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DAVIS SCHOOL DISTRICT

MEMORANDUM

 

DATE:                                 April 10, 2017

 

FROM:                               REID NEWEY, SUPERINTENDENT OF SCHOOLS
                                            BEN ONOFRIO, LEGAL COUNSEL  

 

NOTICE OF NON-DISCRIMINATION

 

Davis School District and Canyon Height Adult Learning do not discriminate on the basis of race, color, religion, sex, age, national origin, disability, sexual orientation, gender identity, veteran status, or any other characteristic protected by law, in its programs and activities, and provides equal access to the Boy Scouts and other designated youth groups.

 

Inquires or complaints regarding the non-discrimination policies may be directed to an individual’s principal or supervisor and/or the District Compliance Officer:

 

Midori Clough, District 504 Coordinator

504 (Student Issues) Coordinator

Davis School District

P.O. Box 588, 70 East 100 North, Farmington, Utah   84025

tel: (801) 402-5180

 


Bernardo Villar, Director of Equity

Title IX Compliance Coordinator

Race, Color, National Origin, Religion, or Gender in other than Athletic Programs

Davis School District

P.O. Box 588,  70 East 100 North, Farmington, Utah   84025

tel: (801) 402-5319

 

 

Tim Best, Health Lifestyles Coordinator

Title IX Compliance Coordinator

Gender Based Discrimination in Athletic Programming

Davis School District

P.O. Box 588,  20 North Main Street, Farmington, Utah   84025

tel: (801) 402-7850

 

Scott Zigich, Director of Risk Management

Physical Facilities Compliance Coordinator

P.O. Box 588,  20 North Main Street, Farmington, Utah   84025

tel: (801) 402-5307

 

TDD (hearing impaired): (801) 492-5358
ACCOMMODATIONS FOR INDIVIDUALS WITH DISABILITIES

 

In compliance with Section 504 of the Rehabilitation Act (504) and the Americans with Disabilities Act (ADA), the Davis School District and Canyon Heights Adult Learning will provide reasonable accommodations to qualified individuals with disabilities.  Students, parents, or employees needing accommodations should contact their school ADA/504 Coordinator Canyon Heights Adult Learning, 801-402-0720, their principal or supervisor or you may contact the District ADA Coordinator, Steve Baker (402-5315), for parent or employee accommodations; or 504 Coordinator, Adam King (402-5180) for student accommodations. (TDD hearing impaired ((801) 402-5358)

 

SAFE & ORDERLY SCHOOLS

 

It is the policy of the Davis School District and Canyon Heights Adult Learning to promote a safe and orderly school environment for all students and employees.  Criminal acts or disruptive behavior of any kind will not be tolerated and any individual who engages in such activity will be subject to school disciplinary action as determined by school administrators, District disciplinary action as determined by the Department of Student and Family Resources Case Management Team, police referral, and/or prosecution.  In determining appropriate discipline, school officials will consider the totality of the circumstances, including the severity of the offense, as well as the individual’s age, disability status, intent, academic status, and prior disciplinary record.

 

 

WEAPONS AND EXPLOSIVES-AUTOMATIC ONE YEAR EXPULSION

 

Any student who in a school building, in a school vehicle, on District property, or in conjunction with any school activity, possesses, controls, sales, arranges for the sale of, uses or threatens use of a real weapon, explosive, noxious or flammable material, or actually uses or threatens to use a look-alike or pretend weapon with the intent to intimidate another person or to disrupt normal school activities, shall be expelled from all District schools, programs, and activities for a period of not less than one calendar year; unless the Case Management Team determines on a case-by-case basis, that a lesser penalty would be more appropriate.  The terms weapon, explosive, and noxious or flammable material include but are not limited to: guns, starter pistols, cap guns, knives, martial arts accessories, bombs, bullets and ammunition, fireworks, gasoline or other flammable liquids, matches, and lighters.

 

DRUGS/CONTROLLED SUBSTANCES

 

Any student, who possesses, controls, uses, distributes, sells, or arranges the sale of an illegal drug or controlled substance (which includes alcohol, tobacco in any form, and electronic cigarettes), an imitation controlled substance, or drug paraphernalia in a school building, in a school vehicle, on District property, or in conjunction with any school activity, may be suspended, transferred to an alternative placement, tested for drugs, expelled, referred for police investigation, and/or prosecuted.

 

SERIOUS VIOLATIONS

 

Students may be suspended, transferred to an alternative placement, expelled, referred for police investigation, and/or prosecuted for committing any of the following school-related serious violations: 1) threatening or causing harm to the school, school property, or persons associated with the school, or property associated with that person, regardless of where the conduct occurs; 2) committing any criminal act, including but not limited to: assault, harassment, hazing, rape, trespass, arson, theft, vandalism, possession or use of pornographic materials on school property; 3) engaging in any gang activity, including but not limited to: flashing gang signs, displaying or spraying gang graffiti, wearing or displaying gang related clothing or apparel, or soliciting others for membership in a gang.

 

DISRUPTION OF SCHOOL OPERATIONS

 

Students may be suspended, transferred to an alternative placement, expelled, referred for police investigation, and/or prosecuted for any conduct that creates an unreasonable and substantial disruption or risk of disruption of a class, activity, program, or other function of the school, including but not limited to: frequent, flagrant, or willful disobedience; defiance of school authority; criminal activity; fighting; noncompliance with school dress code; possession of contraband (i.e., drug paraphernalia, pornography, mace, pepper spray, laser pen, chains, needles, razor blades, bats and clubs); or the use of foul, profane, vulgar, harassing or abusive language. 

 

DUE PROCESS

 

When a student is suspected of violating Canyon Heights Adult Learning or District policy the school administrator must meet with and inform him/her of the allegations and provide the student the opportunity to give his/her version of the incident.  If the school administrator determines sufficient evidence exists to impose discipline the school administrator shall notify the parent or guardian that: 1) the student has been suspended; 2) the grounds for the suspension; 3) the period of time for which the student is suspended; and 4) the time and place for the parent or guardian to meet a designated school official to review the suspension.

 

AUTHORITY TO SUSPEND OR EXPEL

 

The school administrator has the authority to suspend a student for up to ten school days per incident.  If the school administrator desires or contemplates suspending for longer than ten school days or expelling a student the school administrator shall make a referral to the District’s Case Management Team.

 

BULLYING/CYBER-BULLYING/HARASSMENT/HAZING

 

Students may be suspended, transferred to an alternative placement, expelled, referred for police investigation, and/or prosecuted for engaging in any physical or verbal aggression, intimidation, or discrimination of any school employee or student at school or a school-related activity regardless of location or circumstance, including but not limited to bullying, cyber-bullying, hazing, or sexual, racial, ethnic, religious, or disability-related harassment.  Canyon Heights Adult Learning policy may be found at https://www.davis.k12.ut.us/Page/100620 or a copy may be obtained in the school office.

 

SEARCH AND SEIZURE

 

School officials have the authority to search a student’s person, personal property, or vehicle while located on school property or at a school sponsored activity, when they have reason to believe that the search will turn up evidence that the student has violated or is violating a particular law or school rule.

 

Students have no right or expectation of privacy in school lockers, desks, or other storage areas provided for student use.  School lockers, desks or other storage areas are the sole property of the Davis School District and Canyon Heights Adult Learning.  Periodic general inspections of school lockers, including the use of drug detecting canines, may be conducted by school authorities for any reason at any time, without notice, without student consent, and without a search warrant.

 

EXTRACURRICULAR ACTIVITIES

 

Participation in interscholastic athletics, cheerleading, student government, student clubs, graduation ceremonies, and other extracurricular activities is not a constitutionally protected civil right.  Therefore, students who are suspended, transferred to an alternative placement, or expelled, may lose the privilege of participation in all extracurricular activities during the period of discipline and will not be afforded due process procedures to challenge the denial of participation.

 

COMPULSORY EDUCATION REQUIREMENT

 

A parent or legal guardian having custody over a school-age minor is required under State law to enroll and send a school-age minor to a public or established private school during the school year in the district in which the minor resides.  The process of education requires continuity of instruction, class participation and study.  Frequent absences from classes disrupt the instructional process.  Parents/guardians are encouraged to work with the school in promoting regular attendance of all students.

 

 

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

 

Student Education Records

The Family Educational Rights and Privacy Act (FERPA) is a Federal law designed to protect the privacy of a student=s education records.  FERPA gives parents certain rights with respect to their children=s education records. These rights are:

 

Inspect and review all of their student=s education records maintained by the school within 45 days of a request for access.

Request that a school correct records believed to be inaccurate, misleading, or otherwise in violation of the student=s privacy rights under FERPA.

Parents who wish to ask the school to amend a record should write the principal or appropriate school official, clearly identify the part of the record they want changed, and specify why it should be changed.  If the school decides not to amend the record as requested by the parent, the school will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment.

Provide consent before the school discloses personally identifiable information (PPI) from a student=s record, except to the extent that FERPA authorizes disclosure without consent.  Such exceptions include, but are not limited to:

[a] school officials with legitimate educational interests;

[b]            other schools to which a student is transferring;

[c]            individuals who have obtained court orders or subpoenas;

[d]            individuals who need to know in cases of health and safety emergencies;

[e]            official in the juvenile justice system;

[f]             a State agency or organization that is legally responsible for the care and protection of the student;

[g]            specified officials for audit or evaluation purposes; or

[h]            organizations conducting studies for or on behalf of the District.

A school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving as a volunteer; a person serving on the District School Board; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist), or to whom the District has outsourced institutional services or functions.  A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

 

Student Directory Information

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, may be released at the discretion of school officials, without consent, for appropriate reasons such as, school publications, newspaper articles, and to outside education related organizations.  In addition, two federal laws require secondary schools to provide military recruiters, upon request, the names, addresses and telephone listings of their students. 

The Davis School District has designated the following information as directory information:  1) student=s name, 2) student=s address, 3) student=s telephone number, 4) date of birth, 5) parent email address, 6) participation in officially recognized activities and sports, 7) weight and height of members of athletic teams, 8) degrees, honors, and awards received, 9) photograph, 10) most recent educational institution attended by the student.

 

If you, as a parent, do not want Canyon Heights Adult Learning to disclose directory information from your child=s education records without your prior written consent, you must notify the school in writing annually.

Parents who believe their rights have been violated may contact the school=s administration or file a complaint with:

 

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW
Washington, D.C.  20202-5920

1-800-872-5327

Informal inquires may be sent to FPCO via the following email address: FERPA@ED.Gov

 

Complaints should be reported as soon as possible, but not later than 180 days from the date you learned of the circumstances of the alleged violation.

 

RIGHTS UNDER THE PROTECTION OF PUPIL RIGHTS AMENDMENT

 

The Protection of Pupil Rights Amendment (PPRA) affords parents certain rights regarding the use of surveys or other school activities which may involve the collection or use of protected information. These include the right to:

Consent before students are required to participate in any survey, analysis, or evaluation that reveals information, whether personally identifiable or not, concerning the student’s or any family member’s:

[a] Political affiliations or beliefs;

[b] Mental or psychological problems;

[c] Sexual behavior, orientation or attitudes;

[d] Illegal, anti-social, self-incriminating, or demeaning behavior;

[e] Critical appraisals of others with whom the student or family have close family relationships;

[f] Legally recognized privileged relationships, such as with lawyers, doctors, or     ministers;

[g] Religious practices, affiliations, or beliefs; or

[h] Income, other than as required by law to determine program eligibility.

Receive notice and an opportunity to opt a student out of activities involving collection, disclosure, or use of personal information obtained from students regarding any of the protected information areas.          

Inspect, upon request and before administration or use of:

[a] Protected information surveys designed to be administered to students; and

[b] Instructional material used as part of the educational curriculum.

Davis School District has policies in place to protect student privacy as required by both State and Federal law. Canyon Heights Adult Learning will directly notify you of the specific or approximate dates of activities which involve the collection or use of protected information, and provide an opportunity to opt your student out of participating in such activities.

 

 

 

Parents who believe their rights have been violated may contact the school’s administration or file a complaint with:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C.  20202-5920

1-800-872-5327

Informal inquires may be sent to FPCO via the following email address: PPRA@ED.Gov.

 

PLEDGE OF ALLEGIANCE

 

The Pledge of Allegiance to the Flag shall be recited by students at the beginning of each school day in each public school classroom in the State, led by a student in the classroom, as assigned by the classroom teacher on a rotating basis.  Participation in the Pledge is voluntary and not compulsory.

 

RELIGIOUS EXPRESSION IN PUBLIC SCHOOLS

 

In compliance with existing federal and State law regarding religion and religious expression in public schools, the District or school may neither advance nor inhibit religion.  It is the District’s policy to: 1) allow students and employees to engage in expression of personal religious views or beliefs within the parameters of current law, and 2) maintain the schools’ official neutrality regarding sectarian religious issues according to the constitutional principle of separation between church and state.

 

 

PARENTAL RIGHTS IN PUBLIC EDUCATION

 

The Davis School District and Canyon Heights Adult Learning shall reasonably accommodate** a parent’s or guardian’s:

    written request to retain a student in kindergarten through grade 8 on grade level based on the student's academic ability or the student's social, emotional, or physical maturity.
    written request, prior to scheduled event, to excuse the student from attendance for a family event or a scheduled proactive visit to a health care provider. (Student agrees to make up course work for school days missed for the scheduled absence).
    written request to place a student in a specialized class, a specialized program, or an advanced course. (In determining whether placement is reasonable, the District shall consider multiple academic data points).
    request to excuse the student from taking an assessment that is federally mandated, is mandated by the state, or requires the use of a state assessment system or software that is provided or paid for by the state.
    initial selection of a teacher or request for a change of teacher.
    request to visit and observe any class the student attends.
    request to meet with a teacher at a mutually agreeable time if unable to attend a regularly scheduled parent teacher conference.

**Reasonably accommodate" means to make its best effort to enable a parent or guardian to exercise a parental right without substantial impact to staff and resources including employee working conditions, safety and supervision on school premises and for school activities, and the efficient allocation of expenditures while balancing the parental rights, the educational needs of other students, the academic and behavioral impacts to a classroom, a teacher's workload, and the assurance of the safe and efficient operation of a school.  Each accommodation shall be considered on an individual basis and no student shall be considered to a greater or lesser degree than any other student.

**Reasonably accommodate for purposes of this section means the District or school shall make its best effort to enable a parent or guardian to exercise a parental right specified here without substantial impact to staff and resources, including employee working conditions, safety and supervision on school premises and for school activities, and the efficient allocation of expenditures; while balancing: the parental rights of parents or guardians; the educational needs of other students; the academic and behavioral impact to a classroom; a teacher’s workload; and the assurance of the safe and efficient operation of a school.

 

The parental rights specified here do not include all the rights or accommodations available to parents or guardians from the public education system.