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2019-20

Student
Rights
&
Code of
Conduct

District Policies
and Regulations
A guide to Student Rights and
the Code of Conduct for students in
Poudre School District
&
2019-20
Student Rights
Code of Conduct
Contents
A Message to Parents.............................................................................................................................................................. 5

Student Rights and Responsibilities


Tobacco-Free and Marijuana-Free District (ADC).................................................................................................................... 7
Student Conduct on School Buses (EEAEC)............................................................................................................................. 8
Student Conduct on School Buses (EEAEC-R).......................................................................................................................... 8
Electronic Monitoring and Surveillance (ECAF)..................................................................................................................... 10
School-Sponsored Student Publications (IHAAA).................................................................................................................. 12
Compulsory Attendance Ages (JEA)....................................................................................................................................... 13
Student Attendance/Truancy (JH/JHB).................................................................................................................................. 13
Open/Closed Campus (JHCA)................................................................................................................................................ 15
Student Dress (JICA).............................................................................................................................................................. 16
Bullying Prevention and Education (JICDE)............................................................................................................................ 17
Student Distribution of Non-School Materials (JICEC)........................................................................................................... 18
Secret Societies/Gang Activity and Dress (JICF).................................................................................................................... 20
Student Conduct Involving Drugs and Alcohol (JICH)............................................................................................................ 20
Student Conduct Involving Weapons (JICI)............................................................................................................................ 23
Searches (JIH)........................................................................................................................................................................ 24
Interscholastic Athletic Training and Personal Conduct Rules (JJ)......................................................................................... 25
Student Discipline (JK)........................................................................................................................................................... 27
Disciplinary Removal from Classroom (JKBA)........................................................................................................................ 29
Discipline of Habitually Disruptive Students (JKC)................................................................................................................. 30
Suspension/Expulsion of Students (JKD/JKE)........................................................................................................................ 31
Procedures Regarding Suspension/Expulsion of Students (JKD/JKE-R)................................................................................. 33
Poudre School District Student Rights & Code of Conduct

Grounds for Suspension/Expulsion of Students (JKDA/JKEA)................................................................................................ 37


Administering Medicine to Students/Asthma, Food Allergy and Anaphylaxis Health Management (JLCD)..........................39
Administering Medicine to Students (JLCD-R)....................................................................................................................... 45
Screening/Testing of Students (JLDAC).................................................................................................................................. 46
Student Vehicle Use and Parking (JLIE).................................................................................................................................. 48
Student Records/Release of Information on Students (JRA/JRC).......................................................................................... 49
Use of Restraint and Seclusion.............................................................................................................................................. 54

Nondiscrimination/Equal Opportunity Policies


Nondiscrimination/Equal Opportunity (AC).......................................................................................................................... 54
Reporting Discrimination/District Response to Discrimination Complaints (AC-R)............................................................... 56
Nondiscrimination on the Basis of Disability (ACE)............................................................................................................... 59
Harassment of Students (JBB)............................................................................................................................................... 63

Information Technology (IT) Policies


Student Possession and Use of Personal Communication Devices (JICJ).............................................................................. 65
Student Use of District Information Technology (JS)............................................................................................................ 67

Additional Policies
Choice/Open Enrollment (JFBA)............................................................................................................................................ 69
Public Concerns/Complaints About Instructional Resources (KEC)....................................................................................... 75
Public Concerns/Complaints Form (KEC-E)............................................................................................................................ 77
Visitors to Schools (KI)........................................................................................................................................................... 78

6/8/19

Esta guía se puede obtener en español en la oficina de su escuela.


This handbook is available in Spanish in your school office.

To order copies of the Student Rights & Code of Conduct booklet contact the Poudre School District
Warehouse using stock # FS102000
Poudre School District Student Rights & Code of Conduct

A Message for Parents


Dear Parents

As you enroll your students in Poudre School District (PSD) schools this year, we encourage you to review the
Student Rights and Code of Conduct booklet with your children and to support its implementation by our schools.

Creating and maintaining a safe learning environment for our students is a team effort, and we ask for your
help as we strive to protect students’ rights while keeping the school environment safe and conducive to learning.
I am pleased to report that most PSD students uphold high conduct standards by following the rules, policies and
regulations set forth in this booklet, and are not involved in disciplinary action that results in lost class time.

When a PSD student violates a policy or law, principals, counselors, student assistance staff, and school
resource officers work with students and parents for the best outcome—utilizing appropriate disciplinary
action and treatment to improve behavior. Interventions may involve consequences, counseling and referral to
community services, and treatment can be requested through partnerships with local service providers.

Many of our schools utilize Positive Behavioral Interventions and Support to promote conduct that supports strong
character. Our district’s School Resource Officer (SRO) program is a long-standing partnership between the Fort
Collins Police Department, Larimer County Sheriff’s Office and PSD. Thirteen on-campus officers serve as mentors,
instructors, and counselors, enforce laws and facilitate conflict resolution.

Prevention is critical to providing a safe learning environment. Proactive programs taught during the school
day address substance abuse prevention and response, violence prevention, bullying education and response and
how to deal with inappropriate and disruptive behavior. Programs involve proven research-based curriculum and
school-based programming tailored to the needs of individual student populations.

School safety is a community effort and PSD relies on students, staff, parents and community members working
with us to help keep our campuses safe places for learning. Our mantra is: “If you see something, say something.”
That goes for anyone in our buildings or on our campuses including parents, volunteers and business leaders. We
encourage everyone to report suspicious activity or safety information to school administrators for follow up. We
understand that some folks are not comfortable telling their school principal, dean or assistant principal about
something they may have heard. So, PSD participates in the statewide Safe2Tell Colorado program which provides
the opportunity for anyone to provide anonymous tips about safety at schools. Information can be provided to
Safe2Tell via its website, App or hotline at (877) 542-SAFE (7233). All information is anonymous and passed onto
the appropriate personnel in the district for follow-up. Keeping our schools safe places for learning requires that we
work together as a community to speak up when something doesn’t seem right and actively participate in reporting
suspicious behaviors, activities or rumors in a proactive manner.

Please direct any questions you have regarding our Student Rights and Code of Conduct booklet to your child’s
school principal. We look forward to working together for another safe and successful school year for your child!

Sincerely,

Sandra Smyser, Ph.D.


Superintendent of Schools

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Poudre School District Student Rights & Code of Conduct

Tobacco-Free and subject to discipline for acting in compliance with


Policy JLCD.
Marijuana-Free District
(ADC) Employees found to be in violation of this policy
shall be subject to appropriate disciplinary ac-
In order to promote the general health, welfare
tion.
and well-being of students and staff, use of any
tobacco product and use of marijuana by stu- Members of the public found to be in violation of
dents, staff and members of the public is prohib- this policy may be requested to leave the District
ited on all District property. Use of any tobacco property where the violation occurs.
product and use of marijuana by students and
staff is also prohibited at all District or school- For purposes of this policy, the following defini-
sanctioned activities or events off District prop- tions apply:
erty. Possession of marijuana by students, staff 1. “District property” shall mean all property
and members of the public is prohibited on all owned, leased, rented or otherwise used
District property, and possession of any tobacco or contracted by the District or one of its
product by students is also prohibited on all Dis- schools, including but not limited to the fol-
trict property. lowing:
Signs shall be posted in prominent places on Dis- a. All interior portions of any building used
trict property to notify all individuals that the use for instruction, administration, support
of tobacco products and marijuana is prohibited services, maintenance or storage, and
in accordance with state law and District policy. any other structure used by the District.
Students who use or possess tobacco products b. All District grounds surrounding any
in violation of this policy shall be subject to building specified in paragraph 1(a)
disciplinary measures including revocation of above over which the District is autho-
privileges, exclusion from extracurricular activi- rized to exercise dominion and control.
ties, detention and, for repeated violations, sus- Such grounds shall include any play-
pension or expulsion from school. In accordance ground, athletic field, recreation area
with state law, this policy shall not require the and parking area.
expulsion of any student solely for use of any
tobacco product. Students who use or possess c. All vehicles used by the District for the
marijuana in violation of this policy shall be purpose of transporting students, staff,
subject to the consequences specified in District visitors or any other persons.
Policy JICH. 2. “Tobacco product” shall mean cigarettes,
As required by Colorado law, primary caregivers cigars, pipe tobacco, snuff, chewing tobacco
are permitted to administer medical marijuana and: (a) any other product that contains nic-
in a nonsmokeable form to students on District otine or tobacco or is derived from tobacco
property and at District or school-sponsored ac- and is intended to be ingested or inhaled
tivities and events in accordance with the terms by or applied to the skin of an individual,
and conditions specified in District Policy JLCD. including but not limited to e-liquid, vape
Notwithstanding any provision of this Policy ADC juice, vaping oil and similar products; or (b)
to the contrary, students shall not be considered any device that can be used to deliver nico-
in violation of this Policy ADC and shall not be tine to the person inhaling from the device,
including but not limited to an electronic

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Poudre School District Student Rights & Code of Conduct

cigarette, cigar, cigarillo, pipe, vape pen or ■ At the Bus Stop


other device used to inhale a vaporized 1. Students must be at the bus stop no later
liquid. “Tobacco product” does not mean than five minutes before the bus is sched-
any product that has been approved by the uled to arrive.
appropriate federal agency as a tobacco use
cessation product. 2. Students must be out of the roadway either
on the sidewalk or on the shoulder of the
3. “Use” shall mean the lighting, chewing, in- road as the bus approaches the stop.
haling, smoking, ingesting, applying to the
skin or public display of any tobacco product 3. If a student causes damage to personal or
or marijuana. public property at a bus stop, the student
and his or her parents/guardians shall be
responsible for it.
Student Conduct on School
Buses (EEAEC) ■ On the Bus
The privilege of riding a school bus is contingent 1. Students must cooperate with the bus oper-
upon a student’s good behavior and observance ator and follow directions the first time they
of established regulations for student conduct at are given.
bus stops and when using bus services.
2. Students must stay seated and face forward
Students are subject to the District’s Code of Con- with their feet in front of them. They must
duct and to the bus operator’s directions at all display courtesy and respect for other pas-
times in connection with their school bus usage. sengers.
The operator of a school bus shall be responsible
3. Students must keep the noise level down.
for the safety of the students on his/her bus dur-
Screaming or other loud distractions will not
ing the time they are on board and while they are
be permitted. Students must be silent at rail-
entering or leaving the vehicle. A bus operator
road crossings.
may suspend a student’s bus-use privilege in ac-
cordance with accompanying District regulations ■ Consequences for Misbehavior
and upon direct authorization of the director of
Discipline for misconduct on school buses is
transportation services or his/her designee.
cumulative and progressive. A warning may be
Principals/site managers shall be responsible given for one type of inappropriate behavior,
for students’ conduct while they are waiting for and a suspension may be given for another type
buses at school, and shall cooperate fully with of misbehavior. Transportation officials may
transportation department personnel in address- suspend riding privileges at any time, even after
ing student misbehavior. a first report, depending on the nature of the in-
fraction.
Student Conduct on School Generally, the following procedures will be fol-
Buses (EEAEC-R) lowed:
The following regulations govern students who 1. The bus operator will give a verbal warning
ride Poudre School District buses. Students will to the misbehaving student(s). All verbal
be responsible for knowing and following these counseling will be documented in the disci-
rules.

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Poudre School District Student Rights & Code of Conduct

pline records and in the bus operator’s log which they are assigned must bring a note
book. to the school office from a parent or guard-
ian requesting this service. Requests will be
2. If misbehaving continues, the bus operator
honored provided students are well behaved
will issue a written warning to be sent home
and the bus does not become overloaded.
with the student and will take appropriate
The principal or designee will issue a bus
steps to contact the parents or guardians.
pass to be given to the bus operator by stu-
3. At the bus operator’s discretion, the student dents requesting this service. Bus operators
may be issued a suspension from riding will accept only official bus passes issued by
privileges for one to five days if the student the school office or transportation services;
continues to misbehave. The bus operator they will not accept notes from parents or
will take appropriate steps to contact the guardians.
parents or guardians before the suspension.
■ Unsafe Items
4. Students who fail to respond to the above- 1. In accordance with Colorado Department of
described discipline may be suspended from Education (CDE) regulations, items brought
bus-riding privileges for a period of time to on board by students will be subject to
be determined by transportation officials. review by the bus operator who will deter-
mine if such items would endanger the lives,
Note: Student behavior at the bus stop and on the
health, or safety of the passengers and bus
bus is also subject to the Code of Conduct, and
operators. Bus operators are authorized to
violations may subject students to discipline be-
refuse transportation of items they deter-
sides loss of bus privileges, including suspension
mine to be unsafe.
and/or expulsion from school.
2. Items not allowed on board buses include
■ Bus Transportation After
firearms, explosives, flammables, knives or
School Dismissal
other sharp instruments, weapons, animals
1. After school is dismissed for the day, buses (except as permitted by law and Policy ADG),
will pick up students according to the trans- glass containers or other items that can
portation routing schedule set annually break or shatter, tobacco products, unau-
by the director of transportation services. thorized drugs (as defined in Policy JICH),
Buses will leave the school no earlier than coolers over eight quarts in size, laser point-
five minutes after the final dismissal bell. ers, and any other items, including large
2. Buses will not return to school to pick up instruments and/or projects, that cannot be
students arriving late at the loading zone. held on a student’s lap or stored in a sports
bag or backpack.
■ Student Assignment to Bus Stops
■ Severe Weather
1. All eligible students will be assigned to a bus
stop by transportation services. Students Students should expect and dress for delays in
must be picked up and dropped off at their bus service in severe weather.
assigned stops.

2. Students wanting to bring a guest on the bus


or to get off at a stop other than the one to

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Poudre School District Student Rights & Code of Conduct

Electronic Monitoring and Students, staff and other persons are prohibited
from the unauthorized use of, and from tamper-
Surveillance (ECAF)
ing with or otherwise interfering with, the Dis-
The Board of Education recognizes its continu- trict’s video and/or audio-visual cameras and
ing responsibility to ensure the District’s proper related equipment.
and efficient operation, to protect District prop-
erty, to maintain and improve student discipline Notices shall be posted at appropriate locations
and to ensure the health, welfare and safety of where video and/or audio-visual cameras may be
students, staff and other persons at District fa- used at District facilities, in and around District
cilities, in and around District buildings and on buildings and on District transportation vehicles
District transportation vehicles. Toward this that persons in such areas are subject to video
end, the Board supports the administration’s and/or audio-visual monitoring and recording at
use of video and audio-visual cameras at District any time.
facilities, in and around District buildings, and
■ Telephone Monitoring and
on District transportation vehicles, as well as the Recording
monitoring of communications over the District’s
Communications over the District’s telephone
telephone system, in accordance with this policy
system may be monitored and/or recorded at
and governing law. The superintendent or super-
any time, as long as sufficient notice is given to
intendent’s designee(s) shall select or otherwise
reasonably inform all parties to the communica-
approve prior to their acquisition such video and
tions that such monitoring and/or recording is
audio-visual cameras, audio telephone recorders,
taking place.
and related equipment.
Telephone recordings are and shall remain the
■ Use of Video Cameras
property of the District. Authorization to listen
Video and audio-visual cameras may be used to to such recordings may be granted to District of-
monitor and record students, staff and other per- ficials demonstrating a legitimate need to do so,
sons at District facilities, in and around District as determined by the superintendent, security
buildings and/or on District transportation ve- manager, or their designee(s), in accordance with
hicles on a year-round basis at any and all times, governing law and, where applicable, District
whether or not school is in session and whether Policies GBJ and JRA/JRC. Authorization to listen
or not the facilities, buildings and/or transpor- to such recordings may be granted to individuals
tation vehicles are in use. The use of video and who are not authorized District officials only as
audio-visual cameras may be rotated between required by law.
District transportation vehicles at the discretion
of the director of transportation services. Audio- Listening to telephone recordings may only be
visual cameras may be used to monitor and re- permitted in the Support Services Office Com-
cord students, staff and other persons only if suf- plex unless otherwise authorized by the super-
ficient notice is given to reasonably inform them intendent or superintendent’s designee(s), or
of the monitoring and recording. unless otherwise required by law. To the extent
required by law, a written log shall be maintained
Neither video cameras nor audio-visual cameras of individuals listening to telephone recordings,
may be used in restrooms, locker facilities or including the date of listening, reasons for listen-
other areas where students, staff and/or other ing, date the recording was made, parties to the
persons have a reasonable expectation of privacy.

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Poudre School District Student Rights & Code of Conduct

telephone communication (to the extent known), considered for retention as part of a student’s ed-
and signature of listener(s). ucation record shall be maintained in accordance
with established procedures governing access,
■ Use, Storage And Security Of review and release of such records.
Recordings
Video, audio and audio-visual recordings may be ■ Viewing Video and Audio-Visual
used as evidence that a student, staff member or Recordings
other person has engaged in behavior that vio- Video and audio-visual recordings are and shall
lates the criminal code, District policies/regula- remain the property of the District. Such record-
tions, and/or school rules. ings may not be viewed by any person, including
District officials granted unsupervised physical
Video and audio-visual recordings from District
access to the recordings, except as permitted or
facilities and from in and around District build-
required by law and this policy. Authorization
ings shall be maintained in their original form
to view recordings may be granted to individu-
for at least seven (7) calendar days after the
als demonstrating a legitimate need to do so,
initial recording. Video and audio-visual record-
as determined by the superintendent, security
ings from District transportation vehicles shall
manager, or their designee(s), in accordance with
be maintained in their original form for at least
governing law and, where applicable, District
three (3) school days after the initial recording.
Policies GBJ and JRA/JRC.
Audio recordings of District telephone communi-
cations shall be maintained in their original form Requests by individuals who are not authorized
for at least seven (7) calendar days after the ini- District officials under governing law or District
tial recording. After such periods the video, au- Policies GBJ or JRA/JRC to view recordings that
dio and audio-visual recordings may be deleted, were made at District facilities or in and around
erased or recorded over unless an incident has District buildings shall be presented in writing to
occurred in which a recording may be relevant to the security manager or his/her designee within
an investigation by District or law enforcement seven (7) calendar days after the date of the re-
personnel, in which case the recording shall be cording. Requests by individuals who are not au-
maintained in its original form until the investi- thorized District officials under governing law or
gation and any resulting legal proceedings and/ District Policies GBJ or JRA/JRC to view records
or disciplinary action is finally concluded. made on District transportation vehicles shall be
presented in writing to the director of transpor-
Video, audio and audio-visual recordings shall be
tation services or his/her designee within three
stored and secured to ensure confidentiality. The
(3) school days after the date of the recording.
superintendent or security manager shall deter-
Such written requests must include an explana-
mine the District officials who may be granted
tion of why the requesting individual wishes to
unsupervised physical access to such recordings
view the recording(s) at issue.
from some or all locations at District facilities, in
and around District buildings and/or on District Only the portion of the recording concerning the
transportation vehicles. specific incident at issue shall be made available
for viewing.
■ Student Education Records
The District shall comply with all laws regarding The viewing of recordings may only be permitted
student education records applicable to video, at school buildings, in the transportation office,
audio and audio-visual recordings. Recordings or in the Support Services Office Complex unless

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Poudre School District Student Rights & Code of Conduct

otherwise authorized by the superintendent or acts, the violation of lawful school regula-
superintendent’s designee(s), or unless other- tions, the material and substantial disrup-
wise required by law. All viewings shall include tion of the orderly operation and discipline
the security manager, the director of transporta- of the school and school activities.
tion services and/or the building principal, or
their designee(s). 5. Expression which violates the rights of oth-
ers to privacy.
To the extent required by law, a written log shall
be maintained of individuals viewing recordings, 6. Expressions which are in violation of lawful
including the date of viewing; reasons for view- school regulations designed to maintain an
ing; date the recording was made; District facility educational environment conducive to learn-
and area of facility, District building and area in ing and/or prevent disruption of school
or around building, or District vehicle where the operations.
recording occurred (plus name of driver); and The publications instructor shall direct and con-
signature of viewer(s). trol the learning experience that the publication
is intended to provide, and shall teach and en-
School-Sponsored Student courage responsible expression and professional
Publications (IHAAA) standards of English and journalism. The pub-
lications instructor may directly assign work to
The purpose of school-sponsored student publi- students or, in the alternative, may make student
cations shall be to provide students with guided editors responsible for determining the news,
instructional experiences in reporting, writing, opinion, and advertising content of the publica-
editing, and understanding English and respon- tion subject to review and approval by the pub-
sible journalism. School newspapers have the ad- lications instructor, the provisions of this policy
ditional purpose of disseminating school-related and governing law.
information among the members of the school
community. The publications instructor shall provide direc-
tion and supervision to students in developing
The Board encourages students to freely and cre- editorial policy guidelines which address the
atively express their views in school-sponsored publication’s philosophy and operating proce-
publications subject to the limitations of this pol- dures including, but not limited to, sensitive
icy, which shall serve as a publications code, and issues such as profanity, advertising, confidential-
governing law. To protect the rights of all mem- ity, invasion of privacy, deaths within the school
bers of the school community and to promote community, and letters to the editor. The editorial
the educational purposes of the schools, students policy shall be reviewed and revised yearly by the
shall be prohibited from publishing: publications instructor.
1. Expression which is obscene. All school-sponsored publications shall contain
2. Expression which is libelous, slanderous, or a disclaimer that expression made by students
defamatory under state law. in the exercise of freedom of speech or freedom
of the press, as may be allowed under this policy,
3. Expression which is false as to any person. is not an expression of the District or of District
policy, and that the District and its employees are
4. Expression which creates a clear and pres-
immune from civil or criminal action based on
ent danger of the commission of unlawful

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Poudre School District Student Rights & Code of Conduct

any expression made or published by students in cision. If the decision is that all or any part of the
such cases. expression is prohibited under the terms of this
policy, the decision shall specify the rule or stan-
■ Time, Place, and Manner of dard which has been violated.
Distribution
The principal shall coordinate with the publica- If the decision of the principal or principal’s
tions instructor regarding the time, place and designee is not acceptable to any of the parties
manner of distributing school-sponsored pub- involved, they may appeal the decision to the
lications to reduce any conflict with school in- superintendent or superintendent’s designee by
structional time and/or reduce any disruption of written request, which must be received by the
the orderly operation of the school that might be superintendent or designee by the close of the
caused by the distribution of school-sponsored business day following the date of the princi-
publications. pal’s/designee’s decision.

The Board of Education may review a decision by


■ Review Procedures
the superintendent or superintendent’s designee
Any member of the administration, faculty, or
if it deems such review necessary or desirable,
staff of a school in Poudre School District R-1
and if a written request setting forth the appeal-
who has knowledge or reasonable suspicion of
ing party’s position is received by the secretary
the publication, intended publication, distribu-
of the Board within two school days of the date of
tion, or intended distribution of any school-
the superintendent’s/designee’s decision.
sponsored publication which contains prohibited
expression as listed above shall notify the publi-
cations instructor as soon as possible of such fact, Compulsory Attendance
together with all supporting information known Ages (JEA)
to the notifying person. In the event the publica-
Every child who has attained the age of six years
tions instructor is unable or unwilling to address
on or before August 1 and is under the age of 17
the matter to the satisfaction of the notifying per-
years is required to attend public school, with
son, that person may present his or her concerns
such exceptions as provided by law. It is the par-
to the principal or principal’s designee.
ents’ responsibility to ensure attendance.
Whenever a matter comes before the principal or
As authorized by law, the parent of a child who
principal’s designee for resolution, an informal
began attending preschool or kindergarten at five
hearing shall be scheduled as soon as reasonably
or six years of age may notify the child’s school
possible. At the hearing, the students involved,
of the parent’s wish that the child not advance to
the publications instructor, and such other per-
first grade in the following school year. A school
sons as the principal or designee deems appro-
that receives such notice shall not advance the
priate may be present.
child to first grade in the following school year.
All parties involved shall have the opportunity to
present their views. However, they shall not have Student Attendance/
the right to representation by legal counsel or to Truancy (JH/JHB)
call or cross-examine witnesses.
State law requires parents/guardians to ensure
Thereafter, the principal or principal’s designee that every child under their care and supervision
shall notify all parties in writing of his or her de- receives adequate education and training and, if

Page 13
Poudre School District Student Rights & Code of Conduct

of compulsory attendance age, attends school. ■ Unexcused Absences


Continuity in the learning process and social An unexcused absence is defined as an absence
adaptation is seriously disrupted by excessive that is not listed above as an excused absence. 
absences.  Accordingly, Poudre School District Each unexcused absence shall be entered on the
students are required to satisfy all academic student’s record.  School personnel shall notify
requirements and exhibit good attendance as each student’s parent/guardian of the student’s
stated in this policy. unexcused absences in a timely manner so as to
allow the parent/guardian to address the prob-
■ Excused Absences
lem.
The following shall be considered excused ab-
sences: In accordance with law, the District may impose
appropriate penalties for a student’s nonatten-
1. A student whose absence is approved by dance due to unexcused absences.  The District
an authorized school administrator.  Prear- attendance officer and school administrators
ranged absences shall be approved for ap- shall communicate the District’s and school’s
pointments or circumstances of a serious rules and procedures related to unexcused ab-
nature that cannot be taken care of outside sences to students and their parents/guardians. 
school hours. Students and parents/guardians may petition
2. A student who is temporarily ill or injured. their school principal for exceptions, which must
be approved by the assistant superintendent of
3. A student who is absent for an extended elementary schools or assistant superintendent
period due to physical, mental or emotional of secondary schools, as appropriate.
disability.
■ Truancy
4. A student who is pursuing a work-study pro-
A student shall be considered “truant” if he or
gram under the supervision of the school. she is absent from school without excuse as pro-
5. A student who is attending any District- vided under this policy. In order to reduce the
sponsored activity with advance approval of incidents of truancy, parents/guardians of all stu-
the school administration. dents shall be notified in writing at the beginning
of each school year of their obligation to ensure
6. A student who is excused by a parent/guard- that their children of compulsory attendance
ian for observance of a religious holiday. age attend school.  Parents/guardians shall be
required to furnish the school with a telephone
7. A student who is in the custody of a court or
number or other means of contacting them dur-
law enforcement authorities.
ing the school day.
8. A student whose absence is due to suspen-
The District shall establish a system of monitor-
sion or expulsion.
ing individual excused and unexcused absences. 
The District may require suitable proof regarding When a student fails to report on a regularly
the above exceptions, including written state- scheduled school day and school personnel have
ments from medical sources. received no indication that the parent/guardian
is aware of the absence, school personnel (or vol-
unteers under the direction of school personnel)

Page 14
Poudre School District Student Rights & Code of Conduct

shall make a reasonable effort to notify the par- the expelled student in accordance with state law.
ent/guardian by telephone. The District shall determine the amount of credit
the expelled student will receive for work com-
Appropriate District personnel shall make all
pleted in such an alternative education program.
reasonable efforts to meet with the student’s par-
ent/guardian to review and evaluate the reasons ■ Tardiness
for the student’s truancy.  A plan shall be devel- Tardiness is defined as the appearance of a stu-
oped for a student who is declared habitually dent without proper excuse after the scheduled
truant, with the goal of assisting the student to time that a class begins.  Because of the disrup-
remain in school.  As appropriate, the student’s tive nature of tardiness and the detrimental effect
parent/guardian shall participate with District upon the rights of the non-tardy students to unin-
personnel in the development of the plan. terrupted learning, penalties shall be imposed for
A student shall be considered “habitually truant” excessive tardiness.  Parents or guardians shall
if he or she is of compulsory attendance age and be notified of all penalties regarding tardiness.
has incurred 10 total days of unexcused absences A student detained by another teacher or admin-
during any school year or four total days of un- istrator shall not be considered tardy, provided
excused absences in any month. As provided by that the student is given a pass to enter the next
law, judicial proceedings may be initiated to en- class.  Teachers shall honor passes presented in
force the state’s compulsory attendance law with accordance with this policy.
respect to students determined to be habitually
truant. ■ Appeals
Appeals regarding the District’s application of
■ Make-up Work
this policy with respect to any student shall be
Make-up work shall be provided by the school for made to the assistant superintendent of elemen-
any class in which a student has an excused ab- tary schools or the assistant superintendent of
sence unless otherwise determined by the school secondary schools, as appropriate. If the appeal
principal or unless the absence is due to the is not satisfactorily resolved by the appropriate
student’s expulsion from school.  Make-up work assistant superintendent, the matter may be ap-
shall be allowed following an unexcused absence pealed to the superintendent, whose decision
and following a student’s suspension from school shall be final.
with the goal of providing the student an oppor-
tunity to keep up with the class and an incentive
to attend school.  However, this work may receive Open/Closed Campus
only partial credit, as authorized by law. (JHCA)
It is the student’s responsibility to pick up per- All schools, except the comprehensive senior high
mitted make-up assignments on the day the schools, shall operate under a closed-campus
student returns to class.  There shall be one day policy. Students who are subject to the closed-
allowed to make up work for each day of absence. campus requirement under this policy shall not
be permitted to leave the campus during the
Unless otherwise permitted by the school princi- school day without permission.
pal, make-up work shall not be provided during a
student’s expulsion from school. Rather, the Dis- Open-campus is a privilege, not a right, of senior
trict shall offer alternative education services to high school students, and shall be subject to

Page 15
Poudre School District Student Rights & Code of Conduct

regulations adopted by the principal of each high 4. Dress that causes or is likely to cause disrup-
school. tion of the educational process is prohibited.

All visitors to any school must check in at the ad- 5. Wearing apparel that interferes with or
ministrative office immediately upon arrival. Un- endangers the student while he/she is par-
authorized visitors will be asked to leave school ticipating in classroom or other school-spon-
property and may be cautioned that in the future sored activities is prohibited. The decision as
they may be cited for trespassing. Uncooperative to the safety or unsuitability of the clothing
visitors may be referred to the appropriate law is a matter for the instructor’s or school ad-
enforcement agency by the building administra- ministrator’s judgment.
tion.
6. Pupils must not wear hats or dark glasses
■ Elementary and Middle Schools in the building without permission from an
Elementary and middle school students may go administrator.
home for lunch if the building principal or des- 7. Any manner of grooming or apparel, includ-
ignee has received a written request from their ing clothing, jewelry, hats, emblems, tattoos
parents/guardians. If a parent/guardian wishes and badges, which by virtue of color, ar-
to take other students to lunch, the school re- rangement, trademark, or other attribute
quires written permission slips from those stu- is associated with or denotes membership
dents’ parents/guardians. in or affiliation with any gang, will not be
Exceptions to the closed-campus policy are made allowed. The prohibition on gang-related
when parents/guardians pick up their children apparel shall be applied at the discretion of
and sign them out of the building at the school building-level administrators after consulta-
office. Students must sign back in if they return tion with the superintendent or designee as
to school on the same day. No student will be the need arises at individual schools. (See
dismissed early without permission from their District Policy JICF, Secret Societies/Gang
parent(s) or legal guardian(s). Activity and Dress.)

Subject to approval of the superintendent or des-


Student Dress (JICA) ignee, principals may establish additional specific
standards for their own schools.
The Board of Education recognizes that respon-
sibility for the dress and appearance of students Disciplinary action for violation of any standard
generally rests with individual students and their will include notification of the violation, the re-
parents. Students are encouraged to dress ap- quirement that the clothing be changed before
propriately for all school activities. The following re-entering class, and, at the discretion of the
general standards will be in effect: building-level administrator, a parental confer-
ence. More severe disciplinary consequences, in-
1. Reasonable cleanliness of wearing apparel
cluding suspension or expulsion, may result from
is expected as a matter of general health and
repeated or serious violations.
welfare.

2. To avoid injury and disease, shoes, sandals,


or boots must be worn in the buildings.

3. Beach or swim wear is inappropriate.

Page 16
Poudre School District Student Rights & Code of Conduct

Bullying Prevention and • All students who witness student bullying


in any such circumstance shall immediately
Education (JICDE)
report it to an administrator, counselor or
The Board of Education recognizes the negative teacher at their school.
impact that bullying has on student health, wel-
fare and safety and on the learning environment • All administrators, counselors, teachers and
at school. Bullying is prohibited on all Poudre other employees/authorized volunteers
School District property, at District or school- who have any incident of bullying reported
sanctioned activities or events, when students to them or otherwise have reason to believe
are being transported in vehicles dispatched by it is occurring shall promptly forward the
the District or one of its schools, and off school report(s) and/or other information to the
property when such conduct has a reasonable principal or principal’s designee for appro-
connection to school or any District curricular or priate action.
non-curricular activity or event.
• All District employees and authorized vol-
As used in this policy, “bullying” means any writ- unteers who witness student bullying in any
ten or oral expression, or physical or electronic such circumstance shall immediately take
act or gesture, or a pattern thereof, that is in- appropriate action to stop the bullying, as
tended to coerce, intimidate or cause any physi- prescribed by the District and the building
cal, mental or emotional harm to any student. principal, and shall promptly report the bul-
This includes but is not limited to such expres- lying to the principal or principal’s designee
sion, act or gesture directed toward a student on for appropriate action.
the basis of that student’s race, color, religion,
• Each principal or principal’s designee shall
national origin, ancestry, sex, sexual orientation,
ensure that all reports and other informa-
disability or academic performance. As used in
tion involving student bullying in any such
this policy and as defined by Colorado statute,
circumstance are promptly and thoroughly
“sexual orientation” means an individual’s ori-
investigated, and that appropriate action is
entation toward heterosexuality, homosexuality,
taken. If the victim of bullying is a student
bisexuality or transgender status, or another in-
with a disability who has an Individualized
dividual’s perception thereof.
Education Program under the Individuals
All District employees, authorized volunteers and with Disabilities Education Act (an “IEP”) or
students share the responsibility to ensure that a Plan under Section 504 of the Rehabilita-
bullying does not occur at any District school, on tion Act of 1973 (a “Section 504 Plan”), the
any District property, at any District or school- investigation shall include a determination
sanctioned activities or events, when students of whether the student’s receipt of a free ap-
are being transported in any vehicle dispatched propriate public education (“FAPE”) under
by the District or one of its schools, or off school the IEP or Section 504 Plan may have been
property when such conduct has a reasonable affected by the bullying.
connection to school or any District curricular or
• All principals shall promote a positive cli-
non-curricular activity or event. Toward that end:
mate and culture in their schools that in-
• All students who believe they have been cludes educating students and staff about
victims of bullying in any such circumstance bullying prevention and appropriate re-
shall immediately report it to an administra- sponses to bullying.
tor, counselor or teacher at their school.
Page 17
Poudre School District Student Rights & Code of Conduct

In many cases, bullying involves misconduct that order to develop cooperative strategies to
is also addressed in other District policies and correct the students’ behavior.
regulations. In dealing with students who engage
• Separating students who continue to engage
in bullying, the building principal or principal’s
designee shall consider other policies and regula- in bullying after intervention by school per-
tions that specify various options for responding sonnel from other students at school or from
to student misconduct and that address the type particular school programs or activities,
of misconduct that may be involved in the bully- until they can conform their behavior to ac-
ing. Such policies and regulations include but are ceptable standards.
not limited to JBB, JICA, JICF, JICI, JK, JKC, JKBA, • Withholding privileges (i.e., recess, field
JKD/JKE and JKDA/JKEA. trips, participation in extracurricular activi-
If it is determined that a student’s receipt of ties, etc.) from students who continue to en-
FAPE under an IEP or Section 504 Plan may gage in bullying after intervention by school
have been affected by bullying, the District shall personnel, until they can conform their be-
promptly convene the student’s IEP team or Sec- havior to acceptable standards.
tion 504 team to determine whether and to what • Holding training and inservices to assist
extent: (a) the student’s educational needs have building staff in being alert to student bully-
changed; (b) the bullying impacted the student’s ing, taking appropriate action when bullying
receipt of FAPE; and (c) different or additional occurs and helping to engender an atmo-
services are needed to ensure the student’s ongo- sphere where bullying is not tolerated at
ing receipt of FAPE. If different or additional ser- school or school-related activities.
vices are needed, the student’s IEP or Section 504
Plan shall be promptly revised and implemented.
Student Distribution of Non-
Discipline for student bullying and for retaliation School Materials (JICEC)
against students who report bullying may include
suspension, expulsion and/or disciplinary class- Students shall have the right to distribute non-
room removal. In addition, the building principal school materials on school property, or at school-
shall consider other actions that may be appro- sponsored activities or events, in accordance
priate in response to student bullying, including with governing law and subject to the terms of
but not limited to: this policy. As used in this policy, “non-school
materials” are defined as documents and other
• Holding assemblies and implementing pro- items (regardless of whether such items include
grams to warn students that bullying is pro- written, pictorial, audio, digital or other com-
hibited and advise them of the consequences municative content) that are not owned by the
for engaging in bullying activity, to encour- District, are not used in connection with a Dis-
age all students to immediately report inci- trict curricular or extracurricular program, and
dences of student bullying, and to engender are not otherwise sanctioned by the District or
an atmosphere where bullying is not toler- one of its schools. Violations of this policy shall
ated at school or school-related activities. be grounds for student discipline and/or denial
of future requests to distribute non-school mate-
• Holding conferences with the parents of
rials on school property or at school-sponsored
students who continue to engage in bullying
activities or events.
after intervention by school personnel, in

Page 18
Poudre School District Student Rights & Code of Conduct

Student distribution/posting of non-District com- written explanation of why the materials are not
munications that is not covered by this policy but approved under the terms of this policy.
involves the use of District property and/or re-
In each case where non-school materials are ap-
sources shall be governed by District Policy KHC.
proved for distribution on school property, the
■ Prohibited Distribution principal or principal’s designee shall provide
written direction governing the time, place and
Students are prohibited from distributing non-
manner of the distribution in accordance with
school materials on school property or at school-
the following terms and conditions:
sponsored activities or events that in themselves
or in the manner they are distributed: ■ Time
• create or threaten to create substantial dis- Distribution of non-school materials may oc-
ruption of District or school operations, or of cur for 30 minutes before school, and/or during
any District or school class, program, activity regularly scheduled lunch periods, and/or for 15
or event; minutes after school. Distribution of non-school
materials at other times during the school day
• create or threaten to create substantial dis- is considered to be substantially disruptive of
ruption of the learning environment of any school operations.
District or school class, program, activity or
event; ■ Place
• cause or threaten to cause injury to persons Distribution of non-school materials shall occur
or property; at locations on school property designated by
the principal or principal’s designee, except that
• are obscene, defamatory or violate any per- in no event may any such distribution occur in a
son’s privacy rights; or classroom or other location where District cur-
ricular or extracurricular activities are taking
• advocate or encourage the violation of any
place.
federal, state or local law, or the violation of
any District policy or regulation. ■ Manner
■ Distribution Approval Process No student shall be in any way coerced or other-
wise compelled to accept any non-school materi-
Students who wish to distribute more than 10
als being distributed.
items or copies of non-school materials on school
property must notify the school principal or All leftover non-school materials that are not dis-
principal’s designee of their request at least three tributed and all distributed non-school materials
school days in advance of the planned distribu- that have been discarded on or near school prop-
tion date and provide an example or copy of the erty shall be promptly placed in a recycling bin or
materials they wish to distribute. The principal trash receptacle, or removed from the school and
or principal’s designee shall respond in writing its environs.
to such requests within three school days.
No District employee or student shall interfere
In each case where non-school materials are not with the distribution of non-school materials that
approved for distribution on school property, the is being conducted in accordance with the terms
principal or principal’s designee shall provide a of this policy.

Page 19
Poudre School District Student Rights & Code of Conduct

■ Appeals ent/guardian meeting or written notification


Decisions of the school principal or principal’s to parents/guardians of the administrator’s
designee under this policy may be appealed in concerns.
writing to the appropriate assistant superinten- 3. Make recommendations to the parents/
dent of school services within 10 days after the guardians regarding community agencies
decision is made. The decision of the assistant which may provide support services for both
superintendant shall be final. students and parents/guardians.

4. Work in collaboration with the appropriate


Secret Societies/Gang
law enforcement agency when the adminis-
Activity and Dress (JICF) trator deems such communication advisable
A gang is defined in state law as “a group of three or assistance is requested.
or more individuals with a common interest,
5. Apply disciplinary actions as needed.
bond or activity characterized by criminal or de-
linquent conduct.”
Student Conduct Involving
The Board of Education is committed to keeping
District schools and activities free from threat
Drugs and Alcohol (JICH)
or harmful influence of any group or gang which Poudre School District shall promote a healthy
advocates criminal or delinquent conduct. There- environment for students by providing educa-
fore, students shall not be involved in or promote tion, support and decisionmaking skills in regard
gang or gang-like activity or dress in the schools, to alcohol, drugs and other controlled substances.
on school grounds, on school vehicles, or at In order to accomplish this goal, District person-
school activities or events. nel shall cooperate with law enforcement, social
services and other agencies and organizations,
The superintendent or designee shall establish
parents, and any other recognized community
open lines of communication with law enforce-
resources committed to reducing the incidents
ment authorities and other community agencies
of unauthorized use of drugs and alcohol by stu-
to share information and provide mutual support
dents.
in this effort.
As used in this policy, “drugs” are all substances
Staff training will be provided for recognition,
defined under state or federal law as “drugs” or
prevention, intervention, and referral programs
“controlled substances,” as well as analogues,
related to gangs and gang-related activities.
counterfeit drugs and substances falsely repre-
District employees shall not focus on any individ- sented as being drugs. As used in this policy, an
ual or gang solely because of ethnic background “analogue” is a substance that has a stimulant,
or socioeconomic status. depressant, hallucinogenic or other effect on a
person similar to that of a drug or controlled sub-
School administrators shall: stance.
1. Implement gang-related prevention and in- As used in this policy, “authorized drugs” are de-
tervention strategies and programs. fined as over-the-counter and prescription drugs,
including vitamins and other dietary supple-
2. Contact parents/guardians regarding a stu-
ments, that are properly possessed and used by
dent’s possible gang involvement. This con-
the person for whom they are intended in ac-
tact will be followed by a documented par-

Page 20
Poudre School District Student Rights & Code of Conduct

cordance with all applicable District policies and cases involving student possession of drug para-
regulations including but not limited to District phernalia and possession, use, distribution, gift,
Policy JLCD. purchase, exchange, sale or being under the influ-
ence of alcohol or unauthorized drugs off District
As used in this policy, “unauthorized drugs” are
property when such conduct has a reasonable
all drugs not defined herein as authorized drugs.
connection to school or any District curricular or
As used in this policy, marijuana is considered an non-curricular activity or event.
unauthorized drug not sold over the counter.
As required by Colorado law, primary caregivers
As used in this policy, the words “purchasing,” are permitted to administer medical marijuana
“selling” and “sale” refer to a student’s involve- in a nonsmokeable form to students on District
ment in the exchange of drugs or alcohol for any- property and at District or school-sponsored ac-
thing of value, including but not limited to money, tivities and events in accordance with the terms
commodities or services. There need be no use and conditions specified in District Policy JLCD.
or intent to use the drugs or alcohol involved in Notwithstanding any provision of this Policy JICH
the sale. to the contrary, students shall not be considered
in violation of this Policy JICH and shall not be
As used in this policy, “drug paraphernalia” in- subject to discipline for acting in compliance with
cludes but is not limited to vape pens and other Policy JLCD.
devices used to inhale a vaporized liquid.
The principal will provide full cooperation of the
As used in this policy, “parent” also includes a administration and faculty in appropriate police
student’s guardian or legal custodian. investigations relative to student possession of
drug paraphernalia and possession, use, distribu-
Student possession of drug paraphernalia and
tion, gift, purchase, exchange or sale of alcohol or
possession, use, distribution, gift, purchase,
unauthorized drugs.
exchange, sale or being under the influence of
alcohol or unauthorized drugs is prohibited on ■ Consequences for violation of this
all District property, on all District vehicles, at all policy by possession, use and/
District or school-sponsored activities or events, or being under the influence of
and off District property when such conduct has alcohol or unauthorized drugs sold
a reasonable connection to school or any District over the counter and for possession
curricular or non-curricular activity or event. of drug paraphernalia:
Compliance with the standards of conduct set (Note that possession, use and/or being under
forth in this policy is mandatory for all students. the influence of unauthorized drugs not sold over
the counter, and purchasing or selling over-the-
Disciplinary action, independent of court ac- counter drugs or alcohol, may count toward the
tion, shall be taken in cases involving student first, second or third offense under this section.)
possession of drug paraphernalia and posses-
sion, use, distribution, gift, purchase, exchange, First Offense
sale or being under the influence of alcohol or 1. The student shall be suspended from school
unauthorized drugs on any District property, on for five days upon the first offense within
any District vehicle, and at any District or school- any three-year period. This period of suspen-
sponsored activity or event. Disciplinary action, sion may be deferred in whole or in part if
independent of court action, shall also be taken in suitable arrangements are made for the stu-

Page 21
Poudre School District Student Rights & Code of Conduct

dent’s participation in an appropriate drug ■ Consequences for violation of this


and/or alcohol program, and if the student policy by possession, use and/
participates in good faith and completes the or being under the influence of
program, all as determined by the principal. unauthorized drugs not sold over
the counter, and for purchasing or
2. A parent conference will be held. selling over-the-counter drugs or
alcohol:
3. The school official will attempt to develop
First Offense
with the parent and the student a procedure
that will outline the responsibilities of the 1. The student shall be suspended from school
parent, the student and the school in an ef- for ten days upon the first offense within any
fort to keep any further offenses from occur- three-year period. This period of suspen-
ring. sion may be deferred in whole or in part if
suitable arrangements are made for the stu-
4. The principal may request or recommend a dent’s participation in an appropriate drug
different consequence, depending upon the and/or alcohol program, and if the student
circumstances of the offense. participates in good faith and completes the
program, all as determined by the principal.
Second Offense
1. The student shall be suspended from school 2. A parent conference will be held.
for ten days upon the second offense within 3. The school official will attempt to develop
any three-year period. with the parent and the student a procedure
2. Information concerning available and appro- that will outline the responsibilities of the
priate drug or alcohol counseling, treatment parent, the student and the school in an ef-
and rehabilitation programs may be given to fort to keep any further offenses from occur-
student and parent. ring.

3. Evidence of the student’s participation in ap- 4. The principal may request or recommend a
propriate drug or alcohol counseling will be different consequence, depending on the cir-
requested at the time the student is readmit- cumstances of the offense.
ted to school.
Second Offense
4. The principal may request or recommend a 1. The student shall be expelled upon the sec-
different consequence, depending upon the ond offense and all subsequent offenses
circumstances of the offense. within any three-year period.

Third Offense ■ Consequence for violation of this


1. The student shall be expelled upon the third policy by purchasing or selling all
drugs except for those sold over the
offense and all subsequent offenses within
counter:
any three-year period.
1. The student shall be considered for expulsion
for the first offense.

2. The student shall be expelled for the sec-


ond and all subsequent offenses within any
three-year period.

Page 22
Poudre School District Student Rights & Code of Conduct

Student Conduct Involving 3. Any pellet, BB gun or other device, whether


operational or not, designed to propel pro-
Weapons (JICI)
jectiles by spring action or compressed air.
The Board of Education has determined that
student possession, use and/or threatened use, 4. A fixed blade knife with a blade that mea-
without the authorization of the school or the sures longer than three inches in length or
District, of a dangerous weapon or of a knife re- a spring-loaded knife or pocket knife with a
gardless of blade length on District property, on a blade that measures longer than three and
District vehicle, at a District or school-sponsored one-half inches in length. The length of all
activity or event, or off District property when knife blades under this policy shall be mea-
such conduct has a reasonable connection to sured from the tip of the blade to the “hilt”
school or any District curricular or non-curricu- or handle of the knife.
lar activity or event, is detrimental to the welfare
5. Any object, device, instrument, material or
and safety of students and school personnel.
substance, whether animate or inanimate,
Student possession, use and/or threatened use, used or intended to be used to inflict death
without the authorization of the school or the or serious bodily injury, including but not
District, of a dangerous weapon or of a knife limited to a slingshot, bludgeon, brass or
regardless of blade length is prohibited on all spiked knuckles or artificial knuckles of any
District property, on all District vehicles, at all kind, and nunchucks.
District or school-sponsored activities or events,
As used in this policy in accordance with federal
and off District property when such conduct has
law, “firearm” means: (1) any weapon (including
a reasonable connection to school or any District
a starter gun) that will or is designed to or may
curricular or non-curricular activity or event.
readily be converted to expel a projectile by the
Student possession, use and/or threatened use action of an explosive; (2) the frame or receiver
of a dangerous weapon or of a knife regardless of of any such weapon; (3) any firearm muffler or
blade length in violation of this policy is grounds firearm silencer; or (4) any destructive device.
for suspension or expulsion. In accordance with As used in this policy in accordance with federal
federal law, expulsion for no less than one full law, “destructive device” means: (1) any explo-
calendar year shall be mandatory for a student sive, incendiary, or poison gas (bomb, grenade,
who is determined to have brought a firearm to rocket having a propellant charge of more than
school or to have possessed a firearm at school. four ounces, missile having an explosive or in-
The superintendent may modify the length of this cendiary charge of more than one-quarter ounce,
federally required expulsion in writing on a case- mine, or device similar to those in the preceding
by-case basis. list); (2) any type of weapon that will or that may
be readily converted to expel a projectile by the
As used in this policy, “dangerous weapon” action of an explosive or other propellant, and
means: that has any barrel with a bore of more than one-
half inch in diameter; or (3) any combination of
1. A firearm, whether loaded or unloaded.
parts either designed or intended for use in con-
2. A firearm facsimile that could reasonably be verting any device into a “destructive device” (as
mistaken for an actual firearm. previously defined) and from which a “destruc-
tive device” (as previously defined) may be read-
ily assembled.

Page 23
Poudre School District Student Rights & Code of Conduct

School administrators, officials and employees the student’s possession contain illegal or unau-
may confiscate any weapons or other articles thorized materials.
detrimental to the health, safety or welfare of stu-
If a pat-down search of a student’s person is con-
dents and/or staff, and may submit the weapon
ducted, it will be conducted in private by a school
or article to the appropriate law enforcement
official of the same sex and with an adult witness
agency.
present, except that under exigent circumstances
In accordance with applicable law, District per- a search may be conducted by a same sex school
sonnel shall refer any student to law enforcement official alone, without a witness present.
who brings a firearm or other weapon onto Dis-
If the school official has reasonable suspicion to
trict property without authorization of the school
believe that a more intrusive search is required
or the District.
than one involving the removal of outer clothing
such as a coat, jacket, shoes or socks, the search
Searches (JIH) shall be referred to and conducted by a law en-
To maintain order and discipline in the schools forcement officer and school personnel shall not
and to protect the health, safety and welfare of participate in the search.
students and school personnel, school officials
■ Use of Metal Detectors
may search a student, a student’s personal ef-
fects, student lockers, desks or storage areas, or When the administration has reasonable cause
automobiles under the circumstances outlined to believe that weapons are in the possession
below and may immediately take possession of of students or adults at school or in other Dis-
any illegal or otherwise unauthorized materials trict facilities, when there has been a pattern of
discovered in the search. weapons found at school or in other District fa-
cilities, or when violence involving weapons has
As used in this policy, the term “unauthorized” occurred at school or other District facilities, the
means any item dangerous or detrimental to the administration shall be authorized to use station-
health, safety or welfare of students or school ary or mobile metal detectors in accordance with
personnel; disruptive of any lawful function, state and federal law. Any search of a student’s
mission or process of the school; or any item de- person as a result of the activation of the detector
scribed as unauthorized in then-current school shall not be conducted in front of other students,
rules or District policies. shall be conducted as privately as possible, and
shall be in accordance with applicable laws on
A student’s failure to permit lawful searches and
personal searches.
seizures as provided in this policy will be consid-
ered grounds for disciplinary action. Any non-student adult wishing to enter a District
school or other facility when any of the above
■ Personal Searches conditions have been found to exist may be re-
A student’s person and/or personal effects in his/ quired to consent to the use of a stationary or
her possession (e.g., purse, book bag, etc.) may be mobile metal detector before entering. Any non-
searched whenever a school official has reason- student adult refusing to give such consent may
able suspicion to believe that the student is in be refused admittance to the District school or
possession of illegal or unauthorized materials other facility, or may be subject to supervision
and/or whenever a school official has reasonable while on District property.
suspicion to believe that personal effects not in

Page 24
Poudre School District Student Rights & Code of Conduct

■ Locker Searches time it shall be returned to the parent, guardian


Student lockers are school property and remain or legal custodian of the student from whom it
at all times under the control of the school; how- was seized
ever, students are expected to assume full re-
sponsibility for the contents and security of their Interscholastic Athletic
lockers. General inspections of locker contents Training and Personal
may be conducted by school officials for any rea-
Conduct Rules (JJ)
son at any time without notice, without student
consent, and without a search warrant. Participation in Poudre School District interscho-
lastic athletic programs is a privilege, not a right.
■ Automobile Searches Student athletes serve as representatives of their
Each school retains the authority to patrol its schools and teams, and may be viewed as role
student parking lots, and all vehicles parked in models by younger students. In addition, student
student lots are subject to sniffs by dogs trained health and fitness must be maintained on a year-
to alert at the scent of drugs, explosives and other round basis to meet the demands of interscho-
illegal or unauthorized materials. In addition, the lastic athletic competition. For these reasons,
interiors and trunks of all vehicles parked by stu- student athletes are required to comply with the
dents at school may be searched upon reasonable standards set by these training and personal con-
suspicion that they contain items or substances duct rules.
which it is illegal for students to possess and/or
items or substances which District policy or regu- ■ General Rules
lations prohibit from being on school property. These rules shall apply to all students who par-
Failure to allow the search of a vehicle’s interior ticipate in any Poudre School District interscho-
or trunk under these circumstances shall result lastic athletic program. In addition to these rules,
in the student’s automatic loss of the privilege of students participating in interscholastic athletics
parking at school for at least the remainder of the are subject to and required to comply with all
academic year. policies and regulations in the Poudre School Dis-
trict Code of Conduct. Student athletes shall not
■ Evidence Seized in a Search be eligible to participate in athletic practices or
Any item found in the course of a search con- competitions during any period of suspension or
ducted in accordance with this policy and deter- expulsion under the Code of Conduct.
mined to be evidence of a violation of District
Student athletes are also subject to and required
policy, school rules, or federal, state or local laws
to comply with the Bylaws adopted by the Colo-
shall be immediately seized and tagged for iden-
rado High School Activities Association and with
tification. Such evidence shall be kept in a secure
their coach’s team rules, and are required to
place by the principal or principal’s designee. If
exercise good sportsmanship at all practices and
such evidence is determined to concern a viola-
competitions. A student athlete who fails to com-
tion of the law, the principal or designee shall
ply with these requirements as determined by a
promptly contact a law enforcement officer to
coach, School District administrator or competi-
pick up the evidence. Otherwise, the evidence
tion official shall be subject to suspension from
shall be maintained by the principal or princi-
practices and/or competitions, and for more seri-
pal’s designee until it is no longer needed as evi-
ous violations shall be subject to removal from
dence in a school disciplinary hearing, at which
the team.

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Poudre School District Student Rights & Code of Conduct

■ Rules Concerning Controlled the same or a different sport if the full suspension
Substances, Alcohol and Tobacco cannot be served during the season when the first
A student athlete’s unlawful or otherwise im- violation occurs. During all periods of their sus-
proper use or possession of controlled sub- pension, student athletes must participate in prac-
stances, alcohol and/or tobacco reflects poorly tices and otherwise remain in good standing with
on the student’s school and team and sets a bad each team from which they are suspended in order
example for other students, regardless of when to be eligible to return after their suspension.
the use or possession occurs. In addition, a
Consequence for Second Violation:
student athlete’s use of controlled substances,
alcohol and/or tobacco may adversely affect Suspension from 50% of interscholastic competi-
the student athlete’s health, fitness and athletic tions for which the student athlete is otherwise
performance and may result in injury, regardless eligible and in which the student athlete is other-
of when the use occurs. Accordingly, students wise able to participate, beginning in the season
participating in any Poudre School District inter- when the second violation occurs (including regu-
scholastic athletic program shall not, regardless lar season and post season/playoff competitions)
of the quantity involved: (1) use or possess any and continuing into any subsequent season of the
beverage containing alcohol; (2) use or possess same or a different sport if the full suspension
tobacco or tobacco products; or (3) use or pos- cannot be served during the season when the sec-
sess any controlled substance, including steroids, ond violation occurs. During all periods of their
in any manner that is contrary to law or Poudre suspension, student athletes must participate in
School District policies and regulations. practices and otherwise remain in good standing
with each team from which they are suspended in
The foregoing rules shall be in effect for Poudre order to be eligible to return after their suspen-
School District interscholastic athletes on a year- sion.
round basis, including weekends, summers, vaca-
tions and holidays, whether the student athlete is Consequence for Third Violation:
on or off School District property and whether or The student athlete will lose the right to partici-
not the student athlete is at the time participat- pate in all interscholastic athletics for the remain-
ing in any school-sponsored activity or event. der of his/her high school career.
The following consequences for violation of the If the suspension carries over into a subsequent
rules concerning controlled substances, alcohol season of the same or a different sport, the stu-
and tobacco are applicable to all Poudre School dent athlete must successfully complete that
District students in interscholastic athletics subsequent season in order to be considered as
throughout the time they are enrolled in grades 9 having served the portion of his/her suspension
through 12. applicable to that subsequent season.

Consequence for First Violation: The foregoing rules concerning controlled sub-
Suspension from 30% of interscholastic competi- stances, alcohol and tobacco, including the con-
tions for which the student athlete is otherwise sequences for violation of those rules, are hereby
eligible and in which the student athlete is other- incorporated into the coach’s team rules for every
wise able to participate, beginning in the season sport at every school within the Poudre School
when the first violation occurs (including regular District interscholastic athletic program, and are
season and post season/playoff competitions) uniformly applicable to all team members.
and continuing into any subsequent season of

Page 26
Poudre School District Student Rights & Code of Conduct

Student Discipline (JK) ■ Expulsion Prevention


Except in cases of the most serious misconduct,
The objective of disciplining any student is to
expulsion should normally be the last step taken
help the student develop and maintain self-
after other attempts to deal with students who
control, respect for others and socially acceptable
have discipline problems. The District shall pro-
behavior. All policies and procedures regarding
vide students who are identified as at risk of sus-
student discipline shall be designed to achieve
pension or expulsion with the necessary support
these broad objectives. Disorderly students shall
services to help them avoid expulsion. In doing
be dealt with in a manner that allows other stu-
so, District personnel shall work with the stu-
dents to learn in an atmosphere which is safe,
dent’s parent or guardian. Support services may
conducive to the learning process and free from
be provided through agreements with appropri-
unnecessary disruptions.
ate local governmental agencies, community-
The Board, in accordance with state law, has ad- based organizations, and institutions of higher
opted a written student conduct and discipline education.
code based upon the principle that every student
The District’s failure to identify a student for par-
is expected to follow accepted rules of conduct
ticipation in an expulsion prevention program,
and to show respect for persons in authority.
to provide support services or to remediate a
The code also emphasizes that certain behavior,
student’s behavior shall not be grounds to pre-
especially behavior that disrupts the classroom,
vent school personnel from proceeding with ap-
is unacceptable and may result in disciplinary
propriate disciplinary measures and shall not be
action. Restorative justice shall be considered in
grounds for the student or his/her family to chal-
appropriate circumstances and may be utilized
lenge any disciplinary action that may be taken
to address the consequences of student miscon-
against the student.
duct, as determined by the District. As defined
by Colorado law, “restorative justice” involves ■ Disciplinary Information
practices that emphasize repairing the harm to
In accordance with state law, the principal or des-
victims and/or the school community caused by
ignee is required to communicate disciplinary in-
a student’s misconduct.
formation concerning any student enrolled in the
The District shall enforce the code so that stu- school to any teacher who has direct contact with
dents demonstrating unacceptable behavior the student in the classroom and to any coun-
and their parents, guardians, or legal custodians selor who has direct contact with the student.
understand that such behavior shall not be tol- The purpose of this requirement is to keep school
erated and shall be dealt with according to the personnel apprised of situations that could pose
code. To the extent practicable within budgetary a risk to the safety and welfare of others.
constraints, the District shall develop and imple-
Any teacher or counselor to whom disciplinary
ment plans for the appropriate use of prevention,
information is reported shall maintain the confi-
intervention, restorative justice, peer mediation,
dentiality of the information and shall not com-
counseling and/or other approaches to help stu-
municate it to any other person. The principal or
dents avoid unacceptable behavior and to mini-
designee is required to inform the student and
mize their exposure to the criminal and juvenile
the student’s parent or guardian when disciplin-
justice system.
ary information is communicated and to provide
a copy of the disciplinary information. The stu-

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Poudre School District Student Rights & Code of Conduct

dent and/or the student’s parent or guardian shorter than 10 consecutive school days, may not
may challenge the accuracy of disciplinary infor- aggregate to more than 10 school days during a
mation. school year or during a single placement within
the school year if the removals/suspensions col-
■ Discipline of Students with lectively constitute a change of placement, unless
Disabilities the student’s conduct is not a manifestation of his
Students with disabilities under the Individuals or her disability.
with Disabilities Education Act (special education
students) and students with disabilities under In accordance with governing law, the IEP or §
Section 504 of the Rehabilitation Act of 1973 504 team may change a disabled student’s place-
(§ 504 students) are neither immune from the ment to an appropriate interim alternative edu-
District’s disciplinary rules nor entitled to par- cational setting for not more than 45 school days
ticipate in programs when their conduct impairs if the student has carried or possessed a weapon
the education of other students or disrupts the at school or at a school function; if the student
education process. Except as otherwise provided knowingly possessed, used, sold or solicited the
below, students with disabilities may be disci- sale of a controlled substance while at school or
plined on the same grounds and under the same at a school function; if the student has inflicted
procedures as students who do not have dis- serious bodily injury upon another person while
abilities. Regardless of whether their conduct is at school or at a school function; or if a hearing
a manifestation of their disability, § 504 students officer so orders. Such placement in an interim
currently engaging in the use of illegal drugs or in alternative educational setting is permissible
the use of alcohol may be disciplined for the use even if the disabled student’s conduct was a
or possession of illegal drugs or alcohol to the manifestation of his or her disability. During such
same extent as non-disabled students. The prin- placement, special education and § 504 students
cipal or designee shall immediately remove a stu- (except § 504 students whose conduct is not a
dent with a disability from a situation in which manifestation of their disability) must continue
the student poses a threat of physical harm to to receive educational services as determined by
himself or herself, or to other persons, by placing the IEP or § 504 team.
the student in an appropriate alternative setting Students with disabilities may not be expelled,
or by suspending the student, as set forth below. suspended or otherwise removed to another set-
A special education or § 504 student may be tem- ting in excess of 10 consecutive school days, or
porarily removed to an alternative educational subjected to a series of shorter suspensions or
setting or temporarily suspended from school removals during the school year (or during a sin-
if exclusion is warranted because the student gle placement within the school year) that taken
has violated the District code of conduct and/ collectively constitute a change of placement,
or because the student’s behavior or presence unless a determination has been made by a duly
at school creates a threat of physical harm to convened IEP or § 504 team that the misconduct
the student, other students, school personnel constituting grounds for expulsion, suspension or
or school property. Such temporary removals removal longer than these specified periods was
or suspensions may not exceed 10 consecutive not a manifestation of the student’s disability
school days, unless the student’s conduct is not a (this provision does not apply to placement in an
manifestation of his or her disability. A series of appropriate interim alternative educational set-
such temporary removals or suspensions, each ting, as provided in the immediately preceding
paragraph). If the IEP or § 504 team determines

Page 28
Poudre School District Student Rights & Code of Conduct

that the student’s conduct was a manifestation of disruptive behavior occurs. For the first two inci-
the student’s disability, the expulsion, suspension dences of such behavior during the grading term
or removal may not exceed the periods specified for the class (i.e., hexter, quarter, semester), the
in the first sentence of this paragraph and the ap- duration of the student’s removal shall be from
propriateness of the student’s IEP or § 504 plan one to three days. For the third and subsequent
shall be reviewed and necessary revisions shall incidences of such behavior during the grading
be made, in accordance with governing law. If the term for the class, the duration of the student’s
IEP or § 504 team determines that the student’s removal shall be from one day to the end of the
conduct was not a manifestation of the student’s grading term. With respect to all disciplinary
disability, the student may be expelled, sus- removals of students from a teacher’s classroom,
pended or removed for longer than the periods the following rules and procedures shall apply:
specified in the first sentence of this paragraph.
1. Teachers may issue office referrals to stu-
During such periods of expulsion, suspension or
dents and otherwise exclude them from
removal special education students, but not § 504
students, must continue to receive educational class activities without having the incident
services as determined by the IEP team. classified as a disciplinary removal under
this policy, in accordance with school rules.
Within 10 days of an expulsion, suspension or All disciplinary removals under this policy
removal in excess of the periods specified in the shall be documented in student discipline
first sentence of the immediately preceding para- files, and may be counted toward declaring
graph, the IEP team shall either develop a func- the student habitually disruptive under Dis-
tional behavioral assessment of the special edu- trict Policy JKC.
cation student, develop a behavioral intervention
plan for the special education student, or review 2. The principal of each school shall establish
and modify the special education student’s exist- one or more locations at their school where
ing behavioral intervention plan, as appropriate. students on disciplinary removal from teach-
ers’ classrooms shall go during the period
District special education or § 504 personnel, of removal. Such location(s) shall be appro-
and/or legal counsel, shall be consulted prior to priately supervised and shall be suitable for
a special education or § 504 student’s expulsion, students to do the schoolwork they are as-
or suspension or other removal in excess of 10 signed.
school days, for misbehavior that has been deter-
mined not to be a manifestation of the student’s 3. Prior to imposing a disciplinary removal, the
disability. teacher shall consult with the principal or
principal’s designee to ensure that it is an
appropriate consequence for the student’s
Disciplinary Removal from behavior. If not, the principal or principal’s
Classroom (JKBA) designee shall determine the appropriate
Teachers may initiate the disciplinary removal consequence. If so, the teacher and the prin-
of students from their classrooms for willful cipal or principal’s designee shall determine
behavior that causes a material and substantial the duration of the contemplated removal
disruption of the class. As used in this policy, in accordance with this policy. In case of
“disciplinary removal” means the removal of a disagreement, the principal or principal’s
student from the teacher’s classroom to another designee shall make the final determination.
location at the school after the day on which the

Page 29
Poudre School District Student Rights & Code of Conduct

4. Prior to imposing a disciplinary removal, the coursework, quizzes and exams to be com-
teacher and the principal or principal’s des- pleted during the period of their removal
ignee shall advise the student of the reason so as to allow them to complete and receive
for and the duration of the contemplated appropriate credit for the course from which
removal, and provide the student with an they were removed.
opportunity to respond to the charges and
8. The ability to impose a disciplinary removal
explain his/her behavior.
of a student with a disability shall be subject
5. The first time a student receives a disciplin- to governing law and to the terms and condi-
ary removal during the grading term for the tions of the student’s IEP or § 504 plan.
class, the teacher and the principal or princi-
pal’s designee shall develop a behavior plan Discipline of Habitually
for the student. The second time a student
receives a disciplinary removal during the
Disruptive Students (JKC)
grading term for the class, the teacher and ■ Definitions
the principal or principal’s designee shall 1. “Habitually disruptive student” means a
review and if necessary revise the student’s student who has caused a material and sub-
behavior plan. The behavior plan shall in- stantial disruption on school grounds, at a
clude a statement that if the student receives District-sanctioned activity or event or in a
a third or subsequent disciplinary removal District vehicle three or more times during
during the grading term for the class, the re- the course of a school year.
moval may remain in effect through the end
of the grading term. In case of disagreement 2. “Material and substantial disruption” means
regarding the content of a behavior plan, the behavior that is considered in the view of
principal or principal’s designee shall make the principal or designee to cause a serious
the final determination. interference with the orderly operation of
the school or the school’s ability to provide
6. As soon as possible after imposing a disci- educational opportunities to the student or
plinary removal, the principal or principal’s others, including behavior detrimental to
designee shall contact the student’s parent/ the welfare or safety of others.
guardian to request his/her presence at a
conference with the student, teacher and 3. “Parent” means a student’s parent, legal
principal or principal’s designee to discuss guardian or legal custodian.
the student’s behavior, the disciplinary re-
moval and the behavior plan developed for ■ Intervention Procedures
the student. The parent/guardian shall re- 1. The student and his or her parent(s) shall
ceive a copy of each behavior plan developed be notified in writing of each disruption
or revised for the student. counted towards declaring the student as
habitually disruptive, and shall be notified
7. Students who receive disciplinary removals in writing and by telephone or other means
shall be given assignments and other course- of the definition of “habitually disruptive
work to be completed during the period of student” and the potential consequences of
their removal. For disciplinary removals being designated as a habitually disruptive
through the end of the grading term, stu- student.
dents shall be given assignments and other

Page 30
Poudre School District Student Rights & Code of Conduct

2. After the first or second disruption counted Suspension/Expulsion of


towards declaring the student as habitually
Students (JKD/JKE)
disruptive, a behavior plan may be devel-
oped by the principal or designee with the In matters involving student behavior that may
assistance of the student’s teacher(s) and or will result in the suspension or expulsion of
any other District personnel involved. The a student, a parent, guardian or legal custodian
principal or designee shall encourage and shall be notified and involved to the greatest
solicit the full participation of the student’s practicable extent in the disciplinary procedures.
parent(s) in the development of any such be- In all cases of suspension and expulsion, students
havior plans. shall be afforded due process of law.

3. If a behavior plan is developed, it should ad- ■ Alternatives to Suspension


dress the student’s disruptive behavior and In lieu of suspension, the principal or designee
the goal of keeping the student in school as may, at his or her discretion, permit the student
well as the goals, objectives and timelines to remain in school on the condition that the
for modifying the disruptive behavior. The student’s parent, guardian or legal custodian at-
plan should also inform the student of the tend class with the student for a period of time
consequences in the event he or she con- established by the principal or designee. This
tinues to engage in disruptive behavior in alternative is not automatic. The principal or
violation of the plan. Such consequences designee shall consult with the student’s teachers
may include discipline, including suspen- and obtain their consent before implementing
sion or expulsion, as provided in the student this alternative. This alternative to suspension
conduct code or as provided by the rules and shall not be used if expulsion proceedings have
regulations of the school. been or are to be initiated, or if the principal or
designee determines that the student’s pres-
4. The student and his or her parent(s) and the
ence in school, even if accompanied by a parent,
school personnel responsible for carrying
guardian or legal custodian, would be disruptive
out the behavior plan should be provided a
to the operations of the school or be detrimental
copy of the plan, and a copy should also be
to the learning environment of other students. In
placed in the student’s file.
the event that this alternative becomes disrup-
5. Further instances of disruptive behavior that tive if it is used, then the school shall immediately
cause a material and substantial disruption terminate this option and suspend the student in
shall be dealt with in accordance with the accordance with District policy. If the student’s
behavior plan, if one has been developed. parent, guardian or legal custodian does not
agree or fails to attend class with the student, the
■ Consequences of a Student Being principal or designee shall suspend the student
Determined to be a Habitually in accordance with District policy.
Disruptive Student
If a student is determined to be a habitually dis- ■ Suspension Authority
ruptive student in accordance with this policy, 1. A school principal, or designee by written
the principal or designee, after reviewing the stu- authority of the principal, may suspend a
dent’s file, prior incidents and the remedial dis- student enrolled in the school for not more
cipline plan (if any) may suspend the student or than five school days on the grounds stated
initiate proceedings for expulsion of the student. in C.R.S. §§ 22-33-106(1)(a), (1)(b), (1)(c),

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Poudre School District Student Rights & Code of Conduct

(1)(e), (1)(f) or (1)(g), or not more than 10 ■ Reporting Discipline Actions


school days on the grounds stated in C.R.S. The superintendent shall report each case acted
§§ 22-33-106(1)(d). upon to the Board of Education through a con-
2. The Board of Education delegates to the su- fidential memo, briefly describing the circum-
perintendent the authority to suspend a stu- stances and the reasons for the action taken by
dent, in accordance with C.R.S. § 22-33-105, the superintendent.
for an additional 10 school days, plus up to The principals of each school in the District shall
and including an additional 10 school days submit annual written reports to the Board of
as necessary in order to present the matter Education concerning the learning environment
to the Board of Education, but not to exceed in their schools each school year, as required
25 school days of suspension. by law. The District shall annually compile the
principals’ reports from each of its schools and
■ Expulsion Authority
submit the compiled report to CDE, as required
1. The Board of Education may conduct a hear- by law. The District’s compiled report shall also
ing at which the question of expulsion is de- be made available to the general public, but not
termined. in such a way as to disclose confidential person-
ally identifiable student information in violation
2. Unless the Board of Education elects to
of state or federal law.
proceed otherwise in a particular case, the
Board delegates its power to expel students ■ Information to Parents
to the superintendent and/or to a designee
Within five business days of expelling a student,
who shall serve as a hearing officer, and del-
the District shall notify the student and his or
egates to the superintendent or designee its
her parent, guardian or legal custodian of the
authority to conduct the expulsion hearing
student’s opportunity to receive educational ser-
as required by law.
vices for expelled students.
3. The duration of a student’s expulsion shall
Upon request of a student or the student’s par-
be determined based on consideration of the
ent, guardian or legal custodian, the District shall
offense committed, mitigating and aggravat-
provide any educational services that are deemed
ing factors, the student’s disciplinary history
appropriate by the District for any student who is
and other relevant matters, but shall in no
expelled from the District. The services provided
event exceed one calendar year.
shall be designed to provide a second chance for
4. The superintendent’s decision to expel a the student to succeed in achieving an education.
student may, upon the written request of the The District shall determine the amount of credit
student or the student’s parent, guardian or the student shall receive toward graduation for
legal custodian, be appealed to the Board of the educational services provided.
Education within 10 calendar days after the
The District is not required to provide additional
effective date of the expulsion. Any exten-
educational services to any student who is sus-
sion of this 10-day time for appeal shall be
pended or expelled while receiving educational
at the sole discretion of the Board for good
services during a period of expulsion. The Dis-
cause shown.
trict may provide services for a student who is
expelled through agreements with local govern-
mental agencies and managing state agencies,

Page 32
Poudre School District Student Rights & Code of Conduct

community-based nonprofit organizations, with ten notice of the charges against the student.
the Department of Military Affairs, and public or Such charges must be one or more of those
private institutions of higher learning to provide set forth as grounds for suspension under
appropriate services such as tutoring, counseling, District policy and state law.
drug treatment, family preservation, alternative
education, or vocational education programs. If 2. Prior to the student’s removal from school,
a student is expelled and is not receiving educa- the student shall receive an informal hear-
tional services, the District will contact the stu- ing before the school principal or designee
dent’s parent, guardian or legal custodian at least unless an emergency requires immediate
once every 60 days until the beginning of the next removal of the student. In such cases, an in-
school year to determine whether the student formal hearing shall be held as soon as prac-
is receiving educational services. The District ticable after removal.
need not contact the student’s parent, guardian 3. If a decision is made to suspend a student,
or legal custodian after the student is enrolled in the student and his/her parent, guardian or
another school district or in an independent or legal custodian shall be so notified as soon
nonpublic school, or if the student is committed as reasonably possible. The principal or des-
to the Department of Human Services or is sen- ignee shall also send a letter to the parent,
tenced pursuant to the Children’s Code. guardian or legal custodian and the student
explaining the action taken, stating the days
■ Student’s Return to School
Following an Expulsion during which the suspension will be in effect
and inviting the parent, guardian or legal
In accordance with state law, a student who has
custodian to meet with the principal or des-
been expelled on grounds stated in C.R.S. §§
ignee for the purpose of discussing the mat-
22-33-106(1)(c), (1)(d) or (1.5) and has been
ter.
convicted or adjudicated as a juvenile delin-
quent, received a deferred judgment, or placed 4. A suspended student shall be required to
in a diversion program for such conduct shall be leave the school grounds immediately after
prohibited from enrolling or re-enrolling in the the parent, guardian or legal custodian and
same school in which the victim of the offense the principal or designee have determined
or member of the victim’s immediate family is the best way to transfer custody of the stu-
enrolled or employed. If the student cannot be dent to the parent, guardian or legal custo-
placed in another school, the school may provide dian.
the expelled student with a schedule that avoids
contact with the victim or the victim’s immediate 5. Law enforcement authorities may be in-
family members. volved in removal of students in accordance
with state law, when there are reasonable
grounds to believe that the student has com-
Procedures Regarding mitted a delinquent act by violation of any
Suspension/Expulsion of statute, county or municipal ordinance, or by
Students (JKD/JKE-R) lawful order of the juvenile court.
■ Suspension Procedure 6. A student and his or her parent, guardian or
1. A reasonable attempt shall be made to give legal custodian may appeal a suspension to
the student and parents timely oral or writ- the superintendent’s designee, except in cas-
es of a suspension preceding recommended

Page 33
Poudre School District Student Rights & Code of Conduct

expulsion. The designee shall review the ap- Board a reasonable sum as established by
peal and discuss the matter with the admin- the District.
istrator who imposed the sanction and with
10. Any student conduct requiring additional
the parent, guardian or legal custodian and
action beyond the building administrator’s
the student. The superintendent’s designee
initial period of suspension is to be reported
shall inform the parent, guardian or legal
to the appropriate assistant superintendent
custodian of the designee’s decision, which
with a complete report and, if warranted, a
shall be the final determination of the mat-
recommendation for expulsion.
ter.

7. A suspended student shall not be readmitted ■ Expulsion Procedure


to a public school until the student’s parent, 1. The student and the student’s parent, guard-
guardian or legal custodian has met with the ian or legal custodian shall be given written
principal or designee to discuss the nature of notice of the charges against the student,
the suspension or if, in the judgment of the which must be one or more of those set
principal or designee, the parent, guardian forth as grounds for expulsion under District
or legal custodian has substantially agreed policy and state law.
to review the suspension. The student may
2. If the student and the student’s parent,
be readmitted, however, if the suspending
guardian or legal custodian wish to request
authority cannot contact the parent, guard-
a hearing regarding the expulsion, they must
ian or legal custodian or if the parent, guard-
do so within the timeframe noted in the no-
ian or legal custodian repeatedly fails to ap-
tice of hearing. Failure to request a hearing
pear for scheduled meetings.
within the specified timeframe will result in
8. The suspending authority shall: a waiver of the right to a hearing.

a. Make reasonable efforts to meet with the 3. A student may be suspended pending an ex-
student’s parent, guardian or legal custo- pulsion hearing, provided the regulations for
dian during the period of suspension; suspension are followed.

b. Not extend the period of suspension be- 4. The superintendent or superintendent’s des-
cause of the failure of the suspending au- ignee shall preside over the expulsion hear-
thority to meet with the parent, guardian ing.
or legal custodian; and
5. At the expulsion hearing, the student may be
c. Provide an opportunity for the student represented by counsel. If a student is rep-
to make up schoolwork during the peri- resented by counsel, the student or student’s
od of suspension to allow the student to parent, guardian or legal custodian shall
reintegrate into the educational program notify the superintendent or designee of this
following suspension. The suspending fact by phone or in writing at the time the
authority shall to the extent possible expulsion hearing is requested. Failure by
award appropriate credit for the as- the student or student’s parent, guardian or
signed make-up work. legal custodian to provide timely notification
of attorney representation shall result in a
9. The principal has the right to assess dam-
continuance of the hearing and correspond-
ages to school property and collect for the
ing extension of the period of suspension

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Poudre School District Student Rights & Code of Conduct

to allow the District to obtain legal counsel. tendent’s written decision to the Board of
The student shall be afforded the opportuni- Education. The parent, guardian or legal
ty to confront and cross-examine witnesses custodian must request in writing an appeal
called by the school administration. The stu- to the Board of Education within 10 calendar
dent may call his or her own witnesses. The days after the effective date of the expulsion.
school administration may cross-examine If the 10th day falls on a Saturday, Sunday,
the witnesses called by the student. An au- or holiday, the request for appeal must be
dio recording of the hearing shall be made. made on the following day. The written re-
The hearing officer may limit the number of quest for appeal must state the grounds for
witnesses called based on consideration of appealing the superintendent’s written deci-
the competence, relevance and/or cumula- sion. The superintendent or designee may
tive nature of their testimony. address matters raised in the request for
appeal for inclusion in the record to be con-
6. At an expulsion hearing concerning alleged
sidered by the Board. Failure to request an
student conduct for which expulsion is man-
appeal within 10 calendar days after the ef-
datory under state law, no written statement
fective date of the expulsion shall result in a
prepared by the student concerning the
waiver of the right to appeal, and the super-
conduct may be used as evidence unless it is
intendent’s written decision shall become
signed by the student and the student’s par-
final, unless the Board in its sole discretion
ent, guardian or legal custodian was present
grants an extension for good cause shown.
when the student signed, or reasonable at-
tempts to have the parent, guardian or legal 10. If an appeal is properly requested, the Board
custodian present when the student signed shall review the record concerning the ex-
were unsuccessful. This provision shall not pulsion. The record includes notices and
apply in cases concerning alleged student other documents concerning the suspension
conduct for which expulsion is mandatory and expulsion; the transcript of the testi-
under District policy but not under state law. mony, if any; the hearing exhibits; the hear-
ing officer’s findings and recommendation;
7. If a designee of the superintendent serves
the superintendent’s written decision; and
as the hearing officer, he or she shall make
other documents concerning the expulsion.
specific findings and shall promptly submit
The student may be represented by counsel
those findings and a recommendation re-
at the appeal. Representatives of the District
garding the expulsion to the superintendent.
and the parent, guardian or legal custodian
8. The superintendent shall review the hearing may make brief statements to the Board, but
officer’s findings and recommendation, or no new evidence may be presented unless
if the superintendent conducts the hearing, such evidence was not reasonably discover-
the superintendent shall make findings. The able at the time of the hearing.
superintendent shall issue a written decision
11. The Board shall make a final determination
within five business days after the hearing
regarding the expulsion of the student and
conducted by the superintendent or desig-
shall inform the student and his or her par-
nee.
ent, guardian or legal custodian of the right
9. The student and his or her parent, guardian to judicial review.
or legal custodian may appeal the superin-

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Poudre School District Student Rights & Code of Conduct

12. If a student between the ages of six and 17 ■ Crimes of Violence and Unlawful
is expelled for the remainder of the school Sexual Behavior
year, the parent, guardian or legal custodian Whenever the District is notified that a student
of the student shall be responsible for assur- at least 12 years of age but under 18 years of age
ing compliance with the compulsory school has been charged in juvenile court with an of-
attendance laws during the period of expul- fense that would constitute a crime of violence
sion. or unlawful sexual behavior if committed by an
adult, or has been charged in district court with a
13. Upon expelling a student, the District shall
crime of violence or unlawful sexual behavior, the
provide information to the student’s par-
Board of Education or its designee shall deter-
ent, guardian or legal custodian concerning
mine whether the student has exhibited behavior
the educational alternatives available to the
that is detrimental to the safety, welfare and mor-
student during the period of expulsion. If the
als of the other students or personnel at school,
parent, guardian or legal custodian chooses
and whether educating the student at school
to provide a home-based educational pro-
may disrupt the learning environment, provide a
gram for the student, the District shall assist
negative example for other students, or create a
the parent, guardian or legal custodian in
dangerous and unsafe environment for students,
obtaining appropriate curricula for the stu-
teachers and other school personnel.
dent.
If it is determined that the student should not
■ Readmittance to School After be educated at school, the District may institute
Suspension or Expulsion
procedures to suspend or expel the student. Al-
No student will be readmitted to school after ternatively, the District may delay consideration
a suspension or expulsion until a meeting has of the student’s suspension or expulsion pending
taken place between the principal or designee the outcome of the juvenile court or district court
and the student’s parent, guardian or legal cus- proceedings, during which time the District shall
todian to review the suspension or expulsion or provide the student with an appropriate alter-
until, in the discretion of the principal or desig- nate education program. The time that a student
nee, the parent, guardian or legal custodian of the spends in an alternate education program shall
suspended or expelled student has substantially not be considered a period of suspension or ex-
agreed to review the suspension or expulsion pulsion.
with the principal or designee; except that if the
principal or designee cannot contact the parent, As used in this policy, a “crime of violence” means
guardian or legal custodian of such student or if any of the following crimes as defined by law
such parent, guardian or legal custodian repeat- committed, conspired to be committed or at-
edly fails to appear for scheduled meetings, the tempted to be committed by a student in connec-
principal or designee may readmit such student. tion with which the student used or possessed
The purpose of the readmittance conference is to and threatened the use of a deadly weapon, or
answer questions about the suspension or expul- caused serious bodily injury or death to any
sion, clarify expectations regarding behavior, and other person except another participant: (1) any
consider alternatives or interventions to assist crime against an at-risk adult or at-risk juvenile;
the student. (2) murder; (3) first or second degree assault; (4)
kidnapping; (5) sexual assault; (6) unlawful sex-
ual contact; (7) sexual assault on a child; (8) sex-
ual assault on a child by one in a position of trust;

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Poudre School District Student Rights & Code of Conduct

(9) internet sexual exploitation of a child; (10) activity or event, or off District property when
invasion of privacy for sexual gratification; (11) such conduct has a reasonable connection to
aggravated robbery; (12) first degree arson; (13) school or any District curricular or non-curricu-
first degree burglary; (14) escape; or (15) crimi- lar activity or event:
nal extortion. “Crime of violence” also means
1. Causing or attempting to cause damage to
any felony unlawful sexual offense in which the
District property or stealing or attempting to
student caused bodily injury to the victim or in
which the student used threats, intimidation or steal District property.
force against the victim. 2. Causing or attempting to cause damage to
As used in this policy, “unlawful sexual behavior” private property or stealing or attempting to
means any of the following offenses as defined by steal private property.
law or criminal attempt, conspiracy, or solicita- 3. Willful destruction or defacing of District
tion to commit any of the following offenses: (1) property.
sexual assault; (2) unlawful sexual contact; (3)
sexual assault on a child; (4) sexual assault on a 4. Causing or attempting to cause physical inju-
child by one in a position of trust; (5) enticement ry to another person, except in self-defense.
of a child; (6) incest or aggravated incest; (7)
5. Commission of any act which, if committed
trafficking in children; (8) sexual exploitation of
by an adult, would be robbery, first-degree
children; (9) procurement of a child for sexual ex-
assault or second-degree assault, as defined
ploitation; (10) indecent exposure; (11) soliciting
by state law.
for child prostitution; (12) pandering of a child;
(13) procurement of a child; (14) keeping a place 6. Violation of criminal law that has an effect
of child prostitution; (15) pimping of a child; (16) on the District or on the general safety or
inducement of child prostitution; (17) patroniz- welfare of students or staff.
ing a prostituted child; (18) promotion of obscen-
ity to a minor; (19) wholesale promotion of ob- 7. Violation of any District policy or regulation,
scenity to a minor; (20) internet luring of a child; or established school rules.
(21) internet sexual exploitation of a child; (22)
8. Violation of the District’s policy on student
two or more incidents of public indecency within
conduct involving weapons.
any five-year period; (23) invasion of privacy for
sexual gratification; or (24) second-degree kid- 9. Violation of the District’s policy on student
napping, if the person kidnapped is the victim of conduct involving drugs and alcohol.
a sexual offense.
10. Violation of the District’s tobacco-free and
marijuana-free District policy.
Grounds for Suspension/
Expulsion of Students 11. Violation of the District’s policy on harass-
ment of students.
(JKDA/JKEA)
Students are subject to suspension or expulsion 12. Throwing objects that can or do cause bodily
for engaging in the following types of conduct injury or damage to property.
while on District property, connected locally or 13. Directing profanity, vulgar language, or ob-
remotely to the District computer network, on a scene gestures toward other students, Dis-
District vehicle, at a District or school-sponsored trict personnel, or other persons.

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Poudre School District Student Rights & Code of Conduct

14. Engaging in verbal abuse; i.e., name calling, health or safety of or causes a risk of bodily
ethnic or racial slurs, swearing, screaming, injury to an individual for purposes of ini-
obscene gestures or threats directed at an tiation or admission into an affiliation with
individual, either orally (including by tele- any student organization, including but not
phone) or in writing (including by e-mail limited to forced and prolonged physical ac-
or the Internet), or derogatory statements tivity; forced consumption of any food, bev-
that are addressed publicly to an individual, erage, medication or controlled substance
his or her family or a group that precipitate in excess of the usual amounts for human
disruption of the District program or incite consumption; forced consumption of any
violence. substance not generally intended for human
consumption; and/or prolonged deprivation
15. Committing extortion, coercion, or black-
of sleep, food or drink.
mail; i.e., obtaining money or other objects
of value from an unwilling person or forcing 23. Threats of serious bodily injury or death to
an individual to act through the use of force one or more District employees, students or
or threat of force. other persons, threats to damage or destroy
District property or the property of one or
16. Lying or giving false information, either ver-
more District employees, students or other
bally or in writing, to a District employee.
persons, and/or threats to disrupt school or
17. Engaging in scholastic dishonesty, which District operations.
includes but is not limited to cheating on a
24. Bullying, as defined in the District’s policy
test, plagiarism, or unauthorized collabora-
on bullying prevention and education.
tion with another person in preparing writ-
ten work. 25. Assault upon, disorderly conduct toward,
harassment of, intimidation of, bullying of,
18. Continued willful disobedience or open and
or any criminal offense against another stu-
persistent defiance of proper authority, in-
dent, or damage to the property of another
cluding deliberate refusal to obey a member
student.
of the District staff.
26. Repeated interference with a school’s abil-
19. Behavior on or off school property that is
ity to provide educational opportunities to
detrimental to the welfare, safety or morals
other students.
of one or more other students, District per-
sonnel or other persons, including behavior 27. Violation of the District’s policy on student
that creates a threat of physical harm to the use of District computers, e-mail and Inter-
student exhibiting the behavior or to one or net access.
more other students.
28. Violation of the District’s policy on student
20. Engaging in behavior that disrupts school or possession and use of personal communica-
District operations. tion devices.

21. Promoting or being involved in gang or gang- 29. Assault upon, disorderly conduct toward, ha-
like activity. rassment of, making knowingly false allega-
tions of child abuse against, or any criminal
22. Engaging in “hazing,” i.e., any activity by
offense against a teacher or District employ-
which a person recklessly endangers the
ee, or damage to property of a teacher or

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Poudre School District Student Rights & Code of Conduct

District employee, which occurs on District All medicine to be administered at school or a


property. school-sponsored activity shall be furnished by
the parent or guardian of the student who is to
30. Initiating or participating in false alarms,
take it, and shall be delivered by the student’s
false notifications of alarms, or bomb scares. parent or guardian to an individual in the school
31. Violation of the District’s student dress office designated to receive it, unless alternative
policy. arrangements have been made and approved in
advance by the school nurse and by the building
32. Being declared a habitually disruptive stu- principal. Exceptions to this rule apply with re-
dent. spect to high school students who are authorized
to carry and self-administer medicine, and with
Administering Medicine respect to asthma, food allergy and anaphylaxis
health management, in accordance with the
to Students/Asthma, Food
terms and conditions set forth below.
Allergy and Anaphylaxis
Health Management (JLCD) A written request to administer medicine to a
student, and a full release of the District and its
This policy governs the terms and conditions
personnel from claims arising out of administer-
under which medicine may be administered to
ing the medicine, must be signed and submitted
students. For purposes of this policy, the term
by the student’s parent or guardian in order for
“medicine” includes prescription medicine, non-
medicine to be administered by District person-
prescription medicine and medical marijuana.
nel to any student at school or a school-spon-
Also for purposes of this policy, “nonprescription
sored activity. A separate written request and
medicine” includes but is not limited to over-the-
release must be signed and submitted for each
counter medicine, homeopathic medicine, herbal
medicine to be administered, and for each change
medicine, vitamins and nutritional supplements.
in the dosage, time(s) and/or manner of adminis-
Student possession, use, distribution, gift, pur- tration. Depending on the circumstances, the re-
chase, exchange, sale or being under the influ- quired written request and release may be incor-
ence of medicine inconsistent with the terms of porated as part of a student Health Plan, Section
this policy shall be dealt with as a violation of 504 Plan, IEP, or authorization for extended field
Policy JICH (Student Conduct Involving Drugs trip or other school-sponsored activity.
and Alcohol).
Verbal requests to administer medicine to a
■ Rules Applicable to all Students student may be honored only when made to the
and to all Medicine Except Medical school nurse by the student’s parent or guard-
Marijuana ian, only when prior delivery of the required
Whenever reasonably possible, students should written request and release is not reasonably
take medicine outside of school and school- possible under the circumstances, and only when
sponsored activities. Medicine shall only be the school nurse can confirm that the verbal re-
administered to a student at school or a school- quest is legitimately from the student’s parent
sponsored activity when it is necessary to do so. or guardian. The required written request and
In such cases, the medicine may be administered release, and any required written authorization
by the student’s parent or guardian. Otherwise, and directions signed by a health care provider,
the medicine shall be administered as set forth must be submitted before the medicine will be
below and in the accompanying regulation. administered to the student a second day.

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Poudre School District Student Rights & Code of Conduct

■ Medical Marijuana administered, the primary caregiver(s) who


will be administering it, and any required
As required by Colorado law, a primary caregiver protocol governing how it is to be adminis-
is permitted to administer medical marijuana in a tered.
nonsmokeable form to a student on District prop-
erty and at District or school-sponsored activities 2. The principal or principal’s designee shall
and events in accordance with the terms and con- confer with the parent/guardian to resolve
ditions in this section of Policy JLCD. As used in all questions and concerns regarding the
this section, “primary caregiver” is defined as the written request before permission is granted
student’s parent or guardian, or a licensed physi- to administer medical marijuana in a non-
cian or licensed nurse employed by the student’s smokeable form to the student on District
parent or guardian. Under no circumstances is a property and/or at a District or school-
District employee permitted to administer medi- sponsored activity or event, and the written
cal marijuana to a student on District property or request shall accordingly be revised as nec-
at a District or school-sponsored activity or event essary and signed by the principal or princi-
unless: (a) the employee is a parent or guardian pal’s designee.
of the student; (b) the employee is not on duty;
and (c) the employee administers the medical 3. The principal or principal’s designee shall
marijuana in a nonsmokeable form to the student make a photocopy of the original state of
in strict compliance with the terms and condi- Colorado written authorization for medical
tions in this section of Policy JLCD. marijuana to be administered to the student
and maintain it with the student’s confi-
When medical marijuana has been authorized dential medical records together with the
for a student in writing by the state of Colorado written request in final form signed by the
upon a physician’s recommendation as provided student’s parent/guardian and the principal
by state law, medical marijuana in a nonsmoke- or principal’s designee.
able form may be administered to the student by
a primary caregiver on District property and/or 4. The medical marijuana in a nonsmokeable
at a District or school-sponsored activity or event form shall be administered to the student
in accordance with the following terms and con- by a specified primary caregiver only at the
ditions: time(s) and only at the private location(s)
designated in writing by the principal or
1. The student’s parent/guardian must pres- principal’s designee on District property
ent in person to the principal or principal’s and/or at a District or school-sponsored
designee: (a) the original state of Colorado activity or event. The principal or princi-
written authorization for medical marijuana pal’s designee shall designate time(s) and
to be administered to the student; and (b) a location(s) for administering the medical
written request signed by the parent/guard- marijuana in a nonsmokeable form that en-
ian for medical marijuana in a nonsmoke- sure the procedure is not seen by students,
able form to be administered to the student employees or members of the public.
on District property and/or at a District or
school-sponsored activity or event, which 5. The medical marijuana in a nonsmokeable
specifies the requested form of medical form shall be administered to the student in
marijuana in a nonsmokeable form to be ad- a manner that does not disrupt the educa-
ministered, the requested times for it to be tional environment or District operations,

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Poudre School District Student Rights & Code of Conduct

and in a manner that does not expose stu- Prescription medicine shall be administered
dents, employees or members of the public only by a school nurse, when required by law, or
to the medical marijuana. by a District employee to whom the nurse has
properly delegated this task as authorized under
6. After the specified primary caregiver ad- the Nurse Practice Act (hereinafter the “nurse’s
ministers the medical marijuana in a non- designee”), except with respect to high school
smokeable form to the student, the primary students who are authorized to carry and self-
caregiver shall remove any and all such mar- administer medicine, and except with respect
ijuana that was not used, and any and all ma- to asthma, food allergy and anaphylaxis health
terials and articles used to administer such management, in accordance with the terms and
marijuana, from the District property and/ conditions set forth below. Each nurse’s desig-
or from the District or school-sponsored nee shall be approved by the building principal.
activity or event. Under no circumstances Prescription medicine shall be administered by
may medical marijuana or any materials and school personnel only in accordance with writ-
articles used to administer it be stored on ten authorization and directions signed by the
District property, or possessed on District prescribing health care provider (which authori-
property or at a District or school-sponsored zation and directions shall not include the phar-
activity or event longer than necessary for macy label on the medicine container). Depend-
the primary caregiver to administer it to the ing on the circumstances and subject to approval
student. and the required delegation by the school nurse,
Under no circumstances may a high school stu- the required written authorization and directions
dent possess or self-administer medical mari- may be incorporated as part of a student Health
juana in any form on any District property or Plan, Section 504 Plan, IEP, or authorization for
District vehicle, or at any District or school-spon- extended field trip or other school-sponsored
sored activity or event. activity.

Failure of the primary caregiver or student to ■ Additional Rules Applicable to


strictly comply with the terms and conditions of Nonprescription Medicine
this section of Policy JLCD may result in loss of If it is necessary for a student to take non-
permission to administer medical marijuana in prescription medicine at school or a school-
a nonsmokeable form to the student on District sponsored activity, it must be furnished in the
property and at District or school-sponsored ac- original container labeled by the pharmaceutical
tivities and events. company or other commercial distributor of the
medicine.
■ Additional Rules Applicable to
Prescription Medicine Nonprescription medicine shall be administered
If it is necessary for a student to take prescription only by a school nurse or by the nurse’s designee
medicine at school or a school-sponsored activ- (except with respect to high school students who
ity, it must be furnished in the original pharmacy are authorized to carry and self-administer medi-
labeled container. The student’s name, name of cine, and except with respect to asthma, food al-
the medicine, dosage, name of prescribing health lergy and anaphylaxis health management, in ac-
care provider, date prescription was filled and cordance with the terms and conditions set forth
expiration date must be printed on the medicine below). Each nurse’s designee shall be approved
container’s pharmacy label. by the building principal. Nonprescription medi-
cine shall be administered by school personnel

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Poudre School District Student Rights & Code of Conduct

only in accordance with written authorization and building principal shall determine that
and directions signed by the treating health care the student has the ability to properly self-
provider, or in accordance with a District-wide administer the medicine, and that the stu-
protocol for administering specified nonprescrip- dent is sufficiently mature and responsible
tion medicines that is developed and reviewed to safely possess and self-administer the
at least once a year by a licensed physician. De- medicine at school or a school-sponsored ac-
pending on the circumstances and subject to ap- tivity in compliance with applicable District
proval and the required delegation by the school policies and regulations.
nurse, the required written authorization and di-
rections, or District-wide protocol, may be incor- 5. The high school student is only authorized to
porated as part of a student Health Plan, Section possess and self-administer a one-day dose
504 Plan, IEP, or authorization for extended field of medicine at school or a school-sponsored
trip or other school-sponsored activity. activity, except that more than a one-day
dose may be authorized by the school nurse
■ Authorization to Possess and Self- and building principal if necessitated by the
Administer Medicine Except Medical duration of a particular school-sponsored
Marijuana activity and except that this paragraph shall
A high school student who needs to take medi- not apply to a high school student who re-
cine at school or a school-sponsored activity may quires and possesses an insulin pump or
be authorized to possess and self-administer his other medical device that delivers dosages of
or her medicine, except medical marijuana, in prescribed medication over a period of time
accordance with the following terms and condi- that exceeds one day.
tions:
6. The high school student shall at all times
1. The high school student shall be subject to maintain the security of his or her medicine
and comply with the rules set forth above, so that it may not be taken by or otherwise
unless otherwise amended in this section. fall into the possession of another person.

2. Before the high school student may possess 7. Possessing and self-administering medicine
and self-administer medicine at school or a at school is a privilege granted to high school
school-sponsored activity, a written request students that may be lost if not exercised
therefor, and a full release of the District and responsibly and safely, as determined by the
its personnel from claims arising out of the school nurse and building principal.
student possessing and self-administering
the medicine, must be signed and submitted ■ Asthma, Food Allergy and
by the student’s parent or guardian.
Anaphylaxis Health Management
A student with asthma, a food allergy, other se-
3. Before the high school student may possess vere allergies or a related life-threatening condi-
and self-administer medicine at school or a tion may possess and self-administer prescribed
school-sponsored activity, any required writ- medication to treat such conditions at school, at
ten authorization and directions signed by a a school-sponsored activity or while being trans-
health care provider must be submitted. ported in a school vehicle, in accordance with the
Colorado Schoolchildren’s Asthma, Food Allergy,
4. Before the high school student may possess
and Anaphylaxis Health Management Act (the
and self-administer medicine at school or a
“Act”) and the following terms and conditions:
school-sponsored activity, the school nurse

Page 42
Poudre School District Student Rights & Code of Conduct

1. Before the student may possess and self- by the school nurse, the student, and the stu-
administer the prescribed medication, the dent’s parent or guardian that assigns levels
student’s parent or guardian must submit of responsibility to the parent or guardian,
a written medical authorization signed by the student, and District employees. The
the prescribing health care practitioner that contract shall accompany orders for the
includes the name, purpose, prescribed dos- medication from the student’s health care
age, frequency and length of time between practitioner and shall specify that noncom-
dosages of the medication to be self-admin- pliance with the contract terms may result
istered; and confirmation from the health in withdrawal of the privilege of possessing
care practitioner that the student has been and self-administering the prescribed medi-
instructed and is capable of self-administer- cation.
ing the prescribed medication.
a. The contract shall include requirements
2. Before the student may possess and self-ad- that the student shall: (i) be able to
minister the prescribed medication, the stu- demonstrate competency in taking the
dent must demonstrate to the school nurse medication; (ii) be able to demonstrate
and to the student’s health care practitioner asthma/allergy management and self-
(or practitioner’s designee) the skill level care skills; (iii) notify a school official if
necessary to use the medication and any emergency medication has been admin-
device used to administer the medication as istered or when having more difficulty
prescribed, including but not limited to: (a) than usual with the student’s medical
the ability to identify the correct medication; condition; and (iv) be expressly prohib-
(b) demonstration of the correct administra- ited from allowing another person to use
tion technique; (c) knowledge of the dose re- the student’s medication.
quired; (d) the frequency of use; and (e) the
b. The contract shall include requirements
ability to recognize when to take the medica-
that the student’s parent or guardian
tion. In addition, a written treatment plan
shall: (i) provide written orders for the
for managing the student’s asthma, food
medication from the student’s health
allergy or anaphylaxis episodes and for the
care practitioner; (ii) provide written
student’s medication use must be developed
authorization for the student to possess
by the school nurse in collaboration with
and self-administer the medication; and
the student’s health care practitioner. The
(iii) provide assurance that the medica-
treatment plan shall be effective only for the
tion container is appropriately labeled
school year in which it is approved or until a
by a pharmacist or health care practitio-
new treatment plan is developed, whichever
ner, that the medication device contains
period is shorter. New treatment plans shall
the medication, that the medication has
be developed for each subsequent school
not expired, that backup medication will
year in which the Act’s requirements and the
be provided to the school for emergen-
terms and conditions specified in this sec-
cies, and that the status of the student’s
tion are met.
asthma/allergy is reviewed with the stu-
3. Before the student may possess and self-ad- dent on a regular basis.
minister the prescribed medication, a writ-
c. The contract shall include requirements
ten contract shall be developed and signed
that the school nurse shall (i) review

Page 43
Poudre School District Student Rights & Code of Conduct

with the student the correct technique Student food allergies and anaphylaxis in the
for use of the medication device; (ii) be District’s schools shall be managed in accordance
advised regarding the time and dosages with the following terms and conditions:
specified in the written orders for the
1. The District shall make available on its web-
medication from the student’s health
site and at each of its schools the standard
care practitioner; (iii) be advised regard-
form developed by the Colorado Depart-
ing the appropriate use of the medica-
ment of Public Health and Environment (the
tion; (iv) provide assurance that the
“Food Allergy Form”) that allows the parent
status of the student’s asthma/allergy is
or guardian of a student with a known food
reviewed with the student on a regular
allergy to provide the student’s school with
basis; (v) notify school staff on a need-
information as specified in the Colorado
to-know basis that a student has asthma
School Children’s Food Allergy and Anaphy-
or a life-threatening allergy and has per-
laxis Management Act regarding the allergy.
mission to possess and self-administer
medication for that condition; and (vi) 2. Each school shall have a plan in place for
assign one or more school staff members communication with emergency medical
to make a 911 emergency call if the stu- services. The plan shall include but not be
dent has an exposure that results in the limited to the provision of information on
need to use epinephrine. student
Food Allergy Forms to emergency medical
4. Before the student may possess and self-
responders.
administer the prescribed medication, the
student’s parent or guardian must sign and 3. The parents and guardians of each student
submit a written statement releasing the who is not authorized to possess and self-
District, school and any associated entity, administer medication for the student’s
and all employees and volunteers of the Dis- food allergy or anaphylaxis are encouraged
trict, school and any associated entity, from to provide the school with a supply of the
liability (except with respect to willful and student’s prescribed medication for use in
wanton conduct or disregard of the criteria the event of an anaphylactic reaction. All
of the treatment plan). emergency medications shall be stored in a
secure location at the school that is easily ac-
5. Immediately after using an epinephrine
cessible for designated staff members.
auto-injector at school, at a school-spon-
sored activity or while being transported 4. The school nurse and building principal
in a school vehicle, a student shall report to shall identify staff members at each school
the school nurse, an employee in the school who shall receive emergency anaphylaxis
office, or another school official and the per- treatment training. Such staff members
son so notified shall take action to provide shall include those directly involved dur-
for appropriate follow-up care, which shall ing the school day with students who have
include promptly making a 911 emergency known food allergies. The training shall, at
call and (with respect to employees in the a minimum, provide the staff members with:
school office and other school officials) (a) a basic understanding of food allergies
promptly contacting the school nurse or and the importance of reasonable avoidance
nurse’s designee. of agents that may cause anaphylaxis; (b)

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Poudre School District Student Rights & Code of Conduct

the ability to recognize symptoms of ana- ■ Storage of Medicine


phylaxis; (c) the ability to respond appropri- Medicine to be administered to students at
ately in the event of a student suffering an school shall be stored in the office or similar
anaphylactic reaction; and (d) the ability to area at each school in a clean, locked cabinet,
administer self-injectable epinephrine to a drawer, or other appropriate container reserved
student suffering an anaphylactic reaction. and used exclusively for the storage of medicine
5. In the absence of a Section 504 Plan or IEP, and inaccessible to students. If refrigeration is
required, the medicine shall be stored either:
the school nurse shall be responsible for
(a) in a locked refrigerator reserved and used
the development and implementation of a
exclusively for the storage of medicine and inac-
student Health Plan for each student with
cessible to students; or (b) in an impervious sec-
the diagnosis of a potential life-threatening
ondary container in a food storage refrigerator,
food allergy. Such Health Plans shall include,
separated from food and inaccessible to students.
as appropriate: (a) consideration of infor-
mation provided by the student, student’s At the end of each school year, all medicine in
parent or guardian and student’s health storage at each school shall be returned to the
care provider, including but not limited to parent or guardian who furnished it or shall be
information provided on the Food Allergy appropriately disposed of by the school nurse or
Form; and (b) reasonable steps to reduce the nurse’s designee.
student’s exposure to agents at school and
school-sponsored activities that may cause ■ Health Care Provider Authorization
anaphylaxis. and Directions
Health care provider authorization and direc-
6. The superintendent or superintendent’s
tions for administering medicine to a student
designee shall develop, periodically review
must be in writing and signed by the health care
and revise as necessary or appropriate ad-
provider, and must specify: (a) the student’s
ministrative guidelines to help ensure that name; (b) name of the medicine; (c) purpose
student food allergies and anaphylaxis in of the medicine; (d) dosage; (e) time(s) the
the District’s schools are properly managed. medicine is to be administered; (f) manner of
District employees interacting with students administration; (g) anticipated number of days
who have food allergies shall comply with the medicine needs to be administered at school
such administrative guidelines, including and/or school-sponsored activities; and (h) pos-
the PSD Guidelines for Students with Severe sible side-effects of the medicine.
Food Allergies and Intolerances, and shall
faithfully implement the students’ Section ■ Safety Precautions
504 Plans, IEPs and Health Plans. Before medicine is administered to any student,
the school nurse or District employee to whom
Administering Medicine to the nurse has properly delegated this task as
Students (JLCD-R) authorized under the Nurse Practice Act shall
take necessary steps to ensure that: (a) a cur-
These regulations shall have no applicability to rent request to administer medicine and release
medical marijuana or to administering medical signed by the student’s parent/guardian is on
marijuana to students. file; (b) written authorization and directions for
administering the medicine signed by the stu-

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Poudre School District Student Rights & Code of Conduct

dent’s health care provider, or current District- Screening/Testing of


wide protocol developed by a licensed physician
Students (JLDAC)
for administering specified nonprescription
medicines, is on file; (c) the correct student is ■ Physical Screenings
receiving the medicine; (d) the correct medicine The sight and hearing of all students in kinder-
is being administered to the student; (e) the cor- garten, first, second, third, fifth, seventh and
rect dose of medicine is being administered; (f) ninth grades, or students in comparable age
the medicine is being administered at the correct groups referred for testing, shall be tested dur-
time; (g) the medicine has not expired; and (h) ing the school year by the school nurse, teacher,
the medicine is being administered in the correct principal or other qualified person authorized
manner. by the District, as required by law. The parent/
An error in administering medicine to a student guardian shall be informed when a deficiency is
includes but is not limited to giving medicine to found. This provision shall not apply to any stu-
the wrong student, giving the wrong medicine to dent whose parent/guardian objects on religious
a student, giving the wrong dose of medicine to a or personal grounds.
student, giving more than one dose of medicine Parents/guardians, and students who are 18
to a student, giving medicine to a student in an years of age or older or emancipated minors
incorrect manner, giving medicine to a student at (hereinafter referred to as “eligible students”),
the wrong time, forgetting to give a student medi- shall receive notice and have the opportunity to
cine at the required time, and/or forgetting to opt any student out of any non-emergency inva-
document that medication was given to a student. sive physical examination or any physical screen-
Errors in administering medicine to a student ing (such as routine hearing, vision and dental
must be promptly reported to the school nurse screenings) that is:
and to the student’s parent or guardian, and must 1. required as a condition of attendance;
be documented on an Error Report. Poison con-
trol or 911 shall immediately be called in the case 2. administered by the school and scheduled
of errors that involve administering medicine by the school in advance; and
to the wrong student, administering the wrong
3. not necessary to protect the immediate
medicine to a student, or administering an over-
health and safety of the student, or of other
dose of medicine.
students.
■ Recordkeeping
■ Survey, Assessment, Analysis or
An individual record shall be kept for each Evaluation of Students
student of every medicine administered to the
Except as otherwise permitted by law, prior writ-
student, which shall include: (a) the name of the
ten parent/guardian consent (or prior written
medicine; (b) the date and time the medicine was
consent of the eligible student) shall be required
administered; (c) the dosage administered; (d)
in order for any student to be given a survey, as-
the manner the medicine was administered; (e)
sessment, analysis or evaluation that would re-
any unusual reactions or responses of the stu-
veal information (whether or not the information
dent; and (f) the name of the person administer-
is personally identifiable) concerning:
ing the medicine.
1. Political affiliations or beliefs of the student
or the student’s parent/guardian;

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Poudre School District Student Rights & Code of Conduct

2. Mental or psychological problems of the stu- 5. The entities or persons, regardless of affili-
dent or the student’s family; ation, who will have access to the informa-
tion; and
3. Sex behavior or attitudes;
6. A method by which a parent/guardian can
4. Illegal, antisocial, self-incriminating, or de-
grant or deny permission to access or exam-
meaning behavior;
ine the records or information.
5. Critical appraisals of other individuals with
Proposed activities involving the collection, dis-
whom the student has a close family rela-
closure or use of personal information collected
tionship;
from students for the purpose of marketing or
6. Legally recognized privileged or analogous selling that information, or otherwise providing
relationships, such as those with lawyers, the information to others for that purpose, shall
physicians and ministers; not occur with respect to any student for whom
prior written consent regarding such activity has
7. Income (other than that required by law to not been given by the parent/guardian or (if ap-
determine eligibility for participation in a plicable) the eligible student.
program or for receiving financial assistance
under such program); Parents/guardians and eligible students shall
have the right to review, upon request, any in-
8. Religious practices, affiliations, or beliefs of structional material used as part of the educa-
the student or the student’s parent/guard- tional curriculum for the student.
ian; or
Nothing in this policy shall:
9. The social security number of the student or
the student’s parent/guardian. 1. Prevent a student who is working under
the supervision of a journalism teacher or
The prior written consent required above shall sponsor from preparing or participating in
include prior written notice of the survey, as- a survey, assessment, analysis or evaluation
sessment, analysis or evaluation and at least two without obtaining consent as long as such
weeks after receipt of the notice for parents/ participation is not otherwise prohibited by
guardians and eligible students to obtain written law;
information concerning:
2. Be construed to prevent a District employee
1. Records or information that may be exam- from reporting known or suspected child
ined and required in the survey, assessment, abuse or neglect as required by state law;
analysis or evaluation;
3. Be construed to limit the ability of a health
2. The means by which the records or professional that is acting as an agent of the
information shall be examined, reviewed, or District to evaluate an individual child;
disseminated;
4. Be construed to limit the District’s ability to
3. The means by which the information is to be administer a suicide assessment or threat
obtained; assessment; or
4. The purposes for which the records or infor- 5. Be construed to require parental notice or
mation are needed; consent for a survey, assessment, analysis or

Page 47
Poudre School District Student Rights & Code of Conduct

evaluation related to educational products applicable law. School personnel are encouraged
or services for or to students or educational to discuss concerns about a student’s behavior
institutions. These products and services with the parent/guardian, and such discussions
include, but are not limited to, the following: may include a suggestion that the parent/guard-
ian speak with an appropriate health care pro-
• college or other postsecondary educa- fessional regarding any behavior concerns that
tion recruitment or military recruitment school personnel may have.
activities;
■ Evaluation of Students with
• book clubs, magazines and programs
Disabilities
providing access to low-cost literary
The giving of parental permission for evaluation
products;
or re-evaluation of a student with disabilities and
• curriculum and instructional materials any required consent to the provision of special
used by District schools; education services to a student with disabilities
is governed by state and federal law and is out-
• tests and assessments used by District
side the scope of this policy.
schools to provide cognitive, evaluative,
diagnostic, clinical, aptitude or achieve- ■ Annual Notification of Rights
ment information about students; The District, at the beginning of each academic
• the sale by students of products or ser- year, shall inform parents/guardians and eligible
vices to raise funds for school-related or students of their rights under this policy.
education-related activities; and

• student recognition programs.


Student Vehicle Use and
Parking (JLIE)
■ Confidentiality
When parking lots are provided on campus,
Any survey, assessment, analysis or evaluation all student-driven vehicles shall be parked in
administered or distributed by a school to stu- such lots. No vehicles may be driven on school
dents shall be subject to applicable state and fed- grounds except in designated parking areas.
eral laws protecting the confidentiality of student
records. Student-driven vehicles shall remain parked
while students are scheduled to be in class. No
■ Treatment/Testing for Behavior loitering in parked cars or on school parking lots
Issues shall be permitted during the school day.
School personnel are prohibited under state law
The privilege of bringing a student-operated mo-
from recommending or requiring the use of psy-
tor vehicle onto school premises is based upon
chotropic drugs for students. They are also pro-
the condition of consent by the student driver to
hibited from testing or requiring testing for a stu-
allow a search of the vehicle when there is rea-
dent’s behavior without giving notice to the par-
sonable suspicion the search will yield evidence
ent/guardian describing the recommended test-
of contraband.
ing and how any test results will be used. Prior
to conducting any such testing, school personnel Refusal by a student, parent/guardian, or vehicle
shall obtain written permission from the parent/ owner to allow search access to a motor vehicle
guardian or eligible student in accordance with on school premises when requested shall be

Page 48
Poudre School District Student Rights & Code of Conduct

cause for termination without further hearing of personally identifiable information, and a re-
the privilege of bringing any vehicle onto school cord of the disclosure of such records and in-
premises by said individual. formation including the legitimate interests
permitting such disclosure, shall be main-
Each school is authorized to engage in routine
tained as a part of each student’s record.
patrolling of student parking lots, visual inspec-
Notwithstanding the foregoing, request/
tion of student automobiles, and the use of dogs
disclosure records are not required with
trained to alert at the scent of drugs, explosives
respect to requests from or disclosures to:
and other contraband.
(a) the parent or eligible student; (b) District
Principals may adopt additional parking and officials in accordance with this policy; (c)
driving regulations as necessary for the proper a party with written consent from the par-
operation of their schools and programs. ent or eligible student; (d) a party seeking
directory information; or (e) a party seeking
or receiving education records or person-
Student Records/Release ally identifiable information pursuant to a
of Information on Students judicial order or lawfully issued subpoena
(JRA/JRC) legally mandated to be kept confidential.
1. General Provisions
2. Access to Records
Student education records may contain,
A parent or guardian has the right to inspect
but will not necessarily be limited to, the
and review the student’s education records.
following information: identifying data;
If a student is 18 years of age or older the
academic work completed; level of achieve-
student may inspect his/her own records,
ment (grades, standardized achievement
and the student’s written permission shall
test scores); attendance data; scores on
be required in order for the parent or guard-
standardized intelligence, aptitude, and psy-
ian to inspect the records. (Such student 18
chological tests; interest inventory results;
years of age or older shall be known as an
health data and medical information; family
“eligible student.”) However, if an eligible
background information; teacher or coun-
student is a dependent for federal income
selor ratings and observations; and reports
tax purposes, parents/guardians are en-
of serious or recurrent behavior patterns.
titled, along with the student, to have access
Education records do not include records to student education records.
maintained by a law enforcement unit of the
The building principal shall provide such
school or District (should one exist) that are
personnel as necessary to give explanations
created by that unit for the purpose of law
and interpretations of the education records
enforcement.
when requested by parents/guardians or
Nothing in this policy shall prevent admin- eligible students.
istrators, teachers or other staff from dis-
The parent/guardian or eligible student
closing information derived from personal
shall examine the education records in
knowledge or observation.
the presence of the principal and/or other
A record of requests to inspect, review and/ person(s) designated by the principal.
or copy a student’s education records or

Page 49
Poudre School District Student Rights & Code of Conduct

Original education records shall not be form their legal duties and responsibilities,
taken from District or school buildings. Un- including protecting public safety and the
less otherwise provided by law or District safety of students and staff. Such informa-
policy, one (1) copy of a student’s education tion may be obtained from any state or local
record(s) shall upon request be provided agency that performs duties and functions
within a reasonable time to the parent/ under the Colorado Children’s Code.
guardian or eligible student at a cost not to
District personnel receiving such informa-
exceed 25 cents per page. In order to pre-
tion shall use it only in the performance of
serve the integrity of test materials and to
their legal duties and responsibilities and
comply with copyright law, however, copies
shall otherwise maintain the confidentiality
of test protocols and/or completed test in-
of all information obtained.
struments or question booklets shall not be
provided. If such information is shared with another
school or school district to which a student
3. Requesting Records from Other may be transferring, it shall only be shared
Schools/Districts in compliance with the requirements of
When a student transfers to the Poudre federal and state law, including the Federal
School District from another district, the Education Rights and Privacy Act of 1974
principal or designee of the receiving school (“FERPA”), Colorado Open Records Act, and
shall request the student’s education records Colorado Children’s Code.
from the transferring district if the records
have not already been forwarded to the re- 6. Requests to Amend Education
ceiving school. Records
A parent/guardian or eligible student who
4. Transferring Records to Other believes that information contained in the
Schools/Districts student’s education records is inaccurate,
Student education records, including disci- misleading or violates the student’s privacy
plinary records, may be transferred without or other rights may request that the District
parent/guardian or eligible student consent amend the records. Such requests shall ini-
to officials of another school, school district, tially be submitted in writing to the building
or postsecondary institution in which the principal. The amendment request must be
student seeks or intends to enroll, or has received by the building principal within 10
enrolled. The District shall, upon request of school days of the date that the student re-
the parent/guardian or eligible student, pro- cords were first examined, unless additional
vide them with a copy of the records trans- time is granted by the District for good cause
ferred. shown.

5. Requesting and Receiving If the principal denies the request to amend,


Information and Records from State the principal shall notify in writing the par-
Agencies ent/guardian or eligible student of the deci-
Within the bounds of state law, District per- sion and advise them of their right to appeal
sonnel shall seek to obtain such information such decision. Such request for an appeal
regarding students as is required to per- must be received by an assistant superin-
tendent of school services within 10 school

Page 50
Poudre School District Student Rights & Code of Conduct

days after the date of the principal’s notifica- d. The designated hearing official shall
tion of denial unless additional time is grant- issue a decision in writing within 10
ed by the District for good cause shown. This school days following the conclusion of
appeal must be answered in writing and the hearing, and shall notify the parent/
sent to the parent/guardian or eligible stu- guardian or eligible student of that deci-
dent within 10 school days. sion by certified mail.

If the assistant superintendent denies the e. The decision of the hearing official shall
appeal, the parent/guardian or eligible stu- be based upon the evidence presented at
dent shall be notified of the decision and the hearing and shall include a summary
advised of their right to request a formal of the evidence and the reason for the
hearing. decision.

If the first two steps have not resulted in the f. The decision shall include a statement
requested amendment, the parent/guard- informing the parent/guardian or eli-
ian or eligible student may request a formal gible student of their right to place in the
hearing. A request for a formal hearing must student’s challenged education records
be made in writing and received by the Su- a statement commenting upon the in-
perintendent of Schools within 10 days after formation in the records and/or setting
the date of the assistant superintendent’s forth any reason for disagreement. Any
denial of the appeal. The response to the re- explanation placed in the records shall
quest must be mailed within 10 school days. be maintained by the District. If the edu-
The hearing will be held in accordance with cation record is disclosed by school of-
the following: ficials to any other party, the explanation
also shall be disclosed to that party.
a. The hearing will be held within 15
school days after receipt of the request. 7. Disclosure with Written
Notice of the date, place and time of the Consent
hearing will be forwarded to the parent/
Except as specified in Section 8 of this policy
guardian or eligible student by certified
or as otherwise provided by law, written
mail.
consent shall be required before student
b. The hearing will be conducted by a education records and/or personally iden-
principal or administrative official desig- tifiable information contained therein is
nated in writing by the superintendent. disclosed to parties other than the parent/
The official conducting the hearing shall guardian or eligible student. Such written
not have a direct interest in the outcome consent shall be given by the parent/guard-
of the hearing. ian or eligible student and shall contain the
following:
c. A parent/guardian or eligible student
shall be afforded a full and fair opportu- a. the date of the consent;
nity to present evidence relevant to the
b. specification of the records or informa-
issues raised and may be assisted or rep-
tion to be disclosed;
resented by an individual of their choice
at their own expense, including an attor- c. the purpose of the disclosure; and
ney.

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Poudre School District Student Rights & Code of Conduct

d. the identity of the party or class of par- serving on an official committee or as-
ties to whom the disclosure may be sisting another District official in per-
made. forming his or her tasks.

If the parent/guardian or eligible student (1) For purposes of this policy, a District
so requests, the District shall provide them official is determined to have a “legit-
with a copy of the records disclosed. Par- imate educational interest” if disclo-
ent/guardian or eligible student consent sure to the official is: (a) necessary
shall only be valid for the specific disclosure for that official to perform appropri-
for which the written consent was given. ate tasks that are specified in his or
Consent for a student to participate in any her position description or by a con-
course, school activity, special education tract agreement; (b) used within the
program, or in any other school program context of official District business
shall not constitute written consent for dis- and not for purposes extraneous to
closure of education records or personally the official’s areas of responsibility;
identifiable information contained therein. (c) relevant to the accomplishment
of some task or to a determination
All signed consent forms shall be retained by
about the student; and (d) consistent
the District.
with the purposes for which the data
are maintained.
8. Disclosure Without Written
Consent b. The disclosure is to officials of another
The District may disclose student education school, school system, or institution of
records or personally identifiable informa- postsecondary education in which the
tion contained therein without written student seeks or intends to enroll, or has
consent of the parent/guardian or eligible enrolled.
student under any of the following circum-
c. The disclosure is to authorized represen-
stances:
tatives of the Comptroller General of the
a. The disclosure is to a District official United States, the Attorney General of
having a legitimate educational interest the United States, the Secretary of Edu-
in the education record or the person- cation, or state educational authorities.
ally identifiable information contained
d. The disclosure is in connection with a
therein. A “District official” for purposes
student’s application for, or receipt of,
of this policy is a person employed by
financial aid.
the District as an administrator, supervi-
sor, instructor or support staff member; e. The disclosure is to state or local of-
a person serving on the Board of Educa- ficials and concerns the juvenile justice
tion; a person or company with whom system’s ability to effectively serve, prior
the District has contracted to perform to adjudication, the student whose re-
specialized tasks (such as attorneys, cords are disclosed as provided under
auditors, school resource officers, con- the Colorado Open Records Act and
sultants and health care providers); or Colorado Children’s Code. Such records
a parent/guardian, student or volunteer and personally identifiable information

Page 52
Poudre School District Student Rights & Code of Conduct

shall only be disclosed upon written cer- video recordings, major field of study, grade
tification by the officials that the records level, participation in officially recognized
and information will not be disclosed activities and sports, weight and height of
to any other party, except as specifically members of athletic teams, dates of atten-
authorized or required by law, without dance, honors and awards received, and the
the prior written consent of the parent/ most recent educational agency or institu-
guardian or eligible student. tion attended. The District may disclose di-
rectory information without written consent
f. The disclosure is to organizations con-
of the parent/guardian or eligible student;
ducting studies for, or on behalf of,
however, student telephone numbers and
educational agencies or institutions to
addresses will not be disclosed without the
develop, validate or administer predic-
express written permission of the parent/
tive tests; to administer student aid pro-
guardian. The parent or eligible student has
grams; or to improve instruction.
the right to refuse to permit the disclosure
g. The disclosure is to accrediting organiza- of any or all of the categories of directory
tions to carry out their accrediting func- information specified above, provided such
tions. refusal is in writing and received in the of-
fice of the principal of the school where the
h. The disclosure is to comply with a judi- student is in attendance no later than Sep-
cial order or lawfully issued subpoena. tember 1 (or the next school day thereafter
Unless otherwise specified in the order if September 1 is a Saturday, Sunday or legal
or subpoena, the District shall inform holiday).
the parent/guardian or eligible student
prior to complying with the subpoena or 10. Disclosure to Military Recruiting Of-
court order. ficers
i. The disclosure is in connection with an Names, addresses, and home telephone
emergency, if knowledge of the informa- numbers of secondary students will be re-
tion disclosed is necessary to protect the leased to military recruiting officers within
health or safety of the student or other ninety (90) days of the request, unless a
persons. student submits a written request that such
information not be released. Reasonable and
j. The disclosure is of “directory informa- customary actual expenses directly incurred
tion” under the conditions specified in by the District in furnishing this information
this policy. will be paid by the requesting service.

9. Directory Information 11. Disclosure to Medicaid


For purposes of this policy, “directory in- In all cases in which a student is enrolled in
formation” is information contained in a the Colorado Medicaid program, the District
student’s education record that would not shall release directory information consist-
generally be considered harmful or an inva- ing of the student’s name, date of birth and
sion of privacy if disclosed. “Directory infor- gender to Health Care Policy and Financ-
mation” includes, but is not limited to, the ing (Colorado’s Medicaid agency) to verify
student’s name, photograph, audio and/or Medicaid eligibility of students. The District

Page 53
Poudre School District Student Rights & Code of Conduct

shall obtain written consent annually from FERPA is: Family Policy Compliance Office, U.
a parent/guardian or eligible student before S. Department of Education, 400 Maryland
the release of any non-directory information Avenue, SW, Washington, DC 20202-4605.
required for billing.

12. Alumni Directories


Use of Restraint and
Seclusion
Directory information for alumni directories
may include the student’s name, major activ- District Policy JKA governs the manner in which
ities and sports, weight and height of mem- physical intervention, restraint, seclusion and
bers of athletic teams, dates of attendance, time-out are handled with respect to PSD stu-
degrees and awards received, and the most dents. Policy JKA has been drafted in accordance
recent and previous education agency or in- with Colorado’s Protection of Persons from Re-
stitution attended by the student. Directory straint Act, specifically including C.R.S. § 26-20-
information for alumni directories may also 111 (Use of restraints in public schools - certain
include the addresses of former students. restraints prohibited). Policy JKA can be found
Telephone numbers and addresses of cur- on the District’s website at https://www.psd-
rent students will not be disclosed pursuant schools.org/sites/default/files/PSD/policies/
to Colorado law. JKA.pdf.

The District shall continue to honor requests As provided by rule of the State Board of Educa-
to opt out of the disclosure of directory in- tion at 1 C.C.R. 301-45, § 2620-R-2.07, the pro-
formation made by or on behalf of a former cess for filing a complaint regarding the use of
student while the student was in attendance restraint or seclusion with respect to a District
at a District school, unless the former stu- student is set forth on the District’s website at
dent rescinds the opt-out request. When a https://www.psdschools.org/student-restraint-
former student is contacted to update and and-seclusion.
verify data to be contained in an alumni
directory, the former student may request Nondiscrimination/Equal
that no information be published, and such Opportunity (AC)
request shall be honored.
Poudre School District is committed to the policy
13. Annual Notification of Rights that no otherwise qualified person shall be de-
At the beginning of each academic year the nied access to, be excluded from participation
District will notify all parents/guardians and in, be denied the benefits of, or be subjected
eligible students of their rights pursuant to to unlawful discrimination under, any District
this policy. Copies of this policy and relevant program or activity on the basis of race, color,
religion, national origin, ancestry, sex, sexual
forms may be obtained from the School
orientation, marital status, veteran status, age
Services office any time during normal busi-
or disability. The District does not unlawfully
ness hours. Complaints regarding violations
discriminate on the basis of race, color, religion,
of rights accorded parents/guardians and
national origin, ancestry, sex, sexual orientation,
eligible students pursuant to the Family
marital status, veteran status, age or disability in
Rights and Privacy Act may be submitted to
access or admission to, or treatment or employ-
the U.S. Department of Education. The name
ment in, its programs or activities. Harassment
and address of the office that administers

Page 54
Poudre School District Student Rights & Code of Conduct

based on the foregoing protected classifications fringe benefits, job classification, promotion and
is a form of unlawful discrimination, and is sepa- termination.
rately addressed in District Policies GBAA and
JBB. As used in this policy and as defined by ■ Nondiscrimination/Equal
Colorado statute, “sexual orientation” means an
Opportunity with Respect to
Parents, Guardians and Members of
individual’s orientation toward heterosexuality,
the Public
homosexuality, bisexuality or transgender status,
or another individual’s perception thereof. No otherwise qualified parent/guardian or mem-
ber of the public shall be denied access to, be
■ Nondiscrimination/Equal excluded from attendance at or participation in,
Educational Opportunities with be denied the benefits of, or be subjected to un-
Respect to Students lawful discrimination under, any District program
No otherwise qualified student shall be excluded or activity on the basis of race, color, religion,
from participation in, be denied the benefits of, national origin, ancestry, sex, sexual orientation,
or be subject to discrimination under any District marital status, veteran status, age or disability.
program or activity on the basis of race, color,
religion, national origin, ancestry, sex, sexual
■ Reports and Complaints of Unlawful
Discrimination
orientation or disability. This policy shall ap-
ply to access to and participation in educational Any student, parent/guardian of a student, com-
activities, course offerings, athletics, counseling, munity member or employee who believes he/
employment assistance and extracurricular ac- she has been a victim of unlawful discrimination
tivities. Every student of this District shall have is encouraged to report it or file a complaint as
equal educational opportunities regardless of provided in District Regulation AC-R, except that
race, color, religion, national origin, ancestry, sex, reports and complaints of unlawful discrimi-
sexual orientation or disability. nation based on disability should be made as
provided in District Policy ACE. Any student, par-
■ Nondiscrimination/Equal ent/guardian of a student, community member
Employment Opportunity with or employee who witnesses unlawful discrimina-
Respect to Employees and tion is encouraged to report it as provided in Dis-
Applicants for Employment trict Regulation AC-R or District Policy ACE.
It is the policy of Poudre School District to pro-
vide equal employment opportunity. The District The District shall take appropriate action to
does not unlawfully discriminate in employment promptly and impartially investigate allegations
decisions, or the treatment of employees or ap- of unlawful discrimination; shall promptly take
plicants for employment, on the basis of race; effective action to stop unlawful discrimination
color; religion; national origin; ancestry; sex; when it is discovered and take steps to prevent
pregnancy, physical recovery from childbirth or a reoccurrence; shall impose appropriate sanc-
a related condition; sexual orientation; marital tions on offenders in a case-by-case manner;
status; veteran status; age; genetic information; shall take steps to protect anyone participating in
or disability. The District’s commitment to equal good faith in an unlawful discrimination report,
employment opportunity and nondiscrimination complaint or investigation from retaliation; and
includes all areas of employment, including but shall protect the privacy of all those involved in
not limited to job advertising, recruitment, unlawful discrimination reports and complaints
selection, hiring, job training, compensation, as required by law. Reports and complaints that

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Poudre School District Student Rights & Code of Conduct

appear to involve criminal law violations shall criminal law violations shall also be referred to
also be referred to law enforcement authorities. law enforcement authorities.

■ Compliance Officers Reports and complaints of unlawful discrimina-


District compliance with this policy shall be the tion/harassment, except discrimination/harass-
responsibility of, and reports and complaints of ment based on disability, shall be handled in
discrimination based on these protected classifi- accordance with the procedures set forth in this
cations should be directed to: regulation and may be submitted orally or in
writing. Reports and complaints of unlawful dis-
For District students and community mem- crimination/harassment based on disability may
bers: be made orally or in writing in accordance with
the procedures specified in District Policy ACE.
Director of Student Services
1630 South Stover Street ■ Definitions
Fort Collins, Colorado 80525
1. As used in this regulation, “Compliance Of-
Phone: (970) 490-3033
ficer” means the employee designated by the
superintendent to receive and coordinate
For District employees: the handling of reports and complaints of al-
Executive Director of Human Resources leged unlawful discrimination/harassment.
2407 LaPorte Avenue a. The Compliance Officer for handling
Fort Collins, Colorado 80521 reports and complaints of unlawful
Phone: (970) 490-3620 discrimination/harassment against stu-
dents and community members is the
Reporting Discrimination director of student services, 1630 South
/District Response to Stover Street, Fort Collins, Colorado
Discrimination Complaints 80525, (970) 490-3033.

(AC-R) b. The Compliance Officer for handling


reports and complaints of unlawful
The District shall take appropriate action to
discrimination/harassment against
promptly and impartially investigate allegations
employees is the executive director of
of unlawful discrimination, which includes ha-
human resources, 2407 LaPorte Avenue,
rassment; shall promptly take effective action to
Fort Collins, Colorado 80521, (970) 490-
stop unlawful discrimination/harassment when
it is discovered and take steps to prevent a reoc- 3620.
currence; shall impose appropriate sanctions on 2. As used in this regulation, “aggrieved in-
offenders in a case-by-case manner; shall take dividual” means a student, the parents or
steps to protect anyone participating in good guardians of a student under the age of 18
faith in an unlawful discrimination/harassment acting on behalf of a student, a community
report, complaint or investigation from retali- member or an employee who is directly af-
ation; and shall protect the privacy of all those fected by and/or is witness to an alleged
involved in unlawful discrimination/harass- violation of a District policy prohibiting un-
ment reports and complaints as required by law. lawful discrimination/harassment.
Reports and complaints that appear to involve

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Poudre School District Student Rights & Code of Conduct

■ Initial Processing of Reports and Reports and complaints shall not be accepted
Complaints for investigation more than ninety (90) calen-
Aggrieved individuals are encouraged to dar days after the last date on which the alleged
promptly report incidences of discrimination/ha- harassment or discrimination occurred, except
rassment as provided in this regulation and other that extensions may be granted upon a showing
applicable District policies. All reports received that the aggrieved individual was prevented from
by teachers, counselors, principals and other Dis- timely filing as a result of circumstances beyond
trict employees shall be promptly forwarded to his/her control.
the appropriate Compliance Officer as specified
Upon receiving the report or complaint, the Com-
above. If the specified Compliance Officer is the
pliance Officer or Compliance Officer’s designee
individual alleged to have engaged in the prohib-
shall confer with the aggrieved individual and/
ited conduct, the report shall be forwarded to the
or the alleged victim of the unlawful discrimina-
other Compliance Officer. The responsible Com-
tion/harassment as soon as is reasonably pos-
pliance Officer or Compliance Officer’s designee
sible to obtain a clear understanding of the basis
shall document the report and follow up as nec-
of the report/complaint.
essary to ensure that to the extent possible the
documentation includes a detailed description of Following the initial meeting with the aggrieved
the alleged events, the dates the alleged events individual and/or alleged victim, the Compliance
occurred and names of the parties involved, in- Officer or Compliance Officer’s designee shall at-
cluding any witnesses. tempt to meet with the individual alleged to have
engaged in the prohibited conduct and, if that
Any aggrieved individual may file a complaint
individual is a student, with his or her parents/
with the appropriate Compliance Officer as speci-
guardian, in order to obtain a response to the
fied above charging the District, a student or a
report or complaint. Such person(s) shall be in-
District employee with unlawful discrimination
formed of all allegations that, in the Compliance
or harassment. If the specified Compliance Of-
Officer’s or designee’s judgment, are necessary to
ficer is the individual alleged to have engaged
achieve a full and accurate disclosure of material
in the prohibited conduct, the complaint shall
information or to otherwise resolve the report/
be filed with the other Compliance Officer. A
complaint.
complaint should be in writing unless the person
filing the complaint (the “Grievant”) has a disabil- At the initial meetings, the Compliance Officer or
ity that prevents the grievant from submitting a Compliance Officer’s designee shall explain the
complaint in writing. If the complaint is submit- avenues for informal and formal action, provide
ted orally, the Compliance Officer will document a description of the process, and explain that
the complaint in writing and give the grievant both the victim and the individual alleged to have
an opportunity to review and ask for any correc- engaged in prohibited conduct have the right to
tions to the documentation of the complaint. All exit the informal process and request a formal
complaints shall to the extent possible include resolution of the matter at any time. The Compli-
a detailed description of the alleged events, the ance Officer or designee shall also explain that
dates the alleged events occurred and names of whether or not the aggrieved individual files a
the parties involved, including any witnesses. Ag- written complaint or otherwise requests action,
grieved individuals will be permitted to present the District is required by law to take steps to
witnesses and other evidence in support of their correct the unlawful discrimination/harassment
complaint. and to prevent recurring unlawful discrimina-

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Poudre School District Student Rights & Code of Conduct

tion, harassment, or retaliation against anyone days following the Compliance Officer’s receipt
who makes a report or participates in an investi- of the report or complaint, or within thirty (30)
gation. The Compliance Officer or designee shall calendar days following the termination of the
also explain that any request for confidentiality informal resolution process. The Compliance Of-
shall be honored so long as doing so does not ficer’s or designee’s recommendations shall be
preclude the District from responding effectively advisory and shall not bind the superintendent
to prohibited conduct and preventing future pro- or the District to any particular course of action
hibited conduct. or remedial measure. Within twenty (20) busi-
ness days after receiving the Compliance Officer’s
■ Informal Action or designee’s findings and recommendations,
If the aggrieved individual and/or the individual the superintendent or superintendent’s designee
alleged to have engaged in the prohibited con- shall determine whether any sanctions or other
duct requests that the matter be resolved in an action, including disciplinary action, is appropri-
informal manner and/or the Compliance Officer ate and should be imposed. Also within twenty
or Compliance Officer’s designee believes that (20) business days after receiving the Compli-
the matter is suitable to such resolution, the ance Officer’s or designee’s findings and recom-
Compliance Officer or designee may attempt to mendations, and to the extent permitted by law,
resolve the matter informally through mediation, all parties, including the parents/guardians of
counseling or other non-disciplinary means. If all students involved, shall be notified in writing
both parties feel a resolution has been achieved of the investigation findings and the superinten-
through the informal process, then no further dent’s or designee’s determination regarding
compliance action need be taken. No party shall sanctions and/or other action taken to address
be compelled to resolve a report or complaint of the matter.
unlawful discrimination/harassment informally
and either party may request an end to the infor- ■ Appeals/Outside Agencies
mal process at any time. If the aggrieved individual is not satisfied with
the written findings or determination of the su-
Informal resolution shall not be used to process
perintendent or superintendent’s designee, he/
reports or complaints against a District employee
she may pursue any remedy or litigation autho-
and shall not be used between students where
rized by law.
the underlying offense involves sexual assault or
another act of violence. Complaints regarding violations of Title VI, (race,
national origin), Title IX (sex/gender) and Sec-
■ Formal Action tion 504/ADA (disability) may be filed directly
If informal resolution is inappropriate, unavail- with the Office for Civil Rights, U.S. Department
able or unsuccessful, the Compliance Officer or of Education, 1244 North Speer Blvd., Suite 310,
Compliance Officer’s designee shall promptly and Denver, CO 80204. Complaints regarding viola-
impartially investigate the allegations to deter- tions of Title VII (employment) and the ADEA
mine whether and/or to what extent unlawful (prohibiting age discrimination in employment)
discrimination/harassment has occurred. may be filed directly with the Federal Office of
Equal Employment Opportunity Commission,
The Compliance Officer or Compliance Officer’s
303 E. 17th Ave., Suite 510, Denver, CO 80202,
designee shall prepare written findings and rec-
or the Colorado Civil Rights Commission, 1560
ommendations, as appropriate, and submit them
Broadway, Suite 1050, Denver, CO 80202.
to the superintendent within forty (40) calendar

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Poudre School District Student Rights & Code of Conduct

Nondiscrimination on the hardship on District operations or would require


modification of the essential functions of the job
Basis of Disability (ACE)
at issue.
Poudre School District is committed to the policy
of nondiscrimination on the basis of disability ■ Nondiscrimination with Respect to
under all applicable laws, including but not lim- Parents, Guardians and Members of
ited to Section 504 of the Rehabilitation Act of
the Public
1973, 20 U.S.C. § 794 (“Section 504”) and the The District shall make reasonable accommo-
Americans with Disabilities Act, 42 U.S.C. § 12101 dations as required by law for members of the
et seq. (“ADA”). Section 504 and the ADA pro- public who seek to participate in or enjoy the
vide that no qualified individual with a disability benefits of District programs, services or activi-
shall, solely by reason of his or her disability, be ties. The District shall also make reasonable ac-
excluded from participation in, be denied the commodations as required by law for parents/
benefits of, or otherwise be subjected to discrimi- guardians to attend their children’s curricular
nation under any District program or activity. and extracurricular programs and activities,
The District does not unlawfully discriminate on and to participate on the same basis as parents/
the basis of disability in access or admission to, guardians who are not disabled in school-related
or treatment or employment in, its programs or matters concerning their children such as parent-
activities. The prohibition against discrimination teacher conferences, IEP meetings, Section 504
includes a prohibition against harassment. meetings, disciplinary hearings, and the like.

■ Nondiscrimination with Respect to ■ Section 504/ADA Coordinators


Students The director of student services shall serve as
The District shall provide a free, appropriate the District Section 504/ADA coordinator with
public education to each of its students as pro- respect to District students and members of the
vided by law. The District shall not discriminate public, and may be contacted at 1630 South Sto-
against any student on the basis of disability, ver Street, Fort Collins, Colorado 80525; phone
including but not limited to exclusion from cur- (970) 490-3033. The executive director of hu-
ricular or extracurricular programs, services or man resources shall serve as the District Section
activities. 504/ADA coordinator with respect to District
employees, and may be contacted at 2407 La-
■ Nondiscrimination in Employment Porte Avenue, Fort Collins, Colorado 80521;
The District shall not discriminate against any phone (970) 490-3620. The District Section
qualified individual on the basis of disability in 504/ADA coordinators shall ensure compliance
regard to job recruitment, application proce- with applicable laws prohibiting discrimination
dures or hiring; advancement in or termination on the basis of disability, shall formulate proce-
of employment; job training, compensation or dures and guidelines to implement and adminis-
benefits; or other terms, conditions or privileges ter the terms of this policy, shall coordinate the
of employment. The District shall make reason- impartial investigation of complaints and action
able accommodations to the known physical or taken based on such investigations, and shall
mental limitations of any otherwise qualified monitor District operations and practices to en-
individual with a disability who is a job applicant sure compliance with Section 504, the ADA and
or employee, unless the District can demonstrate other applicable laws prohibiting discrimination
that the accommodation would impose an undue on the basis of disability.

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Poudre School District Student Rights & Code of Conduct

■ Resolution of Disability tion, Cesar E. Chavez Memorial Building, 1244


Discrimination Complaints Speer Boulevard, Suite 310, Denver, Colorado
The following options for resolution of com- 80204; phone: (303) 844-5695; TDD: (877) 521-
plaints alleging discrimination on the basis of 2172; e-mail: OCR.Denver@ed.gov.
disability are separate, distinct and voluntary.
■ Grievance Procedure
Neither the District nor any of its employees shall
retaliate against any individual for exercising Step 1: The complainant should complete Form
rights provided under Section 504 and/or the AC-E (available in the Department of
ADA, or for good-faith participation in the reso- Student Services, the Department of Hu-
lution of a disability discrimination complaint man Resources, the office at each District
under this policy. school and on the District’s website) and
submit the completed Form to the school
Individuals who believe they have been unlaw- principal, the department director or
fully discriminated against by the District on the the complainant’s supervisor (as appli-
basis of disability (or their parents/guardians, cable). If the complainant is unable to
in the case of students under 18 years of age and complete the form because of a disability
individuals unable to advocate for themselves) or other legitimate reason, the complain-
may seek to resolve their complaints as set forth ant may have another person complete
in this policy. Whether or not an aggrieved indi- the Form on his/her behalf or may orally
vidual files a complaint or otherwise requests ac- provide the information called for in the
tion, the District is required by law to investigate Form to the appropriate District official.
allegations of unlawful discrimination of which it The District official to whom complaint
is made aware and to take steps to properly ad- information is orally submitted shall
dress discrimination it determines has occurred. document it on the form, read the in-
In cases where unlawful discrimination has oc- formation back to the complainant and
curred, the District shall take the necessary steps give the complainant an opportunity to
to prevent its reoccurrence. correct the information read back. The
An impartial due process hearing may be re- principal/director/supervisor shall for-
quested at any time to resolve complaints al- ward the form to the appropriate District
leging discrimination on the basis of disability Section 504/ADA coordinator.
regarding a student’s Section 504 identification, If disability discrimination is being al-
evaluation or educational placement in accor- leged against the principal/ director/
dance with the procedure set forth below. supervisor, the form should be filed di-
In addition to the grievance and impartial due rectly with the appropriate District Sec-
process hearing procedures described below, tion 504/ADA coordinator, and the mat-
complaints alleging discrimination on the basis ter shall thereafter proceed as specified
of disability may at any time be submitted to me- in Step 3. If disability discrimination is
diation if agreed to by the complainant and the being alleged against one of the District
appropriate District Section 504/ADA coordina- Section 504/ADA coordinators, the form
tor, and/or may be filed with the United States should be filed with the other District
Department of Education, Office for Civil Rights Section 504/ADA coordinator, and the
(“OCR”). Contact information for the Denver matter shall thereafter proceed as speci-
regional OCR office is: U.S. Department of Educa- fied in Step 3.

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Poudre School District Student Rights & Code of Conduct

Complaints shall not be accepted more the appropriate District Section 504/
than ninety (90) calendar days after the ADA coordinator within ten (10) calen-
alleged discrimination occurred, except dar days after receiving it. The appeal
that extensions may be granted upon a should be in writing and describe with
showing that the complainant was pre- specificity the basis of each point of
vented from timely filing as a result of disagreement with the written deter-
circumstances beyond his/her control. mination. If the complainant is unable
to file the appeal in writing because of a
Step 2: The District Section 504/ADA coordina-
disability or other legitimate reason, the
tor’s designee shall promptly conduct
complainant may have another person
an impartial investigation as necessary
do so or may orally describe the basis
to determine the relevant facts, shall
of each point of disagreement with the
meet with the person(s) alleged to have
written determination to the District
engaged in the discrimination to get
Section 504/ADA coordinator. In the
their account of the matter, and shall
event of an oral appeal, the District Sec-
meet with the complainant to receive
tion 504/ADA coordinator shall docu-
any additional evidence the complain-
ment the information provided, read it
ant may wish to present and to attempt
back to the complainant and give the
to equitably resolve the complaint. At
complainant an opportunity to correct
the conclusion of such investigation and
the information read back.
meeting(s), the District Section 504/
ADA coordinator’s designee shall render Step 4: The District Section 504/ADA coordina-
a written determination regarding the tor shall promptly review the appeal,
complaint and provide a copy to: (a) the conduct further investigation and/or
complainant; (b) the person(s) alleged meet with the complainant as the coor-
to have engaged in the discrimination; dinator deems necessary, and shall ren-
(c) the member of the superintendent’s der a written decision concerning the
cabinet responsible for the school, de- appeal within thirty (30) calendar days
partment or program in which the al- after receipt of the appeal. Copies of the
leged discrimination occurred; and (d) coordinator’s written decision shall be
the appropriate District Section 504/ provided to: (a) the complainant; (b)
ADA coordinator. The designee’s writ- the person(s) alleged to have engaged in
ten determination shall be completed the discrimination; and (c) the member
and provided to the specified individu- of the superintendent’s cabinet respon-
als within thirty (30) calendar days after sible for the school, department or pro-
the District Section 504/ADA coordina- gram in which the alleged discrimina-
tor’s receipt of the complaint. tion occurred.

Step 3: If the complainant is not satisfied with Step 5: If the complainant is not satisfied with
the written determination of the com- the written decision concerning the ap-
plaint rendered by the District Section peal rendered by the District Section
504/ADA coordinator’s designee at 504/ADA coordinator, the complainant
the conclusion of Step 2, the complain- may pursue any remedy or litigation au-
ant may appeal that determination to thorized by law.

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Poudre School District Student Rights & Code of Conduct

■ Impartial Due Process Hearing Upon the director of student services’ receipt of
Procedure an appropriate request for impartial due process
A parent/guardian (or the student, if he/she is hearing, the District shall retain an independent
18 years of age or older) may file a request with hearing officer who is knowledgeable about Sec-
the director of student services for an impartial tion 504 and the ADA. The hearing officer shall
due process hearing to resolve a complaint al- coordinate with the parties to set a date, time and
leging discrimination on the basis of disability place for the hearing within thirty (30) calendar
regarding a student’s section 504 identification, days of the initial request or as soon thereafter as
evaluation or educational placement. The re- reasonably practicable; shall advise the parties in
quest must state with specificity each issue the advance regarding applicable hearing procedures
complainant wishes to have decided through the and rules of evidence; and shall issue any pre-
hearing process, and for each such issue must hearing orders deemed necessary or advisable.
also state the remedy sought by the complainant.
The impartial due process hearing shall be re-
The request for an impartial due process hearing
corded. Each party shall have the right to pres-
must be filed no later than five (5) months after
ent witnesses, documents and other relevant
the last date on which the alleged discrimination
evidence in support of their case. The inde-
occurred, and should be in writing. If the com-
pendent hearing officer shall issue a written
plainant is unable to file the request in writing
decision within ten (10) business days after the
because of a disability or other legitimate reason,
conclusion of the hearing that addresses each of
the complainant may have another person do so
the issues properly submitted. The hearing of-
or may orally state to the director of student ser-
ficer’s decision shall: (a) be confined to matters
vices each issue he/she wishes to have decided
concerning the student’s section 504 identifica-
through the hearing process, and for each such
tion, evaluation or educational placement; (b)
issue the remedy he/she is seeking. In the event
be based solely on relevant evidence introduced
of an oral request for hearing, the director of
at the hearing; (c) include a summary of the rel-
student services shall document the information
evant evidence presented and the reasons for
provided, read it back to the complainant and
the decision rendered; and (d) be provided to
give the complainant an opportunity to correct
all parties to the hearing, including the parents/
the information read back.
guardian of each student. The hearing officer
The complainant and the District each have the may not assess or award attorney fees related to
right to be represented by legal counsel at the the hearing.
impartial due process hearing and in connection
After the independent hearing officer has issued
with any prehearing matters. If the complainant
his/her decision, the recording of the impartial
will be represented by legal counsel at the hear-
due process hearing, all physical and documen-
ing, he or she must notify the District of that fact
tary evidence and all other items comprising the
at the time the hearing is requested. If the Dis-
record of the hearing shall be returned to the
trict will be represented by legal counsel at the
District.
hearing, it must notify the complainant of that
fact within three (3) business days of receiving Within thirty (30) calendar days of receipt of the
the hearing request. Parties who choose to be independent hearing officer’s written decision,
represented by legal counsel shall be responsible either party may seek review of the decision in a
for the payment of all costs and legal fees charged court of competent jurisdiction, as authorized by
by their counsel. law.

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Poudre School District Student Rights & Code of Conduct

Harassment of Students Harassment based on national origin or ances-


try can include unwelcome, hostile or offensive
(JBB)
verbal, written or physical conduct based on
The Board of Education is committed to main- or directed at the characteristics of a student’s
taining a learning environment for students that national origin, such as comments regarding sur-
is free from harassment based on an individual’s names, manner of speaking, customs, language or
race, color, religion, national origin, ancestry, sex, ethnic slurs.
sexual orientation or disability. All such harass-
ment by District employees, authorized volun- Harassment based on sexual orientation can
teers, students and third parties is strictly pro- include unwelcome, hostile or offensive verbal,
hibited. As used in this policy and as defined by written or physical conduct based on or directed
Colorado statute, “sexual orientation” means an at the characteristics of a student’s sexual orien-
individual’s orientation toward heterosexuality, tation, such as name-calling and imitating man-
homosexuality, bisexuality or transgender status, nerisms, and deliberately misusing a transgender
or another individual’s perception thereof. student’s preferred name, form of address or
gender-related pronoun.
Harassment based on race, color, religion, na-
tional origin, ancestry, sex, sexual orientation or Harassment based on disability can include
disability will be regarded as a violation of this unwelcome, hostile or offensive verbal, written
policy when: (1) submission to such conduct is or physical conduct based on or directed at the
made either explicitly or implicitly a term or con- characteristics of a student’s disability condition,
dition of a student’s education; (2) submission to such as imitating manner of speech or move-
or rejection of such conduct is used as the basis ment; hostile or offensive acts; and/or interfer-
for educational decisions affecting the student; ence with movement or access to necessary
or (3) such conduct has the purpose or effect of equipment.
adversely affecting a student’s ability to partici- Sexual harassment of students by District em-
pate in or benefit from District program(s), or of ployees/authorized volunteers includes sexual
creating an intimidating, hostile or offensive edu- advances, requests for sexual favors, and other
cational environment. verbal or physical conduct of a sexual nature.
Harassment based on race or color can include Sexual harassment of students by other students
unwelcome, hostile or offensive verbal, written and third parties includes unwelcome sexual ad-
or physical conduct based on or directed at the vances, requests for sexual favors, and other ver-
characteristics of a student’s race or color, such bal or physical conduct of a sexual nature. Sexual
as nicknames emphasizing stereotypes, racial harassment may occur whether the harassment
slurs and negative references to racial customs. is between people of the same or different gen-
der. Sexual harassment can include unwelcome
Harassment based on religion can include un- oral, written or physical conduct, directed at or
welcome, hostile or offensive verbal, written related to a student’s gender, such as sexual gos-
or physical conduct based on or directed at the sip or personal comments of a sexual nature,
characteristics of a student’s religion or creed, sexually suggestive or foul language, sexual jokes,
such as comments regarding surnames, religious whistling, spreading rumors or lies of a sexual
tradition or religious clothing, as well as religious nature about someone, demanding sexual favors,
slurs and/or graffiti. forcing sexual activity by threat of punishment
or offer of educational reward, obscene graffiti,

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Poudre School District Student Rights & Code of Conduct

display or sending of pornographic pictures or other information shall be forwarded to the


objects, offensive touching, pinching, grabbing, director of student services.
kissing or hugging, or restraining someone’s
• All District employees and authorized vol-
movement in a sexual way.
unteers who witness such harassment shall
All District employees, authorized volunteers take prompt and effective action to stop it,
and students share the responsibility to ensure as prescribed by the District and the build-
that harassment based on race, color, religion, ing principal, and shall promptly report the
national origin, ancestry, sex, sexual orientation harassment to the principal or principal’s
or disability does not occur at any District school, designee for effective action. If the harass-
on any District property, at any District or school- ment is being committed by the principal or
sanctioned activities or events, when students another administrator in the building, the
are being transported in any vehicle dispatched report shall be made to the director of stu-
by the District or one of its schools, or off school dent services.
property when such conduct has a reasonable
connection to school or any District curricular or • Each building principal or principal’s des-
non-curricular activity or event. Toward that end: ignee (or the director of student services, if
necessary or appropriate) shall ensure that
• All students who believe they have been vic- all reports and other information regarding
tims of such harassment shall immediately such harassment are promptly and thor-
report it to an administrator, counselor or oughly investigated, and that effective action
teacher at their school. If the harassment is is taken. If the victim of harassment is a stu-
being committed by the principal or another dent with a disability who has an Individual-
administrator in the building, the report ized Education Program under the Individu-
shall be made to the director of student ser- als with Disabilities Education Act (an “IEP”)
vices. or a Plan under Section 504 of the Rehabili-
tation Act of 1973 (a “Section 504 Plan”), the
• All students who witness such harassment
investigation shall include a determination
shall immediately report it to an administra-
of whether the student’s receipt of a free ap-
tor, counselor or teacher at their school. If
propriate public education (“FAPE”) under
the harassment is being committed by the
the IEP or Section 504 Plan may have been
principal or another administrator in the
affected by the harassment.
building, the report shall be made to the di-
rector of student services. In addition to the foregoing, students should file
complaints of harassment based on disability
• All administrators, counselors, teachers and
in accordance with the procedures specified in
other employees/authorized volunteers who
District Policy ACE and should file complaints of
have such harassment reported to them or
harassment based on all other protected classifi-
otherwise have reason to believe it is occur-
cations in accordance with the procedures speci-
ring shall promptly forward the report(s)
fied in District Regulation AC-R. Such complaints
and/or other information to the principal or
should be filed with the director of student ser-
principal’s designee for appropriate action.
vices, 1630 South Stover Street, Fort Collins, Col-
If the harassment is purportedly being com-
orado 80525, (970) 490-3033. If the director of
mitted by the principal or another adminis-
student services is alleged to be the harasser, the
trator in the building, the report(s) and/or
complaint should be filed with the executive di-

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Poudre School District Student Rights & Code of Conduct

rector of human resources, 2407 LaPorte Avenue, tional services are needed to ensure the student’s
Fort Collins, Colorado 80521, (970) 490-3620. ongoing receipt of FAPE. If different or additional
services are needed, the student’s IEP or Section
School officials shall inform all students who
504 Plan shall be promptly revised and imple-
have reportedly been harassed of the results of
mented.
the District’s investigation and whether action
has been taken with respect to the purported No student shall be subject to adverse treatment
harasser(s). in retaliation for any good faith report of harass-
ment under this policy. To the extent possible, all
Any student who engages in harassment of an-
reports of harassment will be kept confidential.
other student based on the other student’s race,
Upon determining that incidents of harassment
color, religion, national origin, ancestry, sex,
are occurring in particular District settings or
sexual orientation or disability shall be required
activities, the District shall implement measures
to attend a meeting with his or her parent(s) or
designed to remedy the problem in those areas
guardian(s) and the principal or principal’s des-
or activities.
ignee; be subject to remedial action such as edu-
cation or counseling; and be subject to disciplin- The District shall provide counseling resources to
ary action up to and including suspension or ex- student victims where necessary.
pulsion. As set forth in Policy GBAA, Harassment
The District shall train staff members to recog-
of Employees, any District employee who engages
nize and effectively deal with incidents of harass-
in harassment of a student based on the student’s
ment on the basis of race, color, religion, national
race, color, religion, national origin, ancestry, sex,
origin, ancestry, sex, sexual orientation and dis-
sexual orientation or disability, shall be subject
ability.
to remedial action such as training, education or
counseling; as well as disciplinary action includ- The District shall regularly review its compliance
ing but not limited to warning, reprimand, trans- with this policy on the harassment of students
fer, suspension or termination of employment. and take necessary action where deficiencies are
noted.
Remedial and/or disciplinary actions shall
include measures designed to stop the harass-
ment, correct its negative impact on the affected Student Possession and Use
student, and ensure that the harassment does of Personal Communication
not recur. Steps shall also be taken to ensure Devices (JICJ)
that victims of and witnesses to harassment are
protected from retaliation for reporting the ha- As used in this policy, “personal communication
rassment or providing information in connection device” or “PCD” is defined to include all student
with a harassment investigation. cell phones, pagers, iPods, MP3 players, Zunes,
personal digital assistants, cameras, audio and/
If it is determined that a student’s receipt of or video recorders and players, and all other
FAPE under an IEP or Section 504 Plan may have hand-held electronic communication and data
been affected by harassment, the District shall storage devices.
promptly convene the student’s IEP team or Sec-
tion 504 team to determine whether and to what Students may only possess and use PCDs on Dis-
extent: (a) the student’s educational needs have trict property, on a District vehicle, at a District or
changed; (b) the harassment impacted the stu- school-sponsored activity or event, and off Dis-
dent’s receipt of FAPE; and (c) different or addi- trict property when such possession or use has

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Poudre School District Student Rights & Code of Conduct

a reasonable connection to school or any District other location where such use could violate
curricular or non-curricular activity or event, in another person’s reasonable expectation of
accordance with the following rules: privacy, and shall keep PCDs with cameras
and/or video recording capabilities out of
1. Students shall not use PCDs at any time they
sight at all times they are in a bathroom,
are in class or participating in or attending
locker room or other location where such
education-related activities, unless otherwise
PCDs could violate another person’s reason-
expressly authorized by the principal or his/
able expectation of privacy.
her designee.
7. Students shall not use PCDs to send, receive
2. Students shall keep PCDs out of sight at all
or store pornography or sexually oriented
times they are in class and at all times they
images, photographs, videos, or messages in
are participating in or attending education-
written or audio form, that may be reason-
related activities, unless otherwise expressly
ably perceived as having the purpose or ef-
authorized by the principal or his/her desig-
fect of stimulating erotic feelings or appeal-
nee.
ing to prurient interests.
3. Students shall keep PCDs turned off or dor-
8. Students shall not possess or use PCDs in
mant at all times they are in class and at all
any manner that involves a violation of any
times they are participating in or attending
law, District policy or regulation, or estab-
education-related activities, unless otherwise
lished school rules.
expressly authorized by the principal or his/
her designee. In this regard, “dormant” means Rules 1-3 above shall not apply to the extent they
elimination of all vibration alerts, alarms, conflict with a student’s IEP or Section 504 Plan.
ringtones, flashes, and other methods of noti- Rules 1-4 above shall not apply in an emergency
fication of incoming calls or messages. situation affecting a student at school. As used in
this policy, an “emergency situation” is defined
4. Students shall not use PCDs when they are as a situation that threatens loss of life, personal
not in class or when they are not otherwise injury and/or damage to the personal property of
participating in or attending education- the affected student.
related activities if such use disrupts the edu-
cational process, interferes with or disrupts Students who violate any of the foregoing rules
school operations, or interferes with or dis- are subject to one or more of the following conse-
rupts a District or school-sponsored activity quences for each violation:
or event, as determined by the principal or
1. Confiscation of the PCD possessed or used
his/her designees.
in violation of the rules for a period of time
5. Students shall not use PCDs on District ve- to be determined by the principal or his/her
hicles in a manner that may interfere with designee, up to and including the remainder
or disrupt the safe operation of the vehicle, of the school year. The return of confiscated
as determined by District transportation of- PCDs may be conditioned on a meeting be-
ficials or their designees. tween the student’s parent/guardian and
the principal or his/her designee to discuss
6. Students shall not use PCDs with cameras the violation and steps that may be taken to
and/or video recording capabilities at any ensure future compliance with the rules in
time they are in a bathroom, locker room or this policy.

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Poudre School District Student Rights & Code of Conduct

2. Receiving a failing grade with respect to any District. As used in this policy, “personal com-
test or assignment during which the student munication device” or “PCD” includes all District
possessed or used a PCD in violation of the tablets, cameras, audio/video recorders, audio/
rules in this policy. video players, and other hand-held electronic
communication, computing and data storage de-
3. Discipline, including suspension or expulsion vices.
from school.
Students may be issued District laptop computers
4. Referral of the matter to law enforcement au- and/or PCDs to be used at school and away from
thorities when the student’s PCD possession school, which may be conditioned on the pay-
or use may involve a violation of the law. ment of a charge for District insurance covering
such laptop computers and/or PCDs. Intentional
Student Use of District or reckless student acts and omissions that result
Information Technology (JS) in damage or loss of District laptop computers
and/or PCDs may result in loss of the privilege of
Student use of District information technology being issued a District laptop computer and/or
is a privilege, not a right, and is only authorized PCD.
for education-related purposes. Student use of
District information technology shall be in accor- ■ No Expectation of Privacy
dance with this policy, in accordance with govern- Because all student communications and all
ing law and in accordance with other relevant Dis- related documents, data, software and other in-
trict policies and regulations. Each time a student formation stored on District computers and/or
uses a District computer or network, the student PCDs are authorized only for education-related
shall acknowledge the terms and conditions in this purposes as part of the District’s instructional
policy that govern the student’s use of District in- program, students shall have no expectation of
formation technology. privacy with respect to their use of District infor-
Student authorization to use District information mation technology and Internet access. The Dis-
technology may be suspended at any time it is in trict reserves the right at any time and without
the District’s best interest to do so, as determined notice to monitor such use and to inspect, copy,
by the District in its sole discretion. The District review, segregate, store and/or remove any or all
reserves the right to set and revise limits on stu- communications, documents, data, software and
dent network bandwidth usage and e-mail and file other information related to such use.
storage on District computers. Student authoriza- ■ Computer and PCD Security
tion to use District information technology shall
be terminated when the student ceases to be en- Student passwords for logging on to District com-
rolled in a District school or program. puters, and for accessing District computers, e-
mail and the Internet through other means, shall
As used in this policy, “District information tech- be carefully guarded to ensure that they are used
nology” includes District computers, personal only by authorized persons. Students shall not
communication devices (“PCDs”), e-mail and disclose their passwords to anyone besides their
Internet access. As used in this policy, the term parent/guardian, shall not allow another person
“computer” includes all District computers, com- to gain access to District computers, e-mail or the
puter systems and networks, computer hardware Internet through the use of their passwords un-
and associated peripheral equipment, and soft- less expressly authorized by a building technol-
ware purchased, licensed or developed by the

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Poudre School District Student Rights & Code of Conduct

ogy coordinator or District technology support order to help maintain sufficient storage space on
personnel, and shall not use another person’s the District’s system, unless otherwise required by
password to gain access to District computers, e- law or District policy, or dictated by District needs.
mail or the Internet unless expressly authorized
by a building technology coordinator or District ■ Internet
technology support personnel. The executive di- Technology protection measures that block or fil-
rector of information technology shall prescribe ter Internet material that is obscene, child pornog-
requirements for password complexity and for raphy or otherwise harmful to minors, as provided
the period of time a password may remain in ef- by law, shall be utilized on all District computers
fect before needing to be changed. and PCDs through which students may gain In-
ternet access. District employees responsible for
Students shall not leave unattended any com- classes, programs or activities involving student
puter or PCD without first closing all applications Internet access shall instruct the students, prior
through which the District’s confidential student to allowing such access, regarding Internet safety
and/or personnel information may be accessed, and appropriate online behavior. District employ-
and shall not leave a District laptop computer, ees responsible for classes, programs or activities
PCD or other portable technology for which they involving student Internet access shall also as-
are responsible where it can be taken or used sist the students to develop skills to discriminate
without authorization. Students shall password among information sources, to identify informa-
protect their PCDs. tion appropriate to their age and developmental
■ Student Safety levels, and to search, evaluate and use information
appropriate to their educational goals. The Dis-
Students shall not disclose their names or other trict may monitor students’ online activity to ver-
personally identifiable information such as pho- ify that they are safely and appropriately using the
tographs, home addresses or telephone num- Internet. Despite these protections, it is possible
bers in connection with their individual use of that a student might encounter inappropriate ma-
the Internet through District computers and/or terial through Internet access using the District’s
PCDs. Students shall not disclose information computers, PCDs and/or network. If this occurs,
that might allow another person to locate them in the student shall immediately back out of the site
connection with their individual use of the Inter- and notify a responsible District employee.
net through District computers and/or PCDs, and
shall not arrange face-to-face meetings with per- ■ Hardware, Peripherals, Software and
sons individually met on the Internet via e-mail Programs
or through other electronic communications. Students shall not hook up or otherwise attach
■ E-mail any hardware or peripheral equipment to a Dis-
trict computer or PCD unless expressly authorized
After an e-mail is received in a student’s inbox, by a building technology coordinator or District
the student may retain it in the inbox, save it in technology support personnel. Students shall
another folder or delete it. E-mail deleted from not directly or indirectly modify or circumvent
the student’s inbox, saved e-mail folders and sent the operating condition set by the information
items folder remains accessible through the stu- technology department on any District computer
dent’s account in the “deleted items” folder. The or PCD unless expressly authorized by a building
information technology department shall purge technology coordinator or District technology sup-
student e-mail at the end of each school year in port personnel.

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Poudre School District Student Rights & Code of Conduct

■ Prohibited Uses • involves unauthorized use or downloading


of software, files or data;
Students shall not use District information tech-
nology to generate, send, receive or store com- • violates federal, state or local law, including
munications, documents, data, software or other but not limited to criminal law and trade-
information that: mark, copyright or patent law;

• contains sexually oriented content or por- • violates District policy or regulation;


nography, in either written or picture form,
• interferes with the normal operation or use
that may be reasonably perceived as having
of District computers, e-mail or Internet
the purpose or effect of stimulating erotic
access, or otherwise disrupts District opera-
feelings or appealing to prurient interests;
tions;
• directs profanity, obscenities or vulgar lan-
• interferes with a school’s ability to provide
guage toward another person or classifica-
educational opportunities to students.
tion of persons;

• promotes violence or advocates unlawful ■ Consequences for Policy Violation


acts; Students found to be in violation of this policy
shall be subject to consequences that may in-
• concerns the purchase or manufacture of clude the suspension or revocation of use privi-
weapons, controlled substances, or items leges, detention, and suspension or expulsion
that it is not lawful to acquire and/or own; from school.
• harasses, bullies, threatens or promotes vio-
lence against another person or classifica- Choice/Open Enrollment
tion of persons; (JFBA)
• concerns the purchase or sale of goods and/ Poudre School District affirms its commitment to
or services, or any transaction or advertising assume a leadership role in supporting a culture
related to the student’s personal interests or of choice/open enrollment District-wide. The
profit; District’s commitment to choice/open enroll-
ment is grounded in the belief that parents know
• constitutes plagiarism;
the learning style of their children and should
• defames another person or classification of have options from which to choose to meet their
persons; children’s needs.

• violates another person’s confidentiality This policy shall apply only to District choice/
rights, or discloses information regarding open enrollment in kindergarten through 12th
which another person has a reasonable ex- grade. Students residing within the District shall
pectation of privacy; be assigned to attend their neighborhood school
in grades K-12 unless an application for choice/
• involves impersonation or electronic trans- open enrollment is granted, or unless a transfer
mission through an anonymous remailer; is allowed or required. Students residing within
and outside of the District who apply for choice/
• involves unauthorized access to District
open enrollment in grades K-12 shall be allowed
computers, computer files, e-mail accounts,
e-mail files, or Internet sites;

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Poudre School District Student Rights & Code of Conduct

to attend any District school or participate in In the event of overcrowding of facilities at a


any District program of their choice on a space- choice school or program, students who reside
available basis, subject to the provisions of this outside of the District shall be selected for reas-
policy and governing law. As used in this policy, signment at each grade level in reverse chrono-
the term “choice/open enrollment” means par- logical order of their admission. If the facilities
ent/guardian-initiated enrollment of a student remain overcrowded after all students who reside
in a K-12 District school or program other than outside of the District have been reassigned,
the school or program in which the student is students who reside within the District shall be
currently enrolled or to which the student is selected for reassignment at each grade level in
currently assigned (hereinafter referred to as a reverse chronological order of their admission.
“choice school or program”). As used in this pol- A student may only be reassigned as provided in
icy, the term “option school or program” means this paragraph if the student’s parent/guardian is
a K-12 District choice school or program that notified in writing of the reassignment prior to the
does not have a neighborhood attendance area. deadline for first consideration of School Choice
As used in this policy, the term “program” means Applications applicable to the following school
only a District International Baccalaureate (IB) year when the reassignment takes effect. Under
Program, Core Knowledge Program, Expedition- no circumstances shall students be reassigned as
ary Learning Program or Bilingual Program. provided in this paragraph if they reside within
the attendance area of the neighborhood school
■ General Rules where they are enrolled.
All principals shall maintain records of choice/
open enrollments and transfers at their school, as In implementing its choice/open enrollment pol-
well as documentation supporting all grants and icy and applying it in particular circumstances, the
denials of choice/open enrollment applications. District is not required to:
Each principal is responsible for checking 1. Make alterations in the structure of a request-
student enrollment records at his or her school ed school or make alterations to the arrange-
to establish that every student is a resident of the ment or function of rooms within a requested
school’s neighborhood attendance area or has an school.
approved authorization for choice/open enroll-
ment or transfer. 2. Establish and offer any particular program in
a school if such program is not currently of-
Except as otherwise provided under this policy, fered in the school.
students who reside within the District and
who enroll through choice/open enrollment in 3. Alter or waive any established eligibility cri-
any District school or program shall be granted teria for participation in a particular program,
admission for all grades served by the school or including age requirements, course prerequi-
program. Except as otherwise provided under sites, and/or required levels of performance.
this policy, students who reside outside of the
4. Create additional space in the requested
District and who enroll through choice/open en-
school or program by changing resources or
rollment in any District school or program shall
staffing allocations.
be granted admission for each grade served by
the school or program in which space is available, 5. Enroll any nonresident student in any school
as determined each school year by the student’s or program after the pupil enrollment count
order of priority under the Determining Avail- day of the then-current school year.
ability of Space section below.

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Poudre School District Student Rights & Code of Conduct

An application for choice/open enrollment may be 6. The student has graduated from the 12th
denied based on the following criteria: grade of any school or has received a docu-
ment evidencing completion of the equiva-
1. There is a lack of space or teaching staff with-
lent of a secondary curriculum.
in a particular program or school requested.
Space availability shall be contingent upon 7. Enrollment/population projections at a par-
District class size guidelines, subject availabil- ticular school or schools show a substantial
ity, and enrollment projections. The District growth in the attendance area such that
may reserve a reasonable number of spaces overcrowding is considered likely.
for students who move into a school’s neigh-
Approval of a choice/open enrollment applica-
borhood attendance area during the school
tion shall be subject to the following require-
year.
ments:
2. The requested school does not offer appropri-
1. The student must commit and plan to re-
ate programs, or does not have the necessary
main in the school or program of choice for
resources or facilities to meet the student’s
at least the remainder of the school year for
special needs, or does not offer a particular
which the student was admitted.
program requested.
2. A student who wishes to return to his or her
3. The student does not meet the established
neighborhood school, or who wishes to en-
eligibility criteria for participation in a par-
roll in a different choice school or program,
ticular program, including age requirements,
must submit a School Choice Application in
course prerequisites, and required levels of
accordance with this policy.
performance.
3. Approval of choice/open enrollment in a
4. The student has been expelled from any
particular school or program for one child
school district during the preceding 12
in a family does not guarantee that choice/
months, or has engaged in behavior in an-
open enrollment will be approved for any
other school district during the preceding 12
other children in the family to attend that
months that was detrimental to the welfare or
same school or program of choice, except
safety of other students or of school person-
with respect to multiple birth siblings as
nel.
otherwise provided under this policy.
5. The student has been expelled at any time or
4. Determinations regarding availability of
is in the process of being expelled as a habitu-
space, eligibility and acceptance into a
ally disruptive student; or for committing one
choice school or program shall be based on
of the following offenses on school grounds,
each student’s residence as of the first day
in a school vehicle or at a school activity or
of school in the school year in which the
sanctioned event, as provided under state
student wishes to begin attending the re-
law: (a) possession of a dangerous weapon
quested choice school or program.
without the authorization of the school or the
school district; (b) the use, possession or sale
Choice/Open Enrollment
of a drug or controlled substance; and/or (c)
Process
the commission of an act that if committed
by an adult would be robbery, first-degree as- ■ Applications
sault or second-degree assault. School Choice Applications shall be submitted

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Poudre School District Student Rights & Code of Conduct

online through the District’s Internet website, Kindergarten students must register in the school
which may be accessed from computers available serving their neighborhood attendance area
at each of the District’s schools or from any off-site even if an application is pending for their choice/
location. open enrollment or transfer to another school
or program, in order to provide notice allowing
School Choice Applications may not be submitted
the neighborhood school to provide for adequate
before the first day of class at the beginning of the
staffing and other resources to serve those stu-
school year prior to the school year in which a
dents whose applications are denied.
student wishes to begin attending a particular Dis-
trict choice school or program. The deadline for ■ Determining Availability of Space
first consideration of School Choice Applications As soon as possible after the first consideration
for the following school year is the third Friday in deadline, a determination shall be made as to
January. School Choice Applications may be sub- the number of spaces available for the follow-
mitted after the first consideration deadline until ing school year at each grade level served by the
the first day of class at the beginning of the school school or program. This determination shall be
year of requested enrollment. based on the projected enrollment of neighbor-
Except as otherwise provided in this paragraph, a hood students (if applicable) and the availability
parent/guardian shall complete and submit one of programs, space and teaching staff. Unless
School Choice Application for each child in the otherwise provided under this policy, new and
family who is applying for choice/open enroll- currently enrolled students who reside within the
ment. A parent/guardian of multiple birth siblings attendance area of a neighborhood school shall
(i.e., twins, triplets, etc.) may, but is not required be entitled to attend that neighborhood school
to, complete and submit one School Choice Ap- (this provision will obviously not apply to option
plication covering all such siblings. In those cases schools and programs.)
where a parent/guardian elects to complete and For each grade level where the number of choice/
submit one School Choice Application covering open enrollment applicants exceeds the number of
all multiple birth siblings, those siblings shall be spaces available, the determination of space avail-
considered together when determining availability ability for each applicant shall be made based on
of space and eligibility, shall only be admitted to- the following order of priority:
gether and only if space is available for all of them
and each is eligible, and shall be placed on the 1. Students who reside within the attendance
waiting list together if space is not available for all area of the neighborhood school they wish to
of them. attend.

As part of the online application process, the 2. Students who reside within the District and
date and time of the application will be displayed wish to continue attending a choice school
along with a School Choice Application confirma- in which they are currently enrolled, and
tion number. The parent/guardian is strongly students who reside within the District and
encouraged to print and retain this confirmation wish to continue attending a District choice
information because if an application is misplaced program in which they are currently enrolled
or processed incorrectly, the parent’s/guardian’s that spans different grade levels and schools.
confirmation printout may be considered proof
that a School Choice Application was submitted in 3. New student applicants who reside within
a timely manner. the District who are siblings of a student that
is currently enrolled in the school and will be

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Poudre School District Student Rights & Code of Conduct

attending at the same time as the applicant, ■ Determining Eligibility


and who live at the same residence as the With respect to each choice/open enrollment
currently enrolled student. applicant for whom space is available, eligibility
4. New student applicants who reside within shall be determined based on the considerations
the District and whose parent/guardian is specified within the General Rules set forth
employed at the school. above.

5. New student applicants who reside within Eligibility determinations under the General
Rules regarding students with disabilities shall
the District and are not siblings of a cur-
be considered, when space is available, in accor-
rently enrolled student living at the same
dance with applicable state and federal laws. The
residence or the child of a school employee.
student’s current IEP or Section 504 Plan shall
6. Students who reside outside of the District be used to determine if the requested school or
and wish to continue attending a choice program will appropriately meet the student’s
school in which they are currently enrolled, needs with or without legally required accom-
and students who reside outside of the modations. If the student is admitted, the District
District and wish to continue attending a may require a staffing to update the student’s
District choice program in which they are IEP or Section 504 Plan. The enrollment of every
currently enrolled that spans different grade student with disabilities who resides outside of
levels and schools Poudre School District is also contingent upon
the student’s school district of residence enter-
7. New student applicants who reside outside ing into a written contract with Poudre School
of the District who are siblings of a student District for the payment of tuition to cover excess
that is currently enrolled in the school and costs incurred in educating the student, as autho-
will be attending at the same time as the ap- rized by law. The tuition charge shall be deter-
plicant, and who live at the same residence mined pursuant to guidelines developed by the
as the currently enrolled student. Colorado Department of Education in accordance
8. New student applicants who reside outside with applicable
of the District and whose parent/guardian is provisions of the Exceptional Children’s Educa-
employed at the school. tional Act.

9. New student applicants who reside outside Whenever a choice/open enrollment applicant is
of the District and are not siblings of a cur- determined not to be eligible to fill an available
rently enrolled student living at the same space, the next applicant in order of priority shall
residence or the child of a school employee. be evaluated for eligibility.

If the number of choice/open enrollment ap- ■ Acceptance


plicants exceeds the number of spaces available As soon as possible after eligibility determina-
within any of the foregoing priority levels at any tions have been made regarding the applicants
grade level, the order of priority within that level for whom space is available in their school or
shall be determined by lot. program of choice, the applicants and their par-
ents/guardians shall be notified in writing of the
grant or denial of their applications for choice/
open enrollment. Applicants who are notified of

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Poudre School District Student Rights & Code of Conduct

their acceptance may choose not to enroll in the or program to which they have applied shall be
choice school or program at that time, in which placed on the in-District waiting list or out-of-
case they shall be placed on the appropriate wait- District waiting list, depending on the location of
ing list if they so request. For each accepted ap- their residence, in accordance with their order of
plicant who chooses not to enroll, the next eligible priority under the Determining Availability of
applicant in order of priority shall be notified of Space section above.
his or her acceptance.
In-District and out-of-District waiting lists
The District reserves the right to rescind and/or shall be continually adjusted to ensure that the
amend any or all choice/open enrollments, includ- students thereon are in the order of priority
ing the reassignment of choice/open-enrolled specified under the Determining Availability of
students to their neighborhood schools or to other Space section above. When making such adjust-
choice schools or programs with available space, if ments, the order of students within each priority
it determines that: (1) the choice/open enrollment level shall be determined by their length of time
was obtained through misrepresentation or non- on the waiting list.
disclosure of a material fact, or a representation
Whenever space becomes available in the grade
in the application process that is otherwise deter-
level of an elementary choice school or program
mined to be inaccurate; (2) there is overcrowding
that has a waiting list, applicants shall be con-
of facilities in the choice school or program; (3) the
sidered for acceptance at that time in order of
choice school discontinues a particular program;
their placement on the waiting list based on the
(4) the choice school or program cannot continue
considerations specified within the Determin-
to meet the special needs of the student; (5) the
ing Eligibility and Acceptance sections above,
student no longer satisfies the eligibility criteria or
with students on the out-of-District waiting list
level of performance required by the choice school
considered only if there are no students on the
or program; or (6) for other reasons authorized
in-District waiting list for the same grade level.
by law and considered by the District to be in the
Whenever space becomes available in the grade
best interest of the student and/or the school or
level of a secondary choice school or program
program.
that has a waiting list, applicants shall be con-
■ Waiting List sidered for acceptance at the beginning of the
next semester in order of their placement on the
Choice/open enrollment applicants who have sub-
waiting list based on the considerations specified
mitted applications before the first consideration
within the Determining Eligibility and Accep-
deadline and who are notified that space is not
tance sections above, with students on the out-
available in the grade level of the choice school
of-District waiting list considered only if there
or program to which they have applied shall be
are no students on the in-District waiting list for
placed on an in-District waiting list or out-of-Dis-
the same grade level. In lieu of consideration for
trict waiting list, depending on the location of their
acceptance when space becomes available, ap-
residence, in accordance with their previously de-
plicants may choose to remain on the waiting list.
termined order of priority under the Determining
For each such applicant who chooses to remain
Availability of Space section above.
on the waiting list, the next applicant on the wait-
Choice/open enrollment applicants who have sub- ing list shall be considered for acceptance.
mitted applications after the first consideration
Until they are considered for acceptance, stu-
deadline and who are notified that space is not
dents shall remain on their respective waiting
available in the grade level of the choice school

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Poudre School District Student Rights & Code of Conduct

lists for each year they are eligible to attend the 3. When school attendance boundaries are
choice school or program to which they have ap- changed, special provisions may be made by
plied, but only if they provide written notice on the District that shall take precedence over
or before the first consideration deadline each all other provisions of this policy.
year that they wish to remain on the waiting list
to be considered for admission the following ■ Transportation
school year. Students may be required to furnish their own
transportation to the choice school or program in
■ Transfers which they are enrolled, unless it is determined
Students may be allowed or required to transfer that transportation is necessary for the District
out of their neighborhood school or the choice to comply with the requirements of state and
school or program in which they are currently federal law, including state and federal laws con-
enrolled. The transfer process may not, however, cerning homeless students and students with
be used to accomplish choice/open enrollment disabilities.
when a School Choice Application was not sub-
mitted in a timely manner, when choice/open ■ Athletics
enrollment procedures were otherwise not prop- Eligibility for participation in interscholastic
erly followed, or when a School Choice Applica- athletics will be determined in accordance with
tion was denied. the rules of the Colorado High School Activities
Association.
The District may initiate student transfers au-
thorized under this policy. Also under this policy, ■ Nondiscrimination
parents/guardians may submit applications for In implementing this policy, the District and its
transfer to the principal of the school they would employees shall not discriminate on the basis of
like the student to attend, with a copy to the as- race, color, religion, national origin, ancestry, sex,
sistant superintendent of elementary schools sexual orientation or disability.
or the assistant superintendent of secondary
schools, as appropriate. Such transfers will be ■ Appeals
evaluated on a case-by-case basis and must be Appeals regarding the application of this policy
approved by an assistant superintendent. Cir- with respect to any student shall be made to the
cumstances under which a transfer may be al- superintendent, and the superintendent’s deci-
lowed or required include, but are not limited to, sion and order (if any) shall be final.
the following:

1. Special circumstances or other good cause Public Concerns/Complaints


affecting the education and/or welfare of About Instructional
the transferring student or other students or
Resources (KEC)
staff members make it necessary or advis-
able to allow or require the transfer. Educational materials which may be deemed by
some as objectionable may be considered by oth-
2. When a parent or guardian has a home un- ers as having sound educational value or worth.
der construction or is in the process of pur- Any concerned District resident or employee of
chasing a home, the student may be allowed the District may request reconsideration of edu-
to transfer to the school serving the neigh- cational materials; however, the challenged mate-
borhood in which the new home is located. rial will not be removed from circulation while

Page 75
Poudre School District Student Rights & Code of Conduct

the District’s reconsideration process occurs. The vided by the District, after which a hearing
rights of students, parents, and teachers shall shall be held involving the complainant, the
be respected. If complaints arise regarding edu- media specialist or classroom teacher, the
cational materials, subject matter, or programs principal or other administrators, and other
aired on the District’s television station(s), they appropriate parties. Every reasonable effort
shall be handled by a fair and orderly process shall be made to settle the matter at this
within a reasonable period of time. District per- level.
sonnel or the Board of Education, individually or
collectively, who receive complaints shall not give 6. If further consideration is necessary, the
formal consideration to such complaints until complaint shall be referred to the executive
they have been addressed in the following man- director of student achievement and profes-
ner: sional development, and a decision shall be
made as to whether temporary restrictions
1. If the complaint is lodged directly with the shall be placed on the use of the materials
media specialist or a classroom teacher, an or subject matter pending resolution of the
immediate dialogue between the teacher concern.
and the complainant is encouraged with the
hope that the concern may be resolved at 7. The executive director of student achieve-
that level with no further action necessary. ment and professional development shall
select and chair a committee including ap-
2. If the complaint is lodged with other than propriate representation of teachers, admin-
the media specialist or classroom teacher istrators, media specialists, and parents or
or an administrator, the matter shall be re- other citizens. This committee shall hear all
ferred immediately to the media specialist parties involved in the complaint and render
or classroom teacher and the building prin- to the complainant its decision in writing
cipal. within 10 school days following the hearing.

3. The first effort of a principal or other admin- 8. The complainant shall be informed that any
istrator in dealing with a complaint shall be further consideration of the matter shall re-
to allow the media specialist or classroom quire arrangement with the superintendent,
teacher involved to seek resolution of the who will make final determination.
concern with or without the involvement of
the principal as circumstances may indicate. Textbooks or supplementary text materials pre-
viously approved by the Board shall not be in-
4. The District Media and Technology Support cluded in these procedures but shall be referred
Center shall be notified of all requests for to the appropriate instructional improvement
reconsideration regarding educational ma- committee which shall make recommendations
terials and may assist the media specialist or through the action review committee to the
classroom teacher and/or principal by pro- Board concerning their continued use.
viding review and selection information.

5. If attempts at informal resolution of the


complaint are unsuccessful, the complainant
shall fill out the reconsideration form pro-

Page 76
Poudre School District Student Rights & Code of Conduct

Public Concerns/Complaints Form (KEC-E)


(Must be filed within 60 days of incident)

School or site location of incident(s):____________________________________________________________________________________

Date(s) of incident(s): _____________________________________________________________________________________________________

Description of your concern (attach information where necessary–please sign your name on all attachments):
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________

Outcome you are requesting: _____________________________________________________________________________________________


______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________

Name: ________________________________________________ Telephone number: ________________________________

Address: ____________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________

(Administrator) has reviewed your concern. The following action has been taken: _________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________

Date: ___________________________________ Administrator Signature:_______________________________________________________

Return to:

Office of School Services


Johannsen Support Services Center, 2407 LaPorte Avenue, Ft. Collins, CO 80521

6/25/12

Page 77
Poudre School District Student Rights & Code of Conduct

Visitors to Schools (KI) school services, requests by individuals who


are not District employees to observe class-
All visitors to Poudre School District schools shall rooms or other areas of the school where
be subject to the terms of this policy. Failure to education-related activities are in progress
comply with the terms of this policy may result shall only be approved for: (a) the parents/
in the denial or withdrawal of the visitor’s autho- guardian of a student in the classroom or
rization to visit the school, and/or referral of the area being visited; (b) relatives of a student
matter to law enforcement. in the classroom or area being visited; and
1. As used in this policy, “visitor” includes any (c) other visitors authorized by the student’s
person who is not a member of the student parents/guardian whose observation is
body and who is not a member of the regular reasonably necessary for the student’s ben-
school staff, and who comes upon school efit, as determined by the District or school.
grounds and/or enters a school building. With respect to such requested observa-
tions:
2. School visitation by District employees who
are not members of the regular school staff • No more than three (3) visitors shall be
shall occur as determined by the District to approved to observe at any one time,
be necessary or advisable. except in unusual circumstances as au-
thorized by the appropriate assistant
3. School visitation by individuals who are not superintendent of school services.
District employees is a privilege, not a right,
which may be limited, denied or revoked by • Visitors approved to observe shall not
the District, principal, or principal’s desig- interfere, distract or otherwise disrupt
nee based on considerations of student and/ the education-related activities.
or staff safety, efficient school operations, • Approved observations by all visitors
maintenance of a proper educational envi- concerning a particular student shall be
ronment, or failure to comply with the terms considered in the aggregate and shall
of this policy. be limited to the period of time one (1)
4. The District or school may authorize individ- day per week established by District or
uals who are not District employees to visit school rules, except in unusual circum-
a school and/or to observe or participate in stances as authorized by the appropriate
school activities, including but not limited to assistant superintendent of school ser-
education-related activities, as deemed by vices.
the District or school to be necessary, appro- 6. All visitors to school buildings must enter
priate or in the best interest of the District, only through designated doors and report
the school, and/or one or more students or directly to the school office immediately
staff members at the school. The time(s) upon entering the building.
and duration(s) of such visits shall be deter-
mined by the District or school. 7. Upon reporting to the office all visitors must
state their business to a school official, who
5. Notwithstanding the terms of paragraph 4 may request any confirmation of the visi-
above and unless otherwise authorized by tor’s identity or business, documentation, or
the appropriate assistant superintendent of other information the official deems neces-

Page 78
Poudre School District Student Rights & Code of Conduct

sary in the interest of securing the safe and to sign in and out; (b) may be required to
efficient operation of the school. If the visi- wear an identification badge, which must be
tor is deemed to have legitimate business prominently displayed at all times the visitor
at the school, he or she may be authorized is at the school and which must be returned
access to those parts of the school building before the visitor leaves the school; and (c)
and grounds necessary for that business. In may be required to be accompanied by a Dis-
such cases, the visitor: (a) may be required trict employee for some or all of the visit.

Notes:

Page 79
Mission
Educate...Every Child, Every Day

Vision
Poudre School District exists to support
and inspire every child to think, to learn,
to care, and to graduate prepared to be
successful in a changing world.

Poudre School District


2407 LaPorte Avenue • Fort Collins, CO 80521
(970) 482-7420
e-mail: info@psdschools.org • www.psdschools.org

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