Article IV Students

ARTICLE IV.     STUDENTS

Section 1.        Enrollment:  Eligible Students.

Except as set forth below, enrollment in the District shall be limited to those students who are residents of the District or are required by Michigan or federal law to be admitted to school in the District.  The Superintendent shall implement administrative guidelines in accordance with the requirements of this section and Section 2, below.

Section 2.        Enrollment:  Non-Resident Students.

Students who are not residents of the District or otherwise required by law to be admitted to school in the District may enroll in the District under the circumstances described below.  Decisions with respect to the enrollment of non-resident students shall be made on a non-discriminatory basis. 

Schools of Choice Students:   The Board may elect to enroll students in the District under MCL §388.1705 and/or .1705c.

Foreign Exchange Students:   The Superintendent may develop and administer a program for the enrollment of foreign exchange students.

Children of Staff Members:    A child of a District employee who works on a half-time (.5) or greater basis may enroll in the District, in accordance with the provisions of MCL §388.1606(6)(j), under regulations to be established by the Superintendent.

Homeless Students:    The District shall comply with the requirements of federal law, particularly the McKinney-Vento Homeless Assistance Act, with respect to the enrollment of homeless students.  The Superintendent shall appoint a central office administrator to act as the District’s liaison with homeless students and their parents or guardians and to coordinate with state and local officials. 

A student who is in Foster Care:  If a child who is under probate court jurisdiction and/or is under the care and responsibility of a child welfare agency is placed in foster care, the child will be permitted to enroll in and attend the appropriate grade in the school selected by the department of human services or a child placing agency without regard to whether or not the child is residing in the district.

Section 3.        Enrollment:  Entrance Age.

Unless otherwise provided by law, a child who is a resident or otherwise entitled to attend school in the District may enroll in the District if he or she is less than twenty (20) years on September 1st of the school year of enrollment.  A child who is a resident or otherwise entitled to attend school in the District may enroll in kindergarten if the child is at least five (5) years of age on September 1st of the school year of enrollment, or under the early enrollment provisions of MCL §380.1147.  Extended age eligibility may apply to certain students qualifying for special education services.  The student’s birth certificate or other legal documentation of the student's age is required at the time of registration. 

Section 4.        School Attendance Areas.

The Board will periodically establish school attendance areas within the District, and students will ordinarily be required to attend the school in whose attendance area they reside.  The Superintendent may assign a student to a school other than that designated by the attendance area when such assignment is justified by circumstances and is in the best interest of the student.  The Superintendent shall establish a procedure for in-district transfers of students.

Section 5.        Student Behavior:  Governing Principles. 

In support of providing educational opportunity, the District strives to create a school environment that cultivates the development of knowledgeable, responsible and caring citizens.  To create and maintain such an environment, respect for the rights of others, considerations of their privileges, and cooperative citizenship is expected of all members of the school community.  When a student infringes upon others’ education, it becomes the duty of the District to discipline this student and restore the conditions that promote learning for all students.  In disciplining students and regulating their conduct, the District strives to assure that guidelines and consequences are appropriate and proportionate in nature, consistent with applicable law, constructive and limited to that reasonably necessary in the judgment of Administration to promote the District’s educational objectives.

Section 6.        Student Code of Conduct.

The Superintendent shall develop and implement, and shall publish to all students and their parents, a Student Code of Conduct consistent with these principles. 

Section 7.        Levels of Discipline.

The Board recognizes that exclusion from the educational programs of the District for disciplinary purposes is a serious sanction.  The following levels of discipline are permitted in the District. 

Emergency Removal:              A student may be removed from any class, subject, or activity for up to one (1) day by the student’s teacher for certain conduct as specified in the Student Code of Conduct pursuant to MCL §380.1309.  A student so removed will be allowed to attend other classes taught by other teachers during the term of the one (1) day removal. 

Suspension:     The Superintendent, the Superintendent’s designee, or a building administrator may suspend a student for a period of up to sixty (60) days.  Ordinarily a suspension will be imposed by a building administrator. An appeal process shall be described in the Student Code of Conduct. 

Expulsion of 180 days or Less:  The Superintendent, the Superintendent’s designee, or a building administrator may expel a student for not less than 61 days nor more than 180 days.  Ordinarily an expulsion will be imposed by a building administrator.  An appeal process shall be described in the Student Code of Conduct.

Permanent Expulsion or Expulsion of Greater Than 180 Days:  Only the Superintendent or the Superintendent’s designee may permanently expel a student or expel a student for greater than 180 days.  An appeal process is described in this policy.

Removal of a Student From School Pending Investigation or Provision of Due Process.  When an administrator deems it necessary, the administrator may remove from school a student charged with, suspected of committing, or suspected of being involved in, an infraction or incident, for a reasonable period of time necessary:

1.    to complete the investigation of an alleged infraction or incident, or

2.    to defuse a situation that could become worse without such removal, or

3.    in unusual circumstances, to permit the student to be accorded due process, as defined in this policy, which shall be accorded as soon as possible thereafter, or

4.    for other reason(s) as renders such a removal in the best interests of a particular student, a school, its students, or its staff.

Such a removal shall not constitute disciplinary action, although the infraction or incident may result in disciplinary action.  If the infraction or incident that has prompted removal results in discipline, the time during which the student has been removed from school shall be credited to any disciplinary time imposed.

Section 8.        Due Process.

The Board recognizes the importance of safeguarding a student’s constitutional rights, particularly when subject to the District’s disciplinary procedures.  The due process to be accorded students is as follows:  

Students subject to suspensions greater than 10 days or expulsions of 180 days or less.  Except in emergency situations, prior to the implementation of a suspension or expulsion a student must be given oral or written notice of the charges against him or her, a summary of the evidence supporting the charges, and, if the student denies the charges,  the opportunity to be heard and to respond to the charges.  When such suspension or expulsion has occurred, notice and opportunity to respond shall occur as soon as reasonably possible.  The building administrator shall provide the student an opportunity to be heard and shall be responsible for making the suspension decision.

Students subject to permanent expulsion or expulsion greater than 180 days.  Prior to the imposition of a permanent expulsion or an expulsion of greater than 180 days, a student and the student’s parent or guardian must be given written notice of the intention to permanently expel or expel for more than 180 days, a summary of the evidence supporting the expulsion, and notice that the Superintendent or designee shall conduct a hearing to determine whether to accept the recommendation for expulsion.  The student and the student’s parent or guardian must also be provided a brief description of the student’s rights and of the hearing procedure.  The Superintendent shall establish guidelines in the Student Code of Conduct governing the procedure to be followed in the hearing to determine whether the expulsion shall be implemented.

Section 9.        Considerations Prior to Imposition of Discipline.

In accordance with state law, and except as specifically provided in this policy, before a student may be suspended, expelled or permanently expelled, the District administrators making the disciplinary decision shall consider each of the following factors:

1.    the student’s age;

2.    the student’s disciplinary history;

3.    whether the student is a student with a disability;

4.    the seriousness of the violation or behavior committed by the student;

5.    whether the violation or behavior committed by the student threatened the safety of any student or staff member;

6.    whether restorative practices will be used to address the violation or behavior committed by the student; and

7.    whether a lesser intervention would properly address the violation or behavior committed by the student.

The fact that consideration of these factors has occurred shall be documented in the record of the disciplinary decision.  The Superintendent shall develop an appropriate checklist to be used to document consideration of these factors.

Whether student misconduct shall result in discipline, and the level of discipline to be imposed, shall be within the discretion of the Superintendent and designees, including administration of the respective school buildings.  In the exercise of this discretion, there is a rebuttable presumption that a suspension, expulsion or permanent expulsion is not justified unless administration can demonstrate that it considered each of the factors listed above.  The obligation to consider these factors shall not apply to a student being permanently expelled under state law for possessing a firearm in a weapon-free school zone.   

The District shall consider using restorative practices as an alternative or in addition to suspension or expulsion of a student.  The obligation to consider restorative practices shall not apply to a mandatory permanent expulsion for possession of a firearm in a weapon-free school zone.   “Restorative practices” means practices that emphasize repairing the harm to the victim and the school community caused by a student’s misconduct.  The Superintendent shall establish procedures for the use of restorative practices within the District.

Section 10.      Appeal of the Imposition of Discipline.

A student may appeal a suspension greater than 10 days or an expulsion of 180 days or less to the Superintendent or designee.  The Student Code of Conduct shall identify the process to be used for such appeals.  The decision of the Superintendent or designee shall be final.

A student may appeal a permanent expulsion or an expulsion of greater than 180 days to the Board of Education in accordance with the following procedures:

A.   Such expulsion may be appealed to the Board by the student or parent by filing with the Superintendent's office a written request for appeal within fifteen (15) school days after mailing of the notice of such expulsion.  The Board shall hear the appeal within a reasonable time at a special meeting called for such purpose.  If no such appeal is timely requested, the expulsion shall be deemed final.

B.    Upon receipt of an appeal to the Board, the Superintendent shall provide the student or parent with a written notice that appeals to the Board shall be conducted in accordance with the rules and procedures described below.

C.    The principal, Board attorney, and any other resource persons that the Board President deems appropriate may be present at the Board hearing.  Only members of the Board shall have a vote in determining the appeal.

D.   Pursuant to the Open Meetings Act, the hearing before the Board shall be closed to the public at the request of the student or parent(s).

E.    Although a hearing to consider the appeal of a permanent expulsion or expulsion greater than 180 days is subject to due process and may have some similarities to a court proceeding, it is not conducted in a court of law and court rules are not applicable.  The Board President or presiding officer shall determine any procedural questions that arise during the hearing. 

F.    At the hearing, the principal or other administrator shall first present to the Board the facts of the case and the basis for the discipline. Thereafter, the student (and/or the student's representative and parent(s)) may comment upon the facts as stated by the principal, and may present the basis of the appeal. Board members and other participants in the hearing may ask questions of witnesses.     

G.   The Board may:

1.    set aside the expulsion and reinstate the student with or without any limiting conditions;

2.    reduce the expulsion to a suspension or expulsion of 180 days or less with any conditions the Board deems advisable, or remand the matter to the Superintendent to impose a consequence less than permanent expulsion; or

3.    affirm the expulsion.

H.   The Board shall decide the appeal within a reasonable time.  The Board Secretary shall promptly notify the appealing party of the Board's decision in writing.  The Board’s decision shall be final.

Section 11.      Reinstatement Following Permanent Expulsion.

A student who has been permanently expelled from school in the District may apply for reinstatement in accordance with the following guidelines:

A.   If the student is in grade 5 or below at the time of the permanent expulsion, the parents or legal guardian may submit a request for reinstatement after sixty (60) school days from the date of expulsion, but the student may not be reinstated before ninety (90) school days from the expulsion date.

B.    If the student is in grade 6 or above at the time of the permanent expulsion, the parents, legal guardian, the adult student, or the emancipated minor may submit a request for reinstatement after 150 school days from the date of the expulsion, but the student may not be reinstated before 180 school days from the expulsion date.

C.    The Superintendent or designee shall, within ten (10) school days after receiving the  request, submit the request together with any other information he or she deems pertinent to the requested reinstatement, to a Board-appointed committee consisting of two (2) Board members, a District administrator, a teacher, and a parent of a District student.

D.   The committee shall, within ten (10) school days after being appointed, review all pertinent information, and submit its recommendation to the Board. The recommendation may be for unconditional reinstatement, conditional reinstatement, or non-reinstatement, based on the committee's consideration of:

1.    the extent to which reinstatement would create a risk of harm to students or school personnel;

2.    the extent to which reinstatement would create a risk of District or individual liability for the Board or District personnel;

3.    the age and maturity of the student;

4.    the student's school record before the expulsion incident;

5.    the student's attitude concerning the expulsion incident;

6.    the student's behavior since the expulsion and the prospects for remediation;

7.    if the request was filed by a parent, the degree of cooperation and support the parent has provided and will provide if the student is reinstated, including, but not limited to the parent's receptiveness toward possible conditions placed on the reinstatement. Such conditions may, as an example, include a written agreement by the student and/or a parent who filed the reinstatement request to:

a.     abide by a behavior contract which may involve the student, his/her parents, and an outside agency;

b.    participate in an anger management program or other counseling activities;

c.     cooperate in processing and discussing periodic progress reviews;

d.    meet other conditions deemed appropriate by the committee;

e.     accept the consequences for not fulfilling the agreed-upon conditions.

The committee may also allow the parent, adult student, or emancipated minor to propose conditions as part of the request for reinstatement.

E.    In the event a student who has been permanently expelled from another school district requests admission to this District, the Board shall, in making its decision, rely upon the recommendation of the Superintendent.

F.    The Board may:

1.    set aside the expulsion and reinstate the student with or without any limiting conditions;

2.    reduce the expulsion to a suspension or expulsion of 180 days or less with any conditions the Board deems advisable under the circumstances;

3.    affirm the expulsion.

G.   The Board shall make its decision no later than the next regular Board meeting following the committee's submission of its recommendations. The Board's decision shall be final and not subject to appeal.

Section 12.      Student Discrimination and Harassment.

The District is committed to maintaining a learning environment in which all individuals are treated with dignity and respect, free from discrimination and harassment.  The District shall not discriminate on the basis of race, color, national origin, sex [Optional: including sexual orientation or sexual identity], age, religion, height, weight, marital or family status, disability, military status, genetic information, or any other legally protected category in its programs and activities, including employment.  Sexual harassment (see specific requirements below) is a form of sex discrimination, and shall likewise not be permitted with respect to students or employees.  The District shall not retaliate against a person who reports or opposes improper discrimination or retaliation.  The District shall fully comply with all applicable federal and state civil rights statutes.  Discrimination, retaliation and harassment are prohibited whether occurring at school, on District property, in a District vehicle, or at any District-related activity or event.

The Superintendent shall designate not less than two compliance officers responsible for coordinating the District’s compliance with applicable federal and state laws and regulations, and for investigating reports of discrimination or harassment.  The Superintendent shall ensure that all required notices under the civil rights or other laws are provided to staff members.   

A student who believes he or she has been or is the victim of discrimination or harassment should immediately report the situation to a teacher, counselor, social worker, the building principal or assistant principal, or the Superintendent. A staff member who observes, has knowledge of, or learns that a student has been or is the victim of discrimination or harassment shall immediately report the situation to the building principal or assistant principal or the Superintendent. Complaints against the building principal should be filed with the Superintendent.  Complaints against the Superintendent should be filed with the Board President.

The Superintendent shall develop and implement administrative guidelines to enforce this policy.

Sexual Harassment

“Sexual Harassment” is defined as conduct on the basis of sex that satisfies one or more of the following:

  1. An employee of the District conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct (i.e. quid pro quo sexual harassment);
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the District’s education programs or activities; or
  3. Sexual assault (as defined in the Clery Act, 20 U.S.C. §1092(f)(6)(a)(v)), dating violence, domestic violence or stalking (as defined in the Violence Against Women Act, 34 U.S.C. §12291(a)).

The District shall not retaliate against a person who reports or opposes sexual harassment.  The District shall fully comply with Title IX of the Civil Rights Act of 1964 and the accompanying regulations. 

The Superintendent shall designate not less than two Title IX Coordinators responsible for coordinating the District’s compliance with Title IX and its regulations, and for investigating reports of sexual harassment.     

A student who believes he or she has been or is the victim of sexual harassment should immediately report the situation to a teacher, counselor, social worker, the building principal or assistant principal, the Superintendent, or a Title IX Coordinator.  A District employee who observes, has knowledge of, or learns that a student has been or is the victim of sexual harassment shall immediately report the situation to the building principal or assistant principal, Superintendent or Title IX Coordinator. Complaints against the building principal should be filed with the Superintendent or Title IX Coordinator.  Complaints against the Superintendent should be filed with the Board President or Title IX Coordinator.

The Superintendent shall develop and implement as an administrative guideline a Title IX Grievance Procedure.

Section 13.      Bullying.

It is the policy of the District to provide a safe and nurturing environment for all of its students. Appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment or bullying is expected of students, as well as administrators, faculty, staff, visitors, and volunteers.

Bullying and Cyberbullying are Prohibited

Bullying and cyberbullying of a student, whether by other students, staff, visitors, Board members, parents, guests, contractors, vendors, and volunteers, is prohibited. All students are protected under this policy, and bullying and cyberbullying are prohibited without regard to their subject matter or motivating animus.

Definitions

"Bullying" means any written, verbal, or physical act, or any electronic communication, but not limited to, cyberbullying, that is intended or that a reasonable person would know is likely to harm one (1) or more students either directly or indirectly by doing any of the following:

A.        Substantially interfering with educational opportunities, benefits, or programs of one (1) or more students.

B.        Adversely affecting the ability of a pupil to participate in or benefit from the District’s or school’s educational programs or activities by placing the student in reasonable fear of physical harm or by causing substantial emotional distress.

C.        Having an actual and substantial detrimental effect on a student’s physical or mental health.

D.        Causing substantial disruption in, or substantial interference with, the orderly operation of the school.

"Cyberbullying" means any electronic communication that is intended or that a reasonable person would know is likely to harm one (1) or more students either directly or indirectly by doing any of the following:

A.        Substantially interfering with educational opportunities, benefits, or programs of one (1) or more students.

B.        Adversely affecting the ability of a student to participate in or benefit from the District’s or school’s educational programs or activities by placing the student in reasonable fear of physical harm or by causing substantial emotional distress.

C.        Having an actual and substantial detrimental effect on a student’s physical or mental health.

D.        Causing substantial disruption in, or substantial interference with, the orderly operation of the school.

Since "bullying" also includes "cyberbullying", any reference in this policy to "bullying" shall also be deemed to refer to "cyberbullying."

Bullying and cyberbullying are prohibited at school. "At school" is defined as on school premises, at school-sponsored activities or events, in a school-related vehicle, or using a telecommunications access device or a telecommunications service provider if the telecommunications access device or telecommunications service provider is owned by or under the control of the School District. "Telecommunications access device" and "telecommunications service provider" mean those terms as defined in MCL §750.219a.

Bullying and cyberbullying that does not occur "at school," as defined above, but that causes a substantial disruption to the educational environment, may be subject to disciplinary action in accordance with this policy and applicable law.

Reporting and Investigating Reports of Bullying

Every student is encouraged to promptly report any situation that he or she believes to be bullying behavior directed toward himself/herself or another student to a teacher, a counselor, a building principal, or an assistant principal.  Staff members shall report any reports made by students or situations that they believe to be bullying behavior directed toward a student to the building principal.  Complaints against the building principal shall be reported to the Superintendent.  Complaints against the Superintendent shall be reported to the Board President.

Under State law, a school employee, school volunteer, student, or parent or guardian who promptly reports in good faith an act of bullying to the appropriate school official designated in this policy and who makes this report in compliance with the procedures set forth in this policy is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the reported incident.  This immunity does not apply to a school official who is responsible for implementing this policy or for remedying the bullying, when acting in that capacity.

Retaliation or false accusation against a target of bullying, a witness, or another person with information about an act of bullying is prohibited.  Suspected retaliation should be reported in the same manner as suspected bullying behavior. Making intentionally false accusations of bullying is likewise prohibited. Retaliation and making intentionally false accusations of bullying may result in disciplinary action up to and including expulsion.

All complaints about bullying that may violate this policy shall be promptly investigated and documented.  The building principal or the principal’s designee is responsible for the investigation.  If the investigation results in a finding that bullying has occurred, it shall result in prompt and appropriate disciplinary action, up to and including expulsion for students, up to and including discharge for employees, and up to and including exclusion from school property for parents, guests, volunteers, and contractors.  Individuals may also be referred to law enforcement officials.

Where the investigation results in a finding that bullying has occurred, both the parent or legal guardian of a victim of bullying and the parent or legal guardian of a perpetrator of the bullying shall be notified promptly in writing.  In addition, administrators investigating alleged bullying may notify parents of the victim or perpetrator of bullying sooner than the conclusion of the investigation if circumstances dictate such earlier notification.

Each school shall document any prohibited incident that is reported and shall document all verified incidents of bullying and the resulting consequences, including the required notification of parents or guardians and any discipline and referrals.

The Superintendent is the school official responsible for ensuring that the policy is implemented.

Confidentiality

The District will comply with all applicable laws regarding confidentiality of personally identifiable information from education records.  In addition, the identity of an individual who reports an act of bullying or cyberbullying shall be and remain confidential.  The principal, or the principal’s designee, shall ensure that the name of an individual who reports an act of bullying or cyberbullying is withheld from the alleged perpetrator and the perpetrator’s parent(s), legal guardian(s) and representative(s), and is redacted from any report of bullying or cyberbullying that is publicly disclosed.

Notification

This policy will be annually circulated to parents and students, and shall be posted on the District website.

Reporting

As required by State statute, the Superintendent shall provide a report of all verified incidents of bullying and other required information to the Michigan Department of Education on an annual basis, according to the form and procedures established by the Department.

As required by State statute, the District’s procedures with respect to bullying are contained within this policy, and thus no administrative guidelines accompany this policy.

Section 14.      Use of Seclusion or Restraint.

Pursuant to Public Act 395 of 2016, MCL §380.1307a, the Board directs the Superintendent to adopt as an administrative guideline a local policy, applicable to all District administrators, staff and contractors, that is consistent with the policy issued by the Michigan Department of Education in connection with the requirements of Public Acts 394 through 402 of 2016, MCL §380.1307, et seq., regarding restrictions on the use of seclusion and restraint in public schools.  This policy is to accomplish the following objectives: 

A.        Promote the care, safety, welfare and security of the school community and the dignity of each pupil. 

B.        Encourage the use of proactive, effective, evidence- and research-based strategies and best practices to reduce the occurrence of challenging behaviors, eliminate the use of seclusion and restraint, and increase meaningful instructional time for all pupils.

C.        Ensure that seclusion and physical restraint are used only as a last resort in an emergency situation and are subject to diligent assessment, monitoring, documentation and reporting by trained personnel.

Section 15.      Search and Seizure.

The Board has charged District administration with the responsibility of safeguarding the safety and well-being of the students in their care. In the discharge of that responsibility, District administration may search school property such as lockers used by students or the person or property, including vehicles, of a student, in accordance with the following policy.

School Propert

Lockers and desks used by students remain at all times the property of the District. Where locks are provided for such places, students may lock them against incursion by other students, but in no such places shall students have an expectation of privacy as to prevent examination by a school official.  District administrators may search student lockers and desks at any time and for any reason. 

Student Person and Possessions

The privacy of students or his/her belongings may not be violated by an unreasonable search and seizure.  No student may be searched without reasonable suspicion or in an unreasonable manner.  The extent of the search will be governed by the seriousness of the alleged infraction, the student's age, and the student's disciplinary history.  Reasonable suspicion shall not be required for the use of canines to search a student's possessions as part of a random drug sweep.

Searches may be conducted  by administrators, school resource officer(s), or their designees.  Efforts should be made to conduct a search in the presence of the student and a staff member other than the principal.  A search prompted by the reasonable belief that health and safety are immediately threatened may be conducted with as much speed and dispatch as may be required to protect persons and property.

A search of a student's person or intimate personal apparel shall be conducted by a person of the student's gender, in the presence of another staff member of the same gender, and only in exceptional circumstances when the health or safety of the student or of others is immediately threatened.  Strip searches by district employees, school resource officer(s) or any other person acting on behalf of or as a representative of the District, on or off school premises, are not permitted.

Administrators or designated staff members are authorized to utilize a breath-test instrument for the purpose of determining if a student has consumed an alcoholic beverage.

The Superintendent shall prepare administrative guidelines to implement this policy.

Section 16.      Interrogation of Students.

The District is committed to protecting students from harm that may or may not be directly associated with the school environment, but also recognizes its responsibility to cooperate with law enforcement and State's child protection agency.

Such agencies should be encouraged to investigate alleged violations of the law off school property if at all possible.  An investigation by such an agency may  take place immediately on school property at the request of the building administrator if the alleged violation of law took place on school property or in emergency situations.

When police or other authorities arrive at the school and wish to interview a student or investigate an alleged violation of law, they must contact the building administrator indicating the nature of their investigation and their desire to question a student or students.

Before a student is questioned by police as a witness to or suspect in an alleged violation of law, the building administrator shall attempt to contact the student’s parent, and shall request to remain in the room during the questioning if the parent is not available.

If the student is the subject of a child abuse/neglect investigation, and the investigating agency indicates that the parent or a family member is believed to be the perpetrator, the building administrator will not contact either parent prior to the interview if so requested by the investigator.

If an authorized law enforcement officer or child protection agency removes a student, the administrator shall promptly also notify the parent and the Superintendent.

No school official may release personally identifiable student information in education records to the police or children's services agency without prior written permission of the parent, a lawfully-issued subpoena,  a court order, or as otherwise required by law, unless it is an emergency situation involving the health or safety of the involved student or other students.  Directory information may be disclosed upon request.

Section 17.      Education Records.

The District shall comply with the applicable requirements of the Family Educational Rights and Privacy Act ("FERPA") and Public Act 367 of 2016 (MCL §380.1136).  In accordance with FERPA, not later than the 30th day of each school year, the Superintendent shall provide public notice, in writing or electronically, to students and their parents or legal guardians of the District's intent to make available, upon request, certain information known as "directory information."

The Board designates as "directory information" the following information about students:

A.        name;

B.        participation in officially recognized activities and sports;

C.        height, if member of an athletic team;

D.        weight, if a member of an athletic team which requires disclosure to participate;

E.         grade level, and date of actual or expected graduation;

F.         awards or honors received;

G.        photographs;

H.        videos of students participating in school activities, events or programs.

The Board determines that the following information about students shall not be considered "directory information," and shall thus not be disclosed unless otherwise permitted by FERPA.

A.        residence address;

B.        email address;

C.        telephone numbers;

D.        date and place of birth;

E.         major field of study;

F.         dates of attendance;

G.        most recent previous educational agency or institution;

H.        Social Security number.

The annual notice from the Superintendent shall inform parents and eligible students that they may refuse to allow the District to disclose such "directory information" upon written or electronic notification to the District using the "opt out" form provided with the notice. If a parent or legal guardian of a student or an eligible student elects to "opt out" of the disclosure of any specific type of directory information, the District will elect not to disclose any directory information for that student.

The District shall provide a copy of the notice and "opt out" form to a parent or legal guardian at any time upon request.

The District shall develop a list of uses for which the District would disclose a student’s directory information.

Section 18.      Extra-Curricular Activities; Code of Conduct.

The Board encourages all students to become involved in extra-curricular, co-curricular and athletic activities.  Such activities supplement the District’s curriculum, and provide opportunities for student enrichment.  Participation is contingent on following the rules and guidelines governing those activities, and is a privilege, not a right. 

The Superintendent shall develop and administer a program of student  clubs and other activities, and shall develop guidelines for the maintenance of student activity funds in support of these organizations.

The Superintendent shall develop and administer a program of interscholastic athletics.

Athletic Code of Conduct

The Superintendent will publish as an administrative guideline an Athletic Code of Conduct, which will apply to students participating in all athletic (including interscholastic) activities.  This Code of Conduct will apply on a 12-month basis to all student participants, and to conduct on and off school property.  The Athletic Code of Conduct supplements, but does not supersede or modify, the Student Code of Conduct to be published by the Superintendent.

Extra-Curricular Code of Conduct

The Superintendent may by administrative guideline direct that the provisions of the Athletic Code of Conduct shall also apply to students participating in extracurricular or co-curricular activities.

Section 19.      Equal Access for Non-District-Sponsored Activities.

Secondary students of the District may also initiate other clubs and activities, which may use District facilities under the following rules.  School facilities may not be used by non-District-sponsored student clubs and activities or District-sponsored, extra-curricular clubs and activities during instructional hours.  During non-instructional time, no group of students, regardless of the size of the group, will be denied an opportunity to meet on the basis of the religious, political, philosophical, or other content of the activity. 

An application for permission for non-district-sponsored student clubs and activities to meet on school premises shall be made to the Superintendent or designee, who shall grant permission provided that:

A.        The activity has been initiated by students;

B.        Attendance at the meeting is voluntary;

C.        No agent or employee of the District will promote, lead, or participate in the meeting;

D.        The meeting does not materially and substantially interfere with the orderly conduct of instructional activities in the school; and

E.         Persons not affiliated with the District do not direct, conduct, control, or regularly attend the activity.

A student-initiated group granted permission to meet on school premises shall be provided the same rights and access and shall be subject to the same administrative guidelines that govern the meetings of student organizations sponsored by this Board, except as provided by this policy. Participation in a student-initiated meeting must be available to all students who wish to attend and cannot be denied on the basis of a student’s race, color, national origin, sex [Optional: including sexual orientation or sexual identity], age, religion, height, weight, marital or family status, disability, military status, genetic information, or any other legally protected category. There shall be no discrimination on the basis of the religious, political, philosophical, or other content of the speech at the meeting.

Section 20.      Medications.

Medications Generally

The Model Policy and Guidelines for Administering Medications to Pupils at School ("the Model Policy"), published by the Michigan Department of Education, as currently in effect and as subsequently amended, and with the revisions noted below, is adopted as the District’s Policy for medications at school.

Pursuant to the Model Policy, "medication" includes prescription, non-prescription and herbal medications, and includes those taken by mouth, by inhaler, those that are injectable, and those applied as drops to eyes, nose, or medications applied to the skin.

The following provisions of the Model Policy are clarified or revised as follows:

A.        As used in the Model Policy, the term "physician" means any health care provider licensed by the State of Michigan to prescribe medication.

B.        All documentation provided in connection with this policy, including medication administration logs, shall be retained for three years after the student graduates or otherwise leaves the District, or until the student’s 19th birthday, whichever occurs later.

Administration is directed to publish the Model Policy, with the clarifications or revisions identified above, as an administrative guideline, and to amend the guideline to comport with any amendment(s) to the Model Policy.

Administration is authorized to make additional non-substantive wording changes in the Model Policy, and to revise or supplement the forms that accompany the Model Policy, to conform with practices in and the policies and needs of the District.

Epinephrine Auto Injectors (Epi-Pens)

Each school building in the District shall have at least two employees at the school who have been trained in the administration of epinephrine auto-injectors. 

Each school building in the District shall possess and maintain at least two epinephrine auto-injectors.  The epinephrine auto-injectors shall be stored in a secure location, and in accordance with manufacturer’s instructions for the preservation of the medication.

Under state law, a prescriber of medication may issue a prescription for, and a dispensing prescriber or pharmacist may dispense, auto-injectable epinephrine.  Administration shall take the necessary steps to obtain and fill prescriptions for epinephrine auto-injectors in order to ensure that sufficient quantities are distributed to and maintained by individual schools.

An employee of the District who is a licensed registered professional nurse or who is trained in the administration of epinephrine auto-injectors may administer an epinephrine auto-injectors to a pupil who has an epinephrine auto-injector prescription on file at the school.

An employee of the District who is a licensed registered professional nurse or an employee of the District who is trained in the administration of epinephrine auto-injectors may administer an epinephrine auto-injectors to any pupil who is believed to be having an anaphylactic reaction, regardless of whether that pupil has an epinephrine auto-injector prescription on file at the school.           

The Superintendent shall issue administrative guidelines to ensure the proper implementation of this Policy.

Section 21.      Personal Communication Devices.

A “personal communication device” is a privately-owned device that is used for audio, video or text communications.  “Personal communication device” includes, but is not limited to, computers, tablets (e.g., iPads and similar devices), electronic readers (“e-readers,” e.g., Kindles and similar devices), cell phones (e.g., mobile/cellular telephones, smartphones (e.g., BlackBerry, iPhone, Android devices, Windows Mobile devices, etc.)), telephone paging devices (e.g., beepers or pagers), and/or other web-enabled devices of any type.

Except as authorized by a teacher, administrator or IEP team, or by regulations issued by the Superintendent, students are prohibited from using personal communication devices during instructional time, including while off-campus on a field trip, to capture, record and/or transmit words or sounds (i.e., audio) and/or images (i.e., pictures/video) of any student, staff member or other person.  Students may utilize personal communication devices before and after instructional time, during the student’s scheduled lunch time, or as directed by a teacher or other staff member for educational purposes.  Students may possess personal communication devices on their person during times when their use is not permitted, but the devices must be powered off and kept out of sight in backpacks or purses, or in lockers during such times.  

The Superintendent is authorized to develop regulations to further control student use and possession of personal communication devices.

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