MAINE SCHOOL ADMINISTRATIVE DISTRICT #34
Belfast Belmont Morrill Northport Searsmont Swanville
office of the superintendent – po box 363 – belfast me 04915
Telephone: 207 338-1960 FAX: 207 338-4597
SCHOOL BOARD POLICY MANUAL
Section J: Students
Code |
Description |
Adopted/Revised |
JE |
Student Attendance |
March 23, 1999 |
JEB |
Entrance Age Requirements |
March 23, 1999 |
JFAA |
Admission of Resident Students |
March 23, 1999 |
JFAB |
Admission of Nonresident Students |
March 23, 1999 |
JFABA |
Admission of Post-Graduate Students |
March 23, 1999 |
JFABD |
Admission of Homeless Students |
March 23, 1999 |
JFC |
Dropout Prevention/Student Withdrawal from School |
March 23, 1999 |
JHB |
Truancy |
March 23, 1999 |
JIB |
Student Involvement in Decision-making |
March 23, 1999 |
JICEC |
Student Distribution of Non-School Materials |
April 12, 2005 |
JICH |
Chemical Use/Possession by Students |
March 23, 1999 |
JICI |
Weapons, Violence and School Safety |
February 25, 2003 |
JICK |
Bullying Need to Develop Policy |
|
JIH |
Student Interrogations, Searches and Arrests |
June 22, 1999 |
JIH-E |
Student Search Checklist |
June 22, 1999 |
JIH-R |
Guidelines for Questioning/Searches of Students |
June 22, 1999 |
JJ |
Co-Curricular and Extra-Curricular Eligibility |
June 22, 1999 |
JJE |
Fund-Raising Activities by Students |
March 23, 1999 |
JJI |
Student Athletics |
March 23, 1999 |
JJIA |
Emergency Athletic |
March 28, 2006 |
JJIB |
Athletic Teams |
March 23, 1999 |
JK |
Student Discipline |
March 23, 1999 |
JKB |
Detention of Students |
March 23, 1999 |
JKD |
Suspension of Students |
March 23, 1999 |
JKE |
Expulsion of Students |
March 23, 1999 |
JKE-R |
Expulsion of Students Guidelines |
March 23, 1999 |
JKF |
Suspension/Expulsion of Students w/ Disabilities |
March 23, 1999 |
JKF-R |
Suspension/Expulsion of Students w/ Disabilities Administrative Regulations |
March 23, 1999 |
JKGA |
Time Out Rooms and Therapeutic Restraint |
February 25, 2003 |
JKGA-E |
RESTRAINT INCIDENT REPORT |
|
JKGA-R |
Time Out Rooms and Therapeutic Restraint Administrative Procedures |
February 25, 2003 |
JL |
Student Wellness (included in Policy EF) |
|
JLC |
Student Health Services |
March 23, 1999 |
JLC-E |
Return To Play Form |
March 23, 1999 |
JLCB |
Immunization of Students |
March 23, 1999 |
JLCC |
Communicable/Infectious Diseases |
February 25, 2003 |
JLCCA |
Pediculosis |
March 23, 1999 |
JLCD |
Administering Medicines to Students |
June 26, 2001 |
JLCE |
Student First Aid and Emergency Medical Care |
May 23, 2006 |
JLCF |
Life Threatening Allergy Policy and Procedure |
March 23, 2004 |
JLDBG |
Reintegration of Students from Juvenile Correctional Facilities |
March 23, 2004 |
JLF |
Reporting Child Abuse |
March 23, 1999 |
JLF-E |
Suspected Child Abuse Reporting Form |
March 23, 1999 |
JLIB |
Student Dismissal Precautions |
March 23, 1999 |
JRA |
Student Records |
January 27, 2004 |
JRA-E |
Notification of Rights Under FERPA |
January 27, 2004 |
JRA-R |
Student Education Records and Information Administrative Procedure |
January 27, 2004 |
|
Revised: October 18, 2006 |
|
Section JE STUDENT ATTENDANCE
Under the statutes of the State of Maine, children who are 7 years of age or older and under 17 years of age must attend school during the times it is in regular session. The designee of the Board for the implementation of the requirements of MRSA § 5001-A and 5001-B is the Superintendent of Schools.
The School Board expects students to attend school regularly so they may derive maximum benefit from the instructional program and may develop habits of punctuality, self-discipline and responsibility.
The staff of each school will develop programs to foster the regular attendance and punctuality of all students. The school staff will identify barriers to good attendance and take steps to remove those barriers. The cooperation of parents will be sought in efforts to prevent and to remediate the poor attendance of their children.
Legal References: 20–A~MRSA § 5001-A and B
20–A~MRSA § 5051
Adopted: 1984
Revised: May 27, 1997
Revised: March 23, 1999
Section JEB ENTRANCE AGE REQUIREMENTS
Maine Law requires students to be at least five years old on October 15 of the school year to enroll in school.
Students who meet the minimum legal age requirement should usually be enrolled in Kindergarten. However, MSAD~#34 recognizes that exceptions to this initial placement may be justified under limited circumstances, similar to acceleration of students in Kindergarten through Grade 8. In such rare cases, students may be placed in Grade 1 upon enrollment at the discretion of the Principal in accordance with the following:
Social and emotional maturity should have been demonstrated, such as to predict success in Grade One;
The Principal may require assessments necessary to making a proper determination of placement;
The decision of placement lies with the Principal, appealable to the Superintendent whose decision shall be final;
Any such placement is to be conditioned upon demonstrated success, and reviewed at appropriate intervals; and
All such placements are to be reported to the Superintendent by the Principal.
Legal Reference: 20–A~MRSA § 5201 §§ 2
Adopted: 1984
Revised: May 27, 1997
Revised: March 23, 1999
Section JFAA ADMISSION OF RESIDENT STUDENTS
MSAD # 34 shall admit as students those of legal school age whose parents or guardians legally reside within the District. Adequate proof of residence shall be required. The Board of Directors directs the Superintendent to verify residency through appropriate means for any enrolled student or any family applying for enrollment.
“Residence” shall be considered the primary place where important family activity takes place—the place where the family eats, sleeps, relaxes and plays. It is a place that can be called a “home”. While it is possible for an individual to maintain property and pay taxes in more than one location or community, for purposes of student eligibility for school attendance, “residence” shall mean the primary place where the parent maintains a home.
Guardianship shall be substantiated by a copy of a court order or probated will appointing the resident as guardian of the student. Power of Attorney shall not be recognized as sufficient to establish guardianship for the purposes of student eligibility for attendance in the schools of MSAD #34.
Resident students entering school for the first time shall be admitted upon presentation of an original birth certificate to the principal, along with a record of required inoculations or appropriate waiver, and pertinent health records. Photocopies shall be made and retained in the student’s file.
New resident students who are transferring into the school system shall be admitted on the basis of age, health and academic records received from the previous school. However, original documentation may be required if deemed necessary to appropriately determine a student’s eligibility for enrollment and assignment.
Legal Reference: 20–A~MRSA § 5202; §6001-B
Maine Commissioner of Education Information Letter #26, 12/22/92
Adopted: April 29, 1993
Revised: March 23, 1999
Section JFAB ADMISSION OF NONRESIDENT STUDENTS
MSAD # 34 shall admit as students those of legal school age whose parents or guardians legally reside within the District. Nonresident students may be accepted under any to the following conditions:
Under an agreement with another local school administrative unit, upon payment of the tuition fee set by the Department of Education
Following receipt of a written parental request and formal approval by the Superintendent on a space/program-available basis, upon payment of the tuition fee set by the Department of Education. Reapplication shall be made annually. Behavior, cooperation and suitability of programming shall be considered in the decision to accept the applicant.
A foreign exchange student who is assigned locally and under the auspices of a recognized foreign exchange program may be admitted without the assessment of tuition if there is an appropriate program available.
A student whose family provides evidence of intent to move to the community shortly after a school year begins may be permitted to attend school without tuition with special permission from the Superintendent and agreement of the sending/receiving Superintendent.
A member of the student body who loses legal residence within the District may continue to attend until the end of the ranking period or the school year, whichever comes first. If the Superintendents involved mutually agree, the student may remain as provided by law. Failure on the part of the student to maintain a satisfactory academic and conduct record will allow the Superintendent to revoke this privilege.
Nonresident students may be accepted in specific accordance with Maine statutes relating to the assignment of students for school purposes such as: state wards; those for whom the Superintendent determines it is in the student’s best interest to attend; students placed by state agencies; homeless children of school age; students living at light, fog warning or life stations; temporary residents; and a transfer student when the two Superintendents approve for the student’s best interest.
Legal Reference: 20–A~MRSA § 5203 et seq.
Adopted: April 29, 1993
Revised: March 23, 1999
Section JFABA ADMISSION OF POST-GRADUATE STUDENTS
Post-graduate students will be permitted to attend school for the fifth year, providing approval is recommended by the Principal and approved by the Board of Directors.
Legal Reference: 20–A~MRSA §
Adopted: 1984
Revised: March 23, 1999
Section JFABD ADMISSION OF HOMELESS STUDENTS
The MSAD # 34 Board of Directors recognizes its obligation to provide a free public education to homeless children and youth. In cooperation with the school unit of origin, the school district will provide homeless students with suitable programs that ensure equal access to education and the receipt of services comparable to services offered to other students in the district.
Legal Reference: Title 20-A MRSA §5205-7
Maine Department of Education Rules Chapter 014
Adopted: March 8, 1994
Revised: March 23, 1999
Section JFC DROPOUT PREVENTION-STUDENT WITHDRAWAL FROM SCHOOL
The Board believes that a high school diploma signifies the minimum preparation for life.
Therefore, the Board strongly urges every teacher, guidance counselor, principal, parent, and citizen to exert influence to keep all students in school through high school.
Dropout Prevention Committee
In order to reduce the school dropout rate, the Superintendent shall establish a Dropout Prevention Committee to study the problem of dropouts, habitual truancy, and the need for alternative programs, Kindergarten to grade 12. The committee will meet at least annually, make recommendations for addressing the problem, and submit a plan of action to the Board in accordance with the provisions in Maine law. The committee will consider the following when developing its plan: reasons why students drop out of school; maintenance of continuing contracts with recent dropouts in order to extend opportunities for alternate educational program, counseling, and referral; education of teachers and administrators about the dropout problems; use of human services programs to help dropouts; the Board’s policies on suspension,
expulsion, and other disciplinary action; and discriminatory practices and attitudes within the District.
Committee Membership
As required by law, the Dropout Prevention Committee shall be composed of the following members:
A member of the Board selected by the Board;
A school administrator selected by the Superintendent;
A teacher and a school counselor selected by the teachers’ organization;
A parent selected by the local parent group or by the Board if no such group exists;
A school attendance coordinator from the school system selected by the Superintendent;
A high school student selected by the Dropout Prevention Committee members selected in paragraphs 1 to 5;
A dropout selected by the Dropout Prevention Committee members selected in paragraphs 1 to 5; and
A community resident of the District selected by the Dropout Prevention Committee members selected in paragraphs 1 to 5.
The Board recognizes the importance of success as a motivator and as a factor in a student’s commitment to education. For those students who have been identified as at risk of dropping out, every effort will be made to provide alternative instructional arrangements that take into account both the student’s need for success and the unit’s commitment to adequate minimum standards of achievement.
Student Withdrawal from School
In the event that students do withdraw from school, school administrators shall arrange for regular contacts to be made with them for the purpose of informing them of the process for readmission, making them aware of alternatives in the community for continuing their education and stating the District’s willingness to assist them in their educational efforts.
Legal Reference: 20-A MRSA §§5001-A; 5102-5103
Cross Reference: JEA Compulsory Attendance Ages
Adopted: March 23, 1999
Section JHB TRUANCY
A student is habitually truant if the student has attained the equivalent of 10 full days of non-excused absences or seven consecutive school days of non-excused absences during the school year. The Code of Maine requires the appointment of an attendance coordinator. The Board hereby appoints the principals to serve as attendance coordinators for their respective schools.
A student’s absence is excused when the absence is for the following reasons:
Personal illness;
An appointment with a health professional that must be made during the regular school day;
Observance of a recognized religious holiday when the observance is required during the regular school day;
A family emergency; or
A planned absence for a personal or educational purpose which has been approved by the Principal
If the Principal determines that a student is habitually truant, the Principal shall notify the Superintendent who shall first try to solve the problem informally. If the matter cannot be corrected by the Principal and Superintendent, the Superintendent shall refer the matter to the Board along with a report of interventions that have been tried to rectify the problem. The Board will call a hearing and notify the student’s parents of the hearing according to the provisions in the Maine law. If the Board determines that a student is habitually truant, it shall either instruct the student to attend school as required by Maine law and advise the parents of their responsibility under law to assure the student’s attendance, or waive the requirements of section 5001-A if the student is 15 years of
age or older.
Legal Reference: Title 20-A MRSA §5051
Original Policy Adopted: 1984 (JEDA)
Original Policy Revised: February 1, 1993
Policy Replaced: March 23, 1999
Section JIB STUDENT INVOLVEMENT IN DECISION-MAKING
The Board believes that the active involvement of students in their education, including educational planning and evaluation and the fostering of a spirit of inquiry, whereby students may freely express their views and listen to and evaluate the opinions of others, are two factors which are essential to the creation of a stimulating learning climate. Students will be encouraged to attend open School Board meetings and participate in discussions
Adopted: February 23, 1988
Revised: March 23, 1999
Section JICEC STUDENT DISTRIBUTION OF NON-SCHOOL MATERIALS
It is beneficial to the educational mission of the school for students to express their own views concerning a wide variety of topics and issues and share them in an appropriate manner with other students in the school. Students' rights to express their views in the school, however, must be exercised responsibly and with consideration for the special characteristics of the school. The school has a duty to ensure that students' views are expressed in a manner that is consistent with the educational mission of the school.
The following rules shall apply to student distribution of non-school materials on school premises.
A. Distribution Limited to Student Materials
Students may express their views, subject to this policy, through distribution of their own materials. Students shall not be used as a conduit, however, for the dissemination of materials by outside individuals or groups for commercial or other purposes. All materials must meet the guidelines delineated in Section C.
B. Copy for Principal
A copy of the materials shall be provided to the principal at least 2 days before the time distribution is to begin, along with the name of the student or students who are distributing the materials.
The principal shall determine whether the materials comply with the guidelines of this policy and shall consult with the Superintendent and legal counsel if necessary.
The schools' determination that the material complies with the guidelines does not imply approval of its contents by the school, the administrators of the school, the Board of Directors, or the individual reviewing the material submitted. The distributors and authors of the material shall be solely responsible for its contents.
C. Guidelines
Materials distributed on school premises shall not include expression that (see Section F for
definitions)
1. Is obscene, indecent, or vulgar;
2. Is libelous;
3. Advertises any product or service not permitted to minors by law;
4. Contains expressions which may be perceived to injure or harass individuals; (e.g., threats of
violence or harassment based on race, religion, ethnic origin, handicap or gender);
5. May cause a material and substantial disruption of the orderly operation of the school or
school activities, including unlawful acts or violation of Board policies or school rules;
6. May be perceived as sponsored or endorsed by the school;
7. Is deemed inappropriate to the age and emotional maturity of students.
D. Time, Place and Manner of Distribution
Students may distribute materials at any entrance or exit to the school before and after school and
in a location in the cafeteria designated by the principal during all lunch periods. Students shall
not distribute materials in a manner which disrupts any school activity or blocks or impedes the
safe flow of traffic within corridors and entrance ways of the school. No students or staff
members shall be compelled or coerced to accept any materials. Students who distribute materials
shall be responsible for cleaning up materials left on the grounds and within school buildings.
E. Compliance with Policy
Violations of this policy may result in disciplinary action.
F. Policy Definitions
I. Obscene to minors is defined as:
a) The average person, applying contemporary community standards would find that the
written material, taken as a whole appeals to the prurient interest of minors;
b) The material depicts or describes sexual conduct in a manner that is patently offensive to
prevailing standards in the adult community: and/or
c) The material, taken as a whole, lacks serious literary, artistic, political or scientific value
for minors.
2. Minor means any person under the age of 18.
3. Libel is a false written statement about a specific individual that tends to harm the individual's
reputation or lower him/her in the esteem of the community.
4. Distribution means circulation or dissemination of materia1s by means of handing out free
copies, selling or offering copies for sale and accepting donations for copies. It includes
displaying materials in areas of the school which are generally frequented by students.
5. Materials include any form of communication including, but not limited to, writing, printing,
recorded tape, film, video, any digital medium, amplified voice, or displays of symbols for the
purpose of communication or expression.
Cross Reference: KHC- Public Distribution of Non-School Materials
Adopted: October 14, 2004
Revised: April 12, 2005
Section JICH CHEMICAL USE AND/OR POSSESSION BY STUDENTS
The School Board and staff of the Maine School Administrative District # 34 support a safe and healthy learning environment for students which is free of the detrimental effects of drugs and alcohol. Accomplishing this goal requires a cooperative effort among school staff, students, parents, law enforcement and organizations concerned with the use of drugs and alcohol by school-aged youth.
In order to promote the safety, health and well-being of students, the School Board endorses a three-pronged approach to address the issue of drug and alcohol use: prevention/education; intervention and discipline. The Superintendent is responsible for developing appropriate administrative procedures, curricula and programs to implement this policy.
Prohibited Conduct
No student shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage, fortified wine or other intoxicating liquor. Nor shall a student manufacture, distribute, dispense, possess, use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, any other controlled substance defined in federal and state laws/regulations, any look-alike substance, or any substance that is represented to be a controlled substance. No student shall use any substance or product, although not necessarily designed to be a drug, such as aerosol products, glue, etc., as a mind-altering substance.
It is not a violation for a student to be in possession of a legally defined drug specifically prescribed for the student's own use by his/her health care professional. If prescribed medication is to be taken by a student at school, the student and parents must notify the school principal, who will inform appropriate school staff.
These prohibitions apply to any student who is on school property, who is in attendance at school or at any school sponsored activity or whose conduct at any time or place directly interferes with the operations, discipline or general welfare of the school.
Disciplinary Action
Any staff member who has reasonable basis to suspect any student of possession, use or selling to another student of a prohibited substance has the responsibility to:
Take whatever immediate action that may be necessary to secure the health and safety of the involved student(s);
Report the case immediately to the proper administrator
Principals may suspend and/or recommend expulsion of students who violate this policy, based upon the facts of each case and in accordance with established disciplinary procedures. Students may also be referred to law enforcement authorities for investigation and/or prosecution.
Chemical Use and/or Possession by Students, Page Two
Prevention/Education
MSAD # 34 will provide students with appropriate information and activities focused on educating students about drugs and alcohol and preventing their use. Programs shall teach students that the use of drugs and alcohol is wrong and harmful; how to resist peer pressure; and address the legal, social and health consequences of drug and alcohol abuse.
Intervention
MSAD # 34 will establish a team approach to intervene with students with drug/alcohol problems. Schools will establish a Student Assistance Team It will be composed of individuals with multi-disciplinary functions. Members will ideally include an administrator, the student's guidance counselor, a chemical health specialist, school nurse, at least one of the student's teachers and others, as deemed appropriate. One person shall be designated as the student's case manager and will be responsible for the monitoring of the student's progress and reporting back to the team. The Student Assistance Team is called upon to review the non-clinical assessment (an interview done with a student to open up discussion of a chemical health problem) and to make recommendations concerning cases of students with chemical health
problems. The team will have responsibility for case decisions.
Students will be assisted in addressing their drug/alcohol problems and in continuing their educational program. Students will be provided with information and referral, if necessary, to aid them in obtaining assistance from appropriate community organizations. Student records concerning such interventions shall be kept confidential as required by state and federal laws.
Any staff member who is approached by a student who is seeking help is expected to maintain the confidentiality of the student and to refer him/her to a member of the Student Assistance Team. A staff member may respond to a student seeking help with a chemical dependency or abuse problem without being compelled to use the information in a disciplinary manner.
All staff members should be aware of the distinction between those who are violating school rules (disciplinary action) and those who are seeking help (voluntary).
The information in this policy shall be distributed to staff, students and parents on an annual basis through handbooks and/or other means selected by the Superintendent and building principals.
GUIDELINES FOR ADMINISTRATIVE PROCEDURES
If a student’s involvement with drugs/alcohol creates a medical emergency, the student will be referred for immediate medical attention. School officials will follow up with appropriate disciplinary action upon the student’s return to school.
If the student violates the chemical use policy while on an athletic or school interscholastic team or in an organized school activity, an additional disciplinary action will be taken by suspending the student from participation in or attendance at all school activities for two weeks. If there is a
Chemical Use and/or Possession by Students, Page Three
second offense, the student will be suspended from the team or activity for the remainder to the school year.
Disciplinary Action for Possession/Use of a Prohibited Chemical Substance
First Offense
Verification and confiscation of substance
Administrator meets with student
Notification of Parent/Guardian and Police (if appropriate)
Restricted school day and/or in-school suspension (1-2 days)
Appointment with chemical abuse counselor or Student Assistance Team member
Follow-up on recommendation of counselor/SAT member
Second Offense
Verification and confiscation of substance
Administrator meets with student
Notification of Parent/Guardian
Notification of Superintendent and Police
Out of School Suspension of student (2-10 days) with possible recommendation for expulsion
Appointment with chemical abuse counselor or Student Assistance Team member to develop a contract and follow-up plan
Follow-up on contract and plan
For a second offense for an elementary student, a referral should be made to the Department of Human Services Child Protective Services
Third Offense
Numbers 1 through 5 above and recommendation to parents that student be referred for clinical evaluation of the problem at their expense.
Disciplinary Action for Furnishing/Selling Prohibited Chemical Substances
First Offense
Confiscate substance and send for verification
Administrator meets with student
Notification of Parent/Guardian and Superintendent
Notification of Police
Out of school suspension for 5-10 days with possible recommendation for expulsion
Recommend to Parent/Guardian that student be referred for clinical evaluation at their expense.
For elementary students, steps 4, 5, and 6 are at the discretion of the Principal.
Chemical Use and/or Possession by Students, Page Four
Second Offense
Numbers 1 through 4 above and out of school suspension for 10 days with
a recommendation for expulsion
Legal Reference: 21 USC § 812 (Controlled Substances Act)
21 CFR Part 1300.11-15
Public Law No. 101-226 (Drug-Free Schools and Communities Act Amendments of 1989)
17-A MRSA § 1101
42 USC § 290dd-2
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