charter school policy handbook and

charter school policy handbook and
© 2012 by Arizona School Boards Association
CHARTER SCHOOL POLICY
HANDBOOK AND
ADMINISTRATIVE
REGULATIONS
PARADISE SCHOOLS
SURPRISE, MARICOPA COUNTY, ARIZONA
INTRODUCTION
This Handbook contains the policies of the Governing Body and
administrative regulations of the Executive Director.
Policy and
administrative regulation development in a modern, forward-looking school is
a dynamic, ongoing process. New problems, issues, and needs give rise to the
continuing necessity to develop new policies and regulations or to revise
existing ones. The loose leaf format has been selected for this Handbook to
facilitate its being kept up to date.
Each person to whom a copy of this Handbook is assigned is charged with
keeping it up to date as new policies and regulations are distributed by the
central office.
How to Use This Handbook
Paradise Schools are operated in accordance with policies established by the
Governing Body and regulations developed by the Executive Director. The
Governing Body adopts policies after careful deliberation, and the School
administration implements the policies through specific regulations and
procedures. The Governing Body and administration evaluate the effects of
the policies and procedures and revise them as necessary.
To promote harmony, efficiency, uniformity of interpretation, coordination of
effort, and fairness to all concerned, this Handbook will be accessible at the
School office and at such other places as designated by the Executive
Director.
How the Handbook is organized. The Handbook is organized according to
the classification system of the National School Boards Association. The
system provides an efficient means of coding, filing, and locating policies.
Please note:
Schools.
All copies of this Handbook are the property of Paradise
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There are twelve (12) major classifications, each identified by an alphabetical
code:
A
B
C
D
E
F
G
H
I
J
K
L
FOUNDATIONS AND BASIC COMMITMENTS
SCHOOL GOVERNING BODY GOVERNANCE AND OPERATIONS
GENERAL SCHOOL ADMINISTRATION
FISCAL MANAGEMENT
SUPPORT SERVICES
FACILITIES DEVELOPMENT (Excluded Intentionally)
PERSONNEL
MEET AND CONFER (Excluded Intentionally)
INSTRUCTIONAL PROGRAM
STUDENTS
SCHOOL - COMMUNITY RELATIONS
EDUCATION AGENCY RELATIONS
Subclassification under each heading is based on logical sequence and
alphabetical subcoding. For an example of the subcoding system, examine
the page immediately following the tab for Section A: FOUNDATIONS AND
BASIC COMMITMENTS.
The pages that follow the tabs for each major section present the
classification system, section by section, and serve as the tables of contents
for the sections or "chapters" of this Handbook.
How to find a policy. To find a policy in the Handbook, consider where the
policy would be filed among the twelve (12) major classifications. Refer to the
table of contents for that section and glance down the listing until you find
the term that most closely fits the topic you are seeking. Use the code letters
given for the term to locate the document that appears in alphabetical order
by code within the particular section. All documents in the Handbook are
coded in the upper right-hand corner.
If you can't find the term you are seeking, look up a synonym or other term
you believe is related to the topic.
What if you can find the term and code, but there is no policy? This probably
means that the school has not adopted a written policy in the particular area.
All terms used in the classification system appear in the sectional tables of
contents and code finder to accommodate the coding, insertion, and location
of policies that may be adopted later. But there is another possibility. A
brief statement related to the policy you are seeking may be incorporated in a
"superior" policy that covers the more general area. This "superior" policy
will be coded under the broader category.
To find it, read up the
classification system. For example, a policy statement that encompasses all
meetings of the Governing Body might be filed under "Governing Body
Meetings" (BE) rather than the more restrictive heading "Regular Governing
Body Meetings" (BEA).
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Using the symbols. Various symbols are used in connection with the
classification system. They are for your use in locating and/or recognizing the
authority of the statements. Included are the following:
-R
This symbol following a code indicates that the statement is a
regulation, not a policy, and is generally the direction of the
Executive Director to the staff for the implementation of a Policy. If
there is more than one regulation, the "-R" will be followed by a
letter; e.g., "-RA," "-RB," et cetera.
REGULATION
-E
REGULATION
Exhibit. This symbol following a code indicates that the statement is
a reference document. The exhibit is there to show the form to be
used or for the purpose of information which may support the policy
or regulation. If there is more than one reference document, the "-E"
will be followed by a letter; e.g., "-EA," "-EB," et cetera.
EXHIBIT
EXHIBIT
Using References. Implementation of policies requires coordination with
other policies and regulations. A policy does not usually stand alone, rather,
there are other policies or regulations that may apply. For example the
policy on Suspension is an integral part of the implementation of the policy
on Weapons in the School. The Weapons policy specifies what weapons are
and how extensive the discipline may be but does not contain the step by step
due process procedure necessary to accomplish the suspension of the student.
That is found in the policy on Student Suspension. To assist districts with
this complexity of policy, there may be a side heading at the bottom of each
policy (not regulation) identifying cross referenced material and/or legal
references. When implementing policies, these cross references and laws
should be reviewed for applicability to the circumstances or fact pattern
bringing about the use of the policy.
LEGAL REF.: Pertinent legal references are given to inform the reader
where in law certain statutes that relate to a policy may be
found. References direct the reader to the federal or state
laws, pertinent regulatory pronouncements, important legal
opinions and will occasionally cite case law. It is important
to mention here that other laws and/or court decisions may
also be applicable to a particular policy but not all can be
cited.
The following abbreviations are used in legal
references:
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A.A.C.
A.G.O.
A.R.S.
C.F.R.
P.L.
USFRCS
U.S.C.
CROSS REF.:
Arizona Administrative Code
Attorney General Opinion
Arizona Revised Statutes
Code of Federal Regulation
Public Law (federal law as it is identified by
Congress). Such laws will at some time after
passage be codified in the United States Code
Uniform System of Financial Records for
Charter Schools
United States Code
Certain policies are related to other policies.
Cross
references are provided following many statements to help
the reader find the related information.
This related
information should be referenced for an in depth
understanding of policy.
About Governing Body Policies
Generally, the role of a Governing Body is to set policy, and the role of the
administration is to execute it. The basic distinction as set forth by the
National School Boards Association is:
Policies are principles adopted by the Governing Body to chart a course
of action. They tell what is wanted and may include also why and how
much. They are broad enough to indicate a line of action to be taken by
the administration in meeting a number of day-to-day problems; they
need to be narrow enough to give the administration clear guidance.
Regulations are the detailed directions developed by the administration
to put policy into practice. They tell how, by whom, where, and when
things are to be done.
Exhibits are checklists, sample documents, forms, and other
informational items to assist in implementing policies or procedures.
The state and federal governments at times require governing boards to
make detailed rules, or the Governing Body may decide that such rules
are necessary. In spite of the detailed nature of such rules, once
adopted by the Governing Body they become policy.
Therefore:
Where the Governing Body has voluntarily adopted statements of
principle or written regulations required by law or has established a
position in particularly sensitive areas, and one or more of them are
incorporated into policy, the entire statement is presented as policy.
Where the Governing Body has adopted rules concerning its own
operations (for instance, how it conducts meetings), these statements
concerning operations of the Governing Body also appear as policy.
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As long as the administration operates within the guidelines of policy
adopted by the Governing Body, it may issue regulations without prior
Governing Body approval unless Governing Body action is required by law or
unless the Governing Body has specifically directed that certain types of
regulations be given Governing Body approval. The Governing Body, of
course, is to be kept informed of all School regulations issued by the
administration, and all are subject to Governing Body review.
In keeping with the definitions and rules of thumb, the current policies of the
Governing Body are presented in this Handbook.
Is the Handbook Complete?
No. The Handbook contains all of the current written policies of the
Governing Body. However, there is an almost continual need to draft and
adopt new written policies and revise the existing ones. Additionally,
changes in state law and State Board for Charter Schools regulations may
necessitate policy modifications. No matter how well a policy Handbook is
conceived and developed, it can never be totally comprehensive and
absolutely up to date. Therefore, as new policies are developed, they will be
coded according to the classification system and issued for insertion into the
Handbook.
Order of precedence.
Governing Body policies must be read and
interpreted in conformance with the applicable state and federal statutes and
regulations. Wherever inconsistencies of interpretation arise, the law and
regulations prevail.
Terminology
Whenever the term Executive Director appears in this Handbook it is to be
interpreted as "Executive Director or a person designated by Executive
Director."
Whenever the term administrator appears in this Handbook it is to be
interpreted as "administrator or a person designated by the administrator."
Whenever the term School appears in this Handbook it is to be interpreted as
the "Paradise Schools."
Whenever the terms Governing Body appear in this Handbook they are to be
interpreted as the "Governing Body of the Paradise Schools."
Whenever the term day appears in this Handbook it is to be interpreted as
any day in which the School administrative offices conduct business.
Whenever the term school day appears in this Handbook it is to be
interpreted as any day in which the students are present for instruction.
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Whenever the term parent appears in this Handbook it is to be interpreted as
parent or legal guardian and the legal guardian is a person to whom custody
of the child has been given by order of a court.
No information in this document shall be viewed as an offer, expressed or
implied, or as a guarantee of any employment of any duration.
Governing Body
Date of Handbook Adoption: June 18, 2012
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AC-0000
A
SCHOOL MISSION AND
BELIEF STATEMENT
Paradise Schools are committed to providing excellence in education and
guiding children to gain confidence in a safe environment that enables
students to be successful, caring, and knowledgeable members of our
community.
Beliefs
Paradise Schools has seven core beliefs that create a challenging and
enriching environment for all students. These guiding beliefs are as follows:
We believe for students to learn the school atmosphere must be orderly,
purposeful, and businesslike and free from any threat of physical and
verbal harm.
We believe in developing a climate of high academic expectations that
will be achieved by staff that are capable and work collaboratively to
assure student success.
We believe that the principal is a leader of leaders and as such guides
the teachers to become instructional leaders through the avenues of
coaching, partnering, and cheerleading.
We believe that teachers should be trained to design and deliver
instruction that responds to the demands of accountability and is
responsive to the need of higher levels of learning.
We believe that the teachers must become more skilled at developing
interdisciplinary curriculum and be willing to declare that some things
are more important to teach than others in order to provide the
opportunity for students to learn in the allocated time available to
them.
We believe that the teachers must pay more attention to the alignment
that must exist between the intended, taught, and tested curriculum.
This belief centers on the questions "what's worth learning?" and "how
will we know when the students know, understand, and can apply what
they've learned?"
We believe in developing an authentic relationship with parents that is
built on trust and enough communication so that the parents and
teachers have the same goal of providing an effective learning
opportunity for the students at Paradise Schools.
Adopted: date of Handbook adoption
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AC-0250
AC
© 2012 Arizona School Boards Association
NONDISCRIMINATION / EQUAL
OPPORTUNITY
The school is committed to a policy of nondiscrimination in relation to race,
color, religion, sex, age, national origin, and disability. This policy will
prevail in all matters concerning staff members, students, the public,
educational programs and services, and individuals with whom the
Governing Body does business.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 23-341
41-1463
20 U.S.C. 1400 et seq., Individuals with Disabilities
Education Act
20 U.S.C. 1681, Education Amendments of 1972, Title IX
20 U.S.C. 1703, Equal Employment Opportunity Act of 1972
29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504)
42 U.S.C. 2000, Civil Rights Act of 1964, Titles VI and VII
42 U.S.C. 12101 et seq., Americans with Disabilities Act
Arizona Constitution, Ordinance Art. XX, Par. Seventh
CROSS REF.:
ACA - Sexual Harassment
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of
Professional/Support Staff Members
IHBA - Special Instructional Programs and
Accommodations for Disabled Students
JB - Equal Educational Opportunities
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
KED - Public Concerns/Complaints about Facilities or
Services
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AC-0261
© 2012 Arizona School Boards Association
REGULATION
AC-R
REGULATION
NONDISCRIMINATION / EQUAL
OPPORTUNITY
Compliance Officer
The Executive Director shall be the compliance officer. Any person who feels
unlawfully discriminated against or to have been the victim of unlawful
discrimination by an agent or employee of the School or who knows of such
discrimination against another person should file a complaint with the
Executive Director. If the Executive Director is the one alleged to have
unlawfully discriminated, the complaint shall be filed with the Governing
Body.
Complaint Procedure
The School is committed to investigating each complaint and to taking
appropriate action on all confirmed violations of policy. The Executive
Director shall investigate and document complaints filed as soon as
reasonable. In investigating the complaint, the Executive Director will
maintain confidentiality to the extent reasonably possible.
If after the initial investigation the Executive Director has reason to believe
that a violation of policy has occurred, the Executive Director shall determine
whether or not to hold a hearing.
If the person alleged to have violated policy is a teacher or an administrator,
the due process provisions of the School's Policy GCQF shall apply, except
that the supervising administrator may be assigned to conduct the hearing.
If the person alleged to have violated policy is a student, the Executive
Director may impose discipline in accordance with Policies JK, JKD and JKE.
If the Executive Director's investigation reveals no reasonable cause to
believe policy has been violated, the Executive Director shall so inform the
complaining party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the
complaining party knew or should have known that there were grounds for a
complaint/grievance.
Once the written complaint has been filed using the forms provided by the
School, the Executive Director shall require the immediate supervisor or site
administrator to investigate and respond in writing to the complaining party
within five (5) working days.
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AC-0261
© 2012 Arizona School Boards Association
REGULATION
AC-R
REGULATION
If the immediate supervisor or site administrator does not respond, the
Executive Director will have ten (10) additional working days to respond in
writing to the complaining party.
If the Executive Director does not respond within the established time, then
the complaining party may request in writing that the issue be brought
before the Governing Body which will then review the record of the
investigation and have thirty (30) days to respond to the complaining party in
writing.
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AC-0281
AC-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
NONDISCRIMINATION / EQUAL
OPPORTUNITY
COMPLAINT FORM
(To be filed with the compliance officer as provided in AC-R)
Please print:
Name ________________________________________ Date ___________________
Address
____________________________________________________________
Telephone __________ Another phone where you can be reached
During the hours of
E-mail address
__________
________________________________________________
______________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity __________________
________________________________________________________________________
________________________________________________________________________
Address
____________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, the background to the incident, and any attempts
you have made to solve the problem. Be sure to note relevant dates, times,
and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
PARADISE SCHOOLS
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AC-0281
AC-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
____________________________________
Signature of Complainant
The compliance officer, as designated in AC-R, shall give one (1) copy to the
complainant and shall retain one (1) copy for the file.
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AC-0300
© 2012 Arizona School Boards Association
ACA
SEXUAL HARASSMENT
All individuals associated with this School, including, but not necessarily
limited to, the School Governing Body, the administration, the staff, and
students, are expected to conduct themselves at all times so as to provide an
atmosphere free from sexual harassment.
Sexual harassment includes unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when made by
a member of the school staff to a student or to another staff member, or when
made by a student to another student where:
Submission to such conduct is either explicitly or implicitly made a
term or condition of an individual's employment or education; or
Submission to or rejection of such conduct is used as a basis for
employment or education decisions affecting such individual; or
Such conduct has the purpose or effect of substantially interfering with
an individual's educational or work performance, or creating an
intimidating, hostile, or offensive employment or education
environment.
Sexual harassment may include, but is not limited to:
Suggestive or obscene letters, notes, invitations, derogatory comments,
slurs, jokes, epithets, assault, touching, impeding or blocking
movement, leering, gestures, or display of sexually suggestive objects,
pictures, or cartoons.
Continuing to express sexual interest after being informed that the
interest is unwelcome. (Reciprocal attraction between peers is not
considered sexual harassment.)
Implying or withholding support for an appointment, promotion, or
change of assignment; suggesting that a poor performance report will
be prepared; suggesting that probation will be failed; implying or
actually withholding grades earned or deserved; or suggesting that a
scholarship recommendation or college application will be denied.
Coercive sexual behavior used to control, influence, or affect the career,
salary, and/or work environment of another employee; or engaging in
coercive sexual behavior to control, influence, or affect the educational
opportunities, grades, and/or learning environment of a student.
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AC-0300
ACA
© 2012 Arizona School Boards Association
Offering or granting favors or educational or employment benefits, such
as grades or promotions, favorable performance evaluations, favorable
assignments,
favorable
duties
or
shifts,
recommendations,
reclassification, etc., in exchange for sexual favors.
Anyone who is subject to sexual harassment, or who knows of the occurrence
of such conduct, should inform the compliance officer, as provided in ACA.
A substantiated charge against a staff member in the School shall subject
such staff member to disciplinary action.
A substantiated charge against a student in the School shall subject that
student to disciplinary action, which may include suspension or expulsion.
All matters involving sexual harassment complaints will remain confidential
to the extent possible.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 41-1461 et seq.
20 U.S.C. 1681, Education Amendments of 1972, Title IX
20 U.S.C. 1703, Equal Employment Opportunity Act of 1972
42 U.S.C. 2000, Civil Rights Act of 1964 as amended, Title
VII
CROSS REF.:
AC - Nondiscrimination/Equal Opportunity
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of
Professional/Support Staff Members
IHBA - Special Instructional Programs and
Accommodations for Disabled Students
JB - Equal Educational Opportunities
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
KED - Public Concerns/Complaints about Facilities or
Services
KFA - Public Conduct on School Property
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AC-0311
© 2012 Arizona School Boards Association
REGULATION
ACA-R
REGULATION
SEXUAL HARASSMENT
Compliance Officer
The Executive Director shall be the compliance officer. Any person who feels
unlawfully discriminated against or who has been the victim of unlawful
discrimination by an agent or employee of the School or who knows of such
discrimination against another person should file a complaint with the
Executive Director. If the Executive Director is the one alleged to have
unlawfully discriminated, the complaint shall be filed with the President of
the Governing Body.
Complaint Procedure
The School is committed to investigating each complaint and to taking
appropriate action on all confirmed violations of policy. The Executive
Director shall investigate and document complaints filed as soon as
reasonable. In investigating the complaint, the Executive Director will
maintain confidentiality to the extent reasonably possible.
If after the initial investigation the Executive Director has reason to believe
that a violation of policy has occurred, the Executive Director shall determine
whether or not to hold a hearing.
If the person alleged to have violated policy is a teacher or an administrator,
the due process provisions of the School's Policy GCQF shall apply, except
that the supervising administrator may be assigned to conduct the hearing.
If the person alleged to have violated policy is a student, the Executive
Director may impose discipline in accordance with Policies JK, JKD and JKE.
If the Executive Director's investigation reveals no reasonable cause to
believe policy has been violated, the Executive Director shall so inform the
complaining party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the
complaining party knew or should have known that there were grounds for a
complaint/grievance.
Once the written complaint has been filed using the forms provided by the
School, the Executive Director shall require the immediate supervisor or site
administrator to investigate and respond in writing to the complaining party
within five (5) working days.
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AC-0311
© 2012 Arizona School Boards Association
REGULATION
ACA-R
REGULATION
If the immediate supervisor or site administrator does not respond, the
Executive Director will have ten (10) additional working days to respond in
writing to the complaining party.
If the Executive Director does not respond within the established time, then
the complaining party may request in writing that the issue be brought
before the Governing Body which will then review the record of the
investigation and have thirty (30) days to respond to the complaining party in
writing.
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Page 2 of 2
AC-0331
ACA-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
SEXUAL HARASSMENT
COMPLAINT FORM
(To be filed with the compliance officer as provided in ACA-R)
Please print:
Name ________________________________________ Date ___________________
Address
____________________________________________________________
Telephone __________ Another phone where you can be reached
During the hours of
E-mail address
__________
________________________________________________
______________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity __________________
________________________________________________________________________
________________________________________________________________________
Address _______________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, the background to the incident, and any attempts
you have made to solve the problem. Be sure to note relevant dates, times,
and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
PARADISE SCHOOLS
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Page 1 of 2
AC-0331
ACA-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
____________________________________
Signature of Complainant
The compliance officer, as designated in ACA-R, shall give one (1) copy to the
complainant and shall retain one (1) copy for the file.
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BC-0400
© 2012 Arizona School Boards Association
BBBB
GOVERNING BODY MEMBER
OATH OF OFFICE
Oath of Office
Governing Body members shall take and subscribe to the oath prescribed for
public officers pursuant to A.R.S. 38-231. The person taking the oath shall
file a copy of the acknowledged oath in the School office. The School office
shall keep such copy on file as long as the Governing Body member remains
on the Governing Body and for a period of five (5) years after last serving on
the Governing Body.
Time of Oath (Governing Body Members)
When a different time is not prescribed, the oath of office shall be taken and
subscribed after the Governing Body member has notice of appointment.
Familiarization with
Open Meeting Law
A newly appointed Governing Body member shall, at least one (1) day before
taking office, review the Arizona open meeting law (OML) material prepared
by the attorney general.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 38-231
38-232
38-233
38-431.01
Attorney General Arizona Agency Handbook,
Chapter 7, Open Meetings
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BC-0431
© 2012 Arizona School Boards Association
EXHIBIT
BBBB-E
EXHIBIT
GOVERNING BODY MEMBER
OATH OF OFFICE
Oath of Office
In addition to any other form of oath or affirmation specifically provided by
law, any officer or employee shall take and subscribe to the following oath or
affirmation before entering upon the duties of such appointed office or
employment.
State of Arizona, County of _____________________________________________,
I, [type or print name], do solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution and laws of the State
of Arizona; that I will bear true faith and allegiance to the same, and defend
them against all enemies, foreign and domestic, and that I will faithfully and
impartially discharge the duties of the office of [name of office] according to the
best of my ability, so help me God (or so I do affirm).
____________________________________
(Signature of officer or employee)
LEGAL REF.: A.R.S. 38-231
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BC-1200
© 2012 Arizona School Boards Association
BDF
ADVISORY COMMITTEES
The Governing Body may, by majority vote, appoint ad hoc committees when
deemed advisable. Recommendations of such committees cannot be binding;
they may be advisory only. These committees will be responsible for
presenting to the Governing Body recommendations for action based on
research and facts. Any such committee shall automatically be dissolved
upon completion of its assignment.
The Executive Director will ensure that the following actions are taken for
each committee established:
Each committee member will be briefed on the requirements of the
Arizona Open Meeting Law (A.R.S. 38-431) as it applies to committees
of the Governing Body.
Notices and agendas of all meetings of the committee will be posted.
All meetings will be open for public attendance.
Minutes will be taken and made available for public inspection three (3)
working days after the meeting.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 38-431 et seq.
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BC-1400
BE
© 2012 Arizona School Boards Association
SCHOOL GOVERNING BODY MEETINGS
The Governing Body shall transact all business at official meetings of the
Governing Body. These may be either regular or special meetings, defined as
follows:
Regular meeting - the usual official legal-action meeting, scheduled and
held regularly.
Special meeting - an official legal-action meeting called between
scheduled regular meetings to consider only specifically identified
topics.
Every meeting of the Governing Body, regular or special, shall be open to the
public except for an executive session that is held in accordance with state
law. A "meeting" is defined as the gathering, in person or through
technological devices, of a quorum of members of a public body to discuss,
propose or take legal action, including any deliberations with respect to such
action that has been properly noticed, pursuant to Arizona Revised Statutes.
Notice of all Governing Body meetings, regular and special, shall be posted in
compliance with the requirements prescribed by A.R.S. 38-431.02 and
described in Governing Body Policy BEDA.
Regular Governing Body Meetings
The fourth (4th) Tuesday of each calendar month is designated as the regular
Governing Body meeting date.
A regular meeting may be rescheduled or canceled:
By majority vote of the Governing Body when noticed as a meeting
agenda item.
By declaration of the Governing Body President, or if the President is
unavailable another member of the Governing Body, in consultation
with the Executive Director, when a significant event beyond the
Governing Body's control renders attendance at the meeting unsafe or
unreasonable in light of the circumstance, such as:
Significantly inclement weather conditions, or
A local, state, or national emergency of a magnitude it intervenes
to the extent that convening of the meeting is inadvisable.
When the absence of a quorum of the Governing Body will render the
meeting impermissible.
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BC-1400
© 2012 Arizona School Boards Association
BE
Special Governing Body Meetings
Special meetings may be called whenever deemed necessary. Written or
telephoned notice of all special meetings shall be given to the members of the
Governing Body at least twenty-four (24) hours prior to the time stated for
the meeting to convene. Said notice shall indicate the purpose of the special
meeting. No business other than the matters specified in the notice shall be
transacted at such meeting.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-843
38-431 et seq.
A.G.O. I79-45
CROSS REF.:
BEC - Executive Sessions/Open Meetings
BEDA - Notification of Board Meetings
BEDB - Agenda
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BC-1550
BEC
© 2012 Arizona School Boards Association
EXECUTIVE SESSIONS / OPEN
MEETINGS
The Governing Body may enter into executive session after the following
requirements have been met:
A notice of the executive session has been provided to the Governing
Body members and the general public stating the provision of law
authorizing the executive session in accordance with Governing Body
Policy BEDA.
The Governing Body has first been convened in open meeting, for which
notice, stating the specific provision of law authorizing the executive
session, has been given.
The Governing Body President has identified the section or sections of
A.R.S. 38-431.03 that authorize the holding of the executive session and
has stated the language of the section(s) and a general description of
the matters to be considered.
The executive session is authorized by a vote in open session.
No final action, decision, or vote shall be taken while the Governing Body is
in executive session, except as provided by law.
The Governing Body shall reconvene the open meeting after an executive
session prior to adjourning the meeting.
During the executive session, all persons present in the executive session will
be read the admonition on the confidentiality of the executive session
minutes and deliberations.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-843
38-431.01
A.G.O. I79-45
I79-49
I79-126
I79-136
I80-118
CROSS REF.:
BBBB - Governing Body Member Oath of Office
BEDA - Notification of Board Meetings
BEDG - Minutes
JKD - Student Suspension
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38-431.02
38-431.03
I80-146
I81-058
I81-060
I81-090
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BC-1581
© 2012 Arizona School Boards Association
EXHIBIT
BEC-E
EXHIBIT
EXECUTIVE SESSIONS / OPEN
MEETINGS
MINUTES
__________________
Date
__________________
Time
______________________________
Place
I. Record the names of persons present (Only Governing Body Members,
individuals provided for by statute, and other persons whom the
Governing Body determines are reasonably necessary for the purposes
of the executive session may be present). Indicate who and when
anyone leaves or enters during the executive session:
II. Specify the section of A.R.S. 38-431 under which the executive session
was called and a general description of the respective topic(s). The
same information should have been indicated on the agenda:
III. (Read prior to each executive session:)
All persons present are hereby reminded that it is unlawful to disclose
or otherwise divulge to any person who is not now present, other than
a current member of the Governing Body, or pursuant to a specific
statutory exception, anything that has transpired or has been
discussed during this executive session. Failure to comply is a
violation of A.R.S. 38-431.03.
IV. Items of discussion (if the session is held under authority of A.R.S. 38431.03, Subsection A, paragraphs 4, 5, or 7, an accurate description of
all instructions given must be included):
LEGAL REF.: A.R.S. 38-431.01
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BC-1650
BEDA
© 2012 Arizona School Boards Association
NOTIFICATION OF GOVERNING
BODY MEETINGS
A statement shall be conspicuously posted on the School's website specifying
where all notices of the Governing Body meetings are posted, including the
physical and electronic locations, and give additional public notice as is
reasonable and practicable as to all meetings.
The School shall post all Governing Body public meeting notices on its
website and give additional public notice as is reasonable and practicable as
to all meetings. When the School has complied with all other public notice
requirements of A.R.S. 38-431.02, the Governing Body is not precluded from
holding a meeting for which notice was posted when a technological problem
or failure either:
prevents the posting of public notice on the School website, or
temporarily or permanently prevents use of all or part of the School's
website.
When an executive session of the Governing Body is scheduled a notice of the
executive session stating the provision of law authorizing the executive
session and including a general description of the matters to be considered
shall be provided to:
the members of the Governing Body; and
the general public.
At least twenty-four (24) hours prior to a meeting notice shall be given to the
members of the Governing Body and to the general public by posting in the
designated public place(s) the time and place, and the meeting agenda, or any
change in the meeting agenda. The notice shall include an agenda of the
matters to be discussed, considered or decided at the meeting, or include
information on how the public may obtain a copy of the agenda.
The twenty-four (24) hour notice period:
May include Saturday when, in addition to any website posting, the
public has twenty-four (24) hour access to the physical posting location.
Does not include Sundays and other holidays set out prescribed in
A.R.S. 1-301.
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BC-1650
© 2012 Arizona School Boards Association
BEDA
A twenty-four (24) hour meeting notice is not required in the case of an actual
emergency, however, notice shall be given and procedures followed in
accordance with the requirements of 38-431.02 as are appropriate to the
circumstances.
A meeting may be recessed and resumed with less than twenty-four (24)
hours notice when proper initial meeting notice was given and, before
recessing, public notice is given specifying the time and place the meeting
will be resumed or identifying the method by which such notice shall be
publicly given.
When the Governing Body intends to meet at a regular place and time on a
regular day, date or event for a specified calendar period, the School may post
notice of the beginning of the applicable calendar period and the period for
which the notification is valid.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 1-301
38-431.01
38-431.02
A.G.O. I79-45
CROSS REF.:
BE - School Board Meetings
BEC - Executive Sessions/Open Meetings
BEDB - Agenda
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BC-1700
© 2012 Arizona School Boards Association
BEDB
AGENDA
The agenda shall list the specific matters to be discussed, considered or
decided at the meeting. The Governing Body may discuss, consider or make
decisions only on matters listed on the agenda and other matters related
thereto. (Subject to A.R.S. 38-431.02)
Unless changed by a majority vote of members present at each meeting, the
order of business shall be as follows:
Regular meetings:
Call to order
Adoption of the agenda (discussion of items is not in order)
Pledge of allegiance
Governing Body Meeting minutes not previously approved
Information only items (Items to be heard only; the Governing Body will
not propose, discuss, or take legal action during the meeting unless the
specific matter is properly noticed for legal action.)
Summary of current events
Executive Director
Celebrations and recognitions
Governing Body members
Public comments (members of the Governing Body shall not discuss or
take legal action on matters raised during an open call to the public
unless the matters are properly noticed for discussion and legal action)
Action items (Matters on which the Governing Body may take legal
action during the meeting)
Consent agenda items (When so presented, should fully describe
the matters on the agenda and inform the public where more
information can be obtained)
Specific items of School business (as listed for consideration, may
include various categorical areas as the business of the School
necessitates Governing Body discussion, deliberation, and action)
Information and Discussion items (Matters about which the Governing
Body may engage in discussion but will take no action during the
meeting)
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BEDB
Information items (The Governing Body will not propose, discuss, or
take legal action during the meeting)
Requests for future agenda items
Adjournment
Special meetings:
Call to order
Items for which the special meeting was called (May include timely
action, discussion, and information items as conditioned for regular
meetings)
Announcements
Adjournment
Executive sessions:
An executive session may be scheduled, as necessary, during either a
regular or special meeting. (See Arizona Attorney General Agency
Handbook Section 7.6.7)
When an executive session is to be held, the notice must state the
specific provision of law authorizing the executive session.
The Governing Body may vote to hold an executive session for the
purpose of obtaining legal advice from the Governing Body's
attorney on any matter listed on the agenda pursuant to A.R.S.
38-431.03(A)(3).
Emergency meetings
In the case of an actual emergency, the Governing Body, after giving such
notice as is appropriate to the circumstances, may act on an emergency
matter or call an emergency meeting in accordance with the requirements set
out in A.R.S. 38-431.02. The emergency meeting shall follow the order of
business for a special meeting. An emergency meeting shall be subsequently
followed by the posting of a public notice within twenty-four (24) hours
declaring that an emergency session has been held and setting forth the
information specified by 38-431.02. Chapter 7 of the Arizona Agency
Handbook shall be consulted for guidance when an emergency action or
meeting is being considered.
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BC-1700
© 2012 Arizona School Boards Association
BEDB
Accommodations for the Disabled
Persons with a disability may request a reasonable accommodation, such as a
sign language interpreter, by contacting [name of designated agency contact
person] at [telephone number and TDD telephone number]. Requests should
be made as early as possible to allow time to arrange the accommodation.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 38-431
38-431.01
38-431.02
38-431.03
CROSS REF.:
BEC - Executive Sessions/Open Meetings
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BC-1850
© 2012 Arizona School Boards Association
BEDD
RULES OF ORDER
The Governing Body prescribes rules for its meetings as follows:
Each action item shall require a motion, and all motions shall require
seconding.
The President may make or second motions, and may vote on all
motions.
A motion to adjourn is in order at any time. Such a motion shall
require a second and a majority vote. No discussion is in order.
A motion to table is in order at any time. Such a motion requires a
second and is limited to being considered only once on any given agenda
item. No discussion is in order.
Rules of order may be subject to suspension only upon a majority vote of
the members of the Governing Body present at a meeting.
Votes on all motions and resolutions shall be by ayes and nays. No
secret ballots shall be used.
At the discretion of the Governing Body President or on the request of a
member, a show-of-hands or roll-call vote shall be made and the vote of
members shall be recorded. On a voice vote, members may request that
their own votes be recorded.
All motions shall be carried by a majority of the members who vote, or
as otherwise required by law or policy.
Adopted: date of Handbook adoption
CROSS REF.:
BEDA - Notification of Board Meetings
BEDB - Agenda
BEDG - Minutes
BEDH - Public Participation at Board Meetings
BGF - Suspension/Repeal of Policy
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BC-2100
© 2012 Arizona School Boards Association
BEDG
MINUTES
Written or recorded minutes shall be taken of all regular and special
Governing Body meetings, including executive sessions, and shall include the
information required by A.R.S. 38-431.01. The written minutes or recording
shall be available for public inspection three (3) working days after the date
of the meeting, except for confidential executive session minutes. Written
minutes or a recording not yet approved by the Governing Body shall be
marked as "draft" or "unapproved." The minutes or recording shall not be
withheld from the public pending approval and must be in a form readily
accessible to the public.
Copies of unapproved written minutes, in print or digital form, shall be
distributed to all Governing Body members prior to the next meeting. The
Governing Body will take action at a subsequent meeting to amend and/or
approve the written minutes.
The Executive Director shall oversee the preparation of written or recorded
minutes of all executive sessions, as required by A.R.S. 38-431.01. The
Executive Director will provide confidential copies of unapproved written
minutes, in print or digital form, to all Governing Body members prior to the
next meeting.
The Executive Director shall assure that permanent archival files of all
approved Governing Body meeting minutes and related required materials
are maintained in accordance with A.R.S. 39-101 and standards established
by Arizona State Library, Archives and Public Records (ASLAPR). Regular
and Special Governing Body meeting minutes shall be filed separately from
Governing Body executive session minutes.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-843
39-121
38-421
39-122
38-431.01
41-1347
38-431.03
41-1351
39-101
A.G.O. I80-198
Attorney General Arizona Agency Handbook, Chapter 7,
Open Meetings
ASLAPR General Retention Schedule for Schools and
Charter Schools
CROSS REF.: BED - Executive Sessions/Open Meetings
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BC-2111
BEDG-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
MINUTES
(Minutes of Open Session Governing Body Meetings,
Board Subcommittees and Advisory Committees)
For meetings other than executive sessions, minutes are to contain at least
the following information:
Date, time, and place of meeting.
Members of the Governing Body recorded as either present or absent.
General description of the matter considered.
An accurate description of all legal actions proposed, discussed or
taken, and the names of the Governing Body member who proposed
each motion.
Names of the persons, as given, making statements or presenting
material to the Governing Body and a reference to the legal action
about which they made statements or presented material.
A meeting, for the purposes of the open meeting statutes, is the gathering of a
quorum of Governing Body members at which they discuss, propose or take
legal action, including any deliberations by a quorum with respect to such
action. [38-431]
It is therefore necessary to remember that:
the coming together of a quorum of Governing Body members:
in person or by technological devices such as speakerphone,
internet, or other device,
including study sessions, work sessions, and retreats
regardless of whether or not any voting is scheduled to occur,
or of a subcommittee or advisory committee appointed by or at the
direction of the Board, or which is to report to the Board,
is a "meeting" and, therefore,
minutes must be taken and processed as required by statute and
specified above.
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BC-2150
BEDH
© 2012 Arizona School Boards Association
PUBLIC PARTICIPATION AT
GOVERNING BODY MEETINGS
All regular and special meetings of the Governing Body shall be open to the
public.
The Governing Body also recognizes its responsibility for the proper
governance of the schools and therefore the need to conduct its business in an
orderly and efficient manner. The Governing Body therefore establishes the
following procedures to receive input from citizens of the School:
The Governing Body President shall be responsible for recognizing
speakers, maintaining proper order, and adhering to any time limit set.
Members of the public may be recognized by the President to assist the
Governing Body with information for the conduct of its official business.
Personal attacks upon Governing Body members, staff personnel, or
other persons in attendance or absent by individuals who address the
Governing Body are discouraged. Presenters are cautioned that
statements or representations concerning others that convey an
unjustly unfavorable impression may subject the presenter to civil
action for defamation. Policies KE, KEB, KEC, and KED are provided
for disposition of legitimate complaints, including those involving
individuals. Upon conclusion of the open call to the public, individual
members of the Governing Body may respond to any criticism made by
an individual who has addressed the Governing Body.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 38-431.01
CROSS REF.:
BHC - Board Communications with Staff Members
BHD - Board Communications with the Public
KEB - Public Concerns/Complaints about Personnel
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BC-2181
© 2012 Arizona School Boards Association
EXHIBIT
BEDH-E
EXHIBIT
PUBLIC PARTICIPATION AT
GOVERNING BODY MEETINGS
REQUEST TO ADDRESS GOVERNING BODY
I request permission to address the School Governing Body on the following
topic:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
______________________
(Date)
________________________________________________
(Name and Telephone Number)
________________________________________________
(Street Address)
________________________________________________
(City)
(State)
(Zip)
________________________________________________
(E-mail Address)
________________________________________________
(Representing)
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BC-2850
© 2012 Arizona School Boards Association
BGF
SUSPENSION / REPEAL OF POLICY
The operation of any section or sections of Governing Body policies not
established and required by law or vested by contract may be temporarily or
permanently suspended by a majority vote of Governing Body members
present at a regular or special meeting.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-321
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BHC
© 2012 Arizona School Boards Association
GOVERNING BODY COMMUNICATIONS
WITH STAFF MEMBERS
Official communication between the Governing Body and employees will
occur as follows:
An employee will first communicate on school- or employment-related
matters at the administrative level. Any employee who exhausts the
opportunity of discussing a matter at the various administrative levels
may then communicate in writing with the Governing Body on the
matter. No anonymous communication will be considered by the
Governing Body.
Official communications, policies, directives, Governing Body concerns,
and Governing Body action(s), as appropriate, will be communicated to
employees by the Executive Director.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 38-431.01
38-431.02
CROSS REF.:
BEDH - Public Participation at Board Meetings
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BC-3100
BHD
© 2012 Arizona School Boards Association
GOVERNING BODY COMMUNICATIONS
WITH THE PUBLIC
Official communication between the Governing Body and the community is
subject to the following:
Any community member who exhausts the opportunity of discussing a
matter at the administrative level may communicate with the
Governing Body in writing. No anonymous communication will be
considered by the Governing Body.
Official communications, policies, Governing Body concerns, and
Governing Body action, as appropriate, will be imparted to the
community by the Executive Director.
Adopted: date of Handbook adoption
CROSS REF.:
BEDH - Public Participation at Board Meetings
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CC-0900
© 2012 Arizona School Boards Association
CCB
LINE AND STAFF RELATIONS
Unless otherwise specifically limited by statute or Governing Body action,
any of the powers and duties specifically assigned to the Executive Director
may be delegated to others serving under the Executive Director.
Adopted: date of Handbook adoption
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CC-2150
© 2012 Arizona School Boards Association
CHCA
HANDBOOKS AND DIRECTIVES
Curriculum guides, manuals, handbooks, pamphlets, and similar publications
will be presented to the Executive Director for approval prior to publication.
The Executive Director shall ensure that all such publications are consistent
with Governing Body policy.
Adopted: date of Handbook adoption
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CC-2161
CHCA-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
HANDBOOKS AND DIRECTIVES
All curriculum guides, manuals, handbooks, pamphlets, and similar
publications shall be reviewed by the administrator or supervisor, and shall
be forwarded to the Executive Director for approval prior to printing and
distribution.
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CC-2200
© 2012 Arizona School Boards Association
CHD
ADMINISTRATION IN THE
ABSENCE OF POLICY
The Executive Director shall have the authority to implement action if a
situation should develop that is not covered by established Governing Body
policy.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-183
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D-0300
© 2012 Arizona School Boards Association
DBC
BUDGET PLANNING, PREPARATION,
AND SCHEDULES
The governing body of a charter school shall transmit a copy of its proposed
budget or the summary of the proposed budget and a notice of the public
hearing to the department of education for posting on the department of
education's website no later than ten (10) days before the hearing and
meeting. If the charter school maintains a website, the charter school
governing body shall post on its website a copy of its proposed budget or the
summary of the proposed budget and a notice of the public hearing.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-185
15-824
15-905
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© 2012 Arizona School Boards Association
DD
FUNDING PROPOSALS, GRANTS,
AND SPECIAL PROJECTS
The Governing Body is to be kept informed of possible sources of state,
federal, and other funds for the support of the schools and/or for the
enhancement of educational opportunities. The Executive Director is to
apprise the Board of its eligibility for general or program funds and to make
recommendations for Board action.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-206
15-207
15-208
15-209
15-210
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DC-1550
© 2012 Arizona School Boards Association
DFD
GATE RECEIPTS AND ADMISSIONS
Admission receipts from school events shall be adequately controlled. The
Executive Director is responsible for the proper collection, supervision,
disbursement, and/or remittance of these fees.
Admission to school events for which an admission is charged ordinarily will
be by purchased ticket or special pass only. Adequate records will be
maintained for accounting purposes.
Adopted: date of Handbook adoption
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DC-1950
© 2012 Arizona School Boards Association
DGD
CREDIT CARDS
(Credit Cards and/or Procurement Cards)
Use of Credit Cards/
Procurement Cards
The Governing Body acknowledges that instances may occur when ready
payment for goods or services is in the District's best interest. Therefore, the
Board authorizes the Executive Director to secure and assign controlled-limit
credit/procurement cards to designated personnel. District-assigned credit/
procurement cards may not be used for personal expenditures.
The use of credit/procurement cards is to be closely monitored and payment
of statements for authorized purchases are to be made as promptly as
possible to avoid fees and charges for the use of such cards.
The Executive Director is directed to develop regulations for the use of
District-assigned credit/procurement cards. Such regulations are subject to
Board review and approval.
The Board reserves the right to revise or rescind this policy at its sole
discretion.
Definition of Credit/
Procurement Card
The District defines "credit card" and "procurement card" as a form of
payment in lieu of cash, purchase order, or check. The credit/procurement
card must bear the applicable Visa, Master Card, Discover, American
Express or petroleum company logo.
Adopted: date of Handbook adoption
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DC-1961
DGD-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
CREDIT CARDS
(Credit Cards and/or Procurement Cards)
Purposes
The issuance and use of a credit/procurement card is to provide an
alternative purchasing mechanism when traditional payment/procurement
methods are not feasible.
A credit/procurement card may be used to facilitate the payment of travel
expenses such as hotels, meals and registrations for training and education
while conducting District business, including fuel for School-owned vehicles.
Authorized Card Holders
Persons designated as authorized credit/procurement card holders must
agree to abide by the procedures described in this regulation.
The holders will be held liable for any unauthorized use of a School-assigned
credit/procurement card, which may result in disciplinary action up to and
including the loss of employment and other actions provided by law.
Except for business department personnel performing authorized office
duties, no person other than a designated holder is to have access to or use of
a School-assigned credit/procurement card.
Scope
The credit/procurement card is to be used only when the items and/or
services to be purchased are for the official use of the School. No personal use
of a credit/procurement card is allowed.
School-assigned credit/procurement cards may be used only when one (1) of
the following conditions exists:
When a vendor will not accept a purchase order or offer billing terms.
When the purchase must be made during an "emergency." For the
purpose of this regulation, emergency means payment for a purchase
must be made before the next accounts payable check run. A memo/email bearing the signature of approval from the Executive Director,
Assistant Executive Director, or Finance Director must be presented
explaining the circumstances and nature of the emergency.
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DC-1961
DGD-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
Credit/Procurement Card
Purchasing Limitations
The following are School-established credit/procurement card purchasing
limitations:
Should a credit card by issued to or temporarily provided to an
employee, cumulative purchases may not exceed the amount of the
approved purchase order.
A purchase made using a School-assigned credit/procurement card may not
violate any School purchasing policy or regulation. All purchases must be
appropriate and in the best interest of the District. Violation may result in
termination of the employee's credit/procurement card privileges.
Credit/Procurement Card Transaction
Requirements for Physical, Verbal,
and Internet Orders
When a School-assigned credit/procurement card is required for a physical,
verbal or internet purchase, the following steps must be taken:
Prior to use of the credit/procurement card, the card holder is to submit
a purchase order requisition form to the School business office
accompanied by the following:
A detailed description of the items and/or services to be purchased
using the credit/procurement card.
The date the purchase will be made.
The actual amount of the purchase. If the actual amount is not
known an estimate may be stated, but the amount of the purchase
cannot exceed the stated amount.
Proper account coding information.
Signatures of the requester and the approving authority.
The employee must verify that a purchase order has been created and
approved before a credit/procurement card transaction occurs.
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DC-1961
© 2012 Arizona School Boards Association
REGULATION
DGD-R
REGULATION
When a credit/procurement card is used the card holder must promptly
submit all receipts and other related documentation to the business
office. The documentation should clearly indicate the employee making
the purchase and the specific school purpose for the expenditure.
Receipts for fuel or vehicle repairs are to include the vehicle license
number.
Credit/Procurement card statements must be addressed directly to the
business office and not to the card holder. All purchase transaction receipts
must be reconciled to the monthly credit/procurement card statements prior
to entry on an expense voucher. As credit/procurement card companies may
charge fees and interest, payments must be made in a timely manner to avoid
finance charges.
Use of a Credit/Procurement
Card for Travel
Reservations must be made through the purchasing office. The business office
will provide the credit/procurement card information to the selected vendor.
PARADISE SCHOOLS
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Page 3 of 3
DC-1981
© 2012 Arizona School Boards Association
EXHIBIT
DGD-E
EXHIBIT
CREDIT CARDS
SCHOOL-ASSIGNED CREDIT/PROCUREMENT
CARD HOLDER AGREEMENT
By my signature I hereby acknowledge that I have read and understand the
Paradise Schools' credit/procurement card policy and regulations.
Furthermore, I affirm that I will not use the credit/procurement card for
personal reasons. I understand that a violation of this agreement may result
in disciplinary action up to and including termination, and possible legal
action.
_______________________________________
Signature
___________________________
Position
_______________________________________
Printed name
___________________________
Date signed
PARADISE SCHOOLS
2/7/13
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DC-2050
© 2012 Arizona School Boards Association
DH
BONDED EMPLOYEES
AND OFFICERS
The School Governing Body requires bonding of student activities treasurers
and other school employees to cover fidelity and loss of money. The amount
of bond will be prescribed by the Governing Body, except that no revolving
fund shall be established unless the designated custodian is bonded for an
amount equal to twice the amount of the fund. In determining the amount
and type of other bonds, the Governing Body will consider the amount of
money in accounts during the period of time covered by the bond. The cost of
bonding shall be paid by the School.
Adopted: date of Handbook adoption
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DC-2150
DI
© 2012 Arizona School Boards Association
FISCAL ACCOUNTING AND REPORTING
The Executive Director shall be ultimately responsible for receiving and
properly accounting for all funds of the School.
The Executive Director shall provide to the Governing Body periodic financial
reports showing the financial condition of the School.
The Executive Director shall also be responsible for student accounting and
shall report enrollment and attendance as required by the state.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-183
15-239
15-901
PARADISE SCHOOLS
2/7/13
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DC-2200
© 2012 Arizona School Boards Association
DIA
ACCOUNTING SYSTEM
Records of all phases of the business operation shall be kept in strict
accordance with the accepted accounting procedures, other applicable laws,
and the policies of the Governing Body.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-183
CROSS REF.:
DI - Fiscal Accounting and Reporting
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DC-2350
© 2012 Arizona School Boards Association
DID
INVENTORIES
The Executive Director shall establish a program to implement inventory
procedures, which shall include inventory of land, buildings, and equipment.
The acquisition threshold for capitalizing items and entering them on the
general fixed assets listing shall be three hundred dollars ($300) or greater.
Adopted: date of Handbook adoption
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DC-2361
© 2012 Arizona School Boards Association
REGULATION
DID-R
REGULATION
INVENTORIES
The school will follow the prescribed minimum internal control policies and
procedures provided by the Uniform System of Financial Records for Charter
Schools to meet compliance requirements for inventories.
A copy of the complete inventory shall be on file. A detailed listing of capital
assets such as land, buildings, machinery and equipment, vehicles,
infrastructure, and easements must be established as prescribed by the
Governmental Accounting Standards Board (GASB). Assets, including lands
and buildings, and improvements to land and/or existing buildings, having a
total acquisition cost of three hundred dollars ($300) or more inventory. To
comply with the requirements of GASB Statement number 34, accurate,
complete, and up-to-date documentation including, but not limited to, the
following shall be maintained:
An inventory record registering for each item the:
description;
year of acquisition;
method of acquisition;
funding source;
cost or estimated cost;
salvage value;
estimated useful life;
function(s) for which the asset is used.
A depreciation schedule that:
includes all exhaustible capital assets, by type, with examples;
excludes non-exhaustible capital assets and construction in
process;
is based on locally-determined estimated useful life, typically in
years;
projects residual value at the end of useful life;
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DID-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
identifies the method used for calculating depreciation;
identifies the selected averaging condition, where applicable.
A disposal listing of items removed from the inventory, including at
minimum the date and method of disposal.
A stewardship inventory shall also be maintained for all equipment,
including vehicles, with a cost of one thousand dollars ($1,000) or more but
less than the capital asset threshold. The inventory must identify each item's
description, identification (tag) number, location, and the month and year of
acquisition.
For insurance and other purposes, an inventory of items with an acquisition
cost of less than one thousand dollars ($1,000) may be maintained.
The School shall conduct a physical inventory of listed equipment:
at least every two (2) years for items:
purchased with federal funds;
with an acquisition cost of five thousand dollars ($5,000) or more.
at least every three (3) years:
for all capital equipment;
for items on the stewardship list, where such list exists.
Each administrative unit shall assist in completing an annual inventory of all
capital furniture and equipment, library media, and textbooks at its location.
Any employee who desires to remove an item from one site or department for
use in another is required to submit a written transfer request form to the
office. Written approval must be obtained from the Director prior to the
relocation of an item.
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DC-2400
© 2012 Arizona School Boards Association
DIE
AUDITS / FINANCIAL MONITORING
The School Governing Body directs the Executive Director to implement
procedures that assure School compliance with all state and federal
requirements for financial monitoring and audits.
Contingent upon
prescribed qualifying criteria, such requirements may include, but are not
limited to, procedural reviews by the Office of the Auditor General and the
federal Single Audit Act Amendments of 2003.
The procurement of the necessary services shall be consistent with the
School's policy on bidding and purchasing procedures.
A final report of each separate fiscal management review shall be presented
to the Governing Body for examination and discussion. After a report has
been presented to the Governing Body, it will become a matter of public
record, and its distribution will not be limited. Copies of a final report shall
be filed with appropriate state and other authorities.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-239
15-914
15-2111
41-1279.04
41-1279.05
41-1279.07
41-1279.21
41-1279.22
A.A.C. R7-2-902
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DC-2411
DIE-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
AUDITS / FINANCIAL MONITORING
Each program, instructional unit, and department shall prepare and
maintain such financial records as are directed by the Executive Director.
The documents shall be accurate and of essential sufficiency to enable the
School to comply with all requirements for financial monitoring and audits,
both internal and external.
In addition to special reviews that may be conducted as necessary, the School
will comply with the following minimum requirements to demonstrate proper
management of and accountability for its fiscal resources:
The School shall contract for at least an annual financial statement
audit conducted in accordance with generally accepted governmental
auditing standards. An independent certified public accountant shall
conduct the audit.
Whenever the School's combined expenditure from all sources of federal
financial assistance is five hundred thousand dollars ($500,000) or more
during a fiscal year, the School shall contract with an approved
independent auditor to conduct an annual financial audit. The audit
shall be performed in accordance with generally accepted auditing
standards in compliance with the requirements of the federal Single
Audit Act Amendments of 1996 and any implementing regulations of
the Office of Management and Budget (OMB).
To the extent permitted by federal law, the School:
may convert to a biennial audit schedule when the previous annual
audit contained no significant negative findings, defined as the School
having received a letter of noncompliance issued by the auditor general;
shall convert back to an annual audit whenever an audit produces
significant negative findings;
may convert back to a biennial audit schedule when the two (2)
previous audits have not contained and significant negative findings.
The Executive Director shall be promptly informed of any material deficiency
that is discovered during a monitoring or auditing process.
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DC-2450
© 2012 Arizona School Boards Association
DJ
PURCHASING
(Purchasing Ethics Policy)
The Governing Body members and employees shall not use their offices or
positions to receive any valuable things or benefits that would not ordinarily
accrue to them in the performance of duties if the things or benefits are of
such value or character as to manifest a substantial and improper influence
upon the performance of their duties.
This policy should not be construed to prohibit Governing Body members and
employees from accepting inexpensive novelty advertising items and holiday
gifts or occasional business meals.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-183
15-213
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DC-2750
DJE
BIDDING / PURCHASING PROCEDURES
The Executive Director shall be responsible for all purchasing, contracting,
competitive bidding, and receiving and processing of all bid protests, in
accordance with the Board procurement rules.
Purchasing Procedures
Purchases of ten thousand dollars ($10,000) or less may be made at the
discretion of the Executive Director.
Verbal price quotations will be requested from at least three (3) vendors for a
transaction in excess of ten thousand dollars ($10,000) but less than twentyfive thousand dollars ($25,000). The price quotations should be shown on, or
attached to, the related requisition form. If three (3) verbal quotations
cannot be obtained, documentation showing the vendors contacted that did
not offer price quotations, or explaining why price quotations were not
obtained, shall be maintained on file in the School office.
Written price quotations will be requested from at least three (3) vendors for
transactions of at least twenty-five thousand dollars ($25,000). If three (3)
written price quotations cannot be obtained, documentation showing the
vendors contacted that did not offer written price quotations, or explaining
why written price quotations were not obtained, shall be maintained on file in
the School office.
The Board must approve purchases exceeding one hundred thousand dollars
($100,000). The Board may elect to determine the process by which the
purchase will be made including but not limited to Request for
Proposal/Qualifications (RFP/RFQ), Sealed Bid, Sole-Source, or through a
Cooperative Purchasing Agreement.
Emergency Purchases
An emergency purchase may be made in the event of an emergency involving
the health, safety, or welfare of school personnel or students. In such an
emergency, declared by the Executive Director, emergency purchase action
may be taken without price competition, if necessary. Even under emergency
conditions, price competition should be sought if it will not unacceptably
delay the correction of the condition requiring emergency procedures. If
emergency purchase are made without price competition, a complete written
description of the circumstances shall be maintained on file in the School
office and provided to the Board at the next regularly scheduled board
meeting.
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DC-2750
DJE
Purchases not using State
and/or Federal Funds
Purchase of items and services not using state and/or federal funds that
require the School to receive the funds and then pay the vendor all or the
major portion of that collected, are to be made at the discretion of the
Executive Director using reasonable business practices. These items and
services include but are not limited to PEP services, school store items,
yearbook, and school pictures.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-189
11-952
15-213
15-239
15-765
15-910.02
23-214
35-391 et seq.
35-393 et seq.
38-511
41-2632
41-4401
A.G.O. I83-136
A.A.C. R7-2-1001 et seq.
USFRCS VI-G-8 et seq.
CROSS REF.:
DJG - Vendor/Contractor Relations
JLIF - Sex Offender Notification
PARADISE SCHOOLS
2/7/13
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DC-2761
DJE-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
BIDDING / PURCHASING PROCEDURES
Cooperative Purchasing Agreements
Procurements in accordance with intergovernmental agreements and
contracts between the School and other governing bodies as authorized by
A.R.S. 15-952 are exempt from competitive bidding requirements under
A.R.S. 15-213. Inspection of and payment for materials and services acquired
under a cooperative purchasing agreement are the obligation of the School.
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DC-2781
DJE-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
BIDDING / PURCHASING PROCEDURES
Required Contract Content
Each contract for the procurement of goods or services shall include a clause
requiring the Contractor to certify that the contractor does not have
scrutinized business operations in Sudan nor scrutinized business operations
in Iran.
The following language is suggested:
In accordance with A.R.S. Sections 35-391 et seq. and 35-393 et seq., the
offeror hereby certifies that the offeror does not have scrutinized
business operations in Sudan nor scrutinized business operations in
Iran. (Added to Offer/Acceptance Form Certification)
Cancellation of Contracts
Within three (3) years after the execution of any contract made by the School,
the School may cancel such contract if any person significantly involved in
initiating, negotiating, securing, drafting, or creating the contract on behalf
of the School is, at any time while the contract or any extension of the
contract is in effect, an employee or agent of any other party to the contract
in any capacity or a consultant to any other party of the contract with respect
to the subject matter of the contract.
Such cancellation by the School shall be effective when written notice from
the Governing Body is received by all other parties to the contract unless the
notice specifies a later time.
In addition to the right to cancel a contract, as provided above, the School
may recoup any fee or commission paid or due any person significantly
involved in initiating, negotiating, securing, drafting, or creating the contract
on behalf of the School from any other party to the contract arising as the
result of the contract.
Notice of this provision shall be included in every contract to which the
School is a party. Such notice could read:
In accordance with A.R.S. 38-511, if a person significantly
involved in a School contract becomes an employee, agent, or
consultant to any other party of the contract with respect to the
subject matter of the contract, the School may cancel the
contract within three (3) years of execution and recoup any fee
or commission paid to such person.
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DC-2850
© 2012 Arizona School Boards Association
DJG
VENDOR / CONTRACTOR RELATIONS
Fingerprinting Requirements
A contractor, subcontractor or vendor, or any employee of a contractor,
subcontractor or vendor, who is contracted to provide services on a regular
basis at an individual school shall obtain a valid fingerprint clearance card
pursuant to A.R.S. 41-1758 et seq. The Executive Director, or a principal
subject to approval by the Executive Director, may exempt from the
requirement to obtain a fingerprint clearance card a contractor,
subcontractor, or vendor whom the Executive Director or principal has
determined is not likely to have independent access or unsupervised contact
with students as part of their normal job duties while performing services to
the school or to the School. The exemption shall be given in writing and a
copy filed in the School office.
The Executive Director shall develop uniform School criterion for making a
determination of whether or not an exemption will be granted.
Required Contract Provisions
Each contract shall contain the provisions of statute paraphrased below and
the Executive Director shall implement procedures to randomly verify the
records of contractor and subcontractor employees to ensure compliance with
these warranties.
The contract or agreement with each contractor shall contain the warranties
indicated below:
Each contractor shall warrant compliance with all federal immigration
laws and regulations that relate to their employees and that they have
verified employment eligibility of each employee through the E-Verify
program. The contractor shall acknowledge that a breach of this
warranty shall be deemed a material breach of the contract subject to
penalties up to and including termination of the contract.
The contractor further acknowledges that the School retains the legal
right to inspect the papers of any contractor or subcontractor employee
who works on the contract to ensure compliance by the contractor or
subcontractor.
The contractor shall facilitate this right by notice to his employees and
supervisors.
Adopted: date of Handbook adoption
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DC-2850
DJG
© 2012 Arizona School Boards Association
LEGAL REF.: A.R.S. 15-512
23-214
41-1758 et seq.
41-4401
Public Law 92-544
CROSS REF.:
DBF - Budget Hearings and Reviews/Adoption Process
DJE - Bidding/Purchasing Procedures
PARADISE SCHOOLS
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DC-2861
DJG-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
VENDOR / CONTRACTOR RELATIONS
A School appointed contract liaison shall at random times request contractor
and subcontractor employment records. Intermittently and without prior
notice, the School appointed liaison to each contractor shall request from the
individual contractor and subcontractor employees the information required
on the I-9 form. Such information shall be used to verify the employee's right
to work status and the contractor and subcontractor compliance with contract
warranties. A report of the result of this inquiry shall be made to the
Executive Director.
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DC-3000
DKA
© 2012 Arizona School Boards Association
PAYROLL PROCEDURES / SCHEDULES
Payroll checks will be issued bi-weekly, not more than sixteen (16) days
apart.
Hourly employees will be paid for work done during the period of assignment.
Wages for employees assigned to work per an annual contract wii be
annualized beyond the period in which the wages were earned.
Not to exceed five (5) days of labor may be withheld for employees remaining
in the service. Overtime and exception pay shall be paid no later than
sixteen (16) days after the end of the most recent pay period.
An employee who quits the service of the School shall be paid all wages due
on the regular payday for the pay period during which termination occurs.
Such wages may be paid by mail if requested.
An employee who is discharged from service of the School shall be paid all
wages due within three (3) work days from the date of discharge or by the
end of the next regular pay period, whichever is sooner.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 23-351
23-353
CROSS REF.:
GCQF - Discipline, Suspension, and Dismissal of
Professional/Support Staff Members
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DC-3300
© 2012 Arizona School Boards Association
DM
CASH IN SCHOOL BUILDINGS
Monies collected by school employees and by student treasurers shall be
handled in accordance with prudent business procedures. All monies
collected shall be receipted, accounted for, and directed without delay to the
proper location of deposit.
In no case shall money be left overnight in school buildings, except in safes
provided for safekeeping of valuables.
Adopted: date of Handbook adoption
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EC-0150
© 2012 Arizona School Boards Association
EB
ENVIRONMENTAL AND
SAFETY PROGRAM
The Executive Director will establish procedures to protect the safety of all
students, employees, visitors, and others present on School property or at
school-sponsored events.
The practice of safety shall also be considered a facet of the instructional plan
of the School schools by virtue of educational programs in traffic and
pedestrian safety, driver education, fire prevention, and emergency
procedures, appropriate for students at different grade levels. General areas
of emphasis shall include, but not be limited to: in-service training; accident
record keeping; plant inspection; driver and vehicle safety programs; fire
prevention; school site selection; and emergency procedures and traffic safety
problems relevant to students, employees, and the community.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-2911
15-151
15-507
23-403
23-408
CROSS REF.:
EBAA - Reporting of Hazards/Warning Systems
JLIF - Sex Offender Notification
PARADISE SCHOOLS
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EC-0161
EB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
ENVIRONMENTAL AND
SAFETY PROGRAM
Responsibilities for maintenance:
Maintain an overall safety program in maintenance and operation of
buildings and grounds.
Provide specialized assistance as requested by building administrator.
Responsibilities for buildings:
Schedule regular inspections.
Post required state and federal safety regulations and maintaining
appropriate safety records.
Arrange for the correction of defects reported to them by employees in
the building by requesting assistance from the maintenance
department.
Correction of defects reported by the maintenance department or other
school employees.
Responsibilities for transportation:
Maintain standards for certification of school bus drivers.
Maintain standards for periodic inspection and maintenance of school
buses.
Maintain standards for school bus operation.
Responsibilities of employees:
Report promptly to the administrator any defects in buildings, grounds,
or equipment that might prove injurious to the safety, health, or
comfort of students, employees, or other persons.
Take reasonable precaution for the safe use of buildings, grounds, and
equipment by students.
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EC-0161
EB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
Responsibilities of students:
Avoid the following behaviors:
Setting off a false fire alarm.
Misusing the fire alarm system, fire extinguishers, or other fire
protection and safety equipment.
Setting a fire in the building or on the school grounds.
Report promptly to the administrator of the school or other appropriate
school employee any defects in buildings, grounds, or equipment that
might prove injurious to the safety, health, or comfort of employees,
students, or other persons.
Responsibilities of individuals utilizing school buildings:
Refrain from abusing safety equipment, such as fire extinguishers,
alarm systems, et cetera.
Report promptly to the Executive Director or another school employee
any defects in buildings, grounds, or equipment that might prove
injurious to the safety, health, or comfort of students, employees, or
other persons.
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EC-0250
© 2012 Arizona School Boards Association
EBAA
REPORTING OF HAZARDS /
WARNING SYSTEMS
(Pesticide Application Notice)
The intent of this policy is to ensure that students, employees, and
parents/guardians receive adequate notice prior to pesticide application.
In accord with A.R.S. 15-152, the District shall:
Provide notice of pesticide application during a regular school session to
students, employees, and parents/guardians, given in a form reasonably
calculated to provide a warning at least forty-eight (48) hours prior to
such application.
Provide continuing instruction for students absenting themselves.
Post the areas scheduled to receive pesticide application.
Maintain written records of pesticide application.
Pest-control applicator(s) employed by the School shall provide the school
contact person with notice at least seventy-two (72) hours prior to the date
and time the application of pesticides is to occur, including in such notice the
brand name, concentration, rate of application, pesticide label, material
safety data sheet, the area or areas where the pesticide is to be applied, and
any use restrictions required by the pesticide label. Prior to the application,
the applicator shall provide the school contact person with a written
preapplication notification containing the following information:
The brand name, concentration, rate of application, and any use
restrictions required by the label of the herbicide or specific pesticide.
The area or areas where the pesticide is to be applied.
The date and time the application is to occur.
The pesticide label and the material safety data sheet.
In case of pesticide applications performed for or by public health agencies or
emergency applications because of immediate threat to the public health, the
licensed applicator shall give the school site office oral and, if possible,
written notice, with posting of the area to be treated in accord with A.R.S. 322307.
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EC-0250
© 2012 Arizona School Boards Association
EBAA
The Executive Director may require the pest-control applicator to fill out and
make all required postings in accord with statute and with School policy. The
name and telephone number of the applicator shall be attached to any
posting.
The Executive Director shall prepare regulations for the implementation of
this policy.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-152
32-2307
CROSS REF.:
IKEA - Make Up Opportunities
PARADISE SCHOOLS
2/7/13
Page 2 of 2
EC-0261
© 2012 Arizona School Boards Association
REGULATION
EBAA-R
REGULATION
REPORTING OF HAZARDS /
WARNING SYSTEMS
(Pesticide Application Notice)
The site administrator shall be the contact person for providing information
regarding pesticide application activities at the school, including but not
limited to giving oral and written notification, supervising the posting of
notifications as required, and maintaining records of pesticide-application
notifications.
Oral and Written Notice
All oral and written notification shall contain, at a minimum, the date, time,
general areas to be treated, and brand name of the pesticide to be applied.
During the regular school session, and not less than forty-eight (48) hours
prior to pesticide application, notification shall be provided in the manner
indicated below.
Oral notification to all students and school employees shall be provided
by means of:
School public address systems; or
Assembly communications; or
Staff meeting announcements; or
Any similar means reasonably calculated to provide sufficient
notice in advance of pesticide application.
Written notification to the parents or guardians of enrolled students
shall be provided by means of:
Weekly school lunch menus; or
Special communications; or
Newsletters; or
Any similar means reasonably calculated to provide sufficient
notice in advance of pesticide application.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
EC-0261
© 2012 Arizona School Boards Association
REGULATION
EBAA-R
REGULATION
Posting of Notice
No less than forty-eight (48) hours prior to pesticide application, signs shall
be posted to identify pesticide application areas. The signs shall display:
The words "warning - pesticides."
The date and time of the application.
A phone number for the school contact person and one (1) for the
licensed pesticide applicator.
The signs shall be placed at:
The main entrance to all buildings where pesticide is to be applied.
Playing fields where pesticide is to be applied.
The signs may be removed no less than forty-eight (48) hours after the
pesticide is applied.
CROSS REF.:
IKEA - Make Up Opportunities
PARADISE SCHOOLS
2/7/13
Page 2 of 2
EC-0500
© 2012 Arizona School Boards Association
EBBB
ACCIDENT REPORTS
Adequate and prompt accident reporting is essential if similar accidents are
to be prevented. If there are injuries or property damage, prompt reports are
also vital in assuring the School of insurance coverage.
Reports will be filed on accidents that take place on school property or that
involve school vehicles, students, or staff members on school-sponsored trips,
including staff members on authorized school business trips. Such reports
are required whether or not there are any immediately evident injuries or
damage to property.
Injury accidents should be promptly reported to the School's liability carrier.
The meaning of promptly is defined in the School's insurance policy with the
carrier.
The administration shall establish procedures for filing accident reports, and
shall make sure reports include details that 1) might be helpful in preventing
similar accidents in the future, 2) are needed for filing insurance claims, and
3) might be important in case of litigation.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 23-427
CROSS REF.:
GBGC - Employee Assistance
GBGD - Workers' Compensation
PARADISE SCHOOLS
2/7/13
Page 1 of 1
EC-0511
© 2012 Arizona School Boards Association
REGULATION
EBBB-R
REGULATION
ACCIDENT REPORTS
(Student Accidents)
Employees are to report to the office any accident involving a student who is
at school.
For any student who is injured on school grounds, in a school building, or in
connection with a school-related or approved activity, an accident report form
is to be completed by an employee who is at the scene of the accident.
A student who is ill should be sent to the office, with an appropriate pass. If
a student is sent home (only with parent knowledge), the teacher will be
notified. Students are discharged to go home only from the office.
Any special health concern should be reported to the office.
A written report of an accident shall be made by the building administrator
to the Executive Director not later than noon of the school day following the
incident. The insurance carrier shall be notified as appropriate.
After reviewing each accident report, the Executive Director will forward the
report to the school office to be filed with accident reports.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
EC-0531
© 2012 Arizona School Boards Association
EXHIBIT
EBBB-E
EXHIBIT
ACCIDENT REPORTS
STUDENT ACCIDENT REPORT
School ______________________________ Date of report ____________________
Name ______________________________ Sex:  Male  Female Grade ____
Age______ Home address _______________________________________________
Phone___________________________ Teacher ______________________________
E-mail address _________________________________________________________
Time of accident: Hour ___________  a.m.  p.m.
Date ____________
Place of accident:  School building  School grounds  To or from school
 Interscholastic athletics
Witness name __________________ Address _____________________________
________________________
Description of Accident
How did the accident happen? What did the student state? (Use quotes.)
Where was the student? Describe first aid given.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
______________________________
Signature of person reporting
________________________
Was the parent or other individual notified?  No  Yes
When?_____________
Name of individual notified ________________________ How?_______________
By whom? _____________________________________________________________
First aid treatment ______________________ By whom?_____________________
 Called 911; Sent to:  Home  Physician  Class ____________Hospital
How was student transported? __________________________________________
 District office notified. Time __________ By whom?_____________________
________________________
PARADISE SCHOOLS
2/7/13
Page 1 of 2
EC-0531
© 2012 Arizona School Boards Association
EXHIBIT
EBBB-E
EXHIBIT
Location  Athletic field
 Playground
 Classroom
 Corridor
of
 Cafeteria  Dressing room
 Gymnasium
 Home ec.
accident:  Bus  Science lab  Rest room  School grounds  Shop
 Showers  Stairs  Bus stop  Other: _____________________
Follow-up
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Total number of days absent: _______
Nature of injury:
 Abrasion
 Amputation
 Animal bite
 Avulsed tooth
 Fracture
 Human bite
 Laceration  Puncture  Scratches  Sprain
 Strain  Other:______________________________________________________
Part of body injured:  Ankle  Arm  Back  Clavicle  Elbow
 Eye  Face  Finger  Foot  Hand  Head  Knee  Leg
 Nose  Scalp  Toe  Tooth  Wrist  Other: ______________________
_____________________________
Executive Director's signature
PARADISE SCHOOLS
2/7/13
_________ ____________________ ________
Date
H/A signature
Date
Page 2 of 2
EC-0550
© 2012 Arizona School Boards Association
EBC
EMERGENCIES
The Executive Director will develop and maintain School emergency plans for
fire and other threats and will coordinate such plans with the local police,
fire, and hospital authorities as necessary.
The plans will specify conditions under which evacuation of school buildings
will occur. The plans will also designate specific emergency drills to be
conducted. The fire department shall be invited to review the plan(s).
Adopted: date of Handbook adoption
PARADISE SCHOOLS
2/7/13
Page 1 of 1
EC-0561
© 2012 Arizona School Boards Association
REGULATION
EBC-RA
REGULATION
EMERGENCIES
The Executive Director or other appropriate unit administrator will develop
emergency plans for fire or other threats. These plans will provide for:
Inside emergencies, such as a fire, actual or potential explosion,
propane leak, or collapsing structure.
Outside emergencies, such as a fallen electrical wire, plane crash on
campus or nearby, sniper, or earthquake.
The plans will specify the conditions under which evacuation of the building
will occur (and the procedures therefor). The plans will also designate
specific emergency drills to be conducted. A diagram of the school floor plan
will be posted in each room showing emergency exits to be used.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
EC-0562
© 2012 Arizona School Boards Association
REGULATION
EBC-RB
REGULATION
EMERGENCIES
(Emergency Drills for Evacuation)
Emergency drills will be scheduled and conducted each month during the
school year. The purpose of a drill is to train students, under staff direction,
to move safely, quickly, and quietly from any location within the building to
an assigned evacuation area outside.
The following rules and procedures will be complied with in all schools:
Evacuation routes will be posted in each room. These routes will
indicate the primary and alternate exits and the evacuation area to
which the student should proceed upon leaving the building. During
the first week of the school year, rules for emergency evacuation will be
discussed with each class using the room.
A distinct alarm signal will be used for emergency drills only; another
signal will be established by the administrator for return to class.
No student or staff member is to remain in the building during
emergency drills.
All persons should exit according to their posted evacuation routes and
proceed to assigned locations a safe distance away from the building.
It is each student's responsibility to move quickly, quietly, and in an
orderly manner through the assigned exit to the assigned evacuation
area.
The teacher will be responsible for:
Seeing that windows and doors are closed with doors unlocked.
Assuring that electrical equipment and gas jets are turned off.
Maintaining order during the evacuation.
Taking the class roster and checking roll when the class is in the
assigned evacuation area. The name of any student not accounted
for will be reported immediately to the administrator, who shall
promptly notify the Executive Director.
A report stating the date and time that the drill was conducted, and the
time required to complete the evacuation will be made.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
EC-0563
EBC-RC
© 2012 Arizona School Boards Association
REGULATION
REGULATION
EMERGENCIES
(First Aid)
If a student is injured or becomes ill during the school day or while attending
a school-sponsored activity, it is the responsibility of any staff member
present to render assistance.
First aid procedures shall be based on the following fundamental concepts:
The school is responsible for the emergency handling of accidents and
sudden illness occurring at school or on school property. The school is
not responsible for subsequent treatment.
At the time of an emergency, the school has the responsibility for:
Caring for the student.
Notifying the student's parents or guardian, or, if these cannot be
reached, following directions given on the student's enrollment
card.
In extreme cases, getting the student under professional care with
or without family permission.
In the absence of family transportation or ambulance service, an
authorized employee may have to take the sick or injured student
home, to the physician's office, or to the hospital. A sick or injured
student should be accompanied from the school by an adult. If the
destination is the student's home, the adult shall have ascertained that
a responsible person is at home to assume responsibility.
In case of any serious injury or illness, the parent or responsible person
should always be notified as soon as possible. Emergency care of the
student has priority.
Medication administered by any school personnel shall be in compliance
with JLCD.
A written report of an accident shall be made by the building
administrator to the Executive Director not later than noon of the
school day following the incident.
CROSS REF.:
JLCD - Administering Medicines to Students
PARADISE SCHOOLS
2/7/13
Page 1 of 1
EC-0564
© 2012 Arizona School Boards Association
REGULATION
EBC-RD
REGULATION
EMERGENCIES
(Bomb Threats)
If a phone call or other notice is received indicating that a bomb has been
placed in a school, the following procedures will be followed:
The call will be reported to the administrator in charge at the time.
The administrator in charge will discuss the matter with the Executive
Director and determine whether or not to:
Evacuate the building immediately as per designated procedure.
Notify the police and the fire department.
If the police and the fire department are called, the administrator in
charge will comply with the instructions of the ranking officer.
Staff members and students will be allowed to return to school only
when authorized by the ranking officer.
The person receiving a threat by phone will note the exact time of the call
and attempt to get a voice description of the caller (i.e., age, sex, identifying
patterns of speech, et cetera). If recording capability exists in the School for
telephone calls of this nature, a recording of the call will be attempted.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
EC-0565
© 2012 Arizona School Boards Association
REGULATION
EBC-RE
REGULATION
EMERGENCIES
(Procedures for Aftermath of Suicide,
Suicide Attempt, or Other Tragedy)
In the event of an emergency, School personnel are to refer to the School's
Emergency Response Plan.
Notification
Administration:
Anyone who hears about a suicide or other tragedy involving a
student/employee should contact the Executive Director immediately.
If the tragedy has occurred in school, crisis-intervention procedures
should be followed.
The Executive Director shall verify the information. The information
must be handled with great care. To verify the facts, the local law
enforcement station or coroner should be called to determine precisely
what has happened. A log of all communications must be maintained.
The Executive Directort should communicate appropriate information
to staff members as quickly as possible. The Governing Body shall be
notified of the tragedy and implementation of emergency procedures.
The Executive Director should notify the coordinator of emergency
programs and the School media spokesperson of the nature of the
tragedy.
Teachers:
If the tragedy has occurred outside of school hours, the teaching staff
should be notified as soon as possible.
If possible, an emergency mandatory meeting of the teachers should be
called to review general strategy.
Appropriate school personnel should meet as soon as possible to discuss
specifics of the plan.
Students. Appropriate school personnel may be relieved of duties in order to
notify students in individual classroom groupings.
Media. The Executive Director should designate a spokesperson to answer
press and community inquiries.
PARADISE SCHOOLS
2/7/13
Page 1 of 5
EC-0565
© 2012 Arizona School Boards Association
REGULATION
EBC-RE
REGULATION
Other contacts. The Executive Director should notify others in the School,
and the chief administrators of neighboring schools/school districts if
appropriate.
Services
Drop-in centers. Any student who would like to discuss personal feelings
regarding the tragedy should be invited to use this service. Drop-in center
locations should be posted in every classroom and office. Counselors and
other professionals trained in crisis intervention should be available in the
drop-in centers throughout the school day. This service should be available
for a reasonable time after the tragedy.
Identification of at-risk students. Students and members of the faculty
and staff should submit to the administration names of any students they
believe to be especially vulnerable in the aftermath of suicide or other
tragedy. Such persons include friends/relatives of the victim, students with
histories of emotional problems or low self-esteem, and other students who
may be vulnerable. Any student who is visibly upset should be referred to a
drop-in center immediately.
Discussion groups for teachers. The purpose of such groups is not to
discuss specifics of the tragedy. Instead, group members will be given the
opportunity to vent their feelings regarding the recent loss.
Follow-up
Condolences. The Executive Director should express condolences and offer
help to the family of the victim on behalf of the School.
Recognition of the tragedy:
It is vitally important that school personnel not glamorize the suicide
death of a student. The School should not conduct a special memorial
service or dedication to the memory of an individual who has committed
suicide.
A memorial should be considered in the event of a death other than
suicide.
Students who have parental permission to do so may be excused from
school to attend the funeral or memorial service.
As much as possible, the school policy should be "business as usual."
Counseling services should be available to all students, but classroom
teachers should continue to use class time for schoolwork.
PARADISE SCHOOLS
2/7/13
Page 2 of 5
EC-0565
EBC-RE
© 2012 Arizona School Boards Association
REGULATION
REGULATION
Guidelines for Administrators
The school administrator:
Should immediately notify the Executive Director.
Should verify the information with the proper authorities before taking
further action (if so designated by the Executive Director).
Should, if possible, call an emergency meeting of the teachers to review
general strategy.
May relieve staff members of their duties so that students may be
notified in individual classroom groupings.
Should express condolences and offer to help the family of the victim on
behalf of the School.
Should excuse students (who have parental permission) to attend the
victim's funeral or memorial service. However, the school should not
conduct a memorial service or dedication to the memory of an individual
who has committed suicide or who has died as a result of substance
abuse.
Should model a calm demeanor for students and staff members. As
much as possible, the school policy should be "business as usual."
Counseling services should be available to all students, but classroom
teachers should be instructed to continue to use class time for
schoolwork.
The coordinator of emergency programs:
Should be notified of the tragedy by the school administrator.
Together with the school administrator(s), should conduct
emergency meeting of the teachers to review general strategy.
an
At such emergency meeting, should distribute to teachers and
administrators copies of applicable procedures and guidelines.
Should arrange and conduct an emergency meeting of the school crisis
team to discuss specifics of the plan.
Should organize drop-in services for students.
Should note the names of students who are believed to be especially
vulnerable in the aftermath of a suicide or other tragedy.
PARADISE SCHOOLS
2/7/13
Page 3 of 5
EC-0565
© 2012 Arizona School Boards Association
REGULATION
EBC-RE
REGULATION
Should meet with high-risk students and make appropriate referrals.
May conduct an after-school discussion group for interested faculty
and/or staff personnel to help them work through their feelings.
Should be a resource person for students, parents, administrators,
teachers, and members of the support staff.
The School media spokesperson:
Should be designated by the School to answer press and community
questions.
Must take care that confidential information is not released. A release
such as the following may be used:
"A tragedy has happened. _______________________, a _______thgrade student, has died. To protect family privacy, details of
_______________________'s death will not be released. The School
is providing counseling and referral services to help our students
work through this tragedy."
Note: The death should not be referred to as a suicide unless it
has been verified by authorities. If the cause of death is unclear,
media representatives should be referred to the proper
authorities.
Guidelines for Teachers
Teachers:
Should inform students about the availability of the drop-in centers. A
drop-in center can provide students the opportunity to talk, with a
counselor or other professional trained in crisis intervention, about
their feelings regarding the tragedy. Drop-in center location(s) should
be posted in every classroom.
Need to be aware of students' reactions to the tragedy. A student who
is visibly upset should be referred to a drop-in center immediately.
Should submit to the coordinator of emergency programs the names of
any students whom they believe to be especially vulnerable in the
aftermath of a suicide or other tragedy. Such persons may include
friends/relatives of the victim, students who seem to have emotional
problems or low self-esteem, and students who seem to be holding in
their feelings.
PARADISE SCHOOLS
2/7/13
Page 4 of 5
EC-0565
© 2012 Arizona School Boards Association
REGULATION
EBC-RE
REGULATION
As much as possible, should abide by the principle of "business as
usual." Class time should not be used to discuss the incident. Instead,
any concerned student should be sent to a drop-in center.
Should not talk to the media about the tragedy. The privacy of the
victim's family must be respected. Questions should be referred to the
District media spokesperson.
Should, above all, model calm demeanor during the crisis situation.
Need to check their personal reactions to the tragedy. After-school
discussion groups will be available to help teachers work through their
feelings.
PARADISE SCHOOLS
2/7/13
Page 5 of 5
EC-0581
© 2012 Arizona School Boards Association
EXHIBIT
EBC-E
EXHIBIT
EMERGENCIES
PROCEDURES FOR AFTERMATH OF SUICIDE,
SUICIDE ATTEMPT, OR OTHER TRAGEDY
At the beginning of a school year a plan should be developed that will
delineate how School personnel are to respond to a crisis involving suicide,
attempted suicide, or another tragedy involving a School student or
employee. Assignments and operational details of such a plan should be
made when these details can be handled without the pressure of the crisis or
tragedy.
The following questions should receive attention during the planning phase:
Who should be the coordinator of emergency programs?
Who is to be the media spokesperson?
Who will constitute the crisis team? (At a minimum, an administrator,
psychologists, counselors, teachers, nurses, and community social
services representatives should be considered.)
What training will the crisis team need for their function?
Who will provide counseling through the drop-in centers?
How will referrals of at-risk or suspected at-risk students before and
after the crisis be made?
A review of "Youth Suicide: A Special Problem in Need of Preventive
Planning" (Az - TAS, February 1992) will provide some assistance as to
resources and strategy.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
EC-1100
© 2012 Arizona School Boards Association
ECAD
SCHOOL AND PERSONAL PROPERTY
REPLACEMENT / RESTITUTION
(Personal Property)
The School shall not assume responsibility for the loss of, or damage to,
personal property stored, installed, or used on school premises.
Adopted: date of Handbook adoption
PARADISE SCHOOLS
2/7/13
Page 1 of 1
EC-1200
© 2012 Arizona School Boards Association
ECB
BUILDING AND GROUNDS
MAINTENANCE
Adequate maintenance of buildings, grounds and property is essential to
efficient management of the School.
The Governing Body directs a continuous program of inspection and
maintenance of School buildings and equipment.
Wherever possible,
maintenance shall be preventive and will focus on providing an on-going
healthy learning environment for both students and School personnel.
Emphasis will be placed on the implementation of a School Indoor Air
Quality (IAQ) Management Plan in order to minimize indoor air pollution.
The Executive Director shall appoint a School IAQ Coordinator who will
develop and implement inspection, maintenance, repair, use, and disposal
schedules as applicable for buildings, HVAC systems, new construction and
renovations, chemicals and other materials.
The Executive Director shall oversee the development and implementation of
routine facilities maintenance guidelines covering the School's:
plumbing systems,
electrical systems,
heating, ventilation and air conditioning systems,
special equipment and other systems, and
roofing systems, including visual inspections performed by School
personnel to search for signs of structural stress and weakness.
A roofing inspection is required to be:
Accomplished prior to any repair or replacement of roof elements or roof
mounted equipment performed in accordance with the requirements of
the local building official requiring a permit.
Conducted by a registered structural engineer or other professional
with appropriate skills, training and certification.
School preventive facilities maintenance guidelines shall be submitted to the
Governing Body as directed.
Adopted: date of Handbook adoption
CROSS REF.:
EB - Environmental and Safety Program
JLIF - Sex Offender Notification
PARADISE SCHOOLS
2/7/13
Page 1 of 1
EC-2250
EEAE
© 2012 Arizona School Boards Association
BUS SAFETY PROGRAM
The safety and welfare of student riders is to be the first consideration in all
matters pertaining to transportation.
Toward that end, all School
transportation department personnel, bus operators, and bus passengers
shall comply with the rules adopted pursuant to A.R.S. 900 and the Minimum
Standards for School Buses and School Bus Drivers promulgated by the
Arizona Department of Administration and adopted as Chapter Nine of
A.A.C. Title 17, and shall immediately report to the Executive Director any
violation of rules or state statutes that threatens the health, safety, or
welfare of a passenger.
Bus evacuation drills shall be conducted at least twice every school year at
the school and shall include every passenger who rides a school bus and is in
school on the day of the evacuation drill. Each bus driver shall participate in
at least two (2) evacuation drills during each school year. The bus evacuation
drill shall be conducted in compliance with the requirements set out in R17-9104 for such a drill.
All vehicles used to transport students shall be maintained in such condition
as to provide safe and efficient transportation service with a minimum of
delays and disruption of such service due to mechanical or equipment failure.
Buses shall be replaced at such intervals as will provide good equipment at
all times.
Students shall not be put off the bus until reaching their destination.
In addition to the regular state inspections, each school bus shall be
inspected by the driver daily, before each use, to ascertain that it is in safe
condition and equipped as required by all provisions of law, and that all
equipment is in good working order.
Each school bus owned by, or contracted to, the School will conform to all
applicable federal and state requirements as provided by the Commercial
Motor Vehicle Safety Act of 1986 and A.A.C. Title 9, Chapter 17.
Each driver of a School-owned or School-contracted school bus, as defined by
and covered by the Commercial Motor Vehicle Safety Act of 1986 and A.A.C.
Title 9, Chapter 17, will conform to all requirements of the Act and such state
statutes, rules and regulations governing the operation of the vehicle.
Adopted: date of Handbook adoption
PARADISE SCHOOLS
2/7/13
Page 1 of 2
EC-2250
EEAE
© 2012 Arizona School Boards Association
LEGAL REF.: A.R.S. 15-843
28-900
28-984
A.A.C. R17-9-102
R17-9-104
R17-9-106
R17-9-108
Commercial Motor Vehicle Safety Act of 1986
49 U.S.C. 30101 (Standards and Compliance School Buses and School Bus Equipment)
PARADISE SCHOOLS
2/7/13
Page 2 of 2
EC-2261
© 2012 Arizona School Boards Association
REGULATION
EEAE-R
REGULATION
BUS SAFETY PROGRAM
A.A.C. R17-9-104 states, with respect to the authority of bus drivers,
"Passengers shall comply with all instructions given to them by a school bus
driver. A passenger or nonpassenger who has boarded the school bus and
refuses to comply with the school bus driver's instructions may be
surrendered into the custody of a person who is authorized by the school to
assume responsibility for the passenger or nonpassenger."
Student behavior on a school bus should be the same as that in a wellordered classroom with the exception that students are free to talk, but with
no screaming or shouting.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
EC-2281
© 2012 Arizona School Boards Association
EXHIBIT
EEAE-EA
EXHIBIT
BUS SAFETY PROGRAM
The following checklist may be used by School officials as a guide for
transportation documents or transportation handbooks.
Arriving at pickup point:
Be on time. Leave home in good time so that you will arrive at the
pickup point before the school bus.
If you have to walk along the road to reach the bus stop, walk on the
left side facing oncoming traffic.
Walk on the shoulder of the road where possible, and not on the
traveled portion.
If other students are waiting at the bus stop, get in line without
pushing or crowding and stay off the roadway.
Board the bus:
Line up in single file parallel to the roadway, with younger students in
front, so they can board first.
Wait until the bus comes to a complete stop before attempting to get on
board.
Board the bus quickly but without crowding or pushing.
Never run on the bus, as the steps or floor may be slippery, especially in
wintertime. Place your foot squarely on the step, not on the edge, and
use the handrail.
Be particularly careful if you are carrying books or parcels, as it is
difficult to see the steps and to hold the handrail.
Go directly to your seat and sit straight, well to the back of the seat,
and face the front of the bus.
Conduct on the bus:
The bus will not move until all passengers are seated.
Remain seated throughout the trip, and leave your seat only when the
bus has reached its destination and comes to a complete stop.
Keep your books and parcels on your lap or put them under the seat or
on the luggage rack.
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Keep the aisle clear.
Do not talk to the driver except in case of emergency.
Avoid doing anything that might disturb or interfere with the driver.
Refrain from loud or boisterous talking or yelling.
Never stick hands, arms, head, or feet out of the windows of the bus.
Do not open windows without the driver's permission.
Do not throw anything within the bus or out of a window; you might
injure a pedestrian or force a motorist to make a dangerous maneuver.
Do not touch the emergency door or exit controls or any of the bus
safety equipment.
Do not discard refuse in the bus.
Eat at home or school, but not on the bus.
Obey promptly the directions and instructions of the school bus driver.
Prohibited items:
Tobacco is not allowed in a school bus.
Alcoholic beverages shall not be carried in a school bus.
Insects, reptiles, or other animals shall not be transported in a school
bus. [A.A.C. R17-9-104]
No weapon, explosive device, harmful drug, or chemical shall be
transported in a school bus.
Exit from the bus:
Remain seated until the bus has reached its destination and comes to a
complete stop.
Do not push or crowd when leaving the bus.
Crossing the highway:
If you must cross the road, walk to a point about ten (10) feet in front of
bus but do not cross until you can see that the driver has indicated that
it is safe to do so.
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As you cross the road, look continuously to the right and left. At an
intersection, look in all directions.
Cross at right angles. Never cross the highway diagonally.
Walk briskly across the road, but do not run.
Never cross the road behind the bus.
Accident or other emergency:
In case of an accident or emergency, older students should help the
driver to maintain order and assist younger students.
Stay in the bus unless otherwise directed by the driver.
If you have to leave the bus, stay in a group and obey the driver's
instructions.
Do not expose yourself or others to needless hazard.
Procedures followed upon student misbehavior on school bus:
When a student misbehaves on a bus for the first time, the driver will
explain to the offender the necessity for good behavior.
If, after talks and warning, the rider continues to violate the rules, the
driver will inform the student that the rule violation will be reported to
the administrator. This report will include the use of a written form
that lists the offense and the action taken by the administrator.
Upon receiving the complaint and discussing it with the driver, the
administrator will then call the student to the office and warn the
student that the parents must be notified that the student will be put
off the bus if misbehavior reoccurs.
If poor conduct continues, the driver will again report the incident to
the administrator. After discussion it will be decided whether to take
the bus-riding privilege away from the student, and, if so, for how long.
When a student is not allowed transportation by school bus, the
administrator will inform the parents of the penalty, the reason for it,
and how long the penalty will last. In such cases, the parents become
responsible for seeing that their child gets to and from school safely.
A student who is put off one (1) bus will be refused transportation by all
drivers for the specified period of time.
(This section on student misbehavior could be made available to parents and
students in copy form.)
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BUS SAFETY PROGRAM
SCHOOL BUS INCIDENT REPORT
________________________________________________________________________
Bus No.
Driver's Name
Date
________________________________________________________________________
Type of Incident
________________________________________________________________________
Student's Name
Incident:







Failure to remain seated
Refusing to obey driver
Fighting
Profanity
Lighting matches
Smoking on bus
Throwing objects out of bus
Comments:







Throwing objects on bus
Hanging out of window
Spitting
Disobeying bus monitor
Bothering others (see comment)
Vandalism
Other (see comment)
__________________________________________________________
________________________________________________________________________
________________________________________________________________________
Signature:
____________________________________________________________
Action taken by school:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
____________________________________
Signature of School Official
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EEAEA
BUS DRIVER REQUIREMENTS,
TRAINING,
AND RESPONSIBILITIES
Bus drivers employed by the School or employed by contractors who provide
transportation services to the School shall comply with applicable provisions
of the Commercial Motor Vehicle Safety Act of 1986 and all applicable
requirements of the state of Arizona.
The School will assume the cost of required physical examinations, and the
drivers will assume the cost of obtaining valid commercial driver's licenses as
required by law.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 28-3228
A.A.C. R17-4-508 et seq.
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DRUG AND ALCOHOL TESTING OF
TRANSPORTATION EMPLOYEES
The School is committed to the establishment of a drug and alcohol misuse
prevention program that meets or exceeds all applicable requirements of the
Omnibus Transportation Employee Testing Act of 1991 (Omnibus Act). All
statements in this document will be interpreted so as to conform to the
Department of Transportation rules.
Each employee of the School who is required to have a commercial driver's
license (CDL) for performance of job functions shall be prohibited from:
Reporting for duty or remaining on duty to perform safety-sensitive
functions as defined in 49 CFR 382.107 while having an alcohol
concentration of 0.04 or greater. [49 CFR 382.201]
Being on duty or operating a commercial motor vehicle (school bus)
while the driver possesses alcohol, unless the alcohol is manifested and
transported as part of a shipment. This includes the possession of
medicines containing alcohol (prescription or over-the-counter), unless
the packaging seal is unbroken. [49 CFR 382.204]
Using alcohol while performing safety-sensitive functions.
382.205]
[49 CFR
Performing safety-sensitive functions within eight (8) hours after using
alcohol. [49 CFR 382.207 and R17-9-102]
Using alcohol within eight (8) hours following an accident or prior to
undergoing a postaccident alcohol test, whichever comes first. [49 CFR
382.299]
Refusing to submit to an alcohol or controlled substance test as required
under postaccident, random, reasonable suspicion or follow-up testing
requirements in DOT rules. [49 CFR 382.211]
Reporting for duty or remaining on duty, requiring the performance of
safety-sensitive functions, when the driver uses any controlled
substance, except when the use is pursuant to the instructions of a
physician who has advised the driver that the substance does not
adversely affect the driver's ability to safely operate a commercial motor
vehicle. [49 CFR 382.213]
Reporting for duty, remaining on duty, or performing a safety-sensitive
function if the driver tests positive for controlled substances. [49 CFR
382.215]
A driver will inform the supervising administrator of any therapeutic drug
use. [49 CFR 382.213]
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Drugs as used in this policy refers to controlled substances as
covered by the Omnibus Act and to drugs circumscribed by the
Arizona Revised Statutes, Title 13, Chapter 34.
All drivers shall be subject to preemployment/preduty drug and alcohol
testing, including reasonable suspicion, random, and postaccident testing in
accord with the regulations of the Omnibus Act. If applicable, return to duty
and follow up testing shall be required in accord with regulations of the
Omnibus Act. [49 CFR 382.301 et seq.]
All offers of employment with the School for drivers will be made contingent
upon preemployment test results. An applicant testing positive for alcohol or
controlled substances will not be employed. [49 CFR 382.505]
A transportation employee who refuses to submit to drug and
alcohol testing or whose test results are positive may be disciplined
in accordance with School policy up to and including being
terminated from employment. 15-513]
Each driver who engages in the conduct prohibited herein shall:
Be advised of resources available to the driver in evaluating and
resolving problems associated with drug or alcohol use, including the
names, addresses, and telephone numbers of substance abuse
professionals and counseling and treatment programs.
Be evaluated by a substance abuse professional, who shall determine
what assistance, if any, the employee needs to resolve drug or alcohol
problems.
Before return to duty in a safety-sensitive position, undergo a return-toduty alcohol test with a result indicating less than 0.02 or a substance
test with a verified negative result.
If identified as needing assistance by a substance abuse professional, be
evaluated by a substance abuse professional to determine if that driver
has properly followed any rehabilitation program prescribed, and be
subject to unannounced follow-up tests following return to duty in
accord with federal regulations. [49 CFR 382.605]
The School shall assume the cost for the initial evaluation by a substance
abuse professional to determine what assistance, if any, the employee needs
in resolving problems associated with alcohol misuse and controlled
substances use. Evaluation and rehabilitation of the employee, if the
employee is allowed to return to work in any position, shall be in accordance
with 49 CFR 382.605 and by a substance abuse professional paid by the
employee.
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The School shall assume the costs of the drug and alcohol testing of a
transportation employee. If the results of the test are positive, the
School may charge the costs of the test to the tested employee. The
cost charged to the employee is limited to the actual costs incurred
as a result of testing. If the results of a test are negative, the School
shall not charge the costs of testing to the tested employee. [A.R.S.
15-513]
The Executive Director is responsible for supervision of the School drug and
alcohol misuse prevention program. The Executive Director will develop
procedures for the implementation of the program in compliance with the
applicable provisions and regulations of the Omnibus Transportation
Employee Testing Act of 1991 and Arizona Revised Statutes.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-513
13-3402
49 U.S.C. 31306, (Omnibus Transportation Employee
Testing Act of 1991)
49 C.F.R. Part 40
49 C.F.R. Part 382
49 C.F.R. Part 395
CROSS REF.:
GBEC - Drug-Free Workplace
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EEAEAA-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
DRUG AND ALCOHOL TESTING OF
TRANSPORTATION EMPLOYEES
All information obtained in the course of testing of drivers shall be protected
as confidential medical information. Except as required by law or expressly
authorized or required in 49 CFR 382.405, no information that is to be
maintained pursuant to 49 CFR 382.401 shall be released.
Random:
A minimum of fifty percent (50%) of drivers shall be tested annually for
drugs and twenty-five percent (25%) of drivers shall be tested annually
for alcohol, subject to the Federal Highway Administration's
administrator raising or lowering the annual percentage rate in
accordance with regulations. [49 CFR 382.305] Random testing
selection shall be as follows:
Employees are to be placed in and remain in a pool for random
selection.
A valid random selection procedure will be used.
Tests will be given at least once each quarter.
Dates of testing will not be announced.
Random drug and alcohol testing may be combined. For example, when
testing at fifty percent (50%) drug random rate and twenty-five percent
(25%) alcohol random rate, half of the randomly selected drivers chosen
for testing could be tested for both drugs and alcohol, while the rest
could be tested only for drugs.
Postaccident:
Drivers are required to submit to drug and alcohol testing as soon as
possible following a "Department of Transportation (DOT) accident"
that involves the loss of human life or for which the driver receives a
citation under state or local law for a moving traffic violation arising
from the accident. [49 CFR 382.303]
A DOT accident is defined as an occurrence involving a commercial
motor vehicle operating on a public road that results in:
A fatality; or
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REGULATION
REGULATION
Bodily injury to a person who, as a result of the injury,
immediately receives medical treatment away from the scene of
the accident; or
One (1) or more motor vehicles incurring disabling damage as a
result of the accident, requiring the vehicle to be transported
away from the scene by a tow truck or other vehicle. [49 CFR
390.5]
If a driver is seriously injured and cannot submit to testing at the time
of the accident, the driver shall provide the necessary authorization for
obtaining hospital reports and other documents that may indicate
whether there were any drugs or alcohol used by the driver prior to the
accident. [49 CFR 382.303]
A driver who is subject to postaccident testing shall remain readily
available for such testing or may be deemed by the School to have
refused to submit to testing. Nothing in this section shall be construed
to require the delay of necessary medical treatment or to prohibit the
driver from leaving the scene of an accident for a period necessary to
obtain assistance in responding to the accident, or to obtain necessary
medical care. [49 CFR 382.303]
No driver required to take a postaccident alcohol test shall use alcohol
for eight (8) hours following the accident, or until the driver undergoes
a postaccident alcohol test, whichever occurs first. [49 CFR 382.303]
The following actions are to be taken in a postaccident testing situation:
Treat injuries.
Work with law enforcement officials.
Explain the need for testing.
Obtain the driver's permission for testing, if possible.
Work with the medical facility to obtain the necessary documents
and test information.
Collect specimens promptly.
Document events.
The results of a breath or blood test for the use of alcohol or a urine test for
the use of drugs conducted by federal, state, or local officials having
independent authority for the test shall be considered to meet the
requirements for postaccident testing if the results are obtained by the
School. [49 CFR 382.305]
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REGULATION
EEAEAA-R
REGULATION
Reasonable suspicion:
Reasonable suspicion is defined to mean that the School believes the
behavior, speech, body odor, or appearance of a driver while on duty are
indicative of the use of alcohol and/or controlled substances. The
conduct must be witnessed by a supervisor or School official trained in
the detection of probable alcohol and drug use by observing indicators
in a person's appearance, behavior, speech, and performance, in
accordance with 49 CFR 382.603. If it is at all possible, the witness
should not conduct the alcohol test, in order to prevent the introduction
of bias to the testing procedure.
Alcohol testing is authorized only if the observations are made during,
just before performing, or just after performing a safety-sensitive
function. A written record shall be made of the observations leading to
an alcohol and/or controlled substance test. This record is to be signed
by the supervisor who made the observations.
If a reasonable suspicion alcohol test is not administered within two (2)
hours following the observations, the witness shall prepare and
maintain on file a record stating the reasons the alcohol test was not
administered promptly. In addition, if not administered within eight (8)
hours, all attempts to administer the test shall cease. A record shall be
prepared and maintained stating why the alcohol test was not
administered. [49 CFR 382.307]
Reasonable suspicion
considerations:
testing
should
include
the
following
Focus on safety.
Verify reasonable suspicion if possible.
Observe the employee's appearance, behavior, speech, and
performance.
Inform the employee in private of any suspicion.
Inquire in private about any observations or suspicions.
Review the findings.
Upon concluding that reasonable suspicion exists, transport the
employee to a testing site.
Document events.
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REGULATION
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REGULATION
Return-to-duty testing:
A driver who has been prohibited from performing a safety-sensitive
function after engaging in conduct regarding alcohol misuse or
controlled substance use prohibited by U.S. Department of
Transportation regulations, and before returning to duty, shall undergo
a return-to-duty test, which must indicate a concentration of less then
0.02 for breath alcohol and/or a negative result for controlled
substances. [49 CFR 382.309 and 382.605(C)]
When a driver has been determined to be in need of assistance in
resolving problems associated with alcohol misuse and/or controlled
substance use, the driver will be subject to unannounced follow-up
alcohol and/or controlled substance testing. The driver will be subject
to a minimum of six (6) follow-up tests in the first twelve (12) months.
The follow-up testing period shall not exceed sixty (60) months. Followup testing for alcohol shall be administered only when the driver is
performing, just before performing, or just after performing a safetysensitive function. [49 CFR 382.311 and 382.605(C)]
Referral:
Each driver who engages in conduct prohibited by 49 CFR 382.201 et
seq. shall be evaluated by a substance abuse professional, who shall
determine what assistance, if any, the employee needs in resolving
problems associated with alcohol misuse and controlled substance use.
[49 CFR 382.605]
Driver Training
A copy of materials explaining the requirements of the Omnibus Act and the
School's policies and procedures with respect to meeting such requirements
will be distributed to each driver prior to the start of alcohol and controlled
substance testing and to each driver hired or subsequently transferred into a
driving position. The School shall provide written notice to representatives of
employee organizations of the availability of this information. [49 CFR
382.601]
These materials shall include detailed discussions of at least the following:
The identity of the person designated to answer employee questions
about the materials.
The categories of employees subject to this part.
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Sufficient information about safety-sensitive functions performed by
such drivers to make clear what part of the work day a driver must be
in compliance with the rule.
Specific information concerning driver conduct that is prohibited by the
rule.
The circumstances under which a driver will be tested for alcohol and/or
controlled substances by rule.
The procedures that will be used to test for the presence of alcohol and
controlled substances, to protect the driver and the integrity of the
testing processes, to safeguard the validity of the test results, and to
ensure that the results are attributed to the correct driver.
The requirement that the employee submit to alcohol and controlled
substance tests administered in accord with Omnibus Act regulations.
An explanation of what constitutes a refusal to submit to an alcohol or
controlled substance test and the attendant consequences.
The consequences for drivers found to have violated the rule, including
requirements for removal from duty.
Consequences for a driver having a concentration of 0.02 but less than
0.04 in a breath alcohol test.
Information concerning the effects of alcohol and controlled substance
use on an individual's health, work, and personal life; signs and
symptoms of an alcohol or controlled substance problem (the driver or a
co-worker); and available methods of intervention, including
confrontation and referral. [49 CFR 382.601]
Policies, regulations, and consequences based on the School's independent
authority outside of the Omnibus Act shall be presented and clearly and
obviously described as being based on independent authority [49 CFR
382.601]. All such references shall be placed in bold within the document and
shall contain applicable statutory citations.
Each driver must provide a signed receipt for the materials. [49 CFR
382.401(c)(5)(iii)]. Written notice of the availability of this information shall
be provided to representatives of employee organizations.
[49 CFR
382.601(a)(2)]
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REGULATION
EEAEAA-R
REGULATION
Supervisor Training
Persons designated to determine whether reasonable suspicion exists to
require a driver to undergo reasonable-suspicion testing shall receive at least
sixty (60) minutes of training on alcohol misuse and at least an additional
sixty (60) minutes of training on controlled substance use. The training shall
cover the physical, behavioral, speech, and performance indicators of
probable alcohol misuse and use of controlled substances. [49 CFR 382.603]
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EXHIBIT
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DRUG AND ALCOHOL TESTING OF
TRANSPORTATION EMPLOYEES
RECORDS RETENTION
The School shall maintain records of its alcohol misuse and prevention
program in a secure location with controlled access. The records are to be
kept as indicated below.
How long is the employer required to keep
records? [49 CFR 382.401(c)(1)]
Five years:
Records of alcohol test results showing concentrations of 0.02 or
more.
Records of driver-verified positive controlled substance tests.
Documentation of refusals to take required tests.
Calibration documentation.
Driver evaluation and referrals.
A copy of each annual calendar year summary.
Two years:
Records related to the alcohol and controlled substance collection
process and training.
One year:
Records of negative and canceled drug test results and alcohol test
results with concentrations of less than 0.02.
What types of records must be kept?
Records relating to the collection process,
as follows[49 CFR 302.401(c)(1)]:
Collection logbook, if used.
Documents relating to the random selection process.
Calibration documents for evidential breath testing devices.
Documentation of breath alcohol technician training.
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EXHIBIT
Documents regarding
suspicion tests.
EEAEAA-E
EXHIBIT
decisions
to
administer
reasonable-
Documents regarding decisions of postaccident tests.
Documents verifying existence of a medical explanation of the
inability of a driver to provide an adequate breath or urine
specimen for testing.
Consolidated annual calendar year summaries as required by 49
CFR 382.403.
Records relating to driver's test results [49 CFR 382.401(c)(2)]:
Employer's copy of alcohol test forms, including the results of the
test.
Employer's copy of drug test chain of custody and control form.
Documents sent by the medical review officer (MRO) to the
employer, including those required by 49 CFR 382.407(a).
Documents related to refusal by any driver to submit to a drug or
alcohol test required by the rules.
Documents presented by a driver to dispute the results of an
alcohol or substance abuse test required by the rules.
Records related to other violations.
Records related to evaluations:
Records pertaining to a determination by a substance abuse
professional (SAP) concerning a driver's need for assistance.
Records concerning a driver's compliance with recommendations
of the SAP.
Records relating to education and training:
Materials on alcohol misuse and drug use awareness, including a
copy of the employer's policy on both.
Documentation of compliance with the requirements of 49 CFR
382.601, including the driver's signed receipt for materials.
Documentation of training provided to supervisors for
determining the need for reasonable-suspicion testing for alcohol
misuse or use of controlled substances.
Certification that any training that has been conducted complies
with the requirements for such training.
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EXHIBIT
EEAEAA-E
EXHIBIT
Records relating to drug testing:
Agreements with the collection site facilities, laboratories, medical
review officers, and consortia.
Names and positions of officials and their roles in the employer's
alcohol and controlled substance testing program.
Monthly laboratory statistical summaries of urinalysis required
by 49 CFR 40.29(g)(6).
The employer's drug and alcohol testing policy and procedures.
How must these records be reported?
All records must be kept in prescribed form and be supplied to DOT
when requested. The School will be notified whether to submit the
records. [49 CFR 382.403(b)]
What happens if records are not kept properly?
Penalties can be severe; for example, just an error in paperwork can
mean a fine of up to five hundred dollars ($500) for each violation.
Other violations can be penalized as high as ten thousand dollars
($10,000) per occurrence and loss of federal funding. [49 U.S.C. Section
521(b)]
Where are records to be located?
All records required shall be maintained as required by 49 CFR 390.31
and shall be made available for inspection at the employer's principal
place of business within two (2) business days after a request by an
authorized representative of the Federal Highway Administration. [49
CFR 382.401(d)]
What summary records are required?
The School must prepare by March 15th of each year, and maintain, an
annual calendar year summary of the results of all controlled substance
and alcohol testing performed during the previous calendar year.
Each summary that contains verified positive controlled substance test
results and alcohol screening tests with concentrations of .02 or greater
or any other violations or alcohol misuse must include the following
elements:
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EXHIBIT
EEAEAA-E
EXHIBIT
The number of drivers subject to 49 CFR 382.
The number of drivers subject to testing under the alcohol misuse
or drug use rules of more than one (1) DOT Agency - identified by
each Agency.
The number of urine specimens collected, by type of test (e.g.,
random, reasonable suspicion, etc.).
The number of positives verified by an MRO for type of test and
type of drug.
The number of negative drug tests verified by an MRO, by type of
test.
The number of persons denied a positions as drivers following
preemployment verified positive drug testing and/or alcohol
testing with concentrations of 0.04 or greater.
The number of drivers with MRO-verified positive tests for
multiple controlled substances.
The number of drivers who refused to submit to alcohol or drug
tests required by 49 CFR 382.
The number of supervisors who have received required alcohol
training during the reporting period.
The number of supervisors who have received required controlled
substances training during the reporting period.
The number of screening alcohol tests, by type of test.
The number of confirmation alcohol tests, by type of test.
The number of confirmation alcohol tests with concentrations of
0.02 or greater but less than 0.04, by type of test.
The number of confirmation alcohol tests with concentrations of
0.04 or greater, by type of test.
The number of drivers returned to duty, after complying with a
SAP's recommendation in this reporting period, who had
previously had verified positive drug test results or engaged in
prohibited alcohol misuse.
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EC-2381
© 2012 Arizona School Boards Association
EEAEAA-E
EXHIBIT
EXHIBIT
The number of drivers who were administered drug and alcohol
tests at the same time with both verified positive drug test results
and alcohol test results with concentrations greater than 0.04.
The number of drivers who were found to have violated any
nontesting prohibition of 49 CFR 382.403(b) and any action taken
in response to the violation.
Each employer with an annual calendar year summary that contains
only negative drug test results, alcohol screening test results of less
than 0.02, and no other violations may prepare and submit either a
standard summary form with information as listed above or an "EZ"
report form. The abbreviated "EZ" form requires selected information
from the list above. [49 CFR 382.403]
Who may have access to the records?
The covered employee, to the employee's records, upon written request.
The employer.
The Secretary of Transportation, upon request.
Any DOT agency, upon request.
Any state or local official with regulatory authority over the employee,
upon request.
Any person or employer, upon the employee's written request.
National Transportation Safety Board may review postaccident test
information upon request and as a part of an accident investigation.
[49 CFR 382.405]
Are the records relating to the drug and
alcohol testing program confidential?
Yes; therefore, they are not subject to disclosure under the Inspection of
Public Records, A.R.S. 39-121 et seq., with the possible exception of the
Annual Calendar Year Summary once released to the DOT. [49 CFR
382.405]
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Page 5 of 5
EC-2700
© 2012 Arizona School Boards Association
EEAG
STUDENT TRANSPORTATION
IN PRIVATE VEHICLES
During school or school-sponsored functions, students may be transported
only in school-approved vehicles operated by School-authorized personnel
unless specific approval by the Executive Director has been obtained.
The Governing Body specifically forbids any employee to transport students
for school purposes without prior authorization by the Executive Director.
The Executive Director may develop regulations to govern the use of private
vehicles for transporting students.
Adopted: date of Handbook adoption
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EC-2711
© 2012 Arizona School Boards Association
REGULATION
EEAG-R
REGULATION
STUDENT TRANSPORTATION
IN PRIVATE VEHICLES
The use of a private vehicle for transporting students requires written
permission from the Executive Director.
This permission may be in the form of a standing permit for employees
who use their own vehicles regularly for school purposes. The permit
will state the particular purpose, and whether it includes
transportation of students.
For each special trip involving students, including field trips, a special
permit must be obtained in advance for the specific trip.
Each employee authorized to use a private vehicle for school business
purposes will be required to present proof of insurance to the School.
No student will be sent on school errands with the student's own
vehicle, an employee's vehicle, or a School-owned vehicle.
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EC-3900
© 2012 Arizona School Boards Association
EGAD
COPYRIGHT COMPLIANCE
School equipment and personnel cannot be used for any printing work for a
Parent Group or for professional, charitable, or character-building
organizations. The only exception to this policy is when an individual school
duplicates notices of the parent group meetings directly connected with a
specific activity in the school.
The School does not condone violations of the United States copyright law.
Subject to certain specific exceptions, the owner of a copyright has the
exclusive rights to reproduce, distribute, perform, or display the copyrighted
work, or to authorize such reproduction, distribution, performance, or display
by others.
An exception to the exclusive rights enjoyed by copyright owners is the
doctrine of fair use. The fair use of a copyrighted work for purposes of
teaching, scholarship, or research is not an infringement of copyright. All of
the following factors shall be considered in determining fair use:
The purpose and character of the use, including whether the use is of a
commercial nature or for nonprofit educational purposes.
The nature of the copyrighted work.
The amount and importance of the portion used in relation to the
copyrighted work as a whole.
The effect of the use upon the potential market for or value of the
copyrighted work.
A further exception shall be performance or display of a work by instructors
or students in the course of face-to-face teaching activities in a classroom or
other similar place devoted to instruction.
Adopted: date of Handbook adoption
LEGAL REF.: 17 U.S.C. 101 et seq.
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EC-4500
© 2012 Arizona School Boards Association
EHB
DATA / RECORDS RETENTION
(Records Management)
All required records and any other records that are deemed necessary or
helpful will be prepared in a manner consistent with law. An administrative
records management program approved by the School Governing Body shall
be established and maintained, and copies of retention schedules shall be
submitted to the Department of Library Archives and Public Records.
The Executive Director is the custodian of the official copies of all records,
required or optional, and the Executive Director shall be responsible for
protecting such records. As a part of the records management program, the
Executive Director may assign management responsibilities to other
employees by naming the employee positions and a general description of the
records assigned to their jurisdiction.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-271
15-272
41-1346 et seq.
44-1373
A.A.C. R7-2-803
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EC-4511
EHB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
DATA / RECORDS RETENTION
(Records Management Program)
Records shall be prepared and managed as outlined below.
Business and Financial Records
Management of the following records is the responsibility of the business
manager:
Annual Budget.
Audit reports.
Financial statements.
Bids.
Contracts (except employment).
Deeds.
Leases/lease purchases.
Inventory (history records of general fixed assets).
Records identified in the Uniform System of Financial Records for
Charter Schools.
Other School Records
The current year's records will be kept in the administration office. When
practical to do so, but no later than during the second immediate past year,
all records will be grouped, bundled together, and labeled, with the disposal
date noted on the label. Retention periods noted will refer to the number of
years after the end of the fiscal year in which the records were made or
superseded, as specified in the General Retention Schedules for Schools and
Charter Schools.
All records shall be managed so as to be in compliance with the requirements
of the Records Management Division of the Department of Arizona State
Library, Archives, and Public Records (ASLAPR). Due to the ongoing process
by the ASLAPR to revise existing and add new retention schedules for
Schools and charter schools, the current point-in-time status of records
retention requirements must be confirmed prior to determining disposition of
the subject records by accessing the General Retention Schedule for Schools
on the ASLAPR website at:
http://www.lib.az.us/records/school.aspx
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GC-0200
GBA
© 2012 Arizona School Boards Association
EQUAL EMPLOYMENT OPPORTUNITY
Discrimination against an otherwise qualified individual with a disability or
any individual by reason of race, color, religion, sex, age, or national origin is
prohibited. Efforts will be made in recruitment and employment to ensure
equal opportunity in employment for all qualified persons.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-904
41-1461
41-1463
41-1465
CROSS REF.:
AC - Nondiscrimination
ACA - Sexual Harassment
IHBA - Special Instructional Programs and
Accommodations for Disabled Students
JB - Equal Educational Opportunities
KED - Public Concerns/Complaints about Facilities or
Services
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GC-0211
GBA-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
EQUAL EMPLOYMENT OPPORTUNITY
Compliance Officer
The Executive Director shall be the compliance officer. Any person who feels
unlawfully discriminated against or to have been the victim of unlawful
discrimination by an agent or employee of the School or who knows of such
discrimination against another person should file a complaint with the
Executive Director. If the Executive Director is the one alleged to have
unlawfully discriminated, the complaint shall be filed with the President of
the Governing Body.
Complaint Procedure
The School is committed to investigating each complaint and to taking
appropriate action on all confirmed violations of policy. The Executive
Director shall investigate and document complaints filed as soon as
reasonable. In investigating the complaint, the Executive Director will
maintain confidentiality to the extent reasonably possible.
If after the initial investigation the Executive Director has reason to believe
that a violation of policy has occurred, the Executive Director shall determine
whether or not to hold a hearing.
If the person alleged to have violated policy is a teacher or an administrator,
the due process provisions of the School's Policy GCQF shall apply, except
that the supervising administrator may be assigned to conduct the hearing.
If the person alleged to have violated policy is a student, the Executive
Director may impose discipline in accordance with Policies JK, JKD and JKE.
If the Executive Director's investigation reveals no reasonable cause to
believe policy has been violated, the Executive Director shall so inform the
complaining party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the
complaining party knew or should have known that there were grounds for a
complaint/grievance.
Once the written complaint has been filed using the forms provided by the
School, the Executive Director shall require the immediate supervisor or site
administrator to investigate and respond in writing to the complaining party
within five (5) working days.
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GC-0211
© 2012 Arizona School Boards Association
REGULATION
GBA-R
REGULATION
If the immediate supervisor or site administrator does not respond, the
Executive Director will have ten (10) additional working days to respond in
writing to the complaining party.
If the Executive Director does not respond within the established time, then
the complaining party may request in writing that the issue be brought
before the Governing Body which will then review the record of the
investigation and have thirty (30) days to respond to the complaining party in
writing
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Page 2 of 2
GC-0231
GBA-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
EQUAL EMPLOYMENT OPPORTUNITY
COMPLAINT FORM
(To be filed with the compliance officer as provided in GBA-R)
Please print:
Name ________________________________________ Date ___________________
Address
____________________________________________________________
Telephone __________ Another phone where you can be reached
During the hours of
E-mail address
__________
________________________________________________
______________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity __________________
________________________________________________________________________
________________________________________________________________________
Address
____________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, the background to the incident, and any attempts
you have made to solve the problem. Be sure to note relevant dates, times,
and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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GC-0231
GBA-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
____________________________________
Signature of Complainant
The compliance officer, as designated in GBA-R, shall give one (1) copy to the
complainant and shall retain one (1) copy for the file.
PARADISE SCHOOLS
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Page 2 of 2
GC-0650
GBEA
© 2012 Arizona School Boards Association
STAFF ETHICS
(Statement of Ethics for School Employees)
All employees of the School are expected to maintain high standards in their
school relationships. These standards must be idealistic and at the same
time practical, so that they can apply reasonably to all staff members. The
employees acknowledge that the schools belong to the public they serve for
the purpose of providing educational opportunities to all. However, every
employee assumes responsibility for providing leadership in the school and
community. This responsibility requires the employee to maintain standards
of exemplary conduct. It must be recognized that the employee's actions will
be viewed and appraised by the community, associates, and students. To
these ends, the Governing Body adopts the following statements of standards.
The school employee:
Makes the well-being of students the fundamental value of all decision
making and actions.
Maintains just, courteous, and proper relationships with students,
parents, staff members, and others.
Strives for the maintenance of efficiency
developments in the employee's field of work.
and
knowledge
of
Fulfills job responsibilities with honesty and integrity.
Directs any criticism of other staff members or of any department of the
school toward improving the School. Such constructive criticism is to be
made directly to the school administrator who has the responsibility for
improving the situation.
Supports the principle of due process and protects the civil and human
rights of all individuals.
Obeys local, state, and national laws and does not knowingly join or
support organizations that advocate, directly or indirectly, the
overthrow of the government.
Implements the School Governing Body's policies and administrative
rules and regulations.
Refrains from using school contacts and privileges to promote partisan
politics, sectarian religious views, or selfish propaganda of any kind.
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GC-0650
© 2012 Arizona School Boards Association
GBEA
Pursues appropriate measures to correct any laws, policies, or
regulations that are not consistent with sound educational goals.
Avoids using position for personal gain through political, social,
religious, economic, or other influence.
Maintains the standards and seeks to improve the effectiveness of the
profession through research and continuing professional development.
Stresses the proper use and protection of all school properties,
equipment, and materials.
In the performance of duties, employees shall keep in confidence such
information as they may secure unless disclosure serves School purposes or is
required by law.
Adopted: date of Handbook adoption
LEGAL REF.: A.A.C. R7-2-205
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GC-0750
© 2012 Arizona School Boards Association
GBEB
STAFF CONDUCT
All employees of the School are expected to conduct themselves in a manner
consistent with effective and orderly education and to protect students and
School property. No employee shall, by action or inaction, interfere with or
disrupt any School activity or encourage any such disruption. No employee,
other than one who has obtained authorization from the appropriate school
administrator, shall carry or possess a weapon on school grounds. All
employees shall at all times attempt to maintain order, abide by the policies,
rules, and regulations of the School, and carry out all applicable orders issued
by the Executive Director.
Potential consequences to employees of the School who violate these rules
may include, but are not limited to:
Removal from school grounds.
Both civil and criminal sanctions, which may include, but are not
limited to, criminal proceedings under Title 13, Chapter 29, Arizona
Revised Statutes.
Warning.
Reprimand.
Suspension.
Dismissal.
Having consideration given to any such violations in the determination
of or establishment of any pay or salary in later contracts or
employment, if any.
Reporting Suspected
Crimes or Incidents
Staff members are to report any suspected crime against a person or property
that is a serious offense, involves a deadly weapon or dangerous instrument
or that could pose a threat of death or serious injury to employees, students
or others on school property. All such reports shall be communicated to the
Executive Director who shall be responsible for reporting to local law
enforcement.
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GC-0750
© 2012 Arizona School Boards Association
GBEB
A person who is employed by the School or is an applicant for employment
with the school, who is arrested for or charged with any nonappealable
offense listed in section 41-1758.03, subsection B and who does not
immediately report the arrest or charge to the person's supervisor or
potential employer is guilty of unprofessional conduct and the person shall be
immediately dismissed from employment with the School or immediately
excluded from potential employment with the School. A person dismissed
from employment for failure to report being arrested for or charged with a
nonappealable offense has no right to appeal under the provisions of A.R.S.
15-539, subsection G. Prior to an action to terminate for failure to report, an
employee will be given the opportunity to provide a written explanation of
circumstances or events which they believe mitigate the failure to report.
Use of Physical Force by
Supervisory Personnel
Any administrator, teacher, or other school employee entrusted with the care
and supervision of a minor may use reasonable and appropriate physical
force upon the minor to the extent reasonably necessary and appropriate to
maintain order. Similar physical force will be appropriate in self-defense, in
the defense of other students and school personnel, and to prevent or
terminate the commission of theft or criminal damage to the property of the
School or the property of persons lawfully on the premises of the School.
The threat or use of physical force is not justified as a response to verbal
provocation alone, nor when the degree of physical force used is
disproportionate to the circumstances or exceeds that necessary to avoid
injury to oneself or to others or to preserve property at risk.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-2911
13-3102
13-3111
13-3411
15-507
15-514
41-1758.03
A.A.C. R7-2-205
CROSS REF.:
GCF - Professional Staff Hiring
JIC - Student Conduct
JK - Student Discipline
KFA - Public Conduct on School Property
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GC-0761
GBEB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
STAFF CONDUCT
No employee, while on or using school property, otherwise acting as an agent,
or working in an official capacity for the School shall engage in:
Physical or verbal abuse of, or threat of harm to, anyone.
Causing damage, or threat of damage, to property of the School or
property of a member of the community or a visitor to the school when
the property is located on premises controlled by the School.
Forceful or unauthorized entry to or occupation of School facilities,
including buildings and grounds.
Use, possession, distribution, or sale of alcohol or of drugs or other
illegal substances.
Use of profane or abusive language, symbols, or conduct.
Failure to comply with lawful direction of School officials, security
officers, or any other law-enforcement officer, or failure to identify
oneself to such officials or officers when lawfully requested to do so.
The carrying or possession of a weapon on school grounds without
authorization from the appropriate school administrator.
A violation of School policies and regulations.
Any conduct violating federal, state, or applicable municipal law or
regulation.
Any other conduct that may obstruct, disrupt, or interfere with
teaching, research, service, administrative, or disciplinary functions of
the School, or any other activity sponsored or approved by the
Governing Body.
In addition to the foregoing, all staff members are expected to:
Thoroughly acquaint themselves with the rules, regulations, and other
information applicable to them contained within the policies of the
Governing Body.
Conduct themselves in a manner consistent with effective and orderly
education and to protect the students and the School property.
Maintain order in a manner consistent with School policies and
regulations.
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GC-0761
© 2012 Arizona School Boards Association
REGULATION
GBEB-R
REGULATION
Comply promptly with all orders of the Executive Director and the
administrator who is their immediate supervisor.
Dress and maintain a general appearance that reflects their position
and does not detract from the educational program of the school.
Comply with the requirement of A.R.S. 15-515 by immediately
reporting to the Executive Director or the administrator who is their
immediate supervisor:
A violation of A.R.S. 13-3102 [possession of a deadly weapon on
school grounds].
A violation of A.R.S. 13-3111 [possession of a firearm by a minor
without authorization (in Maricopa and Pima Counties and where
otherwise adopted by local ordinance)].
A violation of A.R.S. 13-3411 [possession, use, or intent to sell
marijuana, peyote, or dangerous or narcotic drugs, or intent to sell
prescription-only drugs in a drug-free school zone (i.e., school
grounds and the area within three hundred [300] feet and public
property within one thousand [1,000] feet of school grounds, the
area at a school bus stop, and a school bus)].
Any administrator receiving a report of a violation of A.R.S. 13-3102, 133111, or 13-3411 shall immediately report such violation to a peace officer in
compliance with A.R.S. 15-515.
Employees of the School who violate these rules are subject to disciplinary
action.
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GC-0781
GBEB-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
STAFF CONDUCT
NOTIFICATION CONCERNING
NONAPPEALABLE OFFENSES
Notice is herein provided, in accordance with A.R.S. 15-550, that any
employee of a public school district or charter school in this state who is
arrested for or charged with one (1) or more of the offenses listed below as
nonappealable offenses precluding that person from receiving a fingerprint
clearance card shall immediately report the arrest or charge to the person's
supervisor or the person shall be immediately dismissed from employment
with the public school or charter school.
A person dismissed from
employment for failure to report being arrested for or charged with a
nonappealable offense has no right to appeal under the provisions of A.R.S.
15-539, subsection G.
1. Sexual abuse of a vulnerable adult.
2. Incest.
3. First or second degree murder.
4. Sexual assault.
5. Sexual exploitation of a minor.
6. Sexual exploitation of a vulnerable adult.
7. Commercial sexual exploitation of a minor.
8. Commercial sexual exploitation of a vulnerable adult.
9. Child prostitution as prescribed in section 13-3212.
10. Child abuse.
11. Abuse of a vulnerable adult.
12. Sexual conduct with a minor.
13. Molestation of a child.
14. Molestation of a vulnerable adult.
15. A dangerous crime against children as defined in section 13-705.
16. Exploitation of minors involving drug offenses.
17. Taking a child for the purpose of prostitution as prescribed in
section 13-3206.
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GC-0781
GBEB-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
18. Neglect or abuse of a vulnerable adult.
19. Sex trafficking.
20. Sexual abuse.
21. Production, publication, sale, possession and presentation of obscene
items as prescribed in section 13-3502.
22. Furnishing harmful items to minors as prescribed in section 13-3506.
23. Furnishing harmful items to minors by internet activity as
prescribed in section 13-3506.01.
24. Obscene or indecent telephone communications to minors for
commercial purposes as prescribed in section 13-3512.
25. Luring a minor for sexual exploitation.
26. Enticement of persons for purposes of prostitution.
27. Procurement by false pretenses of person for purposes of
prostitution.
28. Procuring or placing persons in a house of prostitution.
29. Receiving earnings of a prostitute.
30. Causing one's spouse to become a prostitute.
31. Detention of persons in a house of prostitution for debt.
32. Keeping or residing in a house of prostitution or employment
in prostitution.
33. Pandering.
34. Transporting persons for the purpose of prostitution, polygamy
and concubinage.
35. Portraying adult as a minor as prescribed in section 13-3555.
36. Admitting minors to public displays of sexual conduct as prescribed
in section 13-3558.
37. Unlawful sale or purchase of children.
38. Child bigamy.
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GC-0781
© 2012 Arizona School Boards Association
EXHIBIT
GBEB-E
EXHIBIT
Further, an employee who is convicted of one (1) or more of the above listed
offenses shall immediately:
Surrender any certificates issued by the department of education.
Notify the person's employer or potential employer of the conviction.
Notify the department of public safety of the conviction.
Surrender the person's fingerprint clearance card.
By my signature I acknowledge receipt of a copy of this notification
concerning nonappealable offenses.
___________________________________________
Employee signature
PARADISE SCHOOLS
2/7/13
________________________
Date
Page 3 of 3
GC-0850
© 2012 Arizona School Boards Association
GBEBB
STAFF CONDUCT WITH STUDENTS
Employees are expected to exercise general supervision over the conduct of
students, not only while in the schoolroom, but also before and after school
and during classroom breaks. At all times teachers and other staff members
will accord students the dignity and respect that they deserve, and avoid
embarrassing any student unnecessarily.
Students are expected to regard all school employees as individuals who are
employed to provide direct or indirect contributions to learning. While
students are to have considerable latitude in making choices for themselves,
they shall be required to respect the rights of all school employees and other
students, and interference with those rights will not be tolerated.
Students shall not have the right to interfere with the efforts of instructional
staff members to coordinate or assist in learning, to disseminate information
for purposes of learning, or to otherwise implement a learning program. Nor
shall a student have the right to interfere with the motivation to learn or the
learning activities and efforts of other students. No student shall have the
right to interfere with or disrupt any employee's work activities.
All personnel employed by the School are expected to relate to students of the
School in a manner that maintains social and moral patterns of behavior
consistent with community standards and acceptable professional conduct.
Relationships between staff members and students that include "dating,"
"courtship," or "romantic involvement" are prohibited. These behaviors
deviate from ethical or professional standards and shall be deemed
unacceptable and contrary to the expectations of School governance.
Staff/student relationships shall reflect mutual respect between staff
members and students and shall support the dignity of the entire profession
and educational process.
Violations of the above shall be considered serious and may result in severe
disciplinary action.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-514
CROSS REF.:
JIC - Student Conduct
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GC-0950
© 2012 Arizona School Boards Association
GBEC
DRUG - FREE WORKPLACE
No employee shall violate the law or School policy in the manufacture,
distribution, dispensing, possession, or use, on or in the workplace, of alcohol
or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate,
marijuana, or any other controlled substance, as defined in schedules I
through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and
as further defined by regulation at 1308.11 through 1308.15.
Workplace includes any school building or any school premises and any
school-owned vehicle or any other school-approved vehicle used to transport
staff members or students to and from school or school activities or on school
business. Off school property, the workplace includes any school-sponsored
or school-approved activity, event, or function where students or staff
members are under the jurisdiction of the School. In addition, the workplace
shall include all property owned, leased, or used by the School for any
educational or School business purpose.
Any employee who has been convicted under any criminal drug statute for a
violation occurring in the workplace, as defined above, shall notify the
supervisor within five (5) days thereof that such conviction has occurred.
As a condition of employment, each employee shall abide by the terms of the
School policy respecting a drug-free workplace.
Any employee who violates this policy in any manner is subject to discipline,
which may include, but is not limited to, dismissal.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-2911
13-3401 et seq.
41 U.S.C. 702, Drug-free workplace requirements for Federal
grant recipients.
21 C.F.R. 1308.11 et seq.
34 C.F.R. Part 85
CROSS REF.:
EEAEAA - Drug and Alcohol Testing of Transportation
Employees
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2/7/13
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GC-0981
© 2012 Arizona School Boards Association
EXHIBIT
GBEC-EA
EXHIBIT
DRUG - FREE WORKPLACE
NOTICE TO EMPLOYEES
YOU ARE HEREBY NOTIFIED that it is a violation of Policy GBEC for any
employee to violate the law or School policy in the manufacture, distribution,
dispensing, possession, or use, on or in the workplace, of alcohol or any
narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or
any other controlled substance, as defined in schedules I through V of section
202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined
by regulation at 21 C.F.R. 1300.11 through 1300.15.
Workplace includes any place where work is performed, including a school
building or other school premises; any school-owned vehicle or any other
school-approved vehicle used to transport students to and from school or
school activities; and off school property during any school-sponsored or
school-approved activity, event, or function, such as a field trip or athletic
event, where students are under the jurisdiction of the School. In addition,
the workplace shall include all property owned, leased, or used by the School
for any educational purpose.
YOU ARE FURTHER NOTIFIED that it is a condition of your employment
that you will comply with Policy GBEC, and will notify your supervisor of
your conviction under any criminal drug statute for a violation occurring in
the workplace, not later than five (5) days after such conviction.
Any employee who violates the terms of the School's drug-free workplace
policy in any manner is subject to discipline, which may include, but is not
limited to, dismissal and/or referral for prosecution.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I have been provided with two (2) copies of this Notice to Employees for my
review and signature. I understand that a signed copy will be placed in my
personnel file.
__________________________________________
Signature
PARADISE SCHOOLS
2/7/13
________________________
Date
Page 1 of 1
GC-0982
© 2012 Arizona School Boards Association
EXHIBIT
GBEC-EB
EXHIBIT
DRUG - FREE WORKPLACE
In order to comply with federal funding requirements, the School shall:
Gather information relative to availability of local community drug and
alcohol counseling, rehabilitation, and reentry programs that are
available to employees and make such information available to
employees.
Provide each employee a copy of standards of conduct and the
statement of disciplinary sanctions that apply to alcohol and drug
violations. Use exhibit GBEC-EA to notify employees that compliance
with such standards is mandatory.
The School should perform a biennial review of the programs to:
Ensure that disciplinary sanctions for employees are consistently
enforced.
Determine program effectiveness and implement change to the program
if needed.
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GC-1100
© 2012 Arizona School Boards Association
GBED
SMOKING BY STAFF MEMBERS
The possession or use of tobacco products is prohibited in the following
locations:
School grounds.
School buildings.
School parking lots.
School playing fields.
School buses and other School vehicles.
Off-campus school-sponsored events.
Under the provisions of A.R.S. 36-798.03, a person who violates the
prohibition is guilty of committing a petty offense.
The prohibitions do not apply to an adult when possession or use of the
tobacco products are for demonstration purposes as a necessary instructional
component of a tobacco prevention or cessation program that is:
Approved by the School.
Established in accord with Arizona Revised Statute 15-712.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-3622
15-712
36-798.03
20 U.S.C. 6083
CROSS REF.:
JICG - Tobacco Use by Students
KFAA - Smoking on School Premises at Public Functions
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GC-1200
© 2012 Arizona School Boards Association
GBEF
STAFF USE OF DIGITAL
COMMUNICATIONS
AND ELECTRONIC DEVICES
Social media is the use of web-based and mobile technologies to communicate
through interactive dialogue. Social media technologies include but are not
limited, to blogs, picture-sharing, vlogs, wall-postings, e-mail, instant
messaging, music-sharing, crowdsourcing, voice over IP (VoIP), Facebook,
LinkedIn, My Space, Twitter, You Tube, and any successor protocol to
transmit information. Mobile technologies are any devices that: transmit
sounds, images, texts, messages, videos, or electronic information;
electronically records, plays, or stores information; or accesses the Internet,
or private communication or information networks. Current examples are
Smartphones such as BlackBerry, Android, iPhone, and other such mobile
technologies and subsequent generations of these and related devices.
The Governing Body recognizes how web-based and mobile technologies are
fundamentally changing opportunities to communicate with individuals or
groups and how their use can empower the user and enhance discourse. The
Governing Body equally recognizes that the misuse of such technologies can
be potentially damaging to the School, employees, students and the
community. Accordingly, the Governing Body requires all employees to
adhere to adopted policies and to utilize digital communications and
electronic devices in a professional manner at all times.
The Governing Body establishes the following parameters:
School employees
shall adhere to all Governing Body policies related to technologies
including but not limited to the use of School technology, copyright
laws, student rights, parent rights, the Family Educational Rights and
Privacy Act (FERPA), staff ethics, and staff-student relations;
are responsible for the content of their posting on any form of
technology through any form of communication;
shall only use School controlled and approved technologies when
communicating with students or parents;
shall ensure that technologies used to communicate with students and
School staff are maintained separate from personal technologies used to
communicate with others;
shall not use School owned or provided technologies to endorse or
promote a product, a cause or a political position or candidate;
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GC-1200
© 2012 Arizona School Boards Association
GBEF
in all instances must be aware of his/her association with the School
and ensure the related content of any posting is consistent with how
they wish to present themselves to colleagues, community members,
parents and students;
shall not use School logos or School intellectual property without the
written approval of the Executive Director;
shall use technologies to enhance and add value to communications
with all recipients and be respectful of those with whom they
communicate;
shall immediately report all misuse or suspected misuse of technology
to their direct supervisor/administrator who in turn will immediately
report to the Executive Director.
shall comply with all applicable records management parameters
established by Arizona State Library, Archives and Public Records.
The Executive Director shall communicate the above to all employees of the
School at the beginning of each school year and to newly hired employees as
part of the hiring process.
The Executive Director shall establish which technologies are approved for
use by employees to communicate with parents and students. Approved
technologies shall be communicated to the Governing Body and employees
prior to the start of every school year, to newly elected Governing Body
members prior to taking office, and to newly hired employees as part of the
hiring process.
The Executive Director shall determine which records retention and
management guidelines as established by the Arizona State Library,
Archives and Public Records are applicable to this Governing Body policy and
communicate these guidelines to the Governing Body and employees prior to
the start of every school year, to newly elected Governing Body members
prior to taking office, and newly hired employees as part of the hiring
process.
Violations of this policy may result in disciplinary action up to and including
termination and may constitute a violation of federal or state law in which
case appropriate law enforcement shall be notified. The Executive Director
shall report violations of this policy to the Governing Body and shall make
reports to the appropriate law enforcement agency when determined
necessary.
Adopted: Date of Handbook adoption
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GC-1200
© 2012 Arizona School Boards Association
GBEF
LEGAL REF.: A.R.S. 15-341
15-514
CROSS REF.:
GBEA - Staff Ethics
GBEB - Staff Conduct
GBEBB - Staff Conduct With Students
GCQF - Discipline, Suspension, and Dismissal of
Professional Staff Members
JIC - Student Conduct
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GC-1300
© 2012 Arizona School Boards Association
GBGB
STAFF PERSONAL SECURITY
AND SAFETY
Threats
The Executive Director shall establish procedures that provide for the
protection of any employee who is threatened with harm by an individual or a
group while carrying out assigned duties.
Any employee who is threatened with harm by an individual or a group while
carrying out assigned duties shall immediately notify the building
administrator or supervisor. The administrator or supervisor shall then
immediately notify the Executive Director's office of the threat and together
they shall take immediate steps in cooperation with the employee to provide
every reasonable precaution for the employee's safety. Precautionary steps,
including any advisable legal action, shall be reported to the Executive
Director's office at the earliest possible time.
Eye Protective Devices
The Executive Director shall establish procedures for every student, teacher,
and visitor in public schools that shall require the wearing of appropriate eye
protective ware while participating in or when observing vocational,
technical, industrial arts, art, or laboratory science activities.
The schools shall be equipped with eye protective ware.
Schools may receive and expend federal, state, and local monies to provide
eye protective devices.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-1203
13-1204
13-2911
15-151
15-507
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GC-1311
© 2012 Arizona School Boards Association
REGULATION
GBGB-R
REGULATION
STAFF PERSONAL SECURITY
AND SAFETY
Eye Protective Devices
Every student, teacher, and visitor in public schools shall wear appropriate
eye protective ware while participating in or when observing vocational,
technical, industrial arts, art, or laboratory science activities involving
exposure to:
Molten metals or other molten materials.
Cutting, shaping, and grinding of materials.
Heat treatment, tempering, or kiln firing of any metal or other
materials.
Welding fabrication processes.
Explosive materials.
Caustic solutions.
Radiation materials.
The Governing Body shall equip the schools with eye protective ware.
Schools may receive and expend federal, state, and local monies to provide
eye protective devices.
For purposes of this procedure, eye protective ware means devices meeting the
standards of the U.S.A. Standard Safety Code for head, eye, and respiratory
protection, Z21-1959, and subsequent revisions thereof, approved by the
United States of America Standards Institute, Inc.
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GC-1350
© 2012 Arizona School Boards Association
GBGC
EMPLOYEE ASSISTANCE
Employees may be required by the Executive Director, for purposes of
employment or retention, to submit to such tests or examinations as a
licensed physician deems appropriate.
When, in the opinion of the immediate supervisor and/or the Executive
Director, the employee's physical or emotional condition warrants, the School
may require a complete examination, at School expense, by a licensed
physician selected by the School.
The Executive Director shall have procedures for complying with the
requirements of the Occupational Safety and Health Administration (OSHA),
including an exposure-control plan, methods of compliance, work-practice
controls, postexposure evaluation and follow-up, and administering vaccine to
employees exposed to Hepatitis B virus.
All employees who as a result of their employment have had significant
exposure to bloodborne pathogens (Hepatitis B/Human Immunodeficiency
Virus) are required to report the details of the exposure in writing to the
School and are required to follow postexposure evaluation and follow-up
activities in accordance with Arizona and federal laws. An employee who
chooses not to complete these reporting requirements will be at risk of losing
any claim to rights.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 23-902
23-906
23-908
23-961
23-962
CROSS REF.:
EBBB - Accident Reports
GBGD - Workers' Compensation
PARADISE SCHOOLS
2/7/13
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GC-1381
© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
EMPLOYEE ASSISTANCE
BLOODBORNE PATHOGEN REQUIREMENTS
Exposure Control Plan
Employee(s) with occupational exposure to human blood, human blood
components, products made from human blood, or pathogenic
microorganisms, including but not limited to Hepatitis B virus or HIV, shall
comply with this Exposure Control Plan designed to eliminate or minimize
employee exposure.
This Exposure Control Plan contains the following elements:
The exposure determination outlined below.
The schedule and method of implementation.
The procedure for the evaluation of circumstances surrounding
exposure.
A copy of this Exposure Control Plan shall be accessible to employees.
This Exposure Control Plan shall be reviewed and updated at least annually
and whenever necessary to reflect new or modified tasks and procedures that
affect occupational exposure, and to reflect new or revised employee positions
with occupational exposure.
This Exposure Control Plan shall be made available to the Assistant
Secretary of Labor and the Director of the Occupational Safety and Health
Administration upon request for examination and copying.
Exposure Determination
The following employee positions may involve such exposure as a collateral
function to their primary job description:
Certificated teachers and administrators
Support staff instructional personnel
Maintenance personnel
Office personnel
Food service personnel
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GC-1381
© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
Methods of Compliance
General. Universal precautions shall be observed by all School employees to
prevent contact with blood or other potentially infectious materials. Under
circumstances in which differentiation between body fluid types is difficult or
impossible, all body fluids shall be considered potentially infectious
materials.
Engineering and work practice controls:
Engineering and work practice controls shall be used to eliminate or
minimize employee exposure. If occupational exposure remains after
institution of these controls, personal protective equipment shall also be
used.
Engineering controls shall be examined and maintained or replaced on
a regular schedule to ensure their effectiveness.
The School shall provide hand-washing facilities that are readily
accessible to employees.
When provision of hand-washing facilities is not feasible, the School
shall provide either an appropriate antiseptic hand cleanser in
conjunction with clean cloth/paper towels or antiseptic towelettes.
When antiseptic hand cleansers or towelettes are used, hands shall be
washed with soap and running water as soon as feasible.
The School requires that employees wash their hands immediately or as
soon as feasible after removal of gloves or other personal protective
equipment. Supervisory personnel shall ensure compliance.
The School requires that employees wash hands and any other skin
with soap and water, or flush mucous membranes with water
immediately or as soon as feasible following contact of such body areas
with blood or other potentially infectious materials. Supervisory
personnel shall ensure compliance.
Contaminated needles and other contaminated sharps shall not be bent,
recapped, or removed except as noted below. Shearing or breaking of
contaminated needles is prohibited.
Contaminated needles and other contaminated sharps shall not be
recapped or removed unless no other alternative is feasible or
such action is required by a specific medical procedure as
determined by a competent medical professional qualified to make
such determination.
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GC-1381
GBGC-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
Such recapping or needle removal must be accomplished through
the use of a mechanical device or a one-handed technique.
Immediately or as soon as possible after use, contaminated reusable
sharps shall be placed in appropriate containers until properly
reprocessed. These containers shall be:
Puncture resistant.
Labeled or color coded in accordance with this standard.
Leakproof on the sides and bottom.
In accordance with legal requirements for reusable sharps.
Eating, drinking, smoking, applying cosmetics or lip balm, and handling
contact lenses are prohibited in work areas where there is a reasonable
likelihood of occupational exposure.
Food and drink shall not be kept in refrigerators, freezers, shelves, or
cabinets, or on countertops or benchtops where blood or other
potentially infectious materials are present.
All procedures involving blood or other potentially infectious materials
shall be performed in such a manner as to minimize splashing,
spraying, spattering, and generation of droplets of these substances.
Mouth pipetting/suctioning of blood or other potentially infectious
materials is prohibited.
Specimens of blood or other potentially infectious materials shall be
placed in a container that prevents leakage during collection, handling,
processing, storage, transport, or shipping.
The container for storage, transport, or shipping shall be labeled
or color coded according to law and closed prior to being stored,
transported, or shipped. When a facility utilizes "universal
precautions" in the handling of all specimens, the labeling/color
coding of specimens is not necessary, provided containers are
recognizable as containing specimens. This exemption applies
only while such specimens/containers remain with the facility.
Labeling or color coding is required when such specimens/
containers leave the facility.
If outside contamination of the primary container occurs, the
primary container shall be placed within a second container that
prevents leakage during handling, processing, storage, transport,
or shipping and is labeled or color coded according to the
requirements of this standard.
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GC-1381
© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
If the specimen could puncture the primary container, the
primary container shall be placed within a secondary container
that is puncture resistant in addition to the above characteristics.
Equipment that may become contaminated with blood or other
potentially infectious materials shall be examined prior to servicing or
shipping and shall be decontaminated as necessary, unless the
decontamination of such equipment or portions of such equipment is not
feasible as determined by a supervisory employee assigned to make
such determination.
A readily observable label in accordance with law shall be
attached to the equipment stating which portions remain
contaminated.
This information shall be conveyed to all affected employees, the
servicing representative, and/or the manufacturer, as appropriate,
prior to handling, servicing, or shipping so that appropriate
precautions will be taken.
Personal protective equipment:
Provision.
When occupational exposure occurs, the School shall
provide, at no cost to the employee, appropriate personal protective
equipment such as, but not limited to, gloves, gowns, laboratory coats,
face shields or masks and eye protection, and mouthpieces,
resuscitation bags, pocket masks, or other ventilation devices. Personal
protective equipment will be considered "appropriate" only if it does not
permit blood or other potentially infectious materials to pass through to
or reach the employee's work clothes, street clothes, undergarments,
skin, eyes, mouth, or other mucous membranes under normal conditions
of use and for the duration of time that the protective equipment will be
used.
Use. The School requires that all exposed employees use appropriate
personal protective equipment unless the School documents that a
specific employee temporarily and briefly declined to use personal
protective equipment when, under rare and extraordinary
circumstances, it was such employee's professional judgment that in the
specific instance its use would have prevented the delivery of health
care or public safety services or would have posed an increased hazard
to the safety of the worker or co-worker. When the employee makes
this judgment, the circumstances shall be reported by the employee and
investigated and documented by the School in order to determine
whether changes can be instituted to prevent such occurrences in the
future.
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GC-1381
GBGC-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
Accessibility.
Appropriate personal protective equipment in the
appropriate sizes must be readily accessible at the work site or issued to
employees. Hypoallergenic gloves, glove liners, powderless gloves, or
other similar alternatives shall be readily accessible to employees who
are allergic to the gloves normally provided.
Cleaning, laundering, and disposal. The School shall clean, launder,
and dispose of personal protective equipment required in this standard,
at no cost to the employee.
Repair and replacement. The School shall repair or replace personal
protective equipment as needed to maintain its effectiveness, at no cost
to the employee.
Any garment(s) penetrated by blood or other potentially infectious
materials shall be removed immediately or as soon as feasible.
All personal protective equipment shall be removed prior to leaving the
work area.
When personal protective equipment is removed it shall be placed in an
appropriately designated area or container for storage, washing,
decontamination, or disposal.
Gloves. Gloves shall be worn when it can be reasonably anticipated
that the employee may have hand contact with blood, other potentially
infectious materials, mucous membranes, and nonintact skin; when
performing vascular access procedures; and when handling or touching
contaminated items or surfaces.
Disposable (single-use) gloves, such as surgical or examination
gloves, shall be replaced as soon as practical when contaminated
or as soon as feasible if they are torn, punctured, or their ability to
function as a barrier is compromised.
Disposable (single-use) gloves
decontaminated for reuse.
shall
not
be
washed
or
Utility gloves may be decontaminated for reuse if the integrity of
the gloves is not compromised. However, they must be discarded
if they are cracked, peeling, torn, punctured, or exhibit other signs
of deterioration or when their ability to function as a barrier is
compromised.
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© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
Housekeeping:
General. The work site must be maintained in a clean and sanitary
condition. The School shall establish, attach hereto, and implement an
appropriate written schedule for cleaning and the method of
decontamination based upon the location within the facility, type of
surface to be cleaned, type of soil present, and tasks or procedures being
performed in the area.
All school activity areas are cleaned daily.
In cleaning operations involving human blood, a cleaning solution
consisting of ten to one (10:1) ratio of water and bleach will be used.
All equipment and environmental and working surfaces shall be
cleaned and decontaminated after contact with blood or other
potentially infectious materials.
Contaminated work surfaces shall be decontaminated with an
appropriate disinfectant after completion of procedures,
immediately or as soon as feasible when surfaces are overtly
contaminated or after any spill of blood or other potentially
infectious materials, and at the end of the work shift if the surface
may have become contaminated since the last cleaning.
Protective coverings - such as plastic wrap, aluminum foil, or
imperviously backed absorbent paper used to cover equipment
and environmental surfaces - shall be removed and replaced as
soon as feasible when they become overtly contaminated or at the
end of the work shift if they may have become contaminated
during the shift.
All bins, pails, cans, and similar receptacles intended for reuse
that have a reasonable likelihood of becoming contaminated with
blood or other potentially infectious materials shall be inspected
and decontaminated on a regularly scheduled basis and cleaned
and decontaminated immediately or as soon as feasible upon
visible contamination.
Broken glassware that may be contaminated shall not be picked
up directly with the hands. It shall be cleaned up using
mechanical means such as a brush and dust pan, tongs, or forceps.
Reusable sharps that are contaminated with blood or other
potentially infectious materials shall not be stored or processed in
a manner that requires employees to reach by hand into the
containers where these sharps have been placed.
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GC-1381
© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
Regulated waste:
Contaminated sharps discarding and containment:
Contaminated sharps shall be discarded immediately or as
soon as feasible in containers that are:
Closable.
Puncture resistant.
Leakproof on sides and bottom.
Labeled or color coded.
During use, containers for contaminated sharps shall be:
Easily accessible to personnel and located as close as
is feasible to the immediate area where sharps are
used or can be reasonably anticipated to be found
(e.g., laundries).
Maintained upright throughout use.
Replaced routinely and not be allowed to overfill.
When moving containers of contaminated sharps from the
area of use, the containers shall be:
Closed immediately prior to removal or replacement
to prevent spillage or protrusion of contents during
handling, storage, transport, or shipping.
Placed in a secondary container if leakage is
possible. The second container shall be:
Closable.
Constructed to contain all contents and
prevent leakage during handling, storage,
transport, or shipping.
Labeled or color coded.
Reusable containers shall not be opened, emptied, or
cleaned manually or in any other manner that would
expose employees to the risk of percutaneous injury.
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GC-1381
© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
Other regulated waste containment:
Regulated waste shall be placed in containers that are:
Closable.
Constructed to contain all contents and prevent
leakage of fluids during handling, storage,
transport, or shipping.
Labeled or color coded.
Closed prior to removal to prevent spillage or
protrusion of contents during handling, storage,
transport, or shipping.
If outside contamination of the regulated waste container
occurs, it shall be placed in a second container. The second
container shall be:
Closable.
Constructed to contain all contents and prevent
leakage of fluids during handling, storage,
transport, or shipping.
Labeled or color coded.
Closed prior to removal to prevent spillage or
protrusion of contents during handling, storage,
transport, or shipping.
Disposal of all regulated waste shall be in accordance with
applicable regulations of the United States, states, territories, and
political subdivisions of states and territories.
Laundry:
Contaminated laundry shall be handled as little as possible, with
a minimum of agitation.
Contaminated laundry shall be bagged or containerized at
the location where it was used and shall not be sorted or
rinsed in the location of use.
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GC-1381
© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
Contaminated laundry shall be placed and transported in
bags or containers labeled or color coded. When a facility
utilizes universal precautions in the handling of all soiled
laundry, alternative labeling or color coding is sufficient if
it permits all employees to recognize the containers as
requiring compliance with universal precautions.
Whenever contaminated laundry is wet and presents a
reasonable likelihood of soak-through of or leakage from the
bag or container, the laundry shall be placed and
transported in bags or containers that prevent soakingthrough and/or leakage of fluids to the exterior.
Employees who have contact with contaminated laundry must
wear protective gloves and other appropriate personal protective
equipment.
When a facility ships contaminated laundry off-site to a second
facility, which does not utilize universal precautions in the
handling of all laundry, the facility generating the contaminated
laundry must place such laundry in bags or containers that are
labeled or color-coded.
Hepatitis B Vaccination and Postexposure
Evaluation and Follow-up
General:
The School shall make available the hepatitis B vaccine and
vaccination series to all employees who have occupational
exposure, and postexposure evaluation and follow-up to all
employees who have had an exposure incident.
The School requires that all medical evaluations and procedures,
including the hepatitis B vaccine, and vaccination series and
postexposure evaluation and follow-up, including prophylaxis, are:
Made available at no cost to the employee.
Made available to the employee at a reasonable time and place.
Performed by or under the supervision of a licensed physician or
by or under the supervision of another licensed health care
professional.
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GC-1381
© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
Provided according to recommendations of the U.S. Public Health
Service current at the time these evaluations and procedures take
place, except as specified in this section on hepatitis B vaccination
and postexposure evaluation and follow-up.
The School requires that all laboratory tests be conducted by an
accredited laboratory at no cost to the employee.
Hepatitis B vaccination:
Hepatitis B vaccination shall be made available after the employee has
received the training required and within ten (10) working days of
initial assignment to all employees who have occupational exposure
unless the employee has previously received the complete hepatitis B
vaccination series, antibody testing has revealed that the employee is
immune, or the vaccine is contraindicated for medical reasons.
The School shall not make participation in a prescreening program a
prerequisite for receiving hepatitis B vaccination.
If the employee initially declines hepatitis B vaccination but at a later
date while still covered under the standard decides to accept the
vaccination, the School shall make available hepatitis B vaccination at
that time.
The School requires all employees who decline to accept hepatitis B
vaccination that is offered to sign the following statement:
I understand that due to my occupational exposure to blood or
other potentially infectious materials I may be at risk of
acquiring hepatitis B virus (HBV) infection. I have been given
the opportunity to be vaccinated with hepatitis B vaccine, at no
charge to myself. However, I decline hepatitis B vaccination at
this time. I understand that by declining this vaccine, I
continue to be at risk of acquiring hepatitis B, a serious disease.
If in the future I continue to have occupational exposure to blood
or other potentially infectious materials and I want to be
vaccinated with hepatitis B vaccine, I can receive the
vaccination series at no charge to me.
If a routine booster dose(s) of hepatitis B vaccine is recommended by the
U.S. Public Health Service at a future date, such booster dose(s) shall
be made available.
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GC-1381
© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
Postexposure evaluation and follow-up. Following a report of an
exposure incident, the School shall make immediately available to the
exposed employee a confidential medical evaluation and follow-up, including
at least the following elements:
Documentation of the route(s) of exposure, and the circumstances under
which the exposure incident occurred.
Identification and documentation of the source individual, unless the
School can establish that identification is infeasible or prohibited by
state or local law.
The source individual's blood shall be tested as soon as feasible,
and after consent is obtained, in order to determine HBV and HIV
infectivity. If consent is not obtained, the School shall establish
that legally required consent cannot be obtained. When the
source individual's consent is not required by law, the source
individual's blood, if available, shall be tested and the result
documented.
When the source individual is already known to be infected with
HBV or HIV, testing for the source individual's known HBV or
HIV status need not be repeated.
Results of the source individual's testing shall be made available
to the exposed employee, and the employee shall be informed of
applicable laws and regulations concerning disclosure of the
identity and infectious status of the source individual.
Collection and testing of blood for HBV and HIV serological status:
The exposed employee's blood shall be collected as soon as feasible
and tested after consent is obtained.
If the employee consents to base-line blood collection, but does not
give consent at that time for HIV serologic testing, the sample
shall be preserved for at least ninety (90) days. If within ninety
(90) days of the exposure incident the employee elects to have the
base-line sample tested, such testing shall be done as soon as
feasible.
Postexposure prophylaxis, when medically indicated, as recommended
by the U.S. Public Health Service.
Counseling.
Evaluation of reported illnesses.
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GC-1381
© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
Information provided to the health care professional:
The health care professional responsible for the employee's hepatitis B
vaccination shall be provided a copy of this document.
The health care professional evaluating an employee after an exposure
incident shall be provided the following information:
A copy of this document.
A description of the exposed employee's duties as they relate to
the exposure incident.
Documentation of the route(s) of exposure and circumstances
under which exposure occurred.
Results of the source individual's blood testing, if available.
All medical records relevant to the appropriate treatment of the
employee, including vaccination status, that are the School's
responsibility to maintain.
Health care professional's written opinion. The School shall obtain and
provide the employee with a copy of the evaluating health care professional's
written opinion within fifteen (15) days of the completion of the evaluation.
The health care professional's written opinion for hepatitis B
vaccination shall be limited to whether hepatitis B vaccination is
indicated for an employee and whether the employee has received such
vaccination.
The health care professional's written opinion for postexposure
evaluation and follow-up shall be limited to the following information:
That the employee has been informed of the results of the
evaluation.
That the employee has been told about any medical conditions
resulting from exposure to blood or other potentially infectious
materials that require further evaluation or treatment.
All other findings or diagnoses shall remain confidential and shall not
be included in the written report.
Medical record keeping. Medical records required by this standard shall
be maintained.
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GC-1381
© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
Communication of Hazards
to Employees
Labels:
Warning labels shall be affixed to containers of regulated waste,
refrigerators and freezers containing blood or other potentially
infectious material, and other containers used to store, transport, or
ship blood or other potentially infectious materials, except as provided
in law.
These labels shall contain the "biohazard" label.
These labels shall be fluorescent orange or orange-red or predominantly
so, with lettering or symbols in a contrasting color.
Labels are required to be affixed as close as feasible to the container by
string, wire, adhesive, or other method that prevents their loss or
unintentional removal.
Red bags or red containers may be substituted for labels.
Containers of blood, blood components, or blood products that are
labeled as to their contents and have been released for transfusion or
other clinical use are exempted from the labeling requirements of this
section on communication of hazards to employees.
Individual containers of blood or other potentially infectious materials
that are placed in a labeled container during storage, transport,
shipment, or disposal are exempted from the labeling requirements.
Labels required for contaminated equipment shall be in accordance
with this section and shall also state which portions of the equipment
remain contaminated.
Regulated waste that has been decontaminated need not be labeled or
color coded.
Information and training:
All employees with occupational exposure shall participate in a training
program, which must be provided at no cost to the employees and
during working hours.
Training shall be provided as follows:
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GC-1381
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EXHIBIT
GBGC-E
EXHIBIT
At the time of initial assignment to tasks where occupational
exposure may take place.
Within ninety (90) days after the effective date of the standard.
At least annually thereafter.
For employees who have received training on bloodborne pathogens in
the year preceding the effective date of the standard, only training with
respect to the provisions of the standard that were not included need be
provided.
Annual training for all employees shall be provided within one (1) year
of their previous training.
The School shall provide additional training when changes such as
modification of tasks or procedures or institution of new tasks or
procedures affects the employee's occupational exposure.
The
additional training may be limited to addressing the new exposures
created.
Material appropriate in content and vocabulary to educational level,
literacy, and language of employees shall be used.
The training program shall contain at a minimum the following
elements:
An accessible copy of the regulatory text of this standard and an
explanation of its contents.
A general explanation of the epidemiology and symptoms of
bloodborne diseases.
An explanation of the modes of transmission of bloodborne
pathogens.
An explanation of the School's Exposure Control Plan and the
means by which the employee can obtain a copy of the written
plan.
An explanation of the appropriate methods for recognizing tasks
and other activities that may involve exposure to blood and other
potentially infectious materials.
An explanation of the use and limitations of methods that will
prevent or reduce exposure, including appropriate engineering
controls, work practices, and personal protective equipment.
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GC-1381
GBGC-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
Information on the types, proper use, location, removal, handling,
decontamination, and disposal of personal protective equipment.
An explanation of the basis for selection of personal protective
equipment.
Information on the hepatitis B vaccine, including information on
its efficacy, safety, method of administration, the benefits of being
vaccinated, and that the vaccine and vaccination will be offered
free of charge.
Information on the appropriate actions to take and persons to
contact in an emergency involving blood or other potentially
infectious materials.
An explanation of the procedure to follow if an exposure incident
occurs, including the method of reporting the incident and the
medical follow-up that will be made available.
Information on the postexposure evaluation and follow-up that
the School is required to provide for the employee following an
exposure incident.
An explanation of the labels and/or color coding required.
An opportunity for interactive questions and answers with the
person conducting the training session.
The person conducting the training shall be knowledgeable in the
subject matter covered by the elements contained in the training
program as it relates to the workplace that the training will address.
Record Keeping
Medical records:
The School shall establish and maintain an accurate record for each
employee with occupational exposure as defined herein.
This record shall include:
The name and Social Security number of the employee.
A copy of the employee's hepatitis B vaccination status, including
the dates of all hepatitis B vaccinations and any medical records
relative to the employee's ability to receive vaccination.
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GC-1381
© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
A copy of all results of examinations, medical testing, and followup procedures.
The School's copy of the health care professional's written opinion.
A copy of the information provided to the health care professional.
Confidentiality. The School shall ensure that employee medical records
required by law are:
Kept confidential.
Not disclosed or reported, without the employee's express written
consent, to any person within or outside the workplace, except as
required by law.
The School shall maintain the records required by law for at least the
duration of employment plus thirty (30) years.
Training records:
Training records shall include the following information:
The dates of the training sessions.
The contents or a summary of the training sessions.
The names and qualifications of persons conducting the training.
The names and job titles of all persons attending the training
sessions.
Training records shall be maintained for three (3) years from the date
on which the training occurred.
Availability:
The School shall ensure that all records required to be maintained shall
be made available, upon request, to the Assistant Secretary of Labor
and the Director of the Occupational Safety and Health Administration
for examination and copying.
Employee training records required by law shall be provided upon
request for examination and copying to employees, to employee
representatives, to the Director of the Occupational Safety and Health
Administration, and to the Assistant Secretary of Labor.
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GC-1381
© 2012 Arizona School Boards Association
EXHIBIT
GBGC-E
EXHIBIT
Employee medical records required by law shall be provided upon
request, for examination and copying, to the subject employee, to
anyone having written consent of the subject employee, to the Director
of the Occupational Safety and Health Administration, and to the
Assistant Secretary of Labor.
Transfer of records:
The School shall comply with the legal requirements involving transfer
of records.
If the School ceases to do business and there is no successor school to
receive and retain the records for the prescribed period, the School shall
notify the Director of the Occupational Safety and Health
Administration, at least three (3) months prior to their disposal, and
transmit them to the Director of the Occupational Safety and Health
Administration, if required by the Director of the Occupational Safety
and Health Administration to do so, within that three (3) month period.
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GC-1400
© 2012 Arizona School Boards Association
GBGCA
WELLNESS PROGRAMS
Measles (Rubeola)
It shall be a condition of employment that, unless exempted, all employees,
including substitutes, shall present proof of immunity to rubeola (measles)
prior to reporting for work.
Evidence of immunity to measles shall consist of:
A record of immunization against measles with a live virus vaccine
given on or after the first birthday; or
A statement, signed by a licensed physician or a state or local health
officer, that affirms serologic evidence of having had measles.
Anyone born prior to January 1, 1957 shall be considered to be immune
to measles. (Rubeola)
German Measles (Rubella)
Similarly, unless exempted, all employees, including substitutes, shall
present proof of immunity to rubella (German measles) prior to reporting for
work.
Evidence of immunity to rubella shall consist of:
A record of immunization against rubella given on or after the first
birthday; or
A statement, signed by a licensed physician or a state or local health
officer, that affirms serologic evidence of having had rubella.
General Information
Exempted employees include those with medical contraindications for
receiving vaccines and those who refuse immunization for religious reasons.
Nonimmune employees, including those who utilize the exemption, shall, in
the event of an outbreak of either disease, be put on leave without pay, or
they may use accumulated sick leave during the period they are excluded
from work due to the outbreak. If a staff member does not have any earned
sick leave, a salary deduction of one (1) contract day will be made for each
day of authorized leave used.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 36-624
A.A.C. R9-6-347
R9-6-360
R9-6-704
A.G.O. I88-037
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GC-1411
© 2012 Arizona School Boards Association
REGULATION
GBGCA-R
REGULATION
WELLNESS PROGRAMS
Unless legally exempted, all staff members must show proof of immunity to
measles and rubella.
In the event of an outbreak of either disease, memory of immunization date is
not acceptable; medical documentation of immunity is required.
Implementing Policy
The School shall generate a list of all employees to identify those who need
proof of immunity to measles.
The Executive Director shall distribute information about the School's policy
on measles and rubella.
The Executive Director shall collect proof of immunity from staff members
and compile a list denoting immunity or nonimmunity of staff members.
Nonimmune staff members shall be referred for vaccine to a physician or the
County Health Department. Their records will be updated as they receive
vaccine.
Maintaining Policy
Throughout each school year, new staff members shall be required to show
proof of immunity before employment.
A list of nonimmune employees shall be maintained and updated throughout
the year.
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GC-1450
© 2012 Arizona School Boards Association
GBGCB
STAFF HEALTH AND SAFETY
(Communicable Diseases)
It is the policy of the School to take reasonable and lawful measures to
protect students and staff members from the transmission of communicable
diseases. The Executive Director is authorized to adopt such procedures as
are necessary to implement this policy in a manner consistent with state and
federal laws.
Exclusion from School
A staff member who has a communicable disease shall be excluded from
school only if the staff member presents a direct threat to the health or safety
of others in the school workplace. The outbreak control measures and other
directives of the Department of Health Services (DHS) and local health
agencies shall be acted upon as the best medical knowledge and judgments
with regard to the exclusion of a staff member who has a communicable
disease that is addressed by DHS regulations. The communicable diseases
specifically addressed by DHS regulations are listed at A.A.C. R9-6-203 et
seq.
A staff member who has a chronic communicable disease, such as
tuberculosis or HIV/AIDS, shall not be excluded unless a significant risk is
presented, to the health and safety of others, which cannot be eliminated by
reasonable accommodation. The Executive Director shall consult with legal
counsel and health professionals, as necessary, to ensure that exclusion of a
staff member with a chronic communicable disease will not violate the staff
member's rights under the Americans with Disabilities Act or Section 504 of
the Rehabilitation Act.
A person designated by the Executive Director must reassess a staff member
who is excluded from school because of a communicable disease before the
staff member returns to work. The School may require a physician's written
medical release as a condition for the staff member's return to work.
Reporting and Notification
The School shall report by telephone to its local health agency each diagnosed
and suspected case of a communicable disease as set out in JLCB.
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GC-1450
© 2012 Arizona School Boards Association
GBGCB
If an outbreak of a communicable disease occurs in a school setting, the
Executive Director shall promptly inform staff members who are known to
have special vulnerability to infection. The School does not assume any duty
to notify an employee of health risks caused by the presence of a
communicable disease in the school setting unless the at-risk employee has
notified the School of the conditions when notification is needed.
Confidentiality
The School shall make reasonable efforts to maintain the confidentiality of
staff members' medical conditions. All medical information relating to
employees is confidential. The identity of a staff member who has a
communicable disease and/or the nature of the communicable disease may be
disclosed only to:
Staff members who must have such information to carry out their
duties under this policy; or
Staff members or students (or their parents/guardians) who must have
such information to protect themselves from direct threat to their
health or safety.
Inquiries or concerns by staff members or others regarding communicable
diseases or a staff member who is known or believed to have a communicable
disease shall be directed to the Executive Director.
Universal Precautions
The School shall follow the "Universal Precautions Standard" to protect
employees who are at risk of being exposed to blood and body fluids in the
course of their work.
Food Service Workers
The School shall follow the guidance of the U.S. Department of Health and
Human Services concerning infectious and communicable diseases
transmitted through the handling of food, and special precautions required
for food services workers.
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GC-1450
© 2012 Arizona School Boards Association
GBGCB
HIV/AIDS
Current medical information indicates that HIV can be transmitted by sexual
intercourse with an infected partner, by injection of infected blood products,
and by transmission from an infected mother to her child in utero or during
the birth process. None of the identified cases of HIV infection in the United
States are known to have been transmitted in a school setting or through any
other casual person-to-person contact. There is no evidence that HIV is
spread by sneezing, coughing, shaking hands, hugging, or sharing toilets,
food, water, or utensils. According to best medical knowledge and judgments,
the use of the "universal precautions" and other procedures that implement
this policy are sufficient to protect staff members and students from
transmission of HIV at school.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 36-621
36-624
A.A.C. R9-6-203 et seq.
R9-6-355
29 U.S.C. 794 et seq. Rehabilitation Act, (Section 504)
42 U.S.C. 12101 et seq. (Americans with Disabilities Act)
29 C.F.R. 1630.1 et seq. (ADA guidelines)
29 C.F.R. 1910.10 et seq. (OSHA Universal Precautions
Standard)
CROSS REF.:
GBGC - Employee Assistance
GBGCA - Wellness Programs
JLCB-R - Immunizations of Students
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GC-1481
© 2012 Arizona School Boards Association
EXHIBIT
GBGCB-E
EXHIBIT
STAFF HEALTH AND SAFETY
COMMUNICABLE DISEASES
Handling Body Fluids in School
The following guidelines are meant to provide simple and effective
precautions against transmission of disease for all people potentially exposed
to the blood or body fluids of any person (student and/or school employee). No
distinction is made between body fluids from persons with a known disease or
those from persons without symptoms or with an undiagnosed disease.
The body fluids of all people should be considered to contain potentially
infectious agents. The term body fluids includes blood, semen, drainage from
scrapes and cuts, feces, urine, vomit, respiratory secretions (such as nasal
discharge), and saliva.
Whenever possible, avoid direct skin contact with body fluids.
Disposable gloves are recommended when direct hand contact with
body fluids is anticipated. If extensive contact is made with body fluids,
hands must be washed afterwards. Gloves used for this purpose should
be put in a plastic bag, secured, and disposed of daily.
If direct skin contact does occur, hands and other affected skin areas of
all exposed people shall be routinely washed with soap and water.
Proper handwashing requires the use of soap and water and vigorous
washing under a stream of running water for approximately ten (10)
seconds.
Clothing and other nondisposable items that are soaked through with
body fluids should be rinsed and placed in plastic bags. If presoaking is
required to remove stains, rinse or soak the item in cold water prior to
bagging. Clothing should be sent home with the student for washing,
with appropriate directions to parents and teachers (see laundry
instructions below). Always wear gloves when handling items that have
come in contact with body fluids.
Contaminated disposable items shall be handled with disposable gloves,
put in a plastic bag, secured, and disposed of daily.
Body fluid spills on hard surfaces (i.e., floors, countertops, books, etc.)
shall be disinfected with bleach (diluted to ten [10] parts water and one
[1] part bleach). Gloves shall always be worn during cleanup.
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GC-1481
© 2012 Arizona School Boards Association
EXHIBIT
GBGCB-E
EXHIBIT
Cleaning equipment:
Nondisposable cleaning equipment (such as dust pans, brooms,
and buckets) shall be disinfected by thoroughly rinsing in diluted
bleach (ten [10] parts water and one [1] part bleach). Mops shall
be soaked in the disinfectant after use and then rinsed with hot
water. The disinfectant solution shall be promptly disposed of
down a drain pipe.
Disposable cleaning equipment (such as paper towels, the vacuum
bag, or sweepings) shall be placed in plastic bags, secured, and
disposed of daily. No special handling is required for vacuuming
equipment. Gloves shall always be used during cleanup.
Laundry instructions:
Clothing soaked with body fluids shall be washed separately from
other items. Presoaking may be required for heavily soiled
clothing. Otherwise, wash and dry as usual. If the material can
be bleached, add one-half (1/2) cup of household bleach to the
wash cycle. If the material is not colorfast, add one-half (1/2) cup
of all-fabric bleach to the wash cycle.
LEGAL REF.: A.R.S. 36-621 et seq.
A.A.C. R9-6-101 et seq.
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GC-1500
© 2012 Arizona School Boards Association
GBGD
WORKERS' COMPENSATION
All employees shall be covered by workers' compensation insurance for any
accident while on assignment, including an accident on School property or
while on official business off School property. An employee must report any
such accident to the supervisor's office immediately, since a report on the
time of the accident, persons involved, and how it happened is required.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-505
23-901
23-902
23-906
23-908
23-961
23-962
CROSS REF.:
EBBB - Accident Reports
GBGC - Employee Assistance
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GC-1511
© 2012 Arizona School Boards Association
REGULATION
GBGD-R
REGULATION
WORKERS' COMPENSATION
Any employee who has an accident, no matter how slight, while on duty shall
notify the supervisor immediately. Failure to follow this procedure could
result in the loss of workers' compensation benefits.
Any employee of the School who suffers a job-related injury/accident must file
a report with the School business office within five (5) days after the date of
occurrence. Should circumstances render the individual unable to submit
such a report within five (5) days, the time limit may be extended.
After being notified by an employee, the supervisor shall complete and
submit the Report of Industrial Injury to the School office.
The Executive Director, upon receiving the supervisor's report, shall, within
ten (10) days after notification, submit the Report of Industrial Injury to the
insurance carrier.
Compensation Claims
When a job-related injury/accident requires medical attention and absence
from the workplace, the following conditions shall apply:
The physician will be responsible for reporting the circumstances of the
injury to the School, the Industrial Commission, and the School's
insurance carrier.
During the first seven (7) days of absence due to a job-related
injury/accident, the employee will be placed on sick leave, provided the
employee has accumulated sufficient sick leave.
If a job-related injury/accident results in more than seven (7) days'
absence, the insurance carrier will be responsible for handling the claim
for lost pay. During such period the employee may be directed to:
Endorse over to the School the payments received from the
insurance carrier, continue to receive a regular salary, and be
charged sick leave. When the amount of the insurance payment is
determined and received by the School, the employee's sick leave
record will be adjusted for that fraction of the time paid by the
insurance carrier (e.g., the insurance carrier pays one-half (1/2) of
the normal salary of the employee, the sick leave will be adjusted
on a pro rata basis); or
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GC-1511
© 2012 Arizona School Boards Association
REGULATION
GBGD-R
REGULATION
Draw compensation from the insurance carrier, provide the School
with a record of such payment, and receive payment for sick leave
pay for the uncompensated portion of missed time, up to the limit
of accumulated sick leave.
In no event will an employee receive a combined salary and worker's
compensation in excess of the employee's regular salary.
An employee who has used all accumulated sick leave will be removed
from the payroll and will receive only such amounts as are paid by the
School's insurance carrier.
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GC-1531
© 2012 Arizona School Boards Association
EXHIBIT
GBGD-E
EXHIBIT
WORKERS' COMPENSATION
EARLY RETURN TO WORK
Determining if a Job Offer can be
Made for Early Return from an
Illness or Injury
The School need only consider an early return when a job that can be
performed by the early return employee is available. Creation of a position is
not required.
When considering an early return assignment the School should:
Analyze the job and determine its purpose and essential functions.
Consult with the employee to determine the precise job limitations
imposed by the attending physician.
Determine if the employee can perform the duties of the job.
Analyze the risk of reinjury or deterioration of the employee's condition.
Adjustments in the job description for personal accommodations such as an
amenity or convenience that is not job related shall not be the responsibility
of the School. The School shall require that all aspects of the job description
be performed adequately.
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GC-1600
© 2012 Arizona School Boards Association
GBI
STAFF PARTICIPATION IN
POLITICAL ACTIVITIES
The Governing Body recognizes the right of its employees, as citizens, to
engage in political activity. However, school time, personnel, equipment,
supplies, materials, buildings, or other resources may not be used to
influence the outcomes of elections.
A staff member, a person acting on behalf of the School or a person who aids
another person acting on behalf of the School shall be guided by the following:
No employee shall engage in political activities upon property under the
jurisdiction of the School. Employees in their individual capacities may
exercise their political liberties on property leased from the school for
that purpose.
Campaigning and other election activities must be done in off-duty
hours, when not working in an official capacity or representing the
School, and without the participation of School employees or students
acting in the capacity of School representatives.
Invitations to participate in election activities on a given campus,
except when extended by groups leasing or using school facilities, shall
be permitted only when such invitations are to all candidates for the
office.
Political circulars or petitions may not be posted or distributed in
school.
The collection of campaign funds and/or the solicitation of campaign
workers is prohibited on school property.
Students may not be given written materials to influence the outcome
of an election or to advocate support for or opposition to pending or
proposed legislation.
Students may not be involved in writing, addressing or distribution of
material intended to influence the outcome of an election or to advocate
support for or opposition to pending or proposed legislation.
Employees of the School may not use the authority of their position to
influence the vote or political activities of any subordinate employee.
School employees who hold elective or appointive office are not entitled to
time off from their school duties for reasons incident to such offices, except as
such time may qualify under the leave policies of the School.
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GC-1600
© 2012 Arizona School Boards Association
GBI
The discussion and study of politics and political issues, when such
discussion and study are appropriate to classroom studies, are not precluded
under the provisions of this policy.
School employees shall be permitted time as provided in statute, if required,
to vote in the primary or general election.
The School shall not make expenditures for literature associated with a
campaign conducted by or for a School official.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 1-305
15-511
15-903
16-402
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GC-1650
GBJ
© 2012 Arizona School Boards Association
PERSONNEL RECORDS AND FILES
It is the duty and responsibility of each certificated employee to keep such
certification current.
The School will maintain a complete and current official personnel file for
each School employee.
Records reasonably necessary or appropriate to maintain an accurate
knowledge of disciplinary actions regarding staff members and the staff
members responses will be maintained. Disciplinary action records shall be
open to inspection and copying unless such inspection and disclosure of
records or information in the records is contrary to law.
The School may create such subfiles within a personnel file as are
appropriate to ensure confidentiality of those files made confidential by law
and efficient use of the file. Access to personnel files will be limited to
authorized School officials and employees authorized to handle personnel
files. Employees may review their own files by making written requests to
the Executive Director.
Materials obtained prior to an employee's
employment, such as confidential recommendations or interview notes, will
not be available for review by the employee.
The Executive Director shall prepare procedures to implement this policy and
A.R.S. 44-1373 which restricts use of personal identifying information.
Documents within a personnel file may be reviewed by the public only to the
extent that disclosure is compelled as a public record.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 38-233
39-121 et seq.
41-1346 et seq.
41-1482
CROSS REF.:
DKA - Payroll Procedures/Schedules
KDB - Public's Right to Know/Freedom of Information
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GC-1681
© 2012 Arizona School Boards Association
EXHIBIT
GBJ-E
EXHIBIT
PERSONNEL RECORDS AND FILES
A person or entity shall not, unless specifically provided by law:
Intentionally communicate or make an individual's social security
number available to the general public.
Print an individual's social security number on any card required for
the individual to receive services.
Require the transmission of an individual's social security number over
the internet unless providing a secure connection or the social security
number is encrypted.
Require the use of an individual's social security number to access a
web site unless a password or unique personal identification number or
other authentication device is also required to access the site.
Print a number that the person or entity knows to be an individual's
social security number on any materials that are mailed to the
individual unless required by law to place these numbers on the
material.
This does not preclude the transmission of documents of
enrollment, amendment, termination, or contracting for financial
services nor does it preclude transmitting documents confirming
the accuracy of the numbers previously submitted.
No requirement is made to check third party submitted numbers
and unless the recipient of the number has actual knowledge that
the number is or includes the individual's social security number,
the person or entity may print the number on materials that are
mailed to the individual.
No prohibition on mailing the individual any copy or reproduction
of a document that includes a social security number is made if
the social security number was included on the original document
before January 1, 2005.
The exception is that if a social security number has been used
inconsistent with the use described above after January 1, 2005,
so long as the usage is continuous, the person or entity may
continue to use the number subject to the conditions below:
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GC-1681
© 2012 Arizona School Boards Association
EXHIBIT
GBJ-E
EXHIBIT
If the use stops for any reason then the social security
number cannot be used and the use reverts to the
conditions bulleted above.
Each year the entity must provide the individual with an
annual written disclosure of the individual's right to stop
the use of the social security number as prohibited above.
If an individual requests in writing, the person or entity
must stop using the number in any manner conflicting with
the law. No fee or charge is allowed, and the entity shall
not deny services to the individual because of the request.
The law does not prohibit the collection, use or release of a social security
number required by the laws of this state or the United States or for internal
verification or administrative purposes.
Unless otherwise provided by law, after January 1, 2005 documents or
records recorded and made available on the recording entity's web site shall
not contain more than five (5) numbers reasonably identifiable as part of a
social security number and shall not contain financial account numbers. A
penalty of five hundred dollars ($500) for each act of recording is possible.
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GC-1900
GBP
© 2012 Arizona School Boards Association
PROHIBITED PERSONNEL PRACTICES
Disclosure Protected
It is a prohibited personnel practice for any employee, who has control over
personnel actions, to take reprisals against another employee for a disclosure
of a matter of public concern, by that other employee, to a public body when
the employee believes there has been:
A violation of law.
Mismanagement, a gross waste of monies, or an abuse of authority.
An employee, or former employee, who believes that an adverse personnel
action taken is the result of such person's disclosure of information under
A.R.S. 38-532 shall make a complaint to the Governing Body. The Governing
Body shall make a determination pursuant to the rules under A.R.S. 41-785.
Reporting Protected
The Governing Body or employee who has control over personnel decisions
shall not take unlawful reprisal against an employee for good-faith reports
about certificated personnel engaged in conduct involving minors that is
reportable under A.R.S. 13-3620 (Reporting Child Abuse). Unlawful reprisal
means an action taken by a Governing Body that results in:
Disciplinary action.
Transfer or reassignment.
Suspension, demotion, or dismissal.
An unfavorable performance evaluation.
Other significant changes in duties or responsibility that are
inconsistent with the employee's salary or employment classification.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-514
23-425
38-532
41-785
41-1464
14-1482
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GC-2150
© 2012 Arizona School Boards Association
GCB
PROFESSIONAL / SUPPORT STAFF
CONTRACTS AND COMPENSATION
Employment Status
All personnel are either term employees or at-will employees of the School.
Term employee. A term employee is a staff member who is employed by the
School pursuant to a written contract that specifies the duration of the
employment contract, which shall not exceed one (1) year. All staff members
who are not term employees are at-will employees.
At-will employee. An at-will employee is a staff member who is employed
by the School for no specific term and who has no right of continued
employment. The employment of an at-will employee may be terminated by
action of the School for no reason, without advance notice, as the Executive
Director desires. No employee shall have the authority to make any
agreement or contract to the contrary or any agreement with an at-will
employee for any specified period of time. No School policy or item within the
School's handbook is intended to - and shall not operate to - create any
property or contract rights inconsistent with the at-will employment status of
staff members.
Adopted: date of Handbook adoption
CROSS REF.:
GCF - Professional Staff Hiring
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GC-2500
GCC
© 2012 Arizona School Boards Association
PROFESSIONAL / SUPPORT STAFF
LEAVES AND ABSENCES
(Absent Without Leave)
An employee shall be deemed "absent without leave" when absent from work
because of:
A reason that conforms to a policy currently in effect but the maximum
days provided for in that policy will be exceeded; or
A reason that does not conform to any policy currently in effect; or
Failure to report to work without prior notification to the Executive
Director.
In no case shall an employee be compensated for time lost due to being absent
without leave.
An employee who is absent from work without prior approval is subject to
disciplinary action, as is one who was unable to obtain prior approval due to
unusual circumstances and such approval is denied upon the employee's
return. An employee absent for two (2) days without notifying the company is
assumed to have voluntarily abandoned the position and will be removed
from the payroll.
Adopted: date of Handbook adoption
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GC-2550
GCCA
PROFESSIONAL / SUPPORT STAFF
SICK LEAVE
Compensated leave is to be granted to a staff member earned at a rate of one
(1) day per month of employment.
When a staff member exhausts all days of accumulated leave, an unpaid
leave of absence must be requested, pursuant to School policy.
Leave may be used for childbirth during the time the physician verifies that
the employee is physically unable to perform her normal duties. If the
employee does not wish to return to her duties following childbirth, an
extended leave of absence must be requested, consistent with existing School
policy.
Upon request, the staff member shall inform the Executive Director of the
following:
Purpose for which leave is being taken.
Expected date of return from leave.
Where the staff member may be contacted during the leave.
The School may require the employee to provide proof of any extended leave
beyond two (2) days whether or not the continued use of leave is appropriate
or whether return to duty is appropriate.
Any employee who can be shown to have willfully violated or misused the
School's sick leave policy or misrepresented any statement or condition will
be subject to discipline, which may include reprimand, suspension, and/or
dismissal.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-187
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GC-2900
© 2012 Arizona School Boards Association
GCCC
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
The School recognizes that on occasion extenuating circumstances arise that
may necessitate absence from duty that is not covered by other specific leave
provisions of the School. To address such situations, a leave of absence,
without pay, may be granted a member of the certificated or support staff for
not longer than one (1) year.
Leave of absence may be requested for, but not limited to, the following
purposes:
For additional education that relates to the employee's primary
assignment. A plan of contemplated course work must be presented.
To provide for an unpaid leave in a situation where the employee will
be absent from work because of 1) a reason that conforms to a policy
currently in effect but the maximum number of days provided for in
that policy will be exceeded, or 2) failure to report to work without prior
notification to the Executive Director.
For a leave of absence that benefits or is in the best interest of the
School, as determined by the Governing Body upon review of the
application.
For leave under the Family and Medical Leave Act.
A leave of absence requested pursuant to this policy may be:
Approved by the Executive Director if the leave period does not exceed
twelve (12) weeks; or
Recommended by the Executive Director and approved by the
Governing Body if the leave period exceeds twelve (12) weeks.
A request for leave of absence shall not be denied by the School if the
employee is entitled to the leave under the Family and Medical Leave Act.
All other applications for leave of absence may be granted or denied by the
School, in its sole discretion.
Each request for such a leave of absence shall be in a written application
stating the purpose, starting date, and duration of the leave of absence, the
reasons for its necessity or desirability, and any other information the
applicant deems relevant to the request.
The leave of absence shall be only for the purpose and duration approved and
may not be extended without written approval by the School.
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GC-2900
© 2012 Arizona School Boards Association
GCCC
All rights of continuing status (certificated teachers only), retirement, salary
increments, and other benefits shall be restored at the level earned when the
leave was granted. All accrued sick, vacation, personal, and other paid leave
shall be applied to the leave period unless otherwise agreed to by the School
or prohibited by the Family and Medical Leave Act.
Family and Medical Leave Act (FMLA) will be in effect only if the school
meets the minimum employee requirement of the Act.
The Family and Medical Leave Act of 1993 (FMLA) requires employers of
fifty (50) or more employees within a seventy-five (75) mile area to provide up
to twelve (12) weeks of unpaid, job-protected leave to "eligible" employees for
certain family and medical reasons. Employees are "eligible" if they have
worked for a covered employer for at least one (1) year, and for one thousand
two hundred fifty (1,250) hours over the previous twelve (12) months.
The School shall fully comply with the Family and Medical Leave Act and all
interim and final regulations interpreting the FMLA issued by the U.S.
Department of Labor. Accordingly, all portions of this policy that pertain to
the FMLA shall be interpreted in a manner consistent with the FMLA and its
regulations. Subject to the conditions set forth herein, any eligible employee
of the School may take up to twelve (12) weeks of leave (FMLA leave)
measured backward for each employee from the first time such employee uses
leave under FMLA, without pay, for any one (1) or more of the following
reasons:
Because of the birth of a child of the employee and in order to care for
such child.
Because of the placement of a child with the employee for adoption or
foster care.
In order to care for the spouse or a son, daughter, or parent of the
employee, if such person has a serious health condition.
Because of a serious health condition that makes the employee unable
to perform the functions of the position of such employee.
Because of any qualifying exigency (as the Secretary shall, by
regulation, determine) arising out of the fact that the spouse, or a son,
daughter, or parent of the employee is on active duty (or has been
notified of an impending call or order to active duty) in the Armed
Forces in support of a contingency operation.
An eligible employee is one who has been employed by the School at least
twelve (12) months and who has completed at least one thousand two
hundred fifty (1,250) hours of service immediately prior to the time the
FMLA leave is to commence.
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GC-2900
© 2012 Arizona School Boards Association
GCCC
Serious health condition means an illness, injury, impairment, or physical
condition that involves inpatient care in a hospital, hospice, or residential
medical facility, or outpatient care with continuing medical treatment by a
licensed physician. Any employee who has been employed by the School at
least twelve (12) months and who has completed at least one thousand two
hundred fifty (1,250) hours of service immediately prior to the time the leave
is to commence shall be eligible for FMLA leave.
Special conditions applicable to FMLA. Entitlement to leave for the
birth of a child or the placement of a child for adoption or foster care ends at
the expiration of a twelve (12)-month period, beginning on the date of the
event. An eligible employee who is the spouse, son, daughter, parent, or next
of kin of a covered servicemember shall be entitled to a total of twenty-six
(26) workweeks of leave during a twelve (12)-month period to care for the
servicemember. The leave described to care for a covered servicemember
shall only be available during one (1) single twelve (12)-month period.
A husband and wife working for the School may be limited to a total of twelve
(12) weeks of leave during each applicable twelve (12)-month period for leave
for the birth of a child or the placement of a child for adoption or foster care
and to care for an employee's parent with a serious health condition. The
aggregate number of workweeks of leave to which both the husband and wife
may be entitled under covered servicemember family leave combined with
leave as described in the previous sentence shall be limited to twenty-six (26)
workweeks during one (1) single twelve (12)-month period.
The School shall not require an employee to substitute accrued sick leave for
FMLA leave used by reason of a birth, adoption, or foster placement. An
employee shall substitute accrued vacation or personal leave for FMLA leave
used by reason of a birth, adoption, or foster placement, to the extent
available by policy, unless otherwise agreed to by the School. In any other
circumstance, an employee's accrued sick, vacation, personal, or other
applicable leave shall be substituted for FMLA leave, to the extent available
by policy, unless otherwise agreed to by the School.
Notice. An employee must provide at least thirty (30) days notice before the
FMLA leave is to begin if the need for the leave is foreseeable based on an
expected birth, placement for adoption, or foster care, planned medical
treatment for a serious health condition, or military service leave of the
employee or family member. If thirty (30) days notice is not practicable,
notice must be given as soon as practicable. The notice shall be in the form of
a request for leave of absence as specified in this policy. The School may
deny FMLA leave to any eligible employee until such time as the employee
has provided the required notice.
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GC-2900
© 2012 Arizona School Boards Association
GCCC
Certification. All FMLA leave shall be supported by medical certificate
provided by the employee's health provider in the form of the exhibit
accompanying this policy. In any instance where the FMLA leave must be
preceded by thirty (30) days notice, the medical certificate should accompany
the request for leave of absence. In any other instance, the medical
certificate should be provided within fifteen (15) days after the FMLA leave
commences.
Certification of active military duty or call to active duty in support of a
contingency operation for purpose of receiving family leave shall be required
under the same conditions as FMLA certification for leave indicated above.
The employee may be requested (at the School's expense) to provide
recertification of medical conditions in support of leave if the School feels that
the circumstances so warrant and notice is given. Recertification shall not be
required for intervals shorter than thirty (30) days.
Whenever a medical certification or recertification is required of an employee,
notice describing such requirement and providing the form of such
certification shall be provided to the employee. An employee shall not be
denied FMLA leave or other rights under the FMLA unless a notice required
by FMLA in such situation has first been provided to the employee.
In the case of continuation, recurrence, or onset of a serious health condition
to the employee, covered family of the employee (including a servicemember
being cared for by an employee) and the employee is unable to return to work,
certification issued by the health care provider of the entity with the serious
health condition shall be required to support the inability of the employee to
return to work.
Intermittent or reduced time (IRT) leave. FMLA leave may be taken
intermittently or on a reduced leave schedule under the following
circumstances:
If medically necessary to care for a family member or for the employee's
own serious health condition;
Because of any qualifying exigency the spouse, or a son, daughter, or
parent, of the employee is on active duty, or notified of an impending
call or order to active duty in support of a contingency operation; or
If approved by the School.
The School may, for the term of the leave, transfer the employee to an
alternative position with equivalent pay and benefits.
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GC-2900
GCCC
© 2012 Arizona School Boards Association
If the IRT leave is for an instructional employee (one whose principal function
is to instruct students in a class, small group, or as individuals), the School
can require the employee either to take leave for a period or periods of a
particular duration not greater than the duration of the planned treatment or
to transfer temporarily to an available alternative position with equivalent
pay and benefits that provides better accommodation of recurring periods of
leave, provided the leave is:
Requested to care for a qualifying family member or as a result of the
employee's serious health condition preventing job performance;
Foreseeable, based upon planned medical treatment; and
For more than twenty percent (20%) of the working days in the leave
period.
The employee may be granted leave under these circumstances, subject to
reasonable efforts to schedule treatment so as not to unduly disrupt the
educational program.
Special end-of-semester circumstances for instructional employees.
Under each of the following conditions, leave for an instructional employee
may be required to continue to the end of the academic semester:
Leave begins more than five (5) weeks before the end of the semester,
leave is for at least three (3) weeks, and return to employment would
occur during the last three (3) weeks of the semester.
Leave other than for the employee's serious health condition begins
within the last five (5) weeks of the semester, leave is for greater than
two (2) weeks duration, and return to employment would occur during
the last two (2) weeks of the semester.
Leave other than for the employee's serious health condition begins
within the last three (3) weeks of the semester and leave exceeds five
(5) working days.
Employee notification. With each request for FMLA leave, the employee
shall be notified:
About FMLA by provision of the FMLA fact sheet (Exhibit EE).
As appropriate concerning the expectations, obligations, and
consequences of taking FMLA leave per 29 C.F.R. 825.301 of FMLA.
That FMLA leave may be withheld until a requested notice is provided
or the time frame is met.
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GC-2900
© 2012 Arizona School Boards Association
GCCC
That if leave is granted to an employee who is unable to perform the
work required, restoration may be denied until the employee has
complied with the request to provide medical certification of ability to
return to work.
The School will post notices in conspicuous places on the School premises
that provide a summary of FMLA and information on how to file a charge for
an FMLA violation.
Health care continuation. An employee taking FMLA leave shall be entitled
to have the health care plan in which the employee is participating continue
under the same terms and conditions applicable to actively working
employees. The School shall require the repayment of any health care
premiums paid by the School for continuing coverage during the period of the
FMLA leave if the employee fails to return to work after the FMLA leave
expires and the failure to return is not due to circumstances beyond the
employee's control.
Position restoration. Upon return from FMLA leave, an employee shall be
restored to the same position held before the FMLA leave commenced or to an
equivalent position with equivalent pay, benefits, and working conditions.
The School requires an employee to provide a medical certificate from a
health care provider that the employee is able to resume work before
returning from FMLA leave for a serious personal health condition. The
School may delay the return of an instructional employee from FMLA leave
at the end of a semester, in accordance with Section 825.602 of FMLA rules.
The School may deny restoration of position to any key employee (i.e., one
who is among the highest-paid ten percent [10%] of all employees of the
School), in accordance with Section 825.218 of FMLA rules.
Adopted: date of Handbook adoption
LEGAL REF.: Family and Medical Leave Act of 1993
29 C.F.R. Part 825
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GC-2931
© 2012 Arizona School Boards Association
EXHIBIT
GCCC-EA
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
CERTIFICATION OF HEALTH CARE PROVIDER
(Family and Medical Leave Act of 1993)
When completed, this form goes to the employee.
1.
Employee's Name ___________________________________________________
2.
Patient's Name (If different from employee) ___________________________
3.
A definition of "serious health condition" under the Family and
Medical Leave Act is provided near the end of this form. Does the
patient's condition1 qualify under any of the categories described? If so,
please check the applicable category.
(1) ___ (2) ___ (3) ___ (4) ___ (5) ___ (6) ___, or None of the above ______
_______________________________________
4.
Describe the medical facts which support the patient's certification,
including a brief statement as to how the medical facts meet the criteria
of the category checked above:
5.
a. State the approximate date the condition commenced, and the
probable duration of the condition (and also the probable duration of
the patient's present incapacity2 if different):
b. Will it be necessary for the employee to take work only
intermittently or to work on a less than full schedule as a result
of the condition (including for treatment described in Item 6 below)?
If yes, give the probable duration:
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GC-2931
© 2012 Arizona School Boards Association
EXHIBIT
GCCC-EA
EXHIBIT
c. If the condition is a chronic condition (condition 4) or pregnancy,
state whether the patient is presently incapacitated2 and the likely
duration and frequency of episodes of incapacity2:
______________________________________
1 Here and elsewhere on this form, the information sought relates only to the
condition for which the employee is taking FMLA leave.
2 "Incapacity," for purposes of FMLA, is defined to mean inability to work,
attend school or perform other regular daily activities due to the serious
health condition, treatment therefore, or recovery therefrom.
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GC-2931
© 2012 Arizona School Boards Association
EXHIBIT
6.
GCCC-EA
EXHIBIT
a. If additional treatments will be required for the condition, provide an
estimate of the probable number of such treatments.
If the patient will be absent from work or other daily activities
because of treatment on an intermittent or part-time basis, also
provide an estimate of the probable number of and interval between
such treatments, actual or estimated dates of treatment if known, and
period required for recovery if any:
b. If any of these treatments will be provided by another provider of
health services (e.g., physical therapist), please state the nature of
the treatments:
c. If a regimen of continuing treatment by the patient is required
under your supervision, provide a general description of such regimen
(e.g., prescription drugs, physical therapy requiring special
equipment):
______________________________________
7.
a. If medical leave is required for the employee's absence from work
because of the employee's own condition (including absences due
to pregnancy or a chronic condition), is the employee unable to
perform work of any kind?
b. If able to perform some work, is the employee unable to perform
any one or more of the essential functions of the employee's
job (the employee or the employer should supply you with information
about the essential job functions)? If yes, please list the essential
functions the employee is unable to perform:
c. If neither a. nor b. above applies, is it necessary for the employee to be
absent from work for treatment?
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______________________________________
8.
a. If leave is required to care for a family member of the employee
with a serious health condition, does the patient require
assistance for basic medical or personal needs or safety, or for
transportation?
b. If no, would the employee's presence to provide psychological
comfort be beneficial to the patient or assist in the patient's
recovery?
c. If the patient will need care only intermittently or on a part-time
basis, please indicate the probable duration of this need:
_______________________________________
________________________________________
Signature of Health Care Provider
________________________
Type of Practice
________________________________________
Address
________________________
Telephone Number
________________________________________
________________________
Date
________________________________________
To be completed by the employee needing family leave to care for a
family member:
State the care you will provide and an estimate of the period during which
care will be provided, including a schedule if leave is to be taken
intermittently or if it will be necessary for you to work less than a full
schedule:
________________________________________
Employee Signature
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Definitions
A "Serious Health Condition" means an illness, injury impairment, or
physical or mental condition that involves one (1) of the following:
1.
Hospital Care
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or
residential medical care facility, including any period of incapacity2 or
subsequent treatment in connection with or consequent to such inpatient
care.
2.
Absence Plus Treatment
(a) A period of incapacity2 of more than three (3) consecutive
calendar days (including any subsequent treatment or period of
incapacity2 relating to the same condition), that also involves:
(1) Treatment3 two or more times by a health care provider, by a
nurse or physician's assistant under direct supervision of a
health care provider, or by a provider of health care services (e.g.,
physical therapist) under orders of, or on referral by, a health
care provider; or
(2) Treatment by a health care provider on at least one (1)
occasion which results in a regimen of continuing
treatment4 under the supervision of the health care provider.
3.
Pregnancy
Any period of incapacity due to pregnancy, or for prenatal care.
4.
Chronic Conditions Requiring Treatments
A chronic condition which:
(1) Requires periodic visits for treatment by a health care
provider, or by a nurse or physician's assistant under direct
supervision of a health care provider;
(2) Continues over an extended period of time (including
recurring episodes of a single underlying condition); and
(3) May cause episodic rather than a continuing period of
incapacity2 (e.g., asthma, diabetes, epilepsy, etc.).
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Permanent/Long-term Conditions Requiring Supervision
A period of Incapacity2 which is permanent or long-term due to a
condition for which treatment may not be effective. The employee or
family member must be under the continuing supervision of, but
need not be receiving active treatment by, a health care provider.
Examples include Alzheimer's, a severe stroke, or the terminal stages of
a disease.
6.
Multiple Treatments (Non-Chronic Conditions)
Any period of absence to receive multiple treatments (including any
period of recovery therefrom) by a health care provider or by a provider of
health care services under orders of, or on referral by, a health care
provider, either for restorative surgery after an accident or other injury,
or for a condition that would likely result in a period of Incapacity2
of more than three (3) consecutive calendar days in the absence
of medical intervention or treatment, such as cancer (chemotherapy,
radiation, etc.), severe arthritis (physical therapy), and kidney disease
(dialysis).
This optional form may be used by employees to satisfy a mandatory
requirement to furnish a medical certification (when requested) from a health
care provider, including second or third opinions and recertification (29
C.F.R. 825.306).
______________________________________
3 Treatment includes examinations to determine if a serious health condition
exists and evaluations of the condition. Treatment does not include routine
physical examinations, eye examinations, or dental examinations.
4 A regimen of continuing treatment includes, for example, a course of
prescription medication (e.g., an antibiotic) or therapy requiring special
equipment to resolve or alleviate the health condition. A regimen of
treatment does not include the taking of over-the-counter medications such
as aspirin, antihistamines, or salves: or bed-rest, drinking fluids, exercise,
and other similar activities that can be initiated without a visit to a health
care provider.
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PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
EMPLOYER RESPONSE TO EMPLOYEE REQUEST
FOR FAMILY OR MEDICAL LEAVE
(Family and Medical Leave Act of 1993
Optional Use Form - See 29 C.F.R. § 825.301)
Date: ____________________________
To: ____________________________________________________________________
(Employee's Name)
From: _________________________________________________________________
(Name of Appropriate Employer Representative)
Subject: REQUEST FOR FAMILY/MEDICAL LEAVE
On ____________________, you notified us of your need to take family/medical
(Date)
leave due to:
The birth of a child, or the placement of a child with you for adoption or
foster care; or
A serious health condition that makes you unable to perform the essential
functions for your job; or
A serious health condition affecting your spouse, 
child, 
parent,
for which you are needed to provide care; or
A qualifying exigency (as the Secretary shall, by regulation, determine)
arising out of the fact that the spouse, or a son, daughter, or parent of the
employee is on active duty (or has been notified of an impending call or
order to active duty) in the Armed Forces in support of a contingency
operation.
You notified us that you need this leave beginning on ______________________
(Date)
and that you expect leave to continue until on or about ____________________.
(Date)
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Except as explained below, you have a right under the FMLA for up to twelve
(12) weeks of unpaid leave in a twelve (12) month period for the reasons
listed above. Also, your health benefits must be maintained during any
period of unpaid leave under the same conditions as if you continued to work,
and you must be reinstated to the same or an equivalent job with the same
pay, benefits, and terms and conditions of employment on your return from
leave. If you do not return to work following FMLA leave for a reason other
than: 1) the continuation, recurrence, or onset of a serious health condition
which would entitle you to FMLA leave; or 2) other circumstances beyond
your control, you may be required to reimburse us for our share of health
insurance premiums paid on your behalf during your FMLA leave.
This is to inform you that: (check appropriate boxes: explain where indicated)
1.
You are 
eligible not eligible for leave under the FMLA.
2.
The requested leave will 
will not be counted against your annual
FMLA leave entitlement.
3.
You 
will 
will not be required to furnish medical certification of a
serious health condition. If required, you must furnish certification by
______________________ (insert date) (must be at least fifteen [15] days
after you are notified of this requirement), or we may delay the
commencement of your leave until the certification is submitted.
4.
You may elect to substitute accrued paid leave for unpaid FMLA leave.
We  will  will not require that you substitute accrued paid leave for
unpaid FMLA leave. If paid leave will be used, the following conditions
will apply: (Explain)
5.
(a) If you normally pay a portion of the premiums for your health
insurance, these payments will continue during the period of FMLA
leave. Arrangements for payment have been discussed with you, and
it is agreed that you will make premium payments as follows: (Set
forth dates, e.g., the tenth [10th] of each month, or pay periods, etc.,
that specifically cover the agreement with the employee.)
(b) You have a minimum thirty (30)-day (or, indicate longer period, if
applicable) grace period in which to make premium payments. If
payment is not made timely, your group health insurance may be
cancelled, provided we notify you in writing at least fifteen (15) days
before the date that your health coverage will lapse, or, at our option,
we may pay your share of the premiums during FMLA leave, and
recover these payments from you upon your return to work. We 
will  will not pay your share of health insurance premiums while
you are on leave.
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(c) We  will  will not do the same with other benefits (e.g., life
insurance, disability insurance, etc.) while you are on FMLA leave. If
we do pay your premiums for other benefits, when you return from
leave you  will  will not be expected to reimburse us for the
payments made on your behalf.
6.
You  will  will not be required to present a fitness-for-duty certificate
prior to being restored to employment. If such certification is required
but not received, your return to work may be delayed until certification is
provided.
7.
(a) You  are  are not a "key employee" as described in § 825.217 of
the FMLA regulations. If you are a "key employee:" restoration to
employment may be denied following FMLA leave on the grounds
that such restoration will cause substantial and grievous economic
injury to the School as discussed in § 825.218.
(b) We  have  have not determined that restoring you to employment
at the conclusion of FMLA leave will cause substantial and grievous
economic harm to us. ([a] and/or [b] may be explained if requested.
See §825.219 of the FMLA regulations.)
8.
While on leave, you  will  will not be required to furnish us with
periodic reports every ____________________ (indicate interval of periodic
reports, as appropriate for the particular leave situation) of your status
and intent to return to work (see § 825.309 of the FMLA regulations). If
the circumstances of your leave change and you are able to return to
work earlier than the date indicated on the reverse side of this form, you
 will  will not be required to notify us at least two (2) work days prior
to the date you intend to report to work.
9
You  will  will not be required to furnish recertification relating to a
serious health condition. (Explain below, if necessary, including the
interval between certifications as prescribed in §825.308 of the FMLA
regulations.)
This optional use form may be used to satisfy mandatory employer
requirements to provide employees taking FMLA leave with written notice
detailing specific expectations and obligations of the employee and explaining
any consequences of a failure to meet these obligations.
(29 C.F.R.
825.301(b).)
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PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
YOUR RIGHTS UNDER THE FAMILY AND
MEDICAL LEAVE ACT OF 1993
The Family and Medical Leave Act of 1993 (FMLA) requires covered
employers to provide up to twelve (12) weeks of unpaid, job-protected leave to
"eligible" employees for certain family and medical reasons. Employees are
eligible if they have worked for their employer for at least one (1) year, and
for one thousand two hundred fifty (1,250) hours over the previous twelve
(12) months, and if there are at least fifty (50) employees within seventy-five
(75) miles. The FMLA permits employees to take leave on an intermittent
basis or to work a reduced schedule under certain circumstances.
Reasons for Taking Leave
Unpaid leave must be granted for any of the following reasons:
To care for the employee's child after birth, or placement for adoption or
foster care;
To care for the employee's spouse, son or daughter, or parent who has a
serious health condition; or
For a serious health condition that makes the employee unable to
perform the employee's job.
At the employee's or employer's option, certain kinds of paid leave may be
substituted for unpaid leave.
Advance Notice and Medical Certification
The employee may be required to provide advance leave notice and medical
certification. Taking of leave may be denied if requirements are not met.
The employee ordinarily must provide thirty (30) days advance notice
when the leave is "foreseeable."
An employer may require medical certification to support a request for
leave because of a serious health condition, and may require second or
third opinions (at the employer's expense) and a fitness for duty report
to return to work.
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Job Benefits and Protection:
For the duration of FMLA leave, the employer must maintain the
employee's health coverage under any "group health plan."
Upon return from FMLA leave, most employees must be restored to
their original or equivalent positions with equivalent pay, benefits, and
other employment terms.
The use of FMLA leave cannot result in the loss of any employment
benefit that accrued prior to the start of an employee's leave.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
interfere with, restrain, or deny the exercise of any right provided
under FMLA.
discharge or discriminate against any person for opposing any practice
made unlawful by FMLA or for involvement in any proceeding under or
relating to FMLA.
Enforcement:
The U.S. Department of Labor is authorized to investigate and resolve
complaints of violations.
An eligible employee may bring a civil action against an employer for
violations.
FMLA does not affect any federal or state law prohibiting discrimination, or
supersede any state or local law or collective bargaining agreement which
provides greater family or medical leave rights.
For Additional Information
If you have access to the Internet visit the FMLA website:
http://www.dol.gov/esa/whd/fmla. To locate your nearest Wage-Hour Office,
telephone the Wage-Hour toll-free information and help line at 1-8664USWAGE (1-866-487-9243): a customer service representative is available
to assist you with referral information from 8am to 5pm in your time zone; or
log onto the following at http://www.wagehour.dol.gov.
A Spanish translation of this form may be downloaded
http://www.dol.gov/whd/fmla/index.htm
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PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
MILITARY FAMILY LEAVE
On January 28, 2008, President Bush signed into law the National Defense
Authorization Act for FY 2008 (NDAA), Public Law 110-181. Section 585(a) of
the NDAA amended the Family and Medical Leave Act of 1993 (FMLA) to
provide eligible employees working for covered employers two (2) important
new leave rights related to military service:
(1) New Qualifying Reason for Leave. Eligible employees are
entitled to up to twelve (12) weeks of leave because of "any qualifying
exigency" arising out of the fact that the spouse, son, daughter, or
parent of the employee is on active duty, or has been notified of an
impending call to active duty status, in support of a contingency
operation. By the terms of the statute, this provision requires the
Secretary of Labor to issue regulations defining "any qualifying
exigency." In the interim, employers are encouraged to provide this
type of leave to qualifying employees.
(2) New Leave Entitlement. An eligible employee who is the spouse,
son, daughter, parent, or next of kin of a covered servicemember who
is recovering from a serious illness or injury sustained in the line of
duty on active duty is entitled to up to twenty-six (26) weeks of leave
in a single twelve (12)-month period to care for the servicemember.
This provision became effective immediately upon enactment. This
military caregiver leave is available during "a single twelve (12)month period" during which an eligible employee is entitled to a
combined total of twenty-six (26) weeks of all types of FMLA leave.
Additional information on the amendments and a version of Title I of the
FMLA with the new statutory language incorporated are available on the
FMLA amendments Web site at http://www.dol.gov/esa/whd/fmla/
NDAA_fmla.htm.
A Spanish translation of this form may be downloaded
at http://www.dol.gov/whd/fmla/index.htm
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PROFESSIONAL / SUPPORT STAFF
LEAVES OF ABSENCE WITHOUT PAY
FACT SHEET NO. 28:
THE FAMILY AND MEDICAL LEAVE ACT OF 1993
The U.S. Department of Labor's Employment Standards Administration,
Wage and Hour Division, administers and enforces the Family and Medical
Leave Act (FMLA) for all private, state and local government employees, and
some federal employees. Most federal and certain congressional employees
are also covered by the law and are subject to the jurisdiction of the U.S.
Office of Personnel Management or the Congress.
The FMLA became effective on August 5, 1993 for most employers and
entitles eligible employees to take up to twelve (12) weeks of unpaid, jobprotected leave in a twelve (12)-month period for specified family and medical
reasons. Amendments to the FMLA by the National Defense Authorization
Act for FY 2008 (NDAA). Public Law 110-181, expanded the FMLA to allow
eligible employees to take up to twelve (12) weeks of job-protected leave in
the applicable twelve (12)-month period for any "qualifying exigency" arising
out of the fact that a covered military member is on active duty, or has been
notified of an impending call or order to active duty, in support of a
contingency operation. The NDAA also amended the FMLA to allow eligible
employees to take up to twenty-six (26) weeks of job-protected leave in a
"single twelve (12)-month period" to care for a covered servicemember with a
serious injury or illness.
Employer Coverage
FMLA applies to all public agencies, including state, local and federal
employers, local education agencies (schools), and private-sector employers
who employed fifty (50) or more employees in twenty (20) or more workweeks
in the current or preceding calendar year, including joint employers and
successors of covered employers.
Employee Eligibility
To be eligible for FMLA benefits, an employee must:
work for a covered employer;
have worked for the employer for a total of twelve (12) months;
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have worked at least one thousand two hundred fifty (1,250) hours over
the previous twelve (12) months; and
work at a location in the United States or in any territory or possession
of the United States where at least fifty (50) employees are employed by
the employer within seventy-five (75) miles.
While the twelve (12) months of employment need not be consecutive,
employment periods prior to a break in service of seven (7) years or more
need not be counted unless the break is occasioned by the employee's
fulfillment of his or her National Guard or Reserve military obligation (as
protected under the Uniformed Services Employment and Reemployment
Rights Act (USERRA)), or a written agreement, including a collective
bargaining agreement, exists concerning the employer's intention to rehire
the employee after the break in service. See, special rules for returning
reservists under USERRA.
Leave Entitlement
A covered employer must grant an eligible employee up to a total of twelve
(12) workweeks of unpaid leave during any twelve (12)-month period for one
(1) or more of the following reasons:
For the birth and care of a newborn child of the employee;
For placement with the employee of a son or daughter for adoption or
foster care;
To care for a spouse, son, daughter, or parent with a serious health
condition;
To take medical leave when the employee is unable to work because of a
serious health condition; or
For qualifying exigencies arising out of the fact that the employee's
spouse, son, daughter, or parent is on active duty or call to active duty
status as a member of the National Guard or Reserves in support of a
contingency operation.
A covered employer also must grant an eligible employee who is a spouse,
son, daughter, parent, or next of kin of a current member of the Armed
Forces, including a member of the National Guard or Reserves, with a serious
injury or illness up to a total of twenty-six (26) workweeks of unpaid leave
during a "single twelve (12)-month period" to care for the servicemember.
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Spouses employed by the same employer are limited in the amount of family
leave they may take for the birth and care of a newborn child, placement of a
child for adoption or foster care, or to care for a parent who has a serious
health condition to a combined total of twelve (12) weeks (or twenty-six [26]
weeks if leave to care for a covered servicemember with a serious injury or
illness is also used). Leave for birth and care, or placement for adoption or
foster care, must conclude within twelve (12) months of the birth or
placement.
Under some circumstances, employees may take FMLA leave intermittently taking leave in separate blocks of time for a single qualifying reason - or on a
reduced leave schedule - reducing the employee's usual weekly or daily work
schedule. When leave is needed for planned medical treatment, the employee
must make a reasonable effort to schedule treatment so as not to unduly
disrupt the employer's operation. If FMLA leave is for birth and care, or
placement for adoption or foster care, use of intermittent leave is subject to
the employer's approval.
Under certain conditions, employees or employers may choose to "substitute"
(run concurrently) accrued paid leave (such as sick or vacation leave) to cover
some or all of the FMLA leave. An employee's ability to substitute accrued
paid leave is determined by the terms and conditions of the employer's
normal leave policy.
"Serious health condition" means an illness, injury, impairment, or physical
or mental condition that involves either:
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or
residential medical-care facility, including any period of incapacity (i.e.,
inability to work, attend school, or perform other regular daily
activities) or subsequent treatment in connection with such inpatient
care; or
Continuing treatment by a health care provider, which includes:
A period of incapacity lasting more than three (3) consecutive, full
calendar days, and any subsequent treatment or period of
incapacity relating to the same condition, that also includes:
treatment two (2) or more times by or under the
supervision of a health care provider (i.e., in-person visits,
the first within seven (7) days and both within thirty (30)
days of the first day of incapacity); or
one (1) treatment by a health care provider (i.e., an inperson visit within seven (7) days of the first day of
incapacity) with a continuing regimen of treatment (e.g.,
prescription medication, physical therapy); or
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Any period of incapacity related to pregnancy or for prenatal care.
A visit to the health care provider is not necessary for each
absence; or
Any period of incapacity or treatment for a chronic serious health
condition which continues over an extended period of time,
requires periodic visits (at least twice a year) to a health care
provider, and may involve occasional episodes of incapacity. A
visit to a health care provider is not necessary for each absence; or
A period of incapacity that is permanent or long-term due to a
condition for which treatment may not be effective.
Only
supervision by a health care provider is required, rather than
active treatment; or
Any absences to receive multiple treatments for restorative
surgery or for a condition that would likely result in a period of
incapacity of more than three (3) days if not treated.
Maintenance of Health Benefits
A covered employer is required to maintain group health insurance coverage
for an employee on FMLA leave whenever such insurance was provided
before the leave was taken and on the same terms as if the employee had
continued to work. If applicable, arrangements will need to be made for
employees to pay their share of health insurance premiums while on leave.
In some instances, the employer may recover premiums it paid to maintain
health coverage for an employee who fails to return to work from FMLA
leave.
Job Restoration
Upon return from FMLA leave, an employee must be restored to the
employee's original job, or to an equivalent job with equivalent pay, benefits,
and other terms and conditions of employment. An employee's use of FMLA
leave cannot result in the loss of any employment benefit that the employee
earned or was entitled to before using FMLA leave, nor be counted against
the employee under a "no fault" attendance policy. If a bonus or other
payment, however, is based on the achievement of a specified goal such as
hours worked, products sold, or perfect attendance, and the employee has not
met the goal due to FMLA leave, payment may be denied unless it is paid to
an employee on equivalent leave status for a reason that does not qualify as
FMLA leave.
An employee has no greater right to restoration or to other benefits and
conditions of employment than if the employee had been continuously
employed.
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Notice and Certification
Employee Notice
Employees seeking to use FMLA leave are required to provide thirty (30)-day
advance notice of the need to take FMLA leave when the need is foreseeable
and such notice is practicable. If leave is foreseeable less than thirty (30)
days in advance, the employee must provide notice as soon as practicable generally, either the same or next business day. When the need for leave is
not foreseeable, the employee must provide notice to the employer as soon as
practicable under the facts and circumstances of the particular case. Absent
unusual circumstances, employees must comply with the employer's usual
and customary notice and procedural requirements for requesting leave.
Employees must provide sufficient information for an employer reasonably to
determine whether the FMLA may apply to the leave request. Depending on
the situation, such information may include that the employee is
incapacitated due to pregnancy, has been hospitalized overnight, is unable to
perform the functions of the job, and/or that the employee or employee's
qualifying family member is under the continuing care of a health care
provider.
When an employee seeks leave for a FMLA-qualifying reason for the first
time, the employee need not expressly assert FMLA rights or even mention
the FMLA. When an employee seeks leave, however, due to a FMLAqualifying reason for which the employer has previously provided the
employee FMLA-protected leave, the employee must specifically reference
either the qualifying reason for leave or the need for FMLA leave.
Employer Notice
Covered employers must post a notice approved by the Secretary of Labor
explaining rights and responsibilities under FMLA. An employer that
willfully violates this posting requirement may be subject to a fine of up to
one hundred ten dollars ($110) for each separate offense. Additionally,
employers must either include this general notice in employee handbooks or
other written guidance to employees concerning benefits, or must distribute a
copy of the notice to each new employee upon hiring.
When an employee requests FMLA leave or the employer acquires knowledge
that leave may be for a FMLA purpose, the employer must notify the
employee of his or her eligibility to take leave, and inform the employee of
his/her rights and responsibilities under FMLA. When the employer has
enough information to determine that leave is being taken for a FMLAqualifying reason, the employer must notify the employee that the leave is
designated and will be counted as FMLA leave.
PARADISE SCHOOLS
2/7/13
Page 5 of 6
GC-2935
© 2012 Arizona School Boards Association
EXHIBIT
GCCC-EE
EXHIBIT
Certification
Employers may require that an employee's request for leave due to a serious
health condition affecting the employee or a covered family member be
supported by a certification from a health care provider. An employer may
require second or third medical opinions (at the employer's expense) and
periodic recertification of a serious health condition. An employer may use a
health care provider, a human resource professional, a leave administrator,
or a management official - but not the employee's direct supervisor - to
authenticate or clarify a medical certification of a serious health condition.
An employer may have a uniformly-applied policy requiring employees
returning from leave for their own serious health condition to submit a
certification that they are able to resume work. If reasonable safety concerns
exist, an employer may, under certain circumstances, require such a
certification for employees returning from intermittent FMLA leave.
Unlawful Acts
It is unlawful for any employer to interfere with, restrain, or deny the
exercise of any right provided by FMLA. It is also unlawful for an employer
to discharge or discriminate against any individual for opposing any practice,
or because of involvement in any proceeding, related to FMLA.
Enforcement
The Wage and Hour Division investigates complaints. If violations cannot be
satisfactorily resolved, the U.S. Department of Labor may bring action in
court to compel compliance. Individuals may also be able to bring a private
civil action against an employer for violations.
Other Provisions
Special rules apply to employees of local education agencies. Generally, these
rules apply to intermittent leave or when leave is required near the end of a
school term.
Salaried executive, administrative, and professional employees of covered
employers who meet the Fair Labor Standards Act (FLSA) criteria for
exemption from minimum wage and overtime under Regulations, 29 C.F.R.
Part 541, do not lose their FLSA-exempt status by using any unpaid FMLA
leave. This special exception to the "salary basis" requirements for FLSA's
exemption extends only to an "eligible" employee's use of leave required by
FMLA.
For additional information, visit the Wage and Hour Division Website:
http://www.wagehour.dol.gov and/or call the toll-free information and
helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866- 4USWAGE (1866-487-9243).
PARADISE SCHOOLS
2/7/13
Page 6 of 6
GC-2950
© 2012 Arizona School Boards Association
GCCD
PROFESSIONAL / SUPPORT STAFF
MILITARY / LEGAL LEAVE
The Governing Body recognizes the fact that its employees have citizenship
responsibilities, and, in order to make it possible for said employees to carry
out their responsibilities to the city, county, state, or nation, the Governing
Body will grant leaves, in addition to jury duty, when an employee is called to
attend field training services for the Military Reserve or National Guard and
when an employee is a victim of a juvenile or adult crime exercising a right to
be present at a proceeding as defined in statute.
When an employee receives notice that requires leave as delineated above, it
is the responsibility of the employee to notify the Executive Director or
administrator.
Jury Duty
It is recognized by the Governing Body that no employee is exempt from jury
duty and that leaves of absence for such duty must be granted.
Only the regular salary may be received by an employee on jury duty.
It is the responsibility of the employee to reimburse the School for
jury duty pay when such payment is made directly to the
employee. Failure to reimburse the School at the completion of
the jury duty service will result in a full deduction equal to the
number of contract days missed.
An employee excused from jury duty after being summoned shall
report for regular duty as soon as possible. Failure to report for
duty will result in a deduction equal to that portion of a contract
day missed [A.R.S. 21-236].
Victim Leave
Statute provides that an employer who has fifty (50) or more employees shall
permit an employee leave if the employee is the victim of juvenile or adult
crime and is exercising a right to be present at a proceeding as defined in
A.R.S. 8-420 or 13-4439. Compensation may be provided if the employee has
available vacation or to the extent other leave may be available by policy.
An employee's accrued vacation, personal, sick or other applicable leave
shall be used to the extent available by policy.
If paid leave is unavailable, the employee must request an unpaid leave
of absence in accord with policy.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
GC-2950
© 2012 Arizona School Boards Association
GCCD
Before an employee may leave work for this purpose, the employee shall
provide the employer with a copy of the form provided by law
enforcement and if applicable a copy of the information the law
enforcement agency provides the employee pursuant to either A.R.S. 8386 or 13-4405.
Leave for this purpose may be limited if the leave creates an undue
hardship to the employer's business.
Military Leave
An employee who is a member of the Military Reserve or National
Guard shall be entitled to leave of absence without loss of pay, time, or
efficiency rating when engaged in field training [A.R.S. 26-168 and 38610].
An employee who is a member of the uniformed service may use any
vacation leave or other accumulated paid time off during their service,
or may take unpaid leave of absence.
The School must reemploy uniformed service members, as defined in 38
U.S.C. 4303, returning from a period of service, if the service member:
Was employed by the School.
Gave the School notice that he or she was leaving the job for
service in the uniformed services, unless giving notice was
precluded by military necessity or otherwise impossible or
unreasonable.
Has a cumulative period of service in the uniformed services not
exceeding five (5) years.
Was not released from service under dishonorable or other
punitive conditions.
Has reported back to the School in a timely manner or has
submitted a timely application for reemployment in accordance
with the Uniformed Services Employment and Reemployment
Rights Act.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 1-305
15-502
8-386
16-402
8-420
21-236
13-4405
26-168
38 U.S.C. 4301 et seq., Uniformed Services Employment and
Reemployment Rights Act
A.G.O. I80-177
38-610
PARADISE SCHOOLS
2/7/13
Page 2 of 2
GC-2981
© 2012 Arizona School Boards Association
EXHIBIT
GCCD-E
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
MILITARY / LEGAL LEAVE
Part 200 – Regulations Under the Uniformed Services
Employment and Reemployment Rights Act of 1994
Appendix to Part 1002 - Your
Rights Under USERRA
The Uniformed Services
Reemployment Rights Act
Employment
and
USERRA protects the job rights of individuals who
voluntarily or involuntarily leave employment
positions to undertake military service or certain
types of service in the National Disaster Medical
System. USERRA also prohibits employers from
discriminating against past and present members of
the uniformed services, and applicants to the
uniformed services.
Reemployment Rights
In addition, an employer may not retaliate against
anyone assisting in the enforcement of USERRA
rights, including testifying or making a statement in
connection with a proceeding under USERRA, even if
that person has no service connection.
Health Insurance Protection

If you leave your job to perform military service,
you have the right to elect to continue your
existing employer-based health plan coverage
for you and your dependents for up to 24 months
while in the military.

Even if you don't elect to continue coverage
during your military service, you have the right
to be reinstated in your employer's health plan
when you are reemployed, generally without
any waiting periods or exclusions (e.g., preexisting condition exclusions) except for serviceconnected illnesses or injuries.
You have the right to be reemployed in your civilian
job if you leave that job to perform service in the
uniformed service and:

you ensure that your employer receives advance
written or verbal notice of your service;

you have five years or less of cumulative service
in the uniformed services while with that
particular employer;

you return to work or apply for reemployment in
a timely manner after conclusion of service; and

you have not been separated from service with a
disqualifying discharge or under other than
honorable conditions.
If you are eligible to be reemployed, you must be
restored to the job and benefits you would have
attained if you had not been absent due to military
service or, in some cases, a comparable job.
Enforcement

The U.S. Department of Labor, Veterans
Employment and Training Service (VETS) is
authorized to investigate and resolve complaints
of USERRA violations.

For assistance in filing a complaint, or for any
other information on USERRA, contact VETS at
1-866-4-USA-DOL or visit its website at
http://www.dol.gov/vets. An interactive online
USERRA
Advisor
can
be
viewed
at
http://www.dol.gov/elaws/userra.htm.

If you file a complaint with VETS and VETS is
unable to resolve it, you may request that your
case be referred to the the Department of
Justice for representation

You may also bypass the VETS process and
bring a civil action against an employer for
violations of USERRA.
Right to be Free from Discrimination and
Retaliation
If you:

are a past or present member of the uniformed
service;

have applied for membership in the uniformed
service; or

are obligated to serve in the uniformed service;
then an employer may not deny you:

initial employment;

reemployment;

retention in employment;

promotion; or

any benefit of employment
because of this status.
PARADISE SCHOOLS
2/7/13
The rights listed here may vary depending on the
circumstances. This notice was prepared by VETS,
and may be viewed on the Internet at this address:
http://www.dol.gov/vets/programs/ userra/poster.htm.
Federal law requires employers to notify employees
of their rights under USERRA, and employers may
meet this requirement by displaying this notice
where they customarily place notices for employees.
U.S. Department of Labor, Veterans
Employment and Training Service
Washington, DC 20210
1-866-487-2365
Page 1 of 1
GC-3100
GCCG
PROFESSIONAL STAFF VOLUNTARY
TRANSFER OF ACCRUED SICK LEAVE
Donating Paid Time Off
Purpose
Paradise Schools ("PEC/PHHS" or the "School") has implemented this policy
regarding donating paid time off ("PTO") to provide assistance to employees
who may be in need of PTO but have exhausted all other such benefits.
Employees may donate their unused, but accrued PTO to a receiving
employee for unpaid absences resulting from either: 1) certain approved
Family and Medical Leave Act (FMLA)-qualified leaves exceeding three (3)
consecutive business days; or 2) a medical emergency. If the identified need
is consistent with the general intent of this policy, and the request is
approved at the sole discretion by the Executive Director, unused and
accrued PTO may be transferred from the Donor's PTO bank to the
Recipient's PTO bank as outlined below.
Adopted: date of Handbook adoption
PARADISE SCHOOLS
2/7/13
Page 1 of 1
GC-3150
GCCH
PROFESSIONAL / SUPPORT STAFF
BEREAVEMENT LEAVE
BEREAVEMENT/EMERGENCY LEAVE
Employees who experience a death or serious illness in their immediate
family will be granted up to three (3) days of bereavement/emergency leave of
absence, with pay, for in-state family and up to five (5) days of bereavement/
emergency leave of absence, with pay, for out-of-state family. If necessary, an
employee may request from the Executive Director additional days of
excused, unpaid, days off.
Paradise Schools (PEC/PHHS) defines "immediate family" as the employee's
parent, present spouse, child, sibling, grandparent, present parent-in-law,
present daughter/son-in-law, present grandparent-in-law, and legal guardian.
Adopted: date of Handbook adoption
PARADISE SCHOOLS
2/7/13
Page 1 of 1
GC-3450
© 2012 Arizona School Boards Association
GCF
PROFESSIONAL / SUPPORT STAFF
HIRING
It shall be the policy of the School to employ and retain the best qualified
personnel. This will be accomplished by giving careful consideration to
qualifications and by providing competitive salary schedules within the
financial capability of the School, adequate facilities, and good working
conditions.
There will be no discrimination in the hiring process due to race, color,
religion, sex, age, national origin, or disability of an otherwise qualified
individual.
Candidates for all teaching positions shall be able to deliver quality
instruction.
Each candidate shall be requested to complete a consent-and-release
form regarding conduct of a background investigation.
A "background investigation" - consisting of communication with the
applicant's (or employee's) former employer that concerns education,
training, experience, qualifications, and job performance for the purpose
of evaluation for employment - shall be conducted on each individual to
be considered for a recommendation of employment. Forms developed
for this purpose are to be used.
Any employee's misstatement of fact that is material to qualifications for
employment or the determination of salary shall be considered by the
Governing Body to constitute grounds for dismissal.
A school may hire and place a noncertificated employee into service before
receiving the results of the mandatory fingerprint check. However, until
fingerprint clearance has been received, an applicant who is required or
allowed to have unsupervised contact with pupils cannot be hired and placed
into service until:
The School documents in the applicant's file the necessity for hiring and
placing the applicant into service before a fingerprint check can be
completed.
The School obtains from the Department of Public Safety a statewide
criminal history information check on the applicant. Subsequent
criminal history checks are also required every one hundred twenty
(120) days until the date that the fingerprint check is completed.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
GC-3450
GCF
© 2012 Arizona School Boards Association
The School obtains references from the applicant's current employer
and two (2) most recent previous employers, except that for applicants
who have been employed for at least five (5) years by the most recent
employer, only references from that employer are required.
The School provides general supervision of the applicant until the date
the fingerprint check is completed.
The School reports to the State Superintendent of Public Instruction on June
30 and December 31 the number of applicants hired prior to the completion of
a fingerprint check and the number of applicants for whom fingerprint checks
have not been received after one hundred twenty (120) days and after one
hundred seventy-five (175) days of hire.
Upon recommendation for employment the School shall confirm employment
authorization and employment eligibility verification by participating in the
E-Verify program of the Department of Homeland Security's (DHS) U.S.
Citizenship and Immigration Services Bureau (USCIS) and the Social
Security Administration (SSA). The School will then complete the Form I-9
as required and maintain the form with copies of the necessary documents
and documentation of the authorization and verification pending any inquiry.
Any person who permits unauthorized access to criminal history record
information, releases criminal history record information, or procures the
release or uses criminal history record information other than in accord with
A.R.S. 41-1750 is guilty of a class 6 felony.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-3716
15-550
23-211
23-212
38-201
38-231
38-232
38-766.01
41-1756
CROSS REF.:
GCB - Professional Staff Contracts and Compensation
GCO - Evaluation of Professional Staff Members
PARADISE SCHOOLS
2/7/13
Page 2 of 2
GC-3461
GCF-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
PROFESSIONAL / SUPPORT STAFF
HIRING
Definition
A background investigation is defined as any communication with an
applicant's (or employee's) former employer that concerns the education,
training, experience, qualifications, and job performance of the individual
and that is used for the purpose of evaluation for employment. Background
investigation does not include the results of any state or federal criminal
history records check.
Background Investigation Requirements
Only persons designated by the Executive Director shall perform background
investigations. Prior to contacting former employers or other persons, the
background investigator shall:
Ascertain that the standard employment application for the type of
position has been completed in full.
Obtain from the individual a consent to background investigation and
release as determined by the School.
Make certain that the individual has identified at least two (2) persons
from each past employer who can verify basic job information and
discuss the individual's work performance and reason for leaving.
Examine the application for a complete work history, accounting for any
gaps in employment.
Two (2) persons should be contacted at each past employer if possible (any
exceptions should be documented). Upon making contact, the contacts or the
former employer or employer's agent should be provided the following
information:
The name and identifying information of the School.
The name of the School representative making the inquiry and how the
representative can be contacted.
The name of the former employee and period of employment as
indicated by the individual whose background is being investigated.
The position for which the individual has applied, with descriptive
information as to the duties, if requested or necessary to understanding
of the inquiry.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
GC-3461
© 2012 Arizona School Boards Association
REGULATION
GCF-R
REGULATION
The background investigator shall:
Ask the questions, and complete the background check form(s) as
provided by the School.
Make impression notes as necessary based upon the questions and
responses, and determine if there may be cause to contact others or
make further inquiries based upon the responses.
Provide the information to the Executive Director.
PARADISE SCHOOLS
2/7/13
Page 2 of 2
GC-3481
© 2012 Arizona School Boards Association
EXHIBIT
GCF-EA
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
HIRING
CONSENT TO CONDUCT BACKGROUND
INVESTIGATION AND RELEASE
I, ______________________________________ [applicant's name], have applied
for employment with the Paradise Schools to work as a
______________________________ [job title]. I understand that in order for the
School to determine my eligibility, qualifications, and suitability for
employment, the School will conduct a background investigation to determine
if I am to be considered for an offer of employment. This investigation may
include asking my current employer, any former employer, and any
educational institution I have attended about my education, training,
experience, qualifications, job performance, professional conduct, and
evaluations, as well as confirming my dates of employment or enrollment,
position(s) held, reason(s) for leaving employment, whether I could be
rehired, reasons for not rehiring (if applicable), and similar information.
I hereby give my consent for any employer or educational institution to
release any information requested in connection with this background
investigation.
According to the Family Educational Rights and Privacy Act, I understand
that I have a right to see most education records that are maintained by any
educational institution.
In light of the preceding paragraph, I waive ________/do not waive ________
(initial only one [1]) my right to see any written reference or other
information provided to the School by any educational institution.
According to Arizona Revised Statutes Section 23-1361, any employer that
provides a written communication to the School regarding my current or past
employment must send me a copy at my last known address. I acknowledge
that some employers are unwilling to provide factual written references
concerning a current or past employee unless they may do so confidentially,
without revealing the references to the employee, and that the School will not
further consider my application if it cannot complete its background
investigation.
In light of the preceding paragraph, I waive ________/do not waive ________
(initial only one [1]) my right to receive a copy of any written communication
furnished to the School by any employer.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
GC-3481
© 2012 Arizona School Boards Association
EXHIBIT
GCF-EA
EXHIBIT
Whether or not I have waived my right to see or to receive copies of written
references furnished to the School by employers or educational institutions, I
release, hold harmless, and agree not to sue or file any claim of any kind
against any current or former employer or educational institution, and any
officer or employee of either, that in good faith furnishes written or oral
references requested by this School to complete its background investigation.
A photocopy or facsimile ("fax") copy of this form that shows my signature
shall be as valid as an original.
DATED this _________________ day of _____________________________, 20___.
________________________________
Witness
PARADISE SCHOOLS
2/7/13
________________________________
Applicant
Page 2 of 2
GC-3482
© 2012 Arizona School Boards Association
EXHIBIT
GCF-EB
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
HIRING
BACKGROUND CHECK FORM
Applicant
_____________________________________ Date _________________
Person contacted ___________________________ Telephone ________________
Address
____________________________________________________________
E-mail address _________________________________________________________
Relationship to applicant:

Former employer - position _______________________________________
School, business, or other entity

__________________________________
Personal reference
Method of contact:  Telephone  Letter  Other ______________________
QUESTIONS FOR EMPLOYERS
Dates of employment
________________________________________________
Position held
______________________________________________________
Final rate of pay
______________________________________________________
Was the person reliable? ___________ If no, explain ______________________
Was the person satisfactory? ________ If no, explain ______________________
Any concern about the person being
late to work without authorization?
____________________________________
If yes, explain _______________________________________________________
Any concern with abuse of leave policies
(such as sick leave or personal leave)? ____________________________________
If yes, explain _______________________________________________________
Any difficulty establishing communication and rapport with children?
____________________________________
If yes, explain _______________________________________________________
PARADISE SCHOOLS
2/7/13
Page 1 of 3
GC-3482
© 2012 Arizona School Boards Association
EXHIBIT
GCF-EB
EXHIBIT
Any difficulties in establishing communication and rapport with supervisors, parents, or community members?
__________________
If yes, explain _______________________________________________________
Did the person ever receive a written counseling
statement, letter of direction, or reprimand? ______________________________
If yes, describe ______________________________________________________
Did the School ever consider taking action or take action
to suspend, decline to renew, or dismiss the employee?
__________________
If yes, describe ______________________________________________________
Was there ever an allegation or complaint about:
Abusive language?
________________________________________________
Insulting or derogatory comments? ____________________________________
Inappropriate contact with a child? ____________________________________
Verbal or physical contact of a sexual nature?
Dishonesty?
________________________
______________________________________________________
Substance abuse?
________________________________________________
Failure to provide adequate supervision? ______________________________
Failure to follow reasonable directions or instructions? __________________
If yes on any of the above, get explanation
______________________________
_____________________________________________________________________
Was the person ever involved in an incident
that resulted in injury to an adult or child? ______________________________
If yes, explain _______________________________________________________
Would you rehire this person?
__________________________________________
_____________________________________________________________________
Can you identify anyone else who could provide relevant information regarding the applicant's fitness for employment? __________________
_____________________________________________________________________
PARADISE SCHOOLS
2/7/13
Page 2 of 3
GC-3482
© 2012 Arizona School Boards Association
EXHIBIT
GCF-EB
EXHIBIT
Is there any other information I have not asked about that
would help us determine this person's eligibility, qualifications, and suitability for employment with our School? __________________
_____________________________________________________________________
QUESTIONS FOR PERSONAL REFERENCE
How long have you known the applicant?
______________________________
What is the nature of your relationship?
______________________________
Why do you think the applicant would be a good choice for this position?
_____________________________________________________________________
Do you know of any reasons that could prevent the applicant from fulfilling the functions of the position? ________________________
_____________________________________________________________________
Background check form completed by ____________________________________
Date completed
______________________________________________________
PARADISE SCHOOLS
2/7/13
Page 3 of 3
GC-3483
© 2012 Arizona School Boards Association
EXHIBIT
GCF-EC
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
HIRING
AFFIRMATION OF A RETIRED EMPLOYEE
UPON RETURN TO EMPLOYMENT
To satisfy the requirements of A.R.S. 38-766.01, and to retain my eligibility to
receive retirement benefits from the Arizona State Retirement System
(ASRS) following my return to employment following a qualified retirement,
by my signature below I affirm my awareness and acceptance of the following
provisions:
I have attained a normal retirement age as defined by the ASRS.
I am returning to greater than half (1/2) time employment not sooner
than twelve (12) months following my termination of full time
employment for the purpose of retirement.
If I return to work as a certificated teacher, my employment is not
subject to the requirements prescribed in A.R.S. 15-538, 15-538.01, and
15-539 through 15-543.
I understand that:
pursuant to A.R.S. 38-766.01 my election to return to work is
irrevocable for the remainder of the employment for which I have
made this election, and
I must make this acknowledgement in writing and file it with my
employer within thirty (30) days of returning to work.
__________________________________________
Signature
PARADISE SCHOOLS
2/7/13
_______________________
Date
Page 1 of 1
GC-3484
© 2012 Arizona School Boards Association
EXHIBIT
GCF-ED
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
HIRING
NOTICE OF EMPLOYMENT
You are hereby notified that, pursuant to action taken at a meeting of the
Paradise Schools' Governing Body held on
(1)
been employed for the position of
beginning
hour.
(3)
, you have
(2)
, at the rate of
,
(4)
per
A work schedule for the position is enclosed, which includes
information on holidays and nonwork days.
Your employment may be terminated by the School or by you, with or without
cause, upon giving the other party ten (10) working days' notice. No
legitimate expectation of continued employment beyond the ten (10) days'
notice, as required in this paragraph, is created by this employment,
understandings with the Governing Body or its agents, or interpretations of
Governing Body policies. You are expected to comply with the requirements
of the job description and Governing Body policies while employed by the
School.
_____________________________
Employee Signature
________________________
Date
_____________________________
Executive Director Signature
________________________
Date
Key to numbers in blanks:
(1)
(2)
(3)
(4)
PARADISE SCHOOLS
2/7/13
Date of meeting
Title of position
Date that duties begin
Hourly rate of pay
Page 1 of 1
GC-3485
© 2012 Arizona School Boards Association
EXHIBIT
GCF-EE
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
HIRING
WAGE NOTICE
You are hereby notified that, pursuant to action taken at a meeting of the
Paradise Schools' Governing Body held on
wages have been set at the rate of
on
(3)
(1)
(2)
, your
per hour, effective
.
_____________________________
Employee Signature
________________________
Date
_____________________________
Executive Director Signature
________________________
Date
Key to numbers in blanks:
(1) Date of meeting
(2) Hourly rate of pay
(3) Effective date of hourly pa
PARADISE SCHOOLS
2/7/13
Page 1 of 1
GC-3486
© 2012 Arizona School Boards Association
EXHIBIT
GCF-EF
EXHIBIT
PROFESSIONAL STAFF HIRING
PROCEDURES AND PRACTICES FOR EMPLOYMENT AUTHORIZATION
AND EMPLOYMENT ELIGIBILITY VERIFICATION
Anti-Discrimination Notice.
It is illegal to discriminate against any
individual (other than an alien not authorized to work in the U.S.) in hiring,
discharging, or recruiting or referring for a fee because of that individual's
national origin or citizenship status. It is illegal to discriminate against work
eligible individuals. Employers cannot specify which document(s) they will
accept from an employee. The refusal to hire an individual because of a
future expiration date may also constitute illegal discrimination.
Employment Authorization
Procedure
Effective January 1, 2008, Arizona schools must use the federal governments
Basic Pilot Program to verify the employment authorization of all newly
hired employees.
The Department of Homeland Security's (DHS) U.S. Citizenship and
Immigration Services Bureau (USCIS) and the Social Security
Administration (SSA) are jointly conducting E-Verify, formerly known as the
Basic Pilot. E-Verify involves verification checks of the SSA and DHS
databases, using an automated system to verify the employment
authorization of all newly hired employees.
There are four (4) types of access to E-Verify: As an employer, as a
designated agent for employers, as a multi-location corporate administrator,
or through a web service.
Users can access the web-based access methods using any Internet-capable
Windows based personal computer and a web browser of Internet Explorer
5.5 or Netscape 4.7 or higher (with the exception of Netscape 7.0).
To participate, an employer must register online and accept the electronic
Memorandum of Understanding (MOU) that sets forth the responsibilities of
the SSA, USCIS and the employer.
The following e-mail address should take you to the start site for E-Verify:
https://www.vis-dhs.com/employerregistration/StartPage.aspx?JS=YES
If you need assistance in completing the registration process or need
additional information relating to E-Verify, please call the Office of
Verification toll free at 1-888-464-4218.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
GC-3486
© 2012 Arizona School Boards Association
EXHIBIT
GCF-EF
EXHIBIT
I-9 Form Completion
The Immigration Reform and Control Act of 1986 (IRCA) requires that all
new employees, both regular and casual, establish their eligibility for
employment in the United States. This federal law applies to U.S. citizens as
well as to foreign nationals. An Employment Eligibility Verification (Form I9) must be completed within three (3) business days of the employee's hire
date. Employees who do not provide the necessary documentation within
three (3) business days must be discharged.
PARADISE SCHOOLS
2/7/13
Page 2 of 2
GC-3550
GCFC
© 2012 Arizona School Boards Association
PROFESSIONAL / SUPPORT STAFF
CERTIFICATION
AND CREDENTIALING REQUIREMENTS
(Fingerprinting Requirements)
All persons engaged in instructional work directly as a classroom, laboratory
or other teacher or indirectly as a supervisory teacher, speech therapist or
administrator shall have a valid fingerprint clearance card.
All other personnel shall be fingerprint checked pursuant to section 15-512.
The candidate's fingerprints shall be submitted, along with the form
prescribed within twenty (20) days after the date an employee begins work.
The form shall be considered a part of the application for employment. The
School may terminate an employee if the information on the affidavit
required by A.R.S. 15-512 is inconsistent with the fingerprint test results.
The Employee Volunteers will assume the cost of fingerprint checks.
Individuals shall certify on the prescribed notarized forms whether they are
awaiting trial on or have ever been convicted of or admitted in open court or
pursuant to a plea agreement committing any of the following criminal
offenses in Arizona or similar offenses in any other jurisdiction:
Sexual abuse of a minor.
Incest.
First- or second-degree murder.
Kidnapping.
Arson.
Sexual assault.
Sexual exploitation of a minor.
Felony offenses involving contributing to the delinquency of a minor.
Commercial sexual exploitation of a minor.
Felony offenses involving sale, distribution, or transportation of, offer to
sell, transport, or distribute, or conspiracy to sell, transport, or
distribute marijuana or dangerous or narcotic drugs.
PARADISE SCHOOLS
2/7/13
Page 1 of 3
GC-3550
GCFC
© 2012 Arizona School Boards Association
Felony offenses involving the possession or use of marijuana, dangerous
drugs, or narcotic drugs.
Misdemeanor offenses involving the possession or use of marijuana or
dangerous drugs.
Burglary in the first degree.
Burglary in the second or third degree.
Aggravated or armed robbery.
Robbery.
A dangerous crime against children as defined in A.R.S. 13-705.
Child abuse.
Sexual conduct with a minor.
Molestation of a child.
Manslaughter.
Aggravated assault.
Assault.
Exploitation of minors involving drug offenses.
A person who makes a false statement, representation, or certification in any
application for employment with the School is guilty of a class 3
misdemeanor.
The School may refuse to hire or may review or terminate personnel who
have been convicted of or admitted committing any of the criminal offenses
above or a similar offense in another jurisdiction. In conducting a review, the
School Governing Body shall utilize the guidelines, including the list of
offenses that are not subject to review, as prescribed by the State Board of
Education pursuant to A.R.S. 15-534. In considering whether to hire or
terminate the employment of a person, the School Governing Body shall take
into account the factors listed in A.R.S. 15-512.
When considering termination of an employee pursuant to A.R.S. 15-512, a
hearing shall be held to determine whether a person already employed shall
be terminated.
PARADISE SCHOOLS
2/7/13
Page 2 of 3
GC-3550
© 2012 Arizona School Boards Association
GCFC
The Executive Director shall develop and implement procedures that include
the following in the employment process:
Provide for fingerprinting of employees covered under this policy and
A.R.S. 15-512.
Provide for fingerprint checks pursuant to A.R.S. 41-1750.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-512
15-534
41-1750
CROSS REF.:
GCF - Professional Staff Hiring
IJOC - School Volunteers
PARADISE SCHOOLS
2/7/13
Page 3 of 3
GC-3581
GCFC-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
CERTIFICATION
AND CREDENTIALING REQUIREMENTS
_______________________________
Name (typed or printed)
_________________________________
Position
I, ___________________________________, being duly sworn, do hereby certify
that I have never been convicted of or admitted in open court or pursuant to a
plea agreement committing, and am not now awaiting trial for committing,
any of the following criminal offenses in the state of Arizona or similar
offenses in any other jurisdiction:
Sexual abuse of a minor
Incest
First- or second-degree murder
Kidnapping
Arson
Sexual assault
Sexual exploitation of a minor
Felony offenses involving contributing to the delinquency of a minor
Commercial sexual exploitation of a
minor
Felony offenses involving sale,
distribution, or transportation of,
offer to sell, transport, or distribute,
or conspiracy to sell, transport, or
distribute marijuana or dangerous
or narcotic drugs
Felony offenses involving the
possession or use of marijuana,
dangerous drugs or narcotic drugs
Misdemeanor offenses involving the
possession or use of marijuana or
dangerous drugs
Burglary in the first degree
Burglary in the second or third degree
Aggravated or armed robbery
Robbery
A dangerous crime against children as
defined in A.R.S. 13-705
Child abuse
Sexual conduct with a minor
Molestation of a child
Manslaughter
Assault or Aggravated assault
Exploitation of minors involving drug
offenses
____________________________________
_________________________________
Employee signature
Date signed
Subscribed, sworn to, and acknowledged before me by _____________________
______________________________, this ______ day of ________________, 20____,
in _____________________________ County, Arizona.
My Commission Expires
_______________________________________
_________________________
Notary Public
PARADISE SCHOOLS
2/7/13
Page 1 of 1
GC-3700
© 2012 Arizona School Boards Association
GCFE
PROFESSIONAL / SUPPORT STAFF
HIRING - OATH OF OFFICE
Every school employee shall take and subscribe to the oath prescribed for
public officers pursuant to A.R.S. 38-231. The person taking the oath shall
file a copy of the acknowledged oath in the School office. The School office
shall keep such copy on file as long as the employee remains employed by the
School and for a period of five (5) years after termination of employment with
the School.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 38-231
PARADISE SCHOOLS
2/7/13
Page 1 of 1
GC-3731
© 2012 Arizona School Boards Association
EXHIBIT
GCFE-E
EXHIBIT
PROFESSIONAL / SUPPORT STAFF
HIRING - OATH OF OFFICE
In addition to any other form of oath or affirmation specifically provided by
law for an officer or employee, before entering upon the duties of office or
employment, any officer or employee shall take and subscribe to the following
oath or affirmation:
State of Arizona, County of _____________________________________________,
I, _____________________________________ [type or print name], do solemnly
swear (or affirm) that I will support the Constitution of the United States and
the Constitution and laws of the State of Arizona; that I will bear true faith
and allegiance to the same, and defend them against all enemies, foreign and
domestic, and that I will faithfully and impartially discharge the duties of the
office of ________________________________________________ [name of office]
according to the best of my ability, so help me God (or so I do affirm).
__________________________________
(Signature of officer or employee)
LEGAL REF.: A.R.S. 38-231
PARADISE SCHOOLS
2/7/13
Page 1 of 1
GC-3950
© 2012 Arizona School Boards Association
GCH
PROFESSIONAL / SUPPORT STAFF
ORIENTATION AND TRAINING
The Executive Director will establish a program to provide orientation for all
new School employees. At a minimum, this program will cover the following
items:
Goals, objectives, and programs of the School.
Personnel policies.
Sexual harassment.
Terms of employment.
General disciplinary rules and procedures.
Salary and fringe-benefit plans.
Self-improvement opportunities.
The evaluation program and name(s) of evaluator(s).
Policy on harassment and hostile environment for employees and
students.
Handling of body fluids.
Child abuse reporting responsibilities.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-341
PARADISE SCHOOLS
2/7/13
Page 1 of 1
GC-4600
© 2012 Arizona School Boards Association
GCL
PROFESSIONAL STAFF
SCHEDULES AND CALENDARS
All professional staff members shall report to their duty stations on time each
workday and shall, as scheduled, be available there until the designated
time(s) they are scheduled to leave. The Executive Director may alter or
extend the school day for meetings, special events, and activities.
Professional staff members are expected to be in their respective rooms or
work areas as the schedule prescribes so that they may see students, parents,
and/or attend to other duties as assigned. Family members are not allowed
in teacher work areas during scheduled duty hours.
In order to ensure the safety of students and the security of school campuses,
teachers may be assigned supervisory duty during the teaching day. These
duty assignments shall be considered a regular part of a teacher's duties and
shall be fulfilled accordingly.
Teachers will perform duties other than classroom teaching.
assignments will be made by the Executive Director.
Extra duty
Adopted: date of Handbook adoption
CROSS REF.:
JLIA- Supervision of Students
PARADISE SCHOOLS
2/7/13
Page 1 of 1
GC-5350
© 2012 Arizona School Boards Association
GCO
EVALUATION OF PROFESSIONAL /
SUPPORT STAFF MEMBERS
All personnel shall be evaluated by the appropriate supervisor or
administrator. A written evaluation of effectiveness of each staff member
shall be completed during the first year of employment and not later than
ninety (90) days after the first day of work. A second first-year evaluation
will be not later than the anniversary date of employment. At least once each
year thereafter, an evaluation will be conducted. The evaluation will be used
to increase job proficiency and for recommending continued employment.
Adopted: date of Handbook adoption
LEGAL REF.: A.A.C. R7-2-605
CROSS REF:
GCF - Professional Staff Hiring
GCQF - Discipline, Suspension, and Dismissal of
Professional/Support Staff Members
PARADISE SCHOOLS
2/7/13
Page 1 of 1
GC-6100
GCQF
© 2012 Arizona School Boards Association
DISCIPLINE, SUSPENSION, AND
DISMISSAL
OF PROFESSIONAL / SUPPORT STAFF
MEMBERS
Minor Disciplinary Action
A staff member may be disciplined for any conduct that, in the judgment of
the School, is inappropriate. Minor disciplinary action includes, without
limitation thereto, verbal or written reprimands, suspension with pay, or
suspension without pay for a period of five (5) days or less. Minor
disciplinary action shall be imposed by the staff member's supervisor. A staff
member who wishes to object to a minor disciplinary action shall submit a
written complaint to the supervisor's superior within five (5) work days of
receiving notice of the disciplinary action. The supervisor's superior will
review the complaint and may confer with the staff member, the supervisor,
and such other persons as the supervisor's superior deems necessary. The
decision of the supervisor's superior will be final.
Suspension without Pay for More
than Five Days
At-will employees. The employment of an at-will employee may be
suspended without pay for a period of more than five (5) days by action of the
Executive Director for any conduct by the employee that, in the judgment of
the Executive Director, is inappropriate. Before suspending an at-will
employee, the Executive Director shall inform the employee of intent to
suspend the employee and shall give the employee an informal opportunity to
explain why, in the employee's opinion, the suspension should not be
imposed. The Executive Director's decision will be final.
Term employees. The employment of a term employee may be suspended
without pay for a period of more than five (5) days by action of the Executive
Director for any conduct that, in the judgment of the Executive Director, is
inappropriate. If the Executive Director intends to suspend a term employee
without pay for more than five (5) days, the notice and hearing procedures
prescribed for the dismissal of term employees shall be followed, except that
the hearing officer shall be designated by the Executive Director and the
findings of the hearing officer shall be a final decision. At the Executive
Director's option, the Executive Director may request that the School
Governing Body act as the hearing officer. If the hearing officer or the School
Governing Body finds that there is not cause to suspend the employee
without pay for more than five (5) days, the Executive Director may, after
reviewing the findings, impose minor disciplinary action.
PARADISE SCHOOLS
2/7/13
Page 1 of 5
GC-6100
© 2012 Arizona School Boards Association
GCQF
Dismissal
At-will employees. The employment of an at-will employee may be
terminated by action of the Executive Director for no reason, without advance
notice.
If an administrator recommends that the Executive Director
terminate an at-will employee, the recommendation shall be submitted in
writing and a copy of the recommendation shall be delivered to the employee.
Term employees. The employment of a term employee may be terminated
for cause by action of the Executive Director at any time prior to the
expiration of the term of employment. For the purposes of this provision,
cause means any conduct that, in the judgment of the Executive Director, is
detrimental to the interests of the School or its personnel or students and
shall include, without limitation thereto, the following:
Absence without leave
Abuse of leave
Alcohol or drug impairment
Child abuse or molestation
Discourteous treatment of the public
Dishonesty
Excessive absenteeism
Fraud in securing employment
Improper attitude
Insubordination
Neglect of duty
Incompetence or inefficiency
Unauthorized possession of a weapon on school grounds
Unauthorized use of school property
Unlawful conduct
Use of illegal drugs
Violation of a directive of a supervisor
Violation of a School policy
PARADISE SCHOOLS
2/7/13
Page 2 of 5
GC-6100
© 2012 Arizona School Boards Association
GCQF
If the Executive Director determines that reason exists to consider
termination of a term employee a copy of the reasons shall be delivered to the
employee. The employee will be provided the opportunity to be heard in an
informal pre-disciplinary conference with the Executive Director at which
time the employee will be given an opportunity to deny or explain the
circumstances surrounding the reasons determined by the Executive
Director. If the Executive Director determines that the employee should be
terminated following such pre-disciplinary conference the employee shall be
notified in writing. The termination is not effective until one of the following
occur:
The employee signs a receipt for the disciplinary letter;
An attempt is made to personally serve the disciplinary letter, but the
employee refuses to sign for receipt of the letter. Such attempt to
personally serve the disciplinary letter shall be documented with the
signature of a witness: or
Three (3) working days have passed since the letter was mailed to the
employee's last address as contained in the school records.
The employee may submit a request to appeal the termination to the
Executive Director within five (5) work days after receipt of the notice. The
appeal shall include the action requested and must state specific facts
relating directly to the reasons for termination on which the appeal is based
so that the School Governing Body or person designated by the School
Governing Body may understand the nature of the appeal. The appeal
hearing shall be held by the School Governing Body or person designated by
the School Governing Body.
If an appeal is requested, the Executive Director shall deliver a written notice
of the time and place of the hearing, a written summary of the reasons for
termination, a list of persons whom the Executive Director expects to testify
in support of the recommendation (together with a brief summary of what
each person is expected to say), and a general description of any other
evidence that the Executive Director at the time believes may be presented
at the hearing in support of the termination. No reply to the appeal needs to
be filed. If a reply is given, it shall be transmitted to the employee and the
Governing Body or hearing officer.
Written notice of the name of the hearing officer, if any, shall be provided to
the employee by the Executive Director. Written notice of the hearing shall
be provided within not less than five (5) work days and not more than thirty
(30) calendar days after a request for hearing is submitted by the employee.
PARADISE SCHOOLS
2/7/13
Page 3 of 5
GC-6100
© 2012 Arizona School Boards Association
GCQF
The date of the hearing may be postponed by and in the sole discretion of the
School Governing Body or the hearing officer, or at the request of the
aggrieved employee for such reason or reasons as the School Governing Body
or hearing officer may deem appropriate.
The employee may be represented at the hearing by counsel, at the
employee's expense. The employee shall have the opportunity to present
witnesses and to cross-examine any witnesses presented by the Executive
Director. Formal rules of evidence shall not apply. A record of the hearing
shall be made by use of a mechanical device.
The hearing officer or Governing Body shall prepare a written statement of
findings as to whether there is cause for termination of the employee,
including a brief statement of reasons for these conclusions, and submit it to
the Executive Director within ten (10) work days after the conclusion of the
hearing. The Executive Director shall review the written statement and, if
desired, the record. The Executive Director's decision after the hearing on
whether to reinstate the employee, impose other discipline or affirm the
termination shall be a final decision unless the Governing Body determines
by a vote of at least one (1) more than a majority of those who vote that the
employee was not afforded due process rights or that this policy was not
followed in all substantive respects.
General Matters
Failure to object to a disciplinary action or take other action within the time
limitations set forth in this policy shall mean that the employee does not wish
to pursue the matter further. Complaints filed after the expiration of the
applicable time limitation will not be considered.
The filing or pendency of a complaint or other form of grievance pursuant to
this policy shall in no way limit or delay action taken by the supervisor or the
Executive Director authorized by this policy to take such action.
A complaint relating to minor disciplinary action, suspension without pay for
more than five (5) days, or dismissal shall not be processed as a grievance.
None of the procedures of this policy shall alter the status of an at-will
employee.
This policy does not apply to:
Any administrative recommendation or School Body action, discussion,
or consideration involving the nonrenewal of a term employee.
PARADISE SCHOOLS
2/7/13
Page 4 of 5
GC-6100
© 2012 Arizona School Boards Association
GCQF
Ratings, comments, and recommendations made in the course of an
evaluation of a staff member.
The decision of the Executive Director to place a staff member on
administrative leave.
Counseling of or directives to a staff member regarding future conduct.
When the Executive Director reasonably suspects or receives a reasonable
allegation that an act of immoral or unprofessional conduct that would
constitute grounds for dismissal or criminal charges against a certificated
person has occurred, a report shall be made to the Department of Education.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-514
15-551
CROSS REF.:
DKA - Payroll Procedures/Schedules
GCO - Evaluation of Professional Staff Members
PARADISE SCHOOLS
2/7/13
Page 5 of 5
GC-6350
© 2012 Arizona School Boards Association
GCS
PROFESSIONAL RESEARCH
AND PUBLISHING
The Governing Body has proprietary rights to publications, instructional
materials, and devices prepared by employees unless prepared by such
employees on their own time and without use of School facilities and/or
equipment.
The Governing Body authorizes the Executive Director to review
material prepared by staff members prior to copyright or patent for
subsequent publication or distribution, and to recommend waiving all
or part of the Governing Body's proprietary rights in favor of the
employees preparing such materials.
Any staff member who submits professional materials for publication in
which the School is mentioned will submit all such material to the
Executive Director prior to release for publication, including materials
developed on the employee's own time.
Adopted: date of Handbook adoption
LEGAL REF.: 17 USC 201
PARADISE SCHOOLS
2/7/13
Page 1 of 1
GC-6390
GCX
YEAR END CHECK OUT
OF TEACHERS
The administrator will collect all staff keys prior to the issuance of final
paychecks unless assigned duties require continued access.
All staff will complete the following checkout procedures.
Checkout List for Staff
The following items are to be signed off by office staff:
Student assessment sheets completed and turned in, including
attendance and citizenship marks for all students.
Copies of all finals, test/finals key and grading scales turned in to
(counseling office) for students who need to make up final tests.
The following item is to be signed off by library staff:
Library/Media equipment and materials checked-in (list
equipment/materials not checked-in and replacement costs).
any
The following items are to be signed off by activities staff:
All activities/athletic materials/equipment, including all team
equipment and uniforms checked-in (list any materials/equipment not
checked-in and replacement costs).
All year end reports turned in including inventory, list of participants
and award winners, records/competition results, etc.
The following items are to be signed off by office staff:
Inventory of all classroom furniture, equipment and textbooks/
instructional materials stored in classroom. Retain one (1) copy for
classroom files, one copy to department head, and one (1) copy to office
(list any furniture, equipment/textbooks/instructional materials not
accounted for and replacement costs).
Furniture and equipment in need of repair has been labeled and list
submitted to office.
Room check completed. Desks, lab, shop equipment cleaned, black
boards erased, personal property removed and all equipment and
textbooks/instructional materials properly stored.
Bulletin board
materials and other materials posted on doors and walls have been
removed.
PARADISE SCHOOLS
Page 1 of 2
2/7/13
GC-6390
GCX
Daily class record books completed including:
Teacher name, date and subject/class clearly marked;
First and second quarter grades and final quarter test grades for
first semester clearly marked;
Third and fourth quarter grades and final quarter test grades for
second semester clearly marked;
First and second semester grades and final semester test grades
clearly marked;
Students not receiving a final grade and enrolled in class at any
time are clearly marked as a drop or withdrawal as appropriate.
Include grade earned to last date of enrollment in class;
Grading scale, curve, etc. that indicates how grade was
determined clearly marked for all classes/subjects;
Total number of absences for each quarter and total cumulative
absences for each semester clearly marked;
Common curriculum goals/essential learning skills assessed
clearly marked.
Purchase orders for supplies, instructional materials and textbooks
needed for start of next school year completed and turned in to office;
Student portfolios completed and stored in designated area;
Mail box emptied;
All keys marked and turned in to office;
Summer address, phone number and alternate/emergency phone
number turned in to office.
Adopted: date of Handbook adoption
PARADISE SCHOOLS
2/7/13
Page 2 of 2
GC-7050
© 2012 Arizona School Boards Association
GDC
SUPPORT STAFF
LEAVES AND ABSENCES
Refer to Professional/Support Staff Policies GCC through GCQF; the terms
and conditions of these policies apply to support staff personnel unless the
written policy states a contrary intent.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
GC-8450
© 2012 Arizona School Boards Association
GDL
SUPPORT STAFF WORKLOAD
The normal workweek for support staff personnel will not exceed forty (40)
hours per week. Typically the week will be based on eight (8) hours per day,
five (5) days per week; however, the Executive Director may designate other
workweek structures to meet varying conditions and needs of the School.
Employees will be notified at least one (1) week in advance of any
modification to the workweek plan.
Individual employee work schedules will be based on the position held by the
respective employees and on School needs as identified during the
employment process.
For the purpose of calculating regular and overtime hours in accordance with
wage and hour requirements, the School's designated workweek shall begin
at 12:01 a.m. on Thursday and conclude at 12:00 midnight the following
Wednesday.
An employee may work overtime, provided that advance authorization is
obtained from the supervisor in charge or, in the case of an emergency,
authorization is obtained immediately upon completion of the work or as soon
thereafter as practicable.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 23-391
29 U.S.C. 207, Fair Labor Standards Act
29 C.F.R. 516 et seq., Fair Labor Standards Act
Arizona Constitution, Article 18, Section 1
PARADISE SCHOOLS
2/7/13
Page 1 of 1
GC-8461
© 2012 Arizona School Boards Association
REGULATION
GDL-R
REGULATION
SUPPORT STAFF WORKLOAD
(Fair Labor Standards Act:
Overtime Compensation)
Nonexempt employees who work more than forty (40) hours per week shall be
paid at the rate of time and one-half for hours in excess of forty (40). The
hours must be approved by the immediate supervisor before an employee
works overtime or, in the case of an emergency, immediately upon completion
of the work or as soon thereafter as possible.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
IC-0050
© 2012 Arizona School Boards Association
IA
INSTRUCTIONAL GOALS
AND OBJECTIVES
All parts of the curriculum are interrelated and important to the
development of the student. The physical, emotional, social, aesthetic, and
cognitive development of the student are all elements of importance within
the school program.
The School will provide basic communication and computational skills, an
experience-based curriculum, and exploration of different disciplines and
decision-making techniques to enable the student to choose between
alternatives.
Specifically, the School instructional program will be designed and
implemented to provide for developing:
Skills in communication - to include reading, writing, speaking,
listening, and composition.
Skills in computation.
Appreciation of the world of work.
Appreciation of the importance of physical fitness.
Research and problem-solving skills.
Ability to think analytically, critically, and independently.
Ability leading to citizen responsibility.
Understanding and respect for our cultural heritage.
Appreciation for the intrinsic value of education.
Appreciation of the fine arts.
Skills in technology.
Adopted: date of Handbook adoption
PARADISE SCHOOLS
2/7/13
Page 1 of 1
IC-0200
© 2012 Arizona School Boards Association
IC
SCHOOL YEAR
The school year shall be not less than one hundred eighty (180) instructional
days.
Each instructional day shall consist of not less than the minimum amount of
time prescribed in A.R.S. 15-901 for each respective program level. Variance
from this requirement may be sought under A.R.S. 15-861.
The Governing Body shall establish the school calendar each year after
recommendations from the Executive Director.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-185
15-901
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ID
SCHOOL DAY
The normal school day for the instruction of the students of this School shall
be in accordance with Arizona Revised Statutes.
The regular school session may be temporarily altered by the Executive
Director when such alteration is in the best interest of the School.
The Executive Director may close the schools, delay the opening of schools, or
dismiss school early for emergency reasons and to protect the health and
safety of students and staff members, shall prepare rules for the proper and
timely notification of concerned persons in the event of such emergency
closing.
The Executive Director shall develop guidelines that allow students to enter
schools and to leave schools under exceptional conditions so that variances
with the normal school schedule may be accommodated. Such guidelines
shall consider inclement weather, family illness, and other similar
circumstances.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-901
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IGA
CURRICULUM DEVELOPMENT
The need and value of a systematic, ongoing program of curriculum
development and evaluation involving students, parents, teachers, and
administrators are recognized. It is essential that the school continually
develop and modify its curriculum to meet changing needs.
It shall be the responsibility of the Executive Director to develop proposals
relating to curriculum modifications and additions that, in the opinion of the
professional staff and consultants, are essential to the maintenance of a highquality program of education.
All certificated personnel have professional obligations to the school program
beyond regular classroom duties, and these obligations will include work on
curriculum committees.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-203
15-701
15-701.01
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IGD
© 2012 Arizona School Boards Association
CURRICULUM ADOPTION
All new programs and courses of study will be subject to Governing Body
approval, as will elimination of programs and courses and extensive
alteration in their content. Curricular proposals from the professional staff
may be presented to the Executive Director, who will be responsible for
making recommendations to the Governing Body on such matters.
The Governing Body acknowledges the legislative affirmation that public
school students should be taught to value each other as individuals and not
be taught to resent or hate other races or classes of people.
No School shall include in its program of instruction any courses or classes
that:
Promote the overthrow of the United States government.
Promote resentment toward a race or class of people.
Are designed primarily for students of a particular ethnic group.
Advocate ethnic solidarity instead of treatment of students as
individuals.
The above restrictions are not to be construed to restrict or prohibit:
Courses or classes for Native American pupils that are required to
comply with federal law.
Grouping of students according to academic performance, including
capability in the English language, that may result in a disparate
impact by ethnicity.
Courses or classes that include the history of any ethnic group and that
are open to all students, unless the course or class is in violation of an
above cited course or class restriction.
Courses or classes that include the discussion of controversial aspects of
history.
Instruction about the Holocaust, any other instance of genocide, or the
historical oppression of a particular group of people based on ethnicity,
race, or class.
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IGD
An alleged failure by the School to abide by the preceding conditions may
subject the School to investigation by the State Board of Education (SBE) or
the Superintendent of Public Instruction. Enforcement action may be
instituted by the SBE or the Superintendent of Public Instruction as
prescribed by A.R.S. 15-112.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-111
15-112
15-721
15-722
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© 2012 Arizona School Boards Association
IHA
BASIC INSTRUCTIONAL PROGRAM
The various instructional programs will be developed to maintain a balanced,
integrated, and sequential curriculum that will serve the educational needs
of all school-aged children in the School. The curriculum will be broad in
scope and provide for a wide range in rate, readiness, and potential for
learning.
The instructional program shall reflect the importance of language
acquisition/reading-skill development as the basic element in each student's
education. The first priority of the instructional program will be language
acquisition through a planned sequence of reading skills and language
experiences beginning in the kindergarten program. The improvement of
specific reading skills of students should be continuous throughout their
education. Each school educating students in kindergarten and grades one
(1) through three (3) shall have a reading program as required by A.R.S. 15704 and applicable State Board of Education rules. (See IHA-E Basic
Instructional Program)
The second priority of the instructional program will be mastery of the
fundamentals of mathematics, beginning in the kindergarten program.
Attention to the above-listed priorities shall not result in neglect of other
areas of the curriculum.
The instructional program will include planned sequences in:
Language arts - reading, spelling, handwriting, English grammar,
composition, literature, and study skills.
Mathematics experiences.
Social studies - history including Native American history, geography,
civics, economics, world cultures, political science, and other social
science disciplines.
Science experiences.
Fine and practical arts experience - art education, vocal and
instrumental music, and vocational/business education.
Technology skills.
Health and safety education.
Physical education.
Foreign Language.
Adopted: date of Handbook adoption
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IHA
LEGAL REF.: A.R.S. 15-701
15-701.01
15-704
15-710
15-718
15-741.01
15-802
A.A.C. R7-2-301 et seq.
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© 2012 Arizona School Boards Association
EXHIBIT
IHA-E
EXHIBIT
BASIC INSTRUCTIONAL PROGRAM
Reading
For students in kindergarten (K) and grades one (1) through three (3), the
School shall:
select and administer screening, ongoing diagnostic and classroom
based instructional reading assessments, including motivational
assessments, as defined by the State Board of Education;
conduct a curriculum evaluation;
adopt a scientifically based reading curriculum including the essentials
of reading instruction;
provide ongoing teacher training based on scientifically based reading
research;
devote reasonable amounts of time to explicit instruction and
independent reading;
provide intensive reading instruction as defined by the State Board of
Education to each student who does not meet or exceed the Arizona
Instrument to Measure Standards (AIMS) test; and
review its reading program and take corrective action as specified by
the State Board of Education whenever more than twenty percent (20%)
of the third grade students do not meet the AIMS standards.
Skin Cancer Prevention
For students in the grades kindergarten (K) through eight (8) a
comprehensive skin cancer prevention program shall be provided.
Instruction shall be in an age appropriate manner and include the following
components:
Basic facts about skin cancer;
The negative impact of human exposure to ultraviolet radiation
obtained through sunburns and tanning;
Strategies and behaviors to reduce the risk of contracting skin cancer.
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© 2012 Arizona School Boards Association
IHAA
ENGLISH INSTRUCTION
Subject to the exceptions provided in A.R.S. section 15-753, all students in
this School shall be taught English by being taught in English.
Definitions
"Bilingual education/native language instruction" means a language
acquisition process for students in which much or all instruction, textbooks,
or teaching materials are in the child's native language other than English.
"English language classroom" means a classroom in which English is the
language of instruction used by the teaching personnel, and in which such
teaching personnel possess a good knowledge of the English language.
English language classrooms encompass both English language mainstream
classrooms and sheltered English immersion classrooms.
"English language mainstream classroom" means a classroom in which the
students either are native English language speakers or already have
acquired reasonable fluency in English.
"English learner" or "limited English proficient student" means a child who
does not speak English or whose native language is not English, and who is
not currently able to perform ordinary classroom work in English.
"Sheltered English immersion" or "structured English immersion" means an
English language acquisition process for young children in which nearly all
classroom instruction is in English but with the curriculum and presentation
designed for children who are learning the language. Books and instructional
materials are in English and all reading, writing, and subject matter are
taught in English. Although teachers may use a minimal amount of the
child's native language when necessary, no subject matter shall be taught in
any language other than English, and children in this program learn to read
and write solely in English. This educational methodology represents the
standard definition of "sheltered English" or "structured English" found in
educational literature.
English Immersion
All students who are English learners shall be educated through sheltered
English immersion during a temporary transition period not normally
intended to exceed one (1) year. Once English learners have acquired a good
working knowledge of English and are able to do regular school work in
English, they shall no longer be classified as English learners and shall be
transferred to English language mainstream classrooms.
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IHAA
The Executive Director shall develop procedures as necessary to implement
this policy.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-751 through 15-756
15-756.02 through 15-756.06
15-756.08
15-756.10
15-756.11
15-756.12
15-756.13
15-757
A.A.C. R7-2-306
CROSS REF.:
IHBE - Bilingual Instruction/Native Language Instruction
IL - Evaluation of Instructional Programs (Testing
Programs)
ILB - Test/Assessment Administration
(State Mandated Testing)
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© 2012 Arizona School Boards Association
REGULATION
IHAA-R
REGULATION
ENGLISH INSTRUCTION
Program
Each school shall use an English Language Learner (ELL) program
developed from a state task force approved model. All ELLs are to be
provided with appropriate daily English language development and
instruction.
Student Identification
A home language survey form will be completed at the time of enrollment of
new or transfer students. The form will explain how students are assessed
for English language proficiency. If the primary home language (the
language most often spoken in the home or the first acquired language) is a
language other than English the student shall be considered to have a
primary or home language other than English (PHLOTE).
All PHLOTE children shall be administered English language assessments
upon initial entry and at the end of the year (after February 1). New and
continuing ELLs may be assessed at midpoint of the academic year, but no
student may be assessed more than three (3) times per year. The midyear
assessment (not a wholesale assessment of all students) will provide those
who warrant assessment an opportunity to enter a mainstream classroom as
soon as possible.
The tests will be administered at the times indicated by trained personnel
except when federal grants require different time lines or when an
individualized education program (IEP) team for a qualified special education
child finds the procedure inappropriate.
Student Progress and Reassessment
for Reclassification
At least annually, parents shall receive a notice of student proficiency level
and program placement.
ELLs not progressing as evidenced by failure to improve scores on the
Arizona state standards tests or the nationally standardized test of A.R.S. 15741 may be provided compensatory instruction to assist them in achieving
those standards.
A written individualized compensatory plan that
documents the scope and type of instructional services provided to an ELL
shall be kept in the student's file.
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REGULATION
IHAA-R
REGULATION
Reassessment of classification may take place following assessment testing
but shall be considered at least once a year. If appropriate, parents shall
receive a reclassification notice with a copy of the notice to be placed in the
student ELL file.
When a student is reclassified as a fluent English language (FEL) student,
the school shall monitor the student for two (2) years after the reclassification
to determine if the student is performing satisfactorily. The two (2) year
monitoring form shall be maintained in the student's file.
LEGAL REF.: A.R.S. 15-751 thru 15-757
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IHB
© 2012 Arizona School Boards Association
SPECIAL INSTRUCTIONAL PROGRAMS
A long-range plan will be the basis for providing special education services for
students with exceptional needs and education requirements. These services
may include specialized programs, personnel, facilities, materials, and
equipment needed to promote the individual physical, social, intellectual, and
emotional growth of exceptional students.
The Chief Administrative Officer shall develop procedures that provide
educational opportunities for individuals with disabilities and that
accomplish School compliance with federal laws including the Individuals
with Disabilities Education Act (IDEA), the Arizona revised statutes, and the
lawful regulations of the State Board of Education. Such procedures shall
include, but not be limited to, the following provisions:
All children with disabilities aged birth (0) through twenty-one (21)
years within the School's population served are to be identified, located,
and evaluated including children attending religious or private schools
who are in need of special education and related services.
A free appropriate public education (FAPE) shall be available to all
children with disabilities aged three (3) through twenty-one (21) years
within the School's population served, including children advancing
from grade to grade, those who have been suspended or expelled from
school in accordance with the applicable IDEA rules and regulations,
and any child with a disability the School has placed in or referred to a
private school or facility. The School may refer to and contract with
approved public or private agencies as necessary to ensure the provision
of FAPE for children with disabilities. FAPE for an eligible student
with a disability shall extend through conclusion of the instructional
year during which the student attains the age of twenty-two (22).
A full individual evaluation encompassing existing and additional data
shall be conducted for each child to determine if the child is a child with
a disability and the educational needs of the child before the initial
provision of special education and related services. A reevaluation of
each child shall be conducted at least every third year.
An individualized education program (IEP) shall be developed and
implemented for each eligible child served by the School and for each
eligible child the School places in or refers to a private school or facility.
An IEP or an individualized family service plan (IFSP) will be in place
for each child with a disability prior to the provision of FAPE.
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IHB
To the maximum extent appropriate, opportunities for the least
restrictive setting, inclusion in educational exercises with regular
program students, and for interaction with the total school environment
will be provided to exceptional students, the exception to be only when
the student's condition, with supplementary aids and services, make
such regular class education unsatisfactory.
All required procedural safeguards must be guaranteed to the
exceptional students and their parents. The parents will be provided
with notices of procedural safeguards in each specified instance and all
due process conditions will be satisfied with respect to the provision of a
free appropriate public education.
The School shall follow the established state and federal standards to
protect the confidentiality of personally identifiable information at the
collection, storage, disclosure, and destruction stages.
To the extent essential to provide FAPE to children with disabilities
aged three (3) through twenty-one (21), extended school year (ESY)
services shall be made available and implemented as necessary.
Criteria for the graduation of exceptional students, including
accomplishment in reading, writing, and mathematics, shall be as
specified in the School policy on graduation requirements. Such
standards shall be equivalent to or greater than those established by
the State Board of Education.
Not later than March 1 of each year conduct a review of the reasonable
and acceptable ratio of students per teacher for each disability category.
The applicable ratios shall be specified in a regulation accompanying
the School policy on class size.
The discipline of exceptional students, and unevaluated students
suspected of having a qualifying disability, is to be conducted in such a
manner as to comply with FAPE and requirements of the IDEA.
The Chief Administrative Officer is authorized and directed to establish
procedures for the development and administration of the necessary
programs, and to document School compliance with the law and this policy.
Such procedures will be made available to staff members and to parents as
necessary to enhance compliance.
Adopted: date of Handbook adoption
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IHB
LEGAL REF.: A.R.S. 15-761
15-764
15-881
15-761.01 15-765 to 15-769
15-1181 to 15-1185
15-763
15-1201 to 15-1205
15-763.01 15-773
36-555
A.A.C. R7-2-401 R7-2-405
R7-2-603
R7-2-402 R7-2-601
R7-2-403 R7-2-602
20 U.S.C. 1400 et seq., Individuals with Disabilities
Education Act
29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504)
CROSS REF.:
IIB - Class Size
IKE - Promotion, Retention, and Acceleration of Students
IKF - Graduation Requirements
JKD - Student Suspension
JKE - Expulsion of Students
JR et seq. - Student Records
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IHB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
SPECIAL INSTRUCTIONAL PROGRAMS
(Identification and Placement
of Exceptional Students)
This detailed administrative regulation is issued to:
Accomplish the requirements of the Governing Body set out in policy
IHBSpecial Instructional Programs.
Assure School compliance with the requirements of applicable federal
and state laws and the lawful regulations of the State Board of
Education.
Aid School personnel in fulfilling their duties relating to the topic by
presenting the procedural information in a format that aligns with the
Arizona Department of Education/Exceptional Student Services
(ADE/ESS) compliance checklists.
Citations from the following sources are annotated to the material to assist in
conducting research and for clarification:
Arizona Revised Statutes (A.R.S.)
Arizona Administrative Code (A.A.C.) Title 7, Chapter 2, State Board of
Education Rules
Regulations of the Family Educational Rights and Privacy Act as
published in Part 99 of Title 34 of the Code of Federal Regulations
(C.F.R.)
Regulations to the Individuals with Disabilities Education Act (IDEA)
as published in Title 34 of the C.F.R., Part 300.
Whenever the term "School" is used in this regulation, it is to be interpreted
contextually to mean the Charter School, the respective charter school site, a
representative of the Charter School or a representative of the charter school
site, as is applicable to the circumstance.
Applicability
To accommodate the necessity to present procedural information in a format
that aligns with the Arizona Department of Education/Exceptional Student
Services (ADE/ESS) compliance checklists, this generic regulation contains
procedural requirements for covered individuals of all ages. However, any
statement in this regulation that addresses a provision that is not applicable
to the grade levels and age ranges included in the student membership of the
School is to be considered for the purposes of compliance to be not applicable.
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IHB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
Child Find
The School will identify, locate, and evaluate all children with disabilities
within their population served who are in need of special education and
related services.
In its identification process the School will include children who are
suspected of being a child with a disability and in need of special education,
even though a student is:
Advancing from grade to grade
Highly mobile, including a migrant student. [34 C.F.R. 300.111]
The School will inform the general public and parents within its population
served of the responsibility for special education services for students aged
three (3) through twenty-one (21) years, and how those services may be
accessed including information regarding early intervention services for
children aged birth through two (2) years. Services for an eligible student
with a disability shall extend through conclusion of the instructional year
during which the student attains the age of twenty-two (22). [A.A.C. R7-2401.C]
The School will require all staff members to review the written procedures
related to child identification and referral on an annual basis, and maintain
documentation of the staff review. [A.A.C. R7-2-401.D]
Identification screening for possible disabilities shall be completed within
forty-five (45) calendar days after:
Entry of each preschool or kindergarten student and any student
enrolling without appropriate records or screening, evaluation, and
progress in school; or
Parent notification of developmental or educational concerns.
Screening procedures shall include
consideration of the following areas:
vision and
hearing
status
and
Cognitive or academic;
Communication;
Motor;
Social or behavioral; and
Adaptive development.
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REGULATION
IHB-R
REGULATION
For a student transferring into the School, the School shall review enrollment
data and educational performance in the prior school. If there is a history of
special education for a student not currently eligible for special education or
poor progress, the name of the student shall be submitted to the
administrator for consideration of the need for a referral for a full and
individual evaluation or other services. [A.A.C. R7-2-401.D]
If a concern about a student is identified through screening procedures or
review of records, the parents of the student shall be notified of the concern
within ten (10) school days and informed of the School's procedures to followup on the student's needs. [A.A.C. R7-2-401.D]
The School shall maintain documentation of the identification procedures
utilized, the dates of entry into school, notification by parents of a concern
and the dates of screening. The dates shall be maintained in the student's
permanent records. [A.A.C. R7-2-401.D]
If the screening indicates a possible disability, the name of the student shall
be submitted to the administrator for consideration of the need for a referral
for a full and individual evaluation or other services. A parent or a student
may request an evaluation of the student. [A.A.C. R7-2-401.D]
If, after consultation with the parent, the School determines that a full and
individual evaluation is not warranted, the School shall provide prior written
notice and procedural safeguards notice to the parent in a timely manner.
[A.A.C. R7-2-401.D]
Confidentiality
The School will permit parents to inspect and review any education records
relating to their children that are collected, maintained or used by the School
under Individuals with Disabilities Education Act (IDEA). The School will
comply with a request without unnecessary delay and in no case more than
forty-five (45) days after the request has been made, and before:
Any individualized education program (IEP) meeting;
Any hearing involving a due process complaint or disciplinary hearing;
Any resolution session. [34 C.F.R. 300.613]
The right to inspect and review education records includes:
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REGULATION
IHB-R
REGULATION
The right to a response from the School to reasonable requests for
explanations and interpretations of the records;
The right to request that the School provide copies of the records if
failure to provide those copies would effectively prevent the parent from
exercising the right to inspect and review the records; and
The right to have a representative of the parent inspect and review the
records. [34 C.F.R. 300.613]
The School may presume that the parent has authority to inspect and review
records relating to his or her child unless the School has been advised to the
contrary by legal proceeding involving guardianship, separation and divorce.
[34 C.F.R. 300.613]
The School will keep a record of parties obtaining access to education records
collected, maintained or used under IDEA (except access by parents and
authorized employees of the School), including:
The name of the party;
The date access was given; and
The purpose for which the party is authorized to use the records.
[C.F.R 300.614]
If any education record includes information on more than one (1) child, the
parents of those children have the right to inspect and review only the
information relating to their child. [C.F.R 300.615]
The School will provide parents on request a list of the types and locations of
education records collected, maintained or used by the School. [C.F.R
300.616]
The School may charge a fee for copies of records that are made for parents if
the fee does not effectively prevent the parents from exercising their right to
inspect and review records. [C.F.R 300.617]
The School will not charge a fee to search for or to retrieve information.
[C.F.R 300.615]
A parent who believes that information in the education records collected,
maintained or used by the School is inaccurate or misleading or violates the
privacy or other rights of the child, may request the School to amend the
information. [C.F.R 300.618]
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REGULATION
IHB-R
REGULATION
The School will decide whether to amend the information in accordance with
the request in a reasonable period of time of receipt of the request. [C.F.R
300.618]
If the School refuses to amend the information in accordance with the
request, it will inform the parent of the refusal and advise the parent of the
right to a hearing under C.F.R 300.619. [C.F.R 300.618]
The School will, on request, provide an opportunity for a hearing to challenge
information in education records to ensure that it is not inaccurate,
misleading, or otherwise in violation of the privacy or other rights of the
child. [C.F.R 300.618]
If, as a result of a hearing, the School decides to amend information
determined to be inaccurate, misleading, or otherwise in violation of the
privacy or other rights of the child, it will do so accordingly and so inform the
parent in writing. [C.F.R 300.618]
If, as a result of a hearing, the School decides that the information is not
inaccurate, misleading, or otherwise in violation of the privacy or other rights
of the child, the School will inform the parent of the parent's right to place in
the maintained records a statement commenting on the information or
setting forth any reasons for disagreeing with the School's decision. [C.F.R
300.618]
Parental consent will be obtained before personally identifiable information
is disclosed to parties other than participating agencies, unless the
information is contained in education records and the disclosure is authorized
without parent consent under Family Educational Rights and Privacy Act
(FERPA). [C.F.R 300.622]
Parental consent will be obtained before personally identifiable information
is released to officials of participating agencies providing or paying for
transition services in accordance with §300.321. [C.F.R 300.622]
The School will protect the confidentiality of personally identifiable
information at collection, storage, disclosure, and destruction stages. [C.F.R
300.623]
One (1) official at the School will assume responsibility for ensuring the
confidentiality of any personally identifiable information.
All persons collecting or using personally identifiable information will receive
training or instruction regarding the state's policies and procedures under
300.123 and FERPA (34 C.F.R. part 99). [C.F.R 300.623]
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REGULATION
© 2012 Arizona School Boards Association
IHB-R
REGULATION
The School will maintain, for public inspection, a current listing of the names
and positions of its employees who may have access to personally identifiable
information. [C.F.R 300.623]
The School will inform parents when personally identifiable information
collected, maintained, or used for IDEA purposes is no longer needed to
provide educational services to the child. [C.F.R 300.624]
The information will be destroyed at the request of the parents. However, a
permanent record of a student's name, address, and phone number, his or her
grades, attendance record, classes attended, grade level completed, and year
completed may be maintained without time limitation. [C.F.R 300.624]
The rights of the parents regarding educational records are transferred to the
student at age eighteen (18) under FERPA unless the student has been
declared legally incompetent, or the student has executed a delegation of
rights to make educational decisions pursuant to A.R.S. 15-773. [C.F.R
300.625]
If the rights of the parents regarding educational records are transferred to
the student at age eighteen (18) under the IDEA, the School will provide any
notice required under the procedural safeguards provisions. [C.F.R 300.625]
Discipline
On a case-by-case basis and in consideration of any unique circumstances,
school personnel may remove a child with a disability who violates a student
code of conduct from his or her current placement to an appropriate interim
alternative educational setting, another setting, or suspension, for not more
than ten (10) consecutive school days (to the extent those alternatives are
applied to children without disabilities), and for additional removals of not
more than ten (10) consecutive school days in that same school year for
separate incidents of misconduct, as long as those removals do not constitute
a change of placement under §300.536. [34 C.F.R. 300.530]
After a child with a disability has been removed from his or her current
placement for ten (10) school days in the same school year, during any
subsequent days of removal the School will provide services to the extent
required to:
Enable the child to continue to participate in the general education
curriculum, although in another setting, and to progress toward
meeting his/her IEP goals; and
Receive, as appropriate, a functional behavioral assessment, behavioral
intervention services and modifications that are designed to address the
behavior violation so that it does not recur. [34 C.F.R. 300.530]
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The School is only required to provide services during periods of removal to a
child with a disability who has been removed from his or her current
placement for the (10) days or less in that school year, if it provides services
to non-disabled children similarly removed. [34 C.F.R. 300.530]
After a child with a disability has been removed from his or her current
placement for ten (10) school days, and the current removal is for not more
than ten (10) consecutive school days and not a change of placement, school
personnel, in consultation with at least one of the child's teachers, determine
the extent to which services are needed, so as to enable the child to continue
to participate in the general education curriculum and to progress toward
meeting the individualized education program (IEP) goals. [34 C.F.R.
300.530]
If the removal is a change in placement, the child's IEP team determines the
appropriate services. [34 C.F.R. 300.530]
Within ten (10) school days of any decision to change the placement of a child
with a disability because of a violation of a code of student conduct, the
School, parent, and relevant members of the IEP team will review all
relevant information in the student's file, the IEP, teacher observations, and
any relevant information to determine:
If the conduct was caused by, or had a direct and substantial
relationship to, the child's disability; or
If the conduct in question was the direct result of the School's failure to
implement the IEP. [34 C.F.R. 300.530]
The conduct will be determined to be a manifestation of the disability if
either of the above-named conditions occurred, and, if the IEP was not
implemented, the School will take immediate steps to remedy that deficiency.
[34 C.F.R. 300.530]
If the School, parent, and relevant members of the IEP team determine that
the conduct was a manifestation of the child's disability, the child will be
returned to the placement from which the child was removed, unless the
parent and School agree to a change of placement. The IEP team will either:
Conduct a functional behavioral assessment, unless already done, and
implement a behavioral intervention plan; or
If a behavioral intervention plan has already been developed, review
the plan and modify it, as necessary, to address the behavior. [34
C.F.R. 300.530]
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School personnel may remove a student to an interim alternative educational
setting for not more than forty-five (45) school days without regard to
manifestation of disability if the child:
Carries a weapon to or possesses a weapon at school, on school
premises, to or at a school function under the jurisdiction of the state or
the School;
Knowingly possesses or uses illegal drugs, or sells or solicits the sale of
a controlled substance, while at school, on school premises, or at a
school function under the jurisdiction of the state or the School; or
Has inflicted serious bodily injury upon another person while at school,
on school premises, or at a school function under the jurisdiction of the
state or the School. [34 C.F.R. 300.530]
The School will notify parents and provide notice of procedural safeguards on
the day the School determines the student has violated the code of conduct,
and the violation constitutes a change in placement (i.e., interim alternative
education setting). [34 C.F.R. 300.530]
The child's IEP team determines the interim alternative educational setting
for services. [34 C.F.R. 300.531]
The parent of a child with a disability who disagrees with any decision
regarding placement under §§300.530 and 300.531 or the manifestation
determination may appeal the decision by requesting an expedited due
process hearing in conformance with §§300.310 through 300.314 and A.A.C.
R7-2-405.I. [34 C.F.R. 300.532]
When the School believes that maintaining the current placement of the child
is substantially likely to cause injury to the child or others the School may
appeal the decision by requesting an expedited due process hearing in
conformance with §§300.310 through 300.314 and A.A.C. R7-2-405.I. [34
C.F.R. 300.532]
The student will remain in the interim alternative educational setting
pending the decision of the hearing officer or expiration of the interim
setting, whichever comes first, unless the parent and School agree otherwise.
[34 C.F.R. 300.532]
A non-eligible student who engaged in a behavior that violated a code of
student conduct may assert protections if the School had knowledge that the
child was a child with a disability before the behavior that precipitated the
disciplinary action occurred. The School will be deemed to have such
knowledge if:
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The parent of the child expressed concern in writing to supervisory or
administrative personnel of the School, or a teacher of the child, that
the child is in need of special education and related services;
The parent of the child requested an evaluation of the child pursuant to
§§300.300 through 300.311; or
The teacher of the child, or other personnel of the School, expressed
specific concerns about a pattern of behavior demonstrated by the child
directly to the director of special education or to other supervisory
personnel of the School. [34 C.F.R. 300.534]
The School will not be deemed to have knowledge if the parent of the child:
Has not allowed an IDEA evaluation of the child;
Has refused special education services for the child; or
The child has been evaluated and determined to not be a child with a
disability under IDEA. [34 C.F.R. 300.534]
When the School does not have knowledge that a child is a child with a
disability prior to taking disciplinary measures against the child, the child
may be disciplined as other children without disabilities who engage in
comparable behaviors.
If an evaluation is requested during the time in which a child is subjected to
disciplinary measures, the evaluation will be conducted in an expedited
manner.
Until the evaluation is completed, the child remains in the educational
placement determined by the School, which can include suspension or
expulsion without educational services.
If the child is determined to be a child with a disability, the School will
provide special education and related services in accordance with this
part, including the requirements of §§300.530 through 300.536. [34
C.F.R. 300.534]
The School may report a crime committed by a child with a disability to
appropriate authorities to enable them to exercise their responsibilities. 34
C.F.R. 300.535]
When reporting a crime committed by a child with a disability the School
ensures that copies of the special education and disciplinary records of the
child are transmitted for consideration by the appropriate authorities to
whom the School reports the crime, but only to the extent permitted by
FERPA. [34 C.F.R. 300.535]
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A change of placement occurs if:
The removal is for more than ten (10) consecutive school days; or
The child has been subjected to a series of removals that constitute a
pattern
because the series of removals total more than ten (10) school
days in a school year;
because the child's behavior is substantially similar to the
behavior in previous incidents that resulted in a series of
removals; and
because of such additional factors as the length of each removal,
the total amount of time the child has been removed, and the
proximity of the removals to one another. [34 C.F.R. 300.536]
The School will determine on a case-by-case basis whether a pattern of
removals constitutes a change of placement, and such determinations are
subject to review through due process and judicial proceedings. [34 C.F.R.
300.536]
Evaluation and Eligibility
The School, when proposing to conduct an initial evaluation to determine if a
child qualifies as a child with a disability, and after reviewing existing data
with the parents and providing prior written notice, will obtain informed
consent from the parent of the child before collecting any additional data.
Parental consent for initial evaluation will not be construed as consent
for initial provision of special education and related services.
The School will make reasonable efforts to obtain the informed consent
from the parent for an initial evaluation. [34 C.F.R. 300.300]
For initial evaluations only, if the child is a ward of the state, is not residing
with the child's parent, the School is not required to obtain consent from the
parent if:
Despite reasonable efforts to do so, the School cannot discover the
whereabouts of the parents of the child;
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The rights of the parents of the child have been terminated by the
court;
The rights of the parent to make educational decisions have been
subrogated by a judge and consent for an initial evaluation has been
given by an individual appointed by the judge to represent the child.
[34 C.F.R. 300.536]
The School may, but is not required to seek informed consent through due
process procedures if the parent of a child who is enrolled or seeking to enroll
in the School refuses consent for an initial evaluation. [34 C.F.R. 300.300]
The School will obtain informed consent from the parent of the child before
the initial provision of special education and related services to the child, and
will make reasonable efforts to obtain that consent. [34 C.F.R. 300.300]
If a parent refuses consent for the initial provision of special education and
related services, the School will not seek consent through due process hearing
procedures. The School:
Will not be considered to be in violation to provide a Free Appropriate
Public Education (FAPE);
Is not required to convene a IEP team meeting or develop an IEP for
the child. [34 C.F.R. 300.300]
If, at any time subsequent to the initial provision of special education and
related services, the parent of a child revokes consent in writing for the
continued provision of special education and related services, the School:
May not continue to provide special education and related services to
the child, but shall provide prior written notice before ceasing the
provision of special education and related services;
May not use the mediation procedures or the due process procedures in
order to obtain agreement or a ruling that the services may be provided
to the child;
Will not be considered in violation of the requirement to make FAPE
available to the child because of the failure to provide the child with
further special education and related services; and
Is not required to convene an IEP Team meeting or develop an IEP for
the child for further provision of special education and related services.
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The School will obtain informed consent prior to conducting any reevaluation
of a child with a disability.
If the parent refuses consent, the School may utilize due process
hearing procedures to seek consent, but does not violate its obligation if
it declines to pursue the evaluation or reevaluation.
The informed parental consent for reevaluation need not be obtained if
the School can demonstrate that:
it made reasonable efforts to obtain such consent and has
documented those attempts;
the child's parent has failed to respond. [34 C.F.R. 300.300]
Parental consent is not required before:
Reviewing existing data as part of an evaluation or reevaluation; or
Administering a test or other evaluation that is administered to all
children unless consent is required of parents of all children prior to
administration. [34 C.F.R. 300.300]
The School will not use a parent's refusal to consent to one service or activity
under this section to deny the parent or child any other service, benefit, or
activity of the School, except as required by this part. [34 C.F.R. 300.300]
If a parent of a child who is home-schooled or placed in a private school by
the parents at their own expense does not provide consent for the initial
evaluation or the reevaluation, or the parent fails to respond to a request to
provide consent, the School will not utilize due process hearing procedures to
seek consent. [34 C.F.R. 300.300]
Consistent with consent requirements of §300.300, either a parent of a child
or the School may initiate a request for an initial evaluation to determine if a
child is a child with a disability. [34 C.F.R. 300.301]
The initial evaluation will:
Be completed within sixty (60) days of receiving parental consent for
the evaluation, unless;
the parents and the School agree that it is in the best interest of
the child to extend the timeline to complete the evaluation for an
additional thirty (30) days; or;
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the child enrolls in the School following the child's departure from
a previous school after the parent has provided consent and before
the determination of eligibility by the child's previous school. In
that event, the School ensures prompt completion of the
evaluation.
the parent of a child with a disability repeatedly fails or refuses to
produce the child for the evaluation.
Consist of procedures to determine if the child is a child with a
disability and to determine the educational needs of the child. [34
C.F.R. 300.301]
The School will conduct a reevaluation of a child with a disability if:
The School determines that the educational or related service needs,
including improved academic achievement and functional performance,
of the child warrant a reevaluation; or
If the child's parents or teacher requests a reevaluation; except
The School will not conduct a reevaluation more than once a year
unless the parent and School agree otherwise. [34 C.F.R. 300.303]
The School will conduct a reevaluation at least once every three (3) years,
unless the parent and the School agree that a reevaluation is unnecessary.
[34 C.F.R. 300.303]
The School will provide prior written notice to the parents of a child who has,
or who is suspected of having, a disability, that describes the evaluation
procedures that the School proposes to conduct. [34 C.F.R. 300.304]
In conducting an evaluation or reevaluation, the School will:
Use a variety of assessment tools and strategies to gather relevant
functional, developmental, and academic information about the child,
including information provided by the parent in order to determine;
whether the child is a child with a disability; and
if the child is a child with a disability, information related to
enabling the child to be involved in and progress in the general
education curriculum (or for a preschool child, to participate in
appropriate activities).
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Not use any single measure or assessment as the sole criterion for
determining whether a child is a child with a disability and for
determining an appropriate educational program for the child; and
Use technically sound instruments that may assess the relative
contribution of cognitive and behavioral factors, in addition to physical
or developmental factors. [34 C.F.R. 300.304]
The School ensures that evaluation materials and strategies:
Are selected and administered so as not to be discriminatory on a racial
or cultural basis;
Are administered in the child's native language or other mode of
communication and in the form most likely to yield accurate
information on what the child knows and can do academically,
developmentally, and functionally, unless it is clearly not feasible to do
so;
Are used for the purposes for which the assessment(s) or measure(s) are
valid and reliable;
Are administered by trained and knowledgeable personnel;
Are administered in accordance with the instructions provided by the
assessment publisher;
Are selected and administered so as to ensure that if administered to a
child with impaired sensory, or speaking skills, the assessment results
accurately reflect the child's aptitude or achievement level or whatever
other factors the test purports to measure rather than reflecting the
child's impairments (unless those skills are the factors being
measured).
Assess the child in all areas related to the suspected disability,
including, if appropriate, health, vision, hearing, social and emotional
status, general intelligence, academic performance, adaptive behavior,
communicative status, and motor abilities; and
Are sufficiently comprehensive to identify all of the child's special
education and related services needs, whether or not those needs are
commonly associated with the child's disability.
Provide relevant information that directly assists in determining the
educational needs of the child. [34 C.F.R. 300.304]
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Evaluations of children who transfer to or from another School in the same
school year are coordinated with the prior and subsequent schools, in order to
expedite the completion of a full evaluation. [34 C.F.R. 300.304]
As part of an initial evaluation (if appropriate), and as part of any
reevaluation, the IEP team and other qualified professionals, as appropriate,
will:
Review existing evaluation data on the child including:
evaluations and information provided by the parents;
current classroom-based, local and state-wide assessments, and
classroom-based observations;
observations by teachers, and related services providers.
On the basis of that review, and input from the child's parents, identify
what additional data, if any, are needed to determine whether:
the child is or continues to be a child with a disability, and, if so,
the educational needs of the child;
the present levels of academic
developmental needs of the child;
achievement
and
related
whether the child needs special education and related services to
enable the child to meet measurable annual IEP goals and to
participate, as appropriate, in the general education curriculum.
The IEP team may conduct the review without a meeting. [34 C.F.R.
300.305]
If additional data are needed, the School will administer the assessments
required to obtain the additional data. [34 C.F.R. 300.305]
If additional data are not needed to determine whether the child continues to
be a child with a disability, and to determine the child's educational needs,
the School will notify the parents of:
The determination and the reasons for the determination; and
The right of the parents to request an assessment to determine whether
the child continues to be a child with a disability and to determine the
child's educational needs. [34 C.F.R. 300.305]
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The School will evaluate a child before determining that the child is no longer
a child with a disability except when the termination is due to graduation
with a regular high school diploma or at the conclusion of the instructional
year during which the child attained the age of twenty-two (22).
When the child's eligibility terminates because of graduation or at the
conclusion of the instructional year during which the child attained the
age of twenty-two (22), the School will provide a summary of the child's
academic achievement and functional performance that includes
recommendations on how to assist the child in meeting the child's
postsecondary goals. [34 C.F.R. 300.305]
Upon completion of the evaluation process, the School ensures that:
A group of qualified professionals and the parent of the child determine:
if the child is a child with a disability under the Individuals with
Disabilities Education Act and the Arizona State Statutes; and
if so, the educational needs of the child.
The parents are provided, at no cost, a copy of the evaluation report and
eligibility determination. [34 C.F.R. 300.306]
A child will not be determined to be a child with a disability if the primary
factor for the determination is:
Lack of appropriate instruction in reading, including the essential
components of reading instruction (as defined in 1208(3) of the
Elementary and Secondary Education Act [ESEA]);
Lack of appropriate instruction in math; or
Limited English proficiency. [34 C.F.R. 300.306]
The eligibility determination, including education needs, will be based on all
of the information sources used in the evaluation process, and if deemed
eligible and in need of special education and related services, an IEP will be
developed in accordance with §300.320 through 300.324. [34 C.F.R. 300.306]
Additional procedures for identifying children with specific learning
disabilities:
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Option 1:
The School will use the state-adopted criteria for determining
whether a child has a specific learning disability through a
process based on the child's response to scientific, research-based
intervention in conformity with IDEA Regulations §300.307-311.
[34 C.F.R. 300.307]
Option 2:
The School will use a criteria for determining whether a child has
a specific learning disability through the identification of a severe
discrepancy between intellectual ability and achievement in
conformity with IDEA Regulations §300.307-311. [34 C.F.R.
300.307]
Option 3:
The School will determine, on an individual child basis, the
criteria for determining whether a child has a specific learning
disability using one (1) of the following criteria in conformity with
IDEA Regulations §300.307-311:
The state-adopted criteria based on a child's response to
scientific, research-based intervention;
The identification of a severe discrepancy between
intellectual ability and achievement. [34 C.F.R. 300.307]
The determination of whether a child suspected of having a specific learning
disability is a child with a disability will be made by the child's parents and a
team of qualified professionals which will include:
The child's regular education teacher; or
If the child does not have a regular education teacher, then a regular
education teacher qualified to teach children of that age;
For a child of less than school age, an individual qualified by the state
to teach children of his/her age;
At least one (1) person qualified to conduct individual diagnostic
evaluations of children, such as a school psychologist, speech-language
pathologist, or remedial reading teacher. [34 C.F.R. 300.308]
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A child may be determined to have a specific learning disability if:
The child does not achieve adequately for the child's age or to meet
state–approved grade level standards in one (1) or more of the following
areas, when provided with learning experiences and instruction
appropriate for the child's age or meet state–approved grade level
standards:
oral expression
listening comprehension
written expression
basic reading skill
reading fluency skills
reading comprehension
mathematics calculation
mathematics problem solving
The child does not make sufficient progress to meet age or state–
approved grade level standards in one (1) or more of the areas in listed
immediately above when using a process based on the child's response
to scientific, research-based intervention; or
The child exhibits a pattern of strengths and weaknesses in
performance, achievement, or both, relative to age, state–approved
grade level standards, or intellectual development, that is determined
by the group to be relevant to the identification of a specific learning
disability, through one (1) of the following methods:
a discrepancy between achievement and ability;
the child's response to scientific, research-based interventions, or
other alternative research-based procedures,
using appropriate assessments. [34 C.F.R. 300.309]
The findings of this section are not primarily the result of:
A visual, hearing or motor disability;
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Mental retardation;
Emotional disturbance;
Cultural factors;
Environmental or economic disadvantage; or
Limited English proficiency. [34 C.F.R. 300.309]
The group ensures that the underachievement is not due to a lack of
appropriate instruction in reading or math and consider:
Data that demonstrate that prior to, or as part of, the referral process,
the child was provided appropriate instruction in regular education
settings, delivered by qualified personnel; and
Data-based documentation of repeated assessments of achievement at
reasonable intervals, reflecting formal assessment of student progress
during instruction, which was provided to the child's parents. [34
C.F.R. 300.309]
The School will promptly request parent consent to evaluate if, prior to
referral, the child has not made adequate progress after an appropriate
period of time when provided instruction described in the two (2) immediately
preceding bullets. [34 C.F.R. 300.309]
The School ensures that the child is observed in his/her learning
environment, including the regular classroom setting, to document the child's
academic performance and behavior in the areas of difficulty. [34 C.F.R.
300.310]
In the case of a child less than school age or out of school, a group member
will observe the child in an environment appropriate for a child that age. [34
C.F.R. 300.310]
For a child suspected of having a specific learning disability, the eligibility
determination will contain a statement of:
Whether the child has a specific learning disability;
The basis for making the determination, including an assurance the
determination was made in accordance with the Individuals with
Disabilities Education Act;
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The relevant behavior, if any, noted during the observation and the
relationship of that behavior to the child's academic functioning;
The educationally relevant medical findings, if any;
Whether the child does not achieve adequately for his/her age or to
meet state-approved grade level standards consistent with whether the
child has a specific learning disability; and does not make sufficient
progress to meet age or state-approved grade level standards consistent
with the basis of a determination in accordance with IDEA; or
The child exhibits a pattern of strengths and weaknesses in
performance, achievement, or both, relative to age, state-approved
grade level standards or intellectual development consistent with the
observation of relevant behavior.
The determination of the group concerning the effects of a visual,
hearing, or motor disability; mental retardation; emotional disturbance;
cultural factors; environmental or economic disadvantage; or limited
English proficiency of the child's achievement level. [34 C.F.R. 300.311]
If the child participated in a process that assessed the child's response to
scientific, research-based intervention:
The instructional strategies used and the student-centered data
collected; and
The documentation that the child's parents were notified about the
state's policies regarding the amount and nature of student
performance that would be collected and the general education services
that would be provided;
Strategies for increasing the rate of learning; and
The parent's right to request an evaluation. [34 C.F.R. 300.311]
Each group member will certify in writing whether the report reflects the
member's conclusion. If it does not, the group member will submit a separate
statement presenting the member's conclusions. [34 C.F.R. 300.311]
Free Appropriate Public Education
The determination that a child is eligible for special education and related
services will be made on an individual basis by a properly constituted School
team. [34 C.F.R. 300.306 and, if applicable, 300.308]
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For preschool children (age three [3] to five [5]):
The School will:
Refer any children who are suspected of having a disability to the
appropriate Unified District or Elementary District for evaluation
and, if appropriate, for services.
For school-aged children (age five [5] to twenty-one [21]):
The School will make FAPE available to any child who needs special
education and related services, even though the child has not failed or
been retained in a course or grade, and is advancing from grade to
grade. Services for an eligible student with a disability shall extend
through conclusion of the instructional year during which the student
attains the age of twenty-two (22).
The School will establish policy and procedures with regard to allowable
pupil-teacher ratios and pupil-staff ratios within the School for provision of
special education services. [A.R.S. 15-764]
The special education programs and services provided shall be conducted only
in a school facility which houses regular education classes or in other
facilities approved by the division of special education. [A.R.S. 15-764]
The School ensures that assistive technology devices or services or both will
be available to a child with a disability, if required, as a part of:
special education;
related services;
supplementary aids and service. [34 C.F.R. 300.105]
On a case-by-case basis, the School ensures the use of School-purchased
assistive technology devices in a child's home or other setting if the child's
IEP team determines that the child needs access to those devices in order to
receive FAPE. [34 C.F.R. 300.105]
The School will make extended school year services available as necessary to
provide FAPE to children with disabilities.
Extended school year (ESY) services will be provided only if a child's
IEP team determines, in accordance with §§300.320-300.324, that the
services are necessary for the provision of FAPE.
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Services will not be:
limited to a particular category of disability; or,
unilaterally limited to the type, amount, or duration of services.
[34 C.F.R. 300.106]
The ESY services that are provided to a child with a disability will:
Be provided beyond the normal school year of the School;
Be provided in accordance with the child's IEP;
Be provided at no cost to the parents of the child; and
Meet the standards of the state. [34 C.F.R. 300.106]
The School will afford children with disabilities an equal opportunity for
participation in nonacademic and extracurricular services and activities
including, as determined appropriate and necessary by the child's IEP team,
the provision of supplementary aids and services. [34 C.F.R. 300.107]
Nonacademic and extracurricular services and activities may include
counseling services, athletics, transportation, health services, recreational
activities, special interest groups or clubs sponsored by the School, referrals
to agencies that provide assistance to individuals with disabilities, and
employment of students, including both employment by the School and
assistance in making outside employment available. [34 C.F.R. 300.107]
The School will make regular physical education services available to
children with disabilities to the same extent that the School provides those
services to children without disabilities, unless:
The child is enrolled full time in a separate facility; or
The child needs specially designed physical education as prescribed in
the child's IEP. [34 C.F.R. 300.108]
If a child is enrolled in a separate facility, the School ensures that the child
receives appropriate physical education services. [34 C.F.R. 300.108]
If special physical education is prescribed in a child's IEP, the School will
provide for those services, either directly or through other public or private
programs. [34 C.F.R. 300.108]
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The School ensures that children with disabilities have available to them the
variety of education programs and services that are available to nondisabled
children, including art, music, industrial arts, consumer and homemaking
education, and vocational education. [34 C.F.R. 300.110]
When serving children wearing hearing aids or surgically implanted medical
devices, the School ensures that:
The hearing aids worn in school by children with hearing impairments
are functioning properly; and
The external components of surgically implanted medical devices (e.g.,
cochlear implants) are functioning properly, except that the School will
not be responsible for any post-surgical maintenance, programming or
replacement of any component, external or internal, of the medical
device. [34 C.F.R. 300.113]
The School may use the Medicaid or other public benefits or insurance
programs in which a child participates to provide or pay for services required
under IDEA, as permitted under the public benefits or insurance program,
except that the School:
Will not require parents to sign up for or enroll in public benefits or
insurance programs to receive FAPE;
Will not require parents to incur out-of-pocket expenses such as
payment of a deductible or co-pay for services required by IDEA, but
may pay the cost that parents otherwise would be required to pay;
Will not use a child's public benefit if that use would:
decrease lifetime benefits;
result in the family paying for non-school services that would
otherwise be paid for by public benefits;
increase premiums or lead to discontinuation of benefits; or
risk loss of eligibility. [34 C.F.R. 300.154]
The School will notify parents that their refusal to allow access to their public
benefits does not relieve the School of its responsibility to provide all required
IDEA services. [34 C.F.R. 300.154]
The School will obtain parent consent consistent with §300.09 each time that
access to public benefits are sought. [34 C.F.R. 300.154]
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Graduation
The School ensures that the Governing Body shall prescribe graduation
criteria for students with disabilities from its high schools, which shall
include accomplishment of the academic standards in at least reading,
writing, mathematics, science and social studies, as determined by School
assessment. [A.R.S. 15-701(B) and A.A.C. R7-2-301(D)(1)]
The School ensures that the Governing Body shall develop a course of study
and graduation and promotion requirements for all students placed in special
education programs in accordance with R7-2-401 et seq. [A.R.S. 15-701(B)
and A.A.C. R7-2-301(D)(1)]
The School will not be obligated to provide FAPE to students with disabilities
who have graduated from high school with a regular high school diploma. [34
C.F.R. 300.102]
The exception does not apply to children who have graduated from high
school but have not been awarded a regular high school diploma. [34 C.F.R.
300.102]
Graduation from high school with a regular high school diploma constitutes a
change of placement requiring prior written notice in accordance with
§300.503. [34 C.F.R. 300.102]
An evaluation is not required before the termination of a child's eligibility
due to graduation from secondary school with a regular diploma or due to
conclusion of the instructional year during which the student attains the age
of twenty-two (22). [34 C.F.R. 300.305]
For a child no longer eligible due to graduation or exceeding the age of
eligibility, the School will provide the child with a summary of the child's
academic achievement and functional performance, which shall include
recommendations on how to assist the child in meeting the child's post
secondary goals. [34 C.F.R. 300.305]
Pupils with disabilities as defined in A.R.S. 15-761 or children who receive
special education as defined in 15-763, shall not be required to achieve
passing scores on competency tests (AIMS) in order to graduate from high
school unless the pupil is learning at a level appropriate for the pupil's grade
level in a specific academic area and unless a passing score on a competency
test is specifically required in a specific academic area by the pupil's IEP as
mutually agreed on by the pupil's parents (or eighteen [18] year old student)
and IEP team. [A.R.S. 15-701.01(3)]
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Individualized Education Program
The contents of each individualized education program (IEP) will include a
statement of:
The child's present levels of academic achievement and functional
performance, including:
how the child's disability affects the child's involvement and
progress in the general curriculum; or
for preschool children, as appropriate, how the disability affects
the child's participation in appropriate activities;
Measurable annual goals, including academic and functional goals
designed to:
meet the child's needs that result from the child's disability to
enable the child to be involved in and make progress in the general
education curriculum; and
meet each of the child's other educational needs that result from
the child's disability;
for children with disabilities who take alternate assessments
(AIMS A) aligned to alternate achievement standards, a
description of benchmarks or short-term objectives;
How the child's progress toward meeting the IEP goals will be
measured and when periodic reports on the child's progress toward the
goals will be provided;
The special education and related services to be provided to the child,
the supplementary aids and services to be provided to the child or on
behalf of the child, the program modifications or supports for school
personnel that will be provided to enable the child:
to advance appropriately toward attaining the annual goals;
to be involved in and progress in the general education curriculum
and to participate in extracurricular and other nonacademic
activities with other children with disabilities and nondisabled
children.
The extent, if any, to which the child will not participate with
nondisabled children in the regular class and in extracurricular and
other nonacademic activities;
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Any individual accommodations that are needed to measure the
academic achievement and functional performance of the child on state
and School-wide assessments;
If the IEP team determines that the child must take an alternate
assessment instead of a particular regular state or School-wide
assessment of student achievement, a statement of why:
the child cannot participate in the regular assessment; and
the particular alternate assessment selected is appropriate for the
child;
The projected date for the beginning of the services and modifications
and the anticipated frequency, location, and duration of those services
and modifications. [34 C.F.R. 300.320]
Beginning not later than the first IEP to be in effect when the child turns
sixteen (16), or younger if determined appropriate by the IEP team, and
updated annually, the IEP will also include a statement of:
appropriate measurable postsecondary goals based upon age
appropriate transition assessments related to training, education,
employment, and, where appropriate independent living skills;
transition services (including courses of study) needed to assist the
child in reaching those goals. [34 C.F.R. 300.320]
Beginning not later than one (1) year before a student reaches the age of
eighteen (18), the IEP will include a statement that the parents and the
student have been informed of the rights under Part B, if any, that will
transfer to the student on reaching the age of eighteen (18). [34 C.F.R.
300.320]
The IEP team for each child with a disability will include:
The parents of the child;
Not less than one (1) regular education teacher of the child (if the child
is, or may be, participating in the regular education environment);
Not less than one (1) special education teacher of the child, or where
appropriate, not less than one special education provider of the child;
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A representative of the School who:
is qualified to provide, or supervise the provision of, specially
designed instruction to meet the unique needs of children with
disabilities;
is knowledgeable about the general education curriculum; and
is knowledgeable about the availability of resources of the School;
may be a School team member described in the IEP team
described above, with the exception of the parents, if the above
criteria are met.
An individual who can interpret the instructional implications of
evaluation results, who may be a member of the team described in the
IEP team described above, with the exception of the parents.
At the discretion of the parent or the School, other individuals who have
knowledge or special expertise regarding the child, including related
services personnel as appropriate; and
Whenever appropriate, the child with a disability.
A child of any age if the purpose of the meeting is to consider
postsecondary goals and transition services needed to assist the child in
reaching the IEP goals;
If the student does not attend the IEP meeting, the School will take
other steps to ensure that the student's preferences and interests are
considered.
To the extent appropriate and with consent of the parents or the adult
child;
the School will invite a representative of any participating agency
that is likely to be responsible for providing or paying for
transition services.
for a child who is transitioning from the Arizona Early
Intervention Program (AzEIP), representatives from AzEIP will
be invited to the initial IEP if the parent requests. [34 C.F.R.
300.321]
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A member of the School IEP team described above, and including a person
who can interpret the results, is not required to attend the IEP meeting if the
parent and the school agree in writing prior to the meeting that attendance is
not necessary because the member's area of curriculum or related services is
not being modified or discussed in the meeting. [34 C.F.R. 300.321]
A member of the School IEP team described above, and including a person
who can interpret the results, may be excused from attending the IEP
meeting in whole or part when the meeting involves a modification to or
discussion of the member's area of the curriculum or related services if the
parent, in writing and the School consent to the excusal, and the member
submits, in writing to the IEP team, input into the development of the IEP
prior to the meeting. [34 C.F.R. 300.321]
In the case of a child previously served by AzEIP, an invitation to the initial
IEP team meeting will, at the request of the parent, be sent to the AzEIP
service coordinator to assist with the smooth transition of services. [34
C.F.R. 300.321]
The School will take steps to ensure parent(s) of a child with a disability are
present at each IEP meeting or are afforded the opportunity to participate by:
Notifying parents of the meeting early enough to ensure that they will
have an opportunity to attend; and
Scheduling the meeting at a mutually agreed on time and place. [34
C.F.R. 300.322]
The meeting notice will:
Indicate the purpose, time, and location of the meeting and who will be
in attendance; and
Inform the parents of the provisions relating to the participation of
other individuals who have knowledge or special expertise about the
child and of representatives of the AzEIP if the meeting is for an initial
IEP of a child transitioning from AzEIP. [34 C.F.R. 300.322]
Beginning not later than the first IEP to be in effect when the child turns
sixteen (16), the notice will also:
Indicate that a purpose of the meeting will be the consideration of
postsecondary goals and transition services;
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Indicate that the School will invite the student;
Identify any other agency that will be invited to send a representative.
[34 C.F.R. 300.322]
If neither parent can attend, the School will use other methods to ensure
parent participation, including individual or conference telephone calls. [34
C.F.R. 300.322]
A meeting may be conducted without a parent in attendance if the School is
unable to convince the parents that they should attend. In this case, the
School will maintain a record of its attempts to arrange a mutually agreed on
time and place, such as:
Detailed records of telephone calls made or attempted and the results of
those calls;
Copies of correspondence sent to the parents' and any responses
received; and
Detailed records of visits made to the parent's home or place of
employment and the results of those visits. [34 C.F.R. 300.322]
The School will take whatever action is necessary to help the parent
understand the proceedings at the IEP meeting, including arranging for an
interpreter for parents with deafness or whose native language is other than
English. [34 C.F.R. 300.322]
The School will give the parent a copy of the child's IEP at no cost to the
parent. [34 C.F.R. 300.322]
At the beginning of each school year, the School will have in effect for each
child with a disability in its jurisdiction, an IEP as defined in 300.320. [34
C.F.R. 300.323]
The School ensures that:
A meeting to develop an IEP for an eligible child is conducted within
thirty (30) days of a determination of eligibility for special education
and related services.
As soon as possible following the development of the IEP, the services
indicated in the IEP are made available to the child. An IEP will be in
effect at the beginning of each school year. [34 C.F.R. 300.323]
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For a child aged two (2) years nine (9) months to five (5) years previously
served by AzEIP, the IEP team will consider the contents of the child's
Individualized Family Service Plan (IFSP). An IFSP may serve as the IEP of
the child if:
The School has provided the parents with a detailed explanation of the
differences between an IEP and an IFSP;
The parent and the School agree in writing to the use of an IFSP;
The IFSP contains an educational component that promotes school
readiness and includes pre-literacy, language and numeric skills; and
The IFSP is developed in accordance with IEP procedures. [34 C.F.R.
300.323]
The School ensures that each child's IEP is accessible to each regular
education teacher, special education teacher, related service provider and any
other service provider who is responsible for implementing the IEP.
Each teacher and related service provider will be informed of his or her
specific responsibilities in implementing the IEP; and
The specific accommodations, modifications, and supports that will be
provided for the child in accordance with the IEP. [34 C.F.R. 300.323]
For a child with an IEP who transfers into the School from another school in
Arizona, the School, in consultation with the parents, will provide a free
appropriate public education (including services comparable to the services
described in the existing IEP) until the School:
Reviews and adopts the child's IEP from the previous School, or
Develops, adopts, and implements a new IEP. [34 C.F.R. 300.323]
For a child with an IEP who transfers into the School from another state, the
School, in consultation with the parents, will provide a free appropriate
public education (including services comparable to the services described in
the existing IEP) until the School:
Conducts an evaluation for eligibility for special education in Arizona,
or determines that such an evaluation is unnecessary; and
Develops, adopts, and implements a new IEP, if appropriate. [34 C.F.R.
300.323]
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To facilitate the transition of a child enrolling from another school, either
from within or from outside of Arizona, the School will take reasonable steps
to promptly obtain the child's education records, including all records
pertaining to special education, from the previous school in which the child
was enrolled. [34 C.F.R. 300.323]
When a records request is received from another School, from either within or
outside of Arizona, the School will promptly respond to the request. [34
C.F.R. 300.323]
In developing each child's IEP, the IEP team will consider:
The strengths of the child and the concerns of the parents for enhancing
the education of their child;
The results of the initial or most recent evaluation of the child; and
The academic, developmental, and functional needs of the child. [34
C.F.R. 300.324]
In consideration of special factors, the IEP team will:
In the case of a child whose behavior impedes his or her learning or that
of others, consider the use of positive behavioral interventions and
supports, and other strategies to address that behavior;
In the case of a child with limited English proficiency, consider the
language needs of the child as those needs relate to the child's IEP;
In the case of a child who is blind or visually impaired, provide for
instruction in Braille and the use of Braille unless the IEP team
determines, after an evaluation of the child's reading and writing skills,
needs, and appropriate reading and writing media (including an
evaluation of the child's future needs for instruction in Braille or the
use of Braille) that instruction in Braille or the use of Braille is not
appropriate for the child;
Consider the communication needs of the child, and in the case of a
child who is deaf or hard of hearing, consider the child's language and
communication needs, opportunities for direct communication with
peers and professional personnel in the child's language and
communication mode, academic level and full range of needs, including
opportunities for direct instruction in the child's language and
communication mode;
Consider whether the child requires assistive technology devices and
services. [34 C.F.R. 300.324]
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The regular education teacher of a child with a disability, as a member of the
IEP team, will, to the extent appropriate, participate in the development,
review, and revision of the child's IEP, including the determination of:
Appropriate positive behavioral interventions and strategies for the
child; and
Supplementary aids and services, program modifications, and/or
supports for school personnel that will be provided for the child,
consistent with §300.320(a)(4). [34 C.F.R. 300.324]
In making changes to the IEP after the annual IEP meeting, the parent and
the School may agree to amend the IEP without a meeting for the purpose of
making those changes and, instead, develop a written document to amend or
modify the child's current IEP. The School will:
Inform all members of the child's IEP team of those changes, and
Upon request, provide the parents with the revised copy of the IEP. [34
C.F.R. 300.324]
To the extent possible, the School will encourage the consolidation of
evaluation, reevaluation and IEP meetings for a child. [34 C.F.R. 300.324]
The School ensures that the IEP team reviews the child's IEP periodically,
but not less than annually, to determine if goals are being achieved, and
revise the IEP, when appropriate, to address:
any lack of expected progress toward the annual goals and in the
general education curriculum, if appropriate;
the results of any reevaluation;
information about the child provided to, or by the parents;
the child's anticipated needs, or other matters. [34 C.F.R. 300.324]
If a participating agency other than the School fails to provide the transition
services in an IEP, the School will reconvene the IEP team to identify
alternative strategies to meet the child's transition outcomes. [34 C.F.R.
300.324]
Before the School places a child with a disability in a private school or
facility, the School will initiate and conduct a meeting to develop an IEP for
the child and ensure that a representative of the private school or facility
attends the meeting in person or by conference call. [34 C.F.R. 300.325]
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Subsequent IEP reviews may be initiated and conducted by the private school
at the discretion of the School. However, the School ensures that:
The parents and School representative are involved in any decisions
about the child's IEP; and
Agree to any proposed changes in the IEP before those changes are
implemented. [34 C.F.R. 300.325]
The School remains responsible to ensure FAPE to a child placed by the
School in a private school or facility. [34 C.F.R. 300.325]
The School ensures that the parents of a child with a disability are members
of any group that makes decisions on the educational placement of their
child. [34 C.F.R. 300.327]
Least Restrictive Environment
The School ensures that special classes, separate schooling, or other removal
of children with disabilities from the regular educational environment occurs
only if the nature or severity of the disability is such that education in
regular classes with the use of supplementary aids and services cannot be
achieved satisfactorily. [34 C.F.R 300.114]
The School will make available a continuum of alternative placements to
meet the needs of children with disabilities for special education and related
services. [34 C.F.R 300.115]
The continuum of alternative placements will include:
Instruction in regular classes, special classes, special schools, home
instruction, and instruction in hospital and institutions;
Supplementary services, such as a resource room or itinerant
instruction, to be provided in conjunction with regular class placement.
The placement decision for each child will be:
Made by a group that includes the parents and other persons
knowledgeable about the child, the meaning of the evaluation data, and
the placement options;
In conformity with the least restrictive environment (LRE) provisions of
the IDEA regulations;
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Determined at least annually;
Based on the child's IEP; and,
As close as possible to the child's home. [34 C.F.R 300.115]
Unless the IEP of a child requires some other arrangement, the child will be
educated in the school that he or she would attend if not disabled. [34 C.F.R
300.115]
In selecting the LRE, consideration will be given to any potential harmful
effect on the child or on the quality of services that she/he needs. [34 C.F.R
300.115]
A child with a disability will not be removed from age-appropriate regular
classrooms solely because of needed modifications in the general education
curriculum. [34 C.F.R 300.115]
In providing or arranging for the provision of nonacademic and
extracurricular services and activities, including meals, recess periods, and
other nonacademic activities, the School ensures that each child with a
disability participates with nondisabled children in the extracurricular
services and activities to the maximum extent appropriate to the needs of
that child. [34 C.F.R 300.117]
The School ensures that the supplementary aides and services determined by
the IEP team to be appropriate and necessary are provided to allow the child
to participate in nonacademic settings. [34 C.F.R 300.115]
The School will establish, maintain, and implement procedural safeguards
that meet the requirements of §300.500 through 300.536 of the IDEA
Regulations.
Procedural Safeguards
The School ensures that the parents of a child with a disability shall be given
an opportunity to inspect and review all education records with respect to the
identification, evaluation, educational placement, and the provision of FAPE
to the child. [34 C.F.R. 300.501]
The School ensures that the parents of a child with a disability shall:
be given an opportunity to participate in meetings with respect to the
identification, evaluation, educational placement and the provision of
FAPE to the child.
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be provided notice consistent with §300.322 to ensure they have
opportunity to participate in meetings.
be members of any group that makes decisions on the educational
placement of their child. [34 C.F.R. 300.501]
If neither parent can participate in a meeting in which a decision is to be
made relating to the educational placement of their child, the School must
use other methods to ensure their participation, including individual or
conference telephone calls, or video conferencing. [34 C.F.R. 300.501]
A placement decision may be made by a group without the involvement of the
parent, if the School is unable to obtain the parent's participation and has
maintained a record of its attempts to ensure their involvement. [34 C.F.R.
300.501]
The parents of a child with a disability have the right to obtain an
independent educational evaluation of their child. The School must provide
to parents, upon request for an independent educational evaluation:
Information about where an independent educational evaluation may
be obtained; and
The School criteria applicable for independent educational evaluations.
School criteria for the independent educational evaluation must be the
same as the criteria the School uses when it conducts an evaluation, to
the extent consistent with the parent's right to an evaluation. [34
C.F.R. 300.502]
A parent has the right to an independent educational evaluation at public
expense if the parent disagrees with an evaluation obtained by the School. If
a parent requests an independent educational evaluation at public expense,
the School must, without unnecessary delay, either:
File for a due process hearing to show that its evaluation is appropriate;
or
Ensure that an independent educational evaluation is provided at
public expense, unless the School demonstrates in a hearing that the
evaluation obtained by the parent did not meet School criteria. [34
C.F.R. 300.502]
If a due process hearing decision is that the School's evaluation is
appropriate, the parent still has the right to an independent educational
evaluation, but not at public expense. [34 C.F.R. 300.502]
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If a parent requests an independent educational evaluation, the School may
ask for the parent's reasons for the objections, but may not require the parent
to provide an explanation and may not unreasonably delay either providing
the independent educational evaluation at public expense or filing a request
for due process to defend its evaluation. [34 C.F.R. 300.502]
A parent is entitled to only one independent educational evaluation at public
expense each time the School conducts an evaluation with which the parent
disagrees. [34 C.F.R. 300.502]
The results of any independent educational evaluation which is obtained by
or provided to the School:
must be considered by the School, if it meets School criteria, in any
decision with respect to the provision of FAPE to the child; and
may be presented by any party as evidence in a due process hearing.
[34 C.F.R. 300.502]
If a hearing officer requests an independent educational evaluation as part of
a due process hearing, the cost of the evaluation must be at public expense.
Written notice must be given to the parents of a child with a disability a
reasonable time before the School:
Proposes to initiate or change the identification, evaluation or
educational placement of the child or the provision of FAPE to the child;
or
Refuses to initiate or change the identification, evaluation or
educational placement of the child or the provision of FAPE to the child.
[34 C.F.R. 300.503]
The notice must include:
A description of the action proposed or refused by the School;
An explanation of why the School proposes or refuses to take the action;
A description of each evaluation procedure, assessment, record or report
the School used as a basis for the proposed or refused action;
A statement that the parents of a child with a disability have protection
under the procedural safeguards of this part and, if this notice is not an
initial referral for evaluation, the means by which a copy of a
description of the procedural safeguards can be obtained;
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Sources for parents to contact to obtain assistance in understanding the
provisions of this part;
A description of other options that the IEP team considered and the
reasons why those options were rejected;
A description of other factors that are relevant to the School's proposal
or refusal. [34 C.F.R. 300.503]
The notice must be written in language understandable to the general public,
provided in the native language or other mode of communication used by the
parent. [34 C.F.R. 300.503]
If the native language or other mode of communication used by the parent is
not a written language, the School must ensure:
the notice is translated orally or by other means to the parent in his or
her native language or other mode of communication;
That the parent understands the content of the notice;
That there is written evidence of these requirements.
300.503]
[34 C.F.R.
A copy of the procedural safeguards available to the parent of a child with a
disability must be given to the parents only one (1) time a school year, except
that a copy also must be given to the parents:
Upon initial referral or parent request for evaluation;
Upon receipt of a first complaint to the state or first request for a due
process hearing in a school year;
When a disciplinary change of placement/removal has been initiated;
Upon request by a parent. [34 C.F.R. 300.504]
The procedural safeguards notice must include a full explanation of all the
procedural safeguards available under §300.148, §§300.151 through 300.153,
§300.300, §§300.502 through 300.503, §§300.505 through 300.515, §300.520,
§§300.530 through 536, and §§300.610 through 300.625 relating to:
Independent educational evaluations;
Prior written notice;
Parental consent;
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Access to education records;
Opportunity to present and resolve complaints through the due process
hearing and state complaint procedures, including;
The time period in which to file a complaint;
The opportunity for the School to resolve the complaint;
The difference between due process hearing and state complaint
procedures, jurisdictions, issues that may be raised, timelines,
and relevant procedures.
The availability of mediation;
The child's placement during the due process hearing;
Procedures for students subject to placement in an interim alternative
educational setting
Requirements for unilateral placements by parents of children in
private schools at public expense;
Due process hearings including requirements for disclosure of
evaluation results and recommendations;
Civil actions, including timelines;
Attorney fees. [34 C.F.R. 300.504]
This notice must meet the same requirements for understandable language
as for the written prior notice described in §300.503. [34 C.F.R. 300.504]
The parent of a child with a disability may elect to receive required notices by
an electronic mail communication if the School makes that option available.
[34 C.F.R. 300.505]
The School will establish procedures to allow parties to disputes, including
those matters arising prior to a request for a due process hearing, to resolve
disputes through mediation. Procedures will ensure that the mediation
process:
Is voluntary on the part of the parties;
Is not used to deny or delay a parent's right to a due process hearing or
any other right under the IDEA;
Is conducted by a qualified and impartial mediator who is trained in
effective mediation techniques. [34 C.F.R. 300.506]
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The School may establish procedures to offer to parents and schools that
choose not to use mediation an opportunity to meet, at a time and location
convenient to the parties, with a disinterested party:
Who is under contract with an appropriate alternative dispute
resolution entity, or a parent training and information center, or
community parent resource center;
Who would explain the benefits of, and encourage the mediation process
to the parents. [34 C.F.R. 300.506]
A parent or School may file a request for a due process hearing relating to the
identification, evaluation or educational placement of a child with a
disability. [34 C.F.R. 300.507]
The request for a due process hearing must allege a violation that occurred
not more than two (2) years before the date the parent or School knew or
should have known about the alleged violation. [34 C.F.R. 300.507]
The School must inform the parent of any free or low cost legal and other
relevant services available in the area upon parent request. [34 C.F.R.
300.507]
The School will have procedures that require either party, or the attorney
representing a party, to provide to the other party a confidential due process
complaint. [34 C.F.R. 300.508]
The party filing the notice for a hearing must forward a copy of the request to
the state. [34 C.F.R. 300.508]
The due process hearing complaint must include the following in order for the
complaint to be heard:
The name of the child;
The residential address of the child;
The school of attendance;
A description of the nature of the problem of the child relating to the
proposed or refused initiation or change, including facts relating to the
problem; and
A proposed resolution of the problem to the extent known and available
to the party at the time. [34 C.F.R. 300.508]
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The due process complaint will be deemed sufficient unless the party
receiving the complaint notifies the hearing officer and the other party in
writing, within fifteen (15) days of receipt of the complaint, that it believes
the complaint does not meet the content requirements. [34 C.F.R. 300.508]
Within five (5) days of receipt of notice, the hearing officer must determine
whether the complaint meets the requirements and notify the parties, in
writing, of that determination. [34 C.F.R. 300.508]
A party may amend its due process complaint only if:
The other party consents in writing and is given an opportunity to
resolve the complaint through the resolution process; or
The hearing officer grants permission, but in no case later than five (5)
days before the due process hearing begins. [34 C.F.R. 300.508]
If a party files an amended complaint, the relevant timelines begin again.
[34 C.F.R. 300.508]
If the School has not sent a prior written notice to the parent regarding the
subject matter contained in the due process complaint, it must do so within
ten (10) days of receiving the complaint. [34 C.F.R. 300.508]
Within ten (10) days of receiving the complaint, the receiving party will send
to the other party a response that specifically addresses the issues raised in
the due process complaint. [34 C.F.R. 300.508]
Within fifteen (15) days of receiving the notice of the parent's due process
complaint, and prior to the initiation of a due process hearing, the School
must convene a meeting with the parent and the relevant members of the
IEP team who have specific knowledge of the facts identified in the complaint
that:
Includes a representative of the School who has School decision-making
authority;
May not include an attorney of the School unless the parent is
accompanied by an attorney. [34 C.F.R. 300.510]
The purpose of the meeting is for the parent of the child to discuss the due
process complaint, and the factual basis of the complaint, so the School has
the opportunity to resolve the dispute. [34 C.F.R. 300.510]
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The resolution meeting need not be held if:
The parent and School agree in writing to waive the meeting; or
The parent and School agree to use the mediation process. [34 C.F.R.
300.510]
The parent and the School determine the relevant IEP team members to
attend the meeting. [34 C.F.R. 300.510]
If the School has not resolved the complaint to the satisfaction of the parent
within thirty (30) days of the receipt of the complaint, the due process
hearing may occur. The timeline for issuing a final decision begins at the end
of this thirty (30) day period. [34 C.F.R. 300.510]
The failure of the parent to participate in the resolution meeting that has not
been mutually agreed to be waived, will delay the timelines for the resolution
process and due process hearing until the meeting is held. [34 C.F.R.
300.510]
If the School is unable to obtain the participation of the parent after
reasonable efforts have been made and documented, the School may, at the
conclusion of the thirty (30) day period, request the hearing officer dismiss
the parent's due process complaint. [34 C.F.R. 300.510]
If the School fails to hold the resolution meeting within fifteen (15) days of
receiving the complaint or fails to participate in the meeting, the parent may
request that the hearing officer begin the hearing timeline. [34 C.F.R.
300.510]
The forty-five (45) day timeline for the due process hearing starts the day
after:
Both parties agree in writing to waive the resolution meeting; or
After either the mediation or resolution meeting starts but before the
end of the thirty (30) day resolution period, the parties agree in writing
that no agreement is possible; or
If both parties agree in writing to continue the mediation at the end of
the thirty (30) day resolution period, but later, one (1) party withdraws
from the mediation process. [34 C.F.R. 300.510]
If a resolution is reached at the meeting, the parties must execute a legally
binding agreement that is:
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Signed by both the parent and School representative who has authority
to legally bind the School; and
Enforceable in any state court of competent jurisdiction or in a district
court of the United States. [34 C.F.R. 300.510]
Either party may void the agreement within three (3) business days of the
agreement's execution. [34 C.F.R. 300.510]
The child involved in the due process hearing complaint must remain in his
or her current educational placement:
Unless a discipline appeal has been filed as provided in §300.533;
During the pendency of any administrative or judicial proceeding
regarding a due process complaint notice requesting a due process
hearing under §300.507; or
Unless the School and parents of the child agree otherwise. [34 C.F.R.
300.518]
If the complaint involves an application for initial admission to public school,
the child, with the consent if the parents, must be placed in the public school
until the completion of all the proceedings. [34 C.F.R. 300.518]
If the complaint involves an application for initial services for a child who has
turned three (3) and transitioning from Part C to Part B, the School is not
required to provide the Part C services the child had been receiving. If the
child is found eligible for special education and related services under Part B,
and the parent consents to the initial provision of services under §300.300(b),
then the School must provide those services that are not in dispute. [34
C.F.R. 300.518]
If the hearing officer agrees with the child's parents that a change of
placement is appropriate, that placement must be treated as an agreement
between the state and parent for the purposes of (1)(c) of this section. [34
C.F.R. 300.518]
The School ensures that the rights of a child are protected by assigning an
individual to act as a surrogate for the parents when:
No parent can be identified;
After reasonable efforts are made, no parent can be located;
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The child is a ward of the state (with no foster parent);
The child is an unaccompanied homeless youth as defined by the
McKinney-Vento Homeless Assistance Act. [34 C.F.R. 300.519]
The School will have a method for determining when a surrogate parent is
needed and for making surrogate parent assignments. [34 C.F.R. 300.519]
The School ensures that a person selected as a surrogate parent:
Is not an employee of the state, the School, or any other agency that is
involved in the education or care of the child;
Has no personal or professional interest that conflicts with the interest
of the child the surrogate parent represents; and
Has knowledge and skills that ensure adequate representation of the
child. [34 C.F.R. 300.519]
In the case of an unaccompanied homeless youth, appropriate staff of
emergency shelters, transitional shelters, independent living programs, and
street outreach programs may be appointed as temporary surrogate parents
until a surrogate parent can be appointed that meets all the requirements of
this section. [34 C.F.R. 300.519]
When a child with a disability reaches age eighteen (18), unless that child
has been determined to be incompetent:
The School will provide any notice required by the IDEA regulations to
both the child and the parents; and
All rights accorded to parents under Part B of the Act transfer to the
child. [34 C.F.R. 300.520]
When the rights are transferred, the School will provide notice to the child
and parent of the transfer of rights. [34 C.F.R. 300.520]
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EXHIBIT
EXHIBIT
SPECIAL INSTRUCTIONAL PROGRAMS
PROCEDURAL SAFEGUARDS NOTICE
A sample of the procedural safeguards notice is available from the Arizona
Department of Education. It is titled "SPECIAL EDUCATION RIGHTS OF
PARENTS AND CHILDREN UNDER THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT (IDEA AMENDED 2004)". If the School
chooses to modify these sample procedures it is suggested that a comparison
to the citations in the information below be reviewed.
The Federal Regulations at 34 C.F.R. 300.504 on Procedural safeguards
notice read as follows:
"Sec. 300.504 Procedural safeguards notice.
(a) General. A copy of the procedural safeguards available to the
parents of a child with a disability must be given to the parents,
at a minimum-(1)
Upon initial referral for evaluation;
(2)
Upon each notification of an IEP meeting;
(3)
Upon reevaluation of the child; and
(4)
Upon receipt of a request for due process under Sec.
300.507.
(b) Contents. The procedural safeguards notice must include a full
explanation of all of the procedural safeguards available under
Secs. 300.403, 300.500-300.529, and 300.560-300.577, and the
State complaint procedures available under Secs. 300.660300.662 relating to-(1)
Independent educational evaluation;
(2)
Prior written notice;
(3)
Parental consent;
(4)
Access to educational records;
(5)
Opportunity to present complaints to initiate due process
hearings;
(6)
The child's placement during pendency of due process
proceedings;
(7)
Procedures for students who are subject to placement in an
interim alternative educational setting;
(8)
Requirements for unilateral placement by parents of
children in private schools at public expense;
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(9)
Mediation;
(10) Due process hearings, including requirements for disclosure
of evaluation results and recommendations;
(11) State-level appeals (if applicable in that State);
(12) Civil actions;
(13) Attorneys' fees; and
(14) The State complaint procedures under Secs. 300.660300.662, including a description of how to file a complaint
and the timelines under those procedures.
(c) Notice in understandable language. The notice required under
paragraph (a) of this section must meet the requirements of Sec.
300.503(c)."
The following is a summary of sources for procedures that may be found in
law, regulation and School policy other than the A.D.E. sample:
An opportunity for parent of a child with a disability to examine all
records § 34 C.F.R. 300.501, Policy JR and Regulation JR-R (Student
Records).
Procedures to protect the rights of the child whenever the parents of the
child are not known § 34 CFR 300.501 and A.R.S. 15-763.01.
Prior written notice to the parents is to be provided upon specific
instances § 34 C.F.R. 300.503.
Procedures designed to ensure the prior written notice is in the native
language of the parents, unless it clearly is not feasible to do so. If the
School is unable after making an effort, to provide the notice in the
native language of the parent, then the A.D.E. should be contacted for
assistance. See § 34 C.F.R. 300.503.
Procedures for mediation shall be provided. Contact the A.D.E. for a
list of mediators. See § 34 C.F.R. 300.507 et seq. and A.A.C. R7-2-401.
An explanation of the State complaint procedure shall be provided § 34
C.F.R. 300.660 et seq. and A.A.C. R7-2-405.
Due process procedures are to be included § 34 C.F.R. 300.507 and
A.A.C. R7-2-405.
Procedures that require the parent of a child with a disability, or the
attorney representing the child, to provide notice within certain
guidelines (it shall remain confidential) § 34 C.F.R. 300.507.
Discipline procedures should be explained § 34 C.F.R. 300.507, and
Policy JKD (Student Suspension).
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SPECIAL INSTRUCTIONAL PROGRAMS
AND ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
It is the responsibility of the School to identify and evaluate students who,
within the intent of Section 504 of the Rehabilitation Act of 1973, need
special services or programs in order that such students may receive the
required free appropriate education.
For this policy, a student who may need special services or programs within
the intent of Section 504 is one who:
Has a physical or mental impairment that substantially limits one (1)
or more major life activities, including learning; or
Has a record of such impairment; or
Is regarded as having such impairment.
Students may be eligible for services under the provisions of Section 504 even
though they do not require services pursuant to the Individuals with
Disabilities in Education Act (IDEA). Students who are identified as
individuals with exceptional needs, according to IDEA criteria, are not
addressed under this policy. The needs of such students are provided for
under Policy IHB and its regulations and under state and federal laws and
regulations.
Adopted: date of Handbook adoption
LEGAL REF.: 29 U.S.C. 706
29 U.S.C. 794
CROSS REF.:
GCQF - Discipline, Suspension, and Dismissal of
Professional/Support Staff Members
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
KED - Public Concerns/Complaints about Facilities and
Services
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REGULATION
REGULATION
SPECIAL INSTRUCTIONAL PROGRAMS
AND ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
Each qualified student within the School who is eligible to receive regular or
special education or related aids or services, regardless of the nature or
severity of the condition necessitating such programs or services, shall
receive free appropriate education in the School.
Identification and referral procedures:
Any student who needs or is believed to need special education or
related services not available through existing programs in order to
receive a free appropriate public education may be referred by a parent,
teacher, or other certificated school employee for identification and
evaluation of the student's individual education needs.
The identification and evaluation will be completed by persons
knowledgeable about the student, the student's school history, the
student's individual needs, the meaning of evaluation data, and the
placement options.
The Executive Director will monitor the
identification and evaluation to ensure that qualified personnel
participate.
The School will consider the referral and, based upon a review of the
student's existing records, including academic, social, and behavioral
records, make a decision as to whether an evaluation under this
procedure is appropriate. If a request for evaluation is denied, the
School will inform the parents or guardian of this decision and of their
procedural rights.
Evaluation. Evaluation of the student and formulation of a plan of services
will be carried out by the School according to the following procedures:
The School will evaluate the nature of the student's disability and the
impact of the disability upon the student's education. This evaluation
will include consideration of any behaviors that interfere with regular
participation of a student who otherwise meets the criteria (such as
age) for participation in the educational program and/or activities.
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No final determination of whether the student will or will not be
identified as a student with a disability within the meaning of Section
504 will be made by the School without first inviting the parent or
guardian of the student to participate in a meeting concerning such
determination.
A final decision will be made by the School in writing, and the parents
or guardian of the student shall be notified of the Section 504
procedural safeguards available to them, including the right to an
impartial hearing and review.
Plan for services:
For a student who has been identified as having a disability within the
meaning of Section 504 and in need of special education or related aids
and services, the School shall be responsible for determining what
special services are needed.
In making such determination, the School shall consider all available
relevant information, drawing upon a variety of sources, including, but
not limited to, comprehensive assessments conducted by the School's
professional staff.
The parents or guardian shall be invited to participate in School
meetings where services for the student will be determined, and shall
be given an opportunity to examine all relevant records.
The School will develop a written plan describing the disability and the
special education or related services needed. The plan will specify how
the regular or special education and related aids and services will be
provided, and by whom.
The School may also determine that no special education or related
services are appropriate. If so, the record of the School proceedings will
reflect the identification of the student as a person with a disability and
will state the basis for the decision that no special services are
presently needed.
A student with a disability shall be placed in the regular educational
environment of the School, with the use of the supplementary aids and
services, unless the School demonstrates that such placement cannot be
achieved satisfactorily. The student with a disability shall be educated
with those who are not disabled to the maximum extent appropriate to
the individual needs of the student.
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IHBA-RA
© 2012 Arizona School Boards Association
REGULATION
REGULATION
The School shall notify the parents or guardian in writing of its final
decision concerning the services to be provided.
If a plan for providing related services is developed, all school personnel
who work with the student shall be informed of the plan.
Review of the student's progress. The School will monitor the progress of
the student with a disability and the effectiveness of the student's education
plan annually to determine whether special education or related services are
appropriate and necessary, and that the student's needs are being met as
adequately as the needs of a nondisabled student.
Prior to any subsequent significant change in placement, a comprehensive
reevaluation of the student's needs will be conducted.
Procedural safeguards:
The parents or guardian shall be notified in writing of all School
decisions concerning the identification, evaluation, or educational
placement of students made under this policy.
The parents or guardian shall be notified that they may examine
relevant records.
As to such decisions by the School, the parents or guardian shall have
the right to an impartial hearing ("Section 504 due process hearing"),
with opportunity for participation by the parents or guardian and their
counsel.
In the notification of any School decision concerning
identification, evaluation, or placement, the parents or guardian will be
advised that:
A request for a Section 504 due process hearing should be made
within thirty-five (35) days of notice of right to file (but not less
than thirty [30] days).
The request shall be made to:
Name:
Director of Special Education
Address: 15533 W Paradise Lane
Surprise, AZ 85374
Phone:
623-975-2646
The hearing will be held as indicated below. The decision may be
appealed only to a federal court of competent jurisdiction.
Attorneys' fees are available only as authorized by law.
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IC-2411
© 2012 Arizona School Boards Association
REGULATION
IHBA-RA
REGULATION
If a state due process hearing has been or will be held under the IDEA
concerning issues relevant to the Section 504 proceeding, a hearing officer
qualified as to IDEA and Section 504 proceedings may preside in a joint
hearing. The issues for either IDEA or Section 504 determination shall be
clearly defined at the outset, and determinations by the hearing officer will
be separate and distinct.
If both the parents or guardian and the School agree that the student is not
eligible for special education under the IDEA, neither party is required to
exhaust administrative proceedings under the IDEA prior to the holding of a
Section 504 due process hearing.
The hearing officer shall render a decision. The parents or guardian shall be
notified in writing of the decision. Either party may seek review of the
decision of the Section 504 hearing officer by a federal court of competent
jurisdiction.
The parties shall abide by the decision of the Section 504 hearing officer
unless the decision is appealed to a federal court of competent jurisdiction
and the decision is stayed by the court.
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IC-2412
IHBA-RB
© 2012 Arizona School Boards Association
REGULATION
REGULATION
SPECIAL INSTRUCTIONAL PROGRAMS
AND ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
Section 504 Due Process
Hearing Procedures
An impartial due process hearing will be utilized to resolve differences
involving the education of a Section 504 qualified student with a disability
when such differences cannot be resolved by means of a less formal
procedure. In this instance, due process is defined as an opportunity to
present objections and reasons for the objections to the decision and/or
procedures of the committee regarding application of Section 504. A Section
504 due process hearing may be called at the request of the School or a
parent, guardian, or surrogate of an affected student. The proceedings will
be presided over and decided by an impartial hearing officer. Impartial
hearing officer means a person selected to preside at a due process hearing to
assure that proper procedures are followed and to assure the protection of the
rights of both parties.
In all related hearing matters the following definitions shall apply:
Days means calendar days.
Placement plan means the program by which the decision concerning
the educational placement of the student is decided.
Parents means parents, guardian, or surrogate parent.
Parents or the School may initiate a due process hearing on a matter related
to (1) eligibility and related procedures, (2) procedural safeguards, or (3)
provision of a free and appropriate public education to the student.
Requests for a due process hearing must be submitted in writing to the
Executive Director. Hearing notifications to the parents shall be given at
least twenty (20) days prior to the date set for the hearing. The notice shall
contain:
A statement of time, place, and nature of the hearing.
A statement of the legal authority and jurisdiction under which the
hearing is being held.
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IC-2412
© 2012 Arizona School Boards Association
REGULATION
IHBA-RB
REGULATION
A reference to the particular section of the statutes and rules involved.
A statement of the availability of relevant records for examination.
A short and plain statement of the matters asserted.
A statement of the right to be represented by counsel.
All written correspondence shall be provided in English and/or interpreted in
the primary language.
Hearing Procedures
The hearing officer shall preside at the hearing and shall conduct the
proceedings in an impartial manner to the end that all parties involved have
an opportunity to:
Present their evidence.
Produce outside expert testimony and be represented by legal counsel
and by individuals with knowledge or training with respect to problems
of students with disabilities.
Parents involved in the hearing will be given the right to:
Have the student present at the hearing.
Open the hearing to the public.
In cases where there are language differences, an interpreter shall be
provided.
The hearing officer shall review all relevant facts concerning the education
placement.
The hearing officer shall determine, subject to appeal by judicial review,
whether the School has met all procedural aspects of the education
accommodation plan.
The hearing officer shall render a decision, subject to judicial review,
that is binding on all parties, except that in all cases any action taken
must comply with current Arizona Revised Statutes and federal court
decisions.
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IC-2412
© 2012 Arizona School Boards Association
REGULATION
IHBA-RB
REGULATION
The hearing officer shall ascertain that:
The procedures utilized in determining the student's needs have
been appropriate in nature and degree.
The student's rights have been fully observed.
The provision of aids, services, or programs to the student may
afford a free and appropriate education.
If the parents' primary language is other than English, then the
hearing officer shall appoint an interpreter.
Decision of the Hearing Officer
A copy of the hearing officer's decision shall be delivered to the School and
the parent, guardian, or surrogate within ten (10) days following completion
of the hearing, which in no event shall be later than forty-five (45) days after
receipt of the request for a hearing.
Notification will include a statement that either party may appeal the
decision.
The decision of the hearing officer is binding on all parties concerned; it is
subject only to judicial review.
Record of Hearing
A written or electronic verbatim recording of the Section 504 due process
hearing shall be on file at the School office and will be available for review
upon request to the parents and/or any of the involved parties. Parents may
have a copy of the proceedings, in English and in the primary language of the
home.
LEGAL REF.: A.A.C. R7-2-405
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IC-2431
IHBA-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
SPECIAL INSTRUCTIONAL PROGRAMS
AND ACCOMMODATIONS FOR
DISABLED STUDENTS
(Section 504 of the Rehabilitation Act of 1973)
POLICY MEMORANDUM
TO:
Staff
FROM:
RE:
Responsibilities of the School to Students with Disabilities
under Section 504 of the Rehabilitation Act of 1973.
This memorandum is to clarify certain responsibilities of the School under
Section 504 of the Rehabilitation Act of 1973.
Section 504 prohibits discrimination against persons with disabilities,
including both students and staff members, by school districts receiving
federal financial assistance. Included in the U.S. Department of Education
regulations for Section 504 is the requirement that students with disabilities
be provided with free appropriate public education (FAPE). The regulations
pertaining to FAPE are published at 34 Code of Federal Regulations, Part
104, Subpart D.) These regulations require identification, evaluation, the
provision of appropriate services, and procedural safeguards.
With respect to most students with disabilities, many aspects of the Section
504 regulations concerning FAPE parallel the requirements of the
Individuals with Disabilities Education Act (IDEA) (formerly the Education
of the Handicapped Act) and Arizona law. In those areas, by fulfilling our
responsibilities under the IDEA and state law we are also meeting the
standards of the Section 504 regulations.
However, in some other respects the requirements of the laws are different.
There are some students who are not eligible for IDEA services but who
nevertheless are eligible under Section 504, and to whom the School may
therefore have responsibilities.
The IDEA defines as eligible only students who have certain specified types
of impairments and who, because of one (1) of those conditions, need special
education. Section 504, on the other hand, protects all students with
disabilities, defined as those having any physical or mental impairment that
substantially limits one (1) or more major life activities (including learning).
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© 2012 Arizona School Boards Association
EXHIBIT
IHBA-E
EXHIBIT
Section 504 covers all students who meet this definition, even if they do not
fall within the IDEA-enumerated categories and even if they do not need to be
in a special education program.
An example of a student who is protected by Section 504 but who may not be
covered by the IDEA is one who has juvenile arthritis but who has no mental
impairments. Such a student has a health impairment but may not be
covered by the IDEA if the student does not need placement in a special
education program. However, the student is disabled for purposes of Section
504. A similar example might be a student with acquired immune deficiency
syndrome (AIDS). Students with attention deficit/hyperactivity (ADD/H) or
emotional disorders are another example. Such students may not meet the
criteria for IDEA categories such as learning disabled or severely emotionally
disturbed. However, if their disorders or conditions substantially limit their
ability to function at school, they are disabled within the meaning of Section
504.
If the School has reason to believe that, because of a disability as defined
under Section 504, a student needs either special education and related
services or related services in the regular setting in order to participate in the
school program, the School must evaluate the student; if the student is
determined to be disabled under Section 504, the School must develop and
implement a plan for the delivery of any needed services. Again, these steps
must be taken even though the student is not covered by IDEA special
education provisions and procedures.
What is required for the Section 504 evaluation and placement process is
determined by the type of disability believed to be present, and the type of
services the student may need. The evaluation must be sufficient to
accurately and completely assess the nature and extent of the disability, and
the recommended services. Evaluations more limited than a full special
education evaluation may be adequate in some circumstances. For example,
in the case of the student with juvenile arthritis, the evaluation might consist
of a meeting with the parent and reviewing the student's current medical
records.
In the cases of ADD/H students, current psychoeducational
evaluations may be used if such evaluations assessed the ADD/H issue. In
other cases, additional testing may be necessary.
The determination of what services are needed must be made by a group of
persons knowledgeable about the student. The group should review the
nature of the disability, how it affects the student's education, whether
special services are needed, and if so what those services are. The decisions
about Section 504 eligibility and services must be documented in the
student's file and reviewed periodically.
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IC-2431
© 2012 Arizona School Boards Association
EXHIBIT
IHBA-E
EXHIBIT
For the juvenile arthritic student, Section 504 services might be the provision
of a typing course and use of a typewriter/word processor to improve writing
speed or to provide a less painful means of writing. For the AIDS student,
Section 504 services might be the administration and monitoring of
medication, or a class schedule modified to address the student's stamina.
For an ADD/H student, services might include modifications in the regular
classroom, special assistance from an aide, a behavior plan, counseling,
and/or the monitoring of medication.
It should also be noted that, under Section 504, the parents or guardian must
be provided with notice of actions affecting the identification, evaluation, or
placement of the student and are entitled to an impartial hearing if they
disagree with School decisions in these areas. For disabilities covered only by
Section 504 and not the IDEA, a Section 504 hearing will have to be made
available that is separate from the IDEA hearing process. The School is
exploring different frameworks for the adoption of procedures for conducting
Section 504 hearings in the School, should the need arise.
In summary, it is important to keep in mind that some students who have
physical or mental conditions that limit their ability to participate in the
education program are entitled to rights under Section 504 even though they
may not fall into IDEA categories and may not be covered by that law.
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IC-2450
IHBB
© 2012 Arizona School Boards Association
GIFTED AND TALENTED EDUCATION
The Governing Body requires that appropriate instructional programs be
conducted to meet the needs of exceptionally gifted students of school age, in
keeping with the School's goal of developing the special abilities of each
student.
The framework for said programs shall encompass the following objectives:
Expansion of academic attainments and intellectual skills.
Stimulation of intellectual curiosity, independence, and responsibility.
Development of originality and creativity.
Development of positive attitude toward self and others.
Development of desirable social and leadership skills.
Career exploration and awareness.
Ability of candidates for this program shall be evidenced by:
Achievement in schoolwork.
Scores on tests measuring intellectual ability and aptitude.
The judgments of teachers, psychologists, administrators, and
supervisors familiar with the demonstrated abilities of the students.
Procedures shall be established by the Executive Director for identifying
students of demonstrated achievement or potential ability.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-779 et seq.
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IC-2550
© 2012 Arizona School Boards Association
IHBCA
PROGRAMS FOR PREGNANT /
PARENTING STUDENTS
Pregnant students should have the same educational opportunities as their
peers.
Pregnant students may elect to remain in the regular school program and
shall not be involuntarily excluded from any part of the school program,
provided, however, that reasonable safeguards are maintained both for the
school's and the student's best interests.
Pregnant students shall notify school authorities of their status as soon as it
is ascertained. The Executive Director will establish procedures as necessary
to implement this policy.
Adopted: date of Handbook adoption
CROSS REF.:
IHBF - Homebound Instruction
JHD - Exclusions and Exemptions from School Attendance
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IC-2561
© 2012 Arizona School Boards Association
REGULATION
IHBCA-R
REGULATION
PROGRAMS FOR PREGNANT /
PARENTING STUDENTS
The School affirms the right of a pregnant student to continue her
participation in the public school program.
As soon as the pregnancy is medically confirmed, the student shall consult
with a member of the counseling staff or the administrator for the purpose of
planning her educational program.
The student may be eligible for the following educational plans or may
suggest alternatives:
She may remain in her present school program, with modifications as
necessary, until the birth of her baby is imminent or until her physician
states that continued participation would be detrimental to her health.
If eligible for homebound or chronic illness status, in accord with A.R.S.
15-901, she may temporarily withdraw from school at the direction of
her physician and may receive homebound instruction from the date of
her withdrawal until her physician states that she is physically able to
return to school.
Efforts will be made to see that the educational program of the student is
disrupted as little as possible; that she receives information on available
health and counseling services, as well as instruction; and that she is
encouraged to return to school after delivery.
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IC-2650
IHBD
© 2012 Arizona School Boards Association
COMPENSATORY EDUCATION
(Title I)
The Executive Director shall pursue funding under Title I, Improving the
Academic Achievement of the Disadvantaged, of the Elementary and
Secondary Education Act, to supplement instructional services and activities
in order to improve the educational opportunities of educationally
disadvantaged or deprived children.
All schools, regardless of whether they receive Title I funds, shall provide
services that, taken as a whole, are substantially comparable. Teachers,
administrators, and other staff shall be assigned in a manner that ensures
equivalency among the schools. Curriculum materials and instructional
supplies shall be provided in a manner that ensures equivalency among
schools.
Parents and pupils of private schools who are eligible for services as residents
within the School shall be provided services on an equitable basis in
accordance with 20 U.S.C. 6320 of the Elementary and Secondary Education
Act.
Title I Parental Involvement
The School maintains programs, activities, and procedures for the
involvement of parents/guardians of students receiving services, or enrolled
in programs, under Title I. These programs, activities, and procedures are
described in School-level compacts.
School-Level Parental Involvement Compact. The Executive Director shall
develop a School-Level Parental Involvement Compact according to Title I
requirements.
This School-Level Parental Involvement Compact shall
contain:
The School's expectations for parental involvement;
Specific strategies for effective parent involvement activities to improve
student academic achievement and School performance;
A process for continually involving
development and implementation;
parents/guardians
in
its
How parents/guardians, the entire School staff, and students share the
responsibility for improved student academic achievement;
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© 2012 Arizona School Boards Association
IHBD
The means by which the School and parents/guardians build and
develop a partnership to help children achieve the state's high
standards; and
Other provisions as required by federal law.
The Executive Director shall ensure that the Compact is distributed to
parents/guardians of students receiving services, or enrolled in programs,
under Title I.
Adopted: date of Handbook adoption
LEGAL REF.: 20 U.S.C. 6301 et seq., No Child Left Behind
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IC-2661
© 2012 Arizona School Boards Association
REGULATION
IHBD-R
REGULATION
COMPENSATORY EDUCATION
(Title I)
Parental Involvement Compact
The Parental Involvement compact shall provide an understanding of the
joint responsibility of the School and parents/guardians to improve students'
academic achievement and School performance.
To that end, the School provides opportunities for parents/guardians
involvement in the joint development of the School's plan to help lowachieving children meet challenging achievement and academic standards
(20 U.S.C 6312), and the process of School review and improvement (20
U.S.C. 6316) by:
Establishing a Parental Involvement Committee with parents/
guardians liaisons from each building as well as representatives from
other impacted programs, including Head Start.
Establishing meaningful, ongoing two-way communication between the
School, staff, and parents/guardians.
Developing a medium to communicate to parents/guardians about the
plan and seek their input and participation.
Training personnel on how to collaborate effectively with families with
diverse backgrounds that may impede parents/guardians participation
(e.g. illiteracy or language difficulty).
The School provides the coordination, technical assistance, and other support
necessary to plan and implement effective parents/guardians involvement
activities to improve student academic achievement and School performance
by:
Providing ongoing workshops to plan and implement improvement
strategies.
Establishing training programs for School liaison(s).
Providing information to parents/guardians about the various
assessment tools and instruments that will be developed to monitor
progress.
Seeking input from parents/guardians in developing workshops.
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REGULATION
IHBD-R
REGULATION
Providing ongoing communication about the School-wide committee
through newsletters or other written or electronically communicated
means.
Engaging the school parent organizations to actively seek out and
involve parents/guardians through regular communication updates and
information sessions.
Utilizing parent organizations to assist in identifying effective
communication strategies based on their members' needs.
The School coordinates and integrates parents/guardians involvement
strategies under this compact with parents/guardians involvement strategies
under other programs, (such as the Head Start program, Reading First
program, Early Reading First program, Even Start program, Parents as
Teachers program, Home Instruction Program for Preschool Youngsters, and
State-run preschool programs) by:
Involving School representatives from other programs to assist in
identifying specific population needs.
Sharing data from other programs to assist in developing new
initiatives to improve academic achievement and School improvement.
The School conducts, with the involvement of parents/guardians, an annual
evaluation of the content and effectiveness of the parents/guardians
involvement policy in improving the academic quality, including identifying
barriers to greater participation by parents/guardians in activities authorized
by this section (with particular attention to parents/guardians who are
economically disadvantaged, are disabled, have limited English proficiency,
have limited literacy, or are of any racial or ethnic minority background), and
use the findings of such evaluation to design strategies for more effective
parents/guardians involvement, and to revise, if necessary, the
parents/guardians involvement policies described in this section by:
Evaluating the effectiveness of the content and communication methods
through a variety of methods, including: focus groups, surveys,
workshops, and informal coffees with School administrative staff,
parents/guardians, and teachers.
Identifying barriers to effective evaluation by language support or other
assistance as needed.
Identifying potential policy and compact changes to revise and improve
program(s).
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IC-2661
IHBD-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
The School involves parents/guardians in the activities by:
Providing communication and calendar information to parents/
guardians of upcoming meetings, discussions or events and encouraging
their participation.
Providing administrator and parent organization coordination of events.
Convening an annual meeting, at a convenient time, to which all
parents/guardians of participating children are invited and encouraged
to attend, to inform parents/guardians of their school's participation
under Title I and to explain the requirements of Title I, and the right of
the parents/guardians to be involved. The School administrator shall:
Invite all parents/guardians of participating children to the
annual meeting at School.
Explain the rights of parents/guardians to be involved in
establishing this compact.
Introduce and
committee.
involve
the
school
representatives
on
the
Provide an overview of Title I and give parents/guardians an
opportunity to express questions and concerns.
Indicate the mechanisms by which the committee work will be
communicated.
Seek the involvement and input of parents/guardians.
Provide child care so that all parents/guardians who would
otherwise be unable to attend may attend.
Offering a flexible number of meetings, such as meetings in the
morning or evening, and may provide, with funds provided under this
part, transportation, child care, or home visits, as such services relate to
parental involvement. The School administrator shall:
Provide parents/guardians with opportunities to ask questions
and dialogue informally about student academic achievement and
School performance.
Engage school-based parent organizations
communication and implementation needs.
to
assist
with
Develop and use outreach programs to involve community groups
and organizations.
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REGULATION
IHBD-R
REGULATION
Involving parents/guardians in an organized, ongoing, and timely way,
in the planning, review, and improvement of programs under Title I,
including the planning, review, and improvement of the school parental
involvement policy and the joint development of the school wide
program plan (under 20 U.S.C. 1114). The School administrator shall:
Identify and establish a process by which an adequate
representation of parents/guardians of participating children can
occur.
Establish a schedule for the School-based committee to plan,
review, and recommend improvements to the School parent
involvement policy.
The School administrator shall:
Provide parents/guardians of
information about programs.
participating
children
timely
Communicate updates through use of School newsletters, the web
site, e-mail and telephone contact, and home visits if needed.
The School administrator will provide a description and explanation of the
curriculum in use at the school, the forms of academic assessment used to
measure student progress, and the proficiency levels students are expected to
meet.
The School administrator shall:
Provide parents/guardians, upon request, opportunities for regular
meetings to formulate suggestions and to participate, as appropriate, in
decisions relating to the education of their children, and respond to any
suggestions as soon as practicably possible.
Develop a feedback loop for parents/guardians to ask questions and
receive follow-up.
If the school wide plan is not satisfactory to the parents/guardians of
participating children, the School administrator shall:
Submit any comments when the School makes the plan available to the
Governing Body.
Provide a process for parents/guardians to express concerns and
complaints.
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IHBD-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
Shared Responsibilities for High
Student Academic Achievement
The School is responsible for providing a high-quality curriculum and
instruction in a supportive and effective learning environment that enables
the children served under Title I to meet the state's student academic
achievement standards.
Each parent/guardian is responsible for supporting their children's learning,
by:
Monitoring attendance, homework, and television viewing.
Volunteering in their child's classroom and participating, as
appropriate, in decisions relating to their children's education and
extracurricular activities.
Communication between teachers and parents/guardians occurs on an
ongoing basis through:
Parent-teacher conferences in elementary schools, at least annually,
during which the compact shall be discussed as the compact relates to
the individual child's achievements.
Frequent reports to parents/guardians on their children's progress.
Reasonable access to staff, opportunities to volunteer and participate in
their child's class, and observation of classroom activities.
School Capacity
for Involvement.
To ensure effective involvement of parents/guardians and to support a
partnership, the School shall:
Provide assistance to parents/guardians of children served in
understanding the state's academic content standards and state student
academic achievement standards, state and local assessments,
monitoring a child's progress, and work with educators to improve the
achievement of their children.
Provide materials and training (such as literacy, technology, et cetera)
to help parents/guardians work with their children.
Educate teachers and other staff in the value and utility of
contributions of parents/guardians and how to effectively communicate
with and work with parents/guardians as equal partners.
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REGULATION
IHBD-R
REGULATION
Implement and coordinate parent/guardian programs that will build
ties between them.
Coordinate and integrate parent involvement programs and activities
with Head Start, Reading First, Early Reading First, Even Start, the
Home Instruction Programs for Preschool Youngsters, the Parents as
Teachers Program and public preschool and other programs and
conduct other activities, such as parent/guardian resource centers that
encourage and support parents/guardians in more fully participating in
the education of their children.
Ensure that information is sent to the parents/guardians of
participating children in a format and language that parents/guardians
can understand.
Involve parents/guardians in the development of training for teachers,
school administrators, and other educators to improve the effectiveness
of such training.
Provide necessary literacy training from funds received under this part
if the School has exhausted all other reasonably available sources of
funding for such training.
Pay reasonable and necessary expenses associated with local parental
involvement activities, including transportation and child care costs to
enable parents/guardians to participate in School-related meetings and
training sessions.
Train parents/guardians to enhance the involvement of other parents/
guardians.
Use outreach programs to involve community groups and organizations.
Arrange school meetings at a variety of times, or conduct in-home
conferences between teachers and other educators, in order to maximize
parental involvement and participation.
Adopt and implement model approaches to improving parental
involvement.
Establish a School-wide parent advisory council to provide advice on all
matters related to parental involvement in supported programs.
Develop appropriate roles for community-based organizations and
businesses in parent/guardian involvement activities.
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IC-2661
© 2012 Arizona School Boards Association
REGULATION
IHBD-R
REGULATION
Provide such other reasonable support for parental involvement
activities under this section as parents/guardians may request.
In carrying out the parental involvement requirements of this compact, the
School, to the extent practicable, will provide full opportunities for the
participation of parents/guardians with limited English proficiency or
disabilities, including providing information and School reports in a format
and, to the extent practicable, in a language such parents/guardians
understand.
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IC-2681
© 2012 Arizona School Boards Association
EXHIBIT
IHBD-EA
EXHIBIT
COMPENSATORY EDUCATION
CHECKLIST FOR DEVELOPMENT, IMPLEMENTATION,
AND MAINTENANCE OF PARENT INVOLVEMENT
COMPACTS FOR TITLE I PROGRAMS
The development, implementation, and maintenance of parent/guardian
involvement compacts must be accomplished with meaningful consultation
with parents/guardians of children participating in Title I programs. The
Executive Director designates a person to be responsible for the process of
obtaining meaningful consultation. This checklist includes some measures
designed to encourage meaningful consultation.
This is an annual checklist. Check steps as completed.
Plan regular meetings throughout the school year with parents/guardians
to discuss the School compact; identify dates, convenient times, places,
and persons whose attendance is desired. Offer meetings in the morning
or evening, and, if funds are available under Title I for this purpose,
provide transportation, childcare, or home visits, as such services relate to
parent/guardian involvement.
Plan an agenda for meetings to be held to discuss School compacts.
Always begin with "introducing where we are now" and end with "next
steps."
Agendas should provide for two-way communication between School
and parents/guardians of children participating in Title I programs.
Agendas can be built around the federal compliance requirements as
stated in the School-level compacts as developed.
Agendas should also include a section to inform parents/guardians of
the School's participation under Title I and to explain Title I's
requirements regarding parent involvement, including the right of the
parents/guardians to be involved.
Agendas should also include a section to describe and explain the
curriculum in use at the School, the forms of academic assessment used
to measure student progress, and the proficiency levels students are
expected to meet.
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© 2012 Arizona School Boards Association
EXHIBIT
IHBD-EA
EXHIBIT
If requested by a parent/guardian, agendas should also include a
section for parents/guardians to formulate suggestions and to
participate, as appropriate, in decisions relating to the education of
their children.
Agendas should also include a section to involve parents/guardians in
the planning, review, and improvement of Title I programs, including
the joint development of the School-wide program plan.
Another agenda topic is how funds are allotted for parent/guardian
involvement in activities; parents/guardians of children receiving
services must be involved in these decisions.
Notify interested persons of meeting dates to discuss the School compacts,
including:
Parents/guardians of students participating in Title I programs
Staff members
Students participating in Title I programs
School Governing Body members
Media
Coordinators for other school programs, (e.g. Head Start and preschool
programs)
Officials of private schools
Other
Publicize the meeting dates, times, and locations to discuss School
compacts.
Make all Open Meetings Law notifications and postings for meetings to be
held to discuss School compacts. (Notice and record keeping shall be in
accord with the open meeting laws)
Appoint a recording secretary to keep meeting minutes.
Provide copies of working drafts to parents/guardians in an
understandable and uniform format and, to the extent practicable, in a
language the parents/guardians can understand.
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IC-2681
© 2012 Arizona School Boards Association
EXHIBIT
IHBD-EA
EXHIBIT
Determine "success" indicators to measure the effectiveness of the
parental involvement compacts in improving the academic quality of the
School.
Review the "success" indicators in order to evaluate the effectiveness of
the parental involvement compacts in improving the academic quality of
the School.
Identify barriers to greater participation by parents/guardians, with
particular attention to parents/guardians who are economically
disadvantaged, are disabled, have limited English proficiency, have
limited literacy, or are of any racial or ethnic minority background. Use
the findings of such evaluation to design strategies for more effective
parent/guardian involvement.
If the School-wide program plan is not satisfactory to the parents/
guardians of participating children, submit any parents/guardians
comments on the plan when the School makes the plan available to the
Governing Body.
Provide status reports to the Governing Body and, periodically, request
the Governing Body's approval of the parental involvement compacts as
they evolve.
Revise the applicable parental involvement compacts as necessary.
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IC-2682
© 2012 Arizona School Boards Association
EXHIBIT
IHBD-EB
EXHIBIT
COMPENSATORY EDUCATION
NOTICE TO PARENTS
Improving Basic Programs:
At the beginning of each school year, a school that receives funds under this
part shall notify the parents of each student attending the school receiving
funds under this part that the parents may request, and the school will
provide the parents on request, information regarding the professional
qualifications of the student's classroom teachers, including, at a minimum,
the following: [20 U.S.C 6311(h)(6)(A)]
Whether the teacher has met the State qualifications and licensing
criteria for the grade levels and subject areas in which the teacher
provides instruction.
Whether the teacher is teaching under emergency or other provisional
status.
The teacher's baccalaureate degree major and any other graduate
certifications or degrees.
Whether paraprofessionals provide services to the student and, if so,
their qualifications.
A school must provide to parents information on the level of achievement of
the parent's child in each of the state academic assessments. [20 U.S.C
6311(h)(6)(B)(i)]
A school must provide parents timely notice that the parent's child has been
assigned, or has been taught for four (4) or more consecutive weeks by, a
teacher who is not highly qualified. [20 U.S.C 6311(h)(6)(B)(ii)]
Academic Assessment and Local Education
Agency and School Improvement
A school shall promptly provide to parents of each student enrolled in an
elementary school or a secondary school identified for school improvement,
corrective action or restructuring: [20 U.S.C 6316(b)(6)]
An explanation of what the identification means, and how the school
compares in terms of academic achievement to other schools and the
state educational agency;
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EXHIBIT
IHBD-EB
EXHIBIT
The reasons for the identification;
An explanation of what the school identified for school improvement is
doing to address the problem;
An explanation of what the school is doing to address the achievement
problem;
An explanation of how the parents can become involved in addressing
the academic issues that caused the school to be identified for school
improvement; and
An explanation of the parents' option to transfer their child to another
public school (with transportation provided when required) or to obtain
supplemental educational services for the child.
Whenever the school fails to make adequate yearly progress and/or is
restructured, the school shall provide the teachers and parents with an
adequate opportunity to comment and participate in developing a plan. [20
U.S.C 6316(b)(8)(c)]
The school shall provide annual notice to parents of each student enrolled in
an elementary school or a secondary school identified for school improvement
under 20 U.S.C. 6316(b)(1)(E)(i), for corrective action under 20 U.S.C.
6316(b)(7)(C)(i), or for restructuring under 20 U.S.C. 6316(b)(8)(A)(i).: [20
U.S.C. 6316(e)(2)(A)]
The availability of supplemental education services;
The identity of approved providers whose services are reasonably
available; and
A brief description of those services, qualifications, and demonstrated
effectiveness of each such provider.
Parental Involvement
Parents shall be notified of the parental involvement policy in an
understandable and uniform format and, to the extent practicable, provided
in a language the parents can understand. Such policy shall be made
available to the local community and updated periodically to meet the
changing needs of parents and the school. [20 U.S.C 6318(b)]
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IC-2682
© 2012 Arizona School Boards Association
EXHIBIT
IHBD-EB
EXHIBIT
Each school shall: [20 U.S.C 6318(c)]
Convene an annual meeting, at a convenient time, to which all parents
of participating children shall be invited and encouraged to attend, to
inform parents of their school's participation, and to explain the
requirements of this part, and the right of the parents to be involved;
Offer a flexible number of meetings;
Involve parents, in an organized, ongoing, and timely way, in the
planning, review, and improvement of programs including the planning,
review, and improvements of the school parental involvement policy
and the joint development of the school-wide program plan under 20
U.S.C. 6314(b)(2);
Provide parents of participating children:
Timely information about programs under this part;
A description and explanation of the curriculum in use at the
school, the forms of academic assessment used to measure student
progress, and the proficiency levels students are expected to meet;
and
If requested by parents, opportunities for regular meetings to
formulate suggestions and to participate, as appropriate, in
decisions relating to the education of their children, and respond
to any such suggestions as soon as practicably possible.
Voluntary Public School
Choice Program
The school shall provide to parents of students in the area to be served by the
Voluntary Public School Choice program with prompt notice of: [20 U.S.C.
7225d(a)(2)]
The existence of the program;
The program's availability; and
A clear explanation of how the program will operate.
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IC-2900
IHBE
© 2012 Arizona School Boards Association
BILINGUAL INSTRUCTION / NATIVE
LANGUAGE INSTRUCTION
Individual schools in which twenty (20) or more students of a given grade
level receive parental exception waivers in accord with A.R.S. 15-753 shall
offer classes teaching English and other subjects through bilingual education
techniques or other generally recognized educational methodologies
permitted by law. Where these programs are not available students receiving
parental exception waivers shall be permitted to transfer to a public school in
which such a class is offered.
Prerequisites for Waiver Requests
With prior written informed consent, provided on an annual basis, a student's
parents or legal guardian may request a waiver from the application of A.R.S.
15-752 - being placed in an English language classroom. In order to apply for
a waiver the parents or guardian must:
Visit the School to apply for the waiver, and while at the School,
Be provided a full description of the educational materials to be
used in the different educational program choices, and
Be provided all the educational opportunities available to the
child.
Parental Exception Waiver
A parental exception waiver may be applied for if the above prerequisites
have been met and at least one (1) of the following applies:
The student already possesses good English language skills, as
measured by:
Oral evaluation or standardized tests of English vocabulary
comprehension, reading, and writing, in which the student scores:
Approximately at or above the state average for the
student's grade level, or
At or above the fifth (5th) grade average, whichever is
lower.
The student is age ten (10) or older, and:
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IC-2900
© 2012 Arizona School Boards Association
IHBE
It is the informed belief of the school principal and educational
staff that an alternate course of educational study would be better
suited to the student's overall educational progress and rapid
acquisition of basic English language skills.
The student has special individual needs (physical and psychological
needs above and beyond the lack of English proficiency).
Any decision to issue a waiver based on special individual need is
to be made subject to the examination, approval and authorizing
signature of the Executive Director within, but not limited to, the
following guidelines:
The student has already been placed in an English
language classroom for not less than thirty (30) calendar
days during that school year.
It is subsequently the informed belief of the School
administrator and educational staff that the child has such
special and individual physical or psychological needs,
above and beyond the lack of English proficiency, and an
alternate course of educational study would be better suited
to the student's overall educational development and rapid
acquisition of English.
A written description of not less than two hundred
fifty (250) words documenting these special
individual needs for the specific student must be
provided and permanently added to the student's
official school record after.
A special needs review has been completed by
persons knowledgeable about the student, the
student's school history, the student's special
individual needs, the meaning of evaluation data,
and the placement options. The review shall be
based upon the student's existing records, including
academic, social, and behavioral records.
The waiver application must contain the original
authorizing signature of the School administrator.
If the student has been determined to be a student with a
disability under the Individuals with Disabilities Education
Act then all procedural safeguards including those relative
to evaluation and the provision of free appropriate public
education must be followed.
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IC-2900
© 2012 Arizona School Boards Association
IHBE
If the student has been determined to be a student with a
disability under Section 504 of the Rehabilitation Act of
1973, evaluation and such accommodations as are
necessary to provide a free appropriate public education
shall be provided in accord with the act.
Teachers and local school districts may reject waiver requests
without explanation or legal consequence. The existence of such
special individual needs shall not compel issuance of a waiver.
The parents shall be fully informed of their right to refuse to
agree to a waiver for special individual needs.
The Executive Director shall
implementation of this policy.
develop
procedures
as
necessary
for
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-751
15-752
15-753
15-754
15-755
A.A.C. R7-2-310
CROSS REF.:
IHAA - English Instruction
IHB - Special Instructional Programs
IHBA - Special Instructional Programs and Accommodations
for Disabled Students
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IC-2931
© 2012 Arizona School Boards Association
EXHIBIT
IHBE-EA
EXHIBIT
BILINGUAL INSTRUCTION / NATIVE
LANGUAGE INSTRUCTION
LIMITED ENGLISH PROFICIENT STUDENTS
REQUIRED NOTICE
Those eligible entities using funds provided under Chapter 70 STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND
SECONDARY SCHOOLS - Subchapter III - Language Instruction for
Limited English Proficient and Immigrant Students shall provide the
following notice.
As required by 20 U.S.C 7012(a): The school or district must inform a
parent of a limited English proficient child identified for participation,
or participating in, such a program of the reasons for their child being
identified, their child’s level of English proficiency, instructional
method, how their child's program will meet their child's needs, how the
program will help the child to learn English, exit requirements or
expected rate of transition, and information regarding parental rights.
As required by 20 U.S.C 7012(b): Each school or district using funds
provided under this part to provide a language instruction educational
program that has failed to make progress on the annual measurable
achievement objectives described in section 3122 for any fiscal year for
which part A is in effect, shall separately inform the parents of a child
identified for participation in such a program, or participating in such
program, of such failure not later than thirty (30) days after such
failure occurs.
As required by 20 U.S.C 7012(e): Each school or district shall
implement an effective means of outreach to parents of limited English
proficient students to inform the parents regarding how they can be
involved in their children's education, and be active participants in
assisting their children to attain English proficiency, achieve at high
levels in core academic subjects, and meet challenging state academic
achievement standards and state academic content standards expected
of all students. In addition, the outreach shall include holding, and
sending notice of opportunities for, regular meetings for formulating
and responding to parent recommendations.
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IC-2932
© 2012 Arizona School Boards Association
EXHIBIT
IHBE-EB
EXHIBIT
BILINGUAL INSTRUCTION / NATIVE
LANGUAGE INSTRUCTION
REQUEST FOR PARENTAL EXCEPTION WAIVER
Student's name _________________________________________________________
Last
First
M.I.
School _______________________ Current grade _______ Birth date ________
Home phone____________ Work phone___________ Message phone __________
Parent or guardian's name ______________________________________________
Last
First
M.I.
Home address __________________________________________________________
Street
City
Zip
E-mail address _________________________________________________________
I, ____________________________________ the undersigned parent /legal
guardian of the above student, visited the school and while present was
provided with a full description of the education materials to be used in
different educational program choices, and a full description of all the
educational opportunities available to my child. I herein request a waiver
from the application of A.R.S. 15-752 - being placed in an English language
classroom and consent to placement in a bilingual education/native language
instruction program.
The reason for the request is that
the above-named student:
Possesses good English language skills.
Is age ten (10) or older
Has special individual needs
The following (or attached) information is provided to assist in making a
determination as to the granting of the waiver.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_____________________________________
Signature of Parent or Legal Guardian
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Date
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IC-2932
© 2012 Arizona School Boards Association
EXHIBIT
IHBE-EB
EXHIBIT
FOR SCHOOL USE ONLY  DO NOT WRITE BELOW THIS LINE
Date stamp ________________________________
Filing Date
 Approved
 Denied
Administrator _________________________________
Date _______________
Executive Director _____________________________
Date _______________
(Only required for special individual needs)
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IC-3000
© 2012 Arizona School Boards Association
IHBF
HOMEBOUND INSTRUCTION
"Homebound" or "hospitalized" means a student who is capable of profiting
from academic instruction but is unable to attend school due to illness,
disease, accident or other health conditions, who has been examined by a
competent medical doctor and who is certified by that doctor as being unable
to attend regular classes for a period of not less than three (3) school months
or a pupil who is capable of profiting from academic instruction but is unable
to attend school regularly due to chronic or acute health problems, who has
been examined by a competent medical doctor and who is certified by that
doctor as being unable to attend regular classes for intermittent periods of
time totaling three (3) school months during a school year. Homebound or
hospitalized includes a student who is unable to attend school for a period of
less than three (3) months due to a pregnancy if a competent medical doctor,
after an examination, certifies that the student is unable to attend regular
classes due to risk to the pregnancy or to the student's health.
Requests for homebound instruction must be made to the school office and
shall include medical certification stating the general medical condition, such
as illness, disease or chronic health condition, that is the reason the student
is unable to attend school. Homebound instruction must be provided a
minimum of four (4) hours per week by teachers with the same certification
as the regular classroom teacher. Full-time attendance may be counted for
each day during a week in which the student receives at least four (4) hours
of instruction. Classroom teachers are expected to work with the teachers of
homebound students concerning materials to be covered in order that each
homebound student may rejoin the class upon return to school.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-346
A.A.C. R7-2-607
CROSS REF.: JHD - Exclusions and Exemptions from School Attendance
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IC-3300
© 2012 Arizona School Boards Association
IHBHD
ONLINE / CONCURRENT /
CORRESPONDENCE COURSES
Arizona Online Instruction
Arizona online instruction (AOI) is a learning option for meeting the needs of
students in the information age. The School Governing Body may authorize
student enrollment in AOI courses for credit to fulfill the academic
requirements of the Governing Body and the State Board of Education (SBE).
The course(s) must be provided by an online course provider or an online
school selected and approved by the SBE as defined by and in accordance
with the criteria established in A.R.S. 15-808.
To satisfy School class and course standards, the course offerings and content
must:
meet School and SBE academic standards for the identified student
population,
provide at least the minimum course of study and competency
requirements for graduation from high school, based on the current
cohort year requirements, and
prepare students for post-secondary success in the world of work,
technical school, or college.
To receive credit towards promotion or graduation, a student participating in
Arizona online instruction shall:
satisfactorily complete the course requirements,
participate in the testing requirements prescribed by A.R.S. 15-741 et
seq., and
not be allowed to participate in AOI if the student fails to comply with
the testing requirements; or the online instruction provider fails to
administer the tests to at least ninety-five percent (95%) of the students
participating in the provider school's AOI.
Upon the student's enrollment in AOI, the student's parents or guardians
shall be notified of the state testing requirements.
The School shall coordinate with the AOI provider the gathering, recording,
maintenance and reporting of applicable information to the student's parents
or guardians, School officials, and the appropriate agencies.
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IC-3300
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IHBHD
If a student's academic achievement declines while the student is
participating in AOI, the student's parents or guardians, teachers and
instructors, and the School's administrator shall confer to evaluate whether
the student's continued participation in AOI should be allowed.
A student may participate in AOI as either a part-time or full-time student
for membership and attendance purposes as prescribed by A.R.S. 15-808.
When the student is concurrently enrolled part-time in the School and
participating part-time in AOI, daily attendance and membership of the
student shall be recorded and reporting for funding apportionment purposes
as specified by A.R.S. 15-808 and the Uniform System of Financial Records
for Charter Schools (USFRCS).
Whenever a student becomes ineligible for continuation in an AOI course or
program, for whatever reason, the student shall be enrolled in a School
course or courses appropriate to the student's academic qualifications.
The School may make application to the Arizona State Board of Education to
become a provider of Arizona Online Instruction.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-701
15-701.01
15-741
15-802
15-808
15-901
A.A.C. R7-2-301
R7-2-302
R7-2-302.01
R7-2-302.02
R7-2-302.03
R7-2-302.04
USFR Memorandum No. 244
CROSS REF.:
DI - Fiscal Accounting and Reporting
IHA - Basic Instructional Program
IHB - Special Instructional Programs
IJNDB - Use of Technology Resources in Instruction
IKE - Promotion, Retention, and Acceleration of Students
IKF - Graduation Requirements
JE - Student Attendance
JR - Student Records
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IC-3311
© 2012 Arizona School Boards Association
REGULATION
IHBHD-R
REGULATION
ONLINE / CONCURRENT /
CORRESPONDENCE COURSES
Arizona Online Instruction
A student or the student's parents or guardians may apply to the student's
school administrator for part-time concurrent or full-time enrollment in an
Arizona online instruction (AOI) program.
The student's school administrator shall confer with the student and the
student's parents or guardians to:
explore the student's interest in and understanding of the AOI
program,
describe the AOI course or program provider's requirements of the
student, and
explain the state testing requirements for the student's participation in
AOI, as well as the additional testing situations that might result in the
student's loss of eligibility to continue in AOI.
The School's administrator, or a person designated by the administrator,
shall monitor the student's performance and progress in the AOI course or
program of study. Periodic reports to the student's parents or guardians
shall be made at the same time and in the same manner as those for School
students of like classification not participating in the AOI.
If a determination is made that the student's academic achievement has
declined while the student is participating in AOI, the student's parents or
guardians, teacher(s) and instructor(s), and the School's administrator shall
confer to evaluate whether the student's continued participation in AOI
should be allowed. When a student's decline in academic achievement, or for
any other reasons, results in the student becoming ineligible to continue
participation in AOI, the student shall be placed in a School class or course
commensurate with the student's academic level and AOI program of study,
or as nearly equivalent as is practical.
The School's administrator shall cooperate with the AOI provider as
necessary to accommodate on-site assistance to special need students
participating in AOI courses or programs.
The School's administrator shall ensure that the daily attendance and
membership of each student participating in AOI is recorded, maintained,
and reported as required by law.
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IC-4550
© 2012 Arizona School Boards Association
IIB
CLASS SIZE
Regular Education
The teacher-student ratio for staffing in the School is the responsibility of the
Governing Body. Staffing patterns and student grouping shall be flexible so
as to accommodate varied instructional delivery approaches, student needs,
curriculum requirements, and fiscal resources. Each year the Executive
Director will make staffing recommendations during the budget review and
preparation process.
Special Education
It is the intent of the School to maintain a special education student-teacher
ratio that will allow the teacher to work effectively and efficiently toward the
individualized education program (IEP) objectives of each student with a
disability and to work with classroom teachers to prevent learning problems
whenever possible.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-764
CROSS REF.:
IHB - Special Instructional Programs
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IC-4561
IIB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
CLASS SIZE
(Special Education)
Teacher-Student Ratios and
Staff- Student Ratios
It is the intent of the School to maintain a special education teacher-student
ratio that will allow the teacher to work effectively and efficiently toward the
individualized education program (IEP) objectives of each student with a
disability and to work with classroom teachers to prevent learning problems
whenever possible.
The goals for teacher-student ratios shall be as follows:
CATEGORY
GOAL
Resource
1.0 FTE teacher
(average)
12 - 15 students with disabilities
Speech/language resource
1.0 FTE teacher
(average)
40 - 50 direct service students
(approximately 75% students with
disabilities and 25% remedial)
Resource itinerant for
sensory, hearing, and
vision impaired students
(average)
5 - 12 students
Mild to moderate retardation
1.0 FTE teacher and 1.0 fte aide
(average)
7 - 9 students
Severe mental retardation
1.0 FTE teacher and 1.0 fte aide
(average)
PARADISE SCHOOLS
2/7/13
2 - 4 students
Page 1 of 2
IC-4561
© 2012 Arizona School Boards Association
REGULATION
IIB-R
REGULATION
If the number of students exceeds the goal for a class, acceptable alternatives
may include, but are not limited to:
Addition of a teacher's aide.
Increasing an aide's hours.
Reassigning students to a different teacher.
Adding a teacher.
Other adjustments acceptable to the Executive Director and the
Governing Body.
The administrator for special education shall make student assignments
within the resources available, based upon the goals listed above.
CROSS REF.:
IHB - Special Instructional Programs
PARADISE SCHOOLS
2/7/13
Page 2 of 2
IC-6000
© 2012 Arizona School Boards Association
IJM
SPECIAL - INTEREST MATERIALS
SELECTION AND ADOPTION
Commercial organizations offer a variety of materials for use by teachers in
the classroom. Many of these materials are of high educational value, with
little or no advertising emphasis. Other materials are primarily advertising
and have only limited educational value.
In general, supplementary materials (printed materials, models, films, slides,
pictures, charts, exhibits for educational purposes, etc.) from commercial,
political, religious, or other nonschool sources should have approval by the
administrator. This approval may be given to materials that are of obvious
educational quality, supplement and enrich text and reference book
materials, are timely and up to date, and promote American democratic
ideals and moral values.
Advertising materials of a commercial, political, or religious nature should
not be displayed or distributed in the schools or on the school grounds.
Students may not be used as the agents for distributing nonschool materials
to the homes. The Executive Director shall be the final judge of whether or
not such materials shall be utilized with students and will establish
necessary procedures for their evaluation, approval, and use.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-535
PARADISE SCHOOLS
2/7/13
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IC-6300
© 2012 Arizona School Boards Association
IJND
TECHNOLOGY RESOURCES
(Movies/Videos)
It is the policy of the School that there is educational value in utilizing
movies and videos in classrooms only when such movies and videos extend
and/or reinforce the concepts being taught and have been planned for in
advance.
The Executive Director shall develop regulations governing the use of
movies/videos in the classroom.
Adopted: date of Handbook adoption
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2/7/13
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IC-6311
© 2012 Arizona School Boards Association
REGULATION
IJND-R
REGULATION
TECHNOLOGY RESOURCES
(Movies/Videos)
Movies and videos with ratings other than for general audiences (G) of all
ages are not to be shown in classrooms or at any School facility (this includes
buses and motels where students are present) except when:
The movie or video has been previewed by the teacher or other
certificated staff member.
The movie or video has been determined to not contain material that is
objectionable or inappropriate for the age group to which it is intended
to be shown.
The responsible site administrator has approved the use of the movie or
video prior to its showing.
The teacher or other certificated staff member has provided advance
notification to each student's parent(s), or other responsible adult, of
the title of the movie or video and the date on which it will be shown.
A student whose parent(s) or other responsible adult has provided
notice of their disapproval will not be permitted to view the movie or
video.
Parents have the right to request that their child not view any movie or
video, regardless of its rating or the purpose for which it is to be shown.
PARADISE SCHOOLS
2/7/13
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IC-6400
© 2012 Arizona School Boards Association
IJNDB
USE OF TECHNOLOGY RESOURCES
IN INSTRUCTION
Appropriate use of Electronic
Information Services
The School may provide electronic information services (EIS) to qualified
students, teachers, and other personnel who attend or who are employed by
the School. Electronic information services include networks (e.g., LAN,
WAN, Internet), databases, and any computer-accessible source of
information, whether from hard drives, tapes, compact disks (CDs), floppy
disks, or other electronic sources. The use of the services shall be in support
of education, research, and the educational goals of the School. To assure
that the EIS is used in an appropriate manner and for the educational
purposes intended, the School will require anyone who uses the EIS to follow
its guidelines and procedures for appropriate use. Anyone who misuses,
abuses, or chooses not to follow the EIS guidelines and procedures will be
denied access to the School's EIS and may be subject to disciplinary action.
Each user will be required to sign an EIS user's agreement. The School may
log the use of all systems and monitor all system utilization. Accounts may
be closed and files may be deleted at any time. The School is not responsible
for any service interruptions, changes, or consequences. The School reserves
the right to establish rules and regulations as necessary for the efficient
operation of the electronic information services.
The School does not assume liability for information retrieved via EIS, nor
does it assume any liability for any information lost, damaged, or unavailable
due to technical or other difficulties.
Filtering and Internet Safety
The School shall provide for technology protection measures that protect
against Internet access by both adults and minors to visual depictions that
are obscene, child pornography, or, with respect to use of the computers by
students, harmful to students. The protective measures shall also include
monitoring the online activities of students.
Limits, controls, and prohibitions shall be placed on student:
Access to inappropriate matter.
Safety and security in direct electronic communications.
Unauthorized online access or activities.
PARADISE SCHOOLS
2/7/13
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IC-6400
IJNDB
© 2012 Arizona School Boards Association
Unauthorized
information.
disclosure,
use
and
dissemination
of
personal
Monitoring and Online Behavior
The School shall monitor online behaviors and provide all students with
instruction related to appropriate online behaviors including interacting with
other individuals on social networks and in chat rooms and cyberbullying
awareness and response.
The Executive Director shall develop and
implement the School's instructional program and shall develop and
implement the School's program for monitoring the use of School
technologies.
The Executive Director is responsible for establishing and enforcing the
School's electronic information services guidelines and procedures for
appropriate technology protection measures (filters), monitoring, and use.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-2316
13-3506.01
13-3509
34-501
34-502
20 U.S.C. 9134, The Children's Internet Protection Act
47 U.S.C. 254, Communications Act of 1934 (The Children's
Internet Protection Act)
PARADISE SCHOOLS
2/7/13
Page 2 of 2
IC-6411
IJNDB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
USE OF TECHNOLOGY RESOURCES
IN INSTRUCTION
(Safety and use of Electronic
Information Services)
Use of the electronic information services (EIS) requires that the use of the
resources be in accordance with the following guidelines and support the
education, research, and educational goals of the School.
Filtering,
monitoring, and access controls shall be established to:
Limit access by minors to inappropriate matter on the Internet and
World Wide Web.
Monitor the safety and security of minors when using electronic mail,
chat rooms, and other forms of direct electronic communications.
Monitor for unauthorized access, including so-called "hacking," and
other unlawful activities by minors online.
Restrict access by minors to materials harmful to minors.
Content Filtering
A content filtering program or similar technology shall be used on the
networked electronic information services (EIS) as well as on standalone
computers capable of School authorized access to the Internet.
The
technology shall at a minimum limit access to obscene, profane, sexually
oriented, harmful, or illegal materials. Should a School adult employee have
a legitimate need to obtain information from an access-limited site, the
Executive Director may authorize, on a limited basis, access for the necessary
purpose specified by the employee's request to be granted access.
Monitoring
As a means of providing safety and security in direct electronic
communications and to prevent abuses to the appropriate use of electronic
equipment, all computer access to the Internet through the School electronic
information services (EIS) or standalone connection shall be monitored
periodically or randomly through in-use monitoring or review of usage logs.
PARADISE SCHOOLS
2/7/13
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IC-6411
IJNDB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
Access Control
Individual access to the EIS shall be by authorization only. Designated
personnel may provide authorization to students and staff who have
completed and returned an electronic information services user agreement.
The Executive Director may give authorization to other persons to use the
EIS.
Acceptable Use
Each user of the EIS shall:
Use the EIS to support personal educational objectives consistent with
the educational goals and objectives of the School.
Agree not to submit, publish, display, or retrieve any defamatory,
inaccurate, abusive, obscene, profane, sexually oriented, threatening,
racially offensive, or illegal material.
Abide by all copyright and trademark laws and regulations.
Not reveal home addresses, personal phone numbers or personally
identifiable data unless authorized to do so by designated School
authorities.
Understand that electronic mail or direct electronic communication is
not private and may be read and monitored by School employed
persons.
Not use the network in any way that would disrupt the use of the
network by others.
Not use the EIS for commercial purposes.
Follow the School's code of conduct.
Not attempt to harm, modify, add, or destroy software or hardware nor
interfere with system security.
Understand that inappropriate use may result in cancellation of
permission to use the electronic information services (EIS) and
appropriate disciplinary action up to and including expulsion for
students.
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Page 2 of 3
IC-6411
© 2012 Arizona School Boards Association
REGULATION
IJNDB-R
REGULATION
In addition, acceptable use for School employees is extended to include
requirements to:
Maintain supervision of students using the EIS.
Agree to directly log on and supervise the account activity when
allowing others to use School accounts.
Take responsibility for assigned personal and School accounts,
including password protection.
Take all responsible precautions, including password maintenance and
file and directory protection measures, to prevent the use of personal
and School accounts and files by unauthorized persons.
Each user will be required to sign an EIS user agreement. A user who
violates the provisions of the agreement will be denied access to the
information services and may be subject to disciplinary action. Accounts may
be closed and files may be deleted at any time. The School is not responsible
for any service interruptions, changes, or consequences.
Details of the user agreement shall be discussed with each potential user of
the electronic information services. When the signed agreement is returned
to the School, the user may be permitted use of EIS resources through School
equipment.
PARADISE SCHOOLS
2/7/13
Page 3 of 3
IC-6431
© 2012 Arizona School Boards Association
EXHIBIT
IJNDB-E
EXHIBIT
USE OF TECHNOLOGY RESOURCES
IN INSTRUCTION
ELECTRONIC INFORMATION SERVICES
USER AGREEMENT
Details of the user agreement shall be discussed with each potential user of
the electronic information services (EIS). When the signed agreement is
returned to the School, the user may be permitted use of EIS resources.
Terms and Conditions
Acceptable use. Each user must:
Use the EIS to support personal educational objectives consistent with
the educational goals and objectives of the School.
Agree not to submit, publish, display, or retrieve any defamatory,
inaccurate, abusive, obscene, profane, sexually oriented, threatening,
racially offensive, or illegal material.
Abide by all copyright and trademark laws and regulations.
Not reveal home addresses, personal phone numbers or personally
identifiable data unless authorized to do so by designated School
authorities.
Understand that electronic mail or direct electronic communication is
not private and may be read and monitored by School employed
persons.
Not use the network in any way that would disrupt the use of the
network by others.
Not use the EIS for commercial purposes.
Follow the School's code of conduct.
Not attempt to harm, modify, add/or destroy software or hardware nor
interfere with system security.
Understand that inappropriate use may result in cancellation of
permission to use the educational information services (EIS) and
appropriate disciplinary action up to and including expulsion for
students.
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IC-6431
© 2012 Arizona School Boards Association
EXHIBIT
IJNDB-E
EXHIBIT
In addition, acceptable use for School employees is extended to include
requirements to:
Maintain supervision of students using the EIS.
Agree to directly log on and supervise the account activity when
allowing others to use School accounts.
Take responsibility for assigned personal and School accounts,
including password protection.
Take all responsible precautions, including password maintenance and
file and directory protection measures, to prevent the use of personal
and School accounts and files by unauthorized persons.
Personal responsibility. I will report any misuse of the EIS to the
administration or system administrator, as is appropriate.
I understand that many services and products are available for a fee and
acknowledge my personal responsibility for any expenses incurred without
School authorization.
Network etiquette. I am expected to abide by the generally acceptable rules
of network etiquette. Therefore, I will:
Be polite and use appropriate language. I will not send, or encourage
others to send, abusive messages.
Respect privacy. I will not reveal any home addresses or personal phone
numbers or personally identifiable information.
Avoid disruptions. I will not use the network in any way that would
disrupt use of the systems by others.
Observe the following considerations:
Be brief.
Strive to use correct spelling and make messages easy to
understand.
Use short and descriptive titles for articles.
Post only to known groups or persons.
PARADISE SCHOOLS
2/7/13
Page 2 of 3
IC-6431
© 2012 Arizona School Boards Association
EXHIBIT
IJNDB-E
EXHIBIT
Services.
The School specifically denies any responsibility for the accuracy of
information. While the School will make an effort to ensure access to proper
materials, the user has the ultimate responsibility for how the electronic
information services (EIS) is used and bears the risk of reliance on the
information obtained.
I have read and agree to abide by the School policy and regulations on
appropriate use of the electronic information system, as incorporated herein
by reference.
I understand and will abide by the provisions and conditions indicated. I
understand that any violations of the above terms and conditions may result
in disciplinary action and the revocation of my use of information services.
Name __________________________________________________________________
Signature ______________________________________ Date__________________
(Student or employee)
School ___________________________________ Grade (if a student) __________
Note that this agreement applies to both students and employees.
The user agreement of a student who is a minor must also have the signature
of a parent or guardian who has read and will uphold this agreement.
Parent or Guardian Cosigner
As the parent or guardian of the above named student, I have read this
agreement and understand it. I understand that it is impossible for the
School to restrict access to all controversial materials, and I will not hold the
School responsible for materials acquired by use of the electronic information
services (EIS). I also agree to report any misuse of the EIS to a School
administrator. (Misuse may come in many forms but can be viewed as any
messages sent or received that indicate or suggest pornography, unethical or
illegal solicitation, racism, sexism, inappropriate language, or other issues
described in the agreement.)
I accept full responsibility for supervision if, and when, my child's use of the
EIS is not in a school setting. I hereby give my permission to have my child
use the electronic information services.
Parent or Guardian Name (print) ________________________________________
Signature ______________________________________
PARADISE SCHOOLS
2/7/13
Date ________________
Page 3 of 3
IC-6500
© 2012 Arizona School Boards Association
IJOA
FIELD TRIPS
Field trips must be planned within the context of the school program and
must be appropriate for the age level, grade level, and curriculum. Due to
limitations imposed by local conditions, field trips may be limited by the
Executive Director. All field trips must be specifically approved by the
Executive Director long enough in advance so that arrangements can be
made prior to the trip. Before any student is taken from the school grounds
on a field trip, written permission must be obtained from the parents or legal
guardians. Transportation shall be provided only by School vehicles, driven
by authorized personnel.
In general, field trips shall be conducted within the normal school day and
shall be limited to a distance of not more than fifty (50) miles one way from
the School.
Adopted: date of Handbook adoption
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2/7/13
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IC-6511
© 2012 Arizona School Boards Association
REGULATION
IJOA-R
REGULATION
FIELD TRIPS
Field trips are very useful to encourage learning through exploration of the
environment not immediately accessible to the classroom. However, field
trips are only one means of achieving an educational objective. Approval of
field trips will be based on a number of items such as availability of
transportation, budget, personnel, weather, risks, and distance, as well as
educational objectives.
It will be the responsibility of the staff and the administrator to organize field
trips so that an experience is not repeated yearly for a student or group of
students. There might be some justification for repeating an experience, but
generally the same field trip will not be repeated for any one (1) student
within a three (3) year cycle.
The cost of transportation for field trips must be included in budget planning.
Each teacher who wishes to plan field trips should make tentative plans with
the administrator during budget planning. Such plans should include the
place, time, and educational justification for each field trip. The School will
attempt to have some capacity for scheduling field trips beyond those
requested by the teachers as part of the budget process, but there can be no
assurance that such unbudgeted trips can be accommodated.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
IC-6600
IJOC
© 2012 Arizona School Boards Association
SCHOOL VOLUNTEERS
Volunteers can make many valuable contributions to the students and
educational programs of the School. A volunteer program is approved subject
to suitable rules, safeguards, and regulations as developed by the Executive
Director.
Volunteers are to be fingerprinted in accord with A.R.S. 15-512.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-3716
15-512
23-901.06
CROSS REF.:
GCFC - Professional/Support Staff Certification and
Credentialing Requirements (fingerprinting
requirements)
PARADISE SCHOOLS
2/7/13
Page 1 of 1
IC-6700
IKA
© 2012 Arizona School Boards Association
GRADING / ASSESSMENT SYSTEMS
A School-developed grading system will be utilized.
Teachers will keep a careful record of the grades assigned to students.
Written reports to the parents concerning student achievement will be made
every nine (9) weeks by the teacher, and additional written reports will be
made when necessary.
Teachers will confer with parents when necessary concerning academic
progress and discipline of students.
Teachers will report to parents on students' conduct, scholarship, attendance,
or excessive tardiness.
Special Education
Grades reporting achievement of special education students not taking
regular education classes shall be given on a basis commensurate with the
students' abilities and based on their individual progress rather than in
competition with classmates. The permanent record cards for such students
shall indicate enrollment in special education for those classes.
Parents of special education students shall be counseled regarding the
significance of the grading system in order to avoid misinterpretation of the
achievement grade.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-516
15-767
PARADISE SCHOOLS
2/7/13
Page 1 of 1
IC-6800
IKAB
© 2012 Arizona School Boards Association
REPORT CARDS / PROGRESS REPORTS
School Report Cards
Each school must distribute copies of an annual report card, on the standard
form provided by the State Department of Education, containing the
descriptions and information required by statute.
The annual report cards will be distributed to parents of pupils enrolled in
the school no later than the last day of school of each fiscal year, and a
summary of the contents shall be presented at an annual public meeting held
at the school. Notice shall be given at least two (2) weeks prior to the public
meeting, clearly stating the purposes, time, and place.
Student Progress Reports
It is essential that students' progress in school be fully communicated to their
parents.
Each school will report students' progress to the students and to their
parents or guardians as appropriate. The reports will be clear, concise, and
accurate, and will provide a basis of understanding among teachers, parents,
and students for the benefit of the individual students. The Executive
Director will develop progress report forms or cards in accordance with this
policy.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-709
15-746
15-767
PARADISE SCHOOLS
2/7/13
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IC-7200
IKE
© 2012 Arizona School Boards Association
PROMOTION AND RETENTION
OF STUDENTS
Regular Education
The School is dedicated to the continuous development of each student.
Year to year promotion of a student in grades one (1) through eight (8) will be
based upon standards for each basic subject area as identified in the course of
study.
The School standards that students must achieve shall include
accomplishment of the standards in reading, written communication,
mathematics, science, and social studies adopted by the State Board of
Education.
The promotion of a student from grade three (3) shall be conditioned on the
satisfaction of the applicable competency requirements prescribed by A.R.S.
15-701 and depicted in administrative regulation IKE-RB.
In addition to these standards, test scores, grades, teacher-administrator
recommendations, and other pertinent data will be used to determine
promotion.
Retention of students is a process that is followed when the professional staff,
in consultation with the parent, determines it to be in the best interests of
the student. Though primary grades are suggested as the most appropriate
time, retention may be considered at any grade level.
When circumstances indicate that retention is in the best interest of the
student, the student will have individual consideration, and decisions will be
made only after a careful study of facts relating to all phases of the student's
growth and development. The student's academic achievement level and
mental ability are important, but physical and social characteristics are also
important factors. A decision should be based on sufficient data, collected
over a period of time and motivated by a desire to place students in school
programs where they will be the most successful.
The earning of credit for a high school course is based on the student's
satisfactory completion of the course academic requirements as demonstrated
by the student's course grade. Periodic grade reports shall inform the
student and the student's parent(s)/guardian(s) of the student's progress in a
course. The teacher should further inform and confer with the student's
parent(s)/guardian(s) whenever the student's lack of satisfactory progress in
the course indicates a trend toward the student receiving a failing course
grade. No course credit is granted for a failing grade.
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2/7/13
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IC-7200
© 2012 Arizona School Boards Association
IKE
A student's high school grade classification (i.e., freshman - ninth [9th];
sophomore - tenth [10th]; junior - eleventh [11th]; or senior - twelfth [12th]) is
determined by the number of units of credit the student has earned relative
to the respective minimum number of credits to attain each successive
classification. A student must achieve passing grades in the number of
required and elective course credits prescribed by the Governing Body and
the State Board of Education to be granted a high school diploma.
In addition to the above, such decisions, when applied to students enrolled in
special education, shall be on a case-by-case basis, consistent with the
individualized education program and in accordance with A.A.C. R7-2-301
and R7-2-401.
Special Education
Students who do not meet regular promotion requirements must meet the
course of study and promotion requirements for special education under the
guidance of A.A.C. R7-2-401. The programs for such students may include
adaptations.
Any student unable to meet regular academic requirements for promotion
must meet the requirements of an alternative curriculum derived from the
regular curriculum, which will be developed by an individualized education
program (IEP) team on an individual basis. Students placed in special
education will complete the course of study as prescribed in their individual
promotion plans and implemented through their individual education
programs. Course work will be presented at a level commensurate with the
student's ability. The student's permanent file shall identify the courses
completed through special education; however, the student will receive the
standard certificate of promotion.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-203
15-701
15-701.01
15-715
A.A.C. R7-2-301 and R7-2-401
A.G.O. I84 - 016
CROSS REF.:
IHA - Basic Instructional Program
IKF - Graduation Requirements
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2/7/13
Page 2 of 2
IC-7211
IKE-RA
REGULATION
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
Procedure for Retention of
Elementary School Students
The final recommendation to retain should be made by the teacher with
approval of the Principal. Consultation with the administrator and other
staff members, and involvement of parents in all steps of the retention
process are vital.
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2/7/13
Page 1 of 1
IC-7212
© 2012 Arizona School Boards Association
REGULATION
IKE-RB
REGULATION
PROMOTION AND RETENTION
OF STUDENTS
Competency Requirements for Promotion
of Students from Third Grade for School
Years 2010-2011, 2011-2012 and 2012-2013
The School shall provide an annual written notification to parents or
guardians of students in kindergarten programs and first (1st), second (2nd)
and third (3rd) grades that a student who obtains a score on the reading
portion of the Arizona Instrument to Measure Standards (AIMS) test, or a
successor test, that demonstrates the student is reading far below the third
(3rd) grade level will not be promoted from the third (3rd) grade. If the
student's school has determined that the student is substantially deficient in
reading before the end of grade three (3), the School shall provide to the
parent or guardian of that student a separate written notification of the
reading deficiency that includes the following information:
A description of the current reading services provided to the student.
A description of the available supplemental instructional services and
supporting programs that are designed to remediate reading
deficiencies.
Parental/guardian strategies to assist the student to attain reading
proficiency.
A description of the School policies on midyear promotion to a higher
grade.
Competency Requirements for Promotion
of Students from Third Grade for School
Years 2013-2014 and Thereafter
The competency requirements for the promotion of a student from the third
(3rd) grade shall include the following:
The student shall not be promoted from the third (3rd) grade if the
pupil obtains a score on the reading portion of the AIMS test, or a
successor test, that demonstrates the students reading skills fall far
below the third (3rd) grade level.
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2/7/13
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IC-7212
IKE-RB
© 2012 Arizona School Boards Association
REGULATION
REGULATION
The Governing Body may promote a student from the third (3rd) grade
if the student obtains a score on the reading portion of the AIMS test, or
a successor test, that demonstrates the student's reading skills fall far
below the third (3rd) grade level for any of the following good cause
exemptions:
The student is a child with a disability as defined in A.R.S. 15761, and did not take the AIMS test or a successor test.
The student is a child with a disability as defined in A.R.S. 15761, has taken the AIMS test, or a successor test, and has
previously been retained in a grade.
The student is English language learner or a limited English
proficient student as defined in A.R.S. 15-751 and has had fewer
that two (2) years of English language instruction.
The student has demonstrated reading proficiency on an alternate
assessment approved by the State Board of Education (SBE).
The Governing Body accepts a parent's or guardian's request for
an exemption for a student who does not meet any of the good
cause exemptions prescribed above. Within thirty (30) days after
receipt of notification the student will not be promoted from the
third (3rd) grade, a parent or guardian may submit a written
request to the Governing Body for an exemption in accordance
with this item. The written request shall include documentation
showing that promotion of the student is appropriate based on the
student's academic record and shall include:
Academic progress reports
Student's Individualized Education Program
Letters from the student's teacher(s) and the principal of
the school recommending the pupil be promoted to the third
(3rd) grade.
The Governing Body shall issue a written
acceptance or rejection of the parent's or guardian's
exemption request within thirty (30) days after
receipt of the parent's or guardian's request.
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IC-7212
© 2012 Arizona School Boards Association
REGULATION
IKE-RB
REGULATION
Intervention and remedial strategies developed by the State
Board of Education (SBE) for students who are not promoted from
the (3rd) grade. The Governing Body shall offer at least one (1) of
the intervention and remedial strategies developed by the SBE.
The parent or guardian of a student not promoted from the (3rd)
grade and the student's teacher(s) and principal may choose the
most appropriate intervention and remedial strategies that will be
provided to that student.
The intervention and remedial
strategies developed by the SBE shall include:
A requirement the student be assigned to a different
teacher for reading instruction.
Summer school reading instruction.
Intensive reading instruction in the next academic year
that occurs before, during, or after the regular school day,
or any combination of before, during and after the regular
school day.
Online reading instruction.
Provide for universal screening of pupils in preschool programs,
kindergarten programs and grades one (1) through three (3) that
is designed to identify students who have reading deficiencies in
accordance with A.R.S. 15-704.
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IC-7250
© 2012 Arizona School Boards Association
IKEA
MAKE UP OPPORTUNITIES
The Executive Director shall develop and implement standards that shall
apply to requirements for student make up assignments during absence for
pesticide application periods and for other appropriate reasons.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-152
15-803
CROSS REF.:
EBAA - Reporting of Hazards/Warning Systems
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2/7/13
Page 1 of 1
IC-7261
© 2012 Arizona School Boards Association
REGULATION
IKEA-R
REGULATION
MAKE UP OPPORTUNITIES
When a student provides a written statement signed by a parent or guardian
that the student will be or was absent because of the application of pesticides,
each teacher will be notified and the following procedure will apply:
Each teacher will provide the student's assignment(s) and any handouts
or materials necessary for accomplishment of such assignment(s).
It will be the responsibility of any student who misses a laboratory
assignment or test to arrange with the teacher a mutually convenient
time to perform the laboratory assignment or to take the test.
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IC-7350
IKF
© 2012 Arizona School Boards Association
GRADUATION REQUIREMENTS
Regular Education
A minimum of twenty-four (24) units of credit are required for graduation.
Listed below are the units that must be completed before a student may
receive a high school diploma.
Each student shall demonstrate
accomplishment of the standards in reading, writing, science, social studies,
and mathematics adopted by the State Board of Education and pass each of
the sections of the required competency test. A student not successfully
passing the competency test shall graduate with a recognized diploma if the
student meets the alternative graduation requirements established by A.R.S.
15-701.02.
The Executive Director shall implement the alternative
graduation requirements and appoint a hearing officer for appeals.
Graduation requirements may be met as follows:
By successful completion of subject area course requirements.
By mastery of the standards adopted by the State Board of Education
and other competency requirements for the subject as determined by
the Governing Body in accord with A.A.C. R7-2-302.04 and rules
established by the Executive Director.
By earning credits through correspondence courses (limited to one [1] in
each of the four [4] major subject areas) and/or by passing appropriate
courses at the college or university level if the courses are determined to
meet standards and criteria established by the Governing Body and in
accord with A.R.S. 15-701.01.
An out-of-state transfer student is not required to pass the competency
test to graduate if the student has successfully passed a statewide
assessment test on state adopted standards that are substantially
equivalent to the State Board Adopted Academic Standards.
Graduation requirements are as follows:
English ------------------------------------------------------------Math ----------------------------------------------------------------Science -------------------------------------------------------------American Government and Arizona Government ----American History - including Arizona History -------World History, European History and Geography --Economics --------------------------------------------------------Fine Arts or Career, Technical and
Vocational Education -------------------------------------PARADISE SCHOOLS
2/7/13
4.0 units
4.0 units*
4.0 units
0.5 unit
1.0 unit
2.0 unit
0.5 unit
1.0 unit
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IC-7350
IKF
© 2012 Arizona School Boards Association
Foreign Language ----------------------------------------------- 2.0 unit
Physical Education and Health ----------------------------- 1.0 unit
Electives ------------------------------------------------------------ 4.0 units
Total ---------------------------------------------------------------- 24.0 units
*
In lieu of one (1) credit of Algebra II or its equivalent course content
a student may request a personal curriculum in mathematics
following R7-2-302.03.
Special Education
Listed above, under "Regular Education," are the requirements that must be
completed before a student may receive a high school diploma. Completion of
graduation requirements for special education students who do not meet the
required units of credit shall be determined on a case-by-case basis in
accordance with the special education course of study and the individualized
education program of the student. Graduation requirements established by
the Governing Body may be met by a student as defined in A.R.S. 15-701.01
and A.A.C. R7-2-302.
Competency requirements. Any student who is placed in special education
classes, grades nine (9) through twelve (12), is eligible to receive a high school
diploma without meeting state competency requirements, but reference to
special education placement may be placed on the student's transcript or
permanent file.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-203
15-701.01
15-701.02
A.A.C. R7-2-302.01
R7-2-302.02
R7-2-302.03
R7-2-302.04
R7-2-302.06
R7-2-302.07
CROSS REF.:
IKA - Grading/Assessment Systems
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IC-7361
IKF-RA
© 2012 Arizona School Boards Association
REGULATION
REGULATION
GRADUATION REQUIREMENTS
(Determining Competency for Graduation Credit)
Determination and verification of student accomplishment of subject-area
course requirements and/or competencies for graduation credit shall be the
responsibility of a subject-area teacher and, at a minimum, shall be in accord
with the following:
The student shall have successfully completed the subject-area course
requirement incorporating the standards and competencies adopted by
the State Board of Education from the course of study as determined by
the Governing Body in accord with the School's designated grading
system; or
As an alternative to completing the course requirements, a student may
request, upon a showing of familiarity with the subject matter of the
course, an examination on the competencies of the course. The student
may take an examination on a particular course one (1) time only in an
academic year. The examination shall be prepared by a teacher of the
subject matter who is designated by the Executive Director. To receive
graduation credit, the student must demonstrate accomplishment of the
standards and competencies adopted by the State Board of Education
and the School Governing Body, respectively.
Demonstration of
accomplishment of the skills and competencies shall be determined in
accord with accepted practices in evaluation of students. A copy of the
test results, verified by the appointed teacher, shall be filed with the
student's records.
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IC-7362
© 2012 Arizona School Boards Association
REGULATION
IKF-RB
REGULATION
GRADUATION REQUIREMENTS
(Alternative Graduation Requirement)
Pursuant to A.R.S. 15-701.02, A.A.C. R7-2-302.06 and R7-2-302.07, a pupil
who fails to achieve a passing score on the State Board required competency
test in reading, writing, and mathematics assessment for high school
graduation during the 2007-2008 through the 2010-2011 school years and
thereafter may graduate if the student meets the alternative graduation
requirements. Using the state approved formula, this process allows a pupil
to augment their State Board required competency test scores with additional
points derived from classroom performance. The pupil must meet the
eligibility requirements described below to be eligible to receive
augmentation points. Points are calculated using grades of C or better in the
state specified credits of required coursework.
Threshold determination:
If a student's augmented assessment scores would not meet or
exceed the "Meets the Standard" threshold if augmented by
twenty-five percent (25%) for school years 2007-2008 and 20082009, by fifteen percent (15%) for school year 2009-2010, or by five
percent (5%) for school year 2010-2011 and thereafter, no
additional credit shall be calculated per A.R.S. 15-701.02(c).
Eligibility requirements for augmentation:
The student must have completed with a passing grade all
coursework and credits prescribed for the graduation of pupils
from high school by the governing body of the student's charter
school.
The student must have taken the State Board standards
assessment at every administration when the pupil was eligible to
take the test after August 12, 2005.
The student must have participated in any academic remediation
program available in the student's school in those subject areas
where the student failed to achieve a passing score on the State
Board competency test.
Failure to meet eligibility requirements - Appeal:
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IC-7362
© 2012 Arizona School Boards Association
REGULATION
IKF-RB
REGULATION
If a student is not eligible for the standards assessment score
augmentation due to failure to:
Have taken the State Board competency test at every
administration when the pupil was eligible to take the test
after August 12, 2005. An appeal, following the procedures
indicated below, may be requested in which the student or
parent shall have the burden of demonstrating what
circumstances prevented compliance with this requirement.
An appeal should be granted only upon presentation of
credible evidence that extreme circumstances made the
student ineligible for each State Board competency test
administration the student did not attend.
Have participated in any academic remediation program
available in the student's school in those subject areas
where the student failed to achieve a passing score on the
State Board competency test. An appeal, following the
procedures indicated below, may be requested in which the
student or parent shall have the burden of demonstrating
what circumstances prevented compliance with this
requirement. An appeal should be granted only upon
presentation of credible evidence that the student
participated in a least one state or school sanctioned
remediation program in those subject areas where that
student failed to achieve a passing score on the State Board
competency test.
Appeal procedure:
If a senior student fails a subject matter competency test, that
student may request an appeal by submitting a petition form
prepared by the school to the Executive Director within ten (10)
days of being notified of failure to achieve "Meets the Standard"
on any section of the State Board competency test. The Executive
Director shall be the hearing authority for all appeals.
School officials shall provide adequate notice to the pupil and the
pupil's parents or guardians regarding the date, time, and place of
the appeal. A pupil or a pupil's representative may participate in
the appeal either personally, by telephone, or by providing written
documentation.
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IC-7362
© 2012 Arizona School Boards Association
REGULATION
IKF-RB
REGULATION
The student or parent shall have the burden of demonstrating
what circumstances prevented compliance with the requirements.
An appeal shall be granted only (see Suggested Basis for Appeal
below):
Upon presentation of credible evidence that extreme
circumstances made the student ineligible for each State
Board competency test administration the student did not
attend.
Upon presentation of credible evidence that the student
participated in a least one (1) state or school sanctioned
remediation program in those subject areas where that
student failed to achieve a passing score on the State Board
competency test.
The response to the appeal shall be in writing within five (5) days
of the appeal hearing.
The decision of the Executive Director is final.
Suggested Basis for Appeal
A student who has not satisfied the requisites of A.A.C R7-2-602.6 (C)(2)
and/or (3) to qualify for the alternative graduation requirement may appeal
the determination to the Executive Director one (1) or more of the conditions
listed below exist:
The student was precluded from taking all available administrations of
the Arizona Instrument to Measure Standards (AIMS) assessment, or
has not fully participated in the school's academic remediation program,
due to a bona fide emergency. For the purpose of this policy a bona fide
emergency is defined as a circumstance beyond the student's or the
student's family's control. Examples of a bona fide emergency may
include, but are not limited to the following:
The student's sudden serious illness or injury simultaneously with
the assessment or remediation program offering as attested as
affirmed by a licensed medical practitioner.
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IC-7362
© 2012 Arizona School Boards Association
REGULATION
IKF-RB
REGULATION
The sudden serious illness, injury, or death of an immediate
member of the student's family, as defined in Board Policy GCCA,
when such circumstance prevented the student's attendance for
an assessment or a remediation program offering, and when
affirmed by a licensed medical practitioner.
Weather or road conditions that interfered with the student's
attendance at the assessment or remediation program offering
when the condition was declared by or has been verified with
appropriate public authorities.
A religious event of the student's and/or the student's family's
faith when the student and/or the student's family have
historically and consistently participated in the religious event in
lieu of any other event occurring at the same time.
The Executive Director must have received from the student's parent(s)
written, dated, and signed notification within twenty-four (24) hours, or as
soon thereafter as is practicable, of any event the prevented the student from
participating in the assessment or the remediation program offering.
Notification by telephone or other means may temporarily suffice, but must
be validated by a written, dated, and signed notification not less than
fourteen (14) calendar days from the date of the event.
Other extreme and extraordinary circumstances may be considered for
appeal by the Governing Body when credible evidence is provided affirming
actual occurrence of the extreme and extraordinary circumstance.
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IC-7381
© 2012 Arizona School Boards Association
EXHIBIT
IKF-EA
EXHIBIT
GRADUATION REQUIREMENTS
ALTERNATIVE GRADUATION REQUIREMENTS
APPEAL FORM
Appeal procedure:
The student may request an appeal by submitting a request on a
petition form prepared by the School to the Executive Director within
ten (10) days of being notified of failure to achieve "Meets the Standard"
on any section of the State Board competency test. The Executive
Director shall be the hearing authority for all appeals.
School officials shall provide adequate notice to the pupil and the
pupil's parents or guardians regarding the date, time, and place of the
appeal. A pupil or a pupil's representative may participate in the
appeal either personally, by telephone, or by providing written
documentation.
The student or parent shall have the burden of demonstrating what
circumstances prevented compliance with the requirements.
An appeal shall be granted only:
Upon presentation of credible evidence that extreme
circumstances made the student ineligible for each State Board
competency test administration the student did not attend.
Upon presentation of credible evidence that the student
participated in a least one (1) state or school sanctioned
remediation program in those subject areas where that student
failed to achieve a passing score on the State Board competency
test.
The response to the appeal shall be in writing within five (5) days of the
appeal hearing.
The decision of the Executive Director is final.
Date: ______________________
Student Name: ________________________________
Grade: _______________
Projected Graduation Date: _____________________
Parent/Guardian Name: _________________________________________________
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IC-7381
© 2012 Arizona School Boards Association
EXHIBIT
IKF-EA
EXHIBIT
Requirement(s) being appealed: (check one [1] or both boxes if applicable)
Has not taken the AIMS assessment each time the test was offered.
Has not participated in at least one (1) available academic remediation
program as described:
Based on the box(es) checked above, provide evidence to support your appeal.
Evidence must demonstrate "extreme circumstances" causing an inability to
meet the augmentation requirements.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________
Signature
PARADISE SCHOOLS
2/7/13
________________________
Date
Page 2 of 2
IC-7382
IKF-EB
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
GRADUATION REQUIREMENTS
AUGMENTATION POINTS CALCULATIONS
Threshold Determination
Multiply "Meets the Standard" for each section of the State Board
competency test by the factor listed below by year of graduation to determine
the score that must be met at a minimum before the augmentation procedure
may be completed.
Graduation year
Factor
2007-2008 and 2008-2009
.75
2009-2010
.85
2010-2011 and thereafter
.95
Example: In the graduation year 2008-2009 if the "Meets the Standard"
score for reading were to be 674. Then, multiplying 674 times .75
produces 505.5, rounded to 506, would produce the test score below
which no augmentation scores will be calculated and for which no appeal
would be allowed for the year 2008-2009. The "Meets the Standards
Scores" will be determined the State.
Calculation of Augmentation points to be used for each competency
test section failed when the threshold is met.
Only classes that satisfy the specifically required subject matter credits by
the State Board for graduation shall be included in the calculation of the
augmentation score.
Use the highest grades earned or if advanced
placement/honors courses the grade credited with the most points per R7-2302.07(E)(b & c).
Credits
Grades (1)(2)
________________
Additional
Points
_______________
________________
_______________
1) ____________________________
________________
_______________
1) ____________________________
________________
_______________
1) ____________________________
________________
_______________
Course Name
1) ____________________________
English or ESL
1) ____________________________
English or ESL
English or ESL
English or ESL
AZ and US History and Constitution
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IC-7382
IKF-EB
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
.5) ____________________________
________________
_______________
1) ____________________________
________________
_______________
1) ____________________________
________________
_______________
1) ____________________________
________________
_______________
________________
_______________
1) ____________________________
________________
_______________
1) ____________________________
________________
_______________
TOTAL of 11.5 credits
for 2009 through 2011
Total added points
(
AZ and US History and Constitution
World History/Geography
Mathematics
Mathematics
1) ____________________________
Science
Science
Fine Arts or Vocational Education
Total added points divided by 11.5 equals
Average Additional Points per Credit
Average Additional
Points per Credit times
100
(Pupil's Original
Score, by Section) equals
)
_______________
Augmentation
Points
Augmentation points may be added to the highest score on each section of the
State Board competency test that the student may have taken.
If the augmented score of the student exceeds the passing score on the
competency test, the student shall be considered to have passed the
competency test in that area for graduation purposes.
Advanced Placement or Honors
(1)
A equals twenty-five (25) times credits equals points
B equals twenty (20) times credits equals points
C equals fifteen (15) times credits equals points
D or F equals zero (0)
(2)
Other eligible grades
A equals twenty (20) times credits equals points
B equals fifteen (15) times credits equals points
C equals twelve (12) times credits equals points
D or F = zero (0)
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IC-7400
© 2012 Arizona School Boards Association
IKFA
EARLY GRADUATION
The Governing Body will authorize early high school completion in order to
meet career goals for selected students. Students desiring early graduation
must submit a written request to the high school principal or Executive
Director during the first half of the semester preceding the semester of
desired completion. The principal or Executive Director may accept requests
after this date in special circumstances. The request must contain the
reasons for the request and the written approval of the student's parents or
guardian. All graduation requirements must be met by the early completion
date.
The Executive Director will establish procedures to evaluate each request
and will ensure that the parents or guardian are informed of any restrictions
or limitations to be placed on the student in the event the request is
approved, including restrictions on cocurricular activities.
Diplomas normally will be awarded only at the completion of the spring
semester. However, final transcripts will be provided as soon as the high
school requirements have been met.
The School shall notify the Arizona Department of Education and the
Commission for Postsecondary Education when a student graduates at least
one (1) year before the student's scheduled graduation date.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-105
15-701.01
15-1821
Section 63, Arizona Laws 2009, HB2011
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IC-7500
© 2012 Arizona School Boards Association
IL
EVALUATION OF INSTRUCTIONAL
PROGRAMS
(Testing Programs)
The use of tests is one indication of the success and quality of the educational
program. In the case of an individual student, tests, in combination with
other criteria, can provide an indication of student achievement.
The Governing Body authorizes participation in:
A testing program as outlined in A.R.S. 15-741 and 15-755.
A School testing program that will be subject to regular review and
evaluation.
Evaluation of all proposed testing instruments and periodic evaluation.
In-service education of teachers and other staff members in the use of
tests and interpretation of test results.
Test results of individual students are confidential data; they shall be
provided to parents as appropriate.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-741
15-755
R7-2-310
CROSS REF.:
IKF - Graduation Requirements
ILB - Test/Assessment Administration
(State Mandated Testing)
JR - Student Records
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IC-7600
ILB
© 2012 Arizona School Boards Association
TEST / ASSESSMENT ADMINISTRATION
(State-Mandated Testing)
Security of Testing Materials
Employees designated by the Executive Director to administer the nationally
standardized norm-referenced achievement test adopted by the Arizona State
Board of Education shall:
Keep all test materials in locked storage.
Not reproduce any test materials in any manner.
Not disclose any actual test items to students prior to testing.
Not provide answers of any test items to any students.
Administer only practice tests that are provided by the test publishers.
Previous editions of the test series being used in the statewide testing
program may not be used as practice tests.
Strictly observe all timed subtests. The test publishers' suggested time
limits for untimed subtests shall be followed as closely as possible in
order to maintain uniformity in test administration.
Follow directions for administering the test explicitly. No test item
may be repeated unless otherwise indicated in the directions.
Not change a student's answer.
Return all test materials to the Executive Director immediately upon
completion of testing.
Failure to comply with these requirements or others as required by Arizona
Revised Statutes or by other rules or regulations shall be considered cause for
discipline, including but not limited to suspension or termination. All
violations of this policy shall be reported to the State Superintendent of
Public Instruction.
Standards Adopted by the
State Board of Education
The School shall establish specific objectives to accomplish the goals
established by the State Board of Education. The Executive Director will
make recommendations for such objectives based upon the data gathered
annually.
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IC-7600
ILB
© 2012 Arizona School Boards Association
The Executive Director will establish regulations and procedures for
assessing student achievement of standards adopted by the State Board of
Education and for reporting and utilizing test results and nontest indicator
data.
Reporting results. The School will provide to the parent or guardian of
each student who participates the associated grade equivalents, percentiles,
and stanines from standardized norm-referenced testing. The School shall
provide the parent or guardian of each student the resulting scores on the
test of standards adopted by the State Board of Education and associated
scores for the School, the county, and the state.
The School will provide the public, through a report card, scores for the
School as a whole, the county, the state, and the nation.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-741
15-741.01
15-742
15-743
15-744
15-745
15-755
A.A.C. R7-2-301
R7-2-302.04
R7-2-306
R7-2-310
CROSS REF.:
IL - Evaluation of Instructional Programs (Testing
Programs)
ILC - Use and Dissemination of Test Results
JR - Student Records
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IC-7950
© 2012 Arizona School Boards Association
IMA
TEACHING METHODS
(Lesson Plans)
The Governing Body considers written lesson plans a useful tool to ensure
continuity of instruction.
The Executive Director shall establish procedures that set forth the
requirements for lesson plans and for their preparation and review. Such
procedures shall reflect current standards of the profession and shall have as
their primary objective the best possible educational program for the
students of the School.
To facilitate more effective instruction, lesson plans should be prepared
sufficiently in advance of the class presentation to allow plan books to be
inspected and compared to the guidelines established by the Executive
Director.
Teachers shall make thorough preparation for all daily lessons and shall
prepare their plans to reflect such preparation.
Adopted: date of Handbook adoption
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IC-7961
© 2012 Arizona School Boards Association
REGULATION
IMA-R
REGULATION
TEACHING METHODS
(Lesson Plans)
Guidelines for the implementation of this administrative regulation shall
include:
Lesson plans shall be developed according to School-wide formats and
shall reflect the scope and sequence of the courses of instruction.
Acceptable alternatives may be approved by the administrator.
Lesson plans shall demonstrate the correlation of the lesson with State
Board standards when applicable.
Lesson plans should include information pertinent to the effective
implementation of a lesson. When commercially prepared plans are in
use, lesson plans may simply refer to the appropriate aspects of such
plans.
While teachers are required to be thoroughly prepared for each daily
lesson, plans may be prepared for each lesson or on a long-term basis
(i.e., unit of work), whichever is most appropriate. Material to be used
in a lesson(s) - such as duplicated material, cassette tapes, films,
filmstrips, transparencies - may serve as an integral part of the plan.
Lesson plans for individualized programs should be consistent with the
general overview and purpose of the instructional program. The
progress of individual student(s) must be a consideration in the plan.
Teachers are to provide adequate directions for substitutes, the purpose
of which shall be to continue, if possible, the ongoing program or, if
more appropriate, a meaningful educational alternative that relates to
the subject area.
The provision that copies of lesson plans must be available for
substitute teachers.
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IC-8250
© 2012 Arizona School Boards Association
IMD
SCHOOL CEREMONIES
AND OBSERVANCES
The following shall be adhered to regarding required opening exercises and
school programs as they pertain to customs and holidays:
Each student shall be provided with an opportunity to participate in the
Pledge of Allegiance or other patriotic observance each day.
Each student in grades four (4) through six (6) shall recite the following
passage from the Declaration of Independence:
"We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their creator with certain
unalienable rights, that among these are life, liberty and the
pursuit of happiness. That to secure these rights, governments are
instituted among men, deriving their just powers from the consent
of the governed..."
Each teacher in charge of a classroom for the first class of each day
shall conduct a period of meditation, not to exceed one (1) minute in
duration. No other activities will be allowed in the classroom at that
time.
Students whose parents have informed the school that they are not to
take part in the meditation period or patriotic observances will be
expected to observe the courtesy of not disturbing others.
When special days or significant events are recognized, it is
recommended that appropriate classroom and assembly programs be
presented in keeping with the traditional and historical significance of
the event or season.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-203
15-506
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© 2012 Arizona School Boards Association
IMG
ANIMALS IN SCHOOLS
The Executive Director may establish procedures for appropriately and
humanely bringing live animals into a classroom. Such procedures shall
forbid the transporting of live animals on school buses.
Seeing-eye and service dogs are permitted on school buses and in classrooms
to perform the functions for which they are trained. A dog's laminated
identification card may be requested for verification.
Pets and other animals are not permitted on School property, or in School
vehicles, unless the animal is a service animal or is present for an
educational purpose by written approval from the Executive Director or
administrator.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 11-1024
A.A.C. R17-9-102
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IC-8561
© 2012 Arizona School Boards Association
REGULATION
IMG-R
REGULATION
ANIMALS IN SCHOOLS
Animals may be brought into the classroom for educational purposes.
However, they must be appropriately and humanely cared for, and properly
handled. Any person who wishes to bring an animal into the classroom must
receive prior permission from the administrator. The following guidelines
shall apply to animals in the School:
Prior to granting permission, teachers should check with the School
nurse regarding any known allergies among students in the classroom.
If allergies exist, parents must be contacted for further direction.
Animals shall not be transported on School buses.
Teachers must assume primary responsibility for the humane and
proper treatment of any animals in the classroom.
Only the teacher or students designated by the teacher are to handle
the animals.
If animals are to be kept in the classroom on days when classes are not
in session, the teacher must make arrangements for their care and
safety.
Staff members or students who have been bitten by an animal shall
report such incident to the administrator and the office immediately.
The administrator should notify the public health authorities if the
injury merits medical follow-up. Public health authorities should
determine the appropriate action and period of confinement for an
animal if an injury results. Any animal involved in a serious injury
must be impounded until authorization for release is granted by health
authorities.
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JC-0150
JB
© 2012 Arizona School Boards Association
EQUAL EDUCATIONAL
OPPORTUNITIES
The right of a student to participate fully in classroom instruction shall not
be abridged or impaired because of race, color, religion, sex, age, national
origin, and disability, or any other reason not related to the student's
individual capabilities.
The right of students to participate in extracurricular activities shall be
dependent only upon their maintaining the minimum academic and
behavioral standards established by the Governing Body, and their
individual ability in the extracurricular activity.
Adopted: date of Handbook adoption
LEGAL REF.: 20 U.S.C. 1400 et seq., Individuals with Disabilities
Education Act
20 U.S.C. 1681, Education Amendments of 1972, Title IX
20 U.S.C. 1703, Equal Educational Opportunities Act
29 U.S.C. 794, Rehabilitation Act of 1973, (Section 504)
42 U.S.C. 2000, Civil Rights Act of 1964, as amended in 1972,
Title VI, Title VII
42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
Arizona Constitution, Act XI, Sec. 6
CROSS REF.:
AC - Nondiscrimination
ACA - Sexual Harassment
GBA - Equal Employment Opportunity
GCQF - Discipline, Suspension, and Dismissal of
Professional/Support Staff Members
IHBA - Special Educational Programs and
Accommodations for Disabled Students
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
KED - Public Concerns/Complaints about Facilities or
Services
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JC-0161
© 2012 Arizona School Boards Association
REGULATION
JB-R
REGULATION
EQUAL EDUCATIONAL
OPPORTUNITIES
Compliance Officer
The Executive Director shall be the compliance officer. Any person who feels
unlawfully discriminated against or to have been the victim of unlawful
discrimination by an agent or employee of the School or who knows of such
discrimination against another person should file a complaint with the
Executive Director. If the Executive Director is the one alleged to have
unlawfully discriminated, the complaint shall be filed with the Governing
Body.
Complaint Procedure
The School is committed to investigating each complaint and to taking
appropriate action on all confirmed violations of policy. The Executive
Director shall investigate and document complaints filed as soon as
reasonable. In investigating the complaint, the Executive Director will
maintain confidentiality to the extent reasonably possible.
If after the initial investigation the Executive Director has reason to believe
that a violation of policy has occurred, the Executive Director shall determine
whether or not to hold a hearing.
If the person alleged to have violated policy is a teacher or an administrator,
the due process provisions of the School's Policy GCQF shall apply, except
that the supervising administrator may be assigned to conduct the hearing.
The Executive Director also may recommend a suspension without pay,
recommend dismissal, or impose other appropriate discipline.
If the person alleged to have violated policy is a student, the Executive
Director may impose discipline in accordance with Policies JK, JKD and JKE.
If the Executive Director's investigation reveals no reasonable cause to
believe policy has been violated, the Executive Director shall so inform the
complaining party in writing.
Timelines
The complaint must be filed within thirty (30) calendar days after the
complaining party knew or should have known that there were grounds for a
complaint/grievance.
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© 2012 Arizona School Boards Association
REGULATION
JB-R
REGULATION
Once the written complaint has been filed using the forms provided by the
School, the Executive Director shall require the immediate supervisor or site
administrator to investigate and respond in writing to the complaining party
within five (5) working days.
If the immediate supervisor or site administrator does not respond, the
Executive Director will have ten (10) additional working days to respond in
writing to the complaining party.
If the Executive Director does not respond within the established time, then
the complaining party may request in writing that the issue be brought
before the Governing Body which will then review the record of the
investigation and have thirty (30) days to respond to the complaining party in
writing.
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JC-0181
JB-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
EQUAL EDUCATIONAL
OPPORTUNITIES
COMPLAINT FORM
(To be filed with the compliance officer as provided in JB-R)
Please print:
Name ________________________________________ Date ___________________
Address
____________________________________________________________
Telephone __________ Another phone where you can be reached
During the hours of
E-mail address
__________
________________________________________________
______________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity __________________
________________________________________________________________________
________________________________________________________________________
Address
______________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, the background to the incident, and any attempts
you have made to solve the problem. Be sure to note relevant dates, times,
and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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JC-0181
JB-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
____________________________________
Signature of Complainant
The compliance officer, as designated in JB-R, shall give one (1) copy to the
complainant and shall retain one (1) copy for the file.
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JC-0500
© 2012 Arizona School Boards Association
JE
STUDENT ATTENDANCE
The parent or guardian is charged by law with responsibility for the student's
consistent school attendance. The Executive Director will enforce the laws
regarding attendance, with consideration for the variables that affect
children and families. Emphasis will be placed on the prevention and
correction of the causes of absenteeism.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-346
15-802
15-843
15-872
15-873
15-901
CROSS REF.:
JH - Student Absences and Excuses
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JC-0511
© 2012 Arizona School Boards Association
REGULATION
JE-R
REGULATION
STUDENT ATTENDANCE
Attendance Records
Each time a class meets, the teacher shall check and formally record the
attendance of all students assigned to the class. The name of any absent
student shall be entered on the prescribed attendance/absence report and be
submitted to the office.
A master list of student absences will be prepared daily from attendance
reports received in the office.
The School administrator is accountable for assuring that accurate and
timely daily records of student membership and attendance are maintained.
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© 2012 Arizona School Boards Association
JEA
COMPULSORY ATTENDANCE AGES
It is unlawful for any child who is at least six (6) but not yet sixteen (16)
years of age to fail to attend school during the hours that school is in session,
unless such child is excused pursuant to:
A.R.S. 15-802 (see attached exhibit) and verifiable records are kept of
the reasons for excuse from the duties prescribed.
A.R.S. 15-901 (for children with disabilities).
The child being provided instruction at home.
The child being accompanied by a parent or a person authorized by a
parent.
Adopted: date of Handbook adoption
LEGAL REF.
A.R.S. 15-802
15-803
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EXHIBIT
JEA-E
EXHIBIT
COMPULSORY ATTENDANCE AGES
Every child between the ages of six (6) and sixteen (16) years shall attend a
school and shall be provided instruction in at least the subjects of reading,
grammar, mathematics, social studies, and science. The person who has
custody of the child shall choose a public, private, charter, or home school as
defined in A.R.S. 15-802 to provide instruction.
The parent or person who has custody of the child shall do the following:
If the child will attend a public, private, or charter school, enroll the
child and ensure that the child attends the public, private, or charter
school for the full time that school is in session. If the child attends a
school that is operated on a year-around basis, the child shall regularly
attend during school sessions that total not less than one hundred
seventy-five (175) school days or two hundred (200) school days, as
applicable, or the equivalent as approved by the Superintendent of
Public Instruction.
If the child will attend a private school or home school, file an affidavit
of intent with the County School Superintendent stating that the child
is attending a regularly organized private school or is being provided
instruction in a home school, in accord with A.R.S. 15-802.
If the child will attend home school, the child has not reached eight (8)
years of age by September 1 of the school year, and the person who has
custody of the child does not desire to begin home instruction until the
child has reached eight (8) years of age, file an affidavit of intent
pursuant to A.R.S. 15-802 stating that the person who has custody of
the child does not desire to begin home school instruction.
A person is excused from the duties prescribed above if it is shown to the
satisfaction of the School administrator or the School administrator's
designee:
The child is in such physical or mental condition that attendance at a
public school is inexpedient or impracticable.
The child has completed the high school courses necessary for
completion of grade ten (10) as prescribed by the State Board of
Education.
The child has presented reasons for nonattendance at a public school
which are satisfactory to the School administrator or the School
administrator's designee.
For purposes of this paragraph, the
administrator's designee may be the School Governing Body.
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JC-0581
© 2012 Arizona School Boards Association
EXHIBIT
JEA-E
EXHIBIT
The child is over fourteen (14) years of age and is, with the consent of
the person who has custody of the child, employed at some lawful wageearning occupation.
The child is an enrollee in a work training, career education, vocational,
or Handbook training program that meets the educational standards
established and approved by the Department of Education.
The child was either suspended and not directed to participate in an
alternative education program or expelled from School as provided in
law.
The child is enrolled in an education program provided by a state
educational or other institution.
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JC-0600
© 2012 Arizona School Boards Association
JEB
ENTRANCE AGE REQUIREMENTS
Kindergarten and First Grade
For admission to kindergarten, children must be five (5) years of age prior to
September 1 of the current school year. If a full-day kindergarten is
provided, the parent of a student eligible for full-day kindergarten shall be
offered the opportunity to choose either half-day or full-day kindergarten
program. The School shall provide an academically meaningful half-day
kindergarten program in each School where the half-day student enrollment
is sufficient to fill a class with approximately the same number of students as
the School-wide kindergarten classroom average.
Children may be admitted to first grade who are six (6) years of age, or shall
be deemed six (6) years of age if they reach such age prior to September 1 of
the current school year.
The Governing Body may admit children who have not reached the required
age as prescribed above if it is determined to be in the best interest of the
children, and such children must reach the required age of five (5) for
kindergarten and six (6) for first grade by January 1 of the current school
year.
For a child who has not reached six (6) years of age (five [5] for kindergarten)
before September, the determination of whether to admit shall be based upon
one (1) or more consultations with the parent(s) or guardian(s), the child, the
teacher, the school principal, and/or professional consultants.
When a child who has not reached age five (5) prior to September 1 was
admitted for early enrollment in kindergarten, and the child is readmitted to
kindergarten in the following year, the School is not eligible to receive basic
state aid for the child's second year. The School may charge tuition for the
second year of kindergarten enrollment.
The School may charge tuition for full-day kindergarten in fiscal year 20092010 if the School decides not to provide free full-day kindergarten as
authorized by Section 78, Laws 2009.
High School
A high school graduate with a recognized diploma may be refused admission.
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JC-0600
© 2012 Arizona School Boards Association
JEB
Students between the ages of sixteen (16) and twenty-one (21) years shall be
admitted to high school. A student under sixteen (16) years of age who does
not hold an eighth-grade certificate of promotion may be admitted to high
school under the following conditions:
The student must meet competency requirements in the adopted
standards for promotion of students from the eighth (8th) grade as
determined by the State Board of Education in the areas of reading,
writing, mathematics, science, and social studies.
Determining Competency for
Entrance to High School
Upon request for admission to high school, a student who has not obtained an
eighth-grade certificate of promotion and is under sixteen (16) years of age
must show competency in the standards of reading, writing, mathematics,
science, and social studies as adopted by the State Board of Education and as
determined by a School assessment instrument. The assessment instrument
will be based upon the standards adopted by the State Board of Education.
The instrument will be prepared or selected by, and the result will be verified
by, a certificated person chosen by the Executive Director.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-701
15-701.01
15-821
15-703
15-901
15-766
15-901.02
15-767
Section 78, Arizona Laws 2009, HB 2011
A.A.C. R7-2-301
CROSS REF.:
JF - Student Admissions
JHD - Exclusions and Exemptions from School Attendance
JLC - Student Health Services and Requirements
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JC-0650
JF
© 2012 Arizona School Boards Association
STUDENT ADMISSIONS
The person enrolling a student (except homeless students) in the school for
the first time will be asked to produce one (1) of the following proofs:
A certified copy of the child's birth certificate.
Other reliable proof of the student's identity and age, including the
student's baptismal certificate, an application for a Social Security
number, or original school registration records, and an affidavit
explaining the inability to provide a copy of the birth certificate.
A letter from the authorized representative of an agency having custody
of the student (pursuant to statute) certifying that the student has been
placed in the custody of the agency as prescribed by law.
The parent, guardian, or surrogate will be given thirty (30) days to provide
documentation requested as listed above. If documentation is not provided, a
letter will be sent to notify the parent, guardian, or surrogate that unless the
documentation is provided within ten (10) days, the local law enforcement
agency will be notified.
Nothing contained in this policy shall authorize the school to disclose to any
person a student's educational record without prior parental consent unless
the School makes a determination that disclosure of such records is necessary
to protect the health and safety of the student.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-828
42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
CROSS REF.:
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JLH - Missing Students
JR - Student Records
JRCA - Request for Transfer of Records
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JC-0750
© 2012 Arizona School Boards Association
JFAA
ADMISSION OF STUDENTS
A student who meets the applicable age requirements established by state
law shall be admitted without payment of tuition in accordance with the
School's open enrollment policy.
The following students are residents:
A student who is in the legal custody of a natural or adoptive parent or
other person to whom custody has been granted by a court order and
who resides with the parent or other person in the state.
A student who is an emancipated minor and whose place of residence is
in the state. When determining whether a minor is emancipated, the
Executive Director will consider such factors as whether the student is
married, financially independent, and residing away from the family
domicile with parental consent.
A student who is eighteen (18) years of age or older and whose place of
residence is in the state.
A student who is homeless, and who attended the School at the time of
becoming homeless.
A student who resides with a family member living in the state while
awaiting the outcome of a legal guardianship or custody proceeding if
the family provides written documentary proof in accord with 15821(D).
The residency of a student, natural or adoptive parent, or other person to
whom custody of the student has been granted by court order shall be based
upon evidence of the individual's physical presence and intent to remain in
the state. Such evidence of residency be determined by using the following
verifiable documentation.
Verifiable Documentation
A.R.S. 15-802(B) requires school districts and charter schools to obtain and
maintain verifiable documentation of Arizona residency upon enrollment in
an Arizona public school. This policy is written to assist school districts and
charter schools in meeting the legal requirements of the statute.
The documentation required by A.R.S. 15-802 must be provided each time a
student enrolls in a school district or charter school in this state, and
reaffirmed during the district or charter's annual registration process via the
district or charter's annual registration form. The documentation supporting
Arizona residency should be maintained according to the school's records
retention schedule.
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JC-0750
© 2012 Arizona School Boards Association
JFAA
In general, students will fall into one (1) of two (2) groups: 1) those whose
parent or legal guardian is able to provide documentation bearing his or her
name and address; and 2) those whose parent/legal guardian cannot
document his or her own residence because of extenuating circumstances
including, but not limited to, that the family's household is multigenerational. Different documentation is required for each circumstance.
Parent(s) or legal guardian(s) that maintains his or her own
residence: The parent or legal guardian must complete and sign a form
indicating his or her name, the name of the school district, school site, or
charter school in which the student is being enrolled, and provide one (1) of
the following documents, which bear the parent or legal guardian's full name
and residential address or physical description of the property where the
student resides (no P.O. Boxes):
Valid Arizona driver's license, Arizona identification card
Valid Arizona motor vehicle registration
Valid United States passport
Property deed
Mortgage documents
Property tax bill
Rental agreement or lease (including Section 8 agreement)
Utility bill (water, electric, gas, cable, phone)
Bank or credit card statement
W-2 wage statement
Payroll stub
Certificate of tribal enrollment or other identification issued by a
recognized Indian tribe
Other documentation from a state, tribal, or federal agency (Social
Security
Administration,
Veterans'
Administration,
Arizona
Department of Economic Security, etc.)
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JC-0750
© 2012 Arizona School Boards Association
JFAA
Parent(s) or legal guardian(s) that does not maintain his or her own
residence: The parent or legal guardian must complete and sign a form
indicating his or her name, the name of the school district, school site, or
charter school in which the student is being enrolled, and submit a signed,
notarized affidavit bearing the name and address of the person who
maintains the residence where the student lives attesting to the fact that the
student resides at that address, along with a document from the bulleted list
above bearing the name and address of the person who maintains the
residence.
Use of and Retention of
Documents by Schools
School officials must retain a copy of the attestations or affidavits and copies
of any supporting documentation presented for each student (photocopies
acceptable) that school officials believe establish validity.
Documents
presented may be different in each circumstance, and unique to the living
situation of the student. Documents retained by the school district or charter
school may be used as an indicia of residency; however, documentation is
subject to audit by the Arizona Department of Education. Personally
identifiable information other than name and address (SSN, account
numbers, etc.) should be redacted from the documentation either by the
parent/guardian or the school official prior to filing.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-802
15-816 et seq.
15-821
15-823
15-824
42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
CROSS REF.:
JFABD - Admission of Homeless Students
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JLH - Missing Students
JR - Student Records
JRCA - Request for Transfer of Records
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JC-0781
© 2012 Arizona School Boards Association
EXHIBIT
JFAA-EA
EXHIBIT
ADMISSION OF STUDENTS
RESIDENCY DOCUMENTATION FORM
Student _________________________________
School _____________________
School District or Charter Holder ________________________________________
Parent/Legal Guardian _________________________________________________
As the Parent/Legal Guardian of the Student, I attest that I am a resident of
the State of Arizona and submit in support of this attestation a copy of the
following document that displays my name and residential address or
physical description of the property where the student resides:
_____ Valid Arizona driver's license, Arizona identification card or motor
vehicle registration
_____ Valid U.S. passport
_____ Real estate deed or mortgage documents
_____ Property tax bill
_____ Residential lease or rental agreement
_____ Water, electric, gas, cable, or phone bill
_____ Bank or credit card statement
_____ W-2 wage statement
_____ Payroll stub
_____ Certificate of tribal enrollment or other identification issued by a
recognized Indian tribe that contains an Arizona address
_____ Documentation from a state, tribal or federal government agency
(Social Security Administration, Veteran's Administration, Arizona
Department of Economic Security)
_____ I am currently unable to provide any of the foregoing documents.
Therefore, I have provided an original affidavit signed and notarized
by an Arizona resident who attests that I have established residence in
Arizona with the person signing the affidavit.
______________________________________
Signature of Parent/Legal Guardian
________________________
Date
Reproduction of ADE FORM 2306606 which may be used in lieu of this document.
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JC-0782
© 2012 Arizona School Boards Association
EXHIBIT
JFAA-EB
EXHIBIT
ADMISSION OF STUDENTS
AFFIDAVIT OF SHARED RESIDENCE
I swear or affirm that I am a resident of the State of Arizona and that the
persons listed below reside with me at my residence, described as follows:
Persons who reside with me:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Location of my residence:
__________________________________________________________________
__________________________________________________________________
I submit in support of this attestation a copy of the following document that
displays my name and current residence address or physical description of
my property:
_____ Valid Arizona driver's license, Arizona identification card or motor
vehicle registration
_____ Valid U.S. passport
_____ Real estate deed or mortgage documents
_____ Property tax bill
_____ Residential lease or rental agreement
_____ Water, electric, gas, cable, or phone bill
_____ Bank or credit card statement
_____ W-2 wage statement
_____ Payroll stub
_____ Certificate of tribal enrollment or other identification issued by a
recognized Indian tribe
_____ Documentation from a state, tribal or federal government agency
(Social Security Administration, Veteran's Administration, Arizona
Department of Economic Security)
Printed Name of Affiant:
______________________________________________
Signature of Affiant:
______________________________________________
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JC-0782
© 2012 Arizona School Boards Association
EXHIBIT
JFAA-EB
EXHIBIT
Acknowledgement
State of Arizona
County of Maricopa
The foregoing was acknowledged before me this ___ day of __________, 20___,
By ______________________________________________________.
My Commission Expires
_________________________
_______________________________________
Notary Public
Reproduction of ADE FORM 2306606 which may be used in lieu of this document.
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JC-0950
JFABC
© 2012 Arizona School Boards Association
ADMISSION OF TRANSFER STUDENTS
(Academic Credit Transfer)
Academic credit for students who transfer from private or public schools shall
be determined on a uniform and consistent basis.
Elementary
Academic credit for placement in the common school subjects and grades
shall be based upon teacher recommendations and previous grade level
assignments subject to the determination that the student can meet the
standards adopted by the State Board of Education for the grade level
assignment.
Credit for Graduation Requirements
Core credit for purposes of this policy shall be the eleven and one half (11 1/2)
units of credit specifically named as required for graduation by the State
Board of Education in R7-2-302.04.
Each student who enrolls and requests the transfer of academic credits to
fulfill graduation requirements shall be provided with a list specifying the
courses for which credit has been accepted as core credit and those for which
credit has been accepted as elective by the School. Transferred credit that
satisfies any of the following criteria will be acceptable for fulfilling School
core credit requirements and other specified courses required for graduation:
The credit meets descriptors of core credit or other requirements and
was from a course taught by a teacher certificated by the Arizona
Department of Education in the subject or area of the credit.
Awarding of the credit was based upon an assessment that included the
standards adopted by the State Board of Education and evidence of the
student having achieved the standards is provided.
The credit meets descriptors of core credit or other requirements and
was awarded by a school accredited by one (1) of the following
accrediting agencies of colleges and schools; North Central Association,
Southern Association, Middle States Association, New England
Association, Northwestern Association, Western Association.
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JFABC
When transfer credit is not accepted as a core credit, within ten (10) school
days the student may request to take an examination on the course subject
matter designed and evaluated by a teacher in the receiving school who is
certificated in and teaches the subject matter of the course for which the
credit was requested. Upon receiving a satisfactory score as determined by
the teacher, course credit will be awarded as core credit. All core credit
courses must meet the standards adopted by the State Board of Education
where such standards exist. Where standards have not been adopted by the
State Board of Education, core credit courses must meet the standards
established for the school to which the student has requested a transfer of
credit.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-189.03
15-701.01
15-745
CROSS REF.:
JG - Assignment of Students to Classes
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JC-1000
JFABD
© 2012 Arizona School Boards Association
ADMISSION OF HOMELESS STUDENTS
This policy is intended to direct compliance with Arizona State Laws and
Arizona Administrative Code and the McKinney-Vento Homeless Education
Assistance Improvements Act of 2001 and should be read as consistent with
those documents.
The implementation of this policy shall assure that:
homeless students are not stigmatized or segregated on the basis of
their status as homeless;
homeless students are immediately enrolled in school;
transportation is provided to and from the school of origin for the
homeless student as applicable and found in the law.
Definitions
The term "homeless students" means individuals who lack a fixed, regular,
and adequate nighttime residence and includes:
students who are sharing the housing of other persons due to loss of
housing, economic hardship, or a similar reason; are living in motels,
hotels, trailer parks, or camping grounds due to the lack of alternative
adequate accommodations; are living in emergency or transitional
shelters; are abandoned in hospitals; or are awaiting foster care
placement;
students who have a primary nighttime residence that is a public or
private place not designed for or ordinarily used as a regular sleeping
accommodation for human beings;
students who are living in cars, parks, public spaces, abandoned
buildings, substandard housing, bus or train stations, or similar
settings; and
migratory students who qualify as homeless because the children are
living in circumstances described above.
The term 'school of origin' means the school that the student attended when
permanently housed or the school in which the student was last enrolled.
The term 'unaccompanied youth' includes a youth not in the physical custody
of a parent or guardian.
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JFABD
Liaison for Homeless Students
The Executive Director will designate an appropriate staff person as liaison
for homeless students who will carry out duties as assigned. Among those
duties will be the responsibility to coordinate activities and programs in the
best interest of homeless students that will include, but not be limited to,
establishment of procedures to:
continue the student's education in the school of origin for the duration
of homelessness:
in any case in which a family becomes homeless between academic
years or during an academic year; or
for the remainder of the academic year, if the student becomes
permanently housed during an academic year; or
Enroll the student in any public school that nonhomeless students who
live in the attendance area in which the student is actually living are
eligible to attend.
Best Interest of the Homeless Student
In determining the best interest of the homeless student, the School shall:
To the extent feasible, keep a homeless student in the school of origin,
except when doing so is contrary to the wishes of the student's parent or
guardian;
Provide a written explanation, including a statement regarding the
right to appeal, to the homeless student's parent or guardian, if the
homeless student is sent to a school other than the school of origin or a
school requested by the parent or guardian; and
In the case of an unaccompanied youth, the liaison for homeless
students shall assist in placement or enrollment decisions, considering
the views of such unaccompanied youth, and providing notice to such
student of the right to appeal.
Other Relevant Policies
and Procedures
Implementation of the McKinney-Vento Act requires the coordination with a
number of policies and procedures. These policies and procedures are listed
below as cross referenced and are incorporated in this policy and these
procedures by such reference.
Adopted: date of Handbook adoption
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© 2012 Arizona School Boards Association
JFABD
LEGAL REF.: 42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
CROSS REF.:
JF - Student Admissions
JFB - Open Enrollment
JG - Assignment of Students to Classes and Grade Levels
JLCB - Immunizations of Students
JLH - Missing Students
JR - Student Records
JRCA - Request for Transfer of Records
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JC-1011
JFABD-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
ADMISSION OF HOMELESS STUDENTS
Admission
The school selected by the homeless student shall immediately admit the
homeless student, even if the student is unable to produce records normally
required for enrollment, such as previous academic records, medical records,
proof of residency, or other documentation.
The enrolling school shall immediately contact the school last attended by the
student to obtain relevant academic and other records.
If the student needs to obtain immunizations, or immunization or medical
records, the enrolling school shall immediately refer the parent or guardian
of the student to the liaison for homeless students, who shall assist in
obtaining necessary immunizations, or immunization or medical records.
Admission Disputes
If a dispute arises over school selection or enrollment in a school:
The student shall be immediately admitted to the school in which
enrollment is sought, pending resolution of the dispute;
The parent or guardian of the student shall be provided with a written
explanation of the school's decision regarding school selection or
enrollment, including the rights of the parent, guardian, or student to
appeal the decision;
The student, parent, or guardian shall be referred to the liaison for
homeless students, who shall carry out the dispute resolution process
as expeditiously as possible after receiving notice of the dispute in
accord with the procedure found in the Arizona State Plan; and
In the case of an unaccompanied youth, the liaison for homeless
students shall ensure that the student is immediately enrolled in School
pending resolution of the dispute.
Enrollment Decision
The decision regarding enrollment shall be made regardless of whether the
student lives with the homeless parents or has been temporarily placed
elsewhere.
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JC-1031
© 2012 Arizona School Boards Association
JFABD-EA
EXHIBIT
EXHIBIT
ADMISSION OF HOMELESS STUDENTS
LIAISON POSITION
The School shall designate a liaison for homeless students and, in conjunction
with the state coordinator, shall inform school personnel, service providers,
and advocates working with homeless families of the duties of the School
liaison.
The School liaison for homeless students shall ensure that:
homeless students are identified by School personnel and through
coordination activities with other entities and agencies;
homeless students enroll in, and have full and equal opportunity to
succeed in the School;
homeless families and students receive educational services for which
such families and students are eligible, including:
Head Start and Even Start programs and preschool programs
administered by the School, and
referrals to health care and immunization services, dental
services, mental health services, and other appropriate services;
the parents or guardians of homeless students are informed of the
educational and related opportunities available to their children and
are provided with meaningful opportunities to participate in the
education of their children;
public notice of the educational rights of homeless students is
disseminated where such students receive services under the Homeless
Assistance Act, such as:
schools;
family shelters; and
soup kitchens;
disputes over school selection or enrollment in a school are mediated in
a manner that:
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EXHIBIT
JFABD-EA
EXHIBIT
immediately admits the student to the school in which enrollment
is sought, pending resolution of the dispute,
provides the parent or guardian of the student with a written
explanation of the School's decision regarding the school selection
or enrollment, and informs the parent, guardian, or student of the
rights to appeal the decision,
expeditiously carries out the dispute resolution process after
receiving notice of the dispute, and
in the case of an unaccompanied youth, ensures that the student
is immediately enrolled in school pending resolution of the
dispute;
the parent or guardian of a homeless student, and any unaccompanied
youth, is fully informed of all transportation services, including
arrangements for transportation to the school of origin;
the parent or guardian of a homeless student, and any unaccompanied
youth, is assisted in accessing transportation to the selected school.
As a part of the duties, the School liaison for homeless students will
coordinate and collaborate with state coordinators and community and school
personnel responsible for the provision of education and related services to
homeless students.
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JC-1032
© 2012 Arizona School Boards Association
JFABD-EB
EXHIBIT
EXHIBIT
ADMISSION OF HOMELESS STUDENTS
NOTICE
In accordance with the McKinney-Vento Homeless Assistance Act of 2001,
722 (e)(3)(C), the parent or guardian (student if unaccompanied) is to receive
and acknowledge notice of the rights set forth below.
The parent or guardian of a homeless student (student if unaccompanied) has
the right to:
Continue the student's education in the school of origin for the duration
of homelessness:
in any case in which a family becomes homeless between academic
years or during an academic year; or
for the remainder of the academic year, if the student becomes
permanently housed during an academic year; or
Enroll the student in any public school that nonhomeless students who
live in the attendance area in which the student is actually living are
eligible to attend.
Appeal if the homeless student is sent to a school other than the school
of origin or a school requested by the parent or guardian;
Enroll in, and have full and equal opportunity to succeed in school
without being segregated from the nonhomeless student population;
Receive educational services for which such families and students are
eligible, including:
Transportation services, meals programs;
Head Start and Even Start programs and preschool programs
administered by the School; and
referrals to health care and immunization services, dental
services, mental health services, and other appropriate services.
Identification or service without being stigmatized as homeless by
School personnel;
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© 2012 Arizona School Boards Association
EXHIBIT
JFABD-EB
EXHIBIT
A parent or guardian (student if unaccompanied) may contact the State
Coordinator for Education of Homeless Children and Youths at;
The Arizona Department of Education
1535 W Jefferson
Phoenix, AZ 85007
Telephone: 602 542-7462
A parent or guardian (student if unaccompanied) may contact the School
Liaison for Homeless Children and Youths at;
Paradise Schools
15533 W. Paradise Lane
Surprise, AZ 85374
Telephone (623) 975-2646
The School Liaison for Homeless shall ensure that the parent or guardian of
a homeless student, and any unaccompanied youth is:
assisted in accessing transportation to the selected school;
provided assistance in exercise of the right to attend the school of choice
and other necessary services; and
provided the above information in a manner and form understandable
to the recipient and if necessary and to the extent feasible, in the native
language of the recipient.
The signature below indicates that the signatory has received and
understands this information on rights.
___________________________________________
Signature of Parent, Legal Guardian
(or unaccompanied student)
_______________________
Date
One (1) copy to signatory and one (1) to the liaison officer file.
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JC-1050
JFB
© 2012 Arizona School Boards Association
OPEN ENROLLMENT
The School has an open-enrollment program as set forth in A.R.S. 15-184 et
seq. The open enrollment program described in this policy shall be placed on
the School website and made available to the public on request.
Information and Application
The Executive Director shall prepare a written information packet
concerning the School's application process, standards for acceptance or
rejection, and policies, regulations, and procedures for open enrollment. The
packet will be made available to everyone who requests it.
The information packet shall include the enrollment application form and
shall advise applicants that they must submit enrollment applications to be
considered for enrollment.
Capacity
The Executive Director shall annually estimate how much excess capacity
may exist to accept transfer pupils. The estimate of excess capacity shall be
made for each school and grade level and shall take into consideration:
The enrollment of eligible children of employees of the School,
employees of the charter holder, members of the Governing Body of the
School or directors, officers, partners or board members of the charter
holder.
Pupils who were enrolled in the School the previous year.
The Governing Body shall make the final determination of excess capacity.
Enrollment Priorities
If the Governing Body has determined that there is excess capacity to enroll
additional pupils, such pupils shall be selected on the basis of designated
priority categories from the pool of pupils:
Who have properly completed and submitted applications; and
Who meet admission standards.
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JFB
Enrollment priorities and procedures for selection shall be in the order and in
accordance with the following:
Enrollment preference shall be given to sibling who would be enrolled
concurrently with pupils who were enrolled in the School the previous
year. If capacity is not sufficient to enroll all of these pupils, they shall
be selected through a random selection process adopted by regulation of
the Executive Director.
Enrollment preference shall be given to pupils who were not enrolled in
the School the previous year and their siblings who would be enrolled
concurrently. If capacity is not sufficient to enroll all of these pupils,
they shall be selected through a random selection process adopted by
regulation of the Executive Director.
Selection Process
All applicants will be accepted if there is sufficient capacity. If there is
insufficient capacity, applicants will be selected from the submitted
applications for enrollment in a school in accordance with a random selection
process except where policy may indicate otherwise. After April 15, pupils
shall be selected for enrollment from the waiting list in the order in which the
pupils were placed on the waiting list through the random selection process,
or as otherwise provided by policy.
Procedure
The procedure for selection shall be as follows:
The applicants will be divided by priority categories and have their
names placed on separate pieces of paper and the papers placed in a
container. Names will be drawn by priority categories and numbered in
the order in which they are drawn. All applications properly submitted
will be drawn and numbered for enrollment consideration. The
applicants whose names are selected in order, up to the capacity
limitations established, shall be permitted to enroll in the school. All
others drawn will be placed on a waiting list with priority in accord
with the lowest number.
Admission Standards
A pupil who has been expelled by any school or school district in this state or
who is not in compliance with a condition of disciplinary action imposed by
any other school or school district or with a condition imposed by the juvenile
court shall not be admitted. Acceptance for enrollment may be revoked upon
finding the existence of any of these conditions.
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JC-1050
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JFB
The School shall not admit a pupil if the School is notified that admission of
the pupil would violate the provisions of a court order of desegregation or
agreement by a school or district with the United States Department of
Education Office for Civil Rights directed toward remediation of alleged or
proven racial discrimination.
Notification
The School shall notify the emancipated pupil, parent, or legal guardian in
writing by June 1 whether the applicant has been accepted, placed on a
waiting list pending the availability of capacity, or rejected. The School shall
also notify the resident school or school district of an applicant's acceptance
or placement on a waiting list. If the applicant is placed on a waiting list, the
notification shall inform the emancipated pupil, parent, or legal guardian of
the date when it will be determined whether there is capacity for additional
enrollment in a school. If the pupil's application is rejected, the reason for
the rejection shall be stated in the notification.
Exception
Should there be excess capacity remaining for which no applications were
submitted by the date established, the Executive Director, upon approval by
the Governing Body, shall authorize additional enrollment of nonresident
pupils:
Up to the determined capacity.
On the basis of the order of the completed applications submitted after
the notification date established in this policy.
Without regard to enrollment preference.
As long as admission standards are met.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-184
CROSS REF.:
EEAA - Walkers and Riders
IIB - Class Size
JF - Student Admissions
JFAA - Admission of Resident Students
JFAB - Admission of Nonresident Students
JFABD - Admission of Homeless Students
JG - Assignment of Students to Classes and Grade Levels
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JC-1081
© 2012 Arizona School Boards Association
EXHIBIT
JFB-E
EXHIBIT
OPEN ENROLLMENT
ATTENDANCE APPLICATION
File this application at the School Office
Student's name _________________________________________________________
Last
First
M.I.
Current grade_____
Birth date__________ Home phone___________________
Work phone____________________________ Message phone ________________
Parent's name __________________________________________________________
Last
First
M.I.
Home address __________________________________________________________
Street
City
Zip
E-mail address _________________________________________________________
The above-named student:
 resides outside the School; or
 resides within the School
Present school of attendance
School _________________________ District _______________________________
City ___________________________ County _______________________________
Request assignment to ________________________________________ School
Is the above-named student:
 Yes  No Expelled or long-term suspended from any school or school
district?
 Yes  No Currently subject to expulsion or long-term suspension from
a school or school district?
 Yes
court?
 No 
N/A In compliance with conditions imposed by a juvenile
 Yes  No 
N/A In compliance with a condition of disciplinary action
in any school or school district?
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JC-1081
JFB-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
Note: The following conditions apply to the open-enrollment program:
1. An attendance application must be completed and submitted on or before
April 1.
2. Enrollment is subject to the capacity limit established for the school
and/or its grade levels.
3. On or before June 1, the parent or legal guardian will be notified in
writing whether the application has been accepted, rejected, or placed on a
waiting list.
4. Transportation for the student may be the responsibility of the parent or
legal guardian.
5. Providing false information on this form may result in the application
being denied or admission being revoked.
The signatory affirms that the student will abide by the rules, standards, and
policies of the School if enrolled.
______________________________________
Signature of Parent or Legal Guardian
______________________
Date
FOR SCHOOL USE ONLY  DO NOT WRITE BELOW THIS LINE
Student number _____________________ Date stamp
 Accepted  Placed on waiting list
 Rejected - Reason for rejection
__________________
Filing Date
Administrator ____________________
Date
______________________________________
Copies sent by School to applicant and Executive Director's office.
Date sent _________________________________________________
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JC-1300
© 2012 Arizona School Boards Association
JFC
STUDENT WITHDRAWAL FROM
SCHOOL / DROPOUTS
A withdrawal form shall be presented to the parent or legal guardian of a
student who may or must withdraw from School. The withdrawal form shall
include space for the reason for withdrawal and the signature of an official of
the school from which the student has withdrawn.
Reasons for withdrawal may include:
Parents or legal guardians moving from the School area or to an area
served by another school or District.
Parents requesting the withdrawal of students who have passed their
sixteenth birthday.
Expulsion or long-term suspension by the Governing Body.
Upon withdrawal, the student shall check in all books and other School
property.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-827
15-828
15-829
CROSS REF.:
JF - Student Admissions
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JC-1400
JG
© 2012 Arizona School Boards Association
ASSIGNMENT OF STUDENTS TO
CLASSES AND GRADE LEVELS
Students who apply for admission to grades two (2) through twelve (12) on
the basis of prior schooling outside the School will be placed initially at the
grade levels they have reached elsewhere.
Assignment of a student to classes (classroom or subjects) shall be made
based upon the student's grade-level assignment, completion of any
prerequisites, student achievement, and any classroom limitations or classsize guidelines, in that order.
A student who enrolls in a kindergarten program or grades one (1) through
twelve (12) after receiving instruction in a home school program shall be
tested using State Board standards in order to determine the appropriate
grade level for educational placement of the student.
The Executive Director shall establish procedures for guiding the review and
assignment of students to classes and grade levels.
Adopted: date of Handbook adoption
CROSS REF.:
IKE - Promotion, Retention and Acceleration of Students
IKF - Graduation Requirements
JFB - Open Enrollment
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JC-1411
JG-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
ASSIGNMENT OF STUDENTS TO
CLASSES AND GRADE LEVELS
Elementary School
The School administrator will determine whether there should be any change
in the grade-level placement of the student. In making such determination,
the School administrator will be guided by teacher recommendations and
consultation with the parent(s).
Assignment of a student to classes shall be the responsibility of the School
administrator after consideration of the student's grade-level assignment,
completion of any prerequisites, the student's achievement, and any
classroom limitations or class-size guidelines.
High School
The School administrator shall establish the number of credits needed for a
student to be placed at a particular grade level. The determination of grade
level will be made based upon progress toward graduation requirements
normally expected of a student to graduate in a four (4)-year period.
Students will be assigned to grade levels based upon the credits earned and
accepted by the School.
The School administrator of the high school will prepare a list of
prerequisites for classes offered in the high school, specifically stating grade
level and credit or achievement required before a pupil can take a specific
class or subject. Also included shall be a statement of priority for assignment
to a class or subject - with classroom limits based upon number of sections
offered or scheduled - and/or the class-size guidelines. The list developed will
be submitted to the Executive Director for approval. All subjects offered in
the high school will be included in the list.
The School administrator of the high school will designate responsibility for
determining the grade level and specific classes or subject assignment of a
student. The assignments shall be made consistent with policy, regulations,
and approved school guidelines.
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JC-1550
© 2012 Arizona School Boards Association
JH
STUDENT ABSENCES AND EXCUSES
The regular school attendance of a child of school age is required by state law.
Regular school attendance is essential for success in school; therefore,
absences shall be excused only for necessary and important reasons. Such
reasons include illness, bereavement, other family emergencies, and
observance of major religious holidays of the family's faith.
In the event of a necessary absence known in advance, the parent is expected
to inform the School; if the absence is caused by emergency, such as illness,
the parent is expected to telephone the School office. When a student returns
to School following any absence, a note of explanation from the parent is
required.
When Absent from School
State law mandates that the School record reasons for all student absences.
Therefore, when a student is absent, it will be necessary for the parent to call
the School on or before the day of the absence in order to advise the School as
to the reason for the absence. When it is impossible to call on the day of the
absence, the School should be notified on the morning the student returns, in
time for the student to obtain an admission slip prior to the student's first
class. All absences not verified by parental or administrative authorization
will remain unexcused.
If a parent does not have access to a phone, either at home or at work, a note
will be accepted for verification purposes.
For absences greater than one (1) day in length, the School should be notified
each day of the absence.
All personnel will solicit cooperation from parents in the matter of school
attendance and punctuality, particularly in regard to the following:
The scheduling of medical and dental appointments after school hours
except in cases of emergency.
The scheduling of family vacations during school vacation and recess
periods.
The School may require an appointment card or a letter from a hospital or
clinic when the parent has not notified the School of an appointment of a
medical or dental nature.
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© 2012 Arizona School Boards Association
JH
School administrators are authorized to excuse students from School for
necessary and justifiable reasons.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-346
15-802
15-806
15-807
15-843
15-873
CROSS REF.:
JE - Student Attendance
PARADISE SCHOOLS
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JC-1561
JH-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
STUDENT ABSENCES AND EXCUSES
(Absence Notification)
When an excuse or authorization of absence from the parent or person having
custody of the student has not been provided to the School office, the School
shall make a reasonable effort to promptly telephone and notify parents or
persons having custody of a student upon the student's absence.
Students in grades kindergarten (K) through six (6):
Within two (2) hours after the first class in which the student is
absent.
Students in grades seven (7) and eight (8):
Within two (2) hours of an absence when the absence is from the
student's first class of the day.
Within five (5) hours of an absence from a class other than the
student's first class of the day.
The School and its Governing Body, employees, or agents are not liable for
failure to notify.
Further, on or before the enrollment of a student in grades kindergarten (K)
through eight (8), the School shall notify parents or other persons who have
custody of a student of their responsibility to authorize any absence of the
student from School and to notify the School in advance or at the time of any
absence. The School also requires that at least one (1) telephone number, if
available, be given to the School office so that a "reasonable effort to notify by
telephone" may be accomplished. This telephone number, if available, shall
be provided at the time of enrollment of the student in the School. The
parents or persons having custody of a student shall promptly notify the
School of any change in this telephone number.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-1650
© 2012 Arizona School Boards Association
JHB
TRUANCY
A child between the ages of six (6) and sixteen (16) failing to attend school
during the hours school is in session is truant unless excused pursuant to
A.R.S. 15-802, 15-803, or 15-901.
Truant means an unexcused absence for at least one (1) class period during
the day. This includes absence from any class, study hall, or activity during
the school day for which the student is scheduled.
Unexcused absence for at least five (5) school days within a school year
constitutes habitual truancy.
The Executive Director will establish
procedures to identify and deal with unexcused absences, beginning with
notification of parents. Continued violation may lead to discipline of the child
and/or referral of the parent to a court of competent jurisdiction.
Adopted: date of Handbook adoption
LEGAL REF.
A.R.S.
8-201
15-802
15-803
15-841
15-843
CROSS REF.:
JEA - Compulsory Attendance Ages
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-1950
JHD
© 2012 Arizona School Boards Association
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
(Chronic Health Conditions)
The School will provide appropriate educational opportunities for any student
identified by an appropriately certified health professional in the fields of
podiatry, chiropractic, medicine, naturopathic medicine, osteopathy,
physician assistant, or registered nurse practitioner as having a chronic
health condition requiring management on a long-term basis that will affect
regular school attendance. Homework will be made available in a timely
manner to ensure that such students have the opportunity to successfully
complete assignments and avoid losing credit because of their absence from
school. The assigned teacher(s) shall have the responsibility to provide, in a
timely manner, homework for students designated as having chronic health
conditions. Further, students with chronic health conditions shall be
provided flexibility in physical education activity requirements so that they
may participate in the regular physical education program to the extent that
their health permits. Staff members responsible for physical education
activities programs shall develop and implement such guidelines.
Nothing in this policy shall be construed to obstruct, interfere with or
override the rights of parents or guardians concerning the education and
health care of pupils with chronic health problems.
Nothing in this policy shall be construed to authorize School personnel to
either:
Authorize absences from school for a student with a chronic health
problem without the prior consent of the student's parent or guardian.
Recommend, prescribe or provide medication to a student with a
chronic health problem without the prior consent of the student's
parent or guardian.
The Executive Director shall
requirements of this policy.
develop
regulations
for
meeting
the
Adopted: date of Handbook adoption
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-1950
© 2012 Arizona School Boards Association
JHD
LEGAL REF.: A.R.S. 15-346
15-761
15-843
15-902
32-801 et seq.
32-900 et seq.
32-1401 et seq.
32-1501 et seq.
32-1601 et seq.
32-1800 et seq.
32-2501 et seq.
CROSS REF:
IHBF - Homebound Instruction
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-1961
JHD-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
(Chronic Health Conditions)
Identification/Referral Process
Staff members shall be informed of procedures to follow in serving "students
with chronic health conditions." Teachers will review registration data and
make note of any students who were previously served as students with
chronic health conditions.
Registration forms, enrollment data, and attendance registers will identify
certified students with chronic health conditions who are eligible for modified
instructional services.
The screening procedures used to screen kindergarten students and new
enrollees for possible referral to special education or compensatory programs
will provide an indication of whether students with high absenteeism have
health conditions that may be considered chronic if they are due solely to
illness, disease, pregnancy complications, an accident or severe health
problems of an infant child of a student. Students can be identified or
referred at any time during the school year.
The person responsible for collection of attendance data shall be informed of
these available services and should be given direction for noting whether a
student's frequent absences are due to illness, disease, pregnancy
complications, an accident or severe health problems of an infant child of a
student. Registration, enrollment, and attendance procedures shall indicate
eligible students with chronic health conditions for documenting average
daily membership (ADM) adjustments with the Arizona Department of
Education, School Finance Section.
When a student is identified as possibly requiring services as a student with
a chronic health condition (via registration, screening procedures, attendance
data, or parent referral), a chronic health condition certification form with a
letter of explanation shall be sent to the parents, to be returned within thirty
(30) days. The teacher and parent shall meet within fifteen (15) days
following return of the chronic health condition certification.
Upon referral of a student for chronic health condition certification the office
shall be consulted to include any chronic health condition data in the records
(i.e., the annual report that identifies types of chronic illnesses monitored).
The office may provide information to assist teachers in dealing with chronic
health conditions.
PARADISE SCHOOLS
2/7/13
Page 1 of 3
JC-1961
JHD-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
Eligibility Criteria
The parents shall submit a written chronic health condition certification to
the School, which will include:
Certified health professional or nurse practitioner diagnosis.
Certified health professional or nurse practitioner prognosis.
Physical limitations
requirements.
affecting
physical
education
activities
and
Anticipated surgeries, treatment, or hospitalizations that, although not
expected to cause sufficient absences to require homebound services,
may interfere with regular school attendance.
Certified health professional or nurse practitioner signature and date
signed.
The appropriate instructional services needed are to be recommended by the
teacher after consultation with the parent according to the following
considerations:
The nature of the health condition relevant to the student's anticipated
activity level during absences (based on review of the chronic health
condition certification).
The student's academic capacity.
The teacher's recommendations for service delivery based on coursework difficulty and the student's ability to learn independently.
The amount of face-to-face instruction time required by the student for
optimum continuous learning outside the regular classroom.
The most appropriate service delivery in order to maintain integration
in the regular education program as much as possible (i.e., regular
physical education activities).
After the teacher and the parent have discussed the student's needs, an
instructional agreement will be recommended by the parent and the teacher
specifying the delivery and return of homework assignments and anticipated
contact time with the teacher to assist the student in completing required
course work during absences. This agreement, together with the teacher's
recommendation for appropriate instructional services, will be forwarded to
the administration for review and modification, if necessary, prior to
signature by the parent, teacher, and Executive Director.
PARADISE SCHOOLS
2/7/13
Page 2 of 3
JC-1961
© 2012 Arizona School Boards Association
REGULATION
JHD-R
REGULATION
If the absences of a student who is classified and has served as a student with
a chronic health condition amount to three (3) school months (or sixty [60]
school days), another chronic health condition certification shall be obtained
and reviewed by the teacher and the parent. They shall discuss the
appropriate service delivery necessary for continuous learning. If homebound
services are appropriate, the policies for referral shall be followed, which may
entail:
Obtaining parental consent to evaluate.
Obtaining chronic health condition certification.
On a yearly basis, the School shall review instructional needs of any student
with a chronic health condition. An updated chronic health condition
certification shall be obtained for each school year to verify the need for
continuing instructional modifications and ADM adjustments, if applicable.
However, the student may be recertified at any time to reevaluate
appropriate services needed.
Miscellaneous Provisions
Homework assignments will be provided during absences of students with
chronic health conditions, and credit will be given for course work completed
within established time lines.
Students with chronic health conditions will be given credit for completed
course work if frequent absenteeism is due to chronic health conditions as
certified by a certified health professional or nurse practitioner.
Physical education course-work requirements shall include the option for
students with chronic health conditions to participate in regular program
activities as much as their health permits. Such students shall be provided
integrated educational programming as much as possible. Modification to
requirements may be made with Governing Body approval.
The counselors who schedule students with chronic health conditions will
take into consideration the anticipated days of absence (noted on the medical
certification form) and the feasibility of completing courses requiring
laboratory work or vocational workshops.
PARADISE SCHOOLS
2/7/13
Page 3 of 3
JC-1981
© 2012 Arizona School Boards Association
EXHIBIT
JHD-EA
EXHIBIT
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
Dear ____________________:
This letter is to inform you that the School makes special arrangements for
homework assignments for certain students who have "chronic (recurring)
health conditions." As a result of frequent absences from school because of
illness or an accident, _______________ may be eligible to receive modified
instructional services provided for "students with chronic health conditions".
A form is enclosed asking your family's certified health professional or nurse
practitioner to state how this health condition is affecting school attendance.
If your certified health professional or nurse practitioner believes the
condition to be "chronic" and anticipates frequent absences for the school year
(but fewer than sixty [60] school days, as for homebound services), please ask
the certified health professional or nurse practitioner to fill out the medical
certification form and return it to the school.
If _______________ is eligible as a "student with a chronic health condition,"
the school will make sure that you receive homework and contact with a
teacher during necessary absences. The teacher will work out an agreement
for homework assignments with you to assure receipt of credit for completed
homework.
If you have any questions, please contact me at ___________________________.
Sincerely,
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-1982
© 2012 Arizona School Boards Association
EXHIBIT
JHD-EB
EXHIBIT
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
CERTIFICATION OF STUDENTS WITH
CHRONIC HEALTH CONDITIONS
(Obtained from a certified health professional or nurse practitioner)
______________________
Student's name
____________________
Parent's name
__________________________
Address
__________________________________________
School
__________________________
Grade level
______________________
Date of birth
__________________________
Date of initial consultation
____________________
Phone number
Certified health professional or nurse practitioner diagnosis:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Certified health professional or nurse practitioner prognosis:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Physical limitations affecting physical education activities:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-1982
© 2012 Arizona School Boards Association
EXHIBIT
JHD-EB
EXHIBIT
Anticipated absences due solely to illness, disease, pregnancy complications,
an accident or severe health problems of an infant child of a student (include
anticipated surgeries, treatments, or hospitalizations that may interfere with
school attendance during the __________ year):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Example 1: _________________'s physical condition may result in frequent
absences in the school year that may exceed ten (10) consecutive
school days per semester, but I do not anticipate that
_________________ will be absent enough days to require
homebound services.
Example 2: _________________ will require three (3) hospitalizations of
approximately four (4) days' duration each and three to five (3 5) treatments of one (1) day each during the school year.
Other relevant information:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________
Type or print certified health professional or
nurse practitioner's name and licensed title
__________________
Date
PARADISE SCHOOLS
2/7/13
_______________________________________________
Certified health professional or nurse
practitioner's signature and title
Page 2 of 2
JC-1983
© 2012 Arizona School Boards Association
EXHIBIT
JHD-EC
EXHIBIT
EXCLUSIONS AND EXEMPTIONS
FROM SCHOOL ATTENDANCE
INSTRUCTIONAL AGREEMENT FOR STUDENTS WITH
CHRONIC HEALTH CONDITIONS
School year ____________
___________________________________________
Student's name
____________
Grade level
_____________
Date
___________________________________ ___________________________________
Parent's name
Address
________________________ ___________________ __________________________
Person responsible for
Position
School
homework coordination
Eligibility checklist:
_________________ 1. Medical certification of chronic health condition
(diagnosis, prognosis, and inability to attend school
regularly).
_________________ 2. Medical certification of physical limitations
physical education.
for
_________________ 3. District office has
attendance register.
on
noted
chronic
condition
_________________ 4. If applicable, the School nurse informed of student's
chronic health condition.
_________________ 5. Student's teacher(s) informed of student's chronic
health condition.
_________________ 6. If applicable, School counselor informed of student's
chronic health condition.
_________________ 7. Physical education activities/requirements adapted
according to medical certification.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-1983
© 2012 Arizona School Boards Association
EXHIBIT
JHD-EC
EXHIBIT
_________________ 8. Certificated teacher to provide homework and contact
Signature
with ____________________________________________
during absences for the school year as follows:
__________________________________________________
__________________________________________________
__________________________________________________
_________________ 9.
Signature
Parent/guardian agrees to return completed homework to the school for absences during the school
year as follows:
__________________________________________________
__________________________________________________
__________________________________________________
Approved:
__________________________________________________
Executive Director's signature
Annual review of instructional agreement:
___ Number of excused
absences due to
chronic condition
Promotion requirements
met via completed homework for excused absences
Transcripts &
attendance record attached
For the _____________ school year,  should /  should not be registered as
having a chronic health condition.
__________________________________
Executive Director 's signature
_________________________________
Parent's signature
_________________________________
Date
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-2300
© 2012 Arizona School Boards Association
JIC
STUDENT CONDUCT
The Executive Director will establish rules for the conduct of students in
school, traveling to and from school, at school functions, or affecting the
school order. In establishing these rules, the Executive Director may consult
with student or staff committees. In addition to compliance with rules
established by the Executive Director, students are expected to obey all rules
adopted by the School Governing Body, and to obey any order given by a
member of the faculty or staff relating to school activities.
A student shall be defined as any person who is enrolled in an educational
program provided by or approved by the School and carried on in premises
owned or controlled by the School.
Students shall not engage in improper behavior, including but not limited to
the following:
Any conduct intended to obstruct, disrupt, or interfere with teaching,
research, service, administrative or disciplinary functions, or any
activity sponsored or approved by the Governing Body.
Threatening an educational institution by interference with or
disruption of the school per A.R.S. 13-2911 and 15-841.
Physical abuse of or threat of harm to any person on School owned or
controlled property or at School sponsored or supervised functions.
Damage or threat of damage to property of the School, regardless of the
location, or to property of a member of the community or a visitor to the
school, when such property is located on School controlled premises.
Forceful or unauthorized entry to or occupation of School facilities,
including both buildings and grounds.
Unlawful use, possession, distribution, or sale of tobacco, alcohol, or
drugs or other illegal contraband on School property or at schoolsponsored functions.
Conduct or speech that violates commonly accepted standards of the
School and that, under the circumstances, has no redeeming social
value.
Failure to comply with the lawful directions of School officials or any
other law enforcement officers acting in performance of their duties,
and failure to identify themselves to such officials or officers when
lawfully requested to do so.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-2300
© 2012 Arizona School Boards Association
JIC
Knowing violation of School rules and regulations. Proof that an
alleged violator has a reasonable opportunity to become aware of such
rules and regulations shall be sufficient proof that the violation was
done knowingly.
Any conduct constituting a breach of any federal, state, or city law or
duly adopted policy of the Governing Body.
Carrying or possessing a weapon on school grounds.
In addition to the general rules set forth above, students shall be expected to
obey all policies and rules focusing on student conduct adopted by the
Governing Body. Students shall not engage in any activities prohibited
herein, nor shall they refuse to obey any order given by a member of the
faculty or staff who is attempting to maintain public order.
Any student who violates these policies and rules may be subject to discipline
up to expulsion, in addition to other civil and criminal prosecution. These
punishments may be in addition to any customary discipline that the School
presently dispenses.
Local law enforcement shall be notified by the Executive Director regarding
any suspected crime against a person or property that is a serious offense,
involves a deadly weapon or dangerous instrument or that could pose a
threat of death or serious injury to employees, students or others on school
property.
The authority of the Executive Director to establish rules covering students
may be delegated to administrators for their individual schools.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-105
13-2911
15-341
15-507
15-841
15-842
15-843
CROSS REF.:
GBEB - Staff Conduct
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
KFA - Public Conduct on School Property
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-2400
© 2012 Arizona School Boards Association
JICB
CARE OF SCHOOL PROPERTY
BY STUDENTS
Each student is expected to take pride in the physical appearance of the
School. Teachers and students should be observant at all times to prevent
damage or destruction of School property. Any marking or marring of School
property should be reported to the office at once.
No student shall damage or deface any property belonging to the School. The
type of discipline that may be imposed for damage to School property by
students depends upon the circumstances. Students may be subject to
discipline for willful damage or destruction of School property.
If any minors engage in conduct that results in damage to School property,
the School may institute formal charges for the purpose of having the court
order the minors, or their parents, to make full or partial restitution to the
School in accordance with law.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 12-661
15-727
15-842
CROSS REF.:
JKD - Student Suspension
JKE - Expulsion of Students
JQ - Student Fees, Fines, and Charges
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-2750
© 2012 Arizona School Boards Association
JICE
STUDENT PUBLICATIONS
The School recognizes the value of, supports, and encourages official School
publications in teaching journalism, English, writing, and other skills. An
official School publication is that made up of materials produced by students
in a regularly scheduled class and intended for distribution to the student
body.
Students shall be required to submit publications to the Executive Director
for approval prior to distribution.
Adopted: date of Handbook adoption
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-2850
© 2012 Arizona School Boards Association
JICEC
FREEDOM OF EXPRESSION
Students possess inalienable rights to develop, believe, and follow personal
viewpoints and beliefs to the extent their viewpoints and beliefs do not
infringe upon nor denigrate the same rights of others.
The School shall not discriminate against students or parents on the basis of
a religious viewpoint or religious expression. If a student includes in an
assignment a viewpoint expression, an evaluation of the student's work shall
be based on ordinary standards of substance and relevance to the course
curriculum or requirements of the coursework or assignment, and shall not
penalize or reward the student on the basis of religious content or viewpoint.
Students are to be permitted to pray or engage in religious activities or
expression in the same manner and to the same extent as students are
permitted to engage in nonreligious activities or expression, before, during,
and after the school day.
To the extent and in the manner that other types of clothing, accessories, and
jewelry displaying messages or symbols are permitted, students are
permitted to wear clothing, accessories, and jewelry that display religious
messages or symbols.
Acknowledging and permitting the above freedoms is not to be interpreted to
mean the School is requiring any person to participate in prayer or other
religious activities nor attempting to violate the constitutional rights of any
person.
The School does retain its rights to:
Maintain order and discipline on School property in a content and
viewpoint neutral manner.
Protect the safety of students, employees, and visitors on School
property.
Adopt and enforce policies and regulations concerning student speech
while on School property in a manner that does not violate a student's
state and federal constitutional rights.
Adopt and enforce policies and regulations that ban student clothing,
accessories, and jewelry worn to convey affiliation with a criminal street
gang.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-2850
JICEC
© 2012 Arizona School Boards Association
A student or a student's parent is barred by statute from initiating legal
action to enforce the student rights set out in this policy unless the student or
the parent has:
Submitted to the School administrator a written complaint containing
specific facts of the alleged violation.
The administrator shall investigate the complaint and provide a
written response within fifteen (15) days of receiving the
complaint describing any action taken by the administrator to
resolve the complaint.
If the School administrator's actions do not resolve the complaint, the student
or the student's parent shall:
Submit written complaint containing specific facts of the alleged
violation to the Executive Director.
The Executive Director shall investigate the complaint and
provide a written response within twenty-five (25) days of
receiving the complaint describing any action taken by the
Executive Director to resolve the complaint.
If the action taken by the Executive Director does not resolve the complaint
the student or the student's parent may pursue legal action to enforce this
policy.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-105
15-110
15-720
15-841
15-843
15-844
20 U.S.C. 4071 et seq. Equal Access Act, (Section 801)
CROSS REF.:
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-2881
JICEC-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
FREEDOM OF EXPRESSION
COMPLAINT FORM
(To be filed with the School administrator)
Additional pages may be attached if more space is needed.
Please print:
Name ________________________________________ Date ___________________
Address
____________________________________________________________
Telephone __________ Another phone where you can be reached
During the hours of
E-mail address
__________
________________________________________________
______________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity __________________
________________________________________________________________________
________________________________________________________________________
Address
____________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, the background to the incident, and any attempts
you have made to solve the problem. Be sure to note relevant dates, times,
and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-2881
© 2012 Arizona School Boards Association
EXHIBIT
JICEC-E
EXHIBIT
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
_________________________________________
__________________________
_________________________________________
__________________________
Administrator receiving the initial complaint
Date initial complaint received
Signature of Complainant
Date Signed
The administrator shall give one (1) copy to the complainant and retain one
(1) copy for the file.
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-2950
© 2012 Arizona School Boards Association
JICFA
HAZING
There shall be no hazing, solicitation to engage in hazing, or aiding and
abetting another who is engaged in hazing of any person enrolled, accepted
for or promoted to enrollment, or intending to enroll or be promoted to a
School within twelve (12) calendar months. For purposes of this policy a
person as specified above shall be considered a "student" until graduation,
transfer, promotion or withdrawal from the School.
"Hazing" means any intentional, knowing or reckless act committed by a
student, whether individually or in concert with other persons, against
another student, and in which both of the following apply:
The act was committed in connection with an initiation into, an
affiliation with, or the maintenance of membership in any organization
that is affiliated with an education institution.
The act contributes to a substantial risk of potential physical injury,
mental harm or degradation, or causes physical injury, mental harm or
personal degradation.
"Organization" means an athletic team, association, order, society, corps,
cooperative, club, or similar group that is affiliated with an educational
institution and whose membership consists primarily of students enrolled at
that educational institution.
It is no defense to a violation of this policy if the victim consented or
acquiesced to hazing.
In accord with statute, violations of this policy do not include either of the
following:
Customary athletic events, contests or competitions that are sponsored
by an educational institution.
Any activity or conduct that furthers the goals of a legitimate
educational curriculum, a legitimate extracurricular program, or a
legitimate military training program.
All students, teachers and staff shall take reasonable measures within the
scope of their individual authority to prevent violations of this policy.
Students and others may report hazing to any professional staff member.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-2950
JICFA
© 2012 Arizona School Boards Association
Professional staff members must report the incident to the School
administrator or Executive Director, in writing, with such details as may
have been provided. A failure by a staff member to timely inform the School
administrator or Executive Director of a hazing allegation or their
observation of an incident of hazing may subject the staff member to
disciplinary action in accord with School policies. The staff member shall
preserve the confidentiality of those involved, disclosing the incident only to
the School administrator or Executive Director or as otherwise required by
law. Any instance of reported or observed hazing which includes possible
child abuse or violations of statutes known to the staff member shall be
treated in accord with statutory requirements and be reported to a law
enforcement agency.
To assure that students and staff are aware of its content and intent, a notice
of this policy and procedure shall be posted conspicuously in the School
building and shall be made a part of the rights and responsibilities section of
the student handbook. Forms for submitting complaints are to be available
to students and staff in the School office.
Disposition of all reports/complaints shall be reported to the Executive
Director. The Executive Director will determine if the policies of the School
have been appropriately implemented and will make such reports and/or
referrals to the Governing Body as may be necessary.
All violations of this policy shall be treated in accord with the appropriate
procedures and penalties provided for in School policies related to the conduct
and discipline of students, staff, and others.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-2301
CROSS REF.:
GBEB - Staff Conduct
JIC - Student Conduct
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
JKE - Student Expulsion
KFA - Public Conduct on School Property
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-2961
© 2012 Arizona School Boards Association
REGULATION
JICFA-R
REGULATION
HAZING
A person who reports or complains regarding hazing may report or complain
directly to the School administrator or to a professional staff member. The
professional staff member receiving the report/complaint shall retrieve
sufficient detail from the person to complete the form designated for such
purpose. At a minimum the report/complaint shall be put in writing
containing the identifying information on the complainant and such
specificity of names, places and times as to permit an investigation to be
carried out. When a professional staff member receives the information, the
staff member will transmit a report to the School administrator or Executive
Director not later than the next school day following the day the staff
member receives the report/complaint.
The report/complaint will be investigated by the School administrator or
Executive Director. The procedures to be followed are:
An investigation of the reported incident or activity shall be made
within ten (10) school days when School is in session or within fifteen
(15) days during which the School office is open for business when
School is not in session. Extension of the time line may only be by
necessity as determined by the Executive Director.
The investigator shall meet with the person who reported/complained
at or before the end of the time period and shall discuss the conclusions
and actions to be taken as a result of the investigation. Confidentiality
of records and student information shall be observed in the process of
making such a report.
The investigator shall prepare a written report of the findings and a
copy of the report shall be provided to the Executive Director.
Where disciplinary action is necessary, School policies shall be followed.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-2981
© 2012 Arizona School Boards Association
JICFA-EA
EXHIBIT
EXHIBIT
HAZING
(File with the School administrator, the Executive
Director, or a professional staff member)
Additional pages may be attached if more space is needed.
Please print:
Name
Address
______________________________________
Date __________________
____________________________________________________________
Telephone ______________________________ During the hours of ____________
Another phone where you can be reached _________________________________
E-mail address
______________________________________________________
Report/Complaint:
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, and the background to the incident. Be sure to
note relevant dates, times, and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-2981
© 2012 Arizona School Boards Association
EXHIBIT
JICFA-EA
EXHIBIT
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
_____________________________________________
________________________
_____________________________________________
________________________
Student
Administrator or professional staff member receiving initial complaint
Date
Date initial complaint received
The investigating administrator shall give one (1) copy to the complainant
and retain one (1) copy for the file.
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-2982
© 2012 Arizona School Boards Association
EXHIBIT
JICFA-EB
EXHIBIT
HAZING
(To be displayed in the School and
placed in student handbooks)
There shall be no hazing, solicitation to engage in hazing, or aiding and abetting another who is engaged in hazing
of any person enrolled, accepted for or promoted to enrollment, or intending to enroll or be promoted to the School
within twelve (12) calendar months. For purposes of this policy a person as specified above shall be considered a
"student" until graduation, transfer, promotion or withdrawal from the School.
Definitions
"Hazing" means any intentional, knowing or reckless act committed by a student, whether individually or in concert
with other persons, against another student and in which both of the following apply:
The act was committed in connection with an initiation into, an affiliation with or the maintenance of
membership in any organization that is affiliated with an educational institution.
The act contributes to a substantial risk of potential physical injury, mental harm or degradation, or causes
physical injury, mental harm or personal degradation.
"Organization" means an athletic team, association, order, society, corps, cooperative, club, or similar group that is
affiliated with an educational institution and whose membership consists primarily of students enrolled at that
educational institution.
Directions
It is no defense to a violation of this policy if the victim consented or acquiesced to hazing.
In accord with statute, violations of this policy do not include either of the following:
Customary athletic events, contests or competitions that are sponsored by an educational institution.
Any activity or conduct that furthers the goals of a legitimate educational curriculum, a legitimate
extracurricular program or a legitimate military training program.
All students, teachers and staff shall take reasonable measures within the scope of their individual authority to
prevent violations of this policy.
Reporting/Complaint Procedure
Students and others may report hazing to any professional staff member. Professional staff members must report
the incident to the School administrator or Executive Director, in writing, with such details as may have been
provided. A failure by a staff member to timely inform the School administrator or Executive Director of a hazing
allegation or their observation of an incident of hazing may subject the staff member to disciplinary action in accord
with School policies. The staff member shall preserve the confidentiality of those involved, disclosing the incident
only to the School administrator or Executive Director or as otherwise required by law. Any instance of reported or
observed hazing which includes possible child abuse or violations of statutes known to the staff member shall be
treated in accord with statutory requirements and be reported to a law enforcement agency.
A person who complains or reports regarding hazing may complain or report directly to the School administrator or
to a professional staff member. The professional staff member receiving the report/complaint shall retrieve
sufficient detail from the person to complete the form designated for such purpose. At a minimum the
report/complaint shall be put in writing containing the identifying information on the complainant and such
specificity of names, places and times as to permit an investigation to be carried out. When a professional staff
member receives the information, the staff member will transmit a report to the School administrator or Executive
Director not later than the next school day following the day the staff member receives the report/complaint.
The report/complaint will be investigated by the School administrator or Executive Director. The procedures to be
followed are:
An investigation of the reported incident or activity shall be made within ten (10) school days when School
is in session or within fifteen (15) days during which the School office is open for business when School is
not in session. Extension of the time line may only be by necessity as determined by the Executive Director.
The investigator shall meet with the person who reported the incident at or before the end of the time
period and shall discuss the conclusions and actions to be taken as a result of the investigation.
Confidentiality of records and student information shall be observed in the process of making such a report.
The investigator shall prepare a written report of the findings and a copy of the report shall be provided to
the Executive Director.
All violations of this policy shall be treated in accord with the appropriate procedures and penalties provided for in
School policies related to the conduct and discipline of students, staff, and others.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-3000
© 2012 Arizona School Boards Association
JICG
TOBACCO USE BY STUDENTS
The possession or use of tobacco products is prohibited in the following
locations:
School grounds.
School buildings.
School parking lots.
School playing fields.
School buses and other School vehicles.
Off-campus school-sponsored events.
The Executive Director may establish procedures necessary to implement
this policy. Disciplinary penalties for the possession or use of tobacco or
similar products may include, but are not limited to, suspension of the
student from school or a recommendation for expulsion when there is
evidence of repeated and continuous violation of this policy.
Under the provisions of A.R.S. 36-798.03, a person who violates the
prohibition is guilty of committing a petty offense.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-3622
36-601.01
36-798.03
20 U.S.C. 6083
CROSS REF.:
GBED - Smoking by Staff Members
KFAA - Smoking on School Premises at Public Functions
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-3050
JICH
© 2012 Arizona School Boards Association
DRUG AND ALCOHOL
USE BY STUDENTS
The nonmedical use, possession, or sale of drugs on School property or at
School events is prohibited. Nonmedical is defined as "a purpose other than
the prevention, treatment, or cure of an illness or disabling condition"
consistent with accepted practices of the medical profession.
Students in violation of the provisions of the above paragraph shall be subject
to removal from school property and shall be subject to prosecution in
accordance with the provisions of the law.
Students attending School who are in violation of the provisions of this policy
shall be subject to disciplinary actions in accordance with the provisions of
school rules and/or regulations.
For purposes of this policy, "drugs" shall include, but not be limited to:
All dangerous controlled substances prohibited by law.
All alcoholic beverages.
Any prescription or over-the-counter drug, except those for which
permission to use in school has been granted pursuant to Governing
Body policy.
Hallucinogenic substances.
Inhalants.
Any student who violates the above may be subject to warning, reprimand,
probation, suspension, or expulsion, in addition to other civil and criminal
prosecution.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 4-241
4-244
13-3405
13-3406
15-345
20 U.S.C. 7101 et seq., Safe and Drug-Free Schools and
Communities Act
CROSS REF.:
JLC - Student Health Services and Requirements
JLCD - Administering Medicines to Students
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-3061
© 2012 Arizona School Boards Association
REGULATION
JICH-R
REGULATION
DRUG AND ALCOHOL
USE BY STUDENTS
Drug Abuse Prevention
The following administrative procedures are to be used to implement the
Governing Body policy on drug abuse prevention:
It shall be the responsibility of all School employees to report to the
administrator or Executive Director all suspected instances of the use,
possession, or sale of drugs.
Distribution or sale of drugs:
When it is reasonably certain that a student is involved in the
distribution or sale of drugs, law enforcement authorities and
parent(s) or legal guardian(s) shall be contacted.
A student who has been determined to be involved in the
distribution of drugs shall be reported to the law enforcement
authorities and shall be subject to suspension or expulsion.
Possession of drugs:
Law enforcement authorities shall be contacted when the
administrator determines that drugs to be used for nonmedical
purposes are found in the possession of a student.
The
administrator may also contact law enforcement authorities to
help make such a determination. Students who are in possession
of drugs to be used for nonmedical purposes may be suspended or
expelled.
A student who has been suspended for a drug-related offense for a
second time will be referred to the Executive Director for further
action (A.R.S. 15-843).
Under the influence of drugs:
A student who is reasonably suspected of being under the
influence of drugs shall be referred to the School office.
The parent(s) or legal guardian(s) of a student who is determined
to be under the influence of drugs shall be contacted. The student
may be suspended or expelled.
A student who has been involved in a drug-related offense for a
second time will be referred to the Executive Director for further
action (A.R.S. 15-843).
PARADISE SCHOOLS
2/7/13
Page 1 of 4
JC-3061
© 2012 Arizona School Boards Association
REGULATION
JICH-R
REGULATION
Student who seeks help:
The School does not condone the nonmedical use of drugs. The
need for the availability of help to those who use/abuse drugs is
recognized. It is the position of the School that communications
between students and professional staff members will be held in
trust unless it becomes evident that withholding information may
result in harm or injury to the student or others. Staff members
shall refer students who seek help to the School nurse.
Involvement with medical drugs (medication):
A student who needs access to medical drugs in school shall leave
them, in the original container, with the School nurse.
Permission and written directions from a physician concerning
their use shall be left with the school nurse.
Students who are in possession of medically approved drugs, but
have not followed the directions described above, shall be
disciplined in accordance with School disciplinary policies.
Students who distribute such drugs to others will be considered as
distributing drugs for nonmedical purposes.
Parental involvement:
When the School administrator questions a student who is
reasonably suspected of having violated the School drug policy,
reasonable efforts shall be made to notify the student's parents or
legal guardian that such questioning has taken place.
Reasonable efforts shall be made to notify the parents or legal
guardian of a student who has been determined to have violated
the School drug policy.
Medical services:
A student who is reasonably suspected of being under the
influence of drugs while School is in session shall be referred to
the School nurse. Such cases shall be treated like any other
medical problem.
When there is reasonable suspicion that any student is under the
influence of drugs while at a School activity and health services
are unavailable, it shall be the responsibility of the supervisor on
duty to call for appropriate assistance.
PARADISE SCHOOLS
2/7/13
Page 2 of 4
JC-3061
JICH-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
Return to School:
When a student has returned from a suspension for using drugs
for nonmedical purposes, reasonable efforts should be made by
School personnel and parent(s) or legal guardian(s) to prevent the
problem from recurring. The process could include, but not
necessarily be limited to, the following:
Utilization of community-based programs.
In-school group or individual counseling.
An effort by the professional staff to help the student
emphasize the positive alternative to drug-use behavior.
Student neglect, child abuse, or child maltreatment:
A staff member who believes that a parent or other adult is
contributing to drug-using behavior of a student shall confer with
the administrator.
Such a conference does not change the duty of the staff member to
ensure that the case is referred to the appropriate child protective
services for further investigation.
Drug education:
Substance abuse prevention shall be combined with health,
science, citizenship, or a similar program.
In addition to the established curriculum, the principal shall
direct the use of other educational information, including, but not
necessarily limited to, assemblies, speakers, printed materials,
class discussions, and bulletin board materials.
Student counseling.
Counseling should emphasize drug abuse prevention as well as
treatment, and an effort should be made to make it available to all
students who desire this service.
Counseling may be done individually or in groups.
When a student seeks out an employee other than a counselor to
discuss a drug problem, the particular staff member shall advise
the counselor.
PARADISE SCHOOLS
2/7/13
Page 3 of 4
JC-3061
JICH-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
Staff education:
Within the first thirty (30) days of each school year, the Executive
Director shall arrange a meeting that will include information on
drug abuse prevention. The program will be conducted by
personnel trained in drug abuse prevention and will include, but
not necessarily be limited to, School policies and procedures,
identification of commonly used drugs, and an approach that
recognizes the dignity and worth of each student.
Parent and community education:
At least once annually, the School shall sponsor a program for the
community on its drug abuse prevention programs. In addition to
presentations by School staff members, the program may include
representatives of law enforcement agencies and medical
professions.
Additionally, the School
effectiveness training.
may
offer
programs
in
parent
News releases and other forms of communications may be used to
educate parents and the community, using regular School
channels for such purposes.
Such communications will be
approved by the Executive Director.
Confidentiality
In order to preserve the rights of those in a counseling relationship, the
counselor will inform the individual that information within the school
setting cannot always be kept confidential. In some cases it will be referred
to the appropriate individual or agency. Such cases may include those that
endanger the welfare of the student or others.
The student shall be advised that School records include data concerning
School achievement, test results, and attendance. School records are
protected by federal and state statutes and do not include information
concerning drug involvement.
PARADISE SCHOOLS
2/7/13
Page 4 of 4
JC-3081
© 2012 Arizona School Boards Association
EXHIBIT
JICH-E
EXHIBIT
DRUG AND ALCOHOL
USE BY STUDENTS
In order to comply with federal funding requirements, the School shall:
Gather information relative to local community drug and alcohol
counseling, rehabilitation, and reentry programs that are available to
students and make such information available to parents and students.
Annually distribute a copy of standards of conduct and the statement of
disciplinary sanctions that apply to alcohol and drug violations. A copy
of all rules pertaining to discipline, suspension, and expulsion shall be
distributed to students, parents, and transfer students at the time of
initial enrollment and annually at the beginning of School.
Indicate in a statement (which could accompany the copy of conduct
standard and sanctions) that the use of illicit drugs and the unlawful
possession and use of alcohol are wrong and harmful.
The School should perform a biennial review of the programs to:
Ensure that disciplinary sanctions for students are consistently
enforced.
Determine program effectiveness and implement change to the program
if needed.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-3100
© 2012 Arizona School Boards Association
JICI
WEAPONS IN SCHOOL
No student shall carry or possess a weapon or simulated weapon on School
premises without authorization by a School administrator. The Executive
Director shall prescribe regulations for student possession of bows or
firearms on School property for the purpose of the student's participation in a
course of training in bows or firearms approved by the Governing Body and
as authorized by Arizona Revised Statutes (A.R.S.) 5-713, 15-714, and 15714.01. No student shall use or threaten to use a weapon or simulated
weapon to disrupt any activity of the School.
Any employee who observes any person in possession of a weapon or
simulated weapon on school premises shall immediately report the matter to
the School administrator. A School administrator who observes or receives a
report of a student possessing a weapon on School premises shall
immediately take appropriate safety and disciplinary actions in accordance
with School policies and shall immediately report a violation of this policy to
a peace officer, pursuant to A.R.S. 15-515, if the weapon is a deadly weapon
or the student is a minor in possession of a firearm.
A student who violates this policy by carrying or possessing a firearm shall be
placed in an alternative education program for a period of not less than one
(1) year, suspended for a period of not less than one (1) year, or expelled and
not be readmitted within a one (1)-year period, if ever. The Governing Body,
in its sole discretion, may modify the one (1)-year duration of such
disciplinary action on a case-by-case basis.
A student who violates this policy by any means other than carrying or
possessing a firearm shall be subject to disciplinary action, including but not
limited to expulsion. Disciplinary action against a student with one (1) or
more disabilities shall be applied on a case-by-case basis in accordance with
School policies and state and federal special education laws.
For the purposes of this policy:
Weapon means any of the following:
A firearm.
A knife, other than a folding pocket knife with a blade length of
not more than two and one-half (2 1/2) inches that cannot be
locked in an open position.
A destructive device.
A dangerous instrument.
PARADISE SCHOOLS
2/7/13
Page 1 of 3
JC-3100
© 2012 Arizona School Boards Association
JICI
Simulated weapon means an instrument displayed or represented as a
weapon.
Firearm means any of the following:
Any loaded or unloaded gun that will, that is designed to, or that
may readily be converted to expel a projectile by the action of an
explosive.
The frame or receiver of any such firearm.
Any firearm muffler or silencer.
Any explosive, incendiary, poison gas, bomb, grenade, rocket
having a propellant charge of more than four (4) ounces, missile
having an explosive charge of more than one-fourth (1/4) ounce,
mine, or similar device.
Any combination of parts that could be readily assembled to form
a firearm.
Destructive device means:
Any device other than a firearm that will, or is designed to, or
may be readily converted to expel a projectile by any means of
propulsion, such as a BB/pellet gun, slingshot, bow, or crossbow.
Any collection of parts that could be readily assembled to form a
destructive device.
Dangerous instrument means anything other than a firearm, knife, or
destructive device that is carried or possessed by a student for the
purpose of being used or being available for use to cause death or inflict
serious physical injury.
School premises means the School, School grounds, School buses, or any
premises, grounds, or vehicles used for School purposes and includes
premises where School-sponsored events (for example, athletic games
and competitions, music competitions, et cetera) are held away from
School property.
Deadly weapon means any weapon designed for lethal use, including a
firearm.
Adopted: date of Handbook adoption
PARADISE SCHOOLS
2/7/13
Page 2 of 3
JC-3100
© 2012 Arizona School Boards Association
JICI
LEGAL REF.: A.R.S. 13-2911
15-714.01
13-3102
15-515
15-841
13-3111
15-713
15-843
15-714
20 U.S.C. 7151 et seq., The Gun-Free School Act of 1990
CROSS REF.:
JI - Student Rights and Responsibilities
JIC - Student Conduct
JIH - Interrogations, Searches, and Arrests
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
PARADISE SCHOOLS
2/7/13
Page 3 of 3
JC-3200
© 2012 Arizona School Boards Association
JICK
STUDENT VIOLENCE / HARASSMENT /
INTIMIDATION / BULLYING
The Governing Body believes that to be educated in a positive, safe, caring,
and respectful learning environment is the right of every student. The
Governing Body further believes that a school environment that is inclusive
of these traits maximizes student achievement, fosters a student's personal
growth, and helps a student build a sense of community that promotes
positive participation as a citizen of society.
The School, in partnership with parents, guardians, and students, will
establish and maintain a school environment based on these beliefs. The
School shall identify and implement age-appropriate programs designed to
instill in students the values of positive interpersonal relationships, mutual
respect, and appropriate conflict resolution.
To assist in achieving a school environment based on the beliefs of the
Governing Body, bullying, harassment or intimidation as defined by this
policy will not be tolerated.
Definitions
Bullying: Bullying may occur when a student or group of students engages in
any form of behavior that includes such acts as intimidation and/or
harassment that
has the effect of physically harming a student, damaging a student's
property, or placing a student in reasonable fear of harm or damage to
property,
is sufficiently severe, persistent or pervasive that the action, behavior,
or threat creates an intimidating, threatening, or abusive environment
in the form of physical or emotional harm,
occurs when there is a real or perceived imbalance of power or strength,
or
may constitute a violation of law.
Bullying of a student or group of students can be manifested through written,
verbal, physical, or emotional means and may occur in a variety of forms
including, but not limited to
verbal, written/printed or graphic exposure to derogatory comments,
extortion, exploitation, name calling, or rumor spreading either directly
through another person or group or through cyberbullying,
PARADISE SCHOOLS
2/7/13
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JC-3200
© 2012 Arizona School Boards Association
JICK
exposure to social exclusion or ostracism,
physical contact including but not limited to pushing, hitting, kicking,
shoving, or spitting, and
damage to or theft of personal property.
Cyberbullying: Cyberbullying is, but not limited to, any act of bullying
committed by use of electronic technology or electronic communication
devices, including telephonic devices, social networking and other Internet
communications, on school computers, networks, forums and mailing lists, or
other School-owned property, and by means of an individual's personal
electronic media and equipment.
Harassment: Harassment is intentional behavior by a student or group of
students that is disturbing or threatening to another student or group of
students. Intentional behaviors that characterize harassment include, but
are not limited to, stalking, hazing, social exclusion, name calling, unwanted
physical contact and unwelcome verbal or written comments, photographs
and graphics. Harassment may be related, but not limited to, race, religious
orientation, sexual orientation, cultural background, economic status, size or
personal appearance. Harassing behaviors can be direct or indirect and by
use of social media.
Intimidation: Intimidation is intentional behavior by a student or group of
students that places another student or group of students in fear of harm of
person or property.
Intimidation can be manifested emotionally or
physically, either directly or indirectly, and by use of social media.
Prohibitions and Discipline
Students are prohibited from bullying on school grounds, school property,
school buses, at school bus stops, at School sponsored events and activities,
and through the use of electronic technology or electronic communication
equipment on school computers, networks, forums, or mailing lists.
Disciplinary action may result for bullying which occurs outside of the school
and the school day when such bullying results in a substantial physical,
mental, or emotional negative effect on the victim while on school grounds,
school property, school buses, at school bus stops, or at School sponsored
events and activities, or when such act(s) interfere with the authority of the
school system to maintain order. All suspected violations of law will be
reported to local law enforcement.
PARADISE SCHOOLS
2/7/13
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JC-3200
© 2012 Arizona School Boards Association
JICK
Reporting Incidents
of Bullying
A student who is experiencing bullying, or believes another student is
experiencing bullying, is to report the situation to the principal or another
school employee. A school employee who becomes aware of or suspects a
student is being bullied shall immediately notify the School administrator.
School personnel shall maintain confidentiality of the reported information.
The initial notification of an alleged incident may be provided verbally. A
detailed written description of the incident and any other relevant
information must be provided on form(s) made available by the school and
submitted to the principal within one (1) school day of the verbal report.
Should the principal be the employee who observes, is informed of, or
suspects a student is experiencing bullying the principal shall document the
incident or concern in writing. Failure by an employee to report a suspected
case of bullying may result in disciplinary action up to suspension without
pay or dismissal pursuant to Board Policies GCQF.
Reprisal by any student or staff member directed toward a student or
employee related to the reporting of a case of bullying or a suspected case of
bullying shall not be tolerated, and the individual(s) will be subject to the
disciplines set out in applicable School policies and administrative
regulations.
At the time a student reports alleged bullying the principal shall provide to
the student who has allegedly been bullied a written copy of student rights,
protections and support services available to the student and shall notify the
student's parent(s) of the report.
The principal shall investigate all reports of bullying. If the principal
determines that bullying has occurred, discipline will be administered
pursuant to Board Policies JK, JKD, and JKE. Regardless of the outcome of
the investigation the principal will meet with the involved students to review
the findings of the investigation. Subject to the restrictions of the Family
Educational Rights and Privacy Act (FERPA) set out in Policy JR, the
parent(s) or guardian(s) of the involved students shall also be informed of the
findings of the investigation.
Documentation related to reported bullying and subsequent investigation
shall be maintained by the School for not less than six (6) years. In the event
the School reports incidents to persons other than school officials or law
enforcement all individually identifiable information shall be redacted.
Restrictions established by FERPA on disclosure of personally identifiable
student information must be observed at all times.
PARADISE SCHOOLS
2/7/13
Page 3 of 5
JC-3200
© 2012 Arizona School Boards Association
JICK
The Executive Director shall establish procedures for the dissemination of
information to students, parents and guardians. The information will
include, but not be limited to, Governing Body policies, incident reporting,
support services (proactive and reactive) and student's rights.
The
dissemination of this information shall
occur during the first (1st) week of each school year,
be provided to each incoming student during the school year at the time
of the student's registration,
be posted in each classroom and in common areas of the school, and
be summarized in the student handbook and on the School website, and
the Executive Director shall establish procedures for the dissemination of
information to School employees including, but not limited to
Governing Body policy,
preventive measures,
incident reporting procedures,
available support services for students (both proactive and reactive),
and
student rights.
Information will be provided to staff members at the beginning of each
instructional year and on the first day of employment for new employees.
The Executive Director shall establish procedures designed to protect the
health and safety of students who are physically harmed as the result of
bullying. These will include, when appropriate, procedures for contacting
emergency medical services, law enforcement agencies, or both.
Knowingly submitting a false report under this policy shall subject the
student to discipline up to and including suspension or expulsion. Where
disciplinary action is necessary pursuant to any part of this policy, relevant
School policies shall be followed.
Law enforcement authorities shall be notified any time School officials have a
reasonable belief that an incidence of bullying is a violation of the law.
Adopted: date of Handbook adoption
PARADISE SCHOOLS
2/7/13
Page 4 of 5
JC-3200
JICK
© 2012 Arizona School Boards Association
LEGAL REF.: A.R.S. 13-1202
13-1203
13-1204
13-2321
13-2916
13-2921
13-3506.01
15-341
A.A.C. R7-2-1308
CROSS REF.:
JII - Student Concerns, Complaints and Grievances
JIC - Student Conduct
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
JR - Student Records
PARADISE SCHOOLS
2/7/13
Page 5 of 5
JC-3211
JICK-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
STUDENT VIOLENCE / HARASSMENT /
INTIMIDATION / BULLYING
The School does not tolerate bullying in any form. Further, the School will
investigate each complaint of bullying and will take appropriate, timely, and
responsive action.
Bullying: Bullying may occur when a student or group of students engages in
any form of behavior that includes such acts as intimidation and/or
harassment that
has the effect of physically harming a student, damaging a student's
property, or placing a student in reasonable fear of harm or damage to
property,
is sufficiently severe, persistent or pervasive that the action, behavior,
or threat creates an intimidating, threatening, or abusive environment
in the form of physical or emotional harm,
occurs when there is a real or perceived imbalance of power or strength,
or
may constitute a violation of law.
Any student who feels he or she has been the victim of bullying or suspects
other students of being bullied should file a complaint with the principal or
the principal's designee or other school employee. The student's report may
be provided verbally or in writing. A student's verbal report will be
documented in writing by the employee receiving the report.
Any staff member who becomes aware of or suspects that a student is
experiencing bullying shall immediately notify a School administrator.
Employees may initially advise the School administrator verbally but shall
submit a written report within one (1) school day of the verbal report.
Reprisal directed toward a student or employee for the reporting of a case of
bullying or a suspected case of bullying will not be tolerated. Students
involved directly or indirectly in reprisal will be disciplined up to and
including expulsion pursuant to Policies JK, JKD, and JKE. Any suspected
violation of the law will be reported to law enforcement authorities.
Submitted complaints shall be investigated by the School administrator as
soon as possible but always within two (2) school days of the initial report.
PARADISE SCHOOLS
2/7/13
Page 1 of 3
JC-3211
JICK-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
Each investigation will be comprehensive to the extent determined
appropriate by the School administrator. In investigating the complaint, the
principal or the principal's designee will maintain confidentiality to the
extent reasonably possible, subject to the restrictions pertaining to disclosure
of personally identifiable student information established in the Family
Educational Rights and Privacy Act (FERPA).
Each investigation will be documented by the principal or the principal's
designee. Documentation will be maintained by the School for at least six (6)
years. In the event the School must report incidents to persons other than
school officials or law enforcement, all individually identifiable information
shall be redacted. Should the School administrator determine that bullying
has occurred discipline will be administered pursuant to Policies JK, JKD,
and JKE. Regardless of the outcome of the investigation the School
administrator will meet with the student who reported or was reported as
being bullied to review the findings of the investigation. Additionally the
parent or guardian of the student will be informed of the findings of the
investigation.
The Executive Director is responsible for determining the methods of
information delivery to employees and students. The Executive Director
shall provide to the school principals, supervisors and all other School
employees the information necessary to comply with Governing Body Policy
JICK. The information related to bullying is to include but not be limited to
preventive measures, incident reporting, related support services available
(proactive and reactive), student rights, employee responsibilities, and the
ramifications of not reporting a bullying incident or suspicion of bullying.
The information shall be disseminated to School personnel at the beginning
of each year and as the Executive Director otherwise determines to be
appropriate.
The principal or the principal's designee is responsible to ensure information
related to bullying is disseminated to students, and parents and guardians.
The information shall include but not be limited to Governing Body policy,
incident reporting, support services (proactive and reactive) and student's
rights. The dissemination of this information will
occur during the first (1st) week of each school year,
be posted in each classroom and in common areas of the School,
be summarized in the student handbook and on the School website, and
be provided to each incoming student during the school year at the time
of registration.
PARADISE SCHOOLS
2/7/13
Page 2 of 3
JC-3211
© 2012 Arizona School Boards Association
REGULATION
JICK-R
REGULATION
The principal or the principal's designee is also responsible to ensure
information is disseminated to all students who report bullying, including, at
the time the incident is reported, a written copy of student rights, protections
and support services available to the student; a copy of the report shall also
be given to the student's parent(s)/guardian(s).
The principal or the principal's designee is responsible for the maintenance of
documentation related to bullying.
PARADISE SCHOOLS
2/7/13
Page 3 of 3
JC-3231
© 2012 Arizona School Boards Association
EXHIBIT
JICK-EA
EXHIBIT
STUDENT VIOLENCE / HARASSMENT /
INTIMIDATION / BULLYING
COMPLAINT FORM
(To be filed with any staff member who will
forward this document to the School administrator)
Please print:
Name ________________________________________ Date ___________________
Address
____________________________________________________________
Telephone __________ Another phone where you can be reached
During the hours of
E-mail address
__________
________________________________________________
______________________________________________________
I wish to complain against:
Name of person(s) ______________________________________________________
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, the background to the incident, and any attempts
you have made to solve the problem. Be sure to include all relevant dates,
times, and places. Additional pages may be attached if necessary.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-3231
© 2012 Arizona School Boards Association
EXHIBIT
JICK-EA
EXHIBIT
If there is anyone who could provide more information regarding this
complaint, please list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution:
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify this information is correct to the best of my knowledge.
Signature of Complainant _____________________________ Date ___________
Document received by _________________________________ Date ___________
Investigating official __________________________________ Date ___________
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-3232
© 2012 Arizona School Boards Association
EXHIBIT
JICK-EB
EXHIBIT
STUDENT VIOLENCE / HARASSMENT /
INTIMIDATION / BULLYING
(To be displayed in School buildings
and in student handbooks)
The Governing Body of the Paradise Schools believes it is the right of every
student to be educated in a positive, safe, caring, and respectful learning
environment. The Governing Body further believes a school environment
that is inclusive of these traits maximizes student achievement, fosters
student personal growth, and helps a student build a sense of community
that promotes positive participation as citizens in society.
To assist in achieving a school environment based on the beliefs of the
Governing Body, bullying in any form will not be tolerated.
Bullying: Bullying may occur when a student or group of students engages in
any form of behavior that includes such acts as intimidation and/or
harassment that
has the effect of physically harming a student, damaging a student's
property, or placing a student in reasonable fear of harm or damage to
property,
is sufficiently severe, persistent or pervasive that the action, behavior,
or threat creates an intimidating, threatening, or abusive environment
in the form of physical or emotional harm,
occurs when there is a real or perceived imbalance of power or strength,
or
may constitute a violation of law.
Bullying of a student or group of students can be manifested through written,
verbal, physical, or emotional means and may occur in a variety of forms
including, but not limited to
verbal, written/printed or graphic exposure to derogatory comments,
extortion, exploitation, name calling, or rumor spreading either directly
though another person or group or through cyberbullying,
exposure to social exclusion or ostracism,
physical contact including but not limited to pushing, hitting, kicking,
shoving, or spitting, and
damage to or theft of personal property.
PARADISE SCHOOLS
2/7/13
Page 1 of 3
JC-3232
© 2012 Arizona School Boards Association
EXHIBIT
JICK-EB
EXHIBIT
Cyberbullying: Cyberbullying is, but not limited to, any act of bullying
committed by use of electronic technology or electronic communication
devices, including telephonic devices, social networking and other Internet
communications, on school computers, networks, forums and mailing lists, or
other School-owned property, and by means of an individual's personal
electronic media and equipment.
Harassment: Harassment is intentional behavior by a student or group of
students that is disturbing or threatening to another student or group of
students. Intentional behaviors that characterize harassment include, but
are not limited to, stalking, hazing, social exclusion, name calling, unwanted
physical contact and unwelcome verbal or written comments, photographs
and graphics. Harassment may be related, but not limited to, race, religious
orientation, sexual orientation, cultural background, economic status, size or
personal appearance. Harassing behaviors can be direct or indirect and by
use of social media.
Intimidation: Intimidation is intentional behavior by a student or group of
students that places another student or group of students in fear of harm of
person or property.
Intimidation can be manifested emotionally or
physically, either directly or indirectly, and by use of social media.
Students are prohibited from bullying on School grounds, School property,
School buses, at School bus stops, at School-sponsored events and activities,
and through the use of electronic technology or electronic communication
equipment on School computers, networks, forums, or mailing lists.
Disciplinary action may result for bullying which occurs outside of the School
and the school day when such acts result in a substantial physical, mental, or
emotional negative effect on the victim, while on School grounds, School
property, School buses, at School bus stops, or at School-sponsored events
and activities, or when such act(s) interfere with the authority of the School
system to maintain order. All suspected violations of law will be reported to
local law enforcement.
Students who believe they are experiencing being bullied or suspect another
student is bullied should report their concern to any staff member of the
School. School personnel are to maintain appropriate confidentiality of the
reported information.
Reprisal by any student directed toward a student or employee related to the
reporting of a case or a suspected case of bullying shall not be tolerated, and
the individual(s) will be subject to the disciplines set out in applicable School
policies and administrative regulations.
PARADISE SCHOOLS
2/7/13
Page 2 of 3
JC-3232
© 2012 Arizona School Boards Association
EXHIBIT
JICK-EB
EXHIBIT
Students found to be bullying others will be disciplined up to and including
suspension or expulsion from School.
Knowingly submitting a false report under Policy JICK or this exhibit shall
subject the student to discipline up to and including suspension or expulsion.
Where disciplinary action is necessary pursuant to any part of this policy,
relevant School policies shall be followed.
Law enforcement authorities shall be notified any time School officials have a
reasonable belief that an incidence of bullying is a violation of the law.
PARADISE SCHOOLS
2/7/13
Page 3 of 3
JC-3250
© 2012 Arizona School Boards Association
JICL
DATING ABUSE
The Governing Body is committed to maintaining a School campus
environment that is safe and secure for all students. Dating abuse will not be
tolerated by the School. Students who become targets of dating abuse are
entitled to certain rights that shall be respected and protected by all school
employees. It is the responsibility of all School employees to respond to any
incident of dating abuse they become aware of in a manner consistent with
School training.
The Executive Director shall provide for procedures to ensure appropriate
steps are taken to establish and maintain safe and secure schools. These
shall include but not be limited to:
an ongoing effort to enhance employee training and campus safety
planning,
establishing reporting procedures, and
making accommodations for victims.
The Executive Director shall establish an age-appropriate dating abuse
curriculum for students in grades seven (7) through twelve (12). That
curriculum shall include the following components:
A definition of dating abuse.
The recognition of dating abuse warning signs.
The characteristics of healthy relationships.
Dating Abuse Definition
Dating abuse is a pattern of behavior in which one person uses or threatens
to use physical, sexual, verbal, or emotional abuse to control the person's
former or present dating partner. Behaviors used may include but are not
limited to:
Physical Abuse: Any intentional, unwanted physical contact by either
the abuser or an object within the abuser's control, regardless of
whether such contact caused pain or injuries to the former or present
dating partner.
PARADISE SCHOOLS
2/7/13
Page 1 of 3
JC-3250
© 2012 Arizona School Boards Association
JICL
Emotional Abuse: The intentional infliction of mental or emotional
distress by threat, coercion, stalking, humiliation, destruction of self
esteem, or other unwanted, hurtful verbal or nonverbal conduct toward
the former or present dating partner.
Sexual Abuse: Any sexual behavior or physical contact toward the
former or present dating partner that is unwanted and/or interferes
with the ability of the former or present dating partner to consent or
control the circumstances of sexual interaction.
Threats: The threat of any of the aforementioned forms of abuse, threat
of disclosing private information to parents, peers, or teachers, or any
other threat made with the intent of forcing the former or present
dating partner to change his or her behavior.
Student Rights Relating to
Dating Abuse:
All students have the right to be free from sex discrimination and
sexual harassment at school. Dating abuse is a form of sexual
harassment.
A student who reports dating abuse shall be treated with respect and
dignity.
School personnel shall take affirmative steps to prevent and respond to
dating abuse that occurs both on and off campus.
To the extent possible victims and abusers shall be separated on
campus. The School shall make every reasonable effort possible to
ensure the victim does not come into contact with the abuser. Any
burden of change of adjusting an individual's schedule or participation
in a school activity is placed on the abuser.
A victim of dating abuse has the right to transfer to another school. A
victim's decision to transfer to another school must be informed and
voluntary. Should an alternative school placement be determined in
the best interest of the victim all transportation needs will be
accommodated by the student's parent or guardian.
A victim has the right to be treated with respect and dignity, and not be
subjected to pressure to minimize the severity of acts that occurred or to
suggestions that he or she contributed to his or her own victimization.
PARADISE SCHOOLS
2/7/13
Page 2 of 3
JC-3250
JICL
© 2012 Arizona School Boards Association
Students who have experienced dating abuse have the right to full
cooperation from school personnel in obtaining information necessary to
achieve resolution.
Students are encouraged to report all known or suspected instances of dating
abuse involving themselves or other students. Although initial reports of
abuse may be made verbally or in writing, verbal reports must be converted
to written records on School-provided forms and confirmed by the victim for
accuracy.
When School officials have a reasonable belief or an investigation reveals
that a reported incident may constitute an unlawful act law enforcement
authorities will be informed.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-1401
13-1403
13-1404
13-1405
13-1406
15-342.02
15-712.01
CROSS REF.:
ACA - Sexual Harassment
JII - Student Concerns, Complaints and Grievances
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
JLF - Reporting Child Abuse/Child Protection
JR - Student Records
KB - Parental Involvement in Education
PARADISE SCHOOLS
2/7/13
Page 3 of 3
JC-3261
© 2012 Arizona School Boards Association
REGULATION
JICL-R
REGULATION
DATING ABUSE
Complaint Procedure
The School is committed to investigating each substantiated complaint and to
taking appropriate action on all confirmed violations of policy. The principal
shall investigate and document complaints filed pursuant to this regulation.
In investigating the complaint, the principal will maintain confidentiality to
the extent reasonably possible. The principal shall also investigate incidents
of policy violation that are raised by employees, community members or
students even though no written complaint has been made. It is the
responsibility of all School employees to respond to any alleged or known
incident of dating abuse in a manner that is consistent with School training.
If after the initial investigation the principal has reason to believe a violation
of policy has occurred, the principal shall determine the appropriate
response. The principal shall impose discipline on students who violate this
policy in accordance with Policies JK, JKD and JKE.
If the principal's investigation reveals no reasonable cause to believe policy
has been violated, the principal shall so inform the complaining student.
Students have the responsibility to file a complaint as soon as possible but
within thirty (30) days of the alleged incident. A staff member who becomes
aware of a suspected or known dating abuse situation shall make a report to
the principal immediately. The principal's investigation will be concluded
within five (5) days of the receipt of the complaint.
Staff Training
School principals shall coordinate annual training as part of required
professional development for all staff members. Components of this training
will be provided to the principal by the School. The Executive Director will
oversee the development of the staff training. The training shall include but
not be limited to:
Review of Governing Body policy.
Responsibilities of school employees.
Characteristics and identification of dating abuse.
Accommodation of victim needs.
Crisis intervention and safety planning.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-3261
© 2012 Arizona School Boards Association
REGULATION
JICL-R
REGULATION
Reporting procedures.
Legal considerations.
Student Curriculum
An age-appropriate dating abuse curriculum established by the School will be
presented to students in grades seven (7) through twelve (12). The
curriculum shall include the following components:
A definition of dating abuse.
The recognition of dating abuse warning signs.
The characteristics of healthy relationships.
The Executive Director will oversee the initial and ongoing development of
the curriculum. School principals shall oversee the presentation of the
curriculum and work with instructional staff to ensure delivery of the
curriculum meets School standards.
Documentation
Each school administrator shall maintain documentation of each case of
dating abuse that is addressed. The documentation will be kept for a period
of time in accordance with the records retention requirements established by
the Arizona State Library, Archives and Public Records. Access to student
files is governed by state and federal law. In accordance with the Family
Education Rights and Privacy Act (FERPA), parents and legal guardians
have a right to access their children's school records until the child turns
eighteen (18), including files that involve dating abuse.
Reporting
Students are encouraged to report all known or suspected instances of dating
abuse involving themselves or other students.
When School officials have a reasonable belief or an investigation reveals
that a reported incident may constitute an unlawful act, law enforcement
authorities will be informed.
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-3281
JICL-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
DATING ABUSE
COMPLAINT FORM
(To be filed with any professional staff member who
will forward this document to the School administrator)
Please print:
Name ________________________________________ Date ___________________
Address
____________________________________________________________
Telephone __________ Another phone where you can be reached
During the hours of
E-mail address
__________
________________________________________________
______________________________________________________
I wish to complain against:
Name of person ________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, the background to the incident, and any attempts
you have made to solve the problem. Be sure to note relevant dates, times,
and places. Additional pages may be attached if necessary.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-3281
© 2012 Arizona School Boards Association
EXHIBIT
JICL-E
EXHIBIT
If there is anyone who could provide more information regarding this
complaint, please list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Other comments or information (Be as specific as possible):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify this information is correct to the best of my knowledge.
Signature of Complainant _____________________________ Date ___________
Document received by _________________________________ Date ___________
Investigating administrator ___________________________
PARADISE SCHOOLS
2/7/13
Date ___________
Page 2 of 2
JC-3350
© 2012 Arizona School Boards Association
JIG
MARRIED STUDENTS
Married students must report any name changes to their guidance counselors
or the administrator if School records are to reflect the married name on
School transcripts.
A student's marital status does not reduce the
requirements or opportunities of the educational system in the School.
Adopted: date of Handbook adoption
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-3400
© 2012 Arizona School Boards Association
JIH
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
Interviews
School officials may question students regarding matters incident to school
without limitation. The parent will be contacted if a student interviewed is
then subject to discipline for a serious offense. A student may decline at any
time to be interviewed by the School Resource Officer (SRO) or another peace
officer.
When child abuse or abandonment of a student is alleged.
If a child protective services worker or peace officer enters the campus
requesting to interview a student attending the school, the school
administrator shall be notified. Access to interview shall be granted when
the child to be interviewed is the subject of or is the sibling of or is living with
the child who is the subject of an abuse or abandonment investigation. The
personnel of the School shall cooperate with the investigating child protective
services worker or peace officer. If a student is taken into temporary custody
in accordance with A.R.S. 8-821, the child protective services worker or peace
officer may be reminded to notify the student's parent of the custody,
pursuant to A.R.S. 8-823. The child protective services worker or peace
officer shall be requested to establish proper identification and complete and
sign a "Form for Signature of Interviewing Officer." Six (6) hours following
the relinquishment of custody by the school, school personnel may respond to
inquiries about the temporary custody of the child and may, if considered
necessary, call the parent.
Abuse or abandonment is not alleged.
No issue of student population safety is presented. If a peace officer enters the
campus requesting to interview a student attending the school on an issue
other than upon request of the school or for abuse or abandonment, the school
administrator shall be notified. If the officer directs that parents are not to
be contacted because the interview is related to criminal activity of the
parent(s)/guardian, the school official shall comply with the request. Unless
these circumstances exist the parent will be contacted and will be asked if
they wish the student to be interviewed. If the parent consents the parent
will be requested to be present or to authorize the interview in their absence
within the school day of the request. Where an attempt was made and the
parent(s) could not be reached or did not consent within the school day of the
request, the peace officer will then be requested to contact the parent(s) and
make arrangements to question the student at another time and place.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-3400
© 2012 Arizona School Boards Association
JIH
Safety of the student population is of concern. When a peace officer is present
on the campus to interview students at the request of school authorities due
to concerns for the safety of the students in the school population, parent
contact shall only be made if a student is taken into custody or following the
determination that the student may be subject to discipline for a serious
offense. SRO, present at the request of the school for the continued
maintenance of safety and order, may interview students as necessary
regarding school related issues as determined by school officials and parents
will be contacted if the student is to be taken into custody or if the student is
subject to discipline for a serious offense.
Searches
School officials have the right to search and seize property, including school
property temporarily assigned to students, when there is reason to believe
that some material or matter detrimental to health, safety, and welfare of the
student(s) exists. Disrobing of a student is overly intrusive for purposes of
most student searches and is improper without express concurrence from
school counsel.
Items provided by the School for storage (e.g., lockers, desks) or personal
items are provided as a convenience to the student but remain the property of
the school and are subject to its control and supervision. Students have no
reasonable expectancy of privacy, and lockers, desks, storage areas, etc., may
be inspected at any time with or without reason, or with or without notice, by
school personnel.
Arrest
When a peace officer enters a campus providing a warrant or subpoena or
expressing an intent to take a student into custody, the office staff shall
request the peace officer establish proper identification, complete, and sign a
form for signature of an arresting officer or interviewing officer. The school
staff shall cooperate with the officer in locating the child within the school.
School officials may respond to parental inquiries about the arrest or may, if
necessary, explain the relinquishment of custody by the school and the
location of the student, if known, upon contact by the parent.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 8-303
8-304
8-802
8-821
A.G.O. I04-003
I77-211
I82-094
PARADISE SCHOOLS
2/7/13
8-823
13-3881
13-3883
I88-062
I91-035
Page 2 of 2
JC-3431
© 2012 Arizona School Boards Association
EXHIBIT
JIH-EA
EXHIBIT
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
ACKNOWLEDGMENT CONCERNING USE
OF STUDENT LOCKERS
I acknowledge and understand that:
Student lockers are the property of the School.
Student lockers remain at all times under the control of the School.
I am expected to assume full responsibility for my school locker.
The School retains the right to inspect student lockers for any reason at
any time without notice, without student consent, and without a search
warrant.
____________________________________
Student
____________________________________
Date
____________________________________
Locker Number
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JC-3432
© 2012 Arizona School Boards Association
EXHIBIT
JIH-EB
EXHIBIT
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
FORM FOR SIGNATURE OF
ARRESTING OFFICER
I, _______________________________________, a duly sworn peace officer and
member of the _____________________________________________ Department,
_____________________ division, have asked that _________________________,
a student in the ________________________________________________________
School, be surrendered to me, and pursuant thereto have taken said student
into my custody and am assuming full responsibility for the student's arrest.
Date______________________________ Signature __________________________
Time _____________________________ Badge Number _____________________
School Action
Date and time parents notified (if more than one [1] attempt is made, include
such information here)
________________________________________________
________________________________________________________________________
____________________________________
Signature of Administrator
1 copy for School Records
1 copy for Parent Mailing
1 copy for Police Officer
1 copy for Witnessing Administrator
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JC-3433
© 2012 Arizona School Boards Association
EXHIBIT
JIH-EC
EXHIBIT
STUDENT INTERROGATIONS,
SEARCHES, AND ARRESTS
FORM FOR SIGNATURE OF
INTERVIEWING OFFICER
I, _______________________________________, a duly sworn peace officer and
member of the _____________________________________________ Department,
_____________________ division, have asked that _________________________,
a student in the ________________________________________________________
School, be made available for interview.
Date______________________________ Signature __________________________
Time _____________________________ Badge Number _____________________
School Action
Date and time parents notified (if more than one [1] attempt is made, include
such information here)
________________________________________________
________________________________________________________________________
____________________________________
Signature of Administrator
1 copy for School Records
1 copy for Parent Mailing
1 copy for Police Officer
1 copy for Witnessing Administrator
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JC-3600
© 2012 Arizona School Boards Association
JII
STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES
The Executive Director has established procedures whereby students may
present a complaint or grievance regarding a violation of their constitutional
rights, equal access to programs, discrimination, harassment, intimidation,
bullying or personal safety provided that:
The topic is not the subject of disciplinary or other proceedings under
other policies and regulations of this School, and
The procedure shall not apply to any matter for which the method of
review is prescribed by law, or the School Governing Body is without
authority to act.
A complaint/grievance may be raised regarding one (1) or more of the
following:
Violation of the student's constitutional rights.
Denial of an equal opportunity to participate in any program or activity
for which the student qualifies not related to the student's individual
capabilities.
Discriminatory treatment on the basis of race, color, religion, sex, age,
national origin, or disability.
Harassment of the student by another person.
Intimidation by another student.
Bullying by another student.
Concern for the student's personal safety.
The accusation must be made within thirty (30) calendar days of the time the
student knew or should have known that there were grounds for the
complaint/grievance. The complaint/grievance shall be made only to an
administrator or other professional staff member. That person shall elicit
from the student the particulars determined by the Executive Director to be
necessary for the complaint/grievance to be investigated. When the initial
allegation is submitted in a manner other than on the prescribed form, the
particulars of the complaint/grievance must be written on the form as
immediately as possible after receipt of the complaint/grievance. The
professional staff member may assist the student in completing the
complaint/grievance form. The student should sign and date the form,
however, unsigned forms are to be processed in the same manner as a signed
form.
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JC-3600
© 2012 Arizona School Boards Association
JII
When the professional staff member is other than the school administrator, it
shall be the responsibility of the staff member to inform a school
administrator as soon as feasible, but not later than the next school day
following the day that the staff member receives the complaint/grievance. If
the school administrator is included in the allegation, the complaint/
grievance shall be transmitted to the next higher administrative supervisor.
A failure by the professional staff member to timely inform the school
administrator or next higher administrative supervisor of the allegation may
subject the staff member to disciplinary action. The professional staff
member shall preserve the confidentiality of the subject, disclosing it only to
the appropriate school administrator or next higher administrative
supervisor or as otherwise required by law.
Any question concerning whether the complaint/grievance falls within this
policy shall be determined by the Executive Director.
Middle school and high school students shall file complaints on their own
behalf. A parent or guardian may initiate the complaint process on behalf of
an elementary school student. Except for elementary students, only the
student may initiate a complaint/grievance under this policy. A parent or
guardian who wishes to complain should do so by completing the forms
following policy KE on Public Concerns and Complaints.
A complaint/grievance may be withdrawn at any time. Once withdrawn, the
process cannot be reopened if the resubmission is longer than thirty (30)
calendar days from the date of the occurrence of the alleged incident. False
or unproven complaint documentation about harassment, intimidation, or
bullying shall not be maintained.
Retaliatory or intimidating acts against any student who has made a
complaint under this policy and its corresponding regulations, or against a
student who has testified, assisted or participated in any manner in an
investigation relating to a complaint or grievance, are specifically prohibited
and constitute grounds for a separate complaint.
To assure that students and staff are aware of its content and intent, a notice
of this policy and procedure shall be posted conspicuously in each school
building and shall be made a part of the rights and responsibilities section of
the student handbook. Forms for submitting complaints are to be available
to students and staff in the school offices.
Disposition of all complaints/grievances shall be reported to the Executive
Director as the compliance officer for discrimination. The Executive Director
will determine if the policies of the School have been appropriately
implemented and will make such reports and/or referrals to the Governing
Body as may be necessary.
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JC-3600
© 2012 Arizona School Boards Association
JII
The Executive Director shall develop procedures for the maintenance and
confidentiality of documentation related to the receipt of a student's concern,
complaint, or grievance, findings of the investigation, and disposition of the
matter. The documentation shall not be used to impose disciplinary action
unless the appropriate school official has investigated and determined there
was an actual occurrence of the alleged incident.
Knowingly submitting a false report under this policy shall subject the
student to discipline up to and including suspension or expulsion. Where
disciplinary action is necessary pursuant to any part of this policy, relevant
School policies shall be followed.
When School officials have a reasonable belief or an investigation reveals
that a reported incident may constitute an unlawful act, law enforcement
authorities will be informed.
Adopted: date of Handbook adoption
CROSS REF.:
AC - Nondiscrimination/Equal Opportunity
ACA - Sexual Harassment
GBEB - Staff Conduct
JB - Equal Educational Opportunities
JIC - Student Conduct
JICFA - Hazing
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
KE - Public Concerns and Complaints
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JC-3611
JII-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES
A student who complains or grieves regarding constitutional rights, equal
access to programs, discrimination, harassment, intimidation, bullying or
personal safety issues may complain directly to the School administrator or to
a professional staff member. The individual receiving the student complaint
must retrieve sufficient detail from the student to complete the form
designated for such purpose. When a professional staff member receives the
information, the staff member will transmit it to the School administrator not
later than the next school day following the day the staff member receives the
complaint/grievance.
If the complaint/grievance involves the School
administrator the professional staff member shall forward the complaint/
grievance to the next administrative level.
At a minimum the complaint/grievance shall contain the identifying
information on the complainant and such specificity of names, places and
times as to permit an investigation to be carried out. The written complaint/
grievance should contain a requested solution and the submission should be
signed and attested to by the complainant. However, an unsigned form will
be processed in the same manner as a signed form.
The complaint/grievance will be investigated by the School administrator or a
supervising administrator. The student shall be contacted not later than the
school day following the date the School administrator's or the
administrator's supervisor receives the information. The procedures to be
followed are:
An investigation of the reported incident or activity shall be made
within ten (10) school days when school is in session or within fifteen
(15) days during which the school offices are open for business when
school is not in session. Extension of the time line may only be by
necessity as determined by the Executive Director.
The investigator shall meet with the student who submitted the
complaint/grievance at or before the end of the time period and shall
discuss the conclusions and actions to be taken as a result of the
investigation. Confidentiality of records and student information shall
be observed in the process of making such a report.
The investigator shall prepare a written report of the findings and a
copy of the report shall be provided to the Executive Director.
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JC-3611
© 2012 Arizona School Boards Association
REGULATION
JII-R
REGULATION
A confidential record of each concern, complaint, and grievance made
pursuant to Policy JII shall be maintained at the School office. The
record shall include a copy of the concern, complaint, or grievance filed
by a student, findings of the investigation, and the disposition of the
matter.
Unless a determination has been made by the appropriate investigating
school official that the reported incident actually occurred, the record
shall not be used for the imposition of discipline.
Where disciplinary action is necessary, School policies shall be followed.
When School officials have a reasonable belief or an investigation reveals
that a reported incident may constitute an unlawful act, law enforcement
authorities will be informed.
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JC-3631
JII-EA
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES
COMPLAINT FORM
(To be filed with the School administrator or the administrator's supervisor,
or with a professional staff member who will forward it to the School
administrator or the administrator's supervisor)
Additional pages may be attached if more space is needed.
Please print:
Name ________________________________________ Date ___________________
Address
____________________________________________________________
Telephone __________ Another phone where you can be reached
During the hours of
__________
________________________________________________
E-mail address _________________________________________________________
I wish to complain against:
Name of person, school (department), program, or activity
________________
________________________________________________________________________
________________________________________________________________________
Address _______________________________________________________________
Specify your complaint by stating the problem as you see it. Describe the
incident, the participants, the background to the incident, and any attempts
you have made to solve the problem. Be sure to note relevant dates, times,
and places.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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JC-3631
JII-EA
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
If there is anyone who could provide more information regarding this, please
list name(s), address(es), and telephone number(s).
Name
Address
Telephone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
The projected solution
Indicate what you think can and should be done to solve the problem. Be as
specific as possible.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
I certify that this information is correct to the best of my knowledge.
______________________________________________
Signature of Complainant
_____________________
Date Signed
______________________________________________
_____________________
Administrator or professional staff member
receiving initial complaint
Date initial complaint received
The investigating administrator shall give one (1) copy to the complainant
and retain one (1) copy for the file.
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JC-3632
© 2012 Arizona School Boards Association
EXHIBIT
JII-EB
EXHIBIT
STUDENT CONCERNS, COMPLAINTS,
AND GRIEVANCES
(To be displayed in school buildings
and in student handbooks)
Students may present a complaint or grievance regarding one (1) or more of the following:
Violation of the student's constitutional rights.
Denial of an equal opportunity to participate in any program or activity for which the
student qualifies not related to the student's individual capabilities.
Discriminatory treatment on the basis of race, color, religion, sex, age, national origin,
or disability.
Harassment of the student by another person.
Intimidation by another student.
Bullying by another student.
Concern for the student's personal safety.
Provided that:
The topic is not the subject of disciplinary or other proceedings under other policies
and regulations of this School, and
The procedure shall not apply to any matter for which the method of review is
prescribed by law, or the Governing Body is without authority to act.
The guidelines to be followed are:
The accusation must be made within thirty (30) calendar days of the time the student
knew or should have known that there were grounds for the complaint/grievance.
The complaint/grievance shall be made only to a School administrator or professional
staff member.
The person receiving the complaint will gather information for the complaint form.
All allegations shall be reported on forms with the necessary particulars as
determined by the Executive Director. Forms are available in the School office.
The person receiving the complaint shall preserve the confidentiality of the subject,
disclosing it only to the appropriate School administrator or next higher
administrative supervisor or as otherwise required by law.
Any question concerning whether the complaint/grievance falls within this policy shall be
determined by the Executive Director.
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JC-3632
© 2012 Arizona School Boards Association
EXHIBIT
JII-EB
EXHIBIT
Complaints by middle or high school students may be made only by the students on their
own behalf. A parent or guardian may initiate the complaint process on behalf of an
elementary school student. A parent or guardian who wishes to complain should do so by
completing the forms following Policy KE on Public Concerns and Complaints.
A complaint/grievance may be withdrawn at any time. Once withdrawn, the process cannot
be reopened if the resubmission is longer than thirty (30) calendar days from the date of the
occurrence of the alleged incident. False or unproven complaint documentation shall not be
maintained.
Retaliatory or intimidating acts against any student who has made a complaint under this
policy and its corresponding regulations, or against a student who has testified, assisted or
participated in any manner in an investigation relating to a complaint or grievance, are
specifically prohibited and constitute grounds for a separate complaint.
Knowingly submitting a false report under this policy shall subject the student to discipline
up to and including suspension or expulsion. Where disciplinary action is necessary
pursuant to any part of this policy, relevant School policies shall be followed.
When School officials have a reasonable belief or an investigation reveals that a reported
incident may constitute an unlawful act, law enforcement authorities will be informed.
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JC-3850
© 2012 Arizona School Boards Association
JJAB
LIMITED OPEN / CLOSED FORUM
Student meetings may be held in the school(s) that offer instruction in grades
seven (7) and eight (8) or above under a "limited open forum". Furthermore,
insofar as the School has a procedure defined as a "limited open forum" under
the provisions of Title VIII, the Equal Access Act, Section 801 et seq., the
School(s) shall offer to students a fair opportunity to conduct meetings using
school facilities whereupon:
Such meetings are voluntary and student initiated.
There is no sponsorship of such meetings by the School, School
employees or governmental entities, or employees of governmental
entities.
School employees present at religious meetings will be present only in a
nonparticipatory capacity.
Such meetings shall not materially and substantially interfere with the
orderly conduct of the educational activities of the School.
Nonschool persons shall not be permitted to direct, conduct, control, or
regularly attend such student group meetings.
Neither the School, any employee or agent of the School, nor of any State or
federal governmental entity shall be permitted to:
Influence the form or content of any prayer or other religious activity
connected with student meetings.
Require any person to participate in prayer or other religious activity.
Expend public funds beyond the incidental cost of providing the space
for such student-initiated meetings.
Compel any employee of the School to attend a school meeting that is
contrary to the beliefs of the employee.
Sanction meetings that are otherwise unlawful.
Limit the rights of groups of students to avail themselves under the
provisions of this policy to a specified numerical size.
Abridge either Arizona or U.S. constitutional rights of any employee,
official, or student of the School.
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JC-3850
JJAB
© 2012 Arizona School Boards Association
Nothing in this policy shall be construed to limit the authority of the school or
its agents or employees to maintain order and discipline on school premises,
to protect the well-being of students and employees, and to assure that
attendance of students at such meetings is voluntary.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-720
20 U.S.C. 4071 et seq. Equal Access Act, (Section 801)
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JC-4100
© 2012 Arizona School Boards Association
JJF
STUDENT ACTIVITIES FUNDS
The Executive Director will designate a student activities treasurer. The
Executive Director shall assure the establishment and maintenance of a
"Student Activity Fund" as defined in A.R.S. 15-1121 through A.R.S. 15-1124.
When appropriate the Executive Director may designate an assistant
activities treasurer for each school.
The Executive Director shall require the establishment of appropriate
procedures whereby all persons having any duties relating to such funds are
advised of the requirements and responsibilities therefor. All such persons
shall be held strictly accountable for the manner in which these guidelines
are followed.
The Executive Director shall ensure that an accurate, detailed record of all
revenues and expenditures of the student activities fund is kept.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-1121 et seq.
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JC-4350
© 2012 Arizona School Boards Association
JJIB
INTERSCHOLASTIC SPORTS
General
The purpose of interscholastic athletics is both educational and recreational.
The school sports program should encourage participation by as many
students as possible and should always be conducted with the best interests
of the participants as the first consideration.
School participation in interscholastic athletics shall be subject to approval
by the Governing Body. This shall include approval of membership in any
leagues, associations, or conferences, and of any new agreements with other
schools for a series of games or events.
The following rules shall be observed for participation by individual students:
For each type of sport in which the student engages, the parents or
guardian must give written consent.
The student must be determined by a physician to be physically fit for
the sport.
The Executive Director shall set up other rules for participation, such as
those School academic standing, in accordance with policies of the School and
pertinent regulations and recommendations of the state interscholastic
athletic association.
Health and Safety of Participants
The health and safety of participants in interscholastic athletic activities
must receive careful consideration. Participants must be provided access to
water at all times during practice sessions, games, or other interscholastic
athletic activities.
The Executive Director shall require that regulations for health and safety of
participants in interscholastic athletics be developed, implemented, and
enforced. Such regulations may, at the discretion of the Executive Director,
be incorporated into policy.
Adopted: date of Handbook adoption
LEGAL REF.: A.G.O. I86-095
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JC-4600
JK
© 2012 Arizona School Boards Association
STUDENT DISCIPLINE
The Executive Director shall recommend policies and develop procedures for
the discipline of students that comply with A.R.S. 15-843. These policies and
procedures will apply to all students traveling to, attending, and returning
from School, and while visiting another school or at a School-sanctioned
activity and may be imposed if the student's behavior affects the School
order. When suspension or expulsion is involved, notice, hearing, and appeal
procedures shall conform to applicable legal requirements.
The discipline, suspension and expulsion of pupils shall not be based on race,
color, religion, sex, national origin or ancestry. A substantial or deliberate
failure to comply with the prohibition against race, color, religion, sex,
national origin or ancestry may subject the School to the loss of funds
imposed by A.R.S. 15-843.
The School administrator shall ensure that a copy of all rules pertaining to
discipline, suspension, and expulsion are distributed to each student's
parents at the time the student enrolls in School each year.
Behavior Management and Discipline
of Students with Special Needs
The Executive Director shall oversee a collaborative process for the
identification, description, and monitoring of best practices for behavioral
management and discipline of special needs students. The practices shall
include, but not be limited to:
authorized and prohibited disciplinary methods,
recommended and required training for special education program
teachers and aides, and
requirements for conveying notice of disciplinary measures taken.
The Executive Director shall, by administrative regulation, prescribe
procedures for implementation of the best practices, subject to Governing
Body approval.
Temporary Removal
Teachers are authorized to temporarily remove a student from a class. A
teacher may temporarily remove a student to the School administrator, or to
a person designated by the School administrator, in accord with:
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JC-4600
© 2012 Arizona School Boards Association
JK
Rules established for the referral of students.
The conditions of A.R.S. 15-841, when applicable.
The Executive Director shall establish such rules as are necessary to
implement the temporary removal procedure.
Threatened an Educational Institution
Threatened an educational institution means to interfere with or disrupt an
educational institution as found in A.R.S. 15-841 and 13-2911. A student
who is determined to have threatened an educational institution shall be
expelled from school for at least one (1) year except that the School may
modify this expulsion requirement for a pupil on a case-by-case basis and
may reassign a pupil subject to expulsion to an alternative education
program if the pupil participates in mediation, community service, restitution
or other programs in which the pupil takes responsibility for the results of
the threat. The School may require the student's parent(s) to participate in
mediation, community service, restitution or other programs with the student
as a condition to the reassignment of the pupil to an alternative education
program.
Information concerning a student's disciplinary record will be held in the
strictest confidence.
Disciplinary actions taken will be recorded in an administrative log, and all
types of suspensions or expulsions will be recorded in a separate file for each
student.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-403 et seq.
13-2911
15-841
15-842
15-843
15-844
CROSS REF.: GBEB - Staff Conduct
JIC - Student Conduct
JKA - Corporal Punishment
JKD - Student Suspension
JKE - Expulsion of Students
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JC-4611
JK-RA
© 2012 Arizona School Boards Association
REGULATION
REGULATION
STUDENT DISCIPLINE
A student may be subject to disciplinary action when the student:
Engages in conduct that is disorderly, i.e., intentionally causing public
inconvenience, annoyance, or alarm, or recklessly creating a risk
thereof, by:
Fighting or engaging in violent behavior.
Making unreasonable noise.
Using abusive or obscene language or gestures.
Obstructing vehicular or pedestrian traffic.
Creating a hazardous or physically offensive condition by any act
that serves no legitimate purpose.
Engages in conduct that is insubordinate, i.e., failing to comply with the
lawful directions of a teacher, School administrator, or other School
employee in charge of the student.
Endangers the safety, morals, health, or welfare of others by any act,
including but not limited to:
Selling, using, or possessing alcohol, drugs, or other controlled
substances or drug paraphernalia.
Selling, using, or possessing weapons, fireworks, or other
dangerous instruments or contraband.
Selling, using, or possessing obscene materials.
Using profane, vulgar, or abusive language (including ethnic
slurs).
Gambling.
Hazing.
Engaging in lewd behavior.
Engages in any of the following forms of academic misconduct:
Lateness for, missing, or leaving School or class without
permission or excuse.
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JC-4611
© 2012 Arizona School Boards Association
REGULATION
JK-RA
REGULATION
Cheating (including but not limited to copying, using
unauthorized help sheets and the like, illegally obtaining tests in
advance, substituting for a test-taker, and other forms of
unauthorized collusion).
Plagiarism.
Engages in conduct violative of the Governing Body's rules and
regulations for the maintenance of public order on School property.
Uses personal portable electronic instruments, communication, and
entertainment devices, including but not limited to cell phones, still and
video cameras and equipment, recording/playback apparatus, and other
electronic equipment which may be used for similar purposes, during
the school day or during directed student study time unless such use
has been specifically authorized by the School administrator.
Has a record of excessive absenteeism.
Is believed to have or actually has committed a crime.
Reasonableness of use of physical force in self-defense, defense of others, and
defense of property will be considered as a mitigating factor in determining
penalties for misconduct. The threat or use of physical force by a student is
not reasonable (i) when made in response to verbal provocation alone, (ii)
when assistance from a school staff member is a reasonable alternative, or
(iii) when the degree of physical force used is disproportionate to the
circumstances or exceeds that necessary to avoid injury to oneself or to others
or to preserve property at risk.
Permissible Penalties
The range of penalties that may be imposed for violations of student
discipline rules include, but are not limited to, the following:
Verbal warning.
Written warning.
Written notification to parents.
Probation.
Detention.
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JC-4611
© 2012 Arizona School Boards Association
REGULATION
JK-RA
REGULATION
Suspension from transportation.
Suspension from athletic participation.
Suspension from social or extracurricular activities.
Suspension of other privileges.
Exclusion from a particular class.
In-school suspension.
Involuntary transfer.
Community service.
Suspension.
Expulsion.
Depending upon the nature of the violation, student discipline may be
progressive, i.e., generally, a student's first violation should merit a lighter
penalty than subsequent violations. A School employee or agent should take
into account all other relevant factors in determining an appropriate penalty.
The above penalties may be imposed either alone or in combination.
Student Disciplinary Proceeding
The School will establish a procedure that at a minimum will provide the
School administrator, or the designee of the School administrator, with
documentation of the teacher's reason(s) for the temporary removal of a
student from class.
Refusal to readmit per A.R.S. 15-841:
Upon discussion, by the administrator with the teacher, of disciplinary
action implemented in conjunction with a temporary removal in accord
with the rules established by the Governing Body, the teacher will be
required to state an intent to readmit or refuse to readmit the removed
student. If the teacher refuses to readmit the student, the reason shall
be written by the teacher, explaining the conditions used to determine
the removal, and shall be provided to the administrator by the next
business day following the temporary removal.
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Either of the following conditions must exist for a temporary removal
per A.R.S. 15-841:
The teacher has documented that the pupil has repeatedly
interfered with the teacher's ability to communicate effectively
with the other pupils in the class or with the ability of the other
pupils to learn.
The teacher has determined that the pupil's behavior is so unruly,
disruptive, or abusive that it seriously interferes with the
teacher's ability to communicate effectively with the other pupils
in the classroom or with the ability of the other pupils to learn.
The matter will be referred to the School placement review committee
(SPRC) constituted in accord with statute if the conditions are
consistent with those stated in A.R.S. 15-841. Within three (3) business
days following the date of temporary removal, the SPRC shall
determine to either place the student in a new class or return the
student to the existing class if that is the best or only practicable
alternative.
If the student is qualified for educational services under the Individuals
with Disabilities Education Act (IDEA), any change in the student's
individualized education program (IEP) shall be determined by the
individualized education program (IEP) team in accord with federal
regulations.
Any teacher, administrator, Governing Body member, parent, or other person
may report a violation of student disciplinary rules to an administrator. The
administrator will then make an investigation of the charges as deemed
appropriate and will institute appropriate proceedings.
This information for the maintenance of public order on School property will
be publicized and explained to all students and provided in writing to parents
as requested. In order to promote effectiveness of student discipline, the
assistance of parents in enforcing rules for student discipline shall be invited
and encouraged.
Involving Staff Members
The administrator is responsible for involving staff members of the School in
the development of a positive plan for student discipline. All staff members
are responsible for implementing the plan of student discipline for the School.
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REGULATION
JK-RB
REGULATION
STUDENT DISCIPLINE
(Behavior Management and Discipline
of Students With Disabilities)
Practices and procedures for the behavior management and discipline of
special needs students shall be determined and applied in accord with the
following standards:
Behavior Management and Discipline
of Special Needs Students
Each school shall implement positive, evidence-based, safe, and timely plans
and procedures for all special needs students including those who exhibit
behaviors that interfere with learning or who place themselves or others in
danger. Administration, staff, parents and students are to be engaged in the
development of the plans. The purpose of the plan is to identify practices
that are agreed upon and complied with and reinforced by members of the
school community, including the Governing Body. An objective of the plan is
to provide consistency in the manner in which deviations from appropriate
behavior are addressed. The plans are to be submitted to the Executive
Director.
Plans are to be:
Proactive: Students are to be taught the critical social skills
needed for success.
Positive behavioral interventions and
supports enable the school to set clear expectations for behavior,
to acknowledge and reward appropriate behavior, and to
implement a consistent continuum of consequences for
challenging behavior.
Comprehensive: Positive behavioral interventions and supports
are to be employed uniformly throughout the school, including
non-instructional areas such as the cafeteria, hallways, and buses.
School personnel are to be trained in positive behavioral
interventions and supports, in data reporting, and receive support
in implementation of the practices. School personnel are to be
trained in areas of crisis intervention such as use of restraints
and seclusion.
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REGULATION
Data driven: The school is to rely on data for the development
and modification of its positive behavioral interventions and
supports approach. The data is to be tracked through office
referrals as well as from classroom reports, school-based
intervention teams, and crisis intervention documentation.
Positive behavioral interventions and support teams are to use
the data to design specific interventions to prevent challenging
behaviors before they occur and to confirm the effectiveness of
interventions.
Plans are to ensure that parents of students enrolled in the school have
comprehensive information regarding behavioral expectations within
the school and the planned responses should the expectations not be
met. Parents are to:
have ready access to the school plan, and
be informed how to provide input into the plan.
Response to Intervention
The plans are to provide for and the school is to have in place a multi-level
approach to teaching students appropriate behaviors that provide
progressively intense support for students according to need.

Interventions shall be consistent with plans for creating and
maintaining a positive school climate.

Provide for small group direct instruction on a regular basis to those
students who are experiencing difficulty understanding or abiding by
the established standards of behavior. Supports should include such
strategies as increased and targeted social skills training, increased
monitoring and reinforcement systems, self-management techniques,
and family mentoring and involvement programs.

Provide a range of individualized interventions designed to address the
specific behaviors continuing to cause the student difficulty. These may
include counseling, more intense direct instruction, behavioral
contracts, specific behavioral consequences, alternative educational
programming, consideration for a referral for an evaluation for special
education, and other strategies agreed upon with the parents. A
functional behavioral assessment (FBA) and a behavior intervention
plan (BIP) may be included and shall be required for students with
disabilities when a manifestation determination is necessary.
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REGULATION
The FBA must identify the triggers for the challenging behavior
and what subsequent responses by staff or other students
reinforce the continuation of the challenging behavior.
The BIP should be developed from a functional behavioral
assessment and prescribe methods the staff will use to prevent,
manage, replace, and monitor changes to the behavior. The BIP
must be based on evidence-based practices and support the goal of
making the challenging behavior irrelevant, ineffective and
inefficient. The BIP must be implemented with integrity by staff
trained to do so.
Crisis Management
Crisis management in the context of behavior management is defined as the
methods used by school personnel to respond to imminent danger to the
student, other students or staff. The two (2) most commonly used methods of
crisis management are restraint (either physical or mechanical) or seclusion
of the student.
Use of seclusion. Seclusion for the purpose of the plan is the
confinement of a student alone in any space from which the student is
physically prevented from leaving.
Seclusion does not mean (a) time out when it is used for a limited or
specified time, as a behavior management technique during which the
student is placed in an environment where access to positive
reinforcement is unavailable and the student's movement in not
physically restricted, and (b) student self-imposed voluntary isolation or
time out for the purpose of calming him/herself and the student is
monitored by a staff member.
The use of seclusion is to be used only in an emergency to protect
persons from imminent, serious physical harm.
Any area used for seclusion must be free of objects that could
cause harm, must provide for adequate visual and audio
supervision of the student, must provide adequate lighting and
ventilation, and must not be locked.
Any area used for seclusion must comply with the State Fire
Code.
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REGULATION
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REGULATION
School personnel must observe the student at all times during the
seclusion period and reassess the child every thirty (30) minutes.
When seclusion continues beyond the second assessment, an
administrator or the administrator's designee must review and
approve continued seclusion.
The student must be released from seclusion as soon as the
student regains self-control.
If seclusion is necessary, parents and administrators must be
notified within the same school day and a written notice that
includes the circumstances that preceded the behavior, the
behavior, the length of time the student was secluded, the location
of the seclusion, and the person who observed the student during
the seclusion must follow. When a student has been in seclusion
for longer than one (1) hour, parent contact must be initiated
immediately.
A debriefing with affected staff, parents, and, if appropriate, the
student shall be conducted with forty-eight (48) hours. During the
debriefing, a determination must be made regarding the need for
a functional behavior assessment (FBA).
Each incident must be recorded in the student management
system.
A student who has required crisis management by the school staff
more than three (3) times in a semester must have a functional
behavior assessment (FBA) and, if appropriate, a behavior
intervention plan (BIP) within a reasonable time following the
third (3rd) incident.
The School must have a strategy in place to support teams in
modifying a FBA and BIP when the existing plan is ineffective
(e.g., continued instances of the need for crisis intervention).
Prohibited uses of seclusion:
Seclusion is not to be used as punishment for violations of school
rules, for repetitive behaviors, or because of teacher anger toward
the student.
Seclusion is not to be harsh, severe, or out of proportion with the
offense committed and the age and physical condition of the
student.
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REGULATION
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REGULATION
Seclusion is not to be used to prohibit reasonable access for the
care of the student's bodily needs.
Seclusion must not deny a free, appropriate public education to
students with disabilities through excessive or extensive use.
The use of seclusion is not to be limited, by policy or practice, to
students with disabilities.
Use of physical and mechanical restraints: For the purposes of
this regulation physical restraint is defined as the application of
physical force by one (1) or more individuals that prevents or
significantly restricts a student's movement. Restraint is a last resort
emergency safety intervention.
For the purposes of this regulation mechanical restraint is defined as
the restriction of movement by devices such as straps, duct tape, cords,
or garments. Not to be included in this definition are:
Restraints used in schools for the purpose of providing support to
students' orthopedic and assistive technology needs in order to
permit them to learn and participate in school activities as
identified in an individualized education program (IEP).
Restraints, such as weighted vests or blankets, identified by an
IEP team as appropriate for a student to enhance participation in
learning activities.
Vehicle safety restraints used in accordance with state and
federal regulations.
Restraints employed by law enforcement officers in school settings
that are used in accord with their policies and appropriate
professional standards. These instances are subject to the same
reporting requirements by the school as restraints used by school
personnel.
Physical restraint is to be a last resort emergency safety measure
used only in an emergency situation when a student is
imminently dangerous to him/herself or others. Instances where
reasonable and appropriate restraint may be used include, but are
not limited to:
Breaking up a fight;
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REGULATION
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REGULATION
Taking a weapon away from a student;
Briefly holding a student to calm and comfort the student;
Applying minimum contact necessary to physically escort a
student from one area to another;
Assisting a student in completing a task or response if the
student does not resist or resistance in minimal in intensity
or duration;
Momentarily holding a student in order to prevent an
impulsive behavior that threatens the student's safety, the
safety of others, or the destruction of property.
Personnel using the restraint must take extreme care to provide
for the safety and comfort of the student during the restraint
procedure.
Personnel authorized to use restraints must have been
extensively and repeatedly trained by personnel who have
maintained approval by a training program to provide training in:
Alternatives to restraint (e.g., de-escalation strategies, and
problem- solving techniques);
The proper use of the restraint; and
Safety precautions and procedures for continuous
monitoring of a student by a third party during restraint.
The student must be released from the restraint as soon as the
student regains self- control.
Parents and administrators are notified as soon as possible within
the same school day, followed by a written notice stating the
circumstances that preceded the behavior, the behavior, the
length of time the student was restrained, the location of the
restraint and the person(s) who observed the student during the
restraint.
A debriefing with affected staff and parents and, if appropriate,
the student must be conducted within forty-eight (48) hours.
During the debriefing a determination will be made regarding the
need for a functional behavioral assessment (FBA).
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© 2012 Arizona School Boards Association
REGULATION
REGULATION
An incident report of the event must be recorded in the student
management system.
A student who has required crisis management on the part of the
school staff more than three (3) times in a semester must have a
functional behavioral assessment (FBA) and, if appropriate, a
behavior intervention plan (BIP) developed within a reasonable
time following the third (3rd) critical incident.
The School must have a strategy to support teams in modifying a
FBA and BIP when the existing plan is ineffective (e.g., continued
instances of the need for crisis intervention).
Prohibited uses of physical and mechanical restraints:
Physical and mechanical restraints, such as prone restraint, that
places excess pressure on the chest or back or impedes the ability
to breathe or communicate are prohibited.
The use of mechanical restraint by a staff member who has not
been trained in the use of restraints is prohibited except when the
case is one presenting extreme danger to the student or to others,
and:
The restraint is not out of proportion to the danger, the age,
and the physical condition of the student;
The restraint is not used to prohibit reasonable access for
the care of the student's bodily needs.
Restraints that provide support to a student's orthopedic needs
shall not used as a means of punishment for noncompliant
behaviors.
No policy or practice shall limit the use of restraints to students
with disabilities.
Training in uses of seclusion and restraint procedures:
Personnel who use seclusion and restraints procedures must have
training in conflict prevention, crisis de-escalation, possible effects
of seclusion, and any local or state regulations regarding the
seclusion space and its use.
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REGULATION
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REGULATION
The training of personnel must be recurrent with annual updates
appropriate to the type of school setting, to the age and
developmental level of students. The training must and include
information about commonly accepted standards for the use of
seclusion a restraint in the school setting.
The training must include content and skill development on the
use of positive, instructional, and preventive methods for
addressing student behavior.
The training must include information about the effects of
medications students may be receiving and how seclusion and
restraint procedures might affect the physical well being of the
student during seclusion or restraint.
The training must include multiple methods for monitoring a
student's well-being during a restraint.
The training must include certification in First Aid and
cardiopulmonary resuscitation (CPR) in the event of an
emergency during seclusion.
The training must include the requirements for reporting to
parents and administration.
Corporal punishment: For the purposes of this regulation corporal
punishment is defined as the deliberate infliction of pain intended to
discipline or reform a person's bad attitude and/or behavior.
Corporal punishment is prohibited.
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JK-EA
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
STUDENT DISCIPLINE
The School administrator shall establish and retain complete records of
student disciplinary actions and procedures. Records regarding student
disciplinary actions shall be retained for at least two (2) years after last
attendance date.
The accounting for students subject to disciplinary action on discipline record
card shall contain an entry of:
The full name of the student.
The racial/ethnic and sex designations of the student.
The time, place, and date of the offense or offenses, or observed
behavior.
Descriptions and dates of other offenses or observed behaviors if not
previously reported.
The names of witnesses or others involved.
Specific measures taken by person or persons reporting the offense or
offenses to effect an adjustment, including the specialized help secured
before referral, such as conferences with parents, conferences with the
administrator, and conferences with other school personnel.
The name and title of the person or persons reporting the offense or
offenses.
The alternatives, if any, that were considered prior to the imposition of
the disciplinary action taken by the School administrator.
The final disposition of the case.
The name and title of the person or persons imposing the action or
actions.
The kinds of disciplinary actions for which an accounting should be kept shall
include, but not be limited to:
Suspensions and/or expulsion.
Corporal punishment.
Placement in work room or detention (for disciplinary reasons).
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EXHIBIT
EXHIBIT
Transfer to another class (for disciplinary reasons).
Transfer to another school (for disciplinary reasons).
Referrals of cases to police and juvenile authorities.
Others as required.
The School administrator shall have the responsibility of maintaining the
necessary discipline records to include:
Discipline record card (each reported incident). Student discipline list
(cumulative).
Log of corporal punishments (each incident).
Summary of corporal punishments: monthly report, retained by the
administrator; yearly summary, copy to the School office.
Log of suspensions (cumulative).
Summary of suspensions: monthly report, retained
administrator; yearly summary, copy to the School office.
by
the
Log of expulsions and referrals to courts (cumulative).
Log of Governing Body expulsions (each incident).
Summary of expulsions: monthly report, retained by the administrator;
yearly summary, copy to the School office.
Log of student withdrawals (cumulative).
Summary of withdrawals: monthly report, retained
administrator; yearly summary, copy to the School office.
by
the
Log of dropouts (cumulative): use only W5's as dropouts; use of this
form is optional.
All monthly summary forms shall be completed at the close of each
attendance month.
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© 2012 Arizona School Boards Association
EXHIBIT
JK-EB
EXHIBIT
STUDENT DISCIPLINE
REFERRAL OF STUDENT TO OFFICE
FOR POSSIBLE REFUSAL TO READMIT
____________________
Student's Name
__________________ _____________ _______________
Date/Time Sent
Teacher
Period/Room
Purpose for which the student is being referred ___________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
If the referral is for misconduct, have you previously referred this student for
the same, or similar, reason(s)?  Yes  No
Do you desire to confer with the Executive Director or designee, before
disciplinary action is taken?  Yes  No
Is it your intent to file a Notice to Executive Director of Refusal to Readmit
Student?  Yes  No  Possibly
REMINDER:
All documentation substantiating the reason(s) and
condition(s) for a refusal to readmit the student following the student's
temporary removal pursuant to A.R.S. 15-841 must be provided by the next
business day following the temporary removal.
___________________________________
Teacher's Signature
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© 2012 Arizona School Boards Association
EXHIBIT
JK-EC
EXHIBIT
STUDENT DISCIPLINE
NOTICE TO EXECUTIVE DIRECTOR OF
REFUSAL TO READMIT STUDENT
(Must be submitted by next business day following temporary removal)
Teacher ___________________________ Student____________________________
School_____________________________ Class _______________ Period ______
Under the provisions of A.R.S. 15-841, I am refusing to readmit the abovenamed student to the identified class. The temporary removal was made
under the following condition (one [1] of the two [2] conditions must be
selected and substantiated):

1. The pupil has repeatedly interfered with my ability to
communicate effectively with the other pupils in the
classroom or with the ability of the other pupils to learn.

2. The pupil's behavior is so unruly, disruptive, or abusive that
it seriously interferes with my ability to communicate
effectively with the other pupils in the classroom or with the
ability of the other pupils to learn.
Instructions: Describe the incidents that have prompted the decision to
remove the student from the class. It is important that complete and detailed
information is provided, as it will be used (1) by the Executive Director in
determining the appropriate discipline management techniques, consistent
with Governing Body rules, to be applied to this case, and (2) by the
placement review committee to determine whether the student should be
placed back in the class if the teacher and Executive Director cannot reach
consensus that acceptable corrective measures have been accomplished to
effect the student's return to class.
To the extent possible, report literal disruptive remarks made by the student,
and list contributing factors such as the student's facial or bodily expressions,
gestures, sounds, and so forth. Explain how the student attempted to divert
the attention of other students, to encourage their participation in the
misbehaviors, and to otherwise interfere with the classroom management,
teaching, and learning processes. State the techniques, both successful and
unsuccessful, that have been attempted to restrain the student's misconduct,
gain the student's cooperation, or otherwise control the situation. List the
dates of and summarize the communications and conferences with the
student's parent(s) or other responsible adult(s) to elicit their assistance in
resolving the difficulties with the student.
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EXHIBIT
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EXHIBIT
If the space on this form is inadequate, check the box on the following page
and indicate the number of supplemental sheet(s) you are attaching to this
notice.
Date of misbehavior:
Description of incident:
Techniques attempted:
Parental conference held?  Yes  No If yes, date held and summary of
outcome.
Date of misbehavior:
Description of incident:
Techniques attempted:
Parental conference held?  Yes  No If yes, date held and summary of
outcome.
Date of misbehavior:
Description of incident:
Techniques attempted:
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EXHIBIT
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EXHIBIT
Parental conference held?  Yes  No If yes, date held and summary of
outcome.
 Additional space is needed. ______ supplemental sheets are
attached to this notice.
Express your opinion of the action(s) that will be most effective with the
student and state your expectation for the outcome of your decision to remove
the student from your class.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
______________________________________
Teacher's Signature
PARADISE SCHOOLS
2/7/13
_____________________________
Date notice submitted to
Executive Director
Page 3 of 4
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EXHIBIT
JK-EC
EXHIBIT
SUPPLEMENT TO
NOTICE TO EXECUTIVE DIRECTOR OF REFUSAL TO READMIT
STUDENT
Teacher ______________________ Student ____________________ Date ______
School_____________________________ Class _______________ Period ______
Date of misbehavior:
Description of incident:
Techniques attempted:
Parental conference held?  Yes  No If yes, date held and summary of
outcome.
Date of misbehavior:
Description of incident:
Techniques attempted:
Parental conference held?  Yes  No If yes, date held and summary of
outcome.
______ of ______ Supplemental Sheets
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EXHIBIT
JK-ED
EXHIBIT
STUDENT DISCIPLINE
PARADISE HONORS HIGH SCHOOL
INTERSCHOOL TRANSPORTATION
PHHS offers bus transportation to and from Paradise Schools for a fee to
eligible students. This daily transportation will permit eligible students to
ride from PEC to PHHS in the morning and return from PHHS to PEC in the
afternoon. In order to be eligible a student must:
Have a completed PHHS Bus Application on file.
Have prepaid the PHHS non-refundable transportation fee.
Carry a student bus pass and PHHS student ID card at all times
(students will not be transported without a bus pass or ID).
Adhere to all instructions given by the bus driver and PHHS staff
members
Any student who is not in compliance with the above mentioned guidelines
will not be transported. No exceptions. In addition, it will be the student's
responsibility to find his/her own transportation until all the requirements
are met.
Pupils transported by bus shall be under the authority of and responsible
directly to the operator of the bus, unless otherwise assigned by PHHS
administration. Students are under the supervision and control of the bus
driver while on the bus and all reasonable directions given by the driver shall
be followed. Disorderly conduct or refusal to submit to the authority of the
operator shall be sufficient reason for refusing transportation to any pupil as
well as other disciplinary actions as outlined in the PHHS Student Code of
Conduct. Drivers are required to report all misbehavior by students on the
bus to PHHS administration.
School Bus Conduct
The school bus and its bus stops are an extension of school activity; therefore,
students are to conduct themselves in a manner consistent with the
established standards for safety and classroom behavior. A student may be
denied the privilege of riding the bus, temporarily or permanently, if
determined by the principal that their behavior is such as to cause disruption
on the bus, or when they disobey state or local rules and regulations
pertaining to student transportation. No refunds will be given.
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EXHIBIT
Parents/students must provide transportation to and from school should they
be denied transportation because of suspension. In addition to the PHHS
Code of Conduct the following rules and regulations apply to insure the
safest, most enjoyable and efficient transportation for our students.
1.
Students must be at bus stop on time. Students should be at the bus stop
at least five (5) minutes before the bus arrives. The bus us operates on a
fixed schedule, and will leave PEC at 7:45 a.m. and PHHS at 2:45 p.m.
2.
While waiting at the bus stops, students must wait on the sidewalk or
designated area.
3.
Students must wait in an orderly manner and wait until the bus comes to
complete stop before approaching the bus.
4.
If it is necessary to cross the street or roadway, students must wait until
the driver signals them to cross, and they must cross the street or
roadway ten to fifteen (10-15) feet in front of the bus to ensure that the
driver sees them.
5.
Students must enter the bus single file and be seated as quickly as
possible.
6.
Upon leaving the bus; wait until the bus comes to a complete stop before
standing to exit. Standing is not permitted on a moving bus.
7.
Exit single file in an orderly manner and walk away from the bus.
8.
The bus operator may assign seats and will be directed to do so as a
matter of policy if he or she deems necessary.
9.
Pupils will obey promptly and willingly any reasonable directive of the
driver.
10. Outside of ordinary conversation, classroom conduct is to be observed.
Shouting, vulgar language or gestures are not permitted.
11. Pupils must remain seated with feet on the floor in front of them; not in
the aisle or draped over the seat back. Students must sit facing forward
while the bus is in motion as if they were wearing seatbelts.
12. Students may not board or depart from a bus at any other stop than that
which has been properly authorized by school authorities.
13. Pupils will not extend hands, arms, heads or objects from the bus
windows at any time.
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EXHIBIT
JK-ED
EXHIBIT
14. Pupils are not permitted to shout or gesture to passing vehicles or
pedestrians from the bus.
15. Pupils may not throw any object including trash or paper either from
within or out of the bus while waiting for, riding, or after leaving the bus.
A trash can is provided.
16. Riders must stay out of the driver's seat and may not tamper with any
operating equipment.
17. Students may not exit from the emergency door unless directed to do so
by the driver.
18. Eating and drinking food and beverages on the bus is prohibited. Neither
food nor liquids are permitted on the bus except in school lunch bags or
lunch boxes.
19. Other than necessary school books and backpacks all other items are not
permitted. See PHHS Student Handbook for an additional list of
prohibited items.
20. The use of cell phones and/or recording devices is specifically prohibited
on the bus.
The student should notify the principal's office of any lost or missing bus pass
immediately. A replacement bus pass will be issued for a non-refundable
charge of five dollars ($5).
Any student who misses the bus, regardless of reason, will be responsible to
find his or her own transportation to the intended destination.
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JKA
CORPORAL PUNISHMENT
The School disallows corporal punishment.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-843
CROSS REF.:
JK - Student Discipline
JKD - Student Suspension
JKE - Expulsion of Students
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JKD
STUDENT SUSPENSION
A student may be removed from contact with other students as a temporary
measure.
The authority to suspend a student for up to ten (10) days, after an informal
hearing is held, rests with the Executive Director. This authority may be
delegated to other administrators. If a danger to students or staff members
is present, the administrator may immediately remove the student from
School, with prior contact with the parents and with a notice and hearing
following as soon as practicable. Each suspension shall be reported to the
School Governing Body, within five (5) days, by the person imposing it.
[A.R.S. 15-843]
In all cases, except summary suspension where a clear and present danger is
evident, the student shall remain in school until applicable due process
procedures are instituted. In no instance shall students be released early
from school unless parents have been notified.
The Executive Director may designate a hearing officer for suspension
hearings.
Regular Education Students
Suspension for ten days or less:
Step 1: The student will receive notice, written or oral, of the reason for
suspension and the evidence the school authorities have of the alleged
misconduct.
After having received notice, the student will be asked for an
explanation of the situation.
The authorized School personnel shall make reasonable efforts to
verify facts and statements prior to making a judgment.
Step 2: Following Step 1:
Provided that a written record of the action taken is kept on file,
authorized School personnel may:
Suspend the student for up to ten (10) days.
Choose other disciplinary alternatives.
Exonerate the student.
Suspend the student for ten (10) days pending a
recommendation that the student be given a long-term
suspension or expulsion or both.
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When suspension is involved:
A parent must be notified before the student is allowed to
leave campus. If no parent contact can be made, the
student may be isolated until dismissal time and then given
a written message to the parents.
A letter to the parents will be written within a reasonable
time to explain the terms (including the possibility that a
long-term suspension and/or expulsion is being
recommended) and reasons for the suspension and to
request a meeting to solicit their help.
No appeal is available from a short-term suspension.
Suspension for over ten days:
Step 3: If the offense is one that could result in a suspension of over ten
(10) days, in addition to Step 1 and Step 2 a formal hearing will be
arranged and conducted by a hearing officer or by the Executive
Director.
Step 4: A formal letter to the responsible parent or guardian will be
mailed by certified mail with return receipt requested or delivered by
hand (with an adult witness present) at least five (5) working days prior
to the formal hearing. A copy of this letter will remain on file, and the
letter should contain the following information:
The charges and the rule violated.
The extent of the punishment to be considered.
The date, time, and place of the formal hearing.
A designation of the School's witnesses.
That the student may present witnesses.
That the student may be represented by counsel.
If a hearing officer has been designated, the name of the hearing
officer.
Step 5: A formal hearing will be held, during which the student will be
informed of the following:
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Nothing in these procedures shall be construed to prevent the
students who are subject to the action and their parents or legal
guardians and legal counsel from attending any executive (closed)
session pertaining to the proposed disciplinary action, or from
having access to the minutes and testimony of such session or
from recording such a session at the parent's or legal guardian's
expense.
The student is entitled to a statement of the charges and the rule
violated.
The student may be represented by counsel, without bias.
The student may present witnesses.
The student or counsel may cross-examine witnesses presented by
the School.
The burden of proof of the offense lies with the School.
Either the hearing must be recorded on tape or an official record
must be kept in some other appropriate manner. In addition,
parents are to be allowed to tape-record the hearing at their own
expense.
The School has the right to cross-examine witnesses, and may be
represented by an attorney.
Step 6: The decision and appeal procedure, if applicable, upon the
conclusion of the hearing will be as follows:
Upon the conclusion of a hearing by a hearing officer or the
Executive Director in which a decision of long-term suspension is
made, the decision may be appealed to the Governing Body. To
arrange such an appeal, the parent(s) of the suspended student or
the student must deliver to the Executive Director a letter
directed to the Governing Body within five (5) days after receiving
written notice of the long-term suspension. The letter must
describe in detail any objections to the hearing or the decision
rendered.
The appeal to the Governing Body will be on the record of the
hearing. The decision of the hearing officer or Executive Director
is final unless the Governing Body determines by a vote of at least
one more than a majority of those who vote that the student was
not afforded due process rights or that this policy was not followed
in all substantive respects.
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Special Education Students
Suspension for ten days or less. Short-term suspension (ten [10] days or
less) may be used for special education students for disciplinary reasons on
the same basis as for a regular education student. (It is not considered a
change of placement.)
Step 1: The student will receive notice, written or oral, of the reason for
suspension and the evidence the school authorities have of the alleged
misconduct.
After having received notice, the student will be asked for an
explanation of the situation.
The authorized School personnel involved shall make reasonable
efforts to verify facts and statements prior to making a judgment.
Step 2: Following Step 1:
Provided that a written record of the action taken is kept on file,
authorized School personnel may:
Suspend the student for up to ten (10) days.
Choose other disciplinary alternatives.
Exonerate the student.
Suspend the student for ten (10) days pending a
recommendation that the student be given a long-term
suspension or expulsion or both.
When suspension is involved:
A parent must be notified before the student is allowed to
leave campus. If no parent contact can be made, the
student may be isolated until dismissal time and then
given a written message to the parents.
A letter to the parents will be written within a reasonable
time to explain the terms (including the possibility that a
long-term suspension and/or expulsion is being
recommended) and reasons for the suspension and to
request a meeting to solicit their help.
No appeal is available from a short-term suspension.
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Suspension for over ten days
If a special education student is recommended for a suspension of more than
ten (10) days during the school year (a possible change in placement), a
manifestation determination conference must be held.
Step 3: A recommended suspension of a special education student for
more than ten (10) consecutive days, or a series of suspensions totaling
more than ten (10) days, may constitute a change of placement and
shall requires a manifestation determination conference. Such a
conference shall be for the purpose of determining whether or not the
offense is a manifestation of the student's disability.
Step 4: If the offense is not a manifestation of the disability of the
student, the student may be suspended by following the School policies
for students in general, provided that educational services are
continued during the period of disciplinary removal for a student with a
disability qualified under the Individuals with Disabilities Education
Act (IDEA). A student with a disability qualified for educational
services under the Americans with Disabilities Act or Section 504 of the
Rehabilitation Act of 1973, and not qualified under IDEA, may be
suspended or expelled from school, and educational services may be
ceased, if nondisabled students in similar circumstances do not
continue to receive educational services.
Step 5: If the behaviors are a manifestation of the disability of the
student, the School may not extend the suspension of the student
beyond the initial ten (10) school days.
An exception to the above allows for an IDEA qualified student to be given a
change in placement to an interim alternative educational setting for not
more than forty-five (45) days, in accord with federal law and regulation, if
the removal is for IDEA defined drug or weapons offenses or is based upon a
due process hearing officer's determination that injury to the child or another
is substantially likely if current placement is maintained.
Any interim alternative educational setting must be selected so as to enable
the child to continue to progress in the general curriculum, although in
another setting, and to continue to receive those services and modifications,
including those described in the child's current IEP; and include services and
modifications which are designed to prevent the behaviors for which the
placement was made from recurring. (Caution: refer to IDEA statutes and
regulations before implementing the exception.)
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JKD
Alternative to Suspension
Students meeting the following requirements may participate in an
alternative to suspension program described below at the determination of
the Executive Director:
Suspension from school has been determined as the punishment for an
offense and any appeal has been denied.
The immediate suspension was not due to:
Fighting or engaging in violent behavior
Threatening an educational institution
Selling, using or possessing weapons, firearms, explosives, or
dangerous instruments
Making a bomb threat
Engaging in arson
The student has not served more than one (1) short-term suspension or
alternative to suspension of ten (10) days or less during the current
academic year.
The student has admitted to or taken responsibility for the act upon
which suspension was imposed in a written statement signed by the
student and attested to by the student's parent or guardian.
The student and parent or guardian has received a written admonition
that the suspension as originally determined will be imposed
summarily and in its entirety should the student violate the conditions
or requirements of the Alternative to Suspension Program. (Note:
Follow appropriate dismissal procedures.)
Parent(s) or guardian(s) shall agree to participate by:
Providing transportation as necessary to and from the program
location.
Furnishing meals prepackaged or purchasing same for the
student.
Establishing and monitoring in consultation with the school a
supervisory routine limiting the student's contact to that which is
necessary with other students and friends during the program.
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The Alternative to Suspension Program is to be one of social isolation. It
shall be discipline intensive, requiring academic work and as determined
may involve community service, groundskeeping, and litter control. Parents
will participate by providing support and supervision.
Students will be isolated from others by means of barriers or distance at
a location determined by the School. No participation in any school
sponsored activity will be permitted during the program.
Communication by students with others will be limited to adult School
staff or as directed by the adult supervisor on duty.
Ordered study time will be established for each student consistent with
the number of classes in which the student is enrolled, divided
proportionately through the academic day.
Students are confined to their assigned areas and seats except as
designated by the supervisor. All personal maintenance will be planned
and approved by the supervisor.
Students are to bring all books, workbooks, paper and necessary
instruments for each class in which they are enrolled to the program
daily and take the same material home each day of the program.
Protocols for implementation of the Alternative to Suspension Program
following the requirements above may be established by the
administrator at each location.
Procedures and Conditions for
Readmission of Students Suspended
for More Than Ten Days
Early readmission procedures
The Executive Director may authorize early readmission of a student
suspended for more than ten (10) days. The student shall be considered for
readmission only upon completion of the major portion of the suspension
(usually one [1] day more than half [1/2] with consideration for the grading
period or academic division as necessary). The following conditions must be
met:
A written request must be submitted to the Executive Director on
behalf of the student by the student's parent or guardian asking for
readmission and requesting a meeting to determine any requirements.
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Accompanying the written request shall be a summary of the student's
activities and accomplishments during the suspension period written
and signed by the student and signed and attested to by the parent or
guardian. (Parents of elementary grade students may prepare the
summary.)
The request shall include a signed statement from local law
enforcement officials that there have been no infractions of local or state
codes for which the student could have been charged during the period
of the suspension.
At the time of the meeting to review the request the student may be
required to explain the incident or incidents leading up to the
suspension.
The determination to allow readmission may be based on, but not
limited to, the following elements:
The age of the student.
The frequency, type, and relative magnitude of previous
misbehavior by the student.
The relative severity of the event(s).
Whether the student's behavior violated civil or criminal laws.
The degree to which the incident(s) interfered with the
educational process.
The extent to which the event created endangerment to the
student, others or property.
Special intellectual, psychological, emotional, environmental and
physical characteristics of the student.
The student's attitude concerning the event(s).
The expressed intent concerning the student's future behavior.
Should early readmission be granted, the student, with parent or
guardian affirmation, shall agree to the following conditions:
Regular attendance—no unexcused absences.
No violation of school rules or policies.
Attendance at after school events for the remaining term of
suspension only with prior approval of the administration.
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Completion of all class tasks in timely fashion, as directed.
Student will receive supervision before and after school by
parental arrangement, travel directly to school and from school,
and report immediately to a supervisor for the balance of the term
of the suspension.
The student and parent or guardian shall receive a written admonition
that failure in the conditions required for early readmission will mean
summary imposition of the remainder of the suspension, and additional
punishment if indicated by the disciplinary policies and procedures of
the School.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-841
15-766
15-842
15-767
15-843
A.G.O. I78-103
I80-055
I78-218
I84-036
A.A.C. R7-2-401
R7-2-405
20 U.S.C. 1400 et seq., Individuals with Disabilities
Education Act
20 U.S.C. 7151 et seq., The Gun-Free School Act of 1990
29 U.S.C. 794 Rehabilitation Act of 1973, (Section 504)
CROSS REF.:
IHB - Special Instructional Programs
JR - Student Records
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© 2012 Arizona School Boards Association
EXHIBIT
JKD-EA
EXHIBIT
STUDENT SUSPENSION
AGREEMENT ON CONDITION OF ASSIGNMENT
TO ALTERNATIVE TO SUSPENSION PROGRAM
Conditions
We, the undersigned student, parent or guardian, agree to the conditions as
established in Governing Body policy concerning assignment to the
Alternative to Suspension Program. We further affirm that we will abide by
the protocols implemented by the administration of the school for
accomplishment of the conditions of policy.
We acknowledge receipt of this admonition that the original suspension will
be summarily reinstated should the student commit a violation of the
conditions for assignment to the Alternative to Suspension Program or a
criminal or civil violation reflecting on the school order.
________________________________________________
Student Signature
__________________
Date
________________________________________________
Parent/Guardian Signature
__________________
Date
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EXHIBIT
JKD-EB
EXHIBIT
STUDENT SUSPENSION
AGREEMENT ON CONDITION OF EARLY
READMISSION FOLLOWING LONG-TERM SUSPENSION
Readmission Conditions
We the undersigned student and parent or guardian agree to the following
conditions:
Regular attendance – no unexcused absence.
No violation of School rules or policies.
Completion of all classroom tasks in a timely fashion, as directed.
Limitation on the student's attendance or participation in after School
activities, School sports, and extracurricular events or activities.
We acknowledge receipt of this admonition that the original suspension will
be summarily reinstated should the student commit a violation of the
conditions for readmission or a criminal or civil violation reflecting on the
School order.
________________________________________________
Student Signature
__________________
Date
________________________________________________
Parent/Guardian Signature
__________________
Date
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JKE
EXPULSION OF STUDENTS
A recommendation to expel may be made through the administrator and
forwarded to the Executive Director. The authority to expel rests with the
Executive Director subject to change only if the Governing Body determines
by a vote of one or more than a majority of those who vote that the student
was not afforded due process rights or that this policy was not followed in all
substantive respects. All expulsions requested shall have supporting data
indicating the required due process procedure provided at the time of
recommendation.
Expulsion
Regular Education Students
Expulsion is the permanent exclusion of a student from school and school
activities, unless the Executive Director reinstates the student's privileges to
attend school.
Step 1: Each recommendation for expulsion shall be delivered to the
Executive Director.
Step 2: A recommendation for expulsion may be made before, after or in
conjunction with a long-term suspension hearing, if one is to be held.
Step 3: In each case in which a recommendation for expulsion receives
approval by the Executive Director, the Executive Director will
determine:
whether the nature of the accusations against the student justify
an expulsion hearing,
whether the hearing will be held before the Executive Director or
before a hearing officer,
to designate a hearing officer if one will be used, and
if the hearing will be conducted in executive session. Under
normal circumstances, the Executive Director will not review any
documents or other pertinent evidence during this initial
determination.
Step 4: The expulsion hearing should be scheduled so that it may be
resolved, if reasonably possible, during the period of any suspension.
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Step 5: A formal letter to the responsible parent or guardian will be
mailed by certified mail with return receipt requested or delivered by
hand (with an adult witness present) at least five (5) working days prior
to the formal hearing. A copy of this letter will remain on file, and the
letter should contain:
A statement of the charges and the rule violated.
The extent of the punishment to be considered.
The date, time, and place of the formal hearing.
A designation of the School's witnesses.
That the student may present witnesses.
That the student may be represented by counsel.
If a hearing officer has been appointed, the name of the hearing
officer and how the hearing officer may be contacted, or a
statement that the Executive Director will preside at the hearing.
Copies of this policy and A.R.S. 15-840 and 15-843 unless
previously provided in connection with the same infraction.
Step 6: The parent, guardian or emancipated student shall be informed
of the following:
Nothing in these procedures shall be construed to prevent the
students who are subject to the action and their parents or legal
guardians and legal counsel from attending any executive (closed)
session pertaining to the proposed disciplinary action, or from
having access to the minutes and testimony of such session or
from recording such a session at the parent's or legal guardian's
expense.
The student is entitled to a statement of the charges and the rule
violated.
The student may be represented by counsel, without bias.
The student may present witnesses.
The student or counsel may cross-examine witnesses presented by
the School.
The burden of proof of the offense lies with the School.
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Either the hearing must be recorded on tape or an official record
must be kept in some other appropriate manner. In addition,
parents are to be allowed to tape-record the hearing at their own
expense.
The School has the right to cross-examine witnesses, and may be
represented by an attorney.
If the hearing is held before a hearing officer, the hearing will be
conducted in private with the attendance of only the hearing
officer, administrative representatives, the student and parent(s),
counsel for the parties, and witnesses necessary to the
proceedings, unless the parent(s), guardian(s) or emancipated
student requests in writing that the hearing be open to public
attendance.
If the hearing is held before the Executive Director the Director
will conduct the hearing in executive session with the attendance
of only the administrative representatives, the student and
parent(s), counsel for the parties, and witnesses necessary to the
proceedings, unless the parent(s), guardian(s) or emancipated
student requests in writing that the hearing be open to public
attendance.
Step 7: A formal hearing will be held:
When a parent or legal guardian has disagreed that the hearing
should be held in executive (closed) session, it shall be held in an
open meeting unless:
If only one (1) student is subject to the proposed action, and
disagreement exists between that student's parents or legal
guardians, then the Executive Director (hearing officer),
after consultation with the student's parents or legal
guardians, shall decide in executive (closed) session
whether the hearing will be in executive (closed) session.
If more than one (1) student is subject to the proposed
action and disagreement exists between the parents of
different students, then separate hearings shall be held
subject to the provisions of A.R.S. 15-843.
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Step 8: The decision and appeal procedure, if applicable, upon the
conclusion of the hearing will be as follows:
Upon conclusion of a hearing conducted by a hearing officer or the
Executive Director, if expulsion is determined, the decision may
be appealed to the Governing Body. A formal letter to the
responsible parent or guardian will be mailed by certified mail
with return receipt requested or delivered by hand (with an adult
witness present) indicating the expulsion. A copy of this letter
will remain on file, and the letter should explain:
The time and place of the Governing Body meeting.
That the determination may be appealed at the Governing
Body meeting.
That the appeal shall be in writing delivered to the
Executive Director prior to the time of the Governing Body
meeting.
That the written appeal shall indicate a spokesperson on
behalf of the student.
That the spokesperson will be given time to speak to the
Governing Body on appeal.
The appeal to the Governing Body will be on the record of
the hearing. The decision of the hearing officer or Executive
Director is final unless the Governing Body determines by a
vote of one more than a majority of those who vote that the
student was not afforded due process rights or that this
policy was not followed in all substantive respects.
Special Education Students
A student qualified under the Individuals with Disabilities education Act
(IDEA) as revised in 1997 may not be expelled from school but in compliance
with federal law and regulation may be given a change in placement. The
Individualized Education Program Team generally determines a change in
placement of an IDEA qualified student. During any change in placement
the school must provide services to the extent necessary to enable the child to
appropriately progress in the general curriculum and appropriately advance
toward achieving the goals set out in the child's Individualized Education
Programs.
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A student with a disability qualified under the Americans with Disabilities
Act or Section 504 of the Rehabilitation Act of 1973 and not qualified under
the Individuals with Disabilities Education Act as revised in 1997, may be
suspended or expelled from school and education services may be ceased, if
nondisabled students in similar circumstances do not continue to receive
education services.
Readmittance Procedure:
A student expelled from the School may request readmittance by
making a written application to the Executive Director. Readmission is
at the discretion of the Executive Director. In addition, it is the
prerogative of the Governing Body to stipulate appropriate conditions
for readmittance. The application for readmittance shall occur no less
than nine (9) months after the date of the expulsion; however, the
student may not be readmitted until at least two (2) complete semesters
have passed (the remainder of the semester in which the violation has
occurred and two [2] additional semesters). The application must:
Be written and be directed to the attention of the Executive
Director.
Contain all information that the student and parent(s) consider
relevant to the determination as to whether or not to readmit the
student. This should include information indicating:
An appreciation by the student of the severity and
inappropriateness of the student's prior misconduct.
That such misconduct or similar misconduct will not be
repeated.
A description of the student's activities since the expulsion.
Support of the student's application for readmission.
It is important that the application for readmission contain all
information important in determining whether to readmit the student.
The Executive Director shall determine whether the student should be
readmitted, and, if so, under what restrictions and conditions. The
burden is on the student and parent(s) to have convinced the Executive
Director that readmission is appropriate considering the interests of the
expelled student, the School, and the interests of the other students and
staff members. The Executive Director decision is final.
A student may file more than one (1) application for readmission.
Applications subsequent to an initial application, however, may not be
filed more frequently than every ninety (90) days.
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JC-4900
JKE
© 2012 Arizona School Boards Association
Readmittance Conditions
As a condition for readmission from an expulsion, the student, with parent(s)
or guardian affirmation, shall agree to the following conditions:
Regular attendance – no unexcused absence.
No violation of school rules or policies.
Completion of all classroom tasks in a timely fashion, as directed.
Depending upon the nature of the original violation for which the
expulsion was provided, the student may be limited as to attendance or
participation in after school activities, school sports, and
extracurricular events or activities.
A student allowed readmission following expulsion shall receive a written
admonition that the original expulsion will be summarily reinstated should
the student commit a violation of the conditions for readmission or a criminal
or civil violation reflecting on the school order.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-841
15-766
15-842
15-767
15-843
A.G.O. I78-103
I80-055
I78-218
I84-036
A.A.C. R7-2-401
R7-2-405
20 U.S.C. 1400 et seq., Individuals with Disabilities
Education Act
20 U.S.C. 7151 et seq., The Gun-Free School Act of 1990
29 U.S.C. 794 Rehabilitation Act of 1973, (Section 504)
CROSS REF.:
IHB - Special Instructional Programs
JR - Student Records
PARADISE SCHOOLS
2/7/13
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JC-4931
© 2012 Arizona School Boards Association
EXHIBIT
JKE-E
EXHIBIT
EXPULSION OF STUDENTS
AGREEMENT ON CONDITION OF
READMISSION FOLLOWING EXPULSION
Readmission Conditions
We the undersigned student and parent or guardian agree to the following
conditions:
Regular attendance – no unexcused absence.
No violation of School rules or policies.
Completion of all classroom tasks in a timely fashion, as directed.
Limitation on the student's attendance or participation in after School
activities, School sports, and extracurricular events or activities.
We acknowledge receipt of this admonition that the original expulsion will be
summarily reinstated should the student commit a violation of the conditions
for readmission or a criminal or civil violation reflecting on the School order.
________________________________________________
Student Signature
__________________
Date
________________________________________________
Parent/Guardian Signature
__________________
Date
PARADISE SCHOOLS
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Page 1 of 1
JC-4950
© 2012 Arizona School Boards Association
JL
STUDENT WELLNESS
The School strives to make a significant contribution to the general well
being, mental and physical capacity, and learning ability of each student
while affording them the opportunity to fully participate in the educational
process.
The School is committed to providing school environments that promote and
protect children's health, well-being, and ability to learn by supporting
healthy eating and physical activity. Healthy eating is demonstrably linked
to reduced risk for mortality and development of many chronic diseases as
adults.
To ensure the health and well-being of all students, the Governing Body shall
promote and monitor student wellness in a manner that the Governing Body
determines is appropriate in the following areas:
Nutrition Guidelines: All foods available in each school during the day
will have as a primary goal the promotion of student health and the
reduction of childhood obesity. All guidelines for reimbursable school
meals shall not be less restrictive than regulations and guidance issued
by the Secretary of Agriculture, as those regulations and guidance
apply to schools.
Nutrition Education: The goal is to influence students' eating behaviors
by providing nutrition education that is appropriate for students' ages;
reflects students' cultures; is integrated into health education or core
curricula; and provides opportunities for students to practice skills and
have fun.
Physical Activity: The goals for physical activity are to provide
opportunities for every student to develop the knowledge and skills for
specific physical activities, to maintain students' physical fitness, to
ensure students' regular participation in physical activity, and to teach
students the short- and long-term benefits of a physically active and
healthful lifestyle.
Other School-Based Activities: The goal is to create a total school
environment that is conducive to healthy eating and physical activity.
Evaluation: A primary goal will be to regularly (at least annually)
evaluate the effectiveness of this policy in promoting healthy eating and
changing the program as appropriate to increase its effectiveness; and
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JC-4950
JL
© 2012 Arizona School Boards Association
Parent, Community and Staff Involvement: A primary goal will be to
engage family members, students, and representatives of the School
food authority, the Governing Body members, School administrators,
and the public in development and regular review of this School policy.
The Executive Director is directed to develop administrative regulations to
implement this policy, including such provisions as may be necessary to
address all food and beverages sold and/or served to students at School (i.e.,
competitive foods, snacks and beverages sold from vending machines, School
stores, after-School programs, and funding-raising activities and
refreshments that are made available at School parties, celebrations and
meetings), including provisions for staff development, family and community
involvement and program evaluation. Regulations and exhibits created for
the purpose of implementing this policy shall be considered, in effect, to be an
extension of this policy subject to Governing Body review.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-242
42 U. S. C. 1751 et seq. (National School Lunch Act)
42 U.S.C. 1771 et seq. (National School Lunch Act)
CROSS REF.:
IA - Instructional Goals and Objectives
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JC-4961
© 2012 Arizona School Boards Association
REGULATION
JL-RA
REGULATION
STUDENT WELLNESS
An annual report shall be made to the Governing Body members on the
School's compliance with law and policies related to student wellness. The
report may include but not be limited to:
Evaluation of the food services program.
Recommendations for policy and/or program revisions.
Review of all foods and beverages sold in schools for compliance with
established nutrition guidelines.
Assessment of school environment regarding student wellness issues.
Listing activities and programs conducted to promote nutrition and
physical activity.
Providing feedback received from School staff, students, parents/
guardians, and community members.
In accordance with the National School Lunch Act (42 U. S. C. 1751 et seq.)
and the Child Nutrition Act (42 U.S.C. 1771 et seq.), as amended, an
assurance that School guidelines for reimbursable meals are not less
restrictive than regulations and guidelines issued for schools in accordance
with federal law shall be provided annually. The Executive Director shall
receive assurances from all appropriate administrators and supervisors prior
to making the annual report.
Nutrition Education
Nutrition education shall focus on students' eating behaviors, be based on
theories and methods proven effective by research and be consistent with
state and local School health education standards. Nutrition education at all
levels of the curriculum shall include, but not be limited to, the following
essential components designed to help students learn:
Age-appropriate nutritional knowledge, including the benefits of
healthy eating, essential nutrients, nutritional deficiencies, principles
of healthy weight management, the use and misuse of dietary
supplements, safe food preparation, handling and storage and cultural
diversity related to food and eating;
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JC-4961
© 2012 Arizona School Boards Association
REGULATION
JL-RA
REGULATION
Age-appropriate nutrition-related skills, including, but not limited to,
planning a healthy meal, understanding and using food labels and
critically evaluating nutrition information, misinformation and
commercial food advertising; and
How to assess one's personal eating habits, set goals for improvement
and achieve those goals.
In order to reinforce and support nutrition education efforts, the guidelines
will ensure that:
Nutrition instruction provides sequential, comprehensive health
education in accordance with the Arizona Department of Education
curriculum regulations and academic standards;
Cooperation with agencies and community organizations is encouraged
to provide opportunities for appropriate student projects related to
nutrition;
Consistent nutrition messages are disseminated from the School
throughout the communities, homes and media; and
Nutrition education is extended beyond the School environment by
engaging and involving families and community.
Nutrition Guidelines and
Food Services Operations
All foods and beverages made available on campus during the School day are
to be consistent with the Arizona Nutrition Standards. Guidelines for
reimbursable School meals shall not be less restrictive than regulations and
guidance issued by the Secretary of Agriculture pursuant to law. The School
will create procedures that address all foods (including Foods of Minimal
Nutritional Value and Competitive Food Sales) available to students
throughout the School day in the following areas:
National School Lunch Program and School Breakfast Program Meals.
Á la carte offerings in the food service program.
Vending machines and school stores.
Classroom parties, celebrations, fund-raisers, rewards and school
events.
Snacks served in after-School programs.
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JC-4961
© 2012 Arizona School Boards Association
REGULATION
JL-RA
REGULATION
In keeping with the School's nutrition program goals, only food prepared or
obtained by the School's food services program should be served. This
includes classroom reward or incentive programs involving food items as well
as foods and beverages offered or sold at school-sponsored events outside the
school day. Approval is required to ensure that the foods served meet the
requirements of the School's nutrition policy and regulation (i.e., all foods
served fit in a healthy diet and contribute to the development of lifelong
healthy eating habits for the School's students).
Physical Activity
The School shall strive to provide opportunities for developmentally
appropriate physical activity during the School day for all students.
Other School-Based Activities
The goal for other School-based activities is to ensure whole-school
integration with the wellness program. The School will achieve the goal by
addressing elements that include, but are not limited to, School meal times,
dining environment, food as an incentive, marketing and advertising, skin
cancer prevention and sun safety, staff wellness, and staff development and
training.
Program Evaluation
In each School, the administration will ensure compliance with established
School-wide student wellness goals and will report on the school's compliance
to the Executive Director.
The School will, as necessary, revise the policy and develop action plans to
facilitate their implementation.
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JC-4962
© 2012 Arizona School Boards Association
REGULATION
JL-RB
REGULATION
STUDENT WELLNESS
Physical Activity Goals
The primary goal for the School's physical activity component is to provide
opportunities for every student to develop the knowledge and skills for
specific physical activities, maintain physical fitness, regularly participate in
physical activity, and understand the short- and long-term benefits of a
physically active and healthy lifestyle.
A comprehensive physical activity program encompasses a variety of
opportunities for students to be physically active, including physical
education, recess, walk-to-School programs, after-School physical activity
programs, health education that includes physical activity as a main
component, and physical activity breaks within regular classrooms.
Physical education (high school graduation requirements): Students
must, at the least, satisfy the state and School’s physical education credit
requirement.
Physical activity (time, frequency, and/or intensity): Schools will ensure
that students are moderately to vigorously active at least fifty percent (50%)
of the time while participating in physical education classes.
Physical activity outside of physical education: Schools may offer afterschool intramural programs and/or physical activity clubs that meet the
needs and interests of all students, including those who are not athletically
involved or those with special health care needs.
Recess to promote physical activity: Grades kindergarten (K) through six
(6) will have recess or physical education classes daily.
Walking or biking to School to promote physical activity: The School
shall annually review safe routes for students who walk or bike to school.
Prohibition of use of punishment: The School will discourage the use of
physical activity as punishment, the withholding of participation in physical
education class as punishment, or the use of physical education class time to
complete assignments from other classes.
After-School programs: The School shall encourage after-school programs
to provide developmentally appropriate physical activity for participating
children and reduce or eliminate the time spent in sedentary activities such
as watching television or videos.
Community use: The School shall encourage community access to, and
student and community use of, the School's physical activity facilities outside
the normal school day.
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JC-5100
© 2012 Arizona School Boards Association
JLC
STUDENT HEALTH SERVICES
AND REQUIREMENTS
The Executive Director shall establish procedures for the student health
services program in the School. Such procedures will provide for:
Administration of patent or proprietary medications (over-the-counter
[OTC] medications) in compliance with Arizona Revised Statutes and
School policies.
Administration of prescription medications in compliance with Arizona
Revised Statutes and School policies.
Administration of immunizations in conjunction with the County
Health Department and in compliance with Arizona Revised Statutes.
Providing preventive health information.
The treatment of School-related injuries/illnesses, and recommendation
for follow-up care.
Screening clinics for selected physical impairments.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-344
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JC-5200
© 2012 Arizona School Boards Association
JLCB
IMMUNIZATIONS OF STUDENTS
Subject to the exemptions as provided by law, immunization against
diphtheria, tetanus, pertussis, poliomyelitis, rubeola (measles), mumps,
rubella (German measles), hepatitis B, haemophilus influenzae b (Hib), and
vericella is required for attendance of a student in school. A student's
immunization record must be submitted prior to attendance, although a
student may be conditionally enrolled provided that necessary immunizations
have been initiated and a schedule has been established for completion of the
required immunizations. The School administrator shall review the school
immunization record at least twice each school year until the pupil receives
all of the required immunizations. A student shall not be allowed to attend
School without submitting documentary proof of compliance to the
administrator unless the student is exempted from immunization. On
enrollment, the administrator shall suspend that student if the student does
not have documentary proof of compliance and the student is not exempted
from immunization. A student who fails to comply with the immunization
schedule shall be suspended from School attendance until documentary proof
of compliance is provided to the administrator, except that a homeless
student shall not be suspended from attendance until the fifth (5th) calendar
day after enrollment.
Any student with serologic confirmation of the presence of specific antibodies
against a vaccine-preventable disease shall not be subject to immunization
against that disease as a condition for attending School.
The School will cooperate with county and state health departments in
programs of immunization. Parents' permission must be secured before a
student may participate in such immunization projects.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-872
15-873
15-874
A.A.C. R9-6-701 through 707
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JC-5211
JLCB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
IMMUNIZATIONS OF STUDENTS
Subject to the exemptions in A.R.S. 15-873, immunization against each of the
following diseases is required for attendance of a child in any school:
Diphtheria;
Tetanus;
Hepatitis B;
Pertussis;
Poliomyelitis;
Measles (rubeola);
Mumps;
Rubella (German measles);
Haemophilus influenzae type b (Hib);
Varicella; and
Meningococcal.
Hepatitis A, for a child one (1) through five (5) years of age in a day care
program in Maricopa County.
Unless exempt in accord with R9-6-706, the schedule for compliance with the
requirement for immunization against varicella is:
Grade student entering
Kindergarten (K) through grade four (4)
and grades seven (7) through ten (10)
2008
Kindergarten (K) through grade five (5)
and grades seven (7) through eleven (11)
2009
Kindergarten (K) through grade twelve (12)
2010
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JC-5211
JLCB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
Unless exempt in accord with R9-6-706, the schedule for compliance for a
student eleven (11) years or older who has not previously received the
meningococcal vaccine is:
Grade student entering
as of September 1,
Grade six (6)
2008
Grades six (6) and seven (7)
2009
Grades six (6) through eight (8)
2010
Grades six (6) through nine (9)
2011
Grades six (6) through ten (10)
2012
Grades six (6) through eleven (11)
2013
Grades six (6) through twelve (12)
2014
The preceding schedules will remain in effect unless the school is notified by
the Arizona Department of Health Services of a modification to one (1) or
both of the schedules.
A child is in compliance with the requirements if the child has met the
criteria of the appropriate immunization schedule as recommended by the
Department of Health Services or is actively in the process of meeting such
criteria as evidenced by having received one (1) dose of each of the required
immunizations and has established a schedule for completion of the required
immunizations.
A child shall not be allowed to attend school without submitting documentary
proof to the school administrator unless the child is exempted from
immunization pursuant to section 15-873. Upon enrollment, schools shall
forbid attendance or (suspend) a student not meeting the requirements for
immunization or exemption from immunization. Homeless students shall be
referred to the liaison for homeless students and shall not be required to
comply with the immunization requirements until the fifth (5th) calendar day
after enrollment.
The admitting official shall deem the student to be in compliance with the
requirements of this regulation if:
The student's immunization record complies with the documentary
proof required pursuant to A.A.C. R9-6-704, and the student has
received or is in the process of receiving all required age-specific vaccine
doses according to exhibit JLCB-EA; or
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JC-5211
© 2012 Arizona School Boards Association
REGULATION
JLCB-R
REGULATION
An exemption from immunization is submitted in accordance with the
procedures set forth in R9-6-706.
When the student's immunization record is not available at the time of
enrollment, the School shall provide the responsible person with the
following:
Notification of the lack of compliance with the immunization
requirements;
A written notice that specifies when the required doses shall be
completed, notes the availability of exemptions to immunization, and
refers the student to a physician or local health department for review
of the student's immunization history and provision of immunizations
as needed; and
Notification that the student is suspended in accordance with 15-872
until an acceptable immunization record that meets the standards of
documentary proof is presented to the School.
When immunization records are presented that do not comply with the
standards for documentary proof, the School shall:
Notify the responsible person of the lack of compliance with the
immunization requirements; and
Obtain a review and verification of the student's immunization record
by or in consultation with a certificated school nurse, a public health
nurse, a licensed physician, or an authorized representative of a local
health department.
If the admitting official is unable to verify the accuracy of the student's
immunization record pursuant to the preceding paragraph, the School shall
provide to the responsible person:
A written referral to a physician or local health department for further
review of the student's immunization history and provision of
immunizations as needed; and
Notification that the student is suspended until an immunization
record that meets the standards of documentary proof is presented to
the School.
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JC-5211
© 2012 Arizona School Boards Association
REGULATION
JLCB-R
REGULATION
Each school shall maintain a current list of students without evidence of
immunization or immunity to the diseases listed in R9-6-702, which shall
include the names of all students with incomplete immunization histories or
exemptions for personal or medical reasons where evidence of immunity has
not been provided.
Schools shall forbid attendance by a student lacking proof of immunization or
immunity against any of the immunization-preventable diseases as
determined by the State Department of Health Services or local health
department during periods of outbreaks of the diseases for which immunity is
lacking. The announcement of an outbreak of disease and the length of the
period of communicability shall be as declared by the state or local health
department.
Standards for Documentary Proof
Proof of immunity to the diseases listed in R9-6-702 shall be documented in
accordance with R9-6-704.
Immunization records or statements of immunity shall be signed by a
physician or authorized representative of a health agency.
Exemptions to Immunizations
Students who have reached their fifth (5th) birthday shall be exempt from
the Hib immunization requirement.
Students who have reached their seventh (7th) birthday shall be exempt from
the pertussis immunization requirement.
Any student with laboratory evidence of immunity shall not be subject to
immunization against that disease as a condition for attending school,
provided that such evidence is submitted to the school.
In accordance with A.R.S. 15-873, documentary proof is not required for a
student to be admitted to School if one (1) of the following occurs:
The parent or guardian of the student submits a signed statement to
the School administrator stating that the parent or guardian has
received information about immunizations provided by the Department
of Health Services, understands the risks and benefits of
immunizations and the potential risks of nonimmunization, and that,
due to personal beliefs, the parent or guardian does not consent to the
immunization of the student.
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JC-5211
© 2012 Arizona School Boards Association
REGULATION
JLCB-R
REGULATION
The School administrator receives written certification, signed by the
parent or guardian and by a physician, that states that one (1) or more
of the required immunizations may be detrimental to the student's
health and indicates the specific nature and probable duration of the
medical condition or circumstance that precludes immunization.
An exemption pursuant to the preceding subparagraph is valid only during
the duration of the circumstance or condition that precludes immunization.
If a medical exemption is granted in accordance with A.R.S. 15-873, it shall
be defined by the grantor as either permanent or temporary.
A permanent medical exemption may be provided for one (1) or more
vaccines.
A temporary medical exemption shall specify the date of its
termination. A student with a temporary medical exemption shall be
allowed to attend school on the condition that the required
immunizations are obtained at the termination of the exemption. The
responsible person shall be notified of the date by which the student
shall complete all required immunizations.
Any exemption granted in accordance with A.R.S. 15-873 shall be recorded on
the School immunization record in the student's permanent file.
Students who lack documentary proof of immunization shall not attend
School during outbreak periods of communicable immunization-preventable
diseases as determined by the Department of Health Services or local health
department. The Department of Health Services or local health department
shall transmit notice of this determination to the School administrator
responsible for the exclusion of the students.
Reporting Communicable Diseases
The administrator of a school shall submit by telephone a report to the local
health department any case, suspected case, or outbreak of a communicable
disease as follows:
Within twenty-four (24) hours after detecting a case or suspected case
of:
Cryptosporidiosis
Enterohemorrhagic Escherichia coli
Haemophilus influenzae: invasive disease
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JC-5211
JLCB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
Hepatitis A
Measles
Meningococcal invasive disease
Mumps
Pertussis (whooping cough)
Rubella (German measles)
Salmonellosis
Shigellosis
Within twenty-four (24) hours after detecting an outbreak of:
Conjunctivitis: acute
Diarrhea, nausea, or vomiting
Scabies
Streptococcal Group A infection
Within five (5) working days after detecting a case or a suspected case
of:
Campylobacteriosis
Varicella (chicken pox)
The report shall include:
The name and address of the school
The number of individuals having the disease, infestation, or symptoms
The date and time the disease or infestation was detected or the
symptoms began
The number of rooms, grades, or classes affected and the name of each
Information about each affected individual to include:
Name,
Date of birth or age,
Residential address and telephone number,
Whether the individual is a staff member, student, child in care,
or a resident,
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JLCB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
The number of individuals attending or residing in the school, and
The name, address, and telephone number of the person making the
report.
Other Required Reports
By November 15 of each year, the Executive Director shall submit a report on
the immunization status of students to the state or local health department
on a form provided by the Department.
The Executive Director of a school whose nurses are authorized to administer
vaccines or immunizing agents shall submit monthly reports to the county
health department in accordance with the procedures set forth in R9-6-707.
Reports are due by the fifth (5th) day of the following month.
An immunization record shall be maintained for each student in the School.
Each immunization record shall include the following information:
Name of the student;
Date of birth;
The date of the student's admission to the school;
The month and year in which each vaccine was received, except for
measles, mumps, and rubella, for which the day, month, and year are
required;
The type of immunizing agents administered to the student;
The date each dose of immunizing agent is administered to the student;
and
The established schedule for completion of immunizations if the student
is admitted to or allowed to continue to attend a school pursuant to
section 15-872, subsection E.
By November 15 of each year, each administrator of a public-school-based
day care program or preschool shall submit a report to the state or local
health department on a form provided by the Department.
A school shall transfer an immunization record and signed requests for
provision of immunizations, including any revocations thereof, with the
mandatory permanent student record and provide at no charge, on request, a
copy of the immunization record to the parent or guardian of the pupil.
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JC-5231
© 2012 Arizona School Boards Association
EXHIBIT
JLCB-E
EXHIBIT
IMMUNIZATION OF STUDENTS
2012-2013 ARIZONA SCHOOL
IMMUNIZATION REQUIREMENTS
Age
Grade
Under Age
Seven (7)
Seven (7)
through
ten (10) years
Eleven (11)
years
and older
Eleven (11)
years
and older
Kindergarten
(K) and above
Kindergarten
(K) through fifth
(5th) grades
Sixth (6th)
through tenth
(10th)
grades only
Eleventh (11th)
and twelfth
(12th) grades
One (1) Tdap
dose is
required when
five (5) years
have passed
since the last
DTaP, DTP,
DT, or Td.
Students who
have not already
received Tdap
are required to
receive one (1)
Tdap dose when
ten (10) years
have passed
since the last
DTaP, DTP, DT,
or Td.
Vaccines
DTaP / DTP /
DT
Four (4) to five
(5) doses.
(Diphtheria,
tetanus,
accellular
pertussis)
At least one (1)
dose at four (4)
years of age or
older is
required.
History of four
(4) DTaP or a
total of three (3)
tetanus and
diphtheria doses
given after
twelve (12)
months of age.
Students
starting or
finishing the
first three (3)
tetanus and
diphtheria
doses of their
lifetime must
receive one (1)
Tdap as part
of the three (3)
dose series.
A sixth (6th)
dose is required
if five (5) doses
have been
given before
four (4) years
of age.
Td
Tdap
PARADISE SCHOOLS
2/7/13
Students
starting or
finishing the
first three (3)
tetanus and
diphtheria doses
of their lifetime
must receive one
(1) Tdap as part
of the three (3)
dose series.
Not required for
eleven plus (11+)
year
olds
in
these grades
Page 1 of 2
JC-5231
© 2012 Arizona School Boards Association
EXHIBIT
JLCB-E
EXHIBIT
One (1) dose
Meningococcal
One (1) dose
recommended,
but not required
for eleventh
(11th) and
twelfth (12th)
graders in the
2012-2013
school year
Three (3) to Four (4) doses
Polio
Three (3) doses meet the requirement if the third (3rd) dose was
given at four (4) years or older.
Four (4) doses meet the requirement even if all four (4) doses were
given in the first (1st) year of life.
MMR
(Measles,
mumps,
rubella)
Hepatitis B
Two (2) doses
A third (3rd) dose will be required if dose number one (1) was given
before more than four (4) days before the child’s 1st birthday.
Three (3) doses
A fourth (4th) dose will be required if the third (3rd) dose was given
before twenty-four (24) weeks of age.
One (1) dose is required if the first (1st) dose was given before thirteen
(13) years of age.
Varicella
(Chickenpox)
Two (2) doses are required if the first (1st) dose was given at thirteen
(13) years of age or later.
Students attending school or preschool in Arizona prior to 9/1/2011
with parental recall of chicken pox disease are allowed to continue
attendance with parental recall of disease. Students enrolling in an
Arizona preschool or school for the first time after 9/1/11 are required to
present proof of varicella immunization or a valid exemption for
medical reasons, laboratory evidence of immunity or personal beliefs
Exceptions and Additions
to the Rules
Parents whose religious beliefs do not allow immunization must sign a
religious exemption form. A medical exemption form must be signed by the
child's doctor if there is lab evidence of immunity or a medical reason why the
child cannot receive shots. A copy of the lab results must be kept on file to
prove the child's immunity.
Source: Arizona Immunization Program Office
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-5250
© 2012 Arizona School Boards Association
JLCC
COMMUNICABLE / INFECTIOUS
DISEASES
Any student with, or recovering from, a communicable disease will not be
permitted in school until the period of contagion is passed or until a physician
recommends a return, in accordance with A.R.S. 36-621 et seq., appropriate
regulations of the State Department of Health Services, and policies of the
County Health Department.
Parents will be requested to provide a history of the communicable diseases
for each student, and such records will be kept and maintained by the School.
A student suffering from a communicable disease shall be excluded from
School to protect the student's own welfare and also to protect other students
from illness. Early recognition of a communicable disease is of prime
importance. The School administrator or county health director shall make
the decision for exclusion and readmission.
Pediculosis (Lice Infestation)
Students with pediculosis shall be excluded from School until treatment
specific for pediculosis has been initiated and the student is symptom free.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-871
15-872
36-621
A.A.C. R9-6-202 et seq.
R9-6-301
R9-6-342
R9-6-355
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-5300
© 2012 Arizona School Boards Association
JLCCA
ACQUIRED IMMUNE DEFICIENCY
SYNDROME
AND HUMAN IMMUNODEFICIENCY
VIRUS INFECTIONS
Students ill with HIV virus or acquired immune deficiency syndrome (AIDS)
have a right to receive a public education. The School has a responsibility to
assure a safe environment for all of its students and employees and directs
that:
Infected students receive a public education.
Information be provided for parents, faculty and staff members, and
other concerned persons concerning the actual and potential dangers of
transmission of the disease.
Decisions concerning the educational placement of infected students be
determined upon the best medical knowledge available and on a caseby-case basis.
Restrictions be placed upon a student as required by Department of
Health Services regulations, advice of the County Health Department,
and advice of a physician selected by the School.
Protection for the rights of privacy of each infected student be a
primary consideration.
Decision(s) regarding the type of educational setting for the student who is
infected with HIV virus shall be based upon the behavior, neurologic
development, and physical and mental condition of the student.
Recommendations will be made upon consultation with public health
personnel, school officials, the student's physician and parents, and, at the
discretion of the School, a physician selected by the Executive Director.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-871
15-872
A.A.C. R9-6-331
R9-6-702 et seq.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-5350
© 2012 Arizona School Boards Association
JLCD
MEDICINES / ADMINISTERING
MEDICINES TO STUDENTS
Under certain circumstances, when it is necessary for a student to take
medicine during School hours, the School will cooperate with the family
physician and the parents if the following requirements are met:
There must be a written order from the physician stating the name of
the medicine, the dosage, and the time it is to be given.
There must be written permission from the parent to allow the School
or the student to administer the medicine. Appropriate forms are
available from the School office.
The medicine must come to the School office in the prescription
container or, if it is over-the-counter medication, in the original
container with all warnings and directions intact.
Exceptions:
Students who have been diagnosed with anaphylaxis may carry and
self-administer emergency medications including auto-injectable
epinephrine provided the pupil's name is on the prescription label, on
the medication container or device and annual written documentation
from the pupil's parent or guardian is provided that authorizes
possession and self-administration. The student shall notify the School
office secretary as soon as practicable following the use of the
medication;
For breathing disorders, handheld inhaler devices may be carried for
self administration provided the pupil's name is on the prescription
label, on the medication container, or on the handheld inhaler device
and annual written documentation from the pupil's parent or guardian
is provided that authorizes possession and self-administration.
Students with diabetes who have a diabetes medical management plan
provided by the student's parent or guardian, signed by a licensed
health professional or nurse practitioner as specified by A.R.S. 15344.01, may carry appropriate medications and monitoring equipment
and self-administer the medication.
School employees may volunteer to be a student's diabetes care assistant,
subject to approval by the student's parent or guardian, in an emergency
situation as described in 15-344.01. The Executive Director may develop
regulations for implementing this provision.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-5350
© 2012 Arizona School Boards Association
JLCD
The School reserves the right, in accordance with procedures established by
the Executive Director, to circumscribe or disallow the use or administration
of any medication on School premises if the threat of abuse or misuse of the
medicine may pose a risk of harm to a member or members of the student
population.
This policy and any related policies or amendments to such policies shall be
forwarded to the School liability insurance carrier for review.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-344
32-1601
32-1901
CROSS REF.:
EBC-RC - Emergencies (First Aid)
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-5361
© 2012 Arizona School Boards Association
REGULATION
JLCD-R
REGULATION
MEDICINES / ADMINISTERING
MEDICINES TO STUDENTS
(Medication Procedures)
Prescription Drugs
For occasions when it is necessary for a student to receive a prescription drug
during the School day, the following procedure has been established to ensure
the protection of the School and the student and to assure compliance with
existing rules and regulations:
Administration by School personnel:
The medication must be prescribed by a physician.
The parent or guardian must provide written permission to administer
the medicine to the student. Appropriate forms are available from the
School office.
The medication must come to the School office in the prescription
container as put up by the pharmacist. Written directions from the
physician or pharmacist must state the name of the patient, the name
of the medicine, the dosage, and the time it is to be given.
An administrator may designate a School employee to administer the
medication.
Two (2) or more School employees, subject to final approval by the
student's parent or guardian, may volunteer to serve as diabetes care
assistants in an emergency as follows:
The parent or guardian must provide to the School an unexpired
glucagon kit prescribed for the student by an appropriately
licensed health care professional or nurse practitioner.
The volunteer diabetes care assistant has provided to the School a
written statement signed by an appropriately licensed health
professional that the voluntary diabetes care assistant has
received proper training in the administration of glucagon,
including the training specified in A.R.S. 15-344.01.
A School employee shall not be subject to any penalty or
disciplinary action for refusing to serve as a voluntary diabetes
care assistant.
PARADISE SCHOOLS
2/7/13
Page 1 of 3
JC-5361
© 2012 Arizona School Boards Association
REGULATION
JLCD-R
REGULATION
The School, employees of the School, and properly licensed
volunteer health professionals and nurse practitioners are
immune from civil liability for the consequences of the good faith
adoption and implementation of policies and procedures pursuant
to School policy and this regulation.
Each administration of prescription drugs must be documented, making
a record of the student having received the medication.
Drugs must be kept in their original containers in a locked medicine
cabinet.
Self-administration:
When the physician feels it is necessary for the student to carry and
self-administer the medication, the physician shall provide written
recommendations, to be attached to the signed parent permission form
except in the case of medication for diagnosed anaphylaxis and
breathing disorders requiring handheld inhaler devices. In these cases
the student's name on the prescription label is sufficient for the
physician's recommendation.
The student's diabetes medical management plan provided by the
parent or guardian shall be signed by the appropriately licensed health
professional or nurse practitioner and shall state that the student is
capable of self-monitoring blood glucose and shall list the medications,
monitoring equipment, and nutritional needs that are medically
appropriate for the pupil to self-administer and that have been
prescribed or authorized for that student. The student must be able to
practice proper safety precautions for the handling and disposal of the
equipment and medications that the student is authorized to use under
these provisions. The pupil's diabetes medical management plan shall
specify a method to dispose of equipment and medications in a manner
agreed on by the parent or guardian and the School.
The parent or guardian must provide written permission for the student
to self-administer and carry the medication. Appropriate forms are
available from the School office.
The medication must come in the prescription container as put up by
the pharmacist.
Over-the-Counter Medication
When it is necessary for a student to receive a medicine that does not require
a prescription order but is sold, offered, promoted, and advertised to the
general public, the following procedure has been established to ensure the
protection of the School and the student:
PARADISE SCHOOLS
Page 2 of 3
2/7/13
JC-5361
© 2012 Arizona School Boards Association
REGULATION
JLCD-R
REGULATION
Administration by School personnel:
Written permission must be provided by the parent or guardian for the
administration of specific over-the-counter drugs.
Any over-the-counter drug or medicine sent by the parent to be
administered to a student must come to the School office in the original
manufacturer's packaging with all directions, dosages, compound
contents, and proportions clearly marked.
An administrator may designate a School employee to administer a
specific over-the-counter drug.
Each instance of administration of an over-the-counter drug must be
documented in the daily log.
Over-the-counter drugs must be kept in their original containers in a
locked medicine cabinet.
Self-administration:
Written permission must be provided by the parent or guardian for the
administration of specific over-the-counter drugs by the student.
Over-the-counter drugs or medicine sent by the parent to be
administered by the student must be kept by the student in the original
manufacturer's packaging, with all directions, dosages, compound
contents, and proportions clearly marked.
Necessity for self-administration of an over-the-counter drug or
medicine shall be determined by the student's physician and must be
verified by a signed physician's statement attached to the parent or
guardian permission form, indicating the specific drug or medicine.
Protection of Students
Use or administration of medication on School premises may be disallowed or
strictly limited if it is determined by the Executive Director, in consultation
with medical personnel, that a threat of abuse or misuse of the medicine may
pose a risk of harm to a member of the student population.
The student shall take extraordinary precautions to keep secure any
medication or drug, and under no circumstances shall make available,
provide, or give the item to another person. The student shall immediately
report the loss or theft of any medication brought onto School campus.
Violation of this regulation may subject the student to disciplinary action.
PARADISE SCHOOLS
2/7/13
Page 3 of 3
JC-5381
© 2012 Arizona School Boards Association
EXHIBIT
JLCD-E
EXHIBIT
MEDICINES / ADMINISTERING
MEDICINES TO STUDENTS
REQUEST FOR GIVING MEDICINE AT SCHOOL
Name ________________________________________ Grade
_________________
Teacher ______________________________________ School _________________
Medication _____________________________________________________________
Diagnosis/reason for giving _____________________________________________
Time to be given _______________ a.m. Time to be given _______________ p.m.
Dates from ____________________________ to ______________________________
Prescription medication must be in the original container as prepared by a
pharmacist and labeled, including the patient name, name of medication,
dosage, and time to be given. An over-the-counter medication must be in the
original packaging, with all directions, dosages, compound contents, and
proportions clearly marked. Student misuse of medication being selfadministered may result in seizure and disciplinary action.
__________________________________________
Parent's or Guardian's Signature
________________________
Date
A signed physician's statement indicating the necessity must accompany any
request for self-administration of medicine, whether it is prescription or overthe-counter medicine except in the case of medication for diagnosed
anaphylaxis and breathing disorders requiring handheld inhaler devices. In
these cases the student's name on the prescription label is sufficient for the
physician's recommendation.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-5550
© 2012 Arizona School Boards Association
JLDA
SCHOOL COUNSELORS AND
PSYCHOLOGISTS
Psychological services, including testing, are available to students through
the public schools. Initial referrals for psychological evaluations may come
from certificated staff members or parents, or from the student.
Prior written or oral consent of a parent or the legal guardian of a minor child
must be obtained in the manner and as required by A.R.S. 36-2272 to
procure, solicit to perform, arrange for the performance of or perform mental
health screening in a nonclinical setting or mental health treatment on a
minor. Eligible student (age eighteen [18] years and beyond) authorization
must be obtained prior to the referral or performance of a mental health
screening or mental health treatment as described above, except as otherwise
provided by law or a court order. These restrictions do not apply when an
emergency exists that requires a person to perform mental health screening
or provide mental health treatment to prevent serious injury to or save the
life of a minor child.
A school psychologist shall administer preliminary tests to determine the
need for psychological evaluations.
Referrals to outside agencies shall be made only with parental or eligible
student authorization, except as otherwise provided by law or a court order.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 36-2272
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-6250
© 2012 Arizona School Boards Association
JLF
REPORTING CHILD ABUSE /
CHILD PROTECTION
Any School personnel or any other person who reasonably believes that a
minor is or has been the victim of physical injury, child abuse, or neglect that
appears to have been inflicted upon the minor by other than accidental
means or that is not explained by the available medical history as being
accidental in nature or who reasonably believes there has been a denial or
deprivation of necessary medical treatment or surgical care or nourishment
with the intent to cause or allow the death of an infant who is protected
under A.R.S. 36-2281 shall immediately report or cause reports to be made of
such information to a peace officer or to the Child Protective Services (CPS) of
the Department of Economic Security, except if the report concerns a person
who does not have care, custody, or control of the minor, the report shall be
made to a peace officer only. Such reports shall be made immediately by
telephone or in person and shall be followed by a written report within
seventy-two (72) hours. Pursuant to A.R.S. 13-3620, such reports shall
contain:
The names and addresses of the minor, the parents, or the person or
persons having custody of such minor, if known.
The minor's age and the nature and extent of the minor's abuse, child
abuse, or physical injuries or neglect, including any evidence of previous
abuse, child abuse, physical injury or neglect.
Any other information that such person believes might be helpful in
establishing the cause of the abuse, child abuse, physical injury or
neglect.
A person who furnishes a report, information, or records required or
authorized under Arizona Revised Statutes or a person who participates in a
judicial or administrative proceeding or investigation resulting from a report,
information or records required or authorized under Arizona Revised
Statutes is immune from any civil or criminal liability by reason of that
action unless such person has acted with malice or unless such person has
been charged with or is suspected of abusing or neglecting the child or
children in question.
A report is not required under A.R.S. 13-3620 for conduct prescribed by
A.R.S. 13-1404 and 13-1405 if the conduct involves only minors who are
fourteen (14), fifteen (15), sixteen (16) or seventeen (17) years of age and
there is nothing to indicate that the conduct is other than consensual.
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-6250
© 2012 Arizona School Boards Association
JLF
A person who fails to report abuse as provided in A.R.S. 13-3620 is guilty of a
class 1 misdemeanor, except if the failure to report involves a reportable
offense, the person is guilty of a class 6 felony.
Any certificated person or Governing Body member who reasonably suspects
or receives a reasonable allegation that a person certificated by the
Department of Education has engaged in conduct involving minors that
would be subject to the reporting requirements of A.R.S. 13-3620 shall report
or cause reports to be made to the Department of Education in writing as
soon as is reasonably practicable but not later than three (3) business days
after the person first suspects or receives an allegation of the conduct.
Any school employee who has orally reported to CPS or a peace officer a
reasonable belief of an offense to a minor must provide written notification to
the administrator of the oral report not later than the next workday following
the making of the report.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 8-201
13-1404 et seq.
13-1410
13-3019
13-3212
13-3506
13-3506.01
13-3552
13-3553
13-3608
13-3619
13-3620
13-3623
15-514
46-451
46-454
CROSS REF.:
GBEB - Staff Conduct
GBEBB - Staff Conduct With Students
JKA - Corporal Punishment
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-6261
JLF-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
REPORTING CHILD ABUSE /
CHILD PROTECTION
Abuse means the infliction or allowing of physical injury, impairment of
bodily function, or disfigurement, or the infliction of or allowing another
person to cause serious emotional damage as evidenced by severe anxiety,
depression, withdrawal, or untoward aggressive behavior, and which
emotional damage is diagnosed by a medical doctor or psychologist pursuant
to A.R.S. 8-821, and which is caused by the acts or omissions of an individual
having care, custody, and control of a child. Abuse shall include inflicting or
allowing sexual abuse pursuant to A.R.S. 13-1404, sexual conduct with a
minor pursuant to A.R.S. 13-1405, sexual assault pursuant to A.R.S. 13-1406,
molestation of a child pursuant to A.R.S. 13-1410, commercial sexual
exploitation of a minor pursuant to A.R.S. 13-3552, sexual exploitation of a
minor pursuant to A.R.S. 13-3553, incest pursuant to A.R.S. 13-3608, or child
prostitution pursuant to A.R.S. 13-3212.
Child, youth, or juvenile means an individual who is under the age of
eighteen (18) years.
Abuses classified by statute as "reportable offenses" are:
Indecent exposure [A.R.S. 13-1402]
Public sexual indecency to a minor [A.R.S. 13-1403]
Sexual abuse [A.R.S. 13-1404]
Sexual conduct with a minor [A.R.S. 13-1405]
Sexual assault [A.R.S. 13-1406]
Molestation of a child [A.R.S. 13-1410]
Furnishing items that are harmful to a minor via the internet [A.R.S.
13-3506.01]
Surreptitious photographing, videotaping, filming, or digitally recording
of a minor [A.R.S. 13-3019]
Incest [A.R.S. 13-3608]
Child prostitution [A.R.S. 13-3212]
Commercial sexual exploitation of a minor [A.R.S. 13-3552]
Sexual exploitation of a minor (concerning visual depiction of a minor
engaged in exploitive exhibition or other sexual conduct) [A.R.S. 133553]
Luring a minor for sexual exploitation [A.R.S. 13-3554]
Admitting a minor to public displays of sexual conduct [A.R.S. 13-3558]
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-6281
JLF-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
REPORTING CHILD ABUSE /
CHILD PROTECTION
SUSPECTED ABUSE, PHYSICAL INJURY, CHILD ABUSE,
REPORTABLE OFFENSE OR NEGLECT
To: Child Protective Services, D.E.S. (or law enforcement agency)
Student's
Birth
name ________________________________________ date __________ Sex ___
Address _______________________________________________________________
Names of parents/guardians ____________________________________________
School _______________________ Grade ____ Teacher ____________________
Description of suspected present or prior abuse, child abuse, physical injury,
or neglect (use additional page if necessary) _______________________________
________________________________________________________________________
________________________________________________________________________
Symbols:
A =
Bl =
Bu =
Br =
La =
Le =
S =
R =
V =
O =
Abrasion
Blister
Burn
Bruise
Laceration
Lesions
Scar
Rash
Vermin
Other (describe)
Severity:
(1) = Mild
(2) = Moderate
(3) = Severe
_________________________________________________
___________________
Signature and Title of Person Making the Report
Date
Oral Report to: Name ___________________________________________________
Agency _________________________________
Position ____________________
Date ___________________________________
Time _______________________
Written report to ________________________
Date ________________________
Copy filed in school office.
PARADISE SCHOOLS
2/7/13
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JC-6350
© 2012 Arizona School Boards Association
JLH
MISSING STUDENTS
Following proper notification, the records of each missing child will be flagged
with a red sticker in the upper-right-hand corner of the cumulative folder.
When records are requested for missing children, the local law enforcement
agency will be notified and no records will be sent.
The parent or surrogate of each new enrollee in the School, except homeless
students, will be asked to produce one (1) of the following proofs:
A certified copy of the child's birth certificate.
Other reliable proof of the student's identity and age, including the
student's baptismal certificate, an application for a Social Security
number, or original school registration records and an affidavit
explaining the inability to provide a copy of the birth certificate.
A letter from the authorized representative of an agency having custody
of the student (pursuant to statute) certifying that the student has been
placed in the custody of the agency as prescribed by law.
The parent or surrogate will be given thirty (30) days to provide
documentation requested as listed above. If documentation is not provided, a
second (2nd) letter will be sent to notify the parent or guardian that unless
the documentation is provided within ten (10) days, the local law enforcement
agency will be notified.
Nothing contained in this policy shall authorize the School to disclose to any
person a student's educational record without prior parental consent unless
the School makes a determination that disclosure of such records is necessary
to protect the health and safety of the student.
Within five (5) days after enrolling a transfer student from a public school in
another school or from a private school, the School will request, directly from
the previous school, a certified copy of the student's record. When records are
requested by another school, within five (5) days the School will comply with
the request unless the record has been flagged pursuant to A.R.S. 15-829 or
the request does not conform to the requirements related to proper release of
records by an emancipated student or a parent or guardian.
For purposes of this policy:
PARADISE SCHOOLS
2/7/13
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JC-6350
© 2012 Arizona School Boards Association
JLH
Flag means to mark or identify as pertaining to a missing child, or an
indication identifying an item as pertaining to a missing child.
Missing child means a person who is under the age of eighteen (18)
years, whose temporary or permanent residence is in this state or is
believed to be in this state, whose location has not been determined,
and who has been reported as missing to a law enforcement agency.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 13-3620
15-828
15-829
32-1472
42 U.S.C. 11301, McKinney-Vento Homeless Assistance
Act of 2001
CROSS REF.:
JF - Student Admissions
JR - Student Records
JRCA - Request for Transfer of Records
PARADISE SCHOOLS
2/7/13
Page 2 of 2
JC-6400
© 2012 Arizona School Boards Association
JLI
STUDENT SAFETY
Teachers will be responsible for their classes at all times. At no time are
students to be left unsupervised. Students are not to be sent on errands from
the School premises.
Teachers have the authority to prohibit the use of and/or to confiscate any
article that is a hazard to a student or that may damage School property. In
the case of an emergency, the teacher will seek help from the administrator.
Every student, teacher, and visitor shall wear appropriate protective eyewear
while participating in or when observing vocational, technical, industrial
arts, art, or laboratory science activities involving exposure to items as listed
in A.R.S. 15-151.
School buildings, playgrounds, and equipment will be regularly inspected for
health, fire, and safety hazards.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-151
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JLIA
SUPERVISION OF STUDENTS
Supervision shall include being within the physical presence and, whenever
possible, within a line of vision of the students so that school personnel will
have a reasonable opportunity to control the behavior of and assist the
students if necessary. Teachers shall exercise supervision as appropriate
from the commencement of the School day, before classes begin, during class
sessions, during lunch periods, between classes, and at any other time when
performing teaching or related duties on behalf of the School.
If it should be necessary in an emergency situation for a teacher to leave the
physical presence of the students, then the teacher shall make a reasonable
effort to obtain a School employee to supervise the students during the
teacher's absence. In no case shall the teacher leave students unsupervised if
there is a reasonable possibility that harm to students or property will result
from the students being left unattended.
School administrators, teachers, and other staff members will ensure that
anyone who wishes to contact a student during the School day is doing so for
proper reasons.
Adopted: date of Handbook adoption
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JC-6500
JLIB
© 2012 Arizona School Boards Association
STUDENT DISMISSAL PRECAUTIONS
No student will be removed from the School grounds, from any School
building, or from any School function during School hours except by a person
authorized to do so by the student's parent or by a person who has legal
custody of the student, except as A.R.S. 8-303, 8-304, and 8-802 shall apply.
Before a student is removed, the person seeking to remove the student must
present, to the satisfaction of the Executive Director, evidence of proper
authority to remove the student. If any police or court official requests the
dismissal of a student during school hours, parents should be notified as soon
as possible.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 8-303
8-304
8-802
13-1302
CROSS REF.:
JIH - Student Interrogations, Searches, and Arrests
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JC-6511
JLIB-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
STUDENT DISMISSAL PRECAUTIONS
(Student Release Requirements)
At the time of School admission, the administrator must complete the
student's permanent record form, which will identify the student's legal name
and the name, address, and telephone number of the student's lawful
custodian(s).
Before releasing a student during the School day, the administrator shall be
responsible for the verification of the identity of any lawful custodian or any
representative seeking release of a student.
If a lawful custodian, as indicated on the student's permanent record, is not
recognized by sight, the administrator shall require satisfactory identification
before such release. If there is a doubt, release may not be granted.
In the case of a written or verbal authorization by a lawful custodian of
record, the administrator shall require satisfactory verification of the
message as being from the lawful custodian of record. If there is a doubt,
release may not be granted.
If an unauthorized person refuses to honor the decision of the administrator,
the administrator shall call the local police authority.
If, in the granting of a release of a student, a change in the record of the
student's lawful custodian(s) becomes apparent and is verified to the
satisfaction of the administrator, such change shall immediately be entered
on the student's permanent record.
If any police or court official requests the release of a student during School
hours, parents should be notified as soon as possible.
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JC-6700
JLIF
© 2012 Arizona School Boards Association
SEX OFFENDER NOTIFICATION
(Sex Offender and Dangerous Juvenile Offender
Notification and Protective Measures)
Arizona statutes require law enforcement agencies to provide notification to
the School regarding certain registered sex offenders and require courts to
notify the School regarding juveniles adjudicated delinquent for "dangerous
offenses" or certain sex offenses.
Arizona Revised Statutes (A.R.S.) 13-3825 and 13-3826 require the local
law enforcement agency to notify the community, including area
schools, of the presence of a registered sex offender in the community
when the offender has been determined by the agency to be a "level
two" (medium risk) or "level three" (high risk) offender.
A.R.S. 8-350 directs the court to notify the School when a student
attending a school in the School has been adjudicated delinquent for or
convicted of and placed on probation for a dangerous offense or sexual
conduct with a minor, sexual assault, molestation of a child, or
continual sexual abuse of a child. Dangerous offense is defined in 8-350
as "an offense involving the discharge, use or threatening exhibition of
a deadly weapon or dangerous instrument or the intentional or knowing
infliction of serious physical injury on another person."
A.R.S. 13-3821 permits a juvenile court to require a juvenile who has
been adjudicated delinquent for certain sex offenses to register as a sex
offender until the person reaches the age of twenty-five (25), and A.R.S.
13-3825 permits a juvenile court to further require such juvenile
registered sex offender to be subject to the State's community
notification requirements.
It is the Governing Body's desire to create and maintain a safe environment
for the School's students and staff members. Therefore, the Executive
Director is directed to develop procedures to disseminate the information
received from the local law enforcement agency regarding adult and juvenile
registered sex offenders present in the School and to provide teachers,
parents, guardians, or custodians, upon request, information received from a
court pursuant to A.R.S. 8-350 concerning a juvenile who has been
adjudicated for or convicted of a dangerous offense or a specified sex offense.
School Procedures
Procedures within the School shall encompass, but not necessarily be limited
to:
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JC-6700
JLIF
© 2012 Arizona School Boards Association
Measures to disseminate information received from the local law
enforcement agency to staff members, parents, guardians, or custodians
when the School has been notified that a registered offender has moved
into the community. When in the judgment of the Executive Director it
is determined to be appropriate, the measures will include
disseminating the information to students.
Measures to provide to teachers, parents, guardians, or custodians,
upon request, information received by the School under A.R.S. 8-350,
regarding juveniles adjudicated delinquent of "dangerous offenses" or
sex offenses.
School restrictions on and requirements of registered sex offenders.
Assessment, enrollment, placement, and oversight of students about
whom an A.R.S. 8-350 notification has been received.
Student instruction in protective measures.
Prohibitions against harassment of individuals or acts of vigilantism
based upon information received by the School.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 8-208
8-321
8-350
8-371
13-1405
13-1406
13-1410
13-1417
13-3821
13-3825
13-3826
20 U.S.C. 1232g(b)(7)
42 U.S.C. 14071(d)
CROSS REF.:
DJE - Bidding/Purchasing Procedures
EB - Environmental and Safety Program
GCF - Professional Staff Hiring
IJNDB - Use of Technology Resources in Instruction
JF - Student Admissions
JLI - Student Safety
JLF - Reporting Child Abuse/Child Protection
JR - Student Records
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JC-6711
JLIF-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
SEX OFFENDER NOTIFICATION
(Sex Offender and Dangerous Juvenile Offender
Notification and Protective Measures)
To fulfill the requirements of Policy JLIF the following procedures are to be
implemented.
Registered Sex Offender
Community Notification
When the local law enforcement agency notifies the School pursuant to A.R.S.
13-3825 and 13-3826 of a registered sex offender's presence in the
community, the following actions shall occur:
A copy of the notification flyer provided by the law enforcement agency,
displaying the offender's photograph and disclosing the offender's exact
address, status summary, and criminal background, is to be distributed
to the School and department.
The School administrator or department supervisor shall post the
notification flyer at locations where the flyer is readily accessible for
viewing by staff members, students, and visitors.
The School administrator or supervisor shall inform students and staff
members that a new flyer has been posted.
When the registered sex offender described in the notice is also a
student within the School, then the provisions regarding juvenile
(youthful) dangerous offenders and sex offenders shall also be followed,
except that the restrictions against disclosure of information shall not
apply to the information obtained in the community notification
received from the local law enforcement agency.
Information is to also be communicated through media, such as newsletters,
meal menus, press releases, and similar means to students, staff members,
and parents/guardians advising them that listings of sex offenders in the
area are available at the Arizona Department of Public Safety Sex Offender
Infocenter, www.az.gov/webapp/offender, and at the United States
Department of Justice National Sex Offender Public Registry,
www.nsopr.gov/, as well as various other websites.
School Restrictions on Registered
Sex Offenders
An adult registered sex offender may not be present on School property,
including School buildings, grounds, and vehicles, except when:
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REGULATION
JLIF-R
REGULATION
The offender is the parent or guardian of a student attending the School
and the offender is:
Attending a conference with School personnel to discuss the
academic or social progress of the offender's child; or
Participating in child review conferences in which special
education evaluation and placement decisions may be made with
respect to the offender's child; or
Attending conferences to discuss other issues relating to the
offender's child, such as student discipline, retention or
promotion; or
The offender has obtained prior written permission from the Executive
Director.
When a registered sex offender is present on School property under any of the
circumstances described above, the offender must comply with the following
requirements:
Notify the School administrator's office immediately upon arrival on
School property;
Remain at all times under the direct supervision of the School
administrator or a person designated by the School administrator; and
Notify the School administrator's office when the offender is departing
from School property.
A staff member who observes a person or a situation that leads the staff
member to a reasonable belief that the person may be a sex offender, or that
a sexual assault or abuse might occur, is to promptly notify a school official of
his or her belief. The School official is to notify the Executive Director and,
as appropriate, law enforcement of the staff member's belief. When an
individual appears to have been inappropriately contacted or approached, or
has been assaulted, law enforcement is to be notified without delay. The staff
member is not to confront a suspected abuser; investigation and
determination is to be left to proper authorities.
When the individual under suspicion is a student in the School, the Executive
Director may, pursuant to A.R.S. 8-350, request from the juvenile court the
criminal history of the student to determine if the student has been
adjudicated delinquent for or convicted of a dangerous offense or a violation
of A.R.S. 13-1405, 13-1406, 13-1410, or 13-1417. If the criminal history
provided by the court shows such an adjudication or conviction, then the
School shall implement the procedures outlined below for juvenile (youthful)
dangerous offenders and sex offenders.
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JC-6711
© 2012 Arizona School Boards Association
REGULATION
JLIF-R
REGULATION
Juvenile (Youthful) Dangerous
Offenders and Sex Offenders
When the School is notified by a juvenile court pursuant to A.R.S. 8-350 that
a student attending a school in the School has been adjudicated delinquent
for or convicted of and placed on probation for a dangerous offense or sexual
conduct with a minor, sexual assault, molestation of a child, or continual
sexual abuse of a child the Executive Director shall promptly notify the
School administrator where the student is in membership.
The School administrator shall:
Send notice to the student's teacher(s), and such other staff members as
the principal determines appropriate to the circumstance, to contact the
principal concerning a confidential matter. The noticed staff members
will be provided with the information received from the juvenile court,
and be directed to comply with the student record confidentiality
requirements prescribed in School Policy JR. A staff member who
improperly discloses confidential student information may be
disciplined pursuant to School policy.
Confer with the student's probation officer to gather information on the
student's offense, the conditions of probation, and assessment of the
student as a risk factor where other students and staff members are
concerned.
Where a viable risk is perceived, the principal shall notify the
Executive Director who, in consultation with legal counsel and the
juvenile offender's parole officer, shall determine further steps to
be taken.
Meet without undue delay and to the extent reasonably possible, with
the student's parent(s) or guardian(s), the student's teacher(s), and the
student's counselor where available. Advise the parties that the
student juvenile offender:
Cannot attend a school where a victim of the juvenile offender is
in membership;
Cannot attend a school where a sibling of a victim of the juvenile
offender is in membership;
Must refrain from contact with the victim of the juvenile offender
or a sibling of the victim while on School property.
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JC-6711
© 2012 Arizona School Boards Association
REGULATION
JLIF-R
REGULATION
Notify the parent(s) or guardian(s) of the juvenile offender's victim of
the juvenile offender's membership in the School.
Upon request, make the notification information available to teachers,
parents, guardians, or custodians.
Staff members are to be alert to and inform school officials of any behavior by
a juvenile offender that creates an abnormal risk to members of the School
community. However, each circumstance involving a student probationary
juvenile offender attending the School shall be evaluated on a case-by-case
basis. Whenever possible without placing other students or adult members of
the School community at risk, reasonable efforts should be made to continue
the student's education, to provide supportive services, and to avoid any acts
of harassment or vigilantism against the student. Although federal and state
laws and rules permit the release of information concerning a student
registered sex offender, discretion should be exercised when discussing or
disseminating information about the student. Whenever possible, the School
community should encourage and support timely and appropriate
intervention toward the expected outcome that a juvenile offender's conduct
will be rectified so the student will commit no further offense and will
develop into a responsible, self-controlled adult.
Instruction in Protective Measures
A committee including members of the School staff, the local law enforcement
agency, and such other persons as the Executive Director may determine will
convene to develop instruction in protective measures against sexual
offenders. These shall include, but not be limited to, techniques child sexual
molesters use to charm adults and gain access to children and how sexual
predators use the internet to entice students into dangerous situations. The
committee is to evaluate and select materials and strategies designed to
deliver age-appropriate instruction that equips students in identifying,
avoiding, fleeing from, and reporting assaults and attempted assaults by
sexual offenders.
Instruction in protective measures is to be incorporated into the general
curriculum. Instances of the posting of a new notification of a registered sex
offender in the community should be accompanied with repetition and
reinforcement of protective measures students should know and apply as a
defense against sexual predators.
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JC-6731
© 2012 Arizona School Boards Association
EXHIBIT
JLIF-E
EXHIBIT
SEX OFFENDER NOTIFICATION
SEX OFFENDER AND DANGEROUS JUVENILE OFFENDER
NOTIFICATION AND PROTECTIVE MEASURES
Following is a checklist1 to help parents, teachers, and counselors spot an
adult's possible sexual interest in children.
Persons who promote and sustain a special one-on-one relationship with
a particular child.
Persons who spend an inordinate amount of time alone with children
other than their own.
Persons who take pictures of children other than their own.
Teachers, coaches, activity providers, et cetera, who pursue and cultivate
an intense ongoing relationship with a child or student who is not a
member of the adult's group.
The checklist is provided only to aid school personnel and parents in the
protection of students; it is not intended to be a finite or discriminatory
listing. Each potential concern should be carefully considered and evaluated
on a case-by-case basis.
1
Adapted from The Stop Child Molestation Book, What Ordinary People Can
Do In Their Everyday Lives to Save Three Million Children, Gene G. Abel,
M.D, and Nora Harlow, authors.
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JC-6950
JQ
© 2012 Arizona School Boards Association
STUDENT FEES, FINES, AND CHARGES
The Governing Body recognizes the need for student fees to fund certain
School activities that are not financed by local, state, or federal funds. It also
recognizes that some students may not be able to pay these fees. No student
will be denied an education as a result of inability to pay these
supplementary charges.
Students will not be required to supply specific types of School supplies or
equipment as a prerequisite to successful completion of a required course or
project.
Students will, however, be responsible and accountable for loss of or damage
to School property, including textbooks and library books.
The Executive Director will establish procedures through which students
may be held responsible and accountable for loss of or damage to School
property, including textbooks and library books.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 43-1089.01
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JC-6961
JQ-R
© 2012 Arizona School Boards Association
REGULATION
REGULATION
STUDENT FEES, FINES, AND CHARGES
(Tax Credit Contributions)
The receipt and expenditure of fees or cash contributions may be for
"Extracurricular activities" as indicated in A.R.S. 43-1089.01 and 15-342 with
contributions also used for "character education programs" as described in
A.R.S. 15-719.
To comply with the requirements of A.R.S. 43-1089.01 concerning the receipt
and expenditure of fees or cash contributions from taxpayers during the
previous calendar year for support of extracurricular activities and character
education programs of the School, annually not later than February 28 the
School shall provide the following information on forms prescribed by the
Arizona Department of Revenue:
Total number of fees and contribution payments received.
Total dollar amount received.
Total dollar amount spent, categorized specifically by:
Extracurricular activity.
Character education program.
Total number of student participants, categorized specifically by:
Extracurricular activity.
Character education program.
When the School has a School council, the School council shall determine how
contributions not designated for a specific purpose are to be used at the
School. When the School does not have a school council, the administrator
shall make the determination.
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JC-6981
JQ-E
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
STUDENT FEES, FINES, AND CHARGES
FEES
Areas where fees may be charged include, but may not be limited to:
Optional extracurricular activities, which are defined as any optional,
noncredit, educational or recreational activity that supplements the
education program of the school, whether offered before, during, or after
regular School hours.
Optional programs conducted when School is not in session.
Fine arts courses (high school only).
Vocational education courses (high school only).
Other courses, fees for optional services, equipment, and materials
offered to the students beyond those required to successfully complete
the basic requirements of the course (high school only).
Pursuant to A.R.S. 15-342, a school district may charge fees for the activities
described above if:
The fees are reasonable.
The fees do not exceed the actual costs of the activities, programs,
services, equipment, or materials.
A notice of the proposed fees is given to all parents of students enrolled
in the School before the Governing Body acts to adopt fees.
The fees are then adopted by the Governing Body.
The Governing Body includes in its action a grant of authority to the
administrator to waive the assessment of all or a part of any fee if it
creates an economic hardship for a specific student.
No fees are charged for students' access to or use of computers or
related materials.
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JC-7050
© 2012 Arizona School Boards Association
JR
STUDENT RECORDS
Required student records (regular and special education) will be prepared in
a manner consistent with State and federal laws, the requirements of the
Arizona System of Financial Records for Charter Schools (USFRCS) and
those of the Arizona Department of Libraries, Archives and Public Records.
Retention periods and disposition of records shall be as specified in the
USFRCS, the Arizona Department of Library Archives and Public Records
and relevant federal statutes and regulations.
The School will comply with the provisions of the Family Educational Rights
and Privacy Act (FERPA) and the Individuals with Disabilities Education Act
(IDEA), the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA
PATRIOT ACT), and the No Child Left Behind Act of 2001 (NCLB) in the
establishment, maintenance, correction, and disposition of student records.
The Governing Body directs the Executive Director to establish procedures
for such compliance, including informing parents, students, and the public of
the contents. The Executive Director will implement procedures as required
by law and will establish procedures for dealing with violations.
If a parent or eligible student believes that the School is violating the
FERPA, that person has a right to file a complaint with the U.S. Department
of Education. The address is:
The Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
Telephone number: (202) 260-3887
In adopting this policy it is the intent of the Governing Body that the policy
and related procedures be implemented immediately. Copies of the policy
and procedures will be available for parent and eligible student review in the
office of each school and in the Executive Director's office.
Confidentiality
The right to inspect and review education records and the release of or access
to such records, other information, or instructional materials will be
consistent with federal law in the Family Educational Rights and Privacy
Act, Title 20, United States Code, sections 1232g and 1232h, the USA
PATRIOT ACT, NCLB, and with federal regulations issued pursuant to such
act.
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JC-7050
© 2012 Arizona School Boards Association
JR
Annual Notification
Within the first three (3) weeks of each school year, the School will publish in
a School communication a notice to parents and eligible students of their
rights under the FERPA and this procedure. This notice will also be provided
to each parent of new students enrolling after school begins [34 C.F.R. 99.7].
The School will arrange to provide translation of the notice to non-Englishspeaking parents in their native language or mode of communication [34
C.F.R. 300.561]. The notice shall inform the parents of:
The right of the parent or an eligible student to inspect and review the
student's education records.
The intent of the School to limit the disclosure of personally identifiable
information contained in a student's education records except by the
prior written consent of the parent or eligible student or under certain
limited circumstances as permitted by the FERPA, the USA PATRIOT
Act or the NCLB Act.
The right of the parent or eligible student to seek to correct parts of the
school education records that the student or the parent believes to be
inaccurate, misleading, or in violation of student rights. This right
includes the right to a hearing to present evidence that the record
should be changed if the School decides not to alter it according to the
parent's or eligible student's request.
The right of the parent or eligible student to file a complaint with the
U.S. Department of Education if they believe the School has violated
the FERPA.
Parents and eligible students have the following rights under the Family
Educational Rights and Privacy Act (FERPA) and this procedure [34 C.F.R.
99.7 and 300.613]. The notice shall also include:
The procedure for exercising the right to inspect and review education
records.
The procedure for requesting amendments of education records that the
parent or eligible student believe to be inaccurate, misleading or
otherwise a violation of the student's privacy rights.
The conditions when prior consent is not required, the criteria for
determining who constitutes a school official and what constitutes a
legitimate educational interest.
Adopted: date of Handbook adoption
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JC-7050
JR
© 2012 Arizona School Boards Association
LEGAL REF.: A.R.S. 15-141
15-142
15-828
15-829
36-555
41-1346 et seq.
41-1354
44-1373
20 U.S.C. 1232
20 U.S.C. 1400 et seq., Individuals with Disabilities
Education Act
CROSS REF.:
IHB - Special Instructional Programs
JF - Student Admissions
JLH - Missing Students
JRCA - Request for Transfer of Records
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JC-7061
© 2012 Arizona School Boards Association
REGULATION
JR-R
REGULATION
STUDENT RECORDS
This procedure is designed to meet the provisions of the Family Educational
Rights and Privacy Act (FERPA) and the Individuals with Disabilities in
Education Act (IDEA). All personnel in the School are expected to fulfill the
requirements of policy and the following procedures in order to protect the
confidentiality of personally identifiable information at collection, storage,
disclosure, and destruction stages [34 C.F.R. 300.612].
The Executive Director has the responsibility for ensuring the confidentiality
of any personally identifiable information [34 C.F.R. 300.612].
All rights and protections given parents under the FERPA and this procedure
transfer to the student upon reaching age eighteen (18) except where the
student continues as a dependent under specified circumstances, or enrolling
in a postsecondary school. The student then becomes an "eligible student"
[34 C.F.R. 99.5 and 300.625].
Definitions
For the purpose of the procedure, the School has used the following
definitions of terms:
Student - Any person who attends or has attended a program of
instruction sponsored by the School and for whom the School maintains
education records.
Eligible student - A student who has reached age eighteen (18) or is
attending a postsecondary school.
Parent - Either the natural parent of a student, unless the parent's
rights under the FERPA have been removed by a court order, statute,
or other legal document, or a guardian, or an individual acting as a
parent or guardian in the absence of the student's parent or guardian.
The School may presume that the parent has the authority to inspect
and review education records relating to his or her child unless the
School has been advised that the parent does not have authority under
applicable law.
Education records - Any information directly related to a student
recorded in any way including, but not limited to handwriting, print,
computer media, video or audio tape, film, microfilm or microfiche, that
is maintained by the School, an employee of the School, or any agent of
the School except:
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REGULATION
JR-R
REGULATION
Personal records kept by an employee of the School that meets the
following tests:
It is used only as a personal memory aid.
It is kept in the personal possession of the individual who
made it.
It is not accessible and has never been revealed to any
other person except the employee's temporary substitute.
Medical treatment records maintained for "eligible students."
Records collected and maintained by a law enforcement unit of the
school.
Records containing only information about a person after that
individual is no longer a student in the School.
An employment record that is used only in relation to a student's
employment by the School. (Employment for this purpose does
not include activities for which a student receives a grade or
credit in a course.)
Related alumni records after the student no longer attends classes
provided by the School, and the records do not relate to the person
as a student.
Personally identifiable information - Any data or information that
makes the subject of a record known. This includes the student's name,
the name(s) of the student's parent(s) or other family member(s), the
student's address, the student's Social Security number, a student
number, a list of personal characteristics, or other information that
would make the student's identity easily traceable.
Signed and dated written consent - May include a record and signature
in electronic form that:
Identifies and authenticates a particular person as the source of
the electronic consent.
Indicates such person's approval of the information contained in
the electronic consent.
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Locations of Education Records
A list of types and locations of education records collected, maintained, or
used will be provided to the parents on request [34 C.F.R. 300.616]. See
Exhibit JR-EA.
Procedure to Inspect
Education Records
Parents of a student, the designated representative of the parents, and an
eligible student may inspect and review the student's education records that
are collected, maintained, or used by the School [34 C.F.R. 300.501]. In some
circumstances it may be mutually more convenient for the record custodian to
provide copies of records. Charges for the copies of records will be costs of
copying unless the fee would effectively prevent the parent from exercising
rights to inspect and review those records [34 C.F.R. 300.613 and 300.617].
Since a student's records may be maintained in several locations, the school
administrator will offer to collect copies of records or the records themselves
from locations other than a student's school so they may be inspected at one
(1) site. However, if parents and eligible students wish to inspect records
where they are maintained, the school's administrator will make every effort
to accommodate their wishes.
Parents, the designated representative of the parents, or the eligible student
should submit to the student's school administrator a signed and dated
written request that identifies as precisely as possible the record or records
wanted for inspection. The School will respond to any request without
unnecessary delay before any meeting regarding any individual education
program or hearing relating to the identification, evaluation, placement of a
student, or the provision of a free appropriate public education, and in no
case more than forty-five (45) days after the request has been made [34
C.F.R. 300.613 and 99.10]. See Exhibit JR-ED.
The administrator, or other education records custodian, will contact the
parent of the student or the eligible student to discuss how access will be best
arranged (e.g., copies, at the exact location, or records brought to a single
site).
Parents have the right, upon reasonable request, for explanations and
interpretations of the information contained in the records and a right to
request copies of the records containing the information, if not in violation of
stated policy of FERPA. Parents have the right to have a representative of
the parent to inspect and review the records [34 C.F.R. 300.613 and 99.10].
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The administrator, or other education records custodian, will make the
needed arrangements as promptly as possible and notify the parent or
eligible student of the time and place where the records may be inspected.
This procedure must be completed in forty-five (45) days or less after receipt
of the request for access [34 C.F.R. 300.613].
If for any valid reason, such as working hours, distance between record
location sites, or health, the parent or eligible student cannot personally
inspect and review a student's education records, the School will arrange for
the parent or eligible student to obtain copies of the record. See below for
information regarding fees for copies of records [34 C.F.R. 300.613 and 99.10].
When a record contains information about students other than a parent's
child or the eligible student, the parent or eligible student may not inspect
and review the records of the other students [34 C.F.R. 300.615, 99.5 and
99.12].
Fees for Copies of Records
All records subject to disclosure under this procedure shall be available for
inspection free of charge. If copies are desired, they shall be furnished by the
School to the parent or eligible student on request and free of charge.
Additional copies may be sent to other schools or agencies without charge.
However, the School reserves the right to charge up to thirty-five cents (35¢)
per page for multiple or excessive requests. Copies of available records shall
be produced as promptly as possible upon receipt of the request. No fee will
be charged for search and retrieval of records [34 C.F.R. 300.617 and 99.11].
The School will provide copies of records:
When the refusal to provide copies effectively denies access to the
records by the parent or eligible student [34 C.F.R. 300.617].
At the request of the parent or eligible student, when the School has
provided the records to third parties by the prior consent of the parent
or eligible student.
At the request of the parent or eligible student when the School has
forwarded the records to another school where the student seeks or
intends to enroll.
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Directory Information
The School designates the following personally identifiable information
contained in a student's education records as "directory information" and may
disclose that information without prior written consent [1232g(a)(5)(A)]:
The student's name.
The student's address.
The student's telephone listing.
The student's date and place of birth.
The student's electronic mail address.
The student's photograph.
The student's grade level.
The student's major field of study.
The student's dates of attendance.
The student's enrollment status (e.g., part time or full time).
The student's participation in officially recognized activities and sports.
The student's weight and height if a member of an athletic team.
The student's honors and awards received.
The student's most recently attended educational agency or institution.
Within the first three (3) weeks of each school year the School will publish in
a School communication or send home with each student the above list, or a
revised list, of the items of directory information designated as directory
information. For a student who enrolls after the notice is published, the list
will be given to the parent or eligible student at the time and place of
enrollment. See Exhibit JR-EB.
After the parents or eligible student have been notified, they will have two (2)
weeks to advise the School in writing (a letter to the Executive Director's
office) of any or all of the items they refuse to permit the School to designate
as directory information about that student.
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According to state and federal law if the Governing Body permits the release
of directory information relating to students to persons or organizations who
inform students of educational or occupational opportunities, then the
Governing Body shall provide access to directory information on the same
basis to military official recruiting representatives for the purpose of
informing students of educational and occupational opportunities available to
them, unless the parent or eligible student requests in writing to the School
(a letter to the Executive Director's office within two (2) weeks after
notification) not to release directory information to any person or
organization without prior written signed and dated consent. If the parent or
eligible student refuses to allow the release of directory information without
prior signed and dated written consent, then the School will not provide
military recruiters, upon request, directory information containing the
student's name, addresses and telephone listings.
At the end of the two-week period, if the parent or eligible student has not
returned the form indicating refusal to allow the release of directory
information, the School will assume it has their permission to release the
above-mentioned information. This designation will remain in effect until it
is modified by the signed and dated written direction of the parent or eligible
student. The student's records will be appropriately marked by the records
custodian to ensure compliance with the parents' or eligible student's request.
Use of Student Education Records
To carry out their responsibilities, school officials will have access to student
education records for legitimate educational purposes. The School will use
the following criteria to determine who are school officials [34 C.F.R. 99.31]:
A person duly elected to the Governing Body (under limited
circumstances).
A person certificated by the state and appointed by the Governing Body
to an administrative or supervisory position.
A person certificated by the state and under contract to the Governing
Body as an instructor.
A person employed by the Governing Body as a temporary substitute
for administrative, supervisory, or instructional personnel for the
period of such performance as a substitute.
A person employed by or under contract to the Governing Body to
perform a special task, such as a secretary, a clerk, the Governing Body
attorney, or auditor, for the period of such performance as an employee
or contractor.
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School officials who meet the criteria listed above will have access to a
student's records if they have a legitimate educational interest in doing so [34
C.F.R. 99.32]. A "legitimate educational interest" is the person's need to
know in order to:
Perform an administrative task required in the school employee's
position description approved by the Governing Body.
Perform a supervisory or instructional task directly related to the
student's education.
Perform a service or benefit for the student or the student's family, such
as health care, counseling, student job placement, or student financial
aid.
Records of students placed in special educational programs will be under the
direct supervision of the program administration. All persons collecting or
using personally identifiable information in records of students determined to
be a student with a disability will receive training or instruction regarding
Arizona's policies and procedures for the protection of these records at the
collection, storage, disclosure, and destruction stages in accordance with
FERPA and IDEA [34 C.F.R. 300.623].
The School will maintain for public inspection a current listing of the names
and positions of employees who have access to personally identifiable
information maintained on students placed in special education [34 C.F.R.
300.623]. When the information maintained in these records is no longer
needed to provide educational services to the student, the School will notify
the parents of their right to have the personally identifiable information
destroyed [34 C.F.R. 300.624]. However a permanent record of a student's
name, address, phone number, grades, attendance record, classes attended,
grade level completed, and year completed will be maintained [34 C.F.R.
300.624]. Destruction of records will be accomplished in accordance with the
requirements of Arizona law and regulations of the Department of Library,
Archives, and Public Records [34 C.F.R. 300.572].
The School will release information from or permit access to a student's
education records only with a parent's or eligible student's prior signed and
dated written consent, except that the Executive Director or a person
designated in writing by the Executive Director may permit disclosure [34
C.F.R. 300.571, 99.30, 99.31, 99.34, and 99.37]:
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When a student seeks or intends to enroll in another school or school
district or a postsecondary school, the School will not further notify
parents or eligible students prior to such a transfer of records. Parents
and student have a right to obtain copies of records transferred under
this provision. See Exhibit JR-EC.
When certain federal and state officials need information in order to
audit or enforce legal conditions related to federally supported
education programs in the School.
To parties who provide or may provide financial aid to a student to:
Establish the student's eligibility for the aid.
Determine the amount of financial aid.
Establish the conditions for the receipt of the financial aid.
Enforce the agreement between the provider and the receiver of
financial aid.
If a state law adopted before November 19, 1974, required certain
specific items of information to be disclosed in personally identifiable
form from student records to state or local officials.
If a state law adopted before November 19, 1974, required certain
specific items of information to be disclosed in personally identifiable
form from student records to state or local officials of the juvenile
justice system and the officials certify in writing that the information
will not be disclosed to any other party, except as provided under state
law, without prior signed and dated written consent of the parent or the
eligible student.
When the School has entered into a written agreement or contract for
an organization to conduct studies on the School's behalf to develop
tests, administer student aid, or improve instruction.
To accrediting organizations to carry out their accrediting functions.
To parents of an eligible student if the parents claim the student as a
dependent as defined by the Internal Revenue Code of 1954.
To comply with a judicial order or lawfully issued subpoena. The School
will make a reasonable effort to notify the parent or the eligible student
before making a disclosure under this provision unless directed
otherwise by a court of competent jurisdiction.
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To comply with an ex parte order from a court of competent jurisdiction
requiring the School to permit the U.S. Attorney General or U.S.
Attorney General's designee to collect education records in the
possession of the School that are relevant to an authorized investigation
or prosecution of an offense listed in 18 U.S.C. 2332b(g)(5)(B) for an act
of domestic or international terrorism as defined in 18 U.S.C. 2331. An
ex parte order is an order issued by a court of competent jurisdiction
without notice to the adverse party. A disclosure pursuant to an ex
parte order will not be recorded as a disclosure of information from a
student's education records by the School.
If the School initiates legal action against a parent or student, the
School may disclose to the court, without a court order or subpoena, the
education records of the student that are relevant for the School to
proceed with the legal action.
If a parent or eligible student initiates legal action against the School,
the School may, without a court order or subpoena, disclose the
student's education records that are relevant for the School to defend
itself.
To comply with the request of authorized law enforcement officials
conducting an investigation of acts or terrorism.
The disclosure is in connection with a health or safety emergency. Time
is an important and limiting factor in determining whether the
disclosure is in connection with a health or safety emergency. The
School will permit any school official to make the needed disclosure
from student education records in a health or safety emergency if:
The official deems the disclosure is warranted by the seriousness
of the threat to the health or safety of the student or other
persons.
The information is necessary and needed to address the
emergency.
The persons to whom the information is to be disclosed are
qualified and in a position to deal with the emergency.
The School may release student attendance, disciplinary, and other
education records to a law enforcement agency and county attorney
pursuant to an intergovernmental agreement between the School, the
law enforcement agency, the county attorney, and other state, local, or
tribal government agencies to create a local or tribal juvenile justice
network for the purpose of:
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providing appropriate programs and services to intervene with
juveniles currently involved in the juvenile justice system
providing appropriate programs and services designed to deter atrisk juveniles from dropping out of school or other delinquent
behavior
increasing the safety and security of the community and its
children by reducing juvenile crime.
Education records provided pursuant to an intergovernmental
agreement entered into in accord with the above provisions shall be
used solely for the purposes of the agreement and shall not be disclosed
to any other party, except as provided by law.
A School official may release information from a student's education records,
other than directory information, to a third party if the parent or the eligible
student gives prior signed and dated written consent for the disclosure and
the third party agrees that the information will not be disclosed to any other
party without the prior consent of the parent or eligible student. The signed
and dated written consent must include at least:
A specification of the records to be released.
The reasons for the disclosure.
The person or the organization or the class of persons or organizations
to whom the disclosure is to be made.
The signature of the parent or eligible student.
The date of the consent and, if appropriate, a date when the consent is
to be terminated.
The parent or the eligible student may obtain a copy of any records disclosed
under this provision, unless otherwise provided.
Records of Requests for Access
and Disclosures Made from
Education Records
The School will maintain an accurate record of all requests for it to disclose
information from or to permit access to a student's education records, and of
information it discloses and access it permits, with some exceptions as listed
below. This record will be kept with, but will not be a part of, each student's
cumulative school records. It will be available only to the record custodian,
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the eligible student, the parent of the student, or to federal, state, or local
officials for the purpose of auditing or enforcing federally supported
educational programs [34 C.F.R. 300.563 and 99.32]. See Exhibit JR-EE.
The record will include at least:
The name of the person, organization or agency that made the request.
The interest the person, organization or agency had in the information.
The date the person, organization or agency made the request.
Whether the request was granted and, if it was, the date access was
permitted or the disclosure was made.
The School will maintain this record as long as it maintains the student's
education records. The record will not include requests for access or access
granted to:
the parent or eligible student,
authorized law enforcement officials conducting an investigation of acts
of terrorism,
school officials who have a legitimate educational interest in the
student,
requests for or disclosures of information contained in the student's
education records if the request is accompanied by or authorized by the
prior signed and dated written consent of the parent or eligible student
or
for requests for or disclosures of directory information designated for
that student.
Procedures to Seek to Correct
Education Records
[34 C.F.R. 99.20 and 99.21]
Parents of students and eligible students have a right to seek to change any
part of the student's record they believe is inaccurate, misleading, or in
violation of student rights [34 C.F.R. 300.618 and 99.20]. (Note: Under the
FERPA, the School may decline to consider a request to change the grade a
teacher assigns for a course.)
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For the purpose of outlining the procedure to seek to correct education
records, the term incorrect will be used to describe a record that is inaccurate,
misleading, or in violation of student rights. The term correct will be used to
describe a record that is accurate, not misleading, and not in violation of
student rights. Also, in this section, the term requester will be used to
describe the parent of a student or the eligible student who is asking the
School to correct a record.
To establish an orderly process to review and correct education records for a
requester, the School may make a decision to comply with the request for
change at several levels in the procedure [34 C.F.R. 300.618 and 99.20].
First-level decision. A parent of a student or an eligible student who finds
an item in the student's education records that appears to be inaccurate,
misleading, or in violation of student rights should immediately ask the
record custodian to correct it. If the record is incorrect because of an obvious
error and it is a simple matter to make the record change at this level, the
record custodian will make the correction. However, if the record is changed
at this level, the method and result must satisfy the requester.
If the custodian cannot change the record to the requester's satisfaction or
the record does not appear to be obviously incorrect, the custodian will:
Provide the requester a copy of the questioned record at no cost.
Ask the requester to initiate a written request for the change.
Follow the procedure for a second-level decision.
Second-level decision. The written request to correct a student's education
records through the procedure at this level should specify the correction the
requester wishes the School to make. It should at least identify the item
thought to be incorrect and state whether the requester believes the item:
Is inaccurate and why,
Is misleading and why, or
Violates student rights and why.
The request will be dated and signed by the requester.
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Within two (2) weeks after receiving a written request, the record custodian
will study the request, discuss it with other school officials (the person who
made the record or those who may have a professional concern about the
School's response to the request), make a decision to comply or decline to
comply with the request, and complete the appropriate steps to notify the
requester or move the request to the next level for a decision.
If, as a result of this review and discussion, a decision is reached that the
record should be corrected, the record custodian will effect the change and
notify the requester, in writing, of that action. Each such notice will include
an invitation for the requester to inspect and review the student's education
records to make certain the record is in order and the correction is
satisfactory.
If a decision is reached that the record is correct, the custodian will make a
written summary of any discussions with other officials and of the findings in
the matter. This summary and a copy of the written request will be
transmitted to the Executive Director.
Third-level decision.
The Executive Director will review the material
provided by the record custodian and, if necessary, discuss the matter with
other officials such as the school attorney or the Governing Body (in executive
session unless otherwise requested by parent[s]). The Executive Director will
then make a decision concerning the request and complete the steps at this
decision level. Ordinarily, this level of the procedure should be completed
within two (2) weeks. If it will take longer, the Executive Director will notify
the requester in writing of the reasons for the delay and a date when the
decision will be made.
If the Executive Director decides the record is incorrect and should be
changed, the record custodian will be advised to make the changes. The
record custodian will advise the requester of the change.
If the Executive Director decides the record is correct, a letter to the
requester will be prepared that will include [34 C.F.R. 300.619 and 99.20]:
The School's decision that the record is correct and the basis for the
decision.
A notice to the requester explaining the requester's right to ask for a
hearing to present evidence that the record is incorrect and that the
School will grant such a hearing.
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Instructions for the requester to contact the Executive Director to
discuss acceptable hearing officers, convenient times, and a satisfactory
site for the hearing. (The School will not be bound by the requester's
positions on these items but will, as far as possible, arrange the hearing
as the requester wishes.)
Advice that the requester may be represented or assisted in the hearing
by other parties, including an attorney, at the requester's expense.
Fourth-level decision.
After the requester has submitted (orally or in
writing) any wishes concerning the hearing officer and the time and place for
the hearing, the Executive Director will, within one (1) week, notify the
requester when and where the School will hold the hearing and whom it has
designated as the hearing officer [34 C.F.R. 300.621, 99.21, 99.22, and 99.34].
At the hearing, the hearing officer will provide the requester a full and
reasonable opportunity to present material evidence and testimony to
demonstrate that the questioned part of the student's education records is
incorrect as shown in the requester's written request for a change in the
record (second level).
Within one (1) week after the hearing, the hearing officer will submit to the
Executive Director a written summary of the evidence submitted at the
hearing.
Along with the summary, the hearing officer will submit
recommendations, based solely on the evidence presented at the hearing, that
the record should be changed or should remain unchanged.
The Executive Director will prepare the School's decision within two (2)
weeks after the hearing. That decision will be based on the summary of the
evidence presented at the hearing and on the hearing officer's
recommendation. However, the School's decision will be based solely on the
evidence presented at the hearing. Therefore, the Executive Director may
overrule the hearing officer if the hearing officer's recommendation is deemed
inconsistent with the evidence presented. As a result of the School's decision,
the Executive Director will take one (1) of the following actions:
If the decision is that the School will change the record, the Executive
Director will instruct the record custodian to correct the record. The
record custodian will correct the record and notify the requester as at
the second-level decision [34 C.F.R. 300.620 and 99.21].
If the decision is that the School will not change the record, the
Executive Director will prepare a written notice to the requester that
will include [34 C.F.R. 300.620 and 99.21]:
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The School's decision that the record is correct and will not be
changed.
A copy of a summary of the evidence presented at the hearing and
a written statement of the reasons for the School's decision.
Advice to the requester that an explanatory statement may be
placed in the student's education records stating the reasons for
disagreement with the School's decision and/or the reasons for
believing the record to be incorrect.
Final administrative step in the procedure. When the School receives
an explanatory statement from a requester after a hearing, it will maintain
that statement as part of the student's education records as long as it
maintains the questioned part of the record. The statement will be attached
to the questioned part of the record and whenever the questioned part of the
record is disclosed the explanatory statement will also be disclosed [34 C.F.R.
300.620 and 99.21].
Annual Notification to Parents
Regarding Confidentiality of
Student Education Records
[34 C.F.R. 300.612]
Dear Parent:
The Family Educational Rights and Privacy Act (FERPA) affords parents and
students over 18 years of age ("eligible students") certain rights with respect
to the student's education records. The Governing Body has established
written policies regarding the collection, storage, retrieval, release, use, and
transfer of student educational information collected and maintained
pertinent to the education of all students to ensure the confidentiality of the
information and to guarantee parents' and students' rights to privacy. These
policies and procedures are in compliance with:
The Family Education Rights and Privacy Act; Title 20, United States
Code, Sections 1232g and 1232h; and the Federal Regulations (34
C.F.R., Part 99) issued pursuant to such act;
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001 (USA
PATRIOT ACT);
No Child Left Behind Act of 2001 (NCLB);
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The Individuals with Disabilities in Education Act; 20 U.S.C. Chapter
33; and the Federal Regulations (34 C.F.R. Part 300); and
Arizona Revised Statutes, Title 15, sections 141 and 142.
Student education records are collected and maintained to help in the
instruction, guidance, and educational progress of the student, to provide
information to parents and staff members, to provide a basis for the
evaluation and improvement of school programs, and for legitimate
educational research. The students' records maintained by the School may
include - but are not necessarily limited to, identifying data, report cards and
transcripts of academic work completed, standardized achievement test
scores, attendance data, reports of psychological testing, health data, teacher
or counselor observations, and verified reports of serious or recurrent
behavior patterns.
These records are maintained in the office of the School under the
supervision of the building administrator and are available only to the
teachers and staff members working with the student. Upon request, the
School discloses education records, including disciplinary records, without
consent to officials of another school or school district in which a student
seeks or intends to enroll. Otherwise, records are not released to most
agencies, persons or organizations without prior signed and dated written
consent of the parent [34 C.F.R. 99.7]. The signed and dated written consent
may be in electronic form under certain conditions [34 C.F.R. 99.30].
You shall be informed when personally identifiable information collected,
maintained, or used is no longer needed to provide educational services to
your child. The information must be maintained for two (2) years after the
date your child was last enrolled in this School.
You have the right to inspect and review any and all records related to your
child within forty-five (45) days of the day of receiving a request for access,
including a listing of persons or organizations who have reviewed or have
received copies of the information [34 C.F.R. 99.7]. Parents who wish to
review their children's records should contact the administrator for an
appointment or submit to the administrator a written request that identifies
the record(s) you wish to inspect. School personnel will make arrangements
for access and notify you of the time and place where the records may be
inspected. School personnel will be available to explain the contents of the
records to you. Copies of student education records will be made available to
parents when it is not practicable for you to inspect and review the records at
the school. Charges for the copies of records will be costs of copying unless
the fee prevents the parent from exercising rights to inspect and review those
records.
PARADISE SCHOOLS
2/7/13
Page 16 of 17
JC-7061
© 2012 Arizona School Boards Association
REGULATION
JR-R
REGULATION
You have the right to request that an amendment be made to the student's
education records and to add comments of your own if you believe
information in the record file is inaccurate or misleading [34 C.F.R.
99.7(a)(1)]. You should write the administrator, clearly identify the part of
the record you want changed, and specify why it is inaccurate or misleading.
If the School decides not to amend the record as requested by you, the School
will notify you of the decision and advise you of their right to a hearing
regarding the request for amendment. Additional information regarding the
hearing procedures will be provided to you when notified of the right to a
hearing.
You have the right to consent to disclosures of personally identifiable
information contained in the student's education records, except to the extent
that FERPA authorizes disclosure without consent. One exception, which
permits disclosure without consent, is disclosure to school officials with
legitimate educational interests. A school official is a person employed by the
School as an administrator, supervisor, instructor, or support staff member
(including health or medical staff and law enforcement unit personnel); a
person serving on the School Governing Body; a person or company with
whom the School has contracted to perform a special task (such as an
attorney, auditor, medical consultant, or therapist); or a parent or student
serving on an official committee, such as a disciplinary or grievance
committee, or assisting another school official in performing his or her tasks.
A School official has a legitimate educational interest if the official needs to
review an education record in order to fulfill his or her professional
responsibility.
Copies of the School student education records confidentiality policies and
procedures may be reviewed in the assigned office in each school [34 C.F.R.
99.7]. You have the right to file a complaint with the Family Educational
Rights and Privacy Act Office in Washington, D.C., concerning alleged
failures by the School to comply with the requirements of FERPA [34 C.F.R.
99.7]. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
PARADISE SCHOOLS
2/7/13
Page 17 of 17
JC-7081
JR-EA
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
STUDENT RECORDS
LOCATIONS OF EDUCATION RECORDS
Types
Location
Custodian
Cumulative School records School Office
Registrar
Cumulative School records School Office
(former students)
Registrar
Health records
School Office
Registrar
Speech therapy records
Special Education Room
Special Education Director
Psychological records
Special Education Room
Special Education Director
Special test records
School Office
Administrator
School transportation
records
School Office
Administrator
Occasional records:
The local school
education records not
administrator will collect
identified above,
and make available,
such as those in the
Executive Director's office,
in the school attorney's
office, or in the personal
possession of teachers
(examples: discipline
records, Honor awards)
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-7082
© 2012 Arizona School Boards Association
EXHIBIT
JR-EB
EXHIBIT
STUDENT RECORDS
DESIGNATION OF DIRECTORY INFORMATION
During the School year, School staff members may compile nonconfidential
student directory information specified below.
According to state and federal law the below-designated directory
information may be publicly released to educational, occupational or military
recruiting representatives without your permission. If the Governing Body
permits the release of the below-designated directory information to persons
or organizations who inform students of educational or occupational
opportunities, by law the School is required to provide the same access on the
same basis to official military recruiting representatives for the purpose of
informing students of educational and occupational opportunities available to
them, unless you request in writing that the school not to release the
student's information without your prior signed and dated written consent. If
you do not object to the release of any and all of the below-designated
information in writing, then the School must provide military recruiters, upon
request, directory information containing the student's names, addresses and
telephone listings.
If you do not want any or all of the below-designated information about your
son/daughter to be released to any person or organization without your prior
signed and dated written consent, you must notify the School in writing by
checking off any or all of the rejected information, signing the form at the
bottom of this page, and returning it to the Administrator, within two (2)
weeks of receiving this form. If the School does not receive this notification
from you within the prescribed time, it will be assumed that your permission
is given to release your son's/daughter's designated directory information.
-----------------------------------------------------------------------------------------------------------TO:
Administrator
I do not want any or all the information I have below concerning
(student's name) _________________________________designated as directory
information and released to any person or organization without my prior
written consent:
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-7082
© 2012 Arizona School Boards Association
EXHIBIT
JR-EB
EXHIBIT
 Name
 Address
 Telephone listing
 Electronic mail address
 Date and place of birth
 Photograph
 Dates of attendance
 Grade level
 Honors and awards received
 Major field of study
 Enrollment status (e.g., part time or full time)
 Participation in officially recognized activities and sports
 Weight and height of members of athletic teams
 Most recent educational agency or institution attended
______________________________________
(Parent/guardian signature)
PARADISE SCHOOLS
2/7/13
________________________
(Date)
Page 2 of 2
JC-7083
JR-EC
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
STUDENT RECORDS
NOTIFICATION TO NEW SCHOOL OF ATTENDANCE
OF RECORDS AVAILABLE AT PREVIOUS
SCHOOL OF ATTENDANCE
Dear Administrator,
____________________________ has been attending the School at
________________________, Arizona. Records available at our school contain
information that should be helpful to your staff in developing an educational
program. Our student education records policy permits forwarding copies of
records to schools in which the student intends to enroll upon a formal
request to receive them.
To expedite the transfer of the information, please review the enclosed
Request for Student Education Records and check the records for which you
are requesting a copy.
Return this form and the enclosed Request for Student Education Records to:
_______________________________
(Records Custodian)
_____________________________
(School Name)
_______________________________
(Date)
_____________________________
(Address)
Enclosed: Request for Student Education Records
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-7084
JR-ED
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
STUDENT RECORDS
REQUEST FOR STUDENT EDUCATION RECORDS
Copy to
student
file
Requester
_____________________________
Name of Agency
___________________________________
Address
_____________________________
Name of Authorized Person
___________________________________
Phone
________________________
Requested
from
_____________________________
Name of Agency
____________________________
Address
_____________________________
Student Name
____________________________
Address
_____________________________
Parent Name
____________________________
Address
________________________
Student
__________________
Previous School
______________________
Address
________________________
Dates Attended
________________________
Purpose for
request
No information available
about previous school program
Need assistance in understanding complex behavior
and needs
Need evaluation information for immediate special
education placement
Need information to help prepare
an educational program for the
student
Need verification that the student
has a disability
Other: _________________________
_________________________
_________________________
________________________
PARADISE SCHOOLS
2/7/13
Page 1 of 2
JC-7084
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
Permanent record data:
General cumulative data:
Type of information
requested
JR-ED
Health data:
Specialized student data:
Special education placement records:
Suspension and/or expulsion
records:
Basic identifying data, attendance data,
and academic data
General administrative data and results
of group tests
General medical data and reports
Individualized evaluation records and
specialized reports (including reports
from outside agencies)
All records of placement if special
education
All records of suspension and/or
expulsion
________________________
Assurance
statement
and
signatures
In making this request, the undersigned agrees that the information received
will be used only by the professional school staff members who are assigned
to work with the student in the educational program and will not be released
to any other party without the prior written consent of the parent or eligible
student.
_____________________________
Date Requested
____________________________
Authorized Signature
________________________
I, ____________________, as the parent of ____________________, consent to the
(Parent Name)
Parental
consent
PARADISE SCHOOLS
2/7/13
(Student's Name)
release of records listed above to the
party named above. I am aware of
_____________________________________
my rights to review the records and
(Signature of Parent)
receive a copy at my expense, if I so
request.
_____________________________________
(Date)
Page 2 of 2
JC-7085
JR-EE
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
STUDENT RECORDS
RECORD OF ACCESS
(To be Placed Inside the Student's Record File.)
Requester
(Name or
Agency
Date of
Request
Date
Request
Filled
PARADISE SCHOOLS
2/7/13
Records
Requested
Method of
Access
(C-copy,
E-examine,
V-Verbal)
Educational
Interest or
Purpose
Date
Parents
Notified
Page 1 of 1
JC-7086
© 2012 Arizona School Boards Association
EXHIBIT
JR-EF
EXHIBIT
STUDENT RECORDS
DESTRUCTION OF INFORMATION
Date __________________
Dear
,
Parent or Guardian
This is to advise you that the School may destroy special education data and
other information on a student who has been in a special education program
whenever the student has been withdrawn, transferred, or graduated from
the School for at least five (5) years or when the information is no longer
needed to provide education services to
___________________________________
Student's Name
However, information contained in these records may be needed for other
purposes, such as documentation for eligibility for Social Security benefits.
Before these records are destroyed, you have the right to review the records
and obtain copies of any information. Please indicate your desire below and
return this form to the School before
___________________________________
Date
Sincerely,
________________________________________
Signature and Title of School Official
I  Do  Do Not wish to review the records of __________________________
________________________________________________________________________
___________________________________
Parent's or Guardian's Signature
_______________________
Date
If you do not complete and return this form within 90
days, records will be destroyed in accordance with
established policy.
LEGAL REF.: 20 U.S.C. 1232(f)(a)
34 C.F.R. 80.42
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-7087
JR-EG
© 2012 Arizona School Boards Association
EXHIBIT
EXHIBIT
STUDENT RECORDS
TRANSCRIPT RELEASE
Request
for
_____________________________
Student Name
____________________________________
Identification Number
Class/year
___________________________________________
Transcripts may be released to those indicated below
Check
Those
That
Apply
Postsecondary Institutions
United States Armed Forces
State Militia (National Guard)
Other: _________________________
_________________________
_________________________
___________________________________________
Assurance
statement
and
signatures
In making this request, the undersigned agrees that a transcript requested
by a party meeting the description indicated above may be transmitted upon
such party's request without further authorization (per A.R.S. 15-142).
The parent must sign this request if the student is under 18 years of age.
Only the student need sign if over 18 years of age.
_____________________________
Date Requested
Student
_____________________________
Print Name
________________________________
Authorized Signature and date
I, _____________________________, as the parent of ______________________,
(Parent Name)
Parental
consent
statement
consent to the release of transcripts to the party named above. I am aware
of my rights to review the records and receive a copy at my expense, if I so
request _____________________________
(Date)
Parent
____________________________________
authorization
Print Name
PARADISE SCHOOLS
2/7/13
(Student's Name)
________________________________
Authorized Signature and date
Page 1 of 1
JC-7200
© 2012 Arizona School Boards Association
JRCA
REQUEST FOR TRANSFER
OF RECORDS
The Executive Director shall develop procedures that comply with federal
and Arizona law related to the request for, and the response to such request
for, records of students who transfer into or out of the School from or to
another school.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-141
15-828
15-829
41-1354
20 U.S.C. 1232
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-7211
© 2012 Arizona School Boards Association
REGULATION
JRCA-R
REGULATION
REQUEST FOR TRANSFER
OF RECORDS
Requesting Records of
Transfer Students
Upon enrollment of a transfer student from a private school or from a public
school in another school, the administrator shall request that the student's
parent or guardian (or an emancipated student) authorize consent for the
request for the student's education records on form JR-ED.
Within five (5) school days after enrolling a transfer student from a private
school or from a public school in another school, the administrator shall
request, directly from the student's previous school, a certified copy of the
student's record.
Responding to Requests
for Student Records
Upon receiving a request for the records of a student who has withdrawn
from School, the School administrator shall comply and forward the record
within ten (10) days after receipt of the request, unless:
The record has been flagged pursuant to A.R.S. 15-829, in which case
the record shall not be forwarded and law enforcement officials shall be
notified.
The request does not conform to the requirements related to proper
release of records by an emancipated student or parent.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
JC-7300
© 2012 Arizona School Boards Association
JRE
STUDENT BIOMETRIC INFORMATION
Student biometric information, i.e., noninvasive electronic measurement of
physical characteristics of a person used to electronically identify that person,
may be collected by a school only after the following requirements have been
satisfied:
Written notice to the parents or guardians of the students of the intent
to collect biometric information.
Provided to the parents or guardians not less than thirty (30) days
prior to commencing collection of the information
Shall include a statement that the parent or guardian must give
written permission to collect the information
The statement shall be printed in not less than eighteen
(18) point boldface type.
The Executive Director may develop regulations for determining the type of
student biometric information to be collected, and for assuring that the
requisite notice, the receipt and validation of parent and guardian
permission, and the collection and use of student biometric information are
appropriately accomplished.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 15-109
CROSS REF.:
JR - Student Records
LC - Relations with Education Research Agencies
PARADISE SCHOOLS
2/7/13
Page 1 of 1
KC-0150
© 2012 Arizona School Boards Association
KB
PARENTAL INVOLVEMENT
IN EDUCATION
The Executive Director, in consultation with parents, teachers, and
administrators, shall develop a procedure for parental involvement in the
school(s). This These shall include:
A plan for parent participation in the school designed to improve parent
and teacher cooperation in such areas as homework, attendance, and
discipline.
A method by which parents may learn about the course of study for
their children and review learning materials, including the source of
any supplemental educational materials.
A procedure by which parents who object to any learning material or
activity on the basis that it is harmful may withdraw their children
from the activity or from the class or program in which the material is
used. Objection to a learning material or activity on the basis that it is
harmful includes objection to a material or activity because it questions
beliefs or practices in sex, morality, or religion.
Procedures to prohibit the School from providing sex education
instruction to a student unless the student's parent provides written
permission for the student to participate in the sex education curricula
if the School offers any sex education curricula pursuant to A.R.S. 15711 on the requirement to include instruction to student in grades
seven (7) through twelve (12) on laws relating to sexual conduct with a
minor or 15-716 concerning instruction on immune deficiency
syndrome, or pursuant to any rules adopted by the State Board of
Education.
Procedures by which parents will be notified in advance of and given
the opportunity to withdraw their children from any instruction or
presentations regarding sexuality in courses other than formal sex
education curricula.
Procedures by which parents may learn about the nature and purpose
of clubs and activities that are part of the school curriculum,
extracurricular clubs, and activities that have been approved by the
school.
Procedures by which parents may learn about parental rights and
responsibilities under the laws of this state, including the following:
The right to opt in to a sex education curriculum if one is provided
by the School.
PARADISE SCHOOLS
2/7/13
Page 1 of 4
KC-0150
© 2012 Arizona School Boards Association
KB
Open enrollment rights pursuant to A.R.S. 15-816.01, relating to
the School policies on open enrollment.
The right to opt out of assignments pursuant to A.R.S. 1-601,
Parents Bill of Rights. [See exhibit KB-EA]
The right to opt out a child out of immunizations as authorized by
A.R.S. 15-873, relating to an outbreak of a communicable disease.
The promotion requirements prescribed in A.R.S. 15-701 for
students in grades one (1) through eight (8).
The minimum course of study and competency requirements for
graduation from high school prescribed in A.R.S. 15-701.01.
The right to opt out of instruction on the acquired immune
deficiency syndrome as provided by A.R.S. 15-716.
The right to review their child's standardized nor-referenced test
results pursuant to A.R.S. 15-743.
The right to participate in gifted programs pursuant as prescribed
by A.R.S. 15-779.01.
The right to access instructional materials as directed by A.R.S.
15-730.
The right to receive the school's annual report card pursuant to
A.R.S. 15-746.
The school attendance and age requirements for children
prescribed in A.R.S. 15-802, 15-803 and 15-821.
The right to public review of courses of study and textbooks in the
common schools (preschool programs through grade eight [8]), as
prescribed in A.R.S. 15-721.
The right to be excused from school attendance for religious
purposes as described by A.R.S. 15-806.
Policies related to parental involvement pursuant A.R.S. 15-102
and set out herein.
The right to seek membership on school councils pursuant to
A.R.S. 15-351, describing the purpose, duties, and membership of
a school council. [Subject to the exemption of certain schools
exempted as described in A.R.S. 15-352].
PARADISE SCHOOLS
2/7/13
Page 2 of 4
KC-0150
© 2012 Arizona School Boards Association
KB
The right to participate in a parental satisfaction survey to
be distributed to the parent of every child enrolled at the
school, pursuant to A.R.S. 15-353.
Information about the student accountability information system
(SAIS) as prescribed in section 15-1042.
The right to access the failing schools tutoring fund pursuant to
A.R.S. 15-241.
The School plan under this policy may also include:
Making parents aware of this School parental involvement policy,
including:
Rights under the Family Educational Rights and Privacy Act
(FERPA) of 1974, as revised (20 U.S.C. 1232g) relating to access
to children's official records.
The parent's right to inspect the School policies and curriculum.
Efforts to encourage the development of parenting skills.
The communication to parents of techniques designed to assist the
student's learning experience in the home.
Efforts to encourage access to community and support services for
children and families.
The promotion of communication between the school and parents
concerning school programs and the academic progress of the parents'
children.
Identifying opportunities for parents to participate in and support
classroom instruction at the school.
Efforts to support, with appropriate training, parents as shared
decision makers and to encourage membership on school councils.
The recognition of the diversity of parents and the development of
guidelines that promote widespread parental participation and
involvement in the school at various levels.
The development of preparation programs and specialized courses for
certificated employees and administrators that promote parental
involvement.
PARADISE SCHOOLS
2/7/13
Page 3 of 4
KC-0150
© 2012 Arizona School Boards Association
KB
The development of strategies and programmatic structures at schools
to encourage and enable parents to participate actively in their
children's education.
Provide to parents the information in this policy in an electronic form.
Resumés of all current and former instructional personnel shall be
maintained and available for inspection of parents and guardians of pupils
enrolled. The resumé shall include individual educational and teaching
background and experience in a particular academic content subject area.
For the purposes of this policy parent means the natural or adoptive parent
or person who has custody of the student legal guardian of a minor child.
When a parent submits a written request for information to the Executive
Director or School administrator during regular business hours:
The Executive Director or School administrator shall:
Deliver the requested information to the parent within ten (10)
calendar days, or
Provide to the parent a written explanation for denial of the
requested information.
If the requested information is denied or is not received by the parent
within fifteen (15) calendar days
The parent may submit to the Governing Body a request for the
requested information, and
The Governing Body shall consider the request at the next
scheduled meeting of the Governing Body on which the request
can be properly noticed. If the request cannot be properly noticed
on the next scheduled meeting agenda, the Governing Body shall
formally consider the request at the next subsequent public
meeting of the Governing Body.
Adopted: date of Handbook adoption
LEGAL REF.: A.R.S. 1-601
1-602
15-101
15-102
CROSS REF.:
IHBD - Compensatory Education
JHD - Exclusions and Exemptions from School Attendance
KDB - Public's Right to Know/Freedom of Information
PARADISE SCHOOLS
2/7/13
Page 4 of 4
KC-0181
© 2012 Arizona School Boards Association
EXHIBIT
KB-EA
EXHIBIT
PARENTAL INVOLVEMENT
IN EDUCATION
RESUMÉ OUTLINE
Instructor Identification
______________________________________
Name
__________________________________
Current teaching assignment(s)
________________________________________________
Professional Preparation
Certificated to teach in current assignment yes no
Emergency or provisional status yes no
Institution
Institution
Bachelor Degree ____________________
Masters Degree ________________
Doctorate Degree ___________________
Other
_______________________
Education/ _____________________
Training
_____________________
________________________________________________
Professional Experience
Grade Level or Academic Content Subject Area*
Years Taught
*Grade Level for self-contained classroom; Subject Area for departmentalized
courses.
PARADISE SCHOOLS
2/7/13
Page 1 of 1
KC-0182
© 2012 Arizona School Boards Association
EXHIBIT
KB-EB
EXHIBIT
PARENTAL INVOLVEMENT
IN EDUCATION
PARENT'S BILL OF RIGHTS*
(Enacted by the 49th Arizona Legislature,
2nd Regular Session (2010)
Session Law SB1309, Chapter 307
Arizona Revised Statutes 1-601 and 1-602)
Parents' Rights Protected
The liberty of parents to direct the upbringing, education, health care and
mental health of their children is a fundamental right.
This state, any political subdivision of this state or any other governmental
entity shall not infringe on these rights without demonstrating that the
compelling governmental interest as applied to the child involved is of the
highest order, is narrowly tailored and is not otherwise served by a less
restrictive means.
Parents' Bill of Rights; definition
All parental rights are reserved to a parent of a minor child without
obstruction or interference from this state, any political subdivision of this
state, any other governmental entity or any other institution, including, but
not limited to, the following rights:
The right to direct the education of the minor child.
All rights of parents identified in Title 15, including the right to access
and review all records relating to the minor child.
The right to direct the upbringing of the minor child.
The right to direct the moral or religious training of the minor child.
The right to make health care decisions for the minor child, including
rights pursuant to sections 15-873, 36-2271 and 36-2272, unless
otherwise prohibited by law.
PARADISE SCHOOLS
2/7/13
Page 1 of 3
KC-0182
© 2012 Arizona School Boards Association
EXHIBIT
KB-EB
EXHIBIT
The right to access and review all medical records of the minor child
unless otherwise prohibited by law or the parent is the subject of an
investigation of a crime committed against the minor child and a law
enforcement official requests that the information not be released.
The right to consent in writing before a biometric scan of the minor
child is made pursuant to section 15-109.
The right to consent in writing before any record of the minor child's
blood or deoxyribonucleic acid is created, stored or shared, except as
required by section 36-694, or before any genetic testing is conducted on
the minor child pursuant to section 12-2803 unless authorized pursuant
to section 13-610 or a court order.
The right to consent in writing before the state or any of its political
subdivisions makes a video or voice recording of the minor child, unless
the video or voice recording is made during or as a part of a court
proceeding, during or as part of a forensic interview in a criminal or
child protective services investigation or to be used solely for any of the
following:
Safety demonstrations, including the maintenance of order and
discipline in the common areas of a school or on pupil
transportation vehicles.
A purpose related to a legitimate academic or extracurricular
activity.
A purpose related to regular classroom instruction.
Security or surveillance of buildings or grounds.
A photo identification card.
The right to be notified promptly if an employee of this state, any
political subdivision of this state, any other governmental entity or any
other institution suspects that a criminal offense has been committed
against the minor child by someone other than a parent, unless the
incident has first been reported to law enforcement and notification of
the parent would impede a law enforcement or child protective services
investigation. This paragraph does not create any new obligation for
charter schools to report misconduct between students at school, such
as fighting or aggressive play, that are routinely addressed as student
disciplinary matters by the school.
PARADISE SCHOOLS
2/7/13
Page 2 of 3
KC-0182
© 2012 Arizona School Boards Association
EXHIBIT
KB-EB
EXHIBIT
The right to obtain information about a child protective services
investigation involving the parent pursuant to section 8-807.
This section does not authorize or allow a parent to engage in conduct
that is unlawful or to abuse or neglect a child in violation of the laws of
this state. This section does not prohibit courts, law enforcement
officers or employees of a government agency responsible for child
welfare from acting in their official capacity within the scope of their
authority. This section does not prohibit a court from issuing an order
that is otherwise permitted by law.
Any attempt to encourage or coerce a minor child to withhold
information from the child's parent shall be grounds for discipline of an
employee of this state, any political subdivision of this state or any
other governmental entity, except for law enforcement personnel.
Unless those rights have been legally waived or legally terminated,
parents have inalienable rights that are more comprehensive than
those listed in this section. This chapter does not prescribe all rights of
parents. Unless otherwise required by law, the rights of parents of
minor children shall not be limited or denied.
For the purposes of this section, "parent" means the natural or adoptive
parent or legal guardian of a minor child.
*Note: The literal language of the Parents' Bill of Rights is retained as
enacted by the Legislature. However, the layout and style has been modified
to be consistent with that of the other documents in the School's Handbook of
Governing Body Policies and Administrative Regulations. Where the term
"section" appears it is to be understood as the identified section of the
Arizona Revised Statutes (A.R.S.).
PARADISE SCHOOLS
2/7/13
Page 3 of 3
KC-0900
KD
© 2012 Arizona School Boards Association
PUBLIC INFORMATION
AND COMMUNICATIONS
The Executive Director has the responsibility of keeping the public informed
as to the purpose, goals, methods, and progress of the educational program.
Accuracy, reliability, and leadership in this area will develop confidence and
understanding, creating better relationships between the School and the
community. All School personnel are responsible for good public relations.
All written notices, bulletins, newsletters, and matters pertaining to students
are to be approved prior to release. Matters that pertain to an individual
school are to be approved by the administrator prior to release. Matters that
pertain to the School are to be submitted for approval to the Executive
Director prior to release.
Non-school-originated material of a commercial, political, or religious nature
shall not be released through the students.
This policy is not intended to interfere with the responsibility of School
personnel to communicate directly with the parents or legal guardians of a
particular student in areas affecting that student's progress at School. It is
intended to ensure that prompt, reliable, and accurate information is
released to the parents and patrons of the School.
Adopted: date of Handbook adoption
CROSS REF.:
KHC - Distribution/Posting of Promotional Materials
PARADISE SCHOOLS
2/7/13
Page 1 of 1
KC-1000
© 2012 Arizona School Boards Association
KDB
PUBLIC'S RIGHT TO KNOW /
FREEDOM OF INFORMATION
Public records of the School will be open for inspection by any person as
provided by law.
The office of the Executive Director will be open to receive requests for
records inspection or copying during normal business hours on Monday
through Friday.
Requests for access to records shall be made in writing and directed to the
office of the Executive Director.
All persons requesting inspection and/or copying of public records must attest
that they have not requested the public records of the School for a commercial
purpose. If the records are requested for a commercial purpose, the requester
must provide a statement, verified by the requester, setting forth the
commercial purpose for which the materials will be used.
The above declaration will be made and signed on the official form provided
by the School for requesting inspection and/or copying of public records.
The Executive Director may permit access to, or provide for the copying of,
the records requested within a reasonable period of time following receipt of
the signed request or will provide an explanation of a cause for further delay
and will give notification of the time the records will be available, or, if access
is denied, the Executive Director will provide a written statement of the
grounds for denial.
Re