David City Public Schools Student Handbook
Common Information between all schools
by Ed Sieck
August 11, 2004
David City Public Schools Student Handbook 2004-2005 School Year
Foreword
Section 1 Intent of Handbook:
This handbook is intended to be used by students, parents and staff as a guide to the rules, regulations, and general information about David City Public Schools. Each student is responsible for becoming familiar with the handbook and knowing the information contained in it. Parents are encouraged to use this handbook as a resource and to assist their child in following the rules contained in this handbook.
Although the information found in this handbook is detailed and specific on many topics, the handbook is not intended to be all encompassing so as to cover every situation and circumstance that may arise during any school day, or school year. This handbook does not create a "contract." The administration reserves the right to make decisions and make rule revisions at any time to implement the educational program and to assure the well being of all students. The administration will be responsible for interpreting the rules contained in the handbook. Should a situation or circumstance arise that is not specifically covered in this handbook, the administration will make a decision based upon all applicable school district policies, and state and federal statutes and regulations.
Section 2 Members of the Board of Education:
Dr. Vic Thoendel - President
Mr. Mark Otte – Vice President
Ms. Linda Carlson – Secretary
Mr. Tom Hayes
Ms. Lori A. Meusch
Ms. Tami L. Osantowski
Ms. Julie L. Reiter
Ms. Lori Sauberzweig
Ms. Linda Vandenberg
Section 3 Administrative Staff:
Mr. Jerry Phillips – Superintendent
Mr. Bill Lentz – High School Principal
Mr. Jim Bathen – David City Elementary Principal
Mr. Tom Jahde – Middle School/Bellwood Attendance Center Principal
Section 4 Staff: (see the building school handbook for list of staff members)
Mission and Goals
Section 1 District Mission Statement:
David City Public Schools, in a shared responsibility with family and community, are focused on education, student growth, and learning.
Section 2 District Belief Statements:
David City Public Schools' mission is based on the following belief statements:
- Students are our greatest responsibility.
- Every student has the ability to learn.
- An education is a reward for learning.
- Potential is reached by motivating students to grow.
- Students share in the responsibility for their own learning.
- An educational environment builds self-esteem and promotes respect.
- The ability to work and cooperate with other people is essential.
- The dignity, worth, and uniqueness of individuals should be respected.
- Community is a crucial participant in education.
- Life-long learning begins now.
Section 3 Mutual Respect:
The David City Public School District expects every staff member and student to be treated with respect and dignity. A show of disrespect toward a staff member or insubordination on the part of the student will not be tolerated.
Section 4 Multicultural Policy
Multicultural education is the identification, selection and infusion of specific knowledge, skills and attitudes for the purpose of:
•affirming the culture, history and contributions that shall include but not be limited to African Americans, Asian Americans, Hispanic Americans and Native Americans;
•challenging and eliminating racism, prejudice, bigotry, discrimination and stereotyping based on race;
•valuing multiple cultural perspectives; and
•providing all students with opportunities to "see themselves" in the educational environment in positive ways and on a continuing basis.
To promote and support multicultural education within David City Public Schools, it shall be the policy and practice of this district to create opportunities for all students to achieve academically and socially in an educational environment in which all students and staff understand and respect the racial, cultural diversity and interdependence of members of our society.
Section 5 Complaint Procedures:
The proper procedures for a parent or student to make complaints or raise concerns about school staff or the school programs or activities are set forth below. Other procedures exist to address discrimination or harassment, the bullying of students, and to challenge disciplinary actions, and such other procedures should be used to address those types of concerns.
- Complaint procedure:
Step 1. Have a scheduled conference with the staff person involved in the complaint matter.
Step 2. Appeal to the Principal if the matter is not resolved at Step 1. Complaint forms are available at any office.
Step 3. Appeal to the Superintendent if the matter is still unresolved at Step 2.
Step 4. Appeal to the Board of Education if the matter is still unresolved at Step 3. Written appeal should be made within five (5) days of the Superintendent’s decision.
- Conditions Applicable to All Levels of Complaint
Procedure:
All information to be considered at each appeal step should be placed in writing in order to be most effective. Appeal decisions shall be expedited as quickly as possible. A decision at any level should be rendered within ten (10) calendar days unless a legal hearing is requested or required.
School Day
Section 1
Daily Schedule (See building handbooks for specific
schedules)
Section 2
Shortened Schedule (See building handbooks for specific
schedules)
Section 3 Severe Weather and School Cancellations
The Superintendent of schools is authorized by the Board of Education to close public schools in case of severe weather. Representatives of the Superintendent’s staff will notify local news media when inclement weather warrants such action. The information is broadcast regularly by radio and television stations.
Decision to Close Schools.A decision to close school is made when forecasts by the weather service and civil defense officials indicate that it would be unwise for students to go to school. If possible, a decision about the next school day will be made by 9 p.m. for announcement during the 10 p.m. news. An early decision is not always possible because of uncertain weather conditions. School officials will make periodic assessments of conditions during the night and will decide early in the morning (by 6 a.m. if possible). In any case, an announcement will be made to the news media when schools will be closed. In some instances, schools will be open, but certain services may be cancelled (bus transportation, pre-school, kindergarten, student activities). Announcements about other Nebraska school closings are included in Nebraska radio and television broadcasts. Students and parents will want to pay special attention to which public school district is being closed.
Known broadcasts are:
KFAB-Omaha – 1100 (continuous full coverage)
KETV Channel 7
KLIR-Columbus-101FM (Continuous full coverage)
KOLN-TV-Channel 10 (limited coverage)
KMTV Channel 3
KPTM
http://davidcitypublicschools.org
After School Starts.Every attempt will be made to avoid closing school once classes are in session. In some instances closing school during the day is inevitable if children are to safely return home before the brunt of a major storm hits. In these cases as much advance notice as possible will be given to parents. If school is closed during the day the notice will be broadcast by the media and parents should have a plan in place to accommodate these circumstances.
Parental Decisions.Parents may decide to keep their children at home in inclement weather because of personal circumstances. Students absent because of severe weather when school is in session will be marked absent. The absence will be treated like any other absence for legitimate causes provided parents properly notify the school of their decision. Parents may pick up their children in inclement weather at any time during the school day. Students will not normally be dismissed from school during severe weather on the basis of a telephone request.
What Not To Do.Parents should not attempt to come to school during a tornado warning. School officials are not permitted to release students from the school building during a tornado warning. Tornado safety procedures are practiced regularly by students and staff members. Also, parents are urged not to call radio and television stations and school buildings during severe weather. Every effort will be made to provide accurate and timely information through the media.
Emergency Conditions. David City Public School District has a signal which, when activated, includes the necessity to either evacuate the building or to move to safer areas of the building. All regular drills are held as required by law through the school year. There are plans for Emergency Exit system, Tornado Warning System, and Critical Incident Response.
Use of Building and Grounds
Section 1
Entering and Leaving the Building
Beginning Of School: Students should not be on school
grounds prior to specific times documented in the building
handbooks. Students are to stay in specified areas and are not to
go to any other part of the building without permission.
During the School Day: Students are to remain on campus unless excused in accordance with school policies. Upon return to school during the day students are to report to the school office.
End of School: Unless a student is involved in after-school activities, they should leave the building as soon as possible.
Section 2
Visitors
All visitors must report to the office using designated
entrances, to sign in for a visitor's pass. Parents are welcome at
all times. Visitors must also sign out at the office upon exiting
the school. Visitations during the first week of school and the
last week of school will require permission from administrators.
Police officers requesting to speak with a student during school
time must first have parental permission and must check-in with the
Principal. If the complaint is against the parent, the police
officers must first check-in with the Principal.
Section 3 Smoke-Free Environment
David City Public Schools declares all of our schools buildings and grounds to be smoke-free. We would appreciate your help in meeting the goal of a smoke and tobacco-free environment for the District’s students. When attending school events, remember that our grounds are smoke and tobacco-free and abide by the District’s policy.
Section 4 Care of School Property
1. Students are responsible for the proper care of all books, equipment, supplies and furniture supplied by the school.
2. Students who damage property or equipment will be required to pay for the damage done or replace the item.
3. Fines are determined on books according to the following criteria:
Lost or Severely damaged books:
First year of use 100% of cost
Second year of use 80%of cost
Third year of use 60% of cost
Fourth year of use 40% of cost
Fifth year and beyond 20% of cost
Students losing or damaging books beyond ordinary wear will be required to pay for the damage done.
School-issued items that are stolen or damaged from unlocked lockers are the responsibility of the student to whom they were issued. Students must pay all fines before they can receive school publications and final grades.
Section 5 Lockers/Storage Space
Each student will be assigned a locker or other storage space. Students must use their own space and are not to share storage space with other students except as assigned by school officials. Students are expected to keep all books, etc., in their assigned storage area. Students are also responsible for the cleanliness of their storage area. Students may be assessed a fine for damage to their locker or storage space.
Section 6 Searches of Lockers and Other Types of Searches
Lockers or other storage areas, desks, computer equipment, and other such property are owned by the school. The school exercises exclusive control over school property. Students should not expect privacy regarding usage of or items placed in or on school property, including student vehicles parked on school property, because school property is subject to search at any time by school officials. Periodic, random searches of lockers or other storage areas, desks, computers and other such property may be conducted in the discretion of the administration.
The following rules shall apply to searches of students and of a student's personal property and to the seizure of items in a student's possession or control:
1. School officials may conduct a search if there is a reasonable basis to believe that the search will uncover evidence of a crime or a school rule violation. The search must be conducted in a reasonable manner under the circumstances.
2. Illegal items or other items reasonably determined to be a threat to the safety of others or a threat to educational purposes may be taken and kept by school officials. Any firearm or other weapon shall be confiscated and delivered to law enforcement officials as soon as practicable.
3. Items that have been or are reasonably expected to be used to disrupt or interfere with the educational process (that is, "nuisance items") may be removed from student possession.
Section 7 Video Surveillance
The Board of Education has authorized the use of video cameras on School District property to ensure the health, welfare and safety of all staff, students and visitors to District property, and to safeguard District facilities and equipment. Video cameras may be used in locations as deemed appropriate by the Superintendent.
Notice is hereby given that video surveillance may occur on District property. In the event a video surveillance recording captures a student or other building user violating school policies or rules or local, state or federal laws, the video surveillance recording may be used in appropriate disciplinary proceedings against the student or other building user and may also be provided to law enforcement agencies.
Section 8 Use of Telephone
USE OF SCHOOL PHONES WILL ONLY BE ALLOWED IN AN EMERGENCY OR WHEN A STUDENT IS ILL.
The office will cooperate with parents or guardians to get messages to students during school hours. However, calls for students during school hours are disturbing to the school routine and should be held to a minimum. Parents may not call a student out of class for a phone call unless it is an emergency. Messages will be written down and delivered to the pupils. Students with permission may use a public pay telephone, located in the main hall of the High School building, for important calls only and are limited to 5 minutes. Students are not to use these phones for lunch orders or calls to friends. Use of the phone is not an excuse to be tardy to class.
Section 9 Bicycles
Bicycles must be parked in the racks provided. It is recommended bicycles should be equipped with locks and licenses. The school is not responsible for damage or theft of parts while bicycles are on school property.
Section 10 Student Valuables
Students, not the school, are responsible for their personal property. Students are cautioned not to bring large amounts of money or items of value to school. If it is necessary to bring valuable items or more money than is needed to pay for lunch, leave the money or valuables with a staff member in the school office for temporary and safe-keeping. Even then, the school is not in a position to guarantee that the student’s property will not be subject to loss, theft, or damage.
Section 11 Lost and Found
Students who find lost articles are asked to take them to the office, where the owner can claim the articles. If articles are lost at school, report that loss to office personnel.
Section 12 Accidents
Every accident in the school building, on the school grounds, at practice sessions, or at any athletic event sponsored by the school must be reported immediately to the Principal or Athletic Director.
Section 13 Laboratory Safety Glasses
As required by law, approved safety glasses will be required of every student and teacher while participating in or observing vocational, technical, industrial technology, science, and art classes. All visitors to these areas must check out a pair of safety glasses when entering any of these areas.
Section 14 Insurance
Under Nebraska law the District may not use school funds to provide general student accident or athletic insurance. The District encourages all student participants in athletic programs to have injury and accident insurance and encourages all students who are in classes with risk of personal injury or accident to have insurance coverage. The district does not make recommendations, nor handle the premiums or claims for any insurance company, agent or carrier. Information about student insurance providers will be available in the school office.
Section 15 Bulletins and Announcements
Bulletin boards and display cases are available for school-related and approved materials to be posted and displayed. Posters to be used in the halls or materials for distribution will need to be approved and stamped or initialed by the Principal. Posters are not to be attached to any painted wall surfaces without the use of office approved adhesive. Place posters on glass, metal, brick, wood or special clips. The person or organization responsible for distributing the posters is responsible to see that all posters are removed within 48 hours after the event.
Section 16 Copyright and Fair Use Policy
It is the school’s policy to follow the federal copyright law. Students are reminded that, when using school equipment and when completing course work, they also must follow the federal copyright laws. The federal copyright law governs the reproduction of works of authorship. Copyrighted works are protected regardless of the medium in which they are created or reproduced; thus, copyright extends to digital works and works transformed into a digital format. Copyrighted works are not limited to those that bear a copyright notice.
The "fair use" doctrine allows limited reproduction of copyrighted works for educational and research purposes. The relevant portion of the copyright statue provides that the "fair use" of a copyrighted work, including reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright. The law lists the following factors as the ones to be evaluated in determining whether a particular use of a copyrighted work is a permitted "fair use," rather than an infringement of the copyright:
• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
• the nature of the copyrighted work;
• the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and
• the effect of the use upon the potential market for or value of the copyrighted work.
Although all of these factors will be considered, the last factor is the most important in determining whether a particular use is "fair." Students should seek assistance from a faculty member if there are any questions regarding what may be copied.
Attendance
Section 1 Attendance Policy
The School Board requires regular and punctual student attendance. The administration is responsible for developing further attendance rules and regulations, and students and parents are responsible for developing behaviors, which will result in regular and punctual student attendance.
Section 2 Attendance and Absences
Absences From School - Definitions. An absence from school will be reported as: (a) an excused absence or (b) an unexcused absence.
1. Excused Absences. Absences should be cleared through the Principal's office in advance whenever possible. An absence or tardy, even by parental approval, may not be excused. All absences, except for illness and/or death in the family, require advance approval. An absence for any of the following reasons will be excused, provided the required procedures have been followed:
(A) Attendance at a funeral for a member of the immediate family (parents, siblings, and grandparents),
(B) Illness which causes a student to be absent from school,
(C) Doctor or dental appointment which require student to be absent from school,
(D) Court appearances that are required by a court order and the student is not responsible for needing to be in court,
(E) School sponsored activities which require students to be absent from school,
(F) Family trips in which student accompanies parent(s)/legal guardian(s),
(G) Other absences which have received prior approval from the Principal.
The Principal has the discretion to deny approval for the latter two reasons, depending on circumstances such as the student's number of other absences, the student's academic status, the tests or other projects which may be missed, and in the case of a family trip, whether the trip could be taken during non-school time and the educational nature of the trip.
2. Unexcused Absences: An absence which is not excused is unexcused. If a student's absence is unexcused the student may receive zeros for any class work missed during the absence, and may be required to make-up work and the time missed.
A student who engages in unexcused absences may be considered truant as per state law, Neb.Rev.Stat. § 79-201. Truancy is a violation of school rules. The consequence of such action may include suspension from classes and the student may be required to make up the time missed. Students who leave the school premises without permission during the school day will be considered truant.
Absence Procedure. A student will not be allowed to enter class after an absence until an admit slip, based upon a written or verbal parental excuse, or a conditional admit slip, is issue by the Principal's office. A condition admit slip, good for two days, may be issued to allow time to bring an excuse, in case no excuse has been provided upon returning to school. Work must be made up within the time allowed on the admit slip. Students missing classes for school activities must present a completed activities dismissal slip to the sponsor before being allowed to leave for the activity.
For excused absences, two school days will be allowed to make up the work for each day missed with a maximum of ten (10) days allowed to make up work. If requested, assignment sheets will be prepared for students who are ill. If parents and/or students request assignment sheets the school should be contacted by no later than [Insert time] a.m.
For unexcused absences, the student will receive a failing mark for or in each class period missed.
Reporting and Responding to Truant Behavior. Any administrator, teacher, or member of the board of education who knows of any failure on the part of any child age 7 to 16 to attend school regularly without lawful reason, shall within three days report such violation to the Superintendent. The Superintendent shall immediately cause an investigation into any such report to be made. The Superintendent shall also investigate any case when of his or her personal knowledge, or by report or complaint from any resident of the district, the Superintendent believes that any child is unlawfully absent from school. The school shall render all services in its power to compel such child to attend some public, private, denominational, or parochial school, which the person having control of the child shall designate, in an attempt to remediate the child's truant behavior. Such services shall include, as appropriate, the services listed under the "Excessive Absenteeism" and "Reporting Habitual Truancy" policies.
Excessive Absenteeism. Students who accumulate five (5) unexcused absences in a quarter shall be deemed to have "excessive absences." Such absences shall be determined on a per day basis for elementary students and on a per class basis for secondary students. When a student has excessive absences, the following procedures shall be implemented:
1. One or more meetings shall be held between a school attendance officer, school social worker, or other person designated by the school administration and the parent/guardian and the student to report and attempt to solve the truancy problem. If the parent/guardian refuses to participate in such meeting, the principal shall place in the student's attendance records documentation of such refusal.
2. Educational counseling to determine whether curriculum changes, including but not limited to, enrolling the child in an alternative education program that meets the specific educational and behavioral needs of the child.
3. Educational evaluation, which may include a psychological evaluation, to assist in determining the specific condition, if any, contributing to the truancy problem, supplemented by specific efforts by the school to help remedy any condition diagnosed.
4. Investigation of the truancy problem by the school social worker, or if such school does not have a school social worker, another person designated by the administration to identify conditions which may be contributing to the truancy problem. If services for the child and his or her family are determined to be needed, the person performing the investigation shall meet with the parent/guardian and the child to discuss any referral to appropriate community agencies for economic services, family or individual counseling, or other services required to remedy the conditions that are contributing to the truancy problem.
Reporting Habitual Truancy. Students who accumulate twenty (20) unexcused absences per year shall be deemed to be habitually truant. If the student continues to be or becomes habitually truant, the principal shall serve a written notice to the person violating Neb.Rev.Stat. § 79-201, (i.e., the person who has legal or active charge or control of the student) warning him or her to comply with the provisions of that statute. If within one week after the time such notice is given such person is still violating the school attendance laws or policies, the principal shall file a report with the county attorney of the county in which such person resides.
See building school handbooks for specifics on absenteeism procedures.
Section 3 Tardiness
Tardy to School: Students will be considered tardy to school if they are not seated in their assigned class or ready and attentive in their assigned area when the bell for their first class rings.
Tardy to Class: Students will be considered tardy to class if they are not in their classroom when the tardy bell rings, unless they have a pass from the teacher who detained them. Specific tardy guidelines once students are in the classroom doorway are at the discretion of the classroom teacher. Students have a sufficient time period between all class changes to make it to their next assigned class on time.
See building school handbooks for specifics on absenteeism procedures.
Section 4 Leaving School
Students who must leave school for any reason during the school day must check out at the office before leaving. Students leaving school must be cleared in advance by a note or phone call from the students parent or legal guardian. Upon returning to school that same day, students are expected to sign in at the office. A sheet will be available on the office counter for this purpose. Students who leave without permission and without signing out in the proper manner will be considered truant.
Section 5 Attendance is Required to Participate in Activities
Students must attend school on the day of any scheduled school activity in order to participate in the activity. This includes sports contests, practice and dances. Failure to attend on that day will result in a student being withheld from participation in the activity. The principal retains the right to grant participation should exceptional circumstances prevail.
Section 6 Make-up Work
To receive credit for work missed due to an absence the student, upon returning to school, is responsible (a) for requesting from each teacher assignments for make-up work and (b) for completing the make-up work on the student’s own initiative, and on the student’s own time either before or after school, by the due date established by each teacher. The amount of assistance the teacher is to provide, if any, will be determined by the teacher based on the teacher’s work load and on whether the student displays a positive attitude towards the make-up work. The teacher may assign the student to different work to make-up than that actually missed, in the same subject or topic area.
The date when make-up work is due will be determined by the teacher based on the content being studied and the length of the student’s absence. Other than teacher descretion, the student will be allowed two days per day of absence after returning to school. Teachers may also require the student to do extra work to make up for lost time in classroom activities. When students are aware of the fact that they are going to miss school, they must notify the office and pre-arrange the absence. Students will be required to complete all work missed during absences.
Scholastic Achievement
Section 1 Grading System (See building handbooks for grading policies)
Each teacher should define for students the grading procedures to be used in their classes.
Section 2 Promotion, Retention
The professional staff at David City Public Schools will place students at the grade level and in the courses best suited to them academically, socially and emotionally.
Students will typically progress annually from grade to grade. A student may be retained at a grade level or be required to repeat a course or program when such is determined in the judgment of the professional staff to be appropriate for the educational interests of the student and the educational program.
Section 3 Schedule Changes
Students needing schedule changes should notify the principal or counselor. Schedule changes must be initiated by the teachers involved, the principal or guidance counselor, and students’ parents. Final approval of all schedule changes will be made by the principal or counselor only.
Section 4 Interim Reports
Various supplemental reports may be sent to parents throughout the school year concerning student’s performance. These reports may describe student work of an exceptional nature or work which needs improving. These reports will be sent as the teacher determines.
Included in the academic improvement report will be a request from the teacher for parents to contact the teacher by phone to discuss the student’s academic progress. Teachers will arrange with the parents for days when the student can meet with the teacher outside the regular class period until the student returns to satisfactory academic standing.
Section 5 Report Cards
Report cards are issued at the end of each quarter, or nine-week sessions. Grades are used to designate a student’s progress. Incompletes shall be designated by an "INC". Unless specified by the administration, students have two weeks after the end of the quarter to make up incomplete work.
Section 6 Parent-Teacher Conferences
Parent-teacher conferences will be held during the 1st quarter and 3rd quarter. There may also be a parent night. Refer to the school calendar for the schedule. Conferences with teachers, at any other time, are possible by calling the school office and making arrangements with one or more teachers as needed.
Section 7 Honor Roll
The purpose of the honor roll is to recognize those students who demonstrate academic excellence. Honor rolls will be determined for 1st, 2nd, 3rd and 4th quarters. Students will be recognized as described in the building handbooks.
SUPPORT SERVICES
1. Special Education Identification And Placement Procedures:
What Does Special Education Mean?
Special education means educational experiences, curriculum and services, including transportation, through the use of staff, facilities, equipment and classrooms which have been adapted to provide special instruction for students with disabilities. In addition, special education provides the support services necessary for evaluation, placement and instruction for students with disabilities. These services are free to parents, unless they elect to place their child in a program other than one approved by the school district.
How are Students With Disabilities Identified?
The District will follow the Student Assistance Team process in dealing with special needs students. The next step will be to meet with the parents to recommend testing, if needed. The request for permission will include a description of the action to be taken and a description of each evaluation procedure. Written statements showing the results of the evaluation and the reasons for placement in a special education program must be kept on file. Within 30 days after a student has been verified as having a disability, a conference will be held with parents. Advance notice will be given. At the conference, an Individual Education Program (IEP) will be developed.
Students Who May Benefit
A student verified as having autism, behavior disorder, hearing impairment, mental handicap, orthopedic impairment, other health impairment, specific learning disability, speech language impairment, traumatic brain injury, or visual handicap may be placed in regular education with support services or may benefit from a special education classroom or service.
Independent Evaluation
If a parent disagrees with an evaluation completed by the school district, the parent has a right to request an independent educational evaluation at public expense. Parents should direct inquiries to school officials to determine if the school district will arrange for further evaluation at public expense. If school district officials feel the original evaluation was appropriate and the parents disagree, a due process hearing may be initiated. If it is determined that the original evaluation was appropriate, parents still have the right to an independent educational evaluation at their own expense.
Reevaluation
Students identified for special education will be reevaluated at least every three years by the IEP team. The IEP team will review existing evaluation data on the student and will identify what additional data, if any, are needed. The school district shall obtain parental consent prior to conducting any reevaluation of a student with a disability.
Individual Education Program (IEP)
Each student with a disability must have a written IEP prepared by the staff in cooperation with parents specifying programs and services which will be provided by the schools. If necessary, the district will arrange for interpreters or other assistants to help parents in preparing and understanding the IEP. Once in place, the program is reviewed on a regular basis with the parent.
An IEP is developed in a conference setting. Parents will be notified of the persons who will be in attendance. The IEP conference shall include at least the following:
1. A representative of the school district;
2. An individual who can interpret the instructional implications of evaluation results;
3. One or both parents;
4. The child (when appropriate);
5. At least one regular education teacher if the child is, or may be participating in the regular education environment;
6. At least one special education teacher;
7. A representative of the nonpublic school if the child is attending a nonpublic school;
8. A representative of a service agency if the child is receiving services from an approved service agency; and
9. Other individuals, at the discretion of the parent or school district.
It is permissible for parents to bring other persons to the IEP meeting, but it is a good idea to inform the school before the scheduled meeting. The school district will provide parents with a copy of the IEP.
Special Education Placement
The student’s placement in a special education program is dependent on the student’s educational needs as outlined in the Individual Education Program (IEP). The school district must assure that students with disabilities are educated with students who do not have disabilities, to the maximum extent possible. Students are entitled to have supplementary aids and services to help them in a regular educational setting. Students with disabilities may be placed in special classes, separate schools or other situations outside the regular educational environment when the nature of the child’s needs require specialized educational techniques which are not available in current settings. Determination of a student’s educational placement will be made by a team of persons who knows the student and who understands the tests and procedures that assess the student’s learning abilities. Team members know the available programs and services which might help the student. Parents are asked for written consent to determine whether or not they approve the educational placement recommended for their child. If the parent does not speak English or is hearing impaired, an interpreter may be requested. Written notice shall be given to parents a reasonable time before the school district: 1. Proposes to initiate or change the identification, evaluation, verification or educational placement of a child or the provision of a free appropriate public education; or 2. 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.
Alternative Programs
Parents have a right to know about available private and public programs, other than those offered by the schools. The school district staff will provide information about those programs on request. If parents place the student in one of those programs, however, the school district is not required to pay for the student’s education.
Transportation of Students Receiving Special Education
The district special education staff will make arrangements for transportation for eligible students to the extent such is required by the student’s IEP. Students assigned to special education programs requiring attendance at schools outside their regular attendance area will be transported. Special conditions may warrant that special education students receive transportation to their assigned schools. If parents are dissatisfied with a transportation decision, they may contact the Superintendent for a review.
Access to Student Records
Parents have the right to inspect and review any education records relating to their child which are collected, maintained or used by the school district in providing educational services.
NonpublicSchool Students
Students in state-approved nonpublic schools may participate in special education programs in the same manner as public school students.
Parental Review of Programs
Parents who want to review their child’s placement for any reason should request an IEP team meeting. If parents are not satisfied with the results of the conference, they may appeal to the Nebraska Department of Education for a formal hearing to be conducted by a state hearing officer. Parents dissatisfied by the findings and decisions made in a state level hearing have the right to bring civil action.
Plans and Budget
With the exception of personally identifiable student records, district special education plans and budgets are available for public inspection.
This is a summary of the David City Public School District plan for special education students. Anyone interested in obtaining a copy of the complete district policy or a copy of the Nebraska Department of Education Rule 51 (complaint procedures) or Rule 55 (appeal procedures) may contact the Superintendent at the David City Public School District Offices.
Section 2 Guidance Services:
The David City Public School District employs guidance counselor(s) for the purpose of assisting with the District’s testing program and to assist with scheduling and for students to discuss problems and resolve conflicts. If you wish to see a counselor, stop by a counselor’s office and make arrangements for an appointment.
Section 3 Health Services:
Student Illnesses
School health personnel will notify parents when a student needs to be sent home from school due to illness. Conditions requiring a student be sent home include: Temperature greater than 100°F., vomiting, diarrhea, unexplained rashes, live head lice, or on determination by the office that the child’s condition prevents meaningful participation in the educational program, presents a health risk to the child or others, or that medical consultation is warranted unless the condition resolves. Please include emergency daytime phone numbers on your child’s enrollment card so that you can be reached if your child becomes ill or injured while at school. Please also inform your school health office staff of health related information you feel is important for your student’s success in the classroom and/or safety at school.
Guidelines for Administering Medication
Whenever possible your child should be provided medications by you outside of school hours. In the event it is necessary that the child take or have medication available at school, the parents/guardians must provide a signed written consent for the child to be given medication at school. A consent form is available at the school office.
Medications must be provided to the school by the parent/guardian in the pharmacy-labeled or manufacturer-labeled bottle. Repackaged medications will not be accepted. All medications also require a physician’s authorization to be given at school. Please limit the amount of medication provided to the school to a two-week supply.
School Health Screening
Children in Kindergarten through twelfth grade are screened for vision, hearing, dental defects, height and weight. Students entering the Student Assistance Process at any grade level, and those about whom health concerns are identified, may also be screened. Parents are notified of any health concerns of their children as they are identified. Parents who do not wish their child to participate in the school screening program must communicate this in writing to the principal where their child attends at the start of the school year. Because Nebraska statutes require school-age screening, parents who remove their child from the screening program must submit findings from an alternate medical provider to the school by December 1.
Physical Examination
Evidence of a physical examination by a qualified physician is required within six months prior to the entrance of the child into any Early Childhood Special Education classes, kindergarten and the seventh grade, or in the case of transfer from out of state to any other grade. A parent or guardian who objects may submit a written statement of refusal for his or her child. The statement will be kept in the student’s file. Waiver forms are available in the school health office.
Immunizations
Students must show proof of immunization upon enrollment in David City Public Schools. Any student who does not comply with the immunization requirements will not be permitted to continue in school. Students with medical conditions or sincerely held religious beliefs which do not allow immunizations may complete a waiver statement, which is available in school offices.
Immunizations against the following diseases are required for every child:
Measles, mumps, rubella, poliomyelitis, diptheria, pertussis, tetanus
All students in all grades will be required to present evidence of: 3 doses of DTP, DTaP, DT, or Td vaccine, 3 doses of Polio vaccine, 2 doses of MMR vaccine given on or after 12 months of age and separated by one month or more.
In addition to these requirements, the following groups also are required to present evidence of three doses of Hepatitis B vaccine and a DTP or equivalent given on or after the fourth birthday: kindergarten or beginning grade, seventh grade, all out-of-state transfer students to any grade.
Any 2-5 year-olds enrolled in a school-based program not licensed as a child care provider (i.e., Head Start and Early Childhood Special Education) will be required to present evidence of: 4 doses of DTaP, DTP, or DT vaccine, 3 doses of Polio vaccine, dose of MMR vaccine given at or after 12 months of age, 3 doses of Hepatitis B vaccine, 3 doses of HiB vaccine or 1 dose of HiB vaccine given at or after 15 months of age.
Students with a signed waiver statement may be excluded from school in the event of a disease outbreak.
Guidelines for Head Lice
The following guidelines are in place to: better control a nuisance condition; reduce absenteeism due to head lice; and involve parents as partners with the school in control efforts:
1. Children will be sent home from school for live head lice. In the event the child has TWO cases of live lice in a semester, he or she will be sent home until free of both live lice and nits (eggs).
2. Health office staff will provide written treatment information and instructions, including how to check and identify head lice*.
3. A child who is sent home from school for head lice should miss no more than two school days.
4. A child who has been sent from school due to head lice must come to the health office for inspection before returning to class.
5. A child who returns to class with nits (eggs) will be checked again in 7-10 days.
6. Families are encouraged to report head lice to the school health office.
7. Individual buildings will perform classroom-wide or school-wide head checks as needed in order to control the condition at school.
*Nit removal will be emphasized for effective management of the condition. For more information call the office at your child’s school.
Birth Certificate Requirements
State law requires that a certified copy of a student’s birth certificate be used when enrolling a new student in school. If your child is registering with David City Public Schools for the first time, you may obtain this document from the Bureau of Vital Statistics in the state in which your child was born. Assistance in obtaining birth certificates may be obtained from Health Records Management, P.O. Box 95065, Lincoln, NE 68509-5065. (There is a fee per certificate.)
Please note: The document parents receive from the hospital looks like a birth certificate, but it is not a certified copy. A certified copy has the raised seal of the state of Nebraska on it and is signed by the director of vital statistics.
If a birth certificate is unavailable, other reliable proof of a student's identity may be used. These documents could include naturalization or immigration documents showing date of birth or official hospital birth records, a passport, or a translation of a birth certificate from another country. The documents must be accompanied by an affidavit explaining the inability to produce a copy of the birth certificate.
Communicable Diseases Policy
The District shall cooperate with the local and state health departments in developing procedures for the control of a response to communicable disease in the schools. All procedures shall conform to the regulations for communicable disease control established by the state health department.
In general, a student with a communicable condition will be allowed to attend school in the student’s usual class setting in the absence of undue risk to the health or safety to self and others. A student with a communicable condition is subject to an emergency exclusion if such undue risk is posed until such time as a plan and procedure, including reasonable accommodations are to be implemented to safely allow a return.
In general, employees and school volunteers with a communicable condition will be allowed to continue to work in their usual positions in the absence of undue risk to the health or safety of self and others. An employee or volunteer with a communicable condition is subject to exclusion from the work site if such undue risk exists until such time as a plan and procedure, including reasonable accommodation, are also to be implemented to safely allow a return.
Required reports of communicable diseases must be provided to the Board of Health without delay.
Section 4 Crisis Response Service:
- In the event of a crisis, the school system will continue to function as normally as possible and will not close due to that death.
- There will be no school-sponsored activities concerning the death with the exception of the crisis center. (i.e. visiting the funeral home, attending the funeral, visiting the family.)
- All scheduled school activities should proceed as planned.
- Students should not be dismissed from school unless a parent is notified.
- Students may attend the funeral if their parents have notified the school office. (This information will be included in the letter to the parents.)
- All memorials will be directed to the family and the family can then direct it to the Superintendent.
- Class collections will not be taken for memorials. (This information will be included in the letter to the parents.)
- Funeral or memorial services will not be held in the school (during school hours).
- This policy should be publicized as soon as possible and be put into the student handbook.
- The David City Schools Crisis Response Team members can be contacted regarding a crisis through either the Superintendent of Schools, building Principals, or personally at the following numbers:
Donna Behrns (Elementary Representative) - 367-3348
Audrey Mathiesen (High School Representative) - 367-3707
Karen Papa (Bellwood Elementary Representative) -539-2007
POLICY
When an event including the death of a student or staff person occurs which might produce psychological, physical, or emotional problems, the crisis response team will be empowered and authorized by the school board and administration to act in the best interests of students, staff, and district. The contact person at the elementary building is Donna Behrns, at the high school is Audrey Mathiesen, and at Bellwood elementary is Karen Papa.
OBJECTIVES
1. Provide an organized procedure to use should a crisis occur involving a student or member of the staff.
2. Maintain a safe environment for students and staff.
3. Prevent escalation of rumors.
4. Communicate with staff, students, parents and the public.
5. Continue effective instruction and carry out established routines, rules and regulations within the school building.
6. Meet special needs of individual students by working with parents, school staff, and specialists.
7. Provide support for those directly or indirectly involved.
8. Identify students at risk following a crisis.
9. Attempt prevention of imitative behavior in case of suicide.
Section 5 Transportation Services:
It is the philosophy of the David City Board of Education that students must be well-behaved when riding school buses on regular bus routes and for extra-curricular activity trips. The Board believes this is a necessary part of a safe ride.
The following is a list of behaviors that will not be tolerated on school buses:
a. Moving about the bus when the bus is in motion
b. Profane or obscene language or actions
c. Throwing of objects
d. Failure to sit in assigned seat at request of driver
e. Excessive noise that detracts bus driver
f. Carrying on or having in possession water balloons, knives, razor blades, etc.
g. Eating, drinking, smoking or chewing tobacco on bus
h. Defacing or damaging the bus inside or out
i. Fighting or intentionally provoking fights in or around the bus
j. Placing any part of body or any articles out the window
k. Any other serious disruptive action
l. Any other violation of the rules of student conduct set forth in the "Students’ Rights and Responsibilities" provisions of the "David City Public School Handbook of Policies and Rules"
If a student is suspected of breaking one of the above mentioned behaviors, a "Bus Violation Report to Parents" will be completed and given to the building principal. The principal will conference with the student and the student will receive a warning for the first offense. The bus driver, principal, and student will sign the "Bus Violation Report to Parents" and it will be sent to the parents or guardians informing them of their child’s behavior, outlining the consequences of a repeated violation, and requiring the parent’s signature. The completed "Bus Violation Report to Parents" must be returned to the bus driver before the student will be allowed to ride the bus again.
For a second offense, a student will be assigned a detention after school. The bus driver, principal, and student will sign the "Bus Violation Report to Parents" and it will be sent to the parents or guardians informing them of their child’s behavior, outlining the consequences of a repeated violation, and requiring the parent’s signature. The completed "Bus Violation Report to Parents" must be returned to the bus driver before the student will be allowed to ride the bus again.
For a third offense the student will be suspended from riding the bus for five (5) consecutive school days. The bus driver, principal, and student will sign the "Bus Violation Report to Parents" and it will be sent to the parents or guardians informing them of their child’s behavior, outlining the consequences of a repeated violation, and requiring the parent’s signature. The completed "Bus Violation Report to Parents" must be returned to the bus driver before the student will be allowed to ride the bus again.
For the fourth offense, a student will be suspended from riding the bus for ten (10) school days even though those days may be part of the next semester or next school year. The bus driver, principal, and student will sign the "Bus Violation Report to Parents" and it will be sent to the parents or guardians informing them of their child’s behavior, outlining the consequences to be served before the student will be allowed to ride the bus again.
For the fifth offense, a student will be suspended from riding the bus for thirty (30) school days even though those days may be part of the next semester or next school year. The bus driver, principal, and student will sign the "Bus Violation Report to Parents" and it will be sent to the parents or guardians informing them of their child’s behavior, outlining the consequences of a repeated violation, and requiring the parent’s signature. The completed "Bus Violation Report to Parents" must be returned to the bus driver before the student will be allowed to ride the bus again.
If after the fifth offense another incident should occur, possible termination of bus privileges for the remainder of the school year will be discussed.
PROCEDURES
Busing is provided for all students in grades 7-12 that reside in our school district and to those students in grades 9-12 who live in a Class I District that has affiliated with David City Public Schools. Parents of those students who have optioned into the DavidCitySchool District are responsible for their student’s bus transportation and any additional costs. DavidCityPublic School buses will not go outside of the normal busing route to accommodate option students. Class I Districts that have contracted with David City Public Schools are responsible for the transportation expenses of any contracted students.
When certain roads are impassable, your bus driver will notify you if, in their judgment, they cannot drive to your regular stop. An alternate pick-up point will be worked out between you and the bus driver. This is being done because road conditions may vary with each storm. If you have any questions, call your driver.
Some things that parents can do to assist us to have a smooth, safe operations of the transportation system are:
1. Have your child/children at the bus stop on time. Bus drivers will only wait a maximum of three (3) minutes for your child. (It would be courteous to call the parents next on the route to notify them the bus is on the way.)
2. Be sure that arrangements have been made for your child/children to remain in town in the event they cannot be transported home. If you have not notified the principal’s office, please do so immediately.
3. Be sure your child/children dresses warmly every day for the bus trip to school. Situations can develop, even on a clear winter day, which could cause a bus to stall. Should this occur, the clothing your child/children has on may be needed to keep warm until assistance arrives.
Drugs, Alcohol and Tobacco
Section 1 Drug-Free Schools
The District implements regulations and practices which will ensure compliance with the Federal Drug-Free Schools and Communities Act and all regulations and rules promulgated pursuant thereto. The District’s safe and drug-free schools program is established in accordance with principles of effectiveness as required by law to respond to such harmful effects.
Education and Prevention:
This District promotes comprehensive, age appropriate, developmentally based drug and alcohol education and prevention programs, which will include in the curriculum the teaching of both proper and incorrect use of drugs and alcohol for all students in all grades of this School District. Further, this District will have proper in-service orientation and training for all employed staff.
Drug and Alcohol Use and Prevention.
By this handbook, each student of the District is hereby provided a copy of the standards of conduct for student behavior in the District which prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol on school premises or as a part of any of the school's activities.
Drug and Alcohol Education and Prevention Program of the District Pursuant to The Safe and Drug-FreeSchools and Communities Laws and Regulations .
All students are provided age appropriate, developmentally based drug and alcohol education and prevention program for all students of the schools. It shall be the policy of the District to require instruction at such grade level concerning the adverse effects resulting from the use of illicit drugs and alcohol. Such instruction shall be designed by affected classroom teachers or as otherwise directed by the Board to be appropriate to the age of the student exposed to such instruction. One of the primary objectives shall be the prevention of illicit drug and alcohol use by students. It shall further be the policy of the District to encourage the use of outside resource personnel such as law enforcement officers, medical personnel, and experts on the subject of drug and alcohol abuse, so that its economic, social, educational, and physiological consequences may be made known to the students of the District.
It shall further be the policy of the District, through the instruction earlier herein referred to, as well as by information and consistent enforcement of the Board's policy pertaining to student conduct as it relates to the use of illicit drugs and the unlawful possession and use of alcohol, that drug and alcohol abuse is wrong and is harmful both to the student and the District, and its educational programs.
Drug and Alcohol Counseling, Rehabilitation and Re-entry Programs.
All students shall be provided information concerning available drug and alcohol counseling, rehabilitation, and re-entry programs within sixty miles of the administrative offices of the District or, where no such services are found, within the State of Nebraska. Information concerning such resources shall be presented to all of the students of the District upon request by the Guidance Counselor.
In the event of disciplinary proceedings against any student for any District policy pertaining to the prohibition against the unlawful possession, use, or distribution of illicit drugs and alcohol, appropriate school personnel shall confer with any such student and his or her parents or guardian concerning available drug and alcohol counseling, rehabilitation, and re-entry programs that appropriate school personnel shall consider to be of benefit to any such student and his or her parent or parents or guardian.
Standards of Student Conduct Pertaining to the Unlawful Possession, Use, or Distribution of Illicit Drugs or Alcohol on School Premises or as a Part of Any of the School's Activities.
(In addition to standards of student conduct elsewhere adopted by board policy or administrative regulation to absolutely prohibit the unlawful possession, use, or distribution of illicit drugs or alcohol on school premises or as a part of any of the school's activities.) This shall include such unlawful possession, use, or distribution of illicit drugs and alcohol by any student of the District during regular school hours or after school hours at school sponsored activities on school premises, at school sponsored activities off school premises.
Conduct prohibited at places and activities as hereinabove described shall include, but not be limited to, the following:
1. Possession of any controlled substance, possession of which is prohibited by law.
2. Possession of any prescription drug in an unlawful fashion.
3. Possession of alcohol on school premises or as a part of any of the school's activities.
4. Use of any illicit drug.
5. Distribution of any illicit drug.
6. Use of any drug in an unlawful fashion.
7. Distribution of any drug or controlled substance when such distribution is unlawful.
8. The possession, use, or distribution of alcohol.
It shall further be the policy of the district that violation of any of the above prohibited acts will result in disciplinary sanction being taken within the bounds of applicable law, up to and including short term suspension, long term suspension, expulsion, and referral to appropriate authorities for criminal prosecution.
Drugs and Alcohol Prohibited - Standards of Conduct for Students and Employed Staff:
The manufacture, possession, selling, dispensing, use or being under the influence of alcohol or any alcoholic beverage or alcoholic liquor on school grounds, or during an educational function, or event off school grounds, or off school grounds if there is a substantial interference with school purposes, is prohibited.
The possession, selling, dispensing, use or being under the influence of any controlled substance or drug, including but not limited to marijuana, any narcotic drug, any hallucinogen, any stimulant, or any depressant on school grounds, or during the educational function or event off school grounds, or off school grounds if there is a substantial interference with school purposes, is prohibited.
The possession, selling, dispensing, use or being under the influence of any abusable glue or aerosol paint or any other chemical substance for inhalation, including but not limited to lighter fluid, whiteout, and reproduction fluid, when such activity constitutes a substantial interference with school purposes on school grounds or during and educational function, or event off school grounds, is prohibited.
The possession, selling, dispensing or use of any look-alike drug or look-alike controlled substance when such activity constitutes a substantial interference with school purposes on school grounds or during an educational function, or event off school grounds, is prohibited.
Any prescription or non-prescription drug, medicine, vitamin or other chemical may not be taken unless authorized as stated in the next section on AUTHORIZED USE.
Authorized Use:
Any student whose parent or guardian requests that he or she be given any prescription or non-prescription medicine, drug, or vitamin shall provide signed permission by parent or physician.
Disciplinary Sanctions:
1. Violation of this policy may result in suspension or expulsion. Prohibited substances will be confiscated and could be turned over to law enforcement authorities. The student may be referred for counseling or treatment. Parents or legal guardian will be notified.
2. If the student is observed to be violating this policy, the student will be escorted to the Principal/Superintendent's office immediately, or if not feasible, the Principal/ Superintendent will be notified. The student's parents or legal guardian will be requested to pick up the student. If it appears there is imminent danger to other students, school personnel, or students involved, the Principal/Superintendent, or such other personnel as authorized by the Principal/Superintendent, may have the student removed by authorized medical or law enforcement personnel.
3. Parents and students shall be given a copy of the standards of conduct and disciplinary sanctions required and shall be notified that compliance with the standards of conduct is mandatory.
Intervention:
The David City Public School District does not have the authority or responsibility to make medical or health determinations regarding chemical dependency. However, when observed behavior indicates that a problem exists which may affect the student's ability to learn or function in the educational climate or activity, the school then has the right and responsibility to refer the student for a formal chemical dependency diagnosis based on behavior observed by school staff. The school will issue a statement to all students and employed staff that the use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful. The school shall make available to students and employed staff information about any drug and alcohol counseling, and rehabilitation and re-entry programs, which are available to students.
Administration:
The administration is authorized to adopt such administrative rules, regulations or practices necessary to properly implement this policy. Such regulations, rules or practices may vary the procedures set forth herein to the extent necessary to fit the circumstances of an individual situation. Such rules, regulations and practices may include administrative forms, such as checklists to be used by staff to record observed behavior and to determine the proper plan of action.
Parental Notice--Safe and Drug-FreeSchools
NOTICE TO PARENTS: Pursuant to the provisions of the No Child Left Behind Act, if upon receipt of information regarding the content of safe and drug free school programs and activities other than classroom instruction a parent objects to the participation of their child in such programs and activities, the parent may notify the School District of such objection in writing. Upon the receipt of such notice the student will be withdrawn from the program or activity to which parental objection has been made.
Student Rights, Conduct, Rules and Regulations
Section 1 Student Conduct and Discipline Policies:
The common goal of students, parents, faculty and administration of the David City Public School District is to maintain a school atmosphere which is conducive to learning. In order to achieve this, David City Public Schools will continue to review and distribute a set of reasonable and fair rules and policies. VIOLATIONS OF THE DAVID CITY PUBLIC SCHOOLS’ RULES AND POLICIES WILL RESULT IN DISCIPLINARY ACTION.
Part 1 Student Conduct:
Students have an opportunity to learn by sharing some of the responsibility for creating a good learning environment. To help maintain a quality instructional environment for all students attending David City Public Schools, all students are expected to refrain from the following conduct.
Grounds for Short-Term Suspension, Long-Term Suspension, Expulsion or Mandatory Reassignment:
The failure to refrain from the following conduct shall constitute grounds for long-term suspension, expulsion, or mandatory reassignment, subject to the procedural provisions of the Student Discipline Act, Neb. Rev. Stat. § 79-254 through 79-296, when such activity occurs on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event:
1. Use of violence, force, coercion, threat, intimidation, or similar conduct in a manner that constitutes a substantial interference with school purposes;
2. Willfully causing or attempting to cause substantial damage to property, stealing or attempting to steal property of substantial value, or repeated damage or theft involving property;
3. Causing or attempting to cause personal injury to a school employee, to a school volunteer, or to any student. Personal injury caused by accident, self-defense, or other action undertaken on the reasonable belief that it was necessary to protect some other person shall not constitute a violation of this subdivision;
4. Threatening or intimidating any student for the purpose of or with the intent of obtaining money or anything of value from such student;
5. Knowingly possessing, handling, or transmitting any object or material that is ordinarily or generally considered a weapon;
6. Engaging in the possession, selling, dispensing, or use of a controlled substance or an imitation controlled substance, as defined in section 28-401, a substance represented to be a controlled substance, or alcoholic liquor as defined in section 53-103 or being under the influence of a controlled substance or alcoholic liquor (note: the term "under the influence" for school purposes has a less strict meaning than it does under criminal law; for school purposes, the term means any level of impairment and includes even the odor of alcohol on the breath or person of a student; also, it includes being impaired by reason of the abuse of any material used as a stimulant);
7. Public indecency;
8. Sexually assaulting or attempting to sexually assault any person. In addition, if a complaint has been filed by a prosecutor in a court of competent jurisdiction alleging that the student has sexually assaulted or attempted to sexually assault any person, including sexual assaults or attempted sexual assaults, the student is subject to suspension, expulsion, or mandatory reassignment regardless of where the conduct took place. For purposes of this subdivision, sexual assault shall mean sexual assault in the first degree and sexual assault in the second degree as defined in sections 28-319 and 28-320, as such sections now provide or may hereafter from time to time be amended;
9. Truancy or failure to attend assigned classes or assigned activities;
10. Tardiness to school, assigned classes or assigned activities;
11. The use of language, written or oral, or conduct, including gestures, which is profane or abusive to students or staff members. Profane or abusive language or conduct includes, but is not limited to, that which is commonly understood and intended to be derogatory toward a group or individual based upon race, gender, national origin, or religion;
12. Dressing in a manner which is dangerous to the student's health and safety, a danger to the health and safety of others, or which is disruptive, distractive or indecent to the extent that it interferes with the learning and educational process. (Further dress code information is provided in a later section).
13. Willfully violating the behavioral expectations for those students riding David City Public School buses.
14. Engaging in any other activity forbidden by the laws of the State of Nebraska which activity constitutes a danger to other students or interferes with school purposes; or
15. A repeated violation of any rules and standards validly established by the Board of Education or school officials if such violations constitute a substantial interference with school purposes.
1. In addition, a student who engages in the following conduct occurs on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event shall be expelled for the remainder of the school year in which it took effect if the misconduct occurs during the first semester, and if the expulsion for such conduct takes place during the second semester, the expulsion shall remain in effect for the first semester of the following school year, with the condition that such action may be modified or terminated by the school district during the expulsion period on such terms as the administration may establish:
a. The knowing and intentional use of force in causing or attempting to cause personal injury to a school employee, school volunteer, or student, except if caused by accident, self-defense, or on the reasonable belief that the force used was necessary to protect some other person and the extent of force used was reasonably believed to be necessary, or,
b. The knowing and intentional possession, use, or transmission of a dangerous weapon other than a firearm.
2. In addition, a student who is determined to have brought a firearm to school, or to have possessed a firearm at school, shall be expelled from school for a period of not less than one year. The Superintendent may modify such one year expulsion requirement on a case-by-case basis, provided that such modification is in writing. The term "to school" or "at school" means on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event.
Bringing a firearm or other dangerous weapon to school for any reason is discouraged; however, a student will not be subject to disciplinary action if the item is brought or possessed under the following conditions:
a. Prior written permission to bring the firearm or other dangerous weapon to school is obtained from the student's teacher, building administrator and parent.
b. The purpose of having the firearm or other dangerous weapon in school is for a legitimate educational function.
c. A plan for its transportation into and from the school, its storage while in the school building and how it will be displayed must be developed with the prior written approval by the teacher and building administrator. Such plan shall require that such item will be in the possession of an adult staff member at all times except for such limited time as is necessary to fulfill the educational function.
d. The firearm or other dangerous weapon shall be in an inoperable condition while it is on school grounds.
Additional Student Conduct Rules:
The following additional student conduct rules are established. Failure to comply with such rules is grounds for disciplinary action, up to and including expulsion, as further specified in these rules. These rules govern student conduct on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event.
18. Student Appearance Policy:
Students at David City Public Schools are expected to dress in a way that is appropriate for a school setting. Students should not dress in a manner that is dangerous to the health and safety of anyone or interferes with the learning environment or teaching process in our school. Following is a list of examples of attire that will not be considered appropriate, such list is not exclusive and other forms of attire deemed inappropriate by the administration may be deemed inappropriate for the school setting:
a. Clothing or jewelry that is gang related;
b. Clothing that shows an inappropriate amount of bare skin or underwear (midriffs, spaghetti straps, sagging pants);
c. Clothing or jewelry that advertises beer, alcohol, tobacco, or illegal drugs;
d. Clothing or jewelry that could be used as a weapon (chains, spiked apparel) or that would encourage "horse-play";
e. Head wear including hats, caps, bandannas, and scarves;
f. Clothing or jewelry which exhibits nudity, makes sexual references or carries double meanings.
g. Tank Top Policy (applies to boys and girls):
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In order to help guide you with your Fall shopping for school clothes, use the diagram below to help you purchase clothing that meets school guidelines. Also, and not show in the diagram but on the same guidelines, do not wear jeans that are so low-cut as to expose undergarments. |
Consideration will be made for students who wear special clothing as required by religious beliefs, disability, or to convey a particularized message protected by law. The final decision regarding attire and grooming will be made by the Principal or Superintendent. In the event a student is uncertain as to whether a particular item or method of grooming is consistent with the school’s guidelines, the student should contact the Principal for approval, and may also review such additional posting of prohibited items or grooming which may be available in the Principal’s office.
Coaches, sponsors or teachers may have additional requirements for students who are in special lab classes, students who are participants in performing groups or students who are representing the school as part of an extracurricular activity program.
On a first offense of the dress code, the student may call home for proper apparel. If clothes cannot be brought to school, the student will be assigned to in-school suspension for the remainder of the day. Students will not be allowed to leave campus to change clothes. Continual violations of the dress code will result in disciplinary actions under the Student Code of Conduct above. Further, in the event the dress code violation is determined to also violate other student conduct rules (e.g., public indecency, insubordination, expression of profanity, and the like), a first offense of the dress code may result in discipline, up to expulsion.
19. Harassment and Bullying Policy:
It is the policy of the David City Public School District that "bullying" type behavior is not to be permitted. These guidelines are established to respond specifically to bullying behavior. Students and parents are advised that other response measures are also in place and set forth in Article 10 of this handbook for behavior which is discriminatory or harassing on unlawful grounds (e.g., sexual harassment, harassment of students with disabilities, race harassment, etc.).
i. Step One: The first time school personnel become aware of a possible harassment or bullying situation, the accused student will be informed that such a complaint has been filed. At that time a warning will be given regarding this kind of behavior. The consequences for this kind of behavior in the future will be clearly outlined for the student. If, in the school’s opinion, the first occurrence of harassment behavior is severe, the school may move immediately to any of the four steps in the harassment policy. In other words, the policy may or may not be used sequentially. Moreover, at any stage the student may be disciplined under the student code by actions which may include expulsion, in the event the conduct is also a violation of other provisions of the student code.
ii. Step Two: The second time school personnel become aware of a harassment incident, the student’s parents will be notified. A conference will be requested at that time. If it is determined that the student has harassed another student, consequences will be assigned. A student may stay on the second step as long as school authorities feel the consequences are effectively correcting the harassment behaviors. If it is determined that there is no basis for the harassment accusation, no consequences will be assigned. If the school determines that a student is intentionally making a false accusation against another student, an appropriate response will be made.
iii. Step Three: If the school authorities determine that the student continues to harass another student or the student fails to agree to not harass in the future, the school may assign the student to the Harassment Program level set forth below which the school authorities determine to be appropriate.
iv. Step Four: If a student fails to respond positively to the corrective measures of the Harassment Program, the student will be suspended from school for a minimum of five school days, up to expulsion. School authorities will determine the action necessary to insure a safe learning environment for all students.
Harassment and Bullying Program--Levels:
Purpose: All students have the right to attend David City Public Schools free from verbal and physical harassment and bullying. The purpose of the Harassment and Bullying Program is to protect students and staff from those who fail or refuse to comply with school guidelines regarding the treatment of others.
1. Level I: The guidelines for a Level I placement are listed below.
- The length of the assignment will be for a minimum of two weeks.
- The student will report to the office no later than 8:00 a.m. each morning.
- The student will eat on campus at an assigned table.
- The student will report to an assigned room at the end of the day, and remain until the end of detention time.
2. Level II: The guidelines for this level are listed below.
- The length of the assignment will be for a minimum of two weeks.
- The student will report to the office no later than 8:00 a.m. each morning.
- The student will eat on campus at an assigned table.
- The student will report to an assigned room at the end of the day, and remain until the end of detention time.
- The student will remain in class at the end of each period. The student will be under direct teacher supervision during passing time. The teacher will dismiss the student at the end of the passing period. The student will then have three minutes to get to his/her next class.
3. Level III: This is a long term assignment. The guidelines are listed below.
- All items listed in Level II will be used, except the length of the assignment will be no less than six weeks, and may remain in effect until the end of the school year and continue into the next, if determined to be appropriate.
- The length of the assignment will be no less than six weeks, and may remain in effect until the end of the school year.
20. Public Displays of Affection:
Public Displays of affection will not be tolerated on school property or at school activities. Such conduct includes: hugging, kissing or any other types of affection that would be considered inappropriate or an undue distraction to others. Students will face the following consequences if this type of behavior occurs.
a. 1st Offense: Student will be confronted and directed to cease.
b. 2nd Offense: Student will be confronted, directed to cease, and parents will be notified.
c. 3rd Offense: Students will be suspended from school for a minimum of 1 day, and parents and student will need to meet with Administrator (s) and counselor.
d. If this type of behavior continues, the student could face long-term suspension or expulsion.
21. Network, E-Mail, Internet and Other Computer Use Rules:
a. General Rules:
i. The network is provided to staff and students to conduct research and communicate with others. Access to network services is given to staff and students who have agreed to act in a responsible manner. Parental permission is required for student use. Access for all staff and students is a privilege and not a right.
ii. Individual users of the district network are responsible for their behavior, actions, problems, and communications involving and over the network. Users will comply with district rules and will honor the agreements they have signed. Beyond clarification of such rules, the district is not responsible for restricting, monitoring, editing, or controlling the information, equipment or communications of individuals utilizing the network or the end product or result of such utilization.
iii. Network storage areas shall be treated like school property for students. Network administrators may review files, information, equipment, messages and communications of staff and students to maintain system integrity and insure that users are using the network system responsibly. Users should not expect that files or any information stored or otherwise used or retained on the network, district servers, or in computers, will be private. No reasonable expectation of privacy shall exist in relation to network use.
iv. Users should not expect, and the district does not warrant, any information or products obtained from the network, that files or information stored, obtained or used on the network will be private, and use of the network waives and relinquishes all such privacy rights, interests or claims to confidentiality the user may have under state or federal law.
v. The district will not be liable for, and does not warrant in any way, purchases made by any user over the network. Users shall not make purchases of goods and/or services via the district's network.
b. Policy and Rules for Acceptable Use of Computers and the Network: The following policy and rules for acceptable use of computers and the network, including Internet, shall apply to all district administrators, faculty, staff and students. The term "Users", as contained herein, shall apply to all such individuals. The Superintendent, or the Superintendent's designee, is hereby delegated all authority and is the ultimate person in charge of the district network and technology resources or equipment, and the same shall also be under the direct supervision of the site or building administrator where located, sometimes herein called "network administrators."
i. Users shall not erase, remake, or make unusable anyone else's computer, information, files, programs or disks. In addition to any other disciplinary action or legal action that may occur, any user violating this rule shall be liable for any and all damages to the computer, information, files, programs or disks.
ii. Users shall not let other persons use their name, account, log-on password, or files for any reason (except for authorized staff members).
iii. Users shall not use or try to discover another user's account or password.
iv. Users shall not use the computers or network for non-instructional or non-administrative purposes (e.g., games or activities for personal profit).
v. Users shall not use the computer for unlawful purposes, such as illegal copying or installation of unauthorized software.
vi. Users shall not copy, change, or transfer any software or documentation provided by teachers, or other students without permission from the network administrators.
vii. Users shall not write, produce, generate, copy, propagate, or attempt to introduce any computer code, software or information designed to self-replicate, damage, or otherwise hinder the performance of the network or any computer's memory, file system, or software.
viii. Users shall not use the computer to annoy or harass others with language, images, or threats. Users shall not access, accept, create or send any obscene, vulgar, lewd, tasteless, or objectionable messages, information, language, or images.
ix. Users shall not damage the network or equipment, damage information belonging to others, misuse network resources, or allow others to misuse network resources. In addition to any other disciplinary action or legal action that may occur, any user violating this or any other rule shall be liable for any and all damages to the computer, network, information, files, programs or disks.
x. Users shall not tamper with computers, networks, printers, or other associated equipment except as directed by the teacher or network administrator.
xi. Users shall not take technology equipment (hardware or software) from the school grounds or remove such from computer work areas without written permission of the administration.
c. Penalties for Violation of Rules: Use of the computer and access to telecommunications resources is a privilege and not a right. Violation of the policies, rules, and procedures concerning the use of computers and the network may result in disciplinary action up to, and including suspension and/or expulsion of students from school and loss of access.
d. Student and parent agreements: By the parent and student signing the Student Handbook Acknowledgement form, students are permitted to use the computer/network equipment. Failure to sign the Acknowledgement form may cause loss of computer access privileges.
Part 2 Forms of School Discipline
Short-Term Suspension:
Students may be excluded by the Principal or his designee from school or any school function for a period of up to five school days (short-term suspension) on the following grounds:
- Conduct constituting grounds for expulsion as hereinafter set forth; or,
2. Other violations of rules and standards of behavior adopted by the David City Public School Board of Education or the administrative or teaching staff of the school, which occur on or off school grounds, if such conduct interferes with school purposes or there is a nexus between such conduct and school.
The following process will apply to short-term suspensions:
- The Principal or the Principal’s designee shall make a reasonable investigation of the facts and circumstances. In addition, such short-term suspension will be made only after a determination that the suspension is necessary to help any student, to further school purposes, or to prevent an interference with school purposes.
- Prior to commencement of the short-term suspension, the student will be given oral or written notice of the charges against the student. The student will be advised of what the student is accused of having done, an explanation of the evidence the authorities have, and be afforded an opportunity to explain the student's version of the facts.
- Within 24 hours or such additional time as is reasonably necessary following the suspension, the Principal or administrator will send a written statement to the student, and the student's parent or guardian, describing the student's conduct, misconduct or violation of the rule or standard and the reasons for the action taken. An opportunity will be given to the student, and the student's parent or guardian, to have a conference with the Principal or administrator ordering the short-term suspension before or at the time the student returns to school. The Principal or administrator shall determine who in addition to the parent or guardian is to attend the conference.
Long-Term Suspension:
Students may be excluded by the Principal or the Principal’s designee from school or any school function for a period of more than five school days but less then twenty school days on (long-term suspension) the conduct constituting grounds for expulsion as hereinafter set forth. The process for long-term suspension is hereinafter set forth.
Expulsion:
- Meaning of Expulsion. Expulsion shall mean exclusion from attendance in all schools, grounds and activities of or within the system for a period not to exceed the remainder of the semester in which it took effect unless the misconduct occurred (a) within ten school days prior to the end of the first semester, in which case the expulsion shall remain in effect through the second semester, or (b) within ten school days prior to the end of the second semester, in which case the expulsion shall remain in effect for summer school and the first semester of the following school year, or (c) unless the expulsion is for conduct specified in these rules or in law as permitting or requiring a longer removal, in which case the expulsion shall remain in effect for the period specified therein. Such action may be modified or terminated by the school district at any time during the expulsion period.
- Summer Review. Any expulsion that will remain in effect during the first semester of the following school year will be automatically scheduled for review before the beginning of the school year. The review will be conducted by the hearing officer who conducted the initial expulsion hearing, or a hearing officer appointed by the Superintendent in the event no hearing was previously held or the initial hearing officer is no longer available or willing to serve, after the hearing officer has given notice of the review to the student and the student's parent or guardian. This review shall be limited to newly discovered evidence or evidence of changes in the student's circumstances occurring since the original hearing. This review may lead to a recommendation by the hearing officer that the student be readmitted for the upcoming school year. If the school board or board of education or a committee of such board took the final action to expel the student, the student may be readmitted only by action of the board. Otherwise the student may be readmitted by action of the Superintendent.
- Suspension of Enforcement of an Expulsion: Enforcement of an expulsion action may be suspended (i.e., "stayed") for a period of not more than one full semester in addition to the balance of the semester in which the expulsion takes effect, and as a condition of such suspended action, the student may be assigned to a school, class, or program and to such other consequences which the school district deems appropriate. In lieu of other authorized educational programs to which the student may be assigned, such school, class, or program may be offered as a community-centered classroom and may include experiences for the student as an observer or aide in governmental functions, as an on-the-job trainee, and as a participant in specialized tutorial experiences or individually prescribed educational and counseling programs. Such programs shall include an individualized learning program to enable the student to continue academic work for credit toward graduation. At the conclusion of the designated period: (1) if the student has satisfactorily participated in the school, class, or program to which such student has been assigned the student shall be reinstated and permitted to return to the school of former attendance or to attend other programs offered by the district, and action to expunge the record of the expulsion action may be taken at the discretion of the Superintendent or his or her designee, or (2) if the student's conduct has been unsatisfactory, the expulsion action shall be enforced. The determination of whether the students' participation and conduct has been satisfactory or not shall be made by Principal or the Principal’s designee.
- Students Subject to Juvenile or Court Probation. Prior to the readmission to school of any student who is less than nineteen years of age and who is subject to the supervision of a juvenile probation officer or an adult probation officer pursuant to the order of the District Court, County Court, or Juvenile Court, who chooses to meet conditions of probation by attending school, and who has previously been expelled from school, the Principal or the Principal’s designee shall meet with the student's probation officer and assist in developing conditions of probation that will provide specific guidelines for behavior and consequences for misbehavior at school (including conduct on school grounds and conduct during an educational function or event off school grounds) as well as educational objectives that must be achieved. If the guidelines, consequences, and objectives provided by the Principal or the Principal’s designee are agreed to by the probation officer and the student, and the court permits the student to return to school under the agreed to conditions, the student may be permitted to return to school. The student may with proper consent, upon such return, be evaluated by the school for possible disabilities and may be referred for evaluation for possible placement in a special education program. The student may be expelled or otherwise disciplined for subsequent conduct as provided in Board policy and state statute.
Other Forms of Student Discipline:
Administrative and teaching personnel may also take actions regarding student behavior, other than removal of students from school, which are reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process. Such actions may include, but need not be limited to, counseling of students, parent conferences, rearrangement of schedules, requirements that a student remain in school after regular hours to do additional work, restriction of extracurricular activity, or requirements that a student receive counseling, psychological evaluation, or psychiatric evaluation upon the written consent of a parent or guardian to such counseling or evaluation. The actions may also include in-school suspensions during the day. When in-school suspensions, after-school assignments, or other disciplinary measures are assigned, the student is responsible for complying with such disciplinary measures and a failure to serve such assigned discipline as directed will serve as grounds for further discipline, up to expulsion from school.
Part 3 Reporting Student Law Violations:
1. Cases of law violations or suspected law violations by students will be reported to the police and to the student's parents or guardian as soon as possible.
2. When a Principal or other school official releases a minor student to a peace officer (e.g., police officer, sheriff, and all other persons with similar authority to make arrests) for the purpose of removing the minor from the school premises, the Principal or other school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor to the officer and regarding the place to which the minor is reportedly being taken, except when a minor has been taken into custody as a victim of suspected child abuse, in which case the Principal or other school official shall provide the peace officer with the address and telephone number of the minor's parents or guardian.
3. In an effort to demonstrate that student behavior is always subject to possible legal sanctions regardless of where the behavior occurs it shall be the policy of the to notify the proper David City Public School District legal authorities when a student engages in any of the following behaviors on school grounds or at a school sponsored event:
a. Knowingly possessing illegal drugs or alcohol.
b. Assault.
c. Vandalism resulting in significant property damage.
d. Theft of school or personal property of a significant nature.
e. Automobile accident.
f. Any other behavior which significantly threatens the health or safety of students, staff or other persons or which is required by law to be reported.
Part 4 Due Process Procedure
Procedures for Long-Term Suspension, Expulsion or Mandatory Reassignment: The following procedures shall be followed with regard to any long-term suspension, expulsion or mandatory reassignment.
1. The Principal shall prepare a written summary of the alleged violation and the evidence supporting the alleged violation with the Superintendent or his or her designee.
2. If the Principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of (a) interference with an educational function or school purpose or (b) a personal injury to the student himself or herself, other students, school employee