyber bullying originated off school property or from a non-school computer or telecommunication device, but is brought to the attention of school officials, any disciplinary action shall be based upon whether the conduct is determined to be severely disruptive of the educational process so that it markedly impedes the day to day operations of a school. Such conduct includes, but is not limited to, harassment, bullying or making a threat off school grounds through cyberspace that is intended to endanger the health, safety or property of others at school, a district employee or a school board member.
SCHOOL DISTRICT OF CUBA CITY
Policy 443.71 Page 2 of 2
Bullying Procedure for Reporting/Retaliation It is the responsibility of all school staff members, students and concerned individuals who observe or become aware of acts of bullying to report these acts confidentially to a school staff member or administrator designated by the Board of Education to be a recipient of such reports. All such reports, either verbal or in writing are to be taken seriously and a clear account of the incident is to be documented. There shall be no retaliation against individuals making such report. Individuals engaging in retaliatory behavior will be subject to disciplinary action. Procedure for Investigating Reports of Bullying An investigation to determine the facts will take place in a timely manner to verify the validity and the seriousness of the report. Affected parents and/or guardians will be notified that a report has been made. The District shall keep the complaint confidential to the extent permitted by law for both the accused and the accuser. LEGAL REF.: Title IX of the Educational Amendments of 1972 Section 118.13 Wisconsin Statutes PI 9, Wisconsin Administrative Code Section 939.645 Wisconsin Statutes Section 947.013 Wisconsin Statutes Section 48.981 Wisconsin Statutes Section 948.02 Wisconsin Statutes Section 948.095 Wisconsin Statutes ADOPTED: 8/17/2010 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 443.8 Page 1 of 1
Gangs and Gang-Related Behavior The School District of Cuba City will not tolerate gang-related behavior in the schools, on school property, on buses, or at school-sponsored events. Gang behavior creates an atmosphere where unlawful acts or violations of school regulations may occur. Such behavior may initiate, advocate or promote activities, which threaten the safety, or well-being of persons or property, is harmful to the educational environment, and interferes with the mission of the school district. A “gang” as defined by this policy is a group of two or more individuals with a unique name, identifiable marks or symbols who claim turf or territory, who associate on a regular basis, and who engage in gangrelated antisocial or criminal activity. The following gang-related behaviors are prohibited in school buildings, school buses and at school-sponsored activities: 1. The presence of jewelry, accessories, manner of grooming, or apparel, which implies membership, affiliation or sympathy with a gang (gang garb could include color of clothing, head coverings). 2. Displaying gang tattoos, gang markings or slogans on personal property or clothing. 3. Uses of gang-related hand signs or signals. 4. Possessing literature that indicated gang membership. 5. Admitting gang membership. 6. Antisocial or criminal activities, which disrupt school or school-sponsored activities. 7. Committing a crime. 8. Initiations, hazings and intimidation. 9. Recruiting a student for gang membership or threatening a student for either not joining a gang or wishing to withdraw from a gang. Consequences for Gang-Related Activities 1. On the first offense, an administrator will contact and inform parents. The student may be referred to police at discretion of the school principal or superintendent. The offense may result in a suspension. 2. On the second offense, in addition to the parent notification letter and telephone call, a referral will be made to the police department. The offense will result in an out-of-school suspension with a parent conference required for reinstatement. 3. On the third offense, parents will be notified and the student will be suspended for at least three days. Expulsion or alternate scheduling will be considered. The student will be referred to the police department. 4. Any offense of an extreme nature will be dealt with in a case-by-case nature in addition to referral to the police department. LEGAL REF.: 120.13(1)(a), 120.13(1)(b), 895.035, 118.13, 118.128 U.S. Supreme Court, Honig v Doe, Jan 20, 1988 CROSS REF.: Pupil Behavior and Discipline, Possession or Use of Weapons, Staff Protection ADOPTED: 2/15/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 445 Page 1 of 2
Procedures for Conducting Student-Law Enforcement - Interviews on School Premises The Cuba City School District recognizes that cooperation with law enforcement agencies is necessary for the education and protection of the students, for maintaining a safe school environment, and for safeguarding all school property. The district supports a positive working relationship with law enforcement officers. At the same time, the District recognizes the responsibility to protect the educational process and to provide for concerns of parents/guardians regarding the welfare of their children. Law enforcement officials will be called to the school when laws may have been violated and in situations that threaten the safety of students and/or employees. Law enforcement officials may interview students in accordance with Board policy and established procedures. Law enforcement-initiated student interviews that are not school related shall not be conducted on school premises except in emergencies or as specifically required by law. Law enforcement officials may cite students for traffic violations, municipal ordinances, or crimes on school grounds. All student interviews with law enforcement officials conducted on school premises shall receive prior approval of the building principal or designee. All student interviews with law enforcement officers on school premises shall be conducted in such a way as to minimize school disruptions. A. Types of Interviews 1. A student victim interview is an interview with a student who is a victim of a crime. 2. A student witness interview is an interview with a student who is thought to have some information that would be helpful to law enforcement officials in investigating some crime or other offense. 3. A student suspect interview is an interview with a student who is suspected of some violation of the law or some other offense. B. General Requirements Regarding Student-Law Enforcement Officer Interviews 1. Law enforcement officers should make every reasonable attempt to interview students outside of the school setting except in cases where the school has requested law enforcement assistance, in emergencies, or as specifically required by law. 2. All student interviews by law enforcement officers on school premises shall be conducted in such a way as to minimize school disruptions. All student interviews will follow the guidelines listed below: Interviews should be coordinated with the student’s schedule if at all possible. The principal/designee will summon the student from his/her class, unless the law enforcement agency and school administration feel the situation warrants personal contact with the law enforcement officer and the interview will be conducted in an office setting to promote confidentiality. Parent notification will be attempted when law enforcement officers are involved in a student interview, except for cases involving allegations of child abuse or neglect. In the event that immediate contact with a parent cannot be made the principal or appropriate designee will ensure that parental contact is made and a parent(s) notified that a police interview has been conducted. The building principal or appropriate designee must be present during the law enforcement officer interview as determined appropriate by the building principal/designee and consistent with law enforcement agency standards.
SCHOOL DISTRICT OF CUBA CITY
Policy 445 Page 2 of 2
Procedures for Conducting Student-Law Enforcement - Interviews on School Premises 3. School officials shall attempt to notify a student’s parent/guardian prior to law enforcement officers conducting a student interview. A student interview may be conducted if attempts to reach the parent/guardian are unsuccessful and if an emergency exists as determined by the building principal/designee and the law enforcement agency. Emergency situations are defined as: a) The parent or guardian is suspected of a crime and the student has information as a witness or a victim; b) The student is a victim of a particularly sensitive crime such as sexual assault or child abuse and will include a school guidance counselor or social worker; c) a delay may result in flight of a suspect, destruction of evidence, opportunity to cover up a crime, or an unacceptable threat to the community. 4. Guidelines for interviewing and/or investigating students with identified special needs shall be followed. Identify the special needs of the person, and any special limitations that these needs will have upon the interview. In all cases involving students with special needs, the parents, guardians, caregivers, will be informed as to the police's intentions to interview their son/daughter. Arrangements must be made to have a support person (parent, caregiver, support worker) present. LEGAL REF.: State Statutes 118.32; 118.325; 948.50 and 1997 Wisconsin Act 329 ADOPTED: 6/20/06 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 446 Page 1 of 1
Search and Seizure Lockers and Vehicles School authorities have an interest in the preservation and maintenance of the property, health, and safety of others and in the maintenance for order for all those in the schools of the district. The Cuba City School District expressly reserves the right to search lockers and vehicles parked on school property, with or without reasonable suspicion of a violation of the district's school policy or state law, without student consent, and without a search warrant. The school provides lockers for the convenience of students to be used solely and exclusively for the storage of outer garments, footwear, and other school-related items. No student shall use the locker for any other purpose. The locker assigned to a student is the property of the School District of Cuba City. Although the district expects students to assume full responsibility for the security and contents of their lockers, at no time does the district relinquish its exclusive control of such lockers. Reasonable searches among the personal belongings of the student contained within the locker and/or vehicle may be conducted where there are reasonable grounds to believe that the search will provide evidence that the student has violated or is violating the law or school rules. Any unauthorized item found in the locker and/or vehicle may be removed. Items removed from the locker and/or vehicle may be confiscated or held for disciplinary proceedings, turned over to law enforcement officials, or returned to the parent(s)/guardian(s) of the student. The adult student or parent(s)/guardian(s) of a minor student shall be notified of items removed from the locker and/or vehicle or those which are against school rules or policies. Students will be notified of the student locker/vehicle search policy through the student handbook distributed annually. The School District of Cuba City does not assume responsibility for the loss, damage, or destruction of any property stored in the student lockers. B.
Personal Searches
Because searches of a student's person or personal effects such as purses, pockets, etc. are more intrusive than locker or vehicle searches, these personal searches may be undertaken only with reasonable suspicion that the district's school policy or state law has been violated. This search shall be conducted by a school administrator and at least one other person. C.
Strip Searches
Strip searches are not allowed under any circumstances. D.
Canine Searches
Law enforcement officials on school grounds may conduct searches by dogs specially trained to detect the odor of narcotics. School officials on a random, unannounced basis will schedule these searches. Students face prosecution if narcotics are discovered. Lockers and vehicles parked on school property will be searched-the student's person and personal belongings carried by students will not be searched unless reasonable suspicion exists that a school policy or law has been violated. Indications by the canine of possible violations will be cause for the search of nearby lockers. The canine searches may be conducted during school hours. LEGAL REF.:
Wisconsin Act 329 of July 1998 - 118.325 118.125 Wisconsin Statutes 118.126 118.24(2)(f) 118.257 Wisconsin Statutes 1. Sections 48.19 and 48.369
ADOPTED: 6/20/2006 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 446.1 Page 1 of 1
Locker Searches Although student lockers are considered property of the Cuba City School District, the district expects students to assume full responsibility for the security of their lockers. Periodic general inspections of lockers may be conducted by school administrators for any reason at any time without student consent and without a search warrant. Searches are authorized in the district for the purpose of maintaining order and discipline in the schools and to protect the safety and welfare of students and school personnel. Locker searches are to be conducted by the building principal and will be accompanied by the superintendent or designee. School officials may seize any items that are dangerous or are illegal during the search. Reasonable searches among the personal belongings of the students contained within the locker may be conducted where there are reasonable grounds to believe that the search will provide evidence that the student has violated or is violating the law or school rules. Any items that are seized during the search will be safeguarded until determination has been made by the appropriate authorities for disposition of the items. The search will be documented by school officials. The adult student or the parent(s)/guardian of a minor student shall be notified of items removed. An administrator accompanied by a faculty member of the same sex of the student may conduct a search of a students’ person, purse, duffel bag or similar articles if the search is based on reasonable suspicion, based on personal observation or reliable information from a third party, that the student has dangerous or illegal items or substances in their possession. Such a search may occur only if there is inadequate time based on the nature of the situation to contact the police. School authorities should remain sensitive so as not to invade the privacy of students any more than necessary to achieve the purpose of the search. The results of the search will be documented by school officials. The adult student or the parent(s)/guardian of the minor shall be notified of items removed. Strip searches are illegal and will not be condoned by the school district at any time. If the nature of the problem is so serious or severe that this type of search is to be considered, law enforcement agencies will be contacted immediately. ADOPTED: 2/15/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 447 Page 1 of 2
Pupil Behavior and Discipline The School District of Cuba City does not discriminate against standards and rules of pupil behavior, including student harassment, on the basis of sex, race, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability or handicap in its education programs or activities. Discrimination complaints shall be processed in accordance with established procedures. Pupils are expected, in keeping with their level of maturity, to comply with acceptable standards of behavior. They are to show due respect for the rights and privileges of other pupils and for the authority vested in their teachers and administrators. Administrative personnel are responsible for the development and administration of reasonable rules and regulations necessary for the operation and decorum of the schools. Rules may vary from school to school dependent upon the age and needs of the pupils being served. It is suggested that those affected by the rules have a share in their development. Rules and regulations contained in student handbooks, bulletins, etc., shall be reviewed by the board of education annually, and when approved by the board, considered as annexes of this policy manual. Behavior and discipline rules and regulations shall be disseminated and where practical shall indicate the type of punishment or penalty that can be expected for noncompliance or violation of the rule. Student use or possession of electronic paging or two-way communication devices (e.g., beepers, portable phones) and the like on school premises is prohibited, except as specifically authorized by the building principal. Any student found violating this policy should be disciplined accordingly. The building principal shall annually inform students of this policy. Whenever this policy is revised by the board of education, the superintendent, or their designee, shall submit a copy of the revised policy to the State Superintendent of Public Instruction. The board of education may expel a pupil whenever it finds them guilty of persistent refusal or neglect to obey these policies and/or of the schools and the board is satisfied that such action is in the best interest of the school. (120.13) The following repetition of or combination of the reasons listed below shall be considered sufficient to cause the expulsion of a student from school: 1. Failure to comply with the rules and regulations in board policy and in the handbooks and other listings provided to pupils. 2. Insubordination or failure to comply with instructions or directions given by a member of the school staff. 3. The use of indecent or abusive language to any staff member or student. 4. The willful or malicious destruction of school property. 5. The use of tobacco, liquor, drugs, or narcotics on school property or at school-sponsored events. 6. Conduct at school or at school functions, home or away, that adversely affects the status of the school or causes unfavorable criticism by the community it serves. 7. Conduct endangering the health, safety or property of others under certain conditions, conveying or causing to be conveyed a bomb threat involving school property, and possessing a dangerous weapon as defined in Wisconsin Statutes sec. 939.22(10) while at school or under the supervision of school authorities.
SCHOOL DISTRICT OF CUBA CITY Pupil Behavior and Discipline When expulsion is being considered, a student shall have the following rights: 1. 2. 3. 4. 5. 6. 7. 8.
To receive written notification, including a statement of specific rights. To request a prompt hearing before the board of education. To examine exhibits and other evidence against him. To be represented by counsel. To confront and examine adverse witnesses. To present or have evidence presented on their behalf. To receive the board’s final decision in writing. To appeal the board’s decision within 30 days to the State Superintendent.
LEGAL REF.: Section 118.258 Wisconsin Statutes ADOPTED: 2/15/05 AMENDED: REPEALED:
Policy 447 Page 2 of 2
SCHOOL DISTRICT OF CUBA CITY
Policy 447.1 Page 1 of 1
Pre-Expulsion Process Cuba City Pre-Expulsion Process The Board of Education believes a Pre-Expulsion Conference can be an effective discipline intervention in cases where student behavior has not improved through other interventions, the student has repeatedly refused to follow school rules, or when the student has committed a significant violation that may, under most circumstances, warrant a recommendation to the Board of Education for expulsion. A Pre-Expulsion Conference can serve as a last chance for the student, can further help to engage parents in the improvement of the child’s behavior, can empower the student to improve and control their own behavior and can afford another level of due process in cases that ultimately lead to expulsion. Therefore, the Board of Education authorizes the Administration to use a Pre-Expulsion Process when the administration deems it to be in the best interest of the student and school. Procedures for a Pre-Expulsion Process 1. Notification The student and his/her parents are notified via certified mail of the upcoming PreExpulsion Conference. Included in this notification are the date and location of the meeting, the purpose of the conference, the importance of the parent and student attendance at the meeting, and a number to call with questions. Notification is to be sent while the student is serving their suspension if appropriate. 2. Recommendation Prior to the Conference, building administration will develop Pre-Expulsion Recommendations. This document should include A. B. C.
D.
Specific Charges section that identifies the most recent incident that lead to the need for a PreExpulsion, Background Information section that provides information on previous incidents and information on attendance, grades, (etc.), and Recommendations section. The Recommendations section serves as the conditions and the agreement that the student will abide by in order to avoid an expulsion hearing. These recommendations will be unique to each case but could identify attendance requirements, include discipline parameters, and identify other sources of behavior improvement that the building administration deems appropriate. At the end of the Recommendations section there should be a clear definition of what will happen if the student fails to comply with the recommendation, A paragraph identifying that the student accepts the charges presented and agrees to the conditions of the recommendation is included followed by signatures of the parents and the student.
3. Conference and Conditions The student, parents, and building administrator meet with the Superintendent for the Pre-Expulsion conference. This conference should be somewhat formal in nature and begins with a presentation of the facts of the case by administration. The student and the parents have an opportunity to respond to the charges presented and the situation can be discussed. Next, the building administrator presents his/her recommendations to the Superintendent and stresses the consequences of violating the agreements as defined in the Recommendation. The parents and the student sign off on the Recommendation. If the parents and student fail or refuse to appear for the conference or fail or refuse to sign the Recommendation, the administration may or may not, depending on violation, recommend the violation(s) be forwarded to the Board of Education for expulsion. ADOPTED: 3/18/08 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 447.11 Page 1 of 2
Use of Seclusion and Physical Restraint No individual who is employed by the District, under contract with the School Board as an independent contractor to provide services for the benefit of the schools, employed by a person/entity under contract to provide such services (excluding law enforcement officers), or engaging in student teaching under the supervision of a District employee or independent contractor providing services for the benefit of the schools, may use seclusion or physical restraint on a student at school unless the conditions outlined in state law and this policy are met. For purposes of this policy, and as defined by state law, “seclusion” means the involuntary confinement of a student, apart from other students, in a room or area from which the student is physically prevented from leaving. “Physical restraint,” also as defined pursuant to state law, means a restriction that immobilizes or reduces the ability of a student to freely move his/her torso, arms, legs or head. It does not include briefly touching or holding a student’s hand, arm, shoulder, or back to calm, comfort or redirect the student, or using supportive equipment to properly align a student’s body, assist a student to maintain balance, or assist a student’s mobility, under the direction and oversight of appropriate medical or therapeutic staff. Seclusion or physical restraint may be used on students at school only when a student’s behavior presents a clear, present and imminent risk to the physical safety of the student or others and it is the least restrictive intervention feasible. In addition, the following conditions apply to the use of seclusion and physical restraint in the District:
Use of Seclusion
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The duration of a student’s seclusion can only be as long as necessary to resolve the clear, present, and imminent risk to the physical safety of the student or others.
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A District employee or other individual described above must maintain constant supervision of the student, either by remaining in the room or area with the student or by observing the student through a window that allows the employee/individual to see the student at all times.
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Any room or area in which the student is secluded must be free of objects or fixtures that may injure the student, and any door connecting the seclusion room or area to other rooms or areas must not be capable of being locked.
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The student who is in seclusion must have adequate access to bathrooms facilities, drinking water, necessary medication, and regularly scheduled meals.
Use of Physical Restraint
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A District employee or other individual described above may only use physical restraint on a student if he/she has received required training on the use of physical restraint. As an exception to this training requirement, physical restraint may be used by non-trained school personnel in an emergency situation where all other limitations and restrictions have been satisfied, but only if an individual who has received training on the use of physical restraint in not immediately available due to the unforeseen nature of the emergency.
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Physical restraint may be used on a student only if there are not medical contraindications to its use, and the degree of force used and the duration of the physical restraint do not exceed the degree and duration that are reasonable and necessary to resolve the clear, present, and imminent risk to the physical safety of the student or others.
SCHOOL DISTRICT OF CUBA CITY
Policy 447.11 Page 2 of 2
Use of Seclusion and Physical Restraint
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Under no circumstances can District employees or other individuals described above use corporal punishment, mechanical or chemical restraints, or any of the following maneuvers or techniques on students: (a) those that do not give adequate attention and care to protecting the student’s head; (b) those that cause chest compression by placing pressure or weight on the student’s chest, lungs, sternum, diaphragm, back, or abdomen; or (c) those that place pressure or weight on the student’s neck or throat, on an artery, or on the back of a student’s head or neck, or that otherwise obstruct the student’s circulation or breathing.
Decisions regarding the use of seclusion or physical restraint shall be made on a case-by-case basis. The District shall not unlawfully discriminate in the use of seclusion or physical restraint between disabled and non-disabled students. If the behavior of a student with a disability interferes with the student’s learning or the learning of others, it shall be the responsibility of the student’s individualized education program (IEP) team to determine the appropriate plan to address the behavior of the student, including appropriate positive interventions and supports and other strategies based upon a functional behavior assessment of the behavior of concern. Such behavior interventions, supports and strategies shall be included in the student’s IEP and revised as necessary. Any use of seclusion or physical restraint on a student at school shall be documented and reported to the student’s parent or guardian as required by law. A report of all uses of seclusion and physical restraint in the District during the previous school year shall be compiled and given to the School Board annually. The building principal shall be responsible for ensuring that staff is informed of this policy annually and for overseeing policy compliance within his/her assigned school. Each building principal shall also designate the individuals in the school who shall receive state-mandated training on the use of physical restraint and the individuals who are authorized to use seclusion as a behavioral intervention. Legal Reference: WI State Statutes Sections: Section 115.787(2)(i); Section 115.787(3)(b)1; Section 118.13; Section 118.164; Section 118.305; Section 118.31 Federal Laws: Individuals with Disabilities Education Act (IDEA) Cross Reference: ADOPTED: 8/21/12 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 447.12 Page 1 of 2
Staff Use of Physical Force/Restraint and Seclusion It is the responsibility of school district personnel to assure that students are provided with an appropriate learning environment. The Board recognizes that there may be times when a student will engage in dangerous or disruptive behavior that requires immediate attention. In such cases, school personnel shall avoid the use of (1) any unlawful behavioral intervention; or (2) any reasonable and excessively restrictive intervention. Students shall not be subjected to the use of corporal punishment at any time. Corporal punishment means intentionally inflicting or causing to be inflicted physical pain for the purpose of punishment or as a disciplinary action. It includes, for example, paddling, slapping or prolonged maintenance of physically painful positions. Subject to the limitations identified below regarding the use of restraint and seclusion, a school official, employee or agent may use reasonable and necessary force under the following circumstances:
to quell a disturbance or prevent an act that threatens physical injury to any person;
to obtain possession of a weapon or other dangerous object within a student’s control;
for the purpose of self-defense or the defense of others;
for the protection of property;
to remove a disruptive student from a school premises or motor vehicle or from school-sponsored activities;
to prevent a student from inflicting harm on himself/herself, and;
to protect the safety of others.
A school official, employee or agent may also use incidental, minor or reasonable physical contact designed to maintain order and control. Seclusion and physical restraint, as defined by state law, shall only be used by designated school personnel and only when the student’s behavior presents a clear, present and imminent risk to the physical safety of the student or others and it is the least restrictive intervention feasible. The use of seclusion or restraint as a behavioral intervention shall also be for the shortest time possible and shall be conducted and documented in accordance with applicable legal requirements. Verbal outbursts and threats do not constitute a threat to physical safety unless the student also demonstrates a means to carry out the threat. The purpose for using seclusion or physical restraint as outlined in this paragraph is to defuse a physically dangerous situation, protect the students and others from injury, and regain a safe and productive learning environment. Neither physical restraint nor seclusion should be used as a punishment or as a substitute for appropriate educational/behavioral intervention and support. Only designated staff members who have received required training may physically restrain a student, except that if a trained staff member is not immediately available due to the unforeseen nature of an emergency situation, then a staff member responding to the emergency who has not received training may physically restrain a student in a manner that is otherwise consistent with the requirements set forth in this paragraph. All incidents involving the use of student seclusion under this policy and all incidents involving a significant physical encounter between a student and any District official, employee, or agent (including any incident in which a student is physically restrained by not including the use of any incidental, minor, or other reasonable physical contact that was designed to maintain order and control) shall be reported to the building principal and to the parents or guardians of the student involved. School staff shall be informed of this policy via a reference in the Employee Handbook and through other role-appropriate training and staff development activities as determined by the administration.
SCHOOL DISTRICT OF CUBA CITY
Policy 447.12 Page 2 of 2
Staff Use of Physical Force/Restraint and Seclusion Legal References: Wisconsin Statutes Section 115.787(2)(i) [IEP team duties; use of seclusion or physical restraint] Section 115.787(3)(b)1 [IEP team duties; behavioral interventions and supports] Section 118.13 [student nondiscrimination] Section 118.164 [student removal from class] Section 118.305 [use of seclusion and physical restraint] Section 118.31 [corporate punishment prohibited; staff use of reasonable and necessary authorized; policy required] Cross References: Policy 447.11, Use of Seclusion and Physical Restraint ADOPTED: 5/18/16 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 448 Page 1 of 1
Students of Legal Age When a pupil reaches legal age (18), the school normally will not change the pupil-parent-school relationships expressed heretofore in board policy with regard to rules, regulations, parental permission, records, etc. If a pupil, upon reaching legal age, desires that school authorities henceforth communicate all pertinent correspondence, records, reports, etc., to the pupil, a request must be made to the principal in writing. Students of legal age are subject to the same behavioral, attendance, and other pertinent rules and regulations that apply to minor pupils. Thus, while some procedures may be changed, the mere fact that a student can write an excuse and make other adult decisions will not make an unauthorized absence valid or excuse noncompliance with established rules and regulations. ADOPTED: 2/15/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 450 Page 1 of 10
Health Regulations The parent of a pupil absent from school because of illness is requested to notify the school office on the first morning of such absence. Upon their return, the child is asked to bring a written excuse signed by a parent or guardian and a certificate signed by the health officer if the illness was for three days or more. (Please see Grant County Truancy Policy) When a pupil becomes ill or injured at school, the teacher in charge should give the matter their immediate attention to determine the seriousness of the problem and a course of action. If deems it necessary, the principal and/or school nurse should be notified immediately. Whenever a pupil is ill or injured and there is any doubt whatsoever whether the child should be in school, the parents should be contacted immediately. When a pupil is incapacitated and a parent is unavailable, the nurse or principal should exercise their best judgment. Under any condition, the parents are to be notified as soon as possible. No child is to be sent or taken home unless arrangements have been made with a parent. The State of Wisconsin Medical Examining Board has determined that where medications are administered, the physician prescribing the medication has the power to direct, supervise, decide, inspect and oversee the administration of said medication. In order to ensure that the physicians retain the power to direct, supervise, decide, inspect and oversee the implementation of this service, no medication shall be given to a student by an employee or agent of the Board of Education unless the following are delivered to the individual(s) responsible for administering the medication: 1. Written instructions from the prescribing physician for the administration of the prescribed medication. Such written instructions must be signed by the prescribing physician. 2. A written statement from the prescribing physician which: a. Identifies the specific conditions and circumstances under which contact should be made with the physician concerning the condition or reactions of the pupil to the prescribed medication. b. Indicates a willingness on the part of the physician to accept direct communication(s) from the person(s) administering the medication. 3. A written statement from the parent or guardian of the affected child a. Authorizing school personnel to give the medication in the prescribed dosage, b. Authorizing school personnel to contact the physician directly. See Medication Consent Forms 450 A No medications will be administered by school personnel or its agents unless and until the following forms are completed to the satisfaction of the school Nurse or school Principal and returned to the school Principal with copies to the school nurse. 1. Parental Medical Consent Form (See 450-A p1) 2. Physician Order for Medication Administration Form (See 450-A p 2) Medication to be administered at school must have the following information printed in language understandable to the layperson on the container: 1. 2. 3. 4.
Child’s full name Name of drug and dosage Time and quantity to be given Physician’s name
SCHOOL DISTRICT OF CUBA CITY
Policy 450 Page 2 of 10
Health Regulations Medications will be administered by the school principal or by individuals designated by the principal or the school nurse. Except where an emergency is believed to exist, in no instance shall a medication be dispensed by other than a school employee or agent while the pupil is at school unless specifically approved in writing by the parent/guardian. It is the responsibility of the student, if appropriate, not school personnel, to get their medication at the designated time. Only limited quantities of any medications are to be kept at school. Said medications are to be kept in a safe place not accessible to students and checked out only by a district employee or an agent designated to administer the medication. The length of time for which a medication is to be administered shall be specified in the written instructions from the prescribing physician. Any change in dosage, time to be administered or discontinuance of administration must be in writing, such changes to be at the request of the physician only. All consent forms and related materials must be renewed annually and/or at any time a medication is changed. Accurate and confidential written records shall be established and maintained for each pupil receiving medication. 1. The Principal shall maintain a daily and up-to-date record of pupils in their school requiring medication during school hours. The record shall include the pupil’s name, type of medication, dosage, time to be given, parent’s name and physician’s name, as well as persons designated for administering the medication. 2. Copies of completed consent forms are to be maintained in the office of the school principals. Designated personnel will administer non-prescription (over-the-counter) medications only with parental approval as indicated by written consent on Parental Medical Consent Form. Beyond the policies stated above, all building principals are to establish procedures for reporting accidents and injuries that occur on school premises or during a school-sponsored function. Standard first aid kits are to be available in each attendance center for use in case of emergency. Wisconsin Statutes 118.07. The legislature has enacted a bill regulating smoking and requiring employers to designate smoking areas. (1983 Wisconsin Act 211). Smoking is prohibited in educational facilities, offices, and any enclosed, indoor area of a state, county, city, village or town building unless the area has been designated for smoking. As of September 1, 1990, smoking is prohibited, by law, on all school premises.
SCHOOL DISTRICT OF CUBA CITY
Policy 450 Page 3 of 10
Health Regulations COMMUNICABLE DISEASES POLICY It is the policy of the School District of Cuba City, pursuant to federal, state, and local laws and regulations, and in cooperation with state and local public health agencies, to establish and maintain appropriate health standards for the school environment, to promote the good health of students and staff, and to educate students and staff in disease prevention methods and sound health practices. In an effort to maintain a safe and healthful school environment, the district will provide educational opportunities to staff regarding measures that can be taken to reduce the risk of contracting or transmitting communicable diseases (including HIV infection) at school and in school-related activities. In recognition that an individual’s health status is personal and private, the district will handle information regarding students and staff with suspected or confirmed communicable diseases in accord with state and federal law and board of education policies regarding the confidentiality of student and staff records, while at the same time complying with applicable public health reporting requirements. Students and staff may be excluded from school and/or school-related activities if they are suspected of or diagnosed as having a communicable disease as defined in the administrative interpretation that poses a significant health risk to others or that renders them unable adequately to perform their jobs or pursue their studies. Students and staff excluded from school pursuant to this policy may appeal their exclusion as set forth in the administrative procedure. ADMINISTRATIVE PROCEDURE 1. Educational and Preventive Measures a. The District will ensure that all examinations/inoculations required of students and staff have been obtained. b. The nurse serving the school shall be responsible for the appropriate maintenance of a health station in each school building. The nurse shall ensure that a list of communicable diseases as defined by the Department of Health and Social Services [Exhibit A] is posted in the health station and that information regarding the suppression and control of communicable diseases is available for review by interested students and staff. c. Information regarding suppression and control of communicable diseases will be included as a regular part of the curriculum for students. d. Information regarding suppression and control of communicable diseases will be included in orientation sessions for new staff and will be used periodically in training programs for existing staff. e. Standard procedures as set forth in the current edition of Control of Communicable Diseases to Man to prevent the spread of communicable diseases transmitted by air (such as tuberculosis, chicken pox, measles, mumps and rubella) or by exchange of body fluids (such as hepatitis A and B, rotavirus, cytomegalovirus, salmonella, staphylococcus aureus, and AIDS) and the spread of other conditions (such as pediculosis, scabies, and body lice) will be followed by all staff in the performance of their duties. f. First-aid kits and other supplies and equipment appropriate to reducing the risk of transmission of communicable diseases in the school environments, as determined by the nurse serving the school in cooperation with local public health officials, will be provided in each school building.
SCHOOL DISTRICT OF CUBA CITY
Policy 450 Page 4 of 10
Health Regulations 2. Confidentiality/Reporting a. The principal shall function as the district’s liaison with students and staff, parents and physicians, public health officials and the community at large concerning communicable disease issues in the school. b. Any person who knows or suspects that a students or staff member has a communicable disease shall report the facts to the principal. c. The principal will confer with the nurse serving the school and, to the extent circumstances warrant and permit, with the subject of the report and, for students’ subjects, the student’s parent and guardian. d. If required pursuant to public health statutes and regulations, the principal will make a report to the local public health officer. e. The district will maintain the confidentiality of the health records of students and staff, and will not disclose any such records except to the extent required or permitted by law and essential to the safe conduct of the district’s operations. 3. Exclusion From School a. Students a. Students who are suspected of having a communicable disease that could be detrimental to the health of self or others in the school environment may be sent home for diagnosis and treatment. Students who are diagnosed as having a communicable disease that renders them unable to pursue their studies or poses a significant risk of transmission to others in the school environment shall be excused from school attendance until their presence no longer poses a threat to the health of themselves or others. b. The determination as to whether and under what circumstances a student may be sent home for diagnosis and treatment or excused from school attendance shall be made by the principal, in consultation with the nurse serving the school and, where appropriate, with local public health officials. c. The principal may refer this determination to the health care team. If the disease in question appears to require a lengthy period of exclusion or to pose a serious health threat to the student or others (tuberculosis, hepatitis B, and HIV infection, for example), the principal should ordinarily refer the determination to the health care team unless referral to the IEP is warranted. d. For students with previously identified exceptional educational need or whose communicable disease may give rise to exceptional educational need, the principal, in consultation with the District’s director of special education, may refer this determination to the IEP. The normal membership of the IEP making any such determination should be supplemented to the extent possible by the student’s physician and parent or guardian, the local public health officer, and the principal and nurse serving the school. e. Before making a determination that a student should be sent home for diagnosis and treatment or excused from school attendance, the principal, health care team, or IEP reviewing the case shall, to the extent circumstances warrant and permit, inform the student and the student’s parent or guardian of the reasons for the contemplated action and shall consider any information the student and/or the student’s parent or guardian may choose to offer regarding the student’s condition. If a student is sent home or excused from school attendance pursuant to this procedure, the principal shall immediately notify the student’s parent or guardian of the action and the reasons thereof.
SCHOOL DISTRICT OF CUBA CITY
Policy 450 Page 5 of 10
Health Regulations f. g.
h.
b. 1.
Alternative educational opportunities will be arranged for students who must be excused from school attendance for a significant period of time. The principal, in consultation with the nurse serving the school and, where appropriate, with local health officials, shall determine when a student who has been excused from school attendance, may be readmitted. As a continued or renewed attendance, the district may require a statement from a student’s physician that a student is in suitable condition to attend school. Appeals F. A parent or guardian of a minor student or an adult student who disputes the determination or action of the principal, health care team, or IEP concerning exclusion of a student from school attendance pursuant to this procedure may appeal such determination or action by bringing or sending a complaint to the superintendent. G. A complaint must be made in writing, signed by the complainant, and submitted with ten (10) consecutive school days of the disputed determination or action and must contain: a) a statement of the facts, b) a statement of the relief requested, and c) any necessary medical information. H. The superintendent shall confer with the complainant within ten (10) consecutive school days of receipt of the complaint to verify the nature of the complaint and to explain the procedure that will be followed to resolve the complaint. I. Complaints involving the identification, evaluation, educational placement, or provision of a free appropriate public education of a student with exceptional educational need will be resolved through the procedures contained in the district’s special education handbook. J. Complaints involving pupil discrimination on the bases of handicap or of physical, mental, emotional, or learning disability will be resolved through the procedures established by the district to comply with 118.13 of the Wisconsin Statutes, Wisconsin Administrative Code PI 9.04, and 504 of the federal Rehabilitation Act of 1973. K. The superintendent will resolve other complaints. The superintendent will confer with the parties involved and will render a written decision within ten (10) consecutive school days of their receipt of the complaint. A complainant who remains unsatisfied with the superintendent’s decision may appeal to the board of education. This appeal must be made in writing, signed by complainant, and submitted to the president of the board of education within ten (10) consecutive days of the superintendent’s decision and must state the reasons for disagreement with that decision. The board of education will afford the complainant a hearing, upon request, and will render a written decision within ten (10) consecutive school days of receipt of the appeal or (if hearing is held) conclusion of the hearing. L. Except to the extent prohibited by law, a student may be excluded from school during the pendency of any appeal hereunder. Health Care Team The health care team will consist of the principal, the nurse serving the school, the local public health officer, and – to the extent the cooperation of such individuals can be obtained – the student and/or student’s parent or guardian, and the student’s physician. The team will confer, as necessary, with the district’s medical consultant and legal counsel and with state public health officials.
SCHOOL DISTRICT OF CUBA CITY
Policy 450 Page 6 of 10
Health Regulations 2. The health care team will convene at the request of the principal to determine whether and under what circumstances a student may be sent home for diagnosis and treatment or excused from school attendance. The health care team may also receive referrals for the purpose of formulating recommendations regarding educational program modification short of exclusion that could permit the student to attend school without posing a significant threat to the health of self or others. 3. The health status of a student temporarily removed from the usual school setting to protect the health of self or others will be reevaluated by the health care team at regular intervals. 4. The health care team may provide information to the superintendent and board of education to the extent permitted in light of confidentiality requirements. c. Staff 1. If there is a reasonable cause to believe that a staff member has a communicable disease that could be detrimental to the health of self or others in the school environment, the District reserves the right, in consultation with the nurse serving the school and in accord with existing Board policies and/or collective bargaining agreement provisions, to require a medical examination of the staff member at district expense and a physician’s statement indicating whether the staff member is in suitable condition to continue working. 2. Staff who are diagnosed as having a communicable disease that poses a significant risk of transmission to others in the school environment or that renders them unable adequately to perform their duties shall be excused from work. 3. The determination as to whether and under what circumstances a staff member’s communicable disease poses a significant health risk to others in the school environment or makes adequate performance impossible shall be made by the superintendent (or designee), in consultation with the local nurse serving the school and, where appropriate, with local public health officials. 4. Before making a determination that a staff member should be excused from work, the superintendent shall inform the staff member of the reasons for the contemplated action and shall consider any information the staff member may choose to offer regarding their condition. The superintendent shall also consider whether a reasonable accommodation could eliminate the health risk to the staff member or others and/or permit adequate performance. 5. The superintendent shall provide written notice to any staff member excused from work pursuant to this procedure. Staff so excused may utilize any applicable alternative employment opportunities provided under existing board policies and/or collective bargaining agreement provisions – which may include sick leave, unpaid leave of absence, or reassignment – but are not guaranteed continued or renewed employment except to the extent provided under such policies or provisions. 6. Staff whose employment is terminated because of a communicable disease may receive such post-employment benefits as are provided pursuant to existing board policies, collective bargaining agreement provisions, and state and federal law. 7. Appeals A. Staff excused from work pursuant to this procedure and subject to a collective bargaining agreement may appeal the superintendent’s determination or action according to the grievance procedure set forth in the collective bargaining agreement. B. Staff excused from work pursuant to this procedure and not subject to a collective bargaining agreement may appeal the superintendent’s determination or action according to the procedure set forth in paragraph 3.a.8. B and F, above. C. Except to the extent prohibited by law or by board policies or collective bargaining agreement provisions, a staff member may be excused from work during the pendency of any appeal hereunder.
SCHOOL DISTRICT OF CUBA CITY
Policy 450 Page 7 of 10
Health Regulations 4. HIV Infection/AIDS a. General 2. In addition to maintaining normal confidentiality regarding health records of students and staff, the District will not disclose the results of a test for the presence of an antibody to HIV except as expressly authorized by the test subject or by law. 3. Except as authorized by the affected staff member or student and/or student’s parent or guardian, knowledge that a student or staff member is HIV-infected will be disclosed only to those persons with a direct need to know. 4. Health records of students and staff concerning HIV infections will be kept separate from the remainder of the affected individuals’ records and will be disclosed only to the extent required or permitted by law. b. Students 2. As a general rule, students suspected of or diagnosed as being HIV-infected will be allowed to attend school in their regular classroom setting and should be considered eligible for all rights, privileges, and services provided by law and District policy. 3. Decisions regarding the type of educational setting appropriate for suspected or diagnosed HIV-infected students will be made on an individual basis and will be based, whenever possible, on an objective assessment by the health care team or IEP of the behavior, neurological development, and physical condition of each affected student and of that student’s expected type of interaction with others in that setting. 4. If it is determined that an HIV-infected student endangers the health of students or staff or poses a risk of significantly exposing students or staff to HIV – for example, if the student lacks toilet training, has open sores that cannot be covered, or demonstrates behavior such as biting that could result in direct inoculation of potentially infected body fluids into the bloodstream of another – the student may be placed in a more restricted setting. If homebound instruction is necessary, the homebound tutor will be advised regarding the standard procedures to be followed to prevent transmission of communicable diseases through exchange of body fluids. 5. HIV-infected students may be immunodeficient and their health may therefore be threatened when other communicable diseases are present in the school environment. For each student known to be infected, the nurse serving the school will notify the student and/or the student’s parent or guardian when such communicable diseases occur in the school, students who may be exposed to a significant health risk because of their own immunodeficiencies may be excused from school attendance by the principal, upon request, until such time as the risk has abated. c. Staff 1. The District will not solicit or require a test for the presence of an antibody to HIV as a condition of employment and will not affect the terms, conditions, or privileges or employment of any staff member obtained such a test. 2. HIV-infected staff may be immunodeficient and their health may therefore be threatened when other communicable diseases are present in the school environment. The nurse serving the school will notify each staff member known to be HIV-infected when such communicable diseases occur in the school. Upon recommendation of the nurse, staff who may be exposed to a significant health risk because of their own immunodeficiencies may be excused from performance of their regular duties by the superintendent, upon request, until such time as the risk has abated. During this period, at the discretion of the district, staff so excused may be reassigned to other duties to the extent permitted by Board policies and/or collective bargaining agreement provisions. Staff not reassigned may utilize any applicable alternative employment opportunities provided under board policies and/or collective bargaining agreement provisions.
SCHOOL DISTRICT OF CUBA CITY
Policy 450 Page 8 of 10
Health Regulations Guidelines for Handling Body Fluids in Schools Recent concern about where children with Blood-Borne Pathogens should be educated has raised several questions regarding exposure of teachers and children to potentially infectious body fluids from children with communicable diseases in the school setting. 1. 2. 3. 4.
Does contact with body fluids present a risk of infection? What should be done to avoid contact with potentially infected body fluids? What should be done if direct contact with body fluids is made? How should such fluids when spilled be removed from the environment?
The following guidelines are meant to provide simple and effective precautions against transmission of disease for all persons potentially exposed to the blood or body fluids of any student. No distinction is made between body fluids from students with a known disease or those from students without symptoms or with an undiagnosed disease. Does contact with body fluids present a risk? The body fluids of all persons should be considered to contain potentially infectious agents (bacteria and viruses). The term “body fluids” includes: blood; semen; drainage from scrapes, cuts, and open lesions; feces; urine; vomitus; respiratory secretions (for example, nasal discharge); and saliva. Contact with body fluids presents a risk of infection with a variety of infectious agents. In general, however, the risk is very low and dependent on a variety of factors including the type of fluid with which contact is made and the type of contact made. Treat all body fluids as potentially contagious; to minimize risk, use standard precautions. Universal precautions will be used in order to prevent contact with blood or other potentially infectious materials (OPIM). All blood or other potentially contaminated body fluids will be considered to be infectious. Under circumstances in which differentiation among body fluid types is difficult or impossible, all body fluid types is difficult or impossible, all body fluids will be considered potentially infectious materials. What should be done to avoid contact with body fluids? When possible, direct skin contact with body fluids should be avoided. Disposable gloves should be available in the office of the custodian, nurse, or principal and classrooms. Gloves are needed when there is potential for bodily fluids. If any contact is made with body fluids, hands should be washed afterwards. Gloves used for this purpose should be put in a plastic bag or lined trash can, secured, and disposed of daily.
SCHOOL DISTRICT OF CUBA CITY
Policy 450 Page 9 of 10
Health Regulations What should be done if direct skin contact occurs? In many instances, unanticipated skin contact with body fluids may occur in situations where gloves may be immediately unavailable (for example, when wiping a runny nose, applying pressure to a bleeding injury, helping a child in the bathroom). In these instances, hands and other affected skin areas of all exposed persons should be routinely washed with soap and water after direct contact has ceased. Clothing and other nondisposable items (for example, towels used to wipe up body fluid) that are soaked through with body fluids should be rinsed and placed in plastic bags. If presoaking is required to remove stains, use gloves to rinse or soak the item in cold water prior to bagging. Clothing should be sent home for washing, with appropriate directions to parents. Contaminated disposable items (for example, tissues, paper towels, diapers) should be handled with disposable gloves. How should spilled body fluids be removed from the environment? Schools need to have standard procedures in place for removing body fluids. These procedures should be reviewed to determine whether appropriate cleaning and disinfections steps have been included. Many school stock sanitary and absorbent agents specifically intended for cleaning body fluids spills (e.g., ZGOOP, Parsen Mfg. Co., Philadelphia, PA). Disposable gloves should be worn when using these agents. The dry material is applied to the area, left for a few minutes to absorb the fluid, and then vacuumed or swept up. The vacuum bags or sweepings should be disposed of in a plastic bag. While the broom and dust pan should be rinsed in a disinfectant, no special handling is required for vacuuming equipment. Hand washing procedures Proper hand washing requires the use of soap and water and vigorous washing under a stream of running water. Soap suspends easily removable soil and microorganisms, allowing them to be washed off. Rinse under running water to carry away dirt and debris. Use paper towels to thoroughly dry hands. Disinfectants An intermediate-level disinfectant should be used to clean surfaces contaminated with body fluids. Such disinfectants will kill vegetative bacteria, fungi, tubercle bacillus, and viruses. The disinfectant should be registered by the U.S. Environmental Protection Agency (EPA) for use as a disinfectant in medical facilities and hospitals. Various classes of disinfectants are listed below. Hypochlorite solution (bleach) is preferred for objects that may be put in the mouth. 1. Ethyl or isopropyl alcohol (70 percent). 2. Phenolic germicidal detergent in a 1 percent aqueous solution (Lysol*). 3. Sodium hypochlorite with at least 100 ppm available chlorine (1/2 cup household bleach in 1 gallon water, needs to be freshly prepared each time it is used). 4. Hydrogen peroxide (3 percent solution). 5. Quaternary ammonium germicidal detergent in 2 percent aqueous solution (Tri-quat*, Mytar*, or Sate*). 6. Iodophor germicidal detergent with 500 ppm available iodine (Wescodyne*). 7. Heat (130 degrees F. for 10 minutes).
SCHOOL DISTRICT OF CUBA CITY
Policy 450 Page 10 of 10
Health Regulations Disinfection of hard surfaces and care of equipment After removing the body fluid spill, a disinfectant is applied. Mops should be soaked in the disinfectant after use and rinsed thoroughly or washed in a hot water cycle before rinse. Disposable cleaning equipment and water should be placed in a toilet or plastic bag as appropriate. Non-disposable cleaning equipment (dust pans, buckets) should be thoroughly rinsed in the disinfectant. The disinfectant solution should be promptly disposed down a drain. Remove gloves and discard in appropriate receptacles. Disinfection of rugs Apply sanitary absorbent agent, let dry, and vacuum. If necessary, mechanically remove with dust pan and broom, then apply rug shampoo (a germicidal detergent) with a brush and vacuum. Rinse dust pan and broom in disinfectant. Wash brush with soap and water. Dispose of non-reusable cleaning equipment as noted above. Laundry instructions for clothing soiled with body fluids The most important factor in laundering clothing contaminated in the school setting is eliminating potentially infectious agents with soap and water. Adding bleach will further reduce the number of potentially infectious agents. Clothing soaked with body fluids should be washed separately from other items. Presoaking may be required for heavily soiled clothing. Otherwise, wash and dry as usual. If the material is bleachable, add ½ cup household bleach to the wash cycle. If material is not colorfast, add ½ cup non-colorfast, add ½ cup nonclorox bleach (Clorox II*, Borateem*) to the wash cycle. *Brand names are used only as example of each type of germicidal solution and should not be considered of a specified product. ADOPTED: 2/15/05 AMENDED: 3/18/08 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 450 A-1 Page 1 of 1
Health Regulations
PARENT/GUARDIAN MEDICATION CONSENT FORM (Please type or print) Full name of child to be medicated _______________________________________________________ Name of drug and dosage _______________________________________________________________ Hour(s) medication to be given _______________________ Number of days ___________________ Name of physician prescribing medication _____________________ Phone ____________________ Reason for medication _________________________________________________________________ Name of person(s) who will be giving medication during school hours _________________________ _____________________________________________________________________________________ (To be filled out by school principal or nurse) I hereby give permission to the above named persons to give the medication(s) to my child according to the directions stated above and further authorize them to contact the child's physician. I agree to hold the School District of Cuba City, its employees and agents who are acting within the scope of their duties harmless in any and all claims arising from the administration of this medication at school. I agree to notify the school in writing at the termination of this request or when any change in the above order is necessary. __________________________________________________ Signature of Parent/Legal Guardian
______________________________ Date
____________________________________________________________________________________ Address NOTE Before a medication(s) will be administered by the school or an agent thereof, a PHYSICIAN ORDER FOR MEDICATION ADMINISTRATION form shall be completed and returned to the school principal or school nurse. This completed form shall be accompanied by the PARENT/GUARDIAN MEDICATION CONSENT form. This form (Parent/Guardian Medication Consent) must also be completed for the administration of non-prescription (over-the-counter) medications.
SCHOOL DISTRICT OF CUBA CITY
Policy 450 A-2 Page 1 of 1
Health Regulations
PHYSICIAN'S ORDER FOR MEDICATION ADMINISTRATION Date Order Effective: _______________
To: _______________
Dear___________________________________: Names of Designees Name of Student __________________________________________ Phone ______________________ Address ______________________________________________________________________________ School _____________________________________________________ Grade ___________________ Physician's Name _________________________________________ Phone ______________________ Physician's Address _____________________________________________________________________ Diagnosis _____________________________________________________________________________ ______________________________________________________________________________________ Medication/dose/route/frequency/duration ______________________________________________ Medication/dose/route/frequency/duration ______________________________________________ Check one: Short-term ______ Long-term ______ PRN (as the situation demands) Medications _____________________________________________ Medication/dose/route/frequency/duration _____________________________________________ Medication/dose/route/frequency/duration _____________________________________________ If a PRN medication, state conditions under which medication is to be given: _____________________________________________________________________________________ _____________________________________________________________________________________ Check one:
Short-term _______
Long-term _______
State the specific conditions under which contact should be made with you in relation to the condition or reactions of the student receiving the medication: __________________________________________________________________________________ __________________________________________________________________________________ Your signature on this document attests to your willingness and intent to direct, supervise, decide, inspect, and oversee the administration of the medication by the non-medically trained designees specified on this form, and that you will accept direct communications from them regarding the administration of the medication. We urge that all instructions be stated in language of the lay person. ____________________________________________ Physician's Signature
____________________________ Date
SCHOOL DISTRICT OF CUBA CITY
Policy 453.5 Page 1 of 4
Managing Students with Life Threatening Allergies
Parent/Guardian (and health care provider) Responsibility Inform the principal, Grant County nurse, the Cuba City School District director of food service and the transportation company in writing of your child’s allergies prior to school (preferably at or before registration or before the student returns to school following a new diagnosis) by: 1. Providing medication(s) and medication orders with signatures from parent/guardian and your child’s health care provider by the start of school, annually, or if changes are made thereafter. Cuba City School District policies regarding the administration of medication to students must be followed. For example: provide properly labeled medications and replace medications after use or upon expiration (these policies can be found at www.cubacity.us) 2. Providing an Emergency/Food Allergy Action Plan for your child that includes documentation, instructions and medications as directed by the physician. These forms are available in the school offices and at www.cubacity.us. Provide on-going education to your child in the self-management of their allergy including: Safe and unsafe foods Strategies for avoiding exposure to unsafe foods/the offending allergen including to never share food/drinks Symptoms of allergic reactions How and when to tell a teacher or other supervising adult they may be having an allergy-related problem How to check food labels (age appropriate) How and when to use/store the Epi-pen and call EMS (if able and when age appropriate) Provide a medic-alert bracelet for your child (optional if appropriate for your child). Introduce your child to the bus driver if appropriate and explain the allergy prior to riding the bus. Notify your child’s after school activity advisor/coach of your child’s allergy and provide medication and your child’s Emergency/Food Allergy Action plan. If your child will be keeping an Epi-pen with them such as in a backpack or purse or on their person, notify all supervising adults in writing of its location and also provide a back-up in the school office. Epi-pens should not be kept in cars, or other non-accessible locations. Students may keep an Epi-pen/and Benadryl in their backpack and or in the classroom under the supervision of staff such as bus drivers and teachers. Medication in the classroom will be kept in a secure location that is not accessible to other children (but not locked!). These students who have an Epi-pen in their backpack on the bus will keep the backpack next to the bus driver during the bus ride and will sit in or near the front seat of the bus. If your child is allergic to peanut/nut or other allergen, advise them to sit at the designated “peanut/nut or other allergen-free” table in the school cafeteria or other area with their friends who do not have peanuts/nuts or other allergen in their lunches unless it is indicated in the student’s Emergency/Food Allergy Action Plan that this is not required and the parent/guardian and/or physician agrees to this in writing. Staff planning field trips must make a concerted effort to ensure that these trips are safe for students with lifethreatening allergies. Contact the site in advance and explain the situation so that projects/activities, snacks, etc. are safe.
SCHOOL DISTRICT OF CUBA CITY
Policy 453.5 Page 2 of 4
Managing Students with Life Threatening Allergies Provide a peanut/nut-free table or area (or other allergen-free, if deemed necessary) for allergic students to eat. The lunchroom supervisors (under direction from their supervisor) will designate and maintain this table daily. The same table will be designated each day. The designated table will be cleaned with separate cleaning supplies that are not used to clean other tables. Any student who does not have peanut/nut or other allergen products may be allowed to sit at this table. (At the elementary school, all school food service hot lunches are peanut/nut free. Therefore, any elementary student eating a hot lunch may sit at the peanut/nut or other allergen-free table.) An elementary school student who has a lunch brought from home may be allowed to sit at the peanut/nut or other allergen-free table if the lunch is inspected by a lunchroom supervisor to ensure no peanut/nut or other allergen products are in it. Work with the district director of food service to maintain cafeteria clean up and food preparation practices that eliminate or minimize the potential for cross contamination of potential food allergens. The director will provide training to school food service staff. School hot lunch menus will indicate foods that may contain peanut, nut, pork and eggs or other allergen. PBJ (peanut butter and jelly) grab-n-go sandwiches are available as an option. PBJ grab-n-go sandwiches are prepackaged (“Uncrustables”) to prevent cross contamination in the cafeterias. If classroom or sports/activity teams have someone known to have a peanut/nut allergy or other allergen, than lunches provided by school food service for field trips/bus trips will not contain peanut/nut or other allergen products. Teachers, coaches or the activity advisor of the allergic student should plan ahead with the director of food service to provide peanut/nut or other allergen-free options for the trip. Also, they should remind parents before each trip that lunches/snacks with peanuts/nuts or other allergens are not allowed on field trips or other team/activity bus trips. Students will be encouraged to wash their hands after snacks and lunch or after using materials that may contain peanuts/nuts or other allergens. Hand sanitizer is not an effective way to disinfect hands for peanuts/nuts or other allergens. Classroom tables or desks should be washed after consumption or use of any allergen product especially if the area may be used by a peanut/nut or other allergen-allergic person. Implement latex precautions including: Use only latex-free gloves in any area of the school including offices, food service, custodial and special education Latex-free first aid materials available (such as band aids, tape) for persons with an identified allergy to NRL (natural rubber latex) Permit only Mylar balloons in school buildings (no latex balloons) Use alternative latex-free supplies in science, PE, music and art projects FOOD at school: If your child is allergic to peanuts/tree nuts or other allergen, the peanut/nut or other allergen-free classroom guidelines will be implemented in your child’s classroom. Discuss Guidelines for a Peanut/Nut or Other Allergen-Free Classroom. Provide a container/supply of safe snacks for your child Preview your child’s classroom supply of snacks and label OK for your child to eat. Your child will not be allowed to have home-baked or foods without a label unless you give the teacher prior approval. Your child may choose an alternative snack from their container of safe snacks. (School staff will not be responsible for determining safe ingredients for your child at snack times. Except as stated in the peanut/nut or other allergen-free classroom guidelines.) Preview the monthly lunch menu to determine safe ingredients for your child at lunchtime.
SCHOOL DISTRICT OF CUBA CITY
Policy 453.5 Page 3 of 4
Managing Students with Life Threatening Allergies
Student’s Responsibility Should not trade food with others Should not eat anything with unknown ingredients or known to contain the offending allergen(s) Should notify an adult immediately if they eat something they believe may contain the food to which they are allergic Should be proactive in the management of their allergies based on their developmental level Are expected to act responsibly with any medication they are keeping with them including not sharing the medication with others, and keeping the medication in the designated place
School’s Responsibility Review the health records submitted by the parents/physicians. The Grant County nurse will use this information to develop an individual health care plan which will include an emergency action plan (including student’s picture provided by parent/guardian) before the start of school. Provide the written health care plan to all staff that interacts with the student on a regular basis. The plan will include the usual symptoms of a reaction to watch for and steps to take in case of a reaction. All staff that may have interaction with the student is expected to adhere to the plan and the district’s LTA policies/guidelines. Arrange for the Grant County nurse (RN) to provide training to designated school personnel on the administration of an Epi-pen in accordance with State Nursing and Good Samaritan laws governing the administration of emergency medications as well as the Cuba City School District’s medication policies. Arrange for the Grant County nurse (RN or LPN) to provide additional in-service to school personnel and students about life-threatening allergies. Work with the district transportation company to provide awareness to bus drivers of students with lifethreatening allergies, the possible symptoms of a reaction and the emergency action plan for the bus. Enforce a “no eating” policy on daily school bus trips to and from school/home with the exception to accommodate other students with special health needs who may need fast-acting sugar/carbohydrates to prevent a low blood sugar emergency. Fast-acting sugar/carbohydrates should be peanut/nut or other allergen free if possible. Strive to provide a peanut/nut or other allergen-free classroom where students who have peanut/nut or other allergies have their classes. Review closely and modify lesson plans so that the student’s offending allergen is not part of the lesson or project (i.e., use Skittles math instead of M & M’s math). This will require additional teacher planning so that all allergic students can be included safely and comfortably in all classroom projects.
SCHOOL DISTRICT OF CUBA CITY
Policy 453.5 Page 4 of 4
Managing Students with Life Threatening Allergies GUIDELINES FOR A PEANUT/NUT OR OTHER ALLERGEN-FREE CLASSROOM 1. All food eaten in a peanut/nut or other allergen-free classroom should not contain peanuts/nuts or other allergens. 2. The classroom teacher will send a letter home to all parents in the classroom explaining the rules of a peanut/nut or other allergen-free classroom before the start of school as well as reminder letters at various times of the year when treats are likely to be brought to school such as: holidays, Halloween, Valentine’s Day, classroom parties and field trips. 3. Any food brought into the classroom must have a complete ingredient label, or it will not be served to any students in the classroom. Home-baked or bakery bought foods will not be allowed due to the potential for cross contamination. 4. Daily snacks: Parents will provide labeled snacks for all students to share once a week or at the teacher’s request. Parents of a student with peanut/nut or other allergy may provide and maintain a list of safe snacks and will check the classroom snack labels once a week and mark OK on the package if it does not contain peanut/nut or other allergen products. The list of safe snacks provided by the parents of the peanut/nut or other allergen student will be shared with the parents of students in the classroom. 5. Unplanned, special occasion snacks are discouraged. If this happens, the food must have an ingredient label, must not be home-baked, or bakery bought and the label must be checked and OK’d by the Grant County nurse, principal or parent of a student with the peanut/nut or other allergen. The staff member or Grant County nurse may choose to contact the parent allergic child and read the ingredients label. If this is not possible then the food will not be served to any students. 6. Bird and animal food is also not allowed in the classroom as it may contain peanut/nut or other allergen products. 7. Lessons/projects should be planned and modified so that peanut/nut or other allergen products are not a part of the project. This includes foods that may contain peanut/nut such as plain M & M’s. 8. A Peanut/Nut or Other Allergen-Free Classroom poster should be posted in the classroom (preferably near the entrance) and should include a list of these guidelines. 9. Students in this classroom should wash their hands with soap and water upon the return from lunch/lunch recess. This will be made part of the daily routine. ADOPTED: 11/20/12 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 453.5 A Page 1 of 1
Managing Students with Life Threatening Allergies EMERGENCY PLAN FOR STUDENTS WITH SEVERE ALLERGIC REACTIONS Student’s Name __________________________________________ Grade _________ School Year _________ Parent/Guardian _____________________________________________________________________________ Home # ______________________________ Work # _______________________________________________ Physician _____________________________________________ Phone # ______________________________ Family member or friend aware of child’s condition: Name ____________________________________________________ Phone # __________________________ My child is at risk for a life-threatening allergic reaction: ______ yes ______ no My child has an allergic reaction to: Bees
Latex
Food (please specify) __________________________________________________
Other _______________________________________________________________________________________ Please check circumstances which reaction could occur: _____ skin contact
_____ ingestion (eating allergen)
_____ inhalation (breathing allergen)
My child’s allergy was identified through allergy testing: _____ yes _____ no (Doctor’s assessment and recommendations must be attached)
My child had the following symptoms during the reaction: (circle all that apply) red, watery eyes runny nose
tightening of throat
hives
dizziness
shortness of breath
coughing
swelling
nausea/vomiting
other _________________________________________________________
If an allergic reaction would occur at school, personnel will administer first aid (remove stinger, apply ice, observe for 15 minutes and record side effects). You will be notified of the incident immediately. Please indicate which further treatment a health care provider is recommending for your child:
______ Administer medication – name and dosage _________________________________________________ ______ Call 911 immediately Please note that 911 will be called if an Epi-pen is given or if your child is demonstrating symptoms of a systemic allergic reaction. I hereby give permission for designated school staff to give this medication to my child according to the directions stated above and for the school personnel to contact my child’s physician if necessary. I further agree to hold harmless the School District of Cuba City and its Board of Education, administration, and all employees and agents who are acting within the scope of their duties harmless in any and all claims arising from the administration of this medication at school. I agree to notify the school in writing at the termination of this request or when any change in the above order is necessary.
Parent Signature __________________________________________________ Date ______________________ Physician Signature _______________________________________________ Date ______________________
SCHOOL DISTRICT OF CUBA CITY
Policy 455.1 Page 1 of 1
Pupil Welfare Pupil assessments with regard to fees, organization dues, rentals, field trips, etc., shall require the express approval of the administration. The board of education reserves the right to review all practices or procedures including the collection, bookkeeping, and controlling of these assessments and monies. It is the policy of this board to keep the personal expenses of pupils at a minimum. Approved lab and rental fees may be assessed in certain classes when appropriate, but no charges or fees may be made as a prerequisite to enrolling in a class. Pupils may not be released from school nor leave the school grounds during regular school hours except where parents have given written permission or have personally given approval to the principal. ADOPTED: 2/15/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 460 Page 1 of 1
Student Awards and Scholarships Students in the District shall be informed annually of available scholarships and awards. Literature concerning available scholarships and awards shall be available through the guidance office and/or posted in the appropriate school building. The District will select nominees and alternates for the Wisconsin Academic Excellence Higher Education Scholarship and the Wisconsin Technical Excellence Higher Education Scholarship in accordance with established procedures for those awards. The District shall not unlawfully discriminate in the acceptance or administration of awards, scholarships, or other aids, benefits, or services to students – including those from private agencies, organizations, or persons – on the basis of sex, race, religion, national origin, ancestry, creed, color, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability. Discrimination complaints shall be processed in accordance with established procedures. Accordingly, any scholarship or award granted by, administered by, or advertised/promoted by the District shall be in compliance with the above-stated policy of nondiscrimination. Legal References: Wisconsin Statutes Section 39.41 Section 39.415 Section 118.13
[Wisconsin academic excellence higher education scholarship] [technical education higher education scholarship] [student nondiscrimination]
Wisconsin Administrative Code PI 9.03(1)(d) HEA 9
[policy requirement to address nondiscrimination in relationship to scholarships, awards and other benefits for students] [Wisconsin academic excellence scholarship rules]
Federal Law Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and related civil rights laws Cross References: Policies 401, 461, 462, 472 ADOPTED: 7/20/16 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 461 Page 1 of 1
Academic Excellence Scholarship In order to be considered eligible for any of the scholarships offered through Cuba City High School’s Scholarship program a student must be presently or have been a full-time student carrying a 3 or 3¼ credit load at Cuba City High School for two or more semesters. Academic Excellence Scholarship The Cuba City High School Academic Excellence Scholarship recipients shall be determined by: 1. 2. 3. 4. 5. 6.
Attendance at CCHS: Students must have been enrolled at CCHS for three consecutive semesters before determination of Academic Excellence Scholar is made. College plans: Student must be planning to attend a college in Wisconsin. The Academic Excellence Scholar will notify the counselor of their intent to attend a Wisconsin institution of higher learning by February 1 of the senior year. Grade Point Average after seven semesters. ACT score (the first test date score will be used) Total credits earned (after seven semesters) Department heads will make recommendation to board of education using the following criteria: difficulty of curriculum, extra-curricular and leadership activities.
If step 6 has to be utilized in the selection process, the procedure followed and the results will be submitted to the board of education for final approval. The board of education retains the authority to make the final decision. ADOPTED: 2/15/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 462 Page 1 of 1
Wisconsin Technical Excellence Scholarship (TES)
The Technical Excellence Scholarships (TES) are to be awarded by the State of Wisconsin to Wisconsin high school seniors who have demonstrated the highest levels of proficiency in technical education subjects. These scholarships are for $2,250 per year, renewable for up to three years, and are only for use at a school within the Wisconsin Technical College System (WTCS). Students wishing to be considered for the TES must meet the eligibility criteria set by the Wisconsin Higher Educational Aids Board (HEAB) and the Career and Technical Education (CTE) Department of the Cuba City School District. In order to be eligible for the TES scholarship, a student must exhibit interest in a CTE program and plan to pursue a related technical college degree. Students must complete an application and will be assessed on the following criteria: Required: Must complete at least three (3) high school courses in a specific CTE program area, earning a B- or above, and plan to pursue a degree in a related field. Optional: 1. Completed (or be on track to complete) in a Youth Apprenticeship Program or State Skilled Co-op under the supervision of the Wisconsin Department of Workforce Development (DWD) earning a B- or above. 2. Belong in a Career and Technical Student Organization (CTSO): FCCLA, FFA and participate in at least three activities per year. 3. Completed (or be on track to complete) a technical training program for high school students if the program is offered by a UW System school, a Wisconsin Technical College System school (for example: CNA certification). Tiebreaker: Cumulative GPA in CTE classes of desired program at the time of selection. ADOPTED: 12/17/14 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 470 Page 1 of 1
Food Services The School District of Cuba City does not discriminate in the food service program against pupils on the basis of sex, race, national origin, religion, color, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical mental, emotional, or learning disability or handicap in its education programs or activities. It shall be the policy of this district to provide an ample and nutritious Class A hot lunch program and a special milk program for all students at a reasonable price. Free lunches, milk and/or lunches at less than the regular price shall be provided for children who qualify. The superintendent shall process and act on all requests for free lunches using state and federal guidelines. The board of education president shall serve as an appeal agent when a parent desires to appeal the decision of the superintendent. It shall be the policy of this district to subsidize the lunch program when necessary, but every effort shall be made to make the program self-supporting. ADOPTED: 2/15/05 AMENDED: 2/21/06 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 471 Page 1 of 2
Fund Raising by School Organizations Fund raising by student groups or organizations shall be kept at a reasonable level so as not to become a financial burden on the community. Each qualified, recognized student organization, club or class in grades 7-12 shall be permitted to have a maximum of one major fundraiser per year. Each organization shall be allowed to participate in minor fundraisers as deemed appropriate by the principal. A major fundraiser is defined as an activity occurring for more than three days and with an expectation of raising a minimum of $1000. The principal will have the discretion to determine if a fundraiser is to be designated as a student organization’s major fundraiser for the year. If an organization, because of special circumstances, needs to raise additional funds, they may petition to the superintendent for another major fundraiser. The superintendent may approve or deny such request. Fund raising activities must be planned and conducted in such a manner that they are in compliance with all applicable laws and statutes. Further, fund raising must comply with the rules and regulations of the Board. The principal, as a designee of the superintendent, shall approve all fund raising projects and shall establish a time schedule so that major fundraisers are spaced with only one event occurring at a specific time. Whenever possible, fund raising events shall be limited to two per month. No contractual agreements with an outside vendor shall be entered into without the prior approval of the principal. All requests for fund raising must be submitted in written form. No later than one week after the conclusion of a fundraiser, a list of all accounts receivable and a post-fundraiser form must be turned in to the principal. There shall be no fund raising sponsored by the school district for students in early childhood (EC)-5 and fund raising is discouraged at the middle school level. Any fund raising at the middle school level will only be initiated at the discretion of the principal. Students under the age of 12 shall be permitted to participate in fund raising activities provided written approval has been obtained from the student’s parent/guardian. Students under the age of nine or each group containing one or more students under the age of nine must be physically accompanied by a parent or a person at least 16 years of age when working in a fund raising activity. Students who fail to return either the money from the sales or the items that were unsold by the time specified by the student group’s officers or advisors will: (1) not be allowed to participate in any future sales by the group or other groups and (2) need to meet with the principal and the advisor to develop an installment plan for the return of money owed. This time period cannot exceed two months. If the individual does not contact these parties, the money/items due are considered stolen and the individual’s name is turned over to the police for prosecution. Student groups are not allowed to conduct any fund raising activities that include the sale or use of alcohol or other mind-altering substances. No student may be compelled to solicit or meet any kind of quota in a fund raising activity as a part of regular instruction. Solicitations for fund raising activities will be completely voluntary. The board reserves the right to act upon any fund raising request.
SCHOOL DISTRICT OF CUBA CITY
Policy 471 Page 2 of 2
Fund Raising by School Organizations The board believes that it is unwise to solicit contributions from the businesses and citizens of the district to meet the basic needs of the schools. Therefore, fund-raising activities in the community by pupils are to be restricted to a minimum. Fund-raising activities by school organizations that involve door-to-door solicitation of businesses, citizens, or both, may be conducted only when prior approval is given by the board. ADOPTED: 5/20/03 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 472 Page 1 of 1
Contests and Awards Contests or activities involving pupil participation sponsored by organizations outside the schools shall not be permitted in the schools unless approved by the superintendent. Such activities must be adjudged to have educational value for the participants and be appropriate in terms of current classroom activities. The School District of Cuba City supports and encourages students to participate in competitive academic contests, with prior approval of the Board. While there is no intent to refuse to cooperate with agencies sponsoring worthwhile contests, there is very definitely a desire to keep such cooperation within reasonable bounds. The following conditions shall be used for determining participation in contests: a. The primary educational aims of the schools and the needs and interest of their students must be a consideration at all times. b. Schools shall not be used to promote private or commercial interests. c. Schools shall not be used for direct sales promotion of individual competitive goods and services. d. All materials or activities initiated by private sources shall be judged on grounds of their direct contribution to educational values, factual accuracy, and good taste. e. Contests or projects, in general, should not interfere with the operation of the regular course of study in classes. f. Funding for the participation of students in state and national competitions may be raised by a schoolbased club or organization, service club, foundation, or other similar source or paid by the organization sponsoring the competition is not included in the regular school budget; however, the board of education may approve an expenditure if an individual or group should qualify. ADOPTED: 2/15/05 AMENDED: 2/21/06 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 491 Page 1 of 1
Students of Divorced/Separated Parents PURPOSE: To ensure that divorced/separated parents receive appropriate information regarding their child’s educational progress and development. POLICY: The District shall maintain strict neutrality between parents who are involved in a legal action affecting the family, unless otherwise directed by court order. It is the responsibility of the parent(s) to notify the District of any such court order. The parent/guardian who enrolls a student shall be considered to be the custodial parent and that parent’s residence shall be considered the student’s residence for school purposes, unless a court order or other satisfactory documentation is presented which specifies otherwise. The parents of the child are responsible for informing the school of names and mailing addresses of the custodial and non-custodial parents. The non-custodial parent of any student enrolled in a school subject to District control may be provided all report cards, notices of school activities, disciplinary reports, conference appointment or summaries, or other student records which are provided to the custodial parent, unless otherwise expressly curtailed or restricted by a provision of a court order which has been provided to the principal. The non-custodial parents may also participate in all activities, including conferences. The school generally will conduct only one meeting for parents at appropriate times in which both parents will be permitted to participate. The building principals shall develop specific, positive procedures for sharing information with non-custodial parents. The elementary principals shall be responsible for developing procedures for use in the elementary schools; and the high school principal shall be responsible for developing procedures for use at the high school. The non-custodial parent is responsible for requesting information in addition to that information specified in district procedures. The principal shall inform classroom teachers of those students for whom a non-custodial parent’s access to information has been restricted by court order. A student enrolled in the District may be released from school to either the custodial or non-custodial parent, unless the custodial parent has presented a court order or other legally binding document which prohibits such release. Letters from attorneys, clergymen or other individuals shall not be construed as court orders. Court orders, as used in the context of this policy and set of administrative rules, are a document signed by a judge or a family court commissioner of the court of record and jurisdiction. At the beginning of each school year, or upon enrollment of a student in the School District of Cuba City, custodial parents shall be asked to provide “Custodial Information” regarding the status of the non-custodial parent. The completed questionnaire(s) shall be kept in the principal’s office for future reference. The District shall publicize this policy to residents of the District each year. ADOPTED: 4/20/10 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 501 Page 1 of 1
Certified Personnel All Personnel It is the policy of the Board of Education to employ the personnel necessary to carry out the mission of the district. Beginning in September 2004, each new employee shall submit, as a condition of employment, a completed employment application and a state criminal background check. Employment of Teachers It is the policy of the Board of Education to employ teachers who have earned at least the B.S. degree including such specialized preparation as the state superintendent may require. Every person who contracts to teach in the School District of Cuba City shall file with the superintendent a copy of their teaching certificate before they assume their professional duties. Selection The Superintendent and designees are delegated the responsibility of recruiting candidates for all positions in the school. Instructional personnel are employed upon the recommendation of the superintendent by a majority vote of the board. Duties and Responsibilities The board feels that the primary responsibility of the teacher is the instruction of pupils. The board also expects every teacher to cooperate fully with each other, the administration, the board, and community in improving the educational program of the Cuba City Schools. All teachers are expected to exercise adequate supervision in all curricular and extra-curricular activities to which they are assigned. Teachers should make every effort to safeguard and maintain the supplies, equipment, rooms, and other materials in their care. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 501.1 Page 1 of 1
Insurance; Health and Accident The School District of Cuba City will pay up to a set amount for a family plan or for a single plan of the premium for the basic hospital/surgical plan and the major medical plan adopted by the board of education. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 502 Page 1 of 1
Substitute Teachers The administration shall maintain a list of qualified substitute teachers, employ them as necessary, and assign them when needed. Substitute teachers shall be reimbursed at the rate set annually by the board of education. When the substitute teacher is used for a prolonged period of time, the superintendent may authorize payment at a higher rate per day. After two consecutive weeks in same position, teacher will be paid beginning salary but no benefits other than as required by law. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 503 Page 1 of 1
Student Teachers To further the cause of education and to aid in the preparation of teachers, the board subscribes to the policy of accepting student teachers in the school district. The superintendent may assign student teachers to regular teachers who agree to work with them. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 504 Page 1 of 1
Supervision and Evaluation The primary aim of evaluation by a supervisor is the improvement of instruction and learning. Evaluation shall be a composite of all contacts with the individual being evaluated, thus, evaluation will consist not only of those activities that are observed in the classroom. The superintendent shall be responsible for planning and implementing a program of supervision and evaluation that will be administered by the high school principal and the elementary principal. The high school and elementary principals shall submit a written evaluation on each of their non-tenured faculty members to the superintendent not later than February 1 of each year and each evaluated tenured teacher by May 30th. Support staff shall be evaluated annually and a copy of the evaluation submitted to the superintendent. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 506 Page 1 of 1
Absence Teachers are to report their illness or reasons for emergency absence each morning at a reasonable time set by the responsible principal, prior to the opening of the schools. The administration is responsible for the preparation of the appropriate procedures so that these communications are followed by each teacher. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 512 Page 1 of 1
Sexual Harassment of Employees – Title IX The School District of Cuba City takes a strong stand against sexual harassment by employees and supervisors. Such harassment is illegal. Persons engaging in this conduct will be subject to sanctions and disciplinary measures. The District’s position on sexual harassment is as follows: 1. The District herby condemns reprehensible conduct and if it is informed of the identity of any employee harassing another employee sexually, or otherwise, the offending employee will be subject to discipline up to and including discharge. Any conditioning of an employee’s job or any employment decisions based upon sexual favors may result in the immediate discharge of the involved supervisor. 2. All employees have the right to file a complaint concerning any harassment, sexual or otherwise. If the employee cannot go to their supervisor because the supervisor is the offending party, they may speak to the Title IX Coordinator, superintendent or building principal about the job. 3. The District guarantees that all claims of sexual harassment will be handled in strictest confidence, but allowing for a complete investigation. 4. Further, after the employee has raised their harassment complaint with the Title IX Coordinator or the Executive Director of Human Services, and the employee still feels the problem is occurring, they may complain to the Department of Industry, Labor and Human Relations Commission or the Equal Employment Opportunity Commission – Washington, D.C. 5. All employees are hereby instructed that the District will not stand for any type of harassment, sexual harassment, sexual practical jokes, horseplay, lewd nicknames, sexual calendars or pictures, sexual advances or the presence of sexual materials in the workplace. 6. In filing a written grievance about sexual harassment, please be ready to specifically identify the incidents in question, the dates (if possible), the name of the person accused of wrong-doing, any witness, a description of exactly what happened, and what remedy would be satisfactory. This information will assist the District in making a complete investigation into the problem. 7. This District hereby promises to make a thorough investigation of all complaints of harassment, sexual or otherwise, and discipline offenders. Such discipline can range from a written warning to discharge, depending on the seriousness of the offense in the judgment of the administration. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 522.1 Page 1 of 1
Drug-Free Workplace In order to protect the health, welfare and safety of students and employees, no school employee shall: During working hours manufacture, distribute, dispense, possess or use alcohol or a controlled substance in any school building or on school premises; any school-owned vehicle used to transport students to and from school or school activities; or off school property during any school-sponsored or school-approved activity, event or function where students are under the jurisdiction of the school district. All employees shall be expected to abide by this policy. Failure to abide by this policy shall result in disciplinary action in accordance with provisions of current employee agreement or other procedures established by the Board and Administration. These actions may include suspension and termination of employment. Any employee engaged in the performance of a federal grant shall be required to notify the superintendent of any criminal drug statute conviction occurring in the workplace within five days of such conviction. Upon receiving notice of an employee’s criminal drug statute conviction, the superintendent shall notify the agency from which federal funds were received. This notification shall be made within ten days. A copy of this policy shall be distributed to all employees of the district; published annually and, posted in each building in the district. This information may be disseminated at staff meetings, through the staff mailboxes or a display in an appropriate area (e.g., staff lounge). LEGAL REF.: Drug-Free Workplace Act of 1988; 34 CFR Part 85, Subpart F (Regulations Implementing the Drug-Free Workplace Act) ADOPTED: 9/11/90 AMENDED: 9/20/05 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 523.3 Page 1 of 2
Employee Assistance Program The School District of Cuba City recognizes that a wide range of personal problems not directly associated to job functions can have a negative effect on an employee’s job performance. In many instances the employee is able to overcome personal problems independently, and the effect on job performance is negligible. In some instances normal supervisory assistance serves as motivation or guidance to resolve personal problems, and the employee’s job performance will return to an acceptable level. In other cases, however, neither the efforts of the employee nor the supervisor resolve the employee’s problems, and unsatisfactory performance persists. Personal, medical, and behavioral problems such as alcoholism, chemical dependency, emotional illness, marital problems, family loss, and financial concerns negatively affect an employee’s job performance. Such problems are often misunderstood by the individual, their family, the employer, personal or professional associates, and therefore, potential recovery opportunities can easily be missed. Research and experience has demonstrated that when problems are properly diagnosed and treated most of the problems can be resolved. The School District of Cuba City believes that it is in the best interest of the employee, the employee’s family, and the School District to provide a service which deals with such employee problems. Therefore, it is the policy of the Board of Education to provide an Employee Assistance Program (EAP) for all employees which will encourage early diagnosis and treatment of medical, behavior and personal problems. The following administrative rules provide the guidelines and procedures for implementing the Employee Assistance Program. Administrative Rules Purpose It is the purpose of the Employee Assistance Program (EAP) to provide confidential assistance that will encourage employees who are experiencing personal, medical, and behavioral problems to seek early assistance. The School District of Cuba City will designate the elementary counselor, high school counselor, and superintendent as Employee Assistance Resource Coordinators. The EAP coordinators will function as a resource person to assist other employees who seek help with personal, medical and behavioral problems. The EAP coordinator will help the employee determine the type of professional assistance that would be most appropriate, and help arrange an appointment with a professional resource. The role of the EAP Coordinator is not intended to include counseling services. Procedures 1. Self-Referral – Any employee may self-refer with the understanding that the EAP appointment will remain confidential. 2. Supervisor Referral – With the employee’s knowledge, a supervisor (Principal, Assistant Principal, etc.) may refer an employee to an EAP coordinator. The EAP coordinator may report to the supervisor that the employee kept the appointment and/or that the employee has accepted referral to a professional resource. All other information is confidential and cannot be shared with anyone without the employee’s written permission. 3. Peer Referral – It should be understood that the EAP coordinator does not seek out clients who have been anonymously referred. If you feel that a colleague needs assistance, you can help by convincing the colleague to self-refer. 4. Direct Professional Referral – Employees who prefer to self-refer directly to a professional resource are encouraged to do so. The EAP Program is not intended to reduce personal initiative, nor (does it) compete with professional services providers.
SCHOOL DISTRICT OF CUBA CITY
Policy 523.3 Page 2 of 2
Employee Assistance Program Guidelines 1. It is recognized that most personal, medical, and behavioral problems can be successfully resolved if identified early, appropriately diagnosed, and treated. This applies whether the problem is one of physical illness, emotional illness, family distress, alcoholism, or chemical abuse. 2. Employees who feel they have a personal, medical or behavioral problem are encouraged to seek assistance either by self-referral directly to an appropriate professional resource, or by self referral to one of the School District’s Employee Assistance Program Coordinators. 3. Employees are assured that their job, future, and reputation will not be jeopardized by utilizing the Employee Assistance Program. However, unsatisfactory job performance could result in non-renewal. Employees, who are experiencing personal problems that interfere with satisfactory job performance, may be required by the School District to secure appropriate medical, rehabilitative counseling, or other services necessary to resolve the problem. This applies to all employees whether they have been involved with the Employee Assistance Program or not. It will be the responsibility of the employee to comply with supervisor referrals for diagnosis, and to cooperate with professional treatment recommendations. Whether an employee accepts, rejects, or fails to respond to treatment of personal, medical, or behavioral problems, it is the employee’s responsibility to maintain acceptable levels of job performance. 4. Diagnostic and treatment costs may be covered in accordance with the School District’s health care program. 5. Since employee work performance can be negatively affected by the problems of an employee’s spouse or other dependents, the Employee Assistance Program is available to the families of employees as well. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 527 Page 1 of 3
Staff Complaints and Grievances Purpose The purpose of this Section is to provide for the exclusive internal method for resolving grievances concerning discipline, termination and workplace safety. A determined effort shall be made to settle any grievance at the lowest possible level in the grievance procedure. Definitions A. Grievance: A “grievance” is defined as any complaint that arises concerning discipline, termination or workplace safety. B. Grievant: A “grievant” may be any employee or group of employees. C. Day: The term “days” as used in this Section shall mean regularly scheduled workdays, unless otherwise indicated. Time Limits The time limits set forth in this Section shall be considered as substantive, and failure of the grievant to file and process the grievance within the time limits set forth in this Section shall be deemed a waiver and a settlement of the grievance. The number of days indicated at each level should be considered a maximum. The time limits specified may, however, be extended by the mutual consent of the District and the grievant. The parties may, through mutual consent, agree to start the grievance at a higher step if the grievance involves termination and is initially filed in a timely manner pursuant to the timelines set forth below. Grievance Processing Procedure Grievances shall be processed in accordance with the following procedure: Step One – Informal Resolution: An earnest effort shall first be made to settle the matter informally between the employee and the immediate supervisor. A grievance may be initiated through an informal meeting and discussion with the immediate supervisor, the employee and the employee’s designated representative. The informal meeting and discussion shall occur within thirty (30) day after the facts upon which the grievance is based first occurred. The immediate supervisor will give an answer to the grievance. The grievant(s) shall be required to state the purpose of the discussions and event(s) upon which the discussions are based. The immediate supervisor shall notify the grievant and (if applicable and appropriate) the representative of his/her answer within ten (10) days. If the matter cannot be resolved or if no answer is provided in the above timeframe, the grievant(s) may file a written grievance. Step Two – Written Grievance: If the grievance is not resolved at Step One, the grievant(s) shall file a written grievance with the immediate supervisor within ten (10) days of the response in Step One above or if no response is proved within ten (10) days of the deadline for the response. The written grievance shall include the facts upon which the grievance is based, the issues involved, the District Policy or the Employee Handbook provision alleged to be violated and the relief sought. The grievance shall be signed and dated by the grievant. The immediate supervisor shall respond to the grievance in writing within ten (10) days. However, if there is an ongoing investigation related to the subject matter of the grievance, the immediate supervisor shall have until ten (10) days after completion of the investigation to respond to the grievance. If the matter cannot be resolved or if no answer is proved in the above timeframe, the grievant(s) may file an appeal to the Superintendent. If the grievant’s immediate supervisor is the Superintendent, the grievant shall skip Step Three and proceed directly to Step Four if he/she is not satisfied with response of his/her immediate supervisor at Step Two (or if no answer is provided in the above timeframe).
SCHOOL DISTRICT OF CUBA CITY
Policy 527 Page 2 of 3
Staff Complaints and Grievances Step Three – Appeal to Superintendent: If the grievance is not resolved at Step Two, the grievant may appeal the written grievance to the Superintendent within ten (10) days after the response at Step Two or if no response is provided within ten (10) day of the deadline for the response. The Superintendent shall meet with the grievant(s) and/or the employee’s designated representative and the principal or immediate supervisor within ten (10) days after receiving the written grievance. The Superintendent shall respond to the written grievance within ten (10) days of the meeting or at a later date as determined by the Superintendent if further investigation is warranted. The Superintendent shall indicate in writing the disposition of the grievance and forward it to the grievant and (if applicable and appropriate) the grievant’s representative. If the matter cannot be resolved or if no answer is provided in the above timeframe, the grievant(s) may file an appeal to the impartial hearing officer. Step Four – Appeal to Impartial Hearing Officer: If the grievance is not resolved in Step Three, the employee must notify the Superintendent, within ten (10) days after receipt of the Superintendent’s answer or if no response is provided within ten (10) days of the deadline for the response, if he or she intends to process the grievance to an impartial hearing officer. This step of the process is available only if the alleged violation of District policy or Employee Handbook involves discipline, termination or workplace safety. Grievances involving any other issue may be appealed directly to the Board under Step Five, and the Board shall review the decision that the Superintendent issued in Step Two or Three. The hearing shall be conducted as soon as practicable and may or may not be transcribed, subject to the examiner’s discretion. Subject to the examiner’s discretion, witnesses may also present information under oath or affirmation. Written documents may also be submitted. The rules of evidence shall not apply, and evidence shall be admitted subject to the examiner’s discretion. The appealing party carries the burden of proof which shall be a preponderance of the evidence. The impartial hearing examination will determine whether the School District acted in an arbitrary and capricious manner. The examiner shall provide a written decision. If there is a dispute over the timeliness or the ability to use the grievance procedure on the issue, the Administration shall have the discretion to bifurcate the hearing for the purpose of deciding those issues (i.e. address whether the grievance was filed in a timely manner before hearing the merits of the grievance or address whether the content of the grievance is properly before the impartial hearing officer). Step Five – Appeal to Board of Education: The decision of the impartial hearing examiner is final unless the grievant or administration files a written appeal to the School Board Clerk within ten (10) days after the date of the impartial hearing examiner’s written decision. The School Board shall review the appeal as soon as practicable at its next regularly scheduled Board meeting. The School Board shall examine any records produced at the hearing before the impartial hearing examiner and determine whether a rational basis exists for the hearing examiner’s written decision. The School Board shall not conduct a new hearing or substitute its judgment for that of the hearing examiner. Findings of facts shall be upheld unless they are clearly erroneous. A simple majority vote of the School Board present shall decide the appeal. The School Board’s decision shall be final, and the decision may not be appealed any further. Grievant’s Right to Representation Any grievant may be represented at all stages of the grievance procedure by a representative(s) of his/her own choosing.
SCHOOL DISTRICT OF CUBA CITY
Policy 527 Page 3 of 3
Staff Complaints and Grievances Consolidation of Grievances Grievances of the same type, and with similar fact situations, may be consolidated at the discretion of the Administration. Group Grievances Group grievances involving more than one employee and involve any of the following: a. More than one work site; b. More than one supervisor; or c. An administrator other than the immediate supervisor Such grievances may be initially filed at Step Three; however, they shall follow the initial timelines for filing the grievance at steps One and Two above. No Grievant Compensation A grievant will not be compensated for time spent in processing his/her grievance through the various steps of the grievance procedure. ADOPTED: 6/21/11 AMENDED: 11/20/13 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 535 Page 1 of 1
Lesson Plans Lesson plans are to be prepared by each teacher for one week in advance and filed with the building principal on Friday. Lesson plans are an important prerequisite to good teaching and must be available for use by a substitute teacher. Each lesson plan should contain a statement of the specific objectives, assignment for the pupils, and what is to be done during the class period. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 540 Page 1 of 1
Employment of Non-Instructional Personnel Qualifications: Since every employee of the school district associates with pupils to some extent, all must possess high moral and ethical character. All employees must be emotionally competent and possess physical health sufficient for them to perform their duties satisfactorily. Job specifications for each non-instructional position shall be developed by the administrative staff to serve as a basis for selection. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 601 Page 1 of 1
The Budget The superintendent shall be responsible for the preparation and administration of the annual budget. A preliminary budget plan dealing with proposed receipts and expenditures, including special capital outlay items for the next fiscal year, shall be presented to the board at the regular meeting in August or before. The budget shall be formerly approved by the board each year. A summary of the proposed budget including existing indebtedness shall be placed in the official district newspaper at least 15 days prior to the Annual Meeting. Such budget shall also include actual revenues and expenditures from the preceding year. (65.90) The budget shall be available for perusal by the public in the central office prior to the Annual Meeting. A public hearing of said budget shall be held during the Annual Meeting to present the budget to the public and to have a free and open discussion on its components. Adoption of the budget and establishment of the tax levy resulting there from shall be made by a motion from the floor at the Annual Meeting. If the tax levy is disapproved or approved at a level insufficient to operate the school system, the board reserves the option to change the tax levy on or before the third Monday of October. Wisconsin Statutes 120.12. The budget is viewed as the board’s best estimate of receipts and expenditures. It is expected that the budget overall will balance or have a small surplus at the end of a fiscal year. Individual account balances shall approximate but not necessarily be exact as budgeted. The superintendent is directly responsible for prudent and efficient administration of the budget. The superintendent shall prepare a detailed summary giving the status of the budget receipts and expenditures for board review at least four times throughout the school year. Expenditure allocations adopted in the budget for the various accounts may be changed only by the board upon presenting of substantiating data. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 602 Page 1 of 1
Accounting and Finance The Board of Education shall select the depository(ies) annually. Accounting System The district accounting system shall be Wisconsin Uniform Financial Accounting Requirements as supplemented by Federal requirements. Capitalization and Depreciation This capitalization and depreciation policy is established to safeguard assets, enhance accountability and provide for more accurate and uniform financial reporting in compliance with accounting principles generally accepted in the United States of America (GAAP) and GASB 34. 1. All fixed asset purchases in excess of $5,000 for items that have a useful life of more than one year shall be capitalized. 2. All fixed asset purchases must be entered into the district’s computer system, including the equipment’s useful life for depreciation purposes. 3. Certain categories of assets costing less than $5,000 shall be inventoried and tracked, although not in the general ledger. These items will not be depreciated. 4. In accordance with GAAP, assets must be depreciated over their estimated useful lives. a. Computer Equipment 3 years b. Vehicles and Buses 5 years c. Other Equipment 5 years d. Site Improvements 10 years e. Buildings 27.5 years f. Subsequent Modernization to Buildings 10 years 5. For depreciation purposes only, the salvage value of assets is estimated to be immaterial. Therefore, assets will be depreciated at 100% of cost. 6. The “half-year” convention will be utilized whereby one-half of depreciation is recorded in the year of acquisition and the year of disposition. Handling of Money All monies collected by district personnel shall be tabulated and turned into the business office for receipt and deposit. All expenditures from the various school funds shall be made by check in the business office upon proper authorization. No payments shall be made in cash. All schools shall deposit monies at least once each week. Money shall not be permitted to accumulate in classrooms or offices. The superintendent shall insure that appropriate tally and receipt vouchers are used for all ticket sales and other cash collections. The administrator shall monitor all money transactions and be responsible that proper procedures and records are kept. ADOPTED: 5/20/03 AMENDED: 9/20/05, 5/18/16 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 602.2 Page 1 of 1
Investments The Board of Education considers an investment program a critical ingredient of sound fiscal management. The Board authorizes an investment program for the purpose of securing a maximum yield of interest revenues to supplement other revenues for the support of the district’s educational program. The philosophy of the investment program is that it will be administered in a way that will ensure: 1. The continuous process of temporary investing of fund balances and monies available for investment purposes; 2. The maintenance (revised following each cash transaction) of a yearly cash flow chart that will provide data to assist proper planning and decision making regarding amount, duration and type of investments; 3. The use of an open competition system of bids and/or quotes to obtain the maximum yield on all investments from in-district financial institutions and may consider out-of-district banks; 4. That all non-insured vendors using school district funds provide a statement to the district of the collateral in the form of a list of their securities pledged at market value; and 5. That all district investments are made in accordance with state law. Delegation of Authority The Board authorizes the superintendent to manage all activities associated with the investment program in such manner as to accomplish the objectives of this policy. His/her responsibilities will also include review, assessment, and reporting of the district’s investment program as deemed appropriate. The superintendent is further authorized to execute in the Board’s name any and all documents relating to the investment program in a timely manner and to confer with reputable consultants regarding investment decisions when necessary. LEGAL REF.: Sections 34.05 Wisconsin Statutes 34.08 66.0603 120.12(7) 120.16(5) ADOPTED: 9/20/05 AMENDED: 1/15/08 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 602.2A Page 1 of 1
Investment Procedures A. Investment Instruments The district may invest district funds only in the following investment instruments authorized by state law and the Board of Education: a. Local Government Pooled Investment Fund. b. Insured or collateralized certificates of deposit issued by banks or other financial institutions authorized to do business in Wisconsin, as defined by section 66.0603 of the state statutes, if the time deposits mature in not more than one year. c. Wisconsin School District Liquid Asset Fund. d. Repurchase agreements with banks and other financial institutions authorized to do business in Wisconsin, as defined by section 66.0603 of the state statutes. e. Bonds or securities issued or guaranteed as to principal and interest by the federal government or by a commission, board, or other instrumentality of the federal government if the bonds or securities mature in not more than three years. The district, for example, is prohibited from investing in such instruments as lending of securities and hedging instruments such as futures, principal-only obligations, interest-only obligations, structured notes, options and swaps. B. Investment Placement Quotations shall be solicited for all investments, except the daily repurchase agreement transactions if used with the district’s lead depository bank and investments in the Local Government Pooled Investment Fund or Wisconsin School District Liquid Asset Fund. The superintendent shall solicit bids from banks in the school district. C. Collateral The superintendent shall collateralize deposits and investments when directed by the Budget and Finance Committee. Acceptable collateral are listed below in order of preference: 1. Obligations of the Treasury of the United States (Treasury Bills and Notes) 2. Obligations backed by the full faith and credit of the United States 3. State and municipal bonds backed by the full faith and credit of the issuing agency (fully insured issues are preferred) At the discretion of the Budget and Finance Committee, the district will require that the collateral be placed in a trust account, specifically marked as being held on behalf of the district, at a financial institution. LEGAL REF.: Sections 34.05 Wisconsin Statutes 34.08 66.0603 120.12(7) 120.16(5) 895.46 ADOPTED: 1/15/08 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 602.3 Page 1 of 1
Disposal of School Property Furniture and equipment surplus to the needs of the district may be disposed of by sale or auction after a listing of said items is presented to the building committee and approval is given. Property currently valued beyond $100 may be destroyed or sold upon board approval only. Furniture and equipment having no monetary value may be discarded by the superintendent after notification has been given to the board of education. All financial records of the district, including activity and federal accounts, shall be audited annually by a certified public accountant. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 603 Page 1 of 2
Purchasing and Requisitioning The business office is authorized to maintain a storage area for consumable supplies. Such supplies and materials shall be distributed on the basis of requisitions prepared by staff members and forwarded at periodic intervals through the building principals or elementary coordinator, as appropriate, to the business office. Administrators and staff members will maintain a system of distribution and usage that will promote the conservation and prudent use of all supplies, materials, and equipment. Requisitions for the purchase of items not warehoused shall be forwarded through the elementary principal and the secondary principal to the business office. The superintendent is authorized to place orders for all items designated in the annual budget. It shall be the policy of the Board of Education to control and approve any single capital item expenditure in the following manner: 1. For expenditures up to $5000, it shall be the responsibility of the Superintendent to use good judgment and prudent business procedures in making purchases. 2. For expenditures between over $5000, the Superintendent shall seek at least two quotations, from which a recommendation shall be made by the Superintendent to the Board of Education for approval, taking into consideration: a. Cost b. Vendor’s ability to fulfill the contract c. Delivery d. Payment terms e. Design f. Compatibility with existing District inventory g. Previous relationship with the vendor h. Product quality i. General suitability for safe use within the School District j. Long-term maintenance costs 3. Providers in the school district may be given a 3% preference in the bid. 4. The Board may advise the superintendent in procuring bids for some capital expenditures. 5. The Board does not expect bids or quotations for the following items: a. Educational items such as textbooks and workbooks b. Professional purchased items such as attorneys and architects c. Replacement parts or maintenance contracts for existing equipment or mechanical systems d. CESA services utilized by the District e. Services required to be furnished to employees as a result of an employment agreement approved by the Board of Education 6. All reasonable efforts will be made by the Superintendent to design specifications, which will allow local vendors to receive consideration. 7. The Superintendent is the designated purchasing agent for the School District. 8. Any product and/or services paid for by parents and/or students, or through their fundraising efforts, will be exempt.
SCHOOL DISTRICT OF CUBA CITY
Policy 603 Page 2 of 2
Purchasing and Requisitioning All purchases and services to be charged against the general fund or special district fund shall be made through a system of central purchasing administered by the superintendent. Similarly, activity fund purchases shall be made through a purchase order system and the PO’s approved by each building principal or their authorized designee. The superintendent may establish petty cash funds when warranted so that staff may be reimbursed for small purchases. Said purchases shall be authorized in advance by the building principal. Bids and/or quotations shall be secured for items whenever savings might accrue to the district. Whenever feasible in terms of cost, delivery, and maintenance of goods or services, items shall be purchased through local merchants. Invoices for services and goods shall be presented to the board of education for approval of payment at each regular meeting. Said invoices shall be submitted to the business office not later than the first Friday of each month. All school personnel who desire reimbursement from district funds for school related travel must receive prior approval from the superintendent or designee. Said travel shall be within the limits of the budget. Expense allowances for the use of personally owned automobiles shall be reimbursed at a rate established by the IRS. ADOPTED: 9/20/05 AMENDED: 6/16/09, 12/18/13, 5/19/15, 12/16/15 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 604 Page 1 of 1
Internal Audit Aside from various procedures enumerated in the policies to protect the district, additional specific measures are indicated below:
Bank statements shall be reconciled on a monthly basis. At least two employees shall be trained to prepare and execute the payroll.
ADOPTED: 9/20/05 AMENDED: 2/21/06 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 605 Page 1 of 1
Payroll All personnel shall be paid per the negotiation agreement for their services in twenty-four payments on the 1st and 15th day of each month. Payment for extra-curricular assignments shall be made on the first feasible pay period at the completion of the assignment. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 606 Page 1 of 1
Insurance Protection of District The school district shall maintain sufficient insurance to protect the district against financial loss due to liability claims, fire, boiler damage or explosion, theft, robbery, damage to school property and equipment, transportation accidents, and employee fidelity loss. All buildings and equipment shall inventoried and appraised annually, and at least every ten years upon board approval, the value of district equipment and building inventories shall be brought up to date by an outside consultant. The extent and adequacy of the school district insurance program shall be reviewed periodically as deemed necessary but no later than every three years. The insurance program shall be administered by the superintendent, who upon consultation with the board, will prepare specifications and place the insurance package for bid every three years. Protection of Employees and Officers The district shall provide liability insurance to protect its employees and the board of education against financial loss because of suit that may be brought against them for injury or other harm or damage to pupils or citizens during the exercise of their duties. The board of education shall be further insured for liability resulting from their policies, decisions, or official actions. All employees of the district shall be covered by Workmen’s Compensation. Tax Sheltered Annuities The district shall offer all employees the opportunity to participate in a tax sheltered annuity program. That employees add to join either at the beginning of the school year or calendar year, 30 days notice is required. An exception will be made to accommodate new employees who were enrolled in a program at their place of previous employment. Such employees will be eligible for payroll deductions beginning with their first check. Cancellations may be initiated any time during the year if the business office is provided with the pertinent information and authorized well in advance. Insurance agents may not contact employees on school premised during normal school hours. The Board of Education recognizes the advantage of tax sheltered annuity accounts by its employees and thus allows payroll deductions to be made. It must be realized that having an unduly high number of different companies causes an additional workload for the district. The district, to control the number of companies for which payroll deductions are made, deems that no new tax sheltered annuity companies shall be allowed unless there is a minimum of five (5) clients per company. In the event that by natural attrition a company loses its last client in the district, it will not be allowed to be reintroduced until it meets the five (5) client minimum. ADOPTED: 9/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 662 Page 1 of 1
Authorized Signatures The signature of the Board President, Board Clerk and Board Treasurer shall be required on all checks expending general school district funds. Facsimile signatures may be used in accordance with State law and established procedures. All student activity fund expenditures shall have a request for expenditures from the sponsor of the organization and the check signed by the building principal and the secretary in control of the activities account. LEGAL REF.: Sections 66.042 Wisconsin Statutes 120.12(1), 120.15(2), 120.17 ADOPTED: 10/12/99 AMENDED: 2/11/03, 9/20/05 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 662.1 Page 1 of 1
Student Activity Fund Management All funds raised by student classes, clubs or organizations shall be under the control of the Board and shall be managed in accordance with sound budgetary and accounting procedures. The principal shall be responsible for supervising the management of student activity funds in his/her building. 1. All student groups should designate an advisor and a treasurer. 2. All monies are to be receipted in the building office. 3. All funds are to be receipted. A duplicate receipt book is an absolute requirement. The receipts are to be numbered. The original goes to the donor and the copy remains in the book for reconciliation purposes. No money should be accepted without a written receipt issued at the same time of receipt. This record should be kept separate from the cash for proof of loss, should this occur. 4. Daily, as funds are collected, they must be counted and verified. Funds must be promptly deposited prior to 3:00 p.m. and not remain in a bag or envelope somewhere overnight, unless the school has a safe. 5. Both a record of receipts and disbursements will be kept. These ledgers will be totaled monthly and verified by the organization and its advisor. A report will be given to the bookkeeper monthly. At that time, an internal audit will be conducted to verify receipts and expenditures. 6. Each group shall designate who can authorize expenditures. Two signatures are required on each disbursement—the advisor and an officer. 7. No group shall maintain a petty cash fund. All funds should follow the deposit procedures outlined above. 8. Each year the group shall develop a budget indicating which activities they will be conducting for the next year and how much money will be required in terms of fund raising. The group’s advisor will be key to the development of this budget. The budget will be submitted to the Principal on or before September 30. 9. Payments for services by outside parties to the advisor or other administrator must be deposited in the group’s fund. This is not a personal payment. 10. The building principal will oversee that building’s activity fund. These building funds can only be used by the Principal, who will need prior approval of all disbursements by either the bookkeeper or Superintendent. Disbursement should be for improving the school environment and used by the discretion of the Principal. 11. Each group will be required to develop a policy pertaining to the events of group disbandment. If such a policy is not developed, these monies will automatically revert to the “Building Activity Fund.” Any dollars of an account inactive for 12 months will revert to the Building Activity Fund. 12. All interest income in the district’s Fund 60 will be distributed to the Student Council account. LEGAL REF.: Section 120.14(1) Wisconsin Statutes ADOPTED: 10/20/09 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 662.3 Page 1 of 2
Fund Balance The School Board recognizes that maintaining an adequate fund balance in the District’s General Fund is essential to the financial stability of the District and sound fiscal management. The Board also recognizes its responsibility to ensure that the District’s fund balance resources are used properly and reported in accordance with applicable legal requirements and generally accepted accounting principles for governmental entities. With these recognitions in mind, the Board has set forth the following policy guidelines for the use and maintenance of fund balance resources in the District: 1. Fund balance resources shall be reviewed annually to determine allocation between non-spendable, restricted, committed, assigned, and unassigned fund balance account classifications. This shall be done as part of the District’s budget planning process. -
Nonspendable fund balance – This classification includes amounts that cannot be spent because they are either not in spendable form (e.g., inventory) or are legally or contractually required to be maintained intact (e.g., principal balance of endowments and permanent funds). Restricted fund balance – This classification includes amounts limited by external parties (e.g., creditors, grantors or contributors), laws or regulations, constitutional provisions or enabling legislation. Committed fund balance – This classification includes amounts that are committed for specific purposes by formal action of the Board. Assigned fund balance – This classification includes amounts that are intended to be used for specific purposes but are neither restricted nor formally committed. Internet can be expressed by the Board or by an individual or subordinate high level body to which the Board has delegated authority. Unassigned fund balance – This classification includes any remaining amounts that are not classified as nonspendable, restricted, committed or assigned.
Except where the Board expressly directs a different order of expenditure of fund balance amounts in connection with approving a specific expense or payment, fund balance resources shall be spent in the following order when various funding sources are available for a particular purpose: (1) restricted fund balances, (2) committed fund balances, (3) assigned fund balances, and (4) unassigned fund balances. 2. Official Board action shall be required to commit the use of fund balance resources for a specific purpose, or modify or remove that commitment. Board action to commit fund balances, as well as any action taken by the Board’s designee to assign fund balances under item (4) below, shall occur prior to the end of the fiscal year for which the commitment or assignment is made (June 30). However, the actual amounts to be committed or assigned can be determined in the subsequent fiscal year period. 3. To the extent Board action regarding any fund balance amounts under this policy constitutes a budget amendment under state law (i.e., a change in the amounts of the appropriations or the purposes for such appropriations as stated in an adopted school district budget), a two-thirds vote of the entire membership of the Board shall be required, and a legal notice of the action taken shall be issued as required by law.
4. The District shall strive to maintain an unassigned year-end fund balance in the General Fund that is
equivalent to at least twenty (20%) percent of the anticipated General Fund expenditure budget for the subsequent fiscal year. This fund balance is intended to be used for purposes including: cash flow management, reducing the need for short-term borrowing, safeguarding against unexpected expenses or unrealized revenues, and maintaining a high credit rating for the District. Should the unaudited year-end unassigned fund balance in the General Fund fall below the designated minimum, the Board shall develop a plan to restore the unassigned fund balance in the General Fund to the designated minimum level. Should the unaudited year-end unassigned fund balance in the General Fund be above the maximum
SCHOOL DISTRICT OF CUBA CITY
Policy 662.3 Page 2 of 2
Fund Balance designated amount, the Board shall consider committing a portion of that fund balance for a specific purpose or reducing the subsequent year’s tax levy. 5. The Board Finance Committee is delegated authority to assign (but not commit) fund balance resources for a specific intended purpose. The delegee’s assignment of fund balance resources for a specific purpose, or the removal of an assignment previously made by the delegee, must be reasonably justified, documented and reported to the Board. The Board reserves the right, to the extent consistent with applicable law and accounting standards, to act via motion to reclassify unrestricted fund balance resources as it deems necessary or appropriate. Legal References: Wisconsin Statutes Section 65.90(3) Section 65.90(5) Section 120.14 Section 120.18
[budget summary requirements; includes fund balance information] [making changes to appropriation amounts or purposes of appropriations in an adopted operating budget] [school district audit reports] [annual school district report]
Wisconsin Uniform Financial Accounting Requirements (WUFAR) [school district financial accounting requirements, includes fund balances classifications] Government Accounting Standards Board (GASB) Statement No. 54 [fund balance reporting requirements] Cross References ADOPTED: 7/20/16 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 671.2 Page 1 of 1
Expense Reimbursements Expense allowances will be granted only upon authorization of the Superintendent. The employee shall present itemized expense accounts accompanied by the appropriate receipts. Expense allowances for the use of personally owned automobiles shall be reimbursed at a rate established by the IRS. Fees for authorized or required attendance at conferences or other programs will be paid by the District. Cost of meals, hotel rooms, telephone calls and other business related expenses adequately documented will be reimbursed subject to the following restrictions and approval of the Superintendent: 1. 2. 3. 4.
Meal allowances shall be: Breakfast, $15, Lunch, $20, Dinner, $25 or a daily maximum of $60. If meals are included in the registration fee or room rate, corresponding meal allowance will be disallowed. Additional persons accompanying the employee who are not on official business must pay their own expenses, including meals and the additional cost of lodging. Whenever possible, reservation forms must be submitted in advance for vouchering by the District Office. No meal allowances are made for travel that does not include overnight attendance.
ADOPTED: 8/21/12 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 730 Page 1 of 1
Maintenance Operation and maintenance of all school district buildings and grounds shall be the responsibility of the Superintendent. An annual schedule of maintenance involving painting, refinishing, repairs, replacements, etc., shall be prepared by the supervisor of buildings and grounds and be submitted to the Superintendent. All minor repairs and replacements, insofar as possible, are to be made by building custodians. When the work is beyond the time or ability of building custodians, requests for completion will be made to the supervisor of buildings and grounds. When work is beyond the capability of district personnel, time wise or skill wise, the Superintendent shall make arrangements with contractors to complete the work. Requests for major building improvements or remodeling shall be made to the superintendent who will prepare recommendations for the Board of Education. ADOPTED: 12/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 731 Page 1 of 1
Health and Safety The administration shall report at least annually to the Board of Education on the status of the buildings and grounds concerning the safety and health of the occupants and compliance with local, state, and federal code requirements. A long-range plan to schedule facility improvements for the health and safety of the occupants shall be developed and maintained by the administration and be reviewed and adopted by the Board of Education. The supervisor of buildings and grounds shall serve as safety coordinator. The supervisor shall work with the instructional and non-instructional staff in each building, make recommendations, take action to promote safety, conduct periodic safety inspections, and prepare reports. Building principals are primarily responsible for the security of their buildings. However, when the teaching day is over, custodians are to inspect all doors before leaving for the day. No person owning, keeping, possessing or harboring an animal as a pet shall allow such animal to soil, defile, defecate on or commit any nuisance on private or public property (School District of Cuba City property). The person responsible for such animal must immediately remove and dispose of all feces so deposited in a sanitary manner. ADOPTED: 8/8/95 AMENDED: 12/20/05 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 731.1 Page 1 of 1
Locker Room Privacy Locker rooms are provided for the use of physical education students, athletes, and other activity groups or individuals authorized by the building principal or Board policy. The District shall take the following reasonable measures to protect the privacy of individuals using school locker rooms:
Under no circumstances may a person use a camera, video recorder, cell phone, or other recording device to capture, record, or transfer a representation of a nude or partially nude person in the locker room. Any other use of a camera, video recorder, or other recording device in the locker room requires the prior permission of the building principal or designated locker room supervisor, and the person being photographed, videotaped, or recorded. No media is allowed access to locker rooms before, during, or after any school athletic event or practice. Coaches and student athletes may be available for interviews directly outside the locker rooms, consistent with District policy and school rules.
Anyone who violates this policy shall be subject to school disciplinary action and/or penalties under state law. The building principal or designated locker room supervisor, as applicable, shall be responsible for enforcing this policy. A copy of this policy shall be distributed to all employees, published annually in all student handbooks, and posted at the entrance to each locker room in the district. ADOPTED: 10/21/08 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 731.3 Page 1 of 2
Use of Security Cameras and Electronic Monitoring Equipment In pursuit of the School Board’s goal to provide a safe environment on its premises and in connection with its operations and programs, the Board authorizes the District’s lawful use of video surveillance or similar electronic monitoring equipment on District property and in connection with District programs and operations. This policy is not intended to grant or create any expectation of privacy as to any time or location where a person would not already have an enforceable expectation of privacy to be free from such surveillance or monitoring. The electronic monitoring equipment that the District uses on an ongoing and regular basis: -
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May be placed and used in locations where individuals do not have a legally-enforceable expectation of privacy to be free from such surveillance and monitoring, including but not limited to common areas of District buildings, such as hallways, entryways, libraries, gymnasiums, and cafeterias; District parking lots; and other outdoor facilities. Specific locations for the equipment shall be approved by the Superintendent or building principals. Shall not be used in any restrooms, locker rooms, or designated changing areas. Will not be regularly and comprehensively monitored by employees or agents of the District on a realtime basis. Will not be set to record audio or to detect audio for the purpose of audio transmission. If there is a request or proposal to record or transmit audio in connection with any special and limited safetyrelated, security-related, or misconduct-related operation in the District, such use must be expressly approved in advance by the Superintendent, who shall first take steps to verify that the proposed activity is consistent with applicable legal restrictions.
As authorized or directed by the Superintendent, acting in consultation with the building principals, the District may post notices or take other steps to inform people that their conduct may be monitored and/or recorded. Subject to state and federal laws and to other District policies and regulations, information that the District obtains through the use of the District’s video surveillance/electronic monitoring equipment may be used: -
To support the safe and orderly operation of the District’s schools and facilities, including use for law enforcement purposes and when appropriate; and As evidence in disciplinary proceedings, administrative proceedings, or other legal proceedings.
Retention and Access The Superintendent or his/her building principals shall establish protocols for the proper retention of media captured by or from District-controlled video surveillance/electronic monitoring equipment. The protocols shall be consistent with the District’s records retention obligations and schedules. The protocols shall also differentiate between (1) recordings that are not accessed or reviewed for a specific purpose, which shall be retained for at least 30 days prior to being deleted or purged, and (2) recordings that are accessed or reviewed for a specific purpose or that otherwise become subject to a litigation hold, specific records request, subpoena, or similar situation. Until such recorded media is deleted or purged at an appropriate time, the District shall maintain at least one copy of the media that remains unaltered and unedited. The Superintendent, Director of Technology Services, and building principals shall be the primary individuals who have authority to access and view images or other media captured by the District’s video surveillance/ electronic monitoring equipment. These primary authorized individuals may approve other staff members or persons who are performing an institutional function on behalf of the District to access/view such media, with any restrictions/limitations that are appropriate to the specific circumstance. No person may access or view such media unless they have obtained express approval and have a legitimate purpose for doing so.
SCHOOL DISTRICT OF CUBA CITY
Policy 731.3 Page 2 of 2
Use of Security Cameras and Electronic Monitoring Equipment All third-party requests to view, access, or obtain copies of images or other media captured by video surveillance/electronic monitoring equipment, including requests from law enforcement personnel, shall be handled via established procedures for responding to requests for access to District records, including (but not limited to) procedures for requests related to personally-identifiable student records, personnel records, and general public records. Prohibited Conduct Any student who takes action to disable, disrupt, block, move, or alter any electronic monitoring equipment (including altering its viewing angle or changing its field of view) is subject to possible disciplinary action, up to and including possible expulsion. A District employee shall be subject to possible disciplinary action, up to and including termination, if he/she (1) without express administrative authorization, takes action to disable, disrupt, block, move, or alter any electronic monitoring equipment, or (2) uses electronic monitoring equipment, recordings, or transmissions without authorization or in a manner that is inconsistent with applicable law, this policy, or any other Board policy or regulation. Policy Applicability With the exception of this paragraph, this policy is not intended to directly address the use of video surveillance or electronic monitoring equipment on any contracted vehicles that are used to provide student transportation. The terms and conditions of the operation of such equipment on contracted vehicles by the contractor, if any, shall be addressed in the relevant contract or in an addendum thereto. This policy does not address or cover instances where District employees or agents record a specific event (e.g., a play, music performance, athletic contest, graduation, or Board meeting), or an isolated instance where, with appropriate authorization, a classroom or school activity is videotaped for educational, instructional, or research purposes. Legal References: Wisconsin Statutes Subchapter II of Ch. 19 Section 118.125 Section 175.22 Section 942.08 Section 995.50
[public records and official property, including information on retention schedules and contractor records] [state student records law] [privacy in locker room policy] [invasion of privacy] [right of privacy]
Federal Laws and Regulations: FERPA regulations
[regulations under the Family Educational Rights and Privacy Act]
Cross References: Policy 363.2, Acceptable Use and Internet Safety Policy Policy 409, Pupil Records Policy 731.1, Locker Room Privacy Policy 880, Media Policy ADOPTED: 5/18/16 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 733 Page 1 of 1
Energy Conservation It is the policy of the Board to conserve energy to the extent compatible with the District’s educational goals. The implementation of this policy is the joint responsibility of administrators, teachers, students, support personnel, and the public using district facilities, and its success is based on cooperation at all levels. The Superintendent will maintain accurate records of energy use and results from conservation programs. The Director of Buildings and Grounds will provide leadership and support for energy management conservation, including implementation of energy audits and conservation programs. To ensure the overall success of the energy management program, the following specific areas of emphasis will be adopted: 1. Every student, employee, and user of district facilities should contribute to energy efficiency. 2. All unnecessary lighting in unoccupied areas will be turned off. 3. The custodial staff at each school will be responsible for shutdown of the facility when closed each evening. 4. Established standards for acceptable indoor air quality will be maintained. 5. Proper preventative maintenance of HVAC units will be performed. 6. Tasks to prevent and respond to water intrusions within buildings will be performed, including maintaining proper drainage around buildings. The Superintendent and/or his/her designee shall develop short and long-range strategies in the areas of facilities management and curriculum development that address energy awareness and conservation. ADOPTED: 10/20/09 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 750 Page 1 of 4
Pupil Transportation Transportation service shall be provided in accord with Wisconsin law and the resolution to provide transportation at each annual school meeting. The contracted provider of pupil transportation shall oversee the routing and scheduling of buses, and determine that state statutes have been met with respect to driver qualification and health, inspection of buses, insurance, and cleanliness of vehicles. The provider of transportation and administration shall develop procedures and rules to provide for the safety of pupils, to govern bus operation, and to enumerate the type of behavior desired of pupils and drivers. Said rules shall be approved by the Board of Education and be considered a part of administrative procedures. Routes and procedures Bus routes and procedures shall be presented to the administration for approval. While it may be feasible and practical in some instances to pick up pupils in their driveways or in front of their homes, the Board of Education does not subscribe to a general policy of door-to-door pickup. Pupils shall be expected to walk a reasonable distance where unsafe conditions prevail for the bus or its passengers or where it would be uneconomical or otherwise illogical to stop. Bus stops shall be designated to provide safe, efficient, and equitable routes which will keep pupils on the buses a minimal amount of time. Normally, pupils shall not exceed one hour on a bus. Bus stops should not be located:
On the downside of a steep hill. Where the view is obstructed in either direction. Along a no-passing zone.
Ridership Eligibility for Students within the City of Cuba City School District The following rule applies to the families reside in the City of Cuba City. Students who are in kindergarten or pre-school may ride the School District of Cuba City’s busses to and from school. Students in first grade or older will not be eligible to ride. The only exceptions would be considered for those locations within the city that are deemed hazardous or if a parent selects the pay to ride option. Pay-to-Ride Option Pay-to-ride option allows parents the choice to have their children ride the bus from school to home or a daycare or vice versa. The daycare and/or their home must be located at an existing bus stop. If not, the student will be picked up/dropped off at the nearest location of either their home or daycare. This choice will be allowed only if there are available seats on the existing bus route and that no additional expenses are accrued by the School District of Cuba City.
SCHOOL DISTRICT OF CUBA CITY
Policy 750 Page 2 of 4
Pupil Transportation Exemption Requests to the Pay-to-Ride Option Parents/guardians with children in first and/or second grade may request an exemption from the pay-to-ride option. The request(s) must be made in writing and sent to the superintendent of the School District of Cuba City for consideration. Exemption request(s) will have to meet the four criteria to be considered for approval: 1. The superintendent may waive the pay-to-ride option fee or any portion of the fee for any person who is unable to pay the fee (per WI Statute 121.545 – the details of the statute may be found at http://docs.legis.wisconsin.gov/statutes/statutes/121/IV/545, 2. There is available seating on the requested bus route, 3. The request(s) would not create an additional cost to the District’s transportation system, 4. The pick-up and/or drop off location must be an existing location used by the District’s bus company. Transportation to Accommodate Child Care Needs of those students who are eligible to ride the School District of Cuba City Transportation Services The School District of Cuba City may provide transportation for child care needs under the following conditions: 1. There must be space available on the bus in question. In the event that space becomes unavailable, students whom the district is required to transport shall have priority. If such a change becomes necessary, the district or its bus contractor will notify the parents of the necessity to discontinue transportation. 2. The parent(s) or guardian(s) must contact the busing contractor to request consideration for this service. 3. The parent(s) or guardians(s) must make all necessary arrangements with the child care provider. 4. The location of the child care provider must be on an existing route and may not cause any variations of the route or additional mileage. 5. Transportation will be to or from either the residence or a designated babysitter in the district. The child may have one additional pick up or drop off point that is different from the home address. 6. The drop off/pick up point may not vary during the week unless there is a consistent pattern such as every Tuesday and Thursday. 7. The child must plan to ride the bus on a daily basis for a full semester or the full year. Students who attend 4K and Kindergarten will be dropped off only where a responsible person is at the stop. If a responsible person is not visibly present and attempts to reach the responsible person fail, the student shall be returned to the school. The school will contact the parent(s). A second incidence of no responsible adult being present will result in the suspension of the transportation the principal may reinstate the transportation after a meeting with the parent(s). There is a minimum 24 hour reinstatement period.
SCHOOL DISTRICT OF CUBA CITY
Policy 750 Page 3 of 4
Pupil Transportation Ridership Rules for Private School Students (St. Rose/HG-IC) who open enroll to either Parish. Students who open enroll into either the HG-IC or the St. Rose Elementary School will be allowed to ride the School District of Cuba City busses if their residence is situated along an existing bus route or bus pickup/drop off location. If the student’s residence is not located on either a route or pick-up/drop off location, the student may be picked up/dropped off at the nearest existing bus stop location. This includes the option for those students who attend HG-IC in Dickeyville, yet request to ride the shuttle bus to and from the HG-IC schools in Dickeyville and Kieler. Each of these scenarios will be allowed only if there is available seats on the existing bus route and that no additional expenses are accrued by the School District of Cuba City. Parents who wish to receive these bus transportation services for their children who open enroll into either HG-IC or the St. Rose Elementary School must submit their written request to the superintendent of the School District of Cuba City. Each request will be reviewed by the superintendent and the transportation director for the School District of Cuba City. If approved by both parties, a signed letter indicating this exception will be allowed will be sent to the parents, the administrators at HG-IC and St. Rose and will be kept on file at the School District of Cuba City. Suspensions The authority to suspend a pupil temporarily from riding a bus is vested with the administration. Bus drivers or contractors may not deprive a pupil of transportation privileges. Suspension of more than one week shall be authorized by the Board of Education only. Temporary suspensions may be appealed by parents to the superintendent. In situations where there is a sudden, immediate, and grave threat to health and safety caused by the actions of one or more pupils, the driver may eject the pupil or pupils from the bus. In the exercise of such extreme measures, the driver must take care to see that any student ejected is not exposed to harm or injury. The driver must report the incident to the pupil’s parents immediately and file a report with pupil’s building principal. Alternate transportation must be provided within a reasonable amount of time. Transportation for open enrollment students shall be provided from a scheduled stop on a regular route within the district. The administration may authorize transportation for pupils who may attend either as participants or as spectators school-sponsored or school-related events in connection with such activities as athletics, music, drama, etc. Pupils’ parents, authorized chaperons, school district officer, faculty, and employees may be included as passengers. Pupils representing the district in activities such as athletics, musical events, drama, etc., shall be provided transportation by the district.
SCHOOL DISTRICT OF CUBA CITY
Policy 750 Page 4 of 4
Pupil Transportation In the case of a class field trip or extra-curricular trip, the staff member will make every effort to utilize school bus transportation, rather than private or school-owned vehicle use. The use of private vehicle transportation of students is to be discouraged. If this should become necessary, the driver/owner of this vehicle will be asked to show evidence of safe driving record, vehicle insurability, and insurance coverage.
Whenever practical, a bus shall be used. When use of a bus is not practical, the building principal may authorize a district or private vehicle. In all such instances, the driver shall be a district employee or a non-student adult authorized by the principal. Pupils who refuse or who otherwise do not use official district transportation to an activity may not participate or represent their school in said activity, without previous arrangements, and parental and coach permission.
Pupils are expected to pay the transportation costs involved in such activities as spectator buses and club trips. Pupils riding to such events shall return via the transportation provided unless excused by a written parental note approved by the principal/event supervisor. Drivers of a district-owned vehicle will provide evidence to the superintendent of the following before being allowed to operate a district-owned vehicle: 1. Proof of a valid and current driver’s license. 2. The driver may be required to submit evidence concerning possible moving traffic violations. Having violations may be reason to deny the driver. 3. Upon a request of the superintendent to participate in a drive safety training course. The components of this training will be test drive of school vehicle, inclement weather driving and basic first aid. All field trips and extra-curricular activity trips will be pre-approved by the building principal. In case of inclement weather/unsafe driving conditions, before/after school or on a day when school is not in session, the driver will call the principal or superintendent for permission to depart on the trip no earlier than one hour before leaving. ADOPTED: 8/11/98 AMENDED: 12/20/05, 11/28/06, 8/20/14 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 751 Page 1 of 1
Bus Contractors and Contracts All vehicles used by contractors to transport pupils shall meet or exceed the specifications, requirements, and inspection standards prescribed by Wisconsin Statutes, the Wisconsin Administrative Code, and by federal regulations. All vehicles used by the contractor, including buses, vans and regular automobiles used to transport pupils, must pass the annual inspection conducted by the Department of Transportation, School Bus Inspection Division. Vehicles failing to pass inspection, or not subject to such inspection, cannot be used to transport children until inspection is successfully completed. The sale of a transportation vehicle by a contractor to another contractor or individual does not constitute the sale of a bus route. The Board of Education reserves the right to contract for pupil transportation services and assign routes. Bus contractors and drivers must comply with the instructions given by the Board of Education and its designees regarding routes, schedules, loading and unloading, pupil behavior, the filing of reports, etc. The authority to send buses out in the morning and to dismiss school early is vested with the superintendent or designee. Road conditions on a given day vary greatly in the district. Bus drivers must always place the safety of children foremost and, as such, shall not travel on specific roads, parts thereof, or in driveways when they consider such action hazardous to the safety of the bus or its occupants. The superintendent shall be the Board of Education designee to meet with the contractors regarding rates and other contract matters. All rates and contract matters shall be presented to the Board of Education for approval. ADOPTED: 12/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 760 Page 1 of 8
Vehicle Safety Purpose The purpose of this policy is to ensure the safety of those individuals who drive District vehicles. Vehicle accidents are costly to the School District of Cuba City, but more importantly, they may result in injury to you or others. It is the driver’s responsibility to operate the vehicle in a safe manner and to drive defensively to prevent injuries and property damage. As such, the School District of Cuba City endorses all applicable state motor vehicle regulations relating to driver responsibility. The District expects each driver to drive in a safe and courteous manner pursuant to the following safety rules. The attitude you take when behind the wheel is the single most important factor in driving safely. All potential employees will complete a job application provided by the School District of Cuba City. The application is the main source of information about the candidate and will help determine if the candidate has the minimum qualifications and the background needed for this position. In the event that an employee is involved in an accident while driving his/her own vehicle on school district business, the School District of Cuba City MAY be liable if the employee does not have personal vehicle insurance or if the loss exceeds the employee’s personal vehicle policy limits. Employees who use their personal vehicle for school district business are required to carry adequate limits of liability, with a suggested minimum of $100,000 for property damage and $300,000 for bodily injury. A copy of the declaration page of the employee’s personal automobile insurance policy must be provided to the Superintendent or his designee annually at the renewal date. Drivers must have a valid driver’s license for the type of vehicle to be operated, and keep the license(s) with them at all times while driving. Selecting Safe Drivers to Operate the School District of Cuba City Vehicles 1. The Cuba City School District will secure information from each perspective or current employee who may drive for school district business. This will be achieved by having the perspective employee complete the District’s application for employment, submitting a copy of their driver’s license and agreeing to the release of their Motor Vehicle Records (MVR) from the Department of Transportation by completing and signing the District’s Employee Authorization for MVR review. 2. The District will review the individual’s application information and discuss the details with the employee regarding accidents and moving violations. 3. All information secured by the District should be shared with the new hire or current employee and alerted to the fact that a review will be performed on an annual basis. This process will provide an understanding of how the information is being secured and reviewed by the School District of Cuba City. Furthermore, it will emphasize that they will be held accountable for their driving experience. Diver Eligibility The School District of Cuba City vehicles are to be driven by authorized employees and volunteers of the District only, except in emergencies, or in case of repair testing by a mechanic. Spouses and other family members are not authorized to drive the District’s vehicles. Motor Vehicle Records will be ordered periodically to assess employees’ driving records. An unfavorable record will result in a loss of the privilege of driving a District vehicle. Any employee who has a driver’s license revoked or suspended shall immediately notify the superintendent or his/her designee, and discontinue operation of the District vehicles. Failure to do so may result in disciplinary action.
SCHOOL DISTRICT OF CUBA CITY
Policy 760 Page 2 of 8
Vehicle Safety All accidents regardless of severity must be reported to the police and to the superintendent or his/her designee. Failing to stop after an accident and/or failure to report an accident may result in disciplinary action. No unauthorized personnel (e.g. Hitch hikers) are allowed to ride in District-owned vehicles. Motor Vehicle Records (MVR’s) All new employees or applicants will be required to submit a complete current MVR report less than 30 days old to the superintendent or his/her designee. MVR’s will be obtained annually and used as the foundation for selecting employees who will be allowed to operate a District vehicle. The review of these reports is important when hiring a new employee and allowing current employees to drive District vehicles, as their past driving record affords one of the best clues to their performance as a safe, dependable driver. Past experience has shown a high correlation between poor driving records and accident frequency. A new employee shall not be allowed to drive a District vehicle until his/her MVR is obtained and favorable results are noted. Annual review of the MVR’s may result in the determination of whether an employee can continue to drive a District vehicle. MVR Review Criteria
ALL TYPE ‘A’ VIOLATIONS (as defined below) WILL RESULT IN TERMINATION OF DRIVING PRIVILEGES FOR EMPLOYEES AND WILL DISQUALIFY ANY POTENTIAL DRIVER EMPLOYEES. ANY DRIVERS (EMPLOYEES OR APPLICANTS) SHOWING ONE OF THE FOLLOWING WILL BE RESTRICTED FROM DRIVING THE SCHOOL DISTRICT OF CUBA CITY VEHICLES: One (1) or more types ‘A’ Violations in the past three years Three (3) or more accidents regardless of fault in the last three years Three (3) or more ‘B’ violations in the past three years Any combination of accidents and type ‘B’ violations which equal four (4) or more in the last three years
Type ‘A’ Violations: Driving while intoxicated Driving while under the influence of drugs Negligent homicide arising out of the use of a motor vehicle (gross negligence) Operating during a period of suspension or revocation Using a motor vehicle for the commission of a felony Aggravated assault with a motor vehicle Operating a motor vehicle without the owners authority (grand theft) Permitting an unlicensed person to drive Reckless driving Speed contest (racing) Hit and run (bodily injury or property damage) Type ‘B’ Violations: All moving violations not listed as type ‘A’ Violations.
SCHOOL DISTRICT OF CUBA CITY
Policy 760 Page 3 of 8
Vehicle Safety Accident Investigation Every accident should be reported, investigated and reviewed. The primary purpose of investigating an accident is to find out the cause and initiate action to eliminate or control it. Another purpose is to obtain information to be used in determining whether the accident is preventable or non-preventable. Any employee who is in any kind of accident must:
Take immediate action to prevent further damage or injury at the scene of the accident; Call the Police (if someone is injured, request medical assistance); Exchange information: exchange “traffic accident information” with the other driver(s). You should give identifying information to the other party involved, but should not make any comments about assuming responsibility;
Get witnesses: secure names and addresses of all witnesses Complete reports: print legibly, follow instructions, answer all questions completely (if unable to answer any question, mark “not known”), use additional sheets of paper if space is lacking for necessary information; Contact the Superintendent or his designee with all information and accident forms.
Do’s and Don’ts in Case You Are Involve in an Accident
Don’t “make a deal” for damages Don’t leave the scene of even minor accidents Don’t accept an offer of cash or private settlement Don’t offer to pay anything even if you think you are at fault Do (when conditions permit) move to the shoulder or other “safe area” to prevent further damage Do ask someone to summon police and seek medical assistance Do remember the three (3) C’s: Calm, Courteous, Consistent of your version of the accident Do obtain complete information from those involved Do complete the Accident Investigation form Do obtain the names of the witnesses including addresses and phone numbers Do notify the School District of Cuba City as soon as possible.
Safety Rules The following are safe driving rules which must be followed:
Do not take chances. To arrive safely is more important than to arrive on time. Drivers should be mentally and physically rested and alert prior to each trip. Drinking of alcoholic beverages while driving, or driving while under the influence of alcohol or restricted drugs is prohibited and disciplinary action will be enforced. Drivers must have a valid driver’s license for the type of vehicle to be operated, and keep the license(s) with them at all times while driving. Traffic laws must be obeyed. Speed shall never be faster than a rate consistent with existing speed laws and road, traffic and weather conditions. Posted speed limits must be obeyed. All drivers operating and passengers riding in district vehicles must wear seat belts, even if air bags are available. Drivers are responsible for the security of district vehicles assigned to them. The vehicle engine must be shut off, ignition keys removed and vehicle doors locked whenever the vehicle is left unattended.
SCHOOL DISTRICT OF CUBA CITY
Policy 760 Page 4 of 8
Vehicle Safety
Headlights shall be used ½ hour after sunset and ½ hour before sunrise or during inclement weather or at any time when a distance of 500 feet ahead of the vehicle cannot be seen clearly.
Defensive Driving Rules
Drivers are required to maintain a safe following distance at all times. To estimate your following distance, pick a stationary object ahead of you. As the vehicle in front of you passes the object, begin counting 1001, 1002, 1003, etc. until you reach the same object. This counts the number of seconds between you and the vehicle ahead of you. - Drivers of passenger vehicles should keep a two-second interval between their vehicle and the vehicle immediately in front of them. - Drivers of heavy trucks should keep a minimum of three-second interval when not carrying cargo; and at least four seconds when fully loaded.
Drivers must yield the right-of-way at all traffic control signals and signs requiring them to do so. Drivers should also be prepared to yield for safety’s sake at any time. Avoid driving in other driver’s blind spots; attempt to maintain eye contact with the other driver, either directly or indirectly through mirrors. Drivers must honor posted speed limits. In adverse driving conditions, reduce speed to a safe operating speed that is consistent with the conditions of the road, weather, lighting, and volume of traffic. Turn signals must be used to show where you are heading; while going into traffic and before every turn or lane change. When passing or changing lanes, view the entire vehicle in your rear view mirror before pulling back into the lane. Be cautious when backing up. Walk around your vehicle and know your surroundings before backing up.
Vehicle Maintenance Proper vehicle maintenance is a basic element of any fleet safety program, not only to ensure a safe, roadworthy vehicle, but also to avoid costly repair expenses and unexpected breakdowns.
Registration and Inspection is the responsibility of the Buildings and Grounds Supervisor of the School District of Cuba City. In addition to inspections required by law for passenger vehicles, routine inspections of critical items, such as brakes, lights, tires, wipers, etc. must also be completed by the Buildings and Grounds Supervisor of the School District of Cuba City. The vehicle should be cleaned (interior and exterior) regularly to help maintain its good appearance. A clean vehicle makes a good impression on the community. The vehicle manufacturer’s maintenance schedule should be referenced and closely followed regarding recommended maintenance intervals.
Cell Phone Usage Every effort should be made to avoid the need to use a cellular phone while operating a school district vehicle. Drivers are to plan, as much as possible, the need to initiate phone calls in order to avoid doing so while driving. Hand-held cellular or mobile phones may not be used while operating a District vehicle. When a driver receives a call on a hand-held cell phone, greet the caller and ask him or her to hold momentarily while the
SCHOOL DISTRICT OF CUBA CITY
Policy 760 Page 5 of 8
Vehicle Safety driver proceeds to safely and legally park the vehicle, and then continue the conversation. If the driver is in traffic where moving to a legal parking area will take more than a few seconds, ask the caller to call again in 10 or 15 minutes so the driver can provide undivided attention to the conversation. The exception to this is that “hands-free” cellular phones may be used by employees driving District vehicles when calls must be made for school business or emergency purposes and then only if such operation, in the employee’s opinion, can be done safely. Traffic and weather conditions, among others, should be considered. “Voice-activated” dialing is preferred and should be used if available. Calls should be kept to the minimum number and duration possible.
SCHOOL DISTRICT OF CUBA CITY
Policy 760 Page 6 of 8
Vehicle Safety FAIR CREDIT REPORTING ACT DISCLOSURE STATEMENT EMPLOYEE AUTHORIZATION FOR MVR REVIEW In accordance with the provisions of Section 604(b)(2)(A) of the Fair Credit Reporting Act, (Public Law 91508), as amended by the Consumer Credit Reporting Act of 1996 (Title II, Subtitle D, Chapter I, of Public Law 104-208), you are being informed that a department of motor vehicle report will be obtained on you for the purpose of determining your eligibility to drive District-owned vehicles of the School District of Cuba City. I acknowledge notification of the above disclosure and authorize my employer or its designated agent to obtain a Motor Vehicle Record report. I understand that the School District of Cuba City will periodically review my Motor Vehicle Record to determine continued eligibility to drive a District vehicle. This authorization is valid as long as I am an employee and may only be rescinded in writing. I acknowledge that the information contained in the School District of Cuba City Motor Vehicle Fleet Safety Policy has been reviewed with me and a copy of the policy and driver rules has been furnished to me. As a driver of a District vehicle, I understand that it is my responsibility to operate the vehicle in a safe manner and to drive defensively to prevent injuries and property damage.
_________________________________________________ Employee’s Signature
________________________ Date
_________________________________________________ Printed Name
_________________________________________________ Driver’s License Number
________________________ State Issued
_________________________________________________ Reviewer’s Signature (Sign and retain the original in the employee’s file)
________________________ Date
SCHOOL DISTRICT OF CUBA CITY Vehicle Safety
Policy 760 Page 7 of 8
VEHICLE SAFETY INSPECTION REPORT
Location: ______________________________________
Date: ___________________________
Make: ______________________ Year: _____________
No.: ____________________________
Model: ________________________________________
Mileage: ________________________
Check each item
Needs Attn
Needs Attn
OK
OK
Instrument/Gauges
________ ________
Steering
________ ________
Horn
________ ________
Brake System
________ ________
Windows/Windshield
________ ________
Battery
________ ________
Rear/Side View Mirrors
________ ________
Radiator & Hoses
________ ________
Windshield Wipers/Washers ________ ________
Exhaust System
________ ________
Speedometer
________ ________
Suspension
________ ________
Seat Belts
________ ________
Fuel System
________ ________
Seats/Upholstery
________ ________
Oil/Water Leaks
________ ________
Heater/Defroster
________ ________
Oil Level
________ ________
Headlights
________ ________
Water Level
________ ________
Turn Signals
________ ________
Transmission
________ ________
Brake Lights
________ ________
Engine Performance
________ ________
Tail lights/Reflectors
________ ________
Tires & Rims
________ ________
Safety Equipment
________ ________
General Condition of Body:
Good
Fair
Vehicle Accident Report Packet in glove compartment?
Poor Yes
No
Comments: ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ______________________________________________ Inspected by (Buildings & Grounds Staff member)
_______________________ Date
SCHOOL DISTRICT OF CUBA CITY
Policy 760 Page 8 of 8
Vehicle Safety VEHICLE SAFETY INSPECTION GUIDELINES 1. Brakes – Parking Brake and Transmission (Park) Mechanism; park on a fairly steep hill and hold care with the parking brake only. This checks holding ability. For automatic transmissions, check (park) by releasing all brakes after moving the shift lever to “P”. Brakes: repeated pulling to one side when braking, strange sounds or increased brake pedal travel indicate brake problems. Have the system inspected at once and repaired if needed. INSPECT BRAKES MORE OFTEN IF CONDITIONS OR HABITS RESULT IN FREQUENT BRAKING. 2. Steering and Suspension System – Steering; be alert for any changes in steering action. Inspection or service is needed when the steering wheel is hard to turn or has too much free play, or when strange sounds occur during turning or parking. Suspension System; uneven or abnormal tire wear, or a pull right or left on a straight and level roadway may show the need for a wheel alignment. A vibration of the steering wheel or seat at normal highway speeds may mean that wheel balance is needed. 3. Tires and Wheels – Tires mounted on passenger automobiles, pick-up trucks and light duty vans must have at least 2/32 inch (1.6 mm) tread depth at all points in all major grooves. Tires must not be used which have un-repaired fabric breaks, exposed or damaged cord, bumps, bulges, or cuts that measure more than one (1) inch (25 mm) in length. 4. Lights – Check license plate lights, side marker lights, headlights, parking lights, tail lights, brake lights, turn signals, back-up lights and hazard warning flashers. Have headlights aim adjusted if the beam is improperly aimed. 5. Windshield and Windows – Replace or repair broken, scratched or damaged glass that reduces vision or could cause injury. Keep all glass clean for best visibility. 6. Windshield Wipers – Check operation and condition of the wiper blades and the flow and aim of the washer spray. 7. Mirrors – Make sure all mirrors are properly adjusted, including inside and outside. Make sure you just barely frame the vehicle on the inside view from the mirror. 8. Horn – Sound horn now and then to make sure it works. Check all button locations. ADOPTED: 9/15/15 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 811 Page 1 of 1
Citizen Committees Advisory committees of local citizens may be organized from time to time by the Board of Education to help solve specific problems confronting the schools, to explain educational needs to the community, or to provide a vehicle for the exchange of ideas and information between school officials and the community. Committee members, however selected, shall represent the entire school district rather than special interest groups. Size and specific make-up of committees will depend upon the purpose. The function and role of each committee will be explained by the Board of Education. The committee itself will be primarily responsible for its organization and mode of operation. The Board of Education reserves the right to accept, reject, and modify recommendations. When the specific task of an advisory committee is completed, the committee will be disbanded. The administration may use citizen committees to obtain advice concerning issues affecting the district. ADOPTED: 12/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 812 Page 1 of 1
School Activities on Sunday It is and always has been the philosophy of the School District of Cuba City that Sunday is and should be family day; therefore, it is our policy to restrict all school activities on Sunday. There will be no school activities on Sunday. The following are excluded:
Practice for athletics may be held on Sunday only if there is an athletic contest in the sport holding the practice on Monday or Tuesday of the following week, and then practice must be scheduled after 1:30 p.m. and end by 9:00 p.m. No activities may be scheduled without first consulting with the building principal. Activities may be held only at the varsity level. Any other exemptions shall be approved by the superintendent.
ADOPTED: 12/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 813 Page 1 of 1
Work for Community Groups or Organizations The schools are a tax supported institution to educate children and, as such, should not compete with private business nor serve private interests. Pupils shall not perform services or work for non-school groups or organizations except where said activities are related to their education and comply with policy of the Board of Education or approval. Use of the copy machine by groups or organizations All printing and copying shall be confined to pupil learning and district needs. Printing for the district shall have an educational value. ADOPTED: 12/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 820 Page 1 of 1
Information Program The Board of Education believes that the public is entitled to information concerning its policies, actions, programs, and plans regarding the operation of the schools. The superintendent and designees shall conduct a continuous information program designed to acquaint the citizens of the district with the status, requirements, and achievements of the schools. The superintendent shall be responsible for: 1. 2. 3. 4.
News releases and the publication of educational reports. The presentation of school groups on radio and television. The interpretation of the schools to the citizens. The preparation of special programs for citizen entertainment and understanding.
The superintendent is authorized to arrange for the participation of school groups in educational exhibits and functions at the local and state levels within the limitations of the budget. ADOPTED: 12/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 821 Page 1 of 1
School Personnel and Public Relations All school district employees contribute consciously or unconsciously to the image of the schools and, thus, play an important role in public relations. It is the responsibility of all district employees to observe the following guidelines:
To acquaint citizens with the functions and programs of the school. To investigate all complaints carefully and to give courteous and thoughtful consideration to all inquiries and suggestions. To cooperate with school related groups seeking information or offering assistance to the schools. To relate to pupils with understanding, fairness, sympathy, and maturity. To observe intra-staff relationships in a manner that is ethical, conducive to high morale, and worthy of the respect of pupils and parents.
ADOPTED: 12/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 830 Page 1 of 2
Use of School Facilities The Board of Education recognizes that the citizens of the district have a large capital investment in buildings and facilities and thus encourages organizations and groups of citizens residing in the district to use school facilities for educational, recreational, and civic activities. Individuals or groups will be responsible for reimbursement for damage or losses. School district facilities may be used by the youth of the district, by school-related groups and organizations, by other responsible citizen groups under conditions prescribed by Wisconsin Statutes 120.12, 13 and policy of the Board of Education and by employees for private monetary gain, provided that the employee provides the appropriate insurance(s). The requirements of the pupils and the school program shall be given first priority. Use of facilities by community groups must not interfere with school programs or activities. School facilities shall not be used by individuals or groups who intend to use the facility for purposes counter to the schools mission and purpose. Recreational vehicles are not allowed on school property. Rules for use of school facilities: 1. Meetings or activities shall not violate any local, state, or federal law. 2. You must be 18 years of age or older and no longer attending high school to use the facility. There must be someone 18 years or older at all time in the building. 3. Whoever rents the facility is solely responsible for any and all damage. 4. If you see any damage, immediately notify school personnel. 5. Absolutely NO smoking, alcohol or illicit drugs in the school or on the grounds. 6. The showers are not to be used. 7. Current students must be supervised by a parent or adult approved by the school principal. 8. Groups granted use of school facilities are to restore rooms to their original condition and be responsible for repairing any damage to property or equipment. 9. No food or drink is allowed in the gym, including pop. 10. Gym shoes must be worn by all participants in sports or games in the gymnasium. 11. Putting up decorations, scenery, or moving pianos or any other furniture is not permitted unless special arrangements are made in advance. Facilities, except under unusual circumstances, will not be made available on Sundays or holidays. The facilities shall not be used later than 10:00 p.m. unless special arrangements are made. A school employee, normally a custodian, shall be present whenever school facilities are used by a non-school group regardless of purpose or intent except that the superintendent may waive this requirement when schools are used by approved youth groups. A food service employee must be present any time the school kitchen equipment is used. Permission may be given for the cook to only being required for starting up and shutting down. The Board of Education or its representatives do not assume responsibility for property left on the premises by user. The Board of Education does not assume responsibility for injury that may occur to persons while using school facilities.
SCHOOL DISTRICT OF CUBA CITY
Policy 830 Page 2 of 2
Use of School Facilities Rental Fees The superintendent and/or designees are authorized to make all arrangements, to determine fees, and to establish standards of supervision in accordance with policies of the Board of Education. Rental fees shall not be charged for the use of school facilities in the following situations:
1. Use by school organizations or groups. 2. Use by school-related organizations and approved youth groups. 3. Use by nonpartisan, nonsectarian, nonexclusive associations of citizens for the discussion of public questions or the promotion of public health, recreation or adult education. Rental charges shall be made for the use of school facilities when used by citizen groups or organizations, whether profit or non-profit in nature, that do not meet the above criteria. Fees for the rental of facilities shall be paid to the business office prior to use of the facilities. The following fee schedule, plus the cost of school personnel shall be applied to facilities rented at both the high school and elementary school.
all-purpose rooms: $25 per evening or half day dining room: $25 per evening or half day kitchen: $25 per evening or half day gymnasium: $125 per evening or half day
See, Policy 830A, Building Usage Forms ADOPTED: 12/20/05 AMENDED: 11/20/12 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 830 A Page 1 of 2
Use of School Facilities BUILDING USAGE PERMIT CUBA CITY PUBLIC SCHOOLS Wisconsin Statutes 120.13(17) permits the temporary use of school facilities to any responsible person for any lawful non-school purpose if such does not interfere with use for school purposes or school related functions. In granting the use of the school facilities, the School District is allowing the permittee to use space as identified below. It is agreed that the School District is not endorsing or supervising the activities of permittee(s). The owner grants this permit subject to the following conditions, restrictions and exceptions which are agreed to and accepted by the Permittee(s). Request for use of the following facility: _______________________________ Room: ______________ Purpose: _____________________________________________________________________________ Date(s), Day(s), and Time(s): _____________________________________________________________ Name of group or organization: ___________________________________________________________ Supervisor or person responsible: _____________________________________ Phone: _____________ RULES & REGULATIONS
1. The leasee must be 18 years of age or older and no longer attending high school and personally be there to supervise. 2. The leasee is solely responsible for all property damage incurred and report damages immediately. 3. Smoking or use of alcohol or controlled substances are not permitted in buildings or on school grounds per Wisconsin statutes. 4. All children in or outside must be supervised at all times. Use only requested designated area. No loitering in corridors or other classrooms. 5. Use is granted only when the premises are not being used for school events and activities. Regular school activities have priority for all space. 6. Rental or user fees may be assessed for school facilities for non-school organizations according to school policy. 7. The leasee agrees to hold the district harmless of any claim, cause of action, damage, accident, injury or liability caused by use of the facility. By signing this permit, the leasee agrees to this liability. 8. The leasee agrees not to discriminate against anyone because of sex, race, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability or handicap. 9. This permit immediately terminates without advanced notice if leasee does not abide by the rules and regulations agreed upon in this contract. 10. Violations of the building use contract may cause denial of future contracts. 11. No equipment may be loaned for individual or personal use.
SCHOOL DISTRICT OF CUBA CITY
Policy 830 A Page 2 of 2
Use of School Facilities
12. Under special circumstances the superintendent may authorize the use of equipment temporarily by civic, governmental, or non-profit organizations. 13. Organizations wishing to bring unusual equipment, material, animals, etc., must present proper insurance coverage to the Principal or Superintendent with a save “harmless” clause protecting the Board of Education. 14. All equipment, decorations, etc., provided by the leasee, shall be immediately removed from premises at conclusion of the event. 15. A school custodian or other appropriate staff member, whose time will be billed to the organization, is required to be on duty during the use of any school facility. Departure time should be included in total use hours. A facility may not be made available if there is not sufficient time allowed from date of request to locate and/or assign required staff. 16. For kitchen use, a school cook should be on duty during the event. Permission may be given for the cook to only be required for starting up and shutting down the ovens. 17. School facilities will not be available for use on legal holidays. 18. If the application is approved, the user will assume responsibility for orderly and careful use of the school facility, including supervision of spectators and contestants. 19. The leasee should maintain a reasonably clean and safe area and work with the custodian to that end. 20. Since the Board of Education is charged by law with the responsibility for school facilities, it must reserve the right to deny the use of school facilities when the Board of Education deems it necessary. 21. If school is cancelled due to weather, snow emergency, etc. this contract is void. 22. The school must be notified within 10 school days if the event is canceled. 23. Damage resulting from the use of the facility will be paid for by the leasee. 24. The leasee may have to pay for installation of outdoor toilet facilities should their event warrant such action. 25. Facility is generally not to be used after 10:00 p.m. or on days when the building is not opened by school personnel. Keys may be checked out to authorized personnel. NAME: __________________________________ User (please print)
______________________________________________ Signed (Principal or Designee) Date
Address: __________________________________ City: _______________________ Zip: _________ Telephone: (____)___________________________ Signed: ___________________________________ (Person Responsible for the Activity)
______________________________________ Date
This contract is to be signed by all above named parties before being sent to the Building Principal for processing. Copies will be returned to the Maintenance Supervisor and the user.
SCHOOL DISTRICT OF CUBA CITY
Policy 830.1 Page 1 of 1
Lending of School Equipment The board of education holds school property and equipment in trust for the public at large. Thus, the use of school equipment by groups or organizations is discouraged. No equipment may be loaned for individual or personal use. Under special circumstances the superintendent may authorize the use of equipment temporarily by civic, governmental, or non-profit. ADOPTED: 12/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 833 Page 1 of 1
Conduct on School Property The public is invited to attend and use the school facilities. All should maintain a minimum decorum that reflects positively for the youth and school community. In accordance with sound educational philosophies, the following regulations shall apply to conduct of students and adults on school property and at any school function: a. The consumption or possession of alcohol or illegal drugs on school grounds or at any activity shall be prohibited. b. No person shall be in an impaired condition as the result of the use of alcohol or drugs. c. No person shall engage in any illegal activity. d. No person shall engage in any activity that may endanger others. e. No person shall threaten or harass another. f.
Use of vulgar, profane, or abusive language is prohibited.
g. No person shall destroy school property. h. No person shall fail or refuse to comply with instructions or directions given by the school official or designee. i.
Any activity, action, or conduct not conducive to acceptable social behavior is prohibited.
Any violation of the above regulations may result in the dismissal from the function by a school official or designee. It shall be the sole discretion of the school official or designee to expel anyone for the above reasons. Depending upon the severity of the infraction, further action may be taken by the administration and/or Board of Education and/or a referral or complaint to law enforcement officials may be made. Any prohibition from attendance by a public member for more than one additional activity shall be by action of the Board of Education. ADOPTED: 2/11/03 AMENDED: 12/20/05 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 834 Page 1 of 2
Weapons on School Premises – Public No person shall possess a firearm on school grounds. No person shall possess any other dangerous weapon or other weapon while s/he is on school premises. No person shall possess a firearm, dangerous weapon or weapon at any school activity unless expressly allowed by law. Dangerous weapon – means any weapon defined as a “dangerous weapon” under either Wisconsin Statute section 948.60(1) or 939.20(10). Firearm – means a weapon that acts by force of gunpowder. Weapon – means (a) a device, instrument, material or substance, animate or inanimate, that is used for or is readily capable of causing death; bodily injury or property damage or that readily can be used to intimidate others; (b) any device, realistic toy, inoperable weapon, or fake replica that is readily perceived or believed to be an actual working weapon; (c) any device designed as a weapon and capable of producing death or great bodily harm; (d) knives and cutting instruments; or (e) any electric weapon or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. “Weapon” also includes BB and pellet guns and look alike or facsimile devices that can be interpreted or believed to be a weapon and/or can be used to intimidate or threaten others. Great bodily harm – means bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury. Knife – refers to all types of knives, without regard to blade length. Cutting instrument – refers to all objects that have as their primary intended purpose being an object utilized to cut something (e.g., box cutter, carpet cutter, razor blades, straight razor). School grounds – means property on which a school building is located including parking and play areas. School premises – means any building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration. This policy does not apply to a person who both meets the criteria of Wisconsin Statute section 948.605(2)(b) or 948.61(3) and, except for law enforcement officials, has received permission from the Board or Superintendent to be in possession of a weapon or dangerous weapon on school grounds. Permission may be extended for reasons that pertain to educational value. Examples include the following: 1. A weapon used or handled by an individual in a legal manner as part of an approved school program and authorized by the Superintendent or his/her designee (i.e., the Civil War reenactment). 2. Tools used as necessary to complete educationally assigned tasks.
SCHOOL DISTRICT OF CUBA CITY
Policy 834 Page 2 of 2
Weapons on School Premises – Public The superintendent must approve any weapon, look-alike, or facsimile weapon that will be used for educational and performance purposes. Such weapon(s) must be kept secured by the building administrator until the time of the performance, or kept secured as authorized by the superintendent. All persons who violate this Policy may be referred to law enforcement for prosecution. LEGAL REF.: Wisconsin Statutes
Title 18, U.S. Code ADOPTED: 11/15/2011 AMENDED: REPEALED:
120.13(1) 948.60 948.605 948.61 939.22(10)
SCHOOL DISTRICT OF CUBA CITY
Policy 840 Page 1 of 1
Gifts to the School Gifts from individuals or organizations may be accepted by the District of Cuba City. After receipt of the gift, it shall become the property of the District of Cuba City. Gifts up to $5000 in approximate value, or gifts of any amount from Parent-Teacher Organizations, may be accepted and acknowledged by the Superintendent or designee without formal Board approval. Gifts of more than $5000 may be accepted by the Board of Education, upon recommendation of the Superintendent. The District of Cuba City shall not discriminate in the acceptance and administration of gifts, bequests, scholarships and other aids, benefits or services to students from private agencies, organizations or persons on the basis of sex, race, national origin, ancestry, creed, pregnancy, religion, marital or parental status, sexual orientation or physical, mental, emotional or learning disability. Discrimination complaints shall be processed in accordance with established procedures. LEGAL REF.: Sections 118.13 Wisconsin Statute 118.27, PI 9.03(1), Wisconsin Administrative Code ADOPTED: 12/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 841 Page 1 of 1
Naming School District Facilities Naming of school district facilities is the responsibility of the Board of Education. A final decision shall be made by majority vote of the Board. The Board of Education may appoint a facility naming committee. Written nominations for a facility name, which shall contain the rationale for such nomination, may be solicited from the public. All names submitted may be rejected if, in the opinion of the Board, the use of the name would not reflect the ideals and philosophy of the school district. I. Naming of rooms, Schools or Subparcels of Land It is not the intent of this policy to encourage the naming of rooms within existing facilities, or schools, or subparcels of land. However, when a former student, staff member, or community member has achieved national, state, or local prominence or has made a significant donation(s) to the District, the Board may name a room, school, or subparcel of land in recognition of that individual. Parts of facilities may be named after individuals using the same criteria for recognition of individuals and be marked on an appropriate plaque commemorating that individual’s contribution. Special naming programs may be instituted as deemed appropriate by the Board of Education. II. Criteria that may be considered when naming school facilities are:
A facility may be named after a geographic location and/or a section of the district it serves. If a facility is to be named after a person, that person shall be of exemplary moral character; have made an outstanding contribution to education, humanity or community; have displayed outstanding leadership or be a person of historical significance. Facilities may also be named after major contributors to the school district without whom new facilities would not have been possible. The name should not be in conflict with the names of other facilities in the system or in the surrounding area. Consideration for nominations, which may be solicited from the public, must be limited to candidates of exemplary moral character, who have made outstanding contributions, who have historical significance, who have performed service to the community or humanity, or who have displayed outstanding leadership. First consideration shall be given to local persons, but additional consideration may be given to state, national and international persons.
III. The naming of any facility shall be for a period of ten years. After ten years, the board shall consider a name change. IV. Any person wishing to nominate someone needs to complete the “Application to Name School District Facilities.” Due to the permanency of the outcome and importance of consideration of a proposal of this magnitude, no final decision will be made until at least one year after the initiation of this proposal. The purpose of the deliberation is to provide the school board a longer period to examine the proposal. A sound decision will be made at a later date after the possible strong emotions or pressures may have existed at the time of the original request.
SCHOOL DISTRICT OF CUBA CITY
Policy 841 A Page 1 of 2
Naming School District Facilities Application to Name School District Facilities Naming of school district facilities is the responsibility of the Board of Education. As part of school board policy, this application needs to be submitted to the superintendent for consideration by the school board. The criteria listed below are used to guide the board’s decision making regarding this request. In an effort to allow the strong emotions or pressure that may have existed at the time of the original request, a sound definitive decision will not be made until at least one year after the initial presentation of the proposal to the school board. Person to be recognized: _______________________________________________________________________ Relationship to the school: _____________________________________________________________________ Facility/property requested to be named: _________________________________________________________ Statement about moral character of applicant: _____________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ What contributions has the applicant made to education at Cuba City? ________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ What contributions has the applicant made to humanity? ___________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ What contributions has the applicant made to community? __________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ What leadership roles/contributions has the applicant made? ________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________
SCHOOL DISTRICT OF CUBA CITY
Policy 841 A Page 2 of 2
Naming School District Facilities What historical significance has the applicant made? _______________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ Will a contribution be made to the school district that will allow a new facility to be constructed? __________ Explain: ____________________________________________________________________________________ ____________________________________________________________________________________________ Submitted by: _______________________________________________ (print name) Address: ____________________________________________________________________________________ Phone Number: ______________________________________________________________________________ Signature: __________________________________________________ Date: __________________________
ADOPTED: 6/16/09 AMENDED: 1/17/11 REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 842 Page 1 of 1
Memorials Philosophy: It is the philosophy of the Cuba City School District that memorials can and do have a place within our campus and school buildings. It is also important for the District to ensure that memorials are done in good taste and therefore should not portray or resemble cemetery markers. In addition, memorials will not add to the building or campus maintenance workload or equate to additional financial burden to the District through added utility/maintenance costs. Any memorial accepted by the District becomes the sole property of the District and is subject to the same controls and regulations that govern the use of other District-owned property. Monetary Memorials: Monetary memorials are encouraged. Several opportunities exist for money to be placed as or added to an existing scholarship and/or endowment to aid student activities or to further student learning. Monetary memorials will be approved by the Superintendent. Physical Memorials: Memorial plaques are encouraged above all other physical memorials. They shall be consistent in size, shape and wording and will be located on a wall inside the school building dedicated to memorials. Memorial plaques will be placed in the school for a period of ten (10) years. At the end of the ten year period the plaques will be removed and returned to the donor if a current address is available otherwise the plaques will be disposed. Any request to memorialize a deceased student, alumni, or staff member other than through a plaque will have a one year waiting period following the initial proposal or at the discretion of the board. Process: Any community member wishing to request the placing of a memorial will be required to do the following: 1. Submit and present a proposal to the Board of Education at a regularly scheduled board meeting. The proposal should include: a. Who is being requested to be memorialized? b. What relationship did the deceased have with the school district? c. What contributions did the deceased make to education at the school district? d. Will a contribution be made to a scholarship or endowment fund? 2. The proposal will need to be reviewed at two (2) consecutive board meetings prior to seeking board action. 3. A letter from the deceased family providing permission is required to be included in the initial proposal. ADOPTED: 7/17/2012 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 850 Page 1 of 1
Selling and Advertising in the Schools No advertising or like materials may be distributed in the schools by employees or pupils for an individual, business, business group, or other organization. Materials of a sound educational nature where advertising is incidental may be distributed upon the approval of the superintendent. Arrangements for salespeople to contact teachers or pupils must be approved by the building principal. Teachers may not be interviewed while teaching classes. No employee or pupil may act as an agent or solicitor or otherwise promote the sale of merchandise or supplies to pupils or employees of the District of Cuba City. ADOPTED: 12/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 853 Page 1 of 1
Notices, Questionnaires, and Surveys All notices, questionnaires, and surveys sponsored by non-district groups, organizations, or agencies shall be disseminated only when approved in writing by the superintendent. ADOPTED: 12/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 860 Page 1 of 1
Visitors in the Schools Any person other than a student or employee of the District of Cuba City who enters a during the regular school hours building shall go to the principal’s office for the purpose of identifying themselves and the purpose of this visit; at that time, permission may be granted. ADOPTED: 12/20/05 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 870 Page 1 of 1
Public Complaints Constructive criticism of the schools is welcomed by the Cuba City Board of Education whenever it is motivated by a sincere desire to improve the quality of the educational program or to equip the schools to do their tasks more effectively. The Board of Education has, however, confidence in its professional staff and desires to support their actions in order that they may be free from unwarranted or spiteful criticism and complaint. Therefore, whenever a complaint is made directly to the Board of Education as a whole or to a Board member as an individual, it will be referred without prejudice to the school administration for study and possible solution. It is suggested that the board member(s) withhold comment and/or opinion until the issue or concern is presented to the entire Board of Education by an administrator at a meeting of the board. If the complaint is regarding an individual, the individual employee involved shall be advised of the nature of the complaint and shall be given an opportunity for explanation, comment, and presentation of the facts as he or she sees them. If resolution of the problem seems unlikely at the building level either party is encouraged to refer the matter to the Superintendent for his/her review. The Board of Education will consider hearing citizen complaints when they cannot be resolved by the administration. Matters appealed to the Board of Education must be in writing and should be specific in terms of the action desired. The Board of Education will not consider or act on complaints that have not been explored at the appropriate administrative level. ADOPTED: 11/20/07 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 871 Page 1 of 2
Procedures for the Investigation of Complaints Against School Personnel 1. When a citizen has a complaint concerning District personnel or District school(s), the citizen shall file a written complaint form with a member of the school administration staff or with a member of the Board of Education who will forward the complaint to the administration. 2. The School District Administration shall notify the Board of Education of written complaints received by the Administration. Written complaints received by the Board of Education shall be referred to the Administration. 3. The School District Administration shall investigate these written and signed complaints and shall prepare a written report within thirty (30) days for the complainant. 4. If the complaint is not resolved by the Administration’s response, the citizen may request, in writing, that the Board of Education conduct a hearing to review the matter de novo (from the beginning). 5. In order to determine the need for a hearing, the Board of Education must determine if the complaint involves a substantial question of policy or importance to the District and that the Administration’s investigation was deficient. 6. If the Board of Education decides to conduct a hearing, the individual named in the complaint, or the Principal of the school involved, shall be notified and advised of his/her right to be present at the hearing. 7. The Administration shall notify the complainant(s), the individual named in the complaint, and other concerned persons of the date and time established for the hearing. 8. The hearing shall be conducted in a manner which provides due process to all participants. 9. All written complaints and constructive criticism shall be communicated to the Superintendent of Schools.
SCHOOL DISTRICT OF CUBA CITY
Policy 871 Page 2 of 2
Procedures for the Investigation of Complaints Against School Personnel Complaint initiated by: _____________________________________________________________________ Address: ____________________________________________
Phone: ____________________________
Person or school involved in complaint: _______________________________________________________ What is the nature of your complaint? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ On what date, or over what period of time, did the alleged episode or offense occur? __________________________________________________________________________________________ __________________________________________________________________________________________ Have you taken any previous action regarding this matter? ________________________________________ If so, please explain: ________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ What suggestions do you have to resolve the problem? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________
Received by: ________________________________________________ Date: ______________________________________________________ ADOPTED: 11/20/07 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 880 Page 1 of 2
Media Policy RESPONSIBILITY Cuba City Public Schools is committed to cultivating and maintaining an open and productive relationship with the news media. The District recognizes that the media provide a public service and are widely used as a source of news about the District and seeks to provide timely and accurate information toward that end. The District maintains that the top priority of schools is to educate students and ensure the safety and privacy of all students, staff, and families. The office of the Superintendent retains responsibility for, and direct authority over, the public information program of the entire District. However, recognizing the complexities involved in disseminating information in a timely manner, specific responsibilities can or will be assigned to those individuals best equipped to handle them at the District or school level when necessary. Cooperation with members of the media is expected of all staff and administration members. PROCEDURES The principal or his/her designee is the media contact for the individual school. The principal is expected to coordinate requests for media coverage through the Superintendent’s office or designee, and not directly with the media source, unless previously approved by the District. The District will then decide who should answer the media inquiry. Principals should be adequately prepared to discuss their school’s policies and programs when called upon to do so. Principals are not, however, expected, nor is it suggested that they address matters pertaining to board or central administration policies or procedures. If such inquiries are made by media, a principal should send the reporter to the Superintendent for further referral and/or direction. REQUESTS FROM REPORTERS When a request is initiated by a media representative to enter the school or District office as a result of an independent story, the media representative must first contact the Superintendent and the Superintendent will notify the principal or appropriate District employee. The Superintendent will attempt to work out a schedule agreeable to all concerned for a school visit and/or interview. If a principal has not received prior notification from the Superintendent that a reporter will be contacting him or her, the principal should refer the inquiry back to the Superintendent immediately. It is important to remember that the school District is a public institution, and it is inherent in the responsibilities of school administrators to cooperate with those who want to know what is going on in the schools. A school representative’s reaction to a reporter is as important to the outcome of the story as is the material gathered for the news story. Therefore, we should cooperate fully with the media while adhering to this policy. GUIDELINES TO BE FOLLOWED
The press does have a legal right to visit our schools, but they do not have a legal right to interrupt class, and no staff member, student, or parent is ever required to talk to the media. Media and the general public do not require permission, however, to be on the public sidewalks at schools. All visitors, including media, are required to check in at the front office. This is necessary to ensure student safety. Media will be escorted at all times while on school property. Members of the media are required to adhere to all school rules including those rules governing visitors to the schools unless an exception is expressly granted by the Superintendent.
SCHOOL DISTRICT OF CUBA CITY
Policy 880 Page 2 of 2
Media Policy
As a rule, media may take overall/general photos of students without permission slips, so long as the students are not able to be identified or singled out.
If media would like to speak with a student on camera, a media permission slip must be filled out and signed by the student’s parent or guardian prior to the interview. Media inquiries about specific students, including inquiries in police-relate matters or activities that have taken place off school grounds and not during the regular school day, should be referred to the Superintendent. It is policy to protect the privacy of students and staff while fulfilling the requirements of public records laws. The Superintendent works closely with the Legal Advisor to determine what information is a matter of public record and what must remain confidential. Only a student whose parent or guardian has signed and returned a Media Appearances form may be recorded, filmed, photographed, or interviewed, for release outside of the school. If there are additional questions regarding this policy, please contact the Superintendent or designee. ADOPTED: 9/15/15 AMENDED: REPEALED:
SCHOOL DISTRICT OF CUBA CITY
Policy 881 Page 1 of 5
Social Media Policy These guidelines suggest best practices of the publication of and commentary on social media by employees of Cuba City Public Schools (The District). For the purpose of these guidelines, “social media” means any facility for online publication and commentary, including without limitation to blogs, wiki’s, social networking sites such as Facebook, LinkedIn, Twitter, Flickr and YouTube. These guidelines are in addition to, and complement, any existing or future policies from The District regarding the use of technology, computers, e-mail and the internet. The District employees are free to publish or comment via social media in accordance with these guidelines. The District’s faculty/staff are subject to district policy whenever they identify themselves as a Cuba City Public Schools employee (other than as an incidental mention of place of employment in a personal blog on topics unrelated to Cuba City Public Schools). Publication and commentary on social media carries similar obligations to any other kind of publication or commentary. All uses of social media must follow the same ethical standards that The District employee must otherwise follow. Employee Use of Social Media 1. Purpose The District recognizes the value of teacher inquiry, investigation, and innovation using new technology tools to enhance the learning experience. The District also recognizes that students, parents and community utilize this form of media to receive information, connect and respond on a daily basis and the District’s obligation to teach and ensure responsible, safe use of these technologies. This policy addresses employees’ use of publicly available social media networks including: personal websites, web logs (blogs), wikis, social networks, online forums, virtual worlds, and any other social media. The District takes no position on employees’ decision to participate in the use of social media networks for personal time. However, employees must avoid posting any information or engaging in communications that violate state or federal laws or District policies. 2. General Statement of Policy The District recognizes the importance of online social media networks as a communication and e-learning tool. The District may use these tools and other communication technologies in fulfilling its responsibility for effectively communicating with the general public. The line between professional and personal relationships is blurred within a social media context. When employees choose to join or engage with District students, families or fellow employees in a social media context, they are advised to maintain their professionalism as District employees. 3. Requirements As set forth by The District, all employees or representatives of the District are expected to service as positive ambassadors for our schools and to remember they are role models to students in this community. Because readers of social media networks may view the employee as a representative of the schools and The District, The District requires employees to observe the following rules when referring to The District, its schools, students, programs, activities, employees, volunteers and communities on any social media networks. a. Employees must be respectful and professional in all communications (by word, image or other means). Employees shall not use obscene, profane or vulgar language on any social media network or engage in communications or conduct that is harassing, threatening, bullying, libelous, or defamatory or that discusses or encourages any illegal activity or the inappropriate use of alcohol, use of illegal drugs, sexual behavior, sexual harassment, or bullying. Employees should not use their District e-mail address for communications on public social media networks that have not been approved by the District. Employees must make clear that any views expressed are the employee’s alone and do not necessarily reflect the views of The District. Employees may not act as a spokesperson for the District or post comments as a representative of The District, except as authorized by the Superintendent or the Superintendent’s designee. When authorized as a spokesperson for The District, employees must disclose their employment relationship with The
SCHOOL DISTRICT OF CUBA CITY
Policy 881 Page 2 of 5
Social Media Policy District. Employees my not disclose information on any social media network that is confidential or proprietary to The District, it’s students, or employees or that is protected by data privacy laws. Employees may not use or post The District logo on any social media network without permission from the Superintendent, or designee. 1. Employees may not post images on any social media network of co-workers without the coworkers consent. 2. Employees may not post images on any social media network of students whose parents have signed an opt-out form, except for images of students taken in the public arena, such as at sporting events or fine arts public performances. 3. Employees may not post any nonpublic images of The District premises and property, including floor plans. b. The District recognizes that student groups or members of the public may create social media representing students or groups within The District. When employees, or representatives of the District, choose to engage with these social networking groups, they do so as an employee of The District. Employees have responsibility for maintaining appropriate employee-student relationships at all times and have responsibility for addressing inappropriate behavior or activity on these networks. This includes acting to protect the safety of minors online. c. Employees who participate in social media networks may decide to include information about their work with The District as part of their personal profile, as it would relate to a typical social conversation. This may include: 1. Work information included in a personal profile, to include District name, job title, and job duties. 2. Status updates regarding an employee’s own job promotion. 3. Personal participation in District-sponsored events, including volunteer activities. d. An employee who is responsible for a social media network posting that fails to comply with the rules and guidelines set forth in this policy may be subject to discipline, up to, an including termination. Employees will be held responsible for the disclosure, whether purposeful or inadvertent, of confidential or private information, information that violates the privacy rights or other rights of a third party, or the content of anything posted on any social media network. e. Anything posted on an employee’s website, web log or other Internet content for which the employee is responsible will be subject to all District policies, rules, regulations, and guidelines. The District is free to view and monitor an employee’s school or personal website, social media site or web log at any time without consent or previous approval where reasonable justification exists. Where applicable, Employees may be asked to disclose to the District the existence of and to provide the District with access to an employee’s website, web lob or other personal social media network as part of an employment selection, review, promotion, or disciplinary process. (While the District is free to view anything on social media that is available to the public or anything that is put on District computers, it may not require employees or applicants to provide passwords giving access to personal websites, social media sites or email accounts. See Wis. Stat. sec. 995.55) 4. Legal Reference For this policy, please reference the District’s other acceptable use policies and rules. 5. Enforcement Policy violations will be subject to disciplinary action, up to and including termination in accordance with District policies.
SCHOOL DISTRICT OF CUBA CITY
Policy 881 Page 3 of 5
Social Media Policy Social Media Guidelines If you’re an employee contributing to blogs, wikis, social networks, virtual worlds, or any other kind of social media both on and off The District network, these guidelines are for you. We expect all who participate on social media to understand and follow these guidelines. Failure to do so could put you at risk. These guidelines will continually evolve as new technologies and social networking tools emerge. What you write is ultimately your responsibility. If it seems inappropriate, use caution. If you’re about to publish something that makes you even the slightest bit uncomfortable, don’t shrug it off and it ‘send.’ Take time to review these guidelines and try to figure out what’s bothering you and fix it. If you’re still unsure, you might want to discuss it with your supervisor. Respect Copyright Laws It is critical that you show proper respect for the laws governing copyright and fair use of copyrighted material owned by others, including but not limited to images found on Google and the like. You should never quote more than short excerpts of someone else’s work, and always attribute such work to the original author/source. It is good practice to link to others’ work rather than reproduce it. (Respect and protect your audience and partners, the public in general, and Cuba City Public Schools staff and community. Don’t be afraid to be yourself, but do so respectfully. This includes not only the obvious (no ethnic slurs, offensive comments, defamatory comments and the like), but the not-so-obvious of stating anything that can be misconstrued as being mean, distasteful or simply rude to others. Ensure the Safety of Students When employees, or representatives of the District, especially coaches/advisors, choose to join or engage with social networking groups, and identify themselves as employees of The District or are participating in groups as employees of The District, they do so as a representative of The District and have responsibility for monitoring content and addressing inappropriate behavior or activity on these networks. This includes acting to protect the safety of minors online. Protect Confidential Information and Don’t Tell Secrets You must make sure you do not disclose or use confidential information. It’s perfectly acceptable to talk about your work and have a dialog with the community, but it’s not okay to publish confidential information. Confidential information includes things such as student information, grades, or any other confidential information that would identify individuals. We must protect and respect the privacy of our students, staff, parents, and school community. Students, parents, and colleagues should not be cited or obviously referenced without their approval. For example, avoid students’ photos when parents have signed an opt-out form or publishing a conversation that was meant to be private. It is acceptable to discuss general details about projects, lessons, or events and to use non-identifying pseudonyms for an individual (e.g., Teacher A) so long as the information provided does not make it easy for someone to identify the individual or violate any privacy laws. Furthermore, public social networking sites are not the place to conduct school business with students or parents. Protect Your Own Privacy Be smart about protecting yourself and your privacy. What you publish will be around for a long time, so be cautious about disclosing personal details. Privacy settings on social media platforms should be set to allow anyone to see profile information similar to what would be on The District’s website. Other privacy settings that might allow others to post information or see information that is personal should be set to limit access. Be mindful of posting information that you would not want the public to see.
SCHOOL DISTRICT OF CUBA CITY
Policy 881 Page 4 of 5
Social Media Policy Expressing Your Ideas and Thoughts Always express ideas and opinions in a respectful manner. Make sure your communications are in good taste. Do not denigrate or insult others. This includes not only the obvious (no ethnic slurs, personal insults, obscenity, etc.) but also proper consideration of privacy and of topics that may be considered objectionable or inflammatory. Remember values and points of view. Be sensitive about linking to content. Redirecting to another site may imply an endorsement of its content. Perception can be reality. In online networks, the lines between public and private, personal and professional are blurred. Just by identifying yourself as a District employee, you are creating perceptions about your expertise and about The District by community members, parents, students, and the general public; and you are creating perceptions about yourself with your colleagues and managers. If you chose to join or engage with District students and families in a social media context, do so in a professional manner. Are you adding value? Communication associated with our District should help fellow educators, parents, students, and co-workers. It should be thought-provoking and build a sense of community and engagement. If it helps people improve knowledge or skills, do their jobs, solve problems, or understand education better, then it’s adding value. Keep the conversation informative and educational for all. Be sure that all content is consistent with your work and with The District’s beliefs and professional standards. Keep your cool. One of the aims of social media is to create dialogue, and people will not always agree on an issue. When confronted with a difference of opinion, stay cool. Express your points in a clear, logical way. Be accurate. Don’t pick fights or look for an argument. Sometimes, it’s best to ignore a comment and not give it credibility by acknowledging it with a response. If you make an error, be up front about your mistake and correct it quickly. If you choose to modify an earlier post, make it clear that you have done so. If someone accuses you of posting something improper, deal with it quickly, and/or ask for additional assistance. Be Honest and Transparent Do not blog anonymously, using pseudonyms or false screen names. We believe in transparency and honesty. Use your real name, be clear who you are, and identify that you work for Cuba City Public Schools. Nothing gains you notice in social media more than honesty – or dishonesty. Do not say anything that is dishonest, untrue, or misleading. If you have a vested interest in something you are discussing, point it out. If you publish to a site outside The District’s network, please use a disclaimer to state in clear terms that the reviews expressed are the employee’s alone and that they do not necessarily reflect the views of The District. Also remember that the use of a disclaimer may not necessarily keep you out of trouble. Quality Matters Use a spell-checker. If you’re not design-orientated, ask someone who is, whether your blog looks decent, and take their advice on how to improve it. The speed of being able to publish your thoughts is both a great feature and a great downfall of social media. The time to edit or reflect must be self-imposed. If something does not feel right, either let it sit and look at it again before publishing, or ask someone else to look at it first. Don’t Forget Your Day Job You should make sure that your online activities do not interfere with your job. District technologies are provided for educational use. Make sure that blogging or otherwise does not interfere with your job or use of other commitments to The District.
SCHOOL DISTRICT OF CUBA CITY
Policy 881 Page 5 of 5
Social Media Policy Help Students Use Social Media to Empower, Not Just Connect With more and more employers and educational institutions looking at prospective candidates online, it is important that we help educate and instruct on best practices for our students using the various social media channels. Connecting with a purpose requires thought and discipline; as connecting with the wrong people could lead to improper associations. Teachers and administrators should be teaching students how to leverage your connections, associations and your level of engagement as a way to strengthen your individual brand online, so that it increases your chances of being seen in a positive light for potential employers, colleges or universities as character becomes more and more a consideration for enrollment or hiring in today’s workforce. Having our students and teachers ready and adaptable to 21st Century communications is a must. ADOPTED: 12/16/15 AMENDED: REPEALED:
