TABLE OF CONTENTS

SECTION 4—STUDENTS
	
4.1—RESIDENCE REQUIREMENTS
4.2—ENTRANCE REQUIREMENTS
4.3—COMPULSORY ATTENDANCE REQUIREMENTS
4.4—STUDENT TRANSFERS
4.5—SCHOOL CHOICE
4.6—HOME SCHOOLING
4.7—ABSENCES
4.8—MAKE-UP WORK
4.9—TARDIES
4.10—CLOSED CAMPUS
4.11—EQUAL EDUCATIONAL OPPORTUNITY
4.12—STUDENT ORGANIZATIONS/Equal  Access
4.13—PRIVACY OF STUDENTS’ RECORDS/ DIRECTORY INFORMATION
4.13F—OBJECTION TO PUBLICATION OF DIRECTORY INFORMATION
4.14—STUDENT Media AND THE DISTRIBUTION OF LITERATURE
4.15—CONTACT WITH STUDENTS WHILE AT SCHOOL
4.16—STUDENT VISITORS
4.17—STUDENT DISCIPLINE
4.18—PROHIBITED CONDUCT
4.19—CONDUCT TO AND FROM SCHOOL AND TRANSPORTATION
ELIGIBILITY
4.20—DISRUPTION OF SCHOOL
4.21—STUDENT ASSAULT OR BATTERY
4.22—WEAPONS AND DANGEROUS INSTRUMENTS
4.23—TOBACCO, ELECTRONIC NICOTINE DELIVERY SYSTEMS, AND RELATED PRODUCTS
4.24—DRUGS AND ALCOHOL
4.25—STUDENT DRESS AND GROOMING
4.26—GANGS AND GANG ACTIVITY
4.27—STUDENT SEXUAL HARASSMENT
4.28—LASER POINTERS
4.29—INTERNET SAFETY and ELECTRONIC DEVICE USE POLICY
4.29F—STUDENT ELECTRONIC DEVICE and INTERNET USE AGREEMENT
4.30—SUSPENSION FROM SCHOOL
4.31—EXPULSION
4.32—SEARCH, SEIZURE, AND INTERROGATIONS
4.33—STUDENTS’ VEHICLES
4.34—COMMUNICABLE DISEASES AND PARASITES
4.35—STUDENT MEDICATIONS
4.35F—MEDICATION ADMINISTRATION CONSENT FORM
4.35F3—Glucagon AND/OR INSULIN ADMINISTRATION CONSENT FORM
4.35F2—MEDICATION SELF-ADMINISTRATION CONSENT FORM
4.35F4—EPINEPHRINE EMERGENCY ADMINISTRATION CONSENT FORM
4.35F5—ALBUTEROL EMERGENCY ADMINISTRATION CONSENT FORM
4.35F6—STRESS AND EMERGENCY DOSE MEDICATION ADMINISTRATION CONSENT FORM
4.35F7—STRESS DOSE MEDICATION SELF-ADMINISTRATION CONSENT FORM
4.36—STUDENT ILLNESS/ACCIDENT
4.37—EMERGENCY DRILLS
4.38—PERMANENT RECORDS
4.39—CORPORAL PUNISHMENT
4.40—HOMELESS STUDENTS
4.41—PHYSICAL EXAMINATIONS OR SCREENINGS
4.41F—OBJECTION TO PHYSICAL EXAMINATIONS OR SCREENINGS
4.42—STUDENT HANDBOOK
4.43—BULLYING
4.44—NATIONAL ANTHEM
4.45—SMART CORE CURRICULUM AND GRADUATION REQUIREMENTS FOR THE CLASSES OF 2023, 2024, AND 2025
4.45.1—SMART CORE CURRICULUM AND GRADUATION REQUIREMENTS FOR THE CLASS OF 2026 AND THEREAFTER
4.46—PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
4.47—POSSESSION AND USE OF CELL PHONES AND OTHER ELECTRONIC  DEVICES
4.48—VIDEO SURVEILLANCE AND OTHER STUDENT MONITORING
4.49—SPECIAL EDUCATION
4.50—SCHOOL MEAL MODIFICATIONS
4.51— FOOD SERVICE PREPAYMENT
4.52—STUDENTS WHO ARE FOSTER CHILDREN
4.53— PLACEMENT OF MULTIPLE BIRTH SIBLINGS
4.55— STUDENT PROMOTION AND RETENTION
4.56—EXTRACURRICULAR ACTIVITIES – SECONDARY SCHOOLS
4.56.2—EXTRACURRICULAR ACTIVITY ELIGIBILITY FOR HOME SCHOOLED STUDENTS
4.56.2F— HOME SCHOOLED STUDENTS' LETTER OF INTENT TO PARTICIPATE IN AN EXTRACURRICULAR ACTIVITY AT RESIDENT DISTRICT
4.56.2F2- HOME SCHOOLED STUDENTS' LETTER OF INTENT TO PARTICIPATE IN AN EXTRACURRICULAR ACTIVITY AT NON-RESIDENT DISTRICT
4.57—IMMUNIZATIONS
4.58—FOOD SHARING AND ITS REMOVAL FROM FOOD SERVICE AREA
4.59—ACADEMIC COURSE ATTENDANCE BY PRIVATE SCHOOL AND HOME SCHOOLED STUDENTS
4.60—STUDENT BEHAVIORAL INTERVENTION AND RESTRAINT

STUDENTS

4.1—RESIDENCE REQUIREMENTS

Definitions:

“In loco parentis” means relating to the responsibility to undertake the care and control of another person in the absence of:
1.	Supervision by the person's parent or legal guardian; and
2.	Formal legal approval.

“Reside” means to be physically present and to maintain a permanent place of abode for an average of no fewer than four (4) calendar days and nights per week for a primary purpose other than school attendance.

“Resident” means a student whose parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis reside in the school district.

“Residential address” means the physical location where the student’s parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis reside. A student may use the residential address of a parent, legal guardian, person having lawful control of the student or person standing in loco parentis only if the student resides at the same residential address and if the guardianship or other legal authority is not granted solely for educational needs or school attendance purposes. 

The schools of the District shall be open and free through the completion of the secondary program to all persons between the ages of five (5) and twenty one (21) years whose parents, legal guardians, persons having lawful control of the student, or person standing in loco parentis reside within the District1 and to all persons between those ages who have been legally transferred to the District for educational purposes.  

Any person eighteen (18) years of age or older may establish a residence separate and apart from his or her parent, legal guardian, person having lawful control of the student, or a person standing in loco parentis for school attendance purposes. 

In order for a person under the age of eighteen (18) years to establish a residence for the purpose of attending the District’s schools separate and apart from his or her parent, legal guardian, person having lawful control of the student, or a person standing in loco parentis, the student is required to reside in the District for a primary purpose other than that of school attendance. However, a student previously enrolled in the district who is placed under the legal guardianship of a noncustodial parent living outside the district by a custodial parent on active military duty may continue to attend district schools.2 A foster child who was previously enrolled in a District school and who has had a change in placement to a residence outside the District, may continue to remain enrolled in his/her current school unless the presiding court rules otherwise.3

Under instances prescribed in A.C.A. § 6-18-203, a child or ward of an employee of the district or of the education coop to which the district belongs may enroll in the district even though the employee and his/her child or ward reside outside the district.

Children whose parent or legal guardian relocates within the state due to a mobilization, deployment, or available military housing while on active duty in or serving in the reserve component of a branch of the United States Armed Forces or National Guard may continue attending school in the school district the children were attending prior to the relocation or attend school in the school district where the children have relocated. A child may complete all remaining school years at the enrolled school district regardless of mobilization, deployment, or military status of the parent or guardian.

Notes:	1 Residency requirements of homeless students is governed by policy 4.40—HOMELESS STUDENTS. Residency requirements governing foster children are governed by policy 4.52—STUDENTS WHO ARE FOSTER CHILDREN

2 The Interstate Compact on Educational Opportunity for Military Children and the ARKANSAS MILITARY CHILD SCHOOL TRANSITIONS ACT OF 2021 are the sources for this sentence. It is codified at A.C.A. § 6-4-302 and  6-28-108.

3 This is a provision of A.C.A. § 9-28-113(a) and (b).

4 Rather than duplicate the law on the attendance of children of employees who reside outside of the district into the policy which would make for a long policy affecting a relatively small number of students, we suggest you consult A.C.A. § 6-18-203 and have a copy handy for affected employees or

Cross References: 	Policy 4.40—HOMELESS STUDENTS
			Policy 4.52—STUDENTS WHO ARE FOSTER CHILDREN

Legal References:	A.C.A. § 6-4-302
A.C.A. § 6-18-107
A.C.A. § 6-18-202
A.C.A. § 6-18-203
A.C.A. § 9-28-113

Date Adopted:  June 16, 2008
Last Revised:  June 21, 2021

4.2—ENTRANCE REQUIREMENTS

To enroll in a school in the District, the child must be a resident of the District as defined in District policy (4.1—RESIDENCE REQUIREMENTS), meet the criteria outlined in policy 4.40—HOMELESS STUDENTS, or in policy 4.52—STUDENTS WHO ARE FOSTER CHILDREN, be accepted as a transfer student under the provisions of policy 4.4, or participate under a school choice option and submit the required paperwork as required by the choice option under Policy 4.5.

Students may enter kindergarten if they will attain the age of five (5) on or before August 15 of the year in which they are seeking initial enrollment. Any student who has been enrolled in a state-accredited or state-approved kindergarten program in another state for at least sixty (60) days, who will become five (5) years old during the year in which he/she is enrolled in kindergarten, and who meets the basic residency requirement for school attendance may be enrolled in kindergarten upon written request to the District. Any student who was enrolled in a state-accredited or state-approved kindergarten program in another state or in a kindergarten program equivalent in another country, becomes a resident of this state as a direct result of active military orders or a court-ordered change of custody, will become five (5) years of age during the year in which he or she is enrolled in kindergarten, and meets the basic residency requirement for school attendance may be enrolled in kindergarten upon a written request to the District.

Any child who will be six (6) years of age on or before August 1 of the school year of enrollment and who has not completed a state-accredited kindergarten program shall be evaluated by the district and may be placed in the first grade if the results of the evaluation justify placement in the first grade and the child’s parent or legal guardian agrees with placement in the first grade; otherwise the child shall be placed in kindergarten.

Any child may enter first grade in a District school if the child will attain the age of six (6) years during the school year in which the child is seeking enrollment and the child has successfully completed a kindergarten program in a public school in Arkansas.

Any child who has been enrolled in the first grade in a state-accredited or state-approved elementary school in another state for a period of at least sixty (60) days, who will become age six (6) years during the school year in which he/she is enrolled in grade one (1), and who meets the basic residency requirements for school attendance may be enrolled in the first grade.

Students who move into the District from an accredited school shall be assigned to the same grade as they were attending in their previous school (mid-year transfers) or as they would have been assigned in their previous school. Private school students shall be evaluated by the District to determine their appropriate grade placement. Home school students enrolling or re-enrolling as a public school student shall be placed in accordance with policy 4.6—HOME SCHOOLING.

The district shall make no attempt to ascertain the immigration status, legal or illegal, of any student or his/her parent or legal guardian presenting for enrollment.

Prior to the child’s admission to a District school:

1.	The parent, legal guardian, person having lawful control of the student, or person standing in loco parentis shall furnish the child’s social security number, or if they request, the district will assign the child a nine (9) digit number designated by the Division of Elementary and Secondary education.

2.	The parent, legal guardian, person having lawful control of the student, or person standing in loco parentis shall provide the district with one (1) of the following documents indicating the child’s age:
a.	A birth certificate;
b.	A statement by the local registrar or a county recorder certifying the child’s date of birth;
c.	An attested baptismal certificate;
d.	A passport;
e.	An affidavit of the date and place of birth by the child’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis;
f.	United States military identification; or
g.	Previous school records.
3.	The parent, legal guardian, person having lawful control of the student, or person standing in loco parentis shall indicate on school registration forms whether the child has been expelled from school in any other school district or is a party to an expulsion proceeding. Any person who has been expelled from any other school district shall receive a hearing before the Board at the time the student is seeking enrollment in the District. The Board reserves the right to not allow the enrollment of such students until the time of the person's expulsion has expired following the hearing before the Board.3
4.	In accordance with Policy 4.57—IMMUNIZATIONS, the child shall be age appropriately immunized or have an exemption issued by the Arkansas Department of Health.

Uniformed Services Member's Children
For the purposes of this policy:

“Active duty”4 means full-time duty status in the active, uniformed services of the United States, including without limitation members of The National Guard and Reserve on active duty orders under 10 U.S.C. §§ 1209, 1210, and 1211.

“Active duty” means full-time duty status in the active, uniformed services of the United States, including without limitation members of The National Guard and Reserve on active duty orders under 10 U.S.C. §§ 1209 and 1210.

“Deployment” means a period of time extending from six (6) months before a member of the uniformed services' departure from their home station on military orders through six (6) months after return to his or her home station.

"Dual status military technician" means a federal civilian employee who is:
a.	Employed under 5 U.S.C. § 3101 or 32 U.S.C. § 709(b);
b.	Required as a condition of his or her employment to maintain membership in the Selected Reserve; and
c.	Assigned to a civilian position as a technician in the organizing, administering, instructing, or training of the Selected Reserve or in the maintenance and repair of supplies or equipment issued to the Selected Reserve of the United States Armed Forces.

“Eligible child” means the children of: 
•	Active duty members of the uniformed services;
•	Members of the active and activated reserve components of the uniformed services;
•	Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and 
•	Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death.
•	Dual status military technicians; and
•	Traditional members of the National Guard and reserve components of the armed forces who are relocating to the state for employment or to serve as a member of an Arkansas-based reserve component unit.

"Traditional member of the National Guard or federal reserves" means an active member of the Selected Reserve subject to mobilization and deployment for which he or she attends monthly and annual training periods.

“Transition” means the:
o	Formal and physical process of transitioning from public school to public school; or
o	Period of time in which a student moves from a sending district to a receiving district.

“Uniformed services”4 means the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Space Force, United States Coast Guard, the National Oceanic and Atmospheric Administration Commissioned Officer Corps, the United States Commissioned Corps of the Public Health Services, and the state and federal reserve components of each of these bodies.

“Veteran” means an individual who served in the uniformed services and who was discharged or released from the uniformed services under conditions other than dishonorable.

The superintendent shall designate an individual as the District’s military education coordinator, who shall serve as the primary point of contact for an eligible child and for the eligible child’s parent, legal guardian, person having lawful control of the eligible child, or person standing in loco parentis. The individual the superintendent designates as the District’s military education coordinator shall have specialized knowledge regarding the educational needs of children of military families and the obstacles that children of military families face in obtaining an education.5

An eligible child as defined in this policy shall:
1.	be allowed to continue his/her enrollment at the grade level commensurate with his/her grade level he/she was in at the time of transition from his/her previous school, regardless of age; 
2.	be eligible for enrollment in the next highest grade level, regardless of age if the student has satisfactorily completed the prerequisite grade level in his/her previous school;
3.	enter the District's school on the validated level from his/her previous accredited school when transferring into the District after the start of the school year;
4.	be enrolled in courses and programs the same as or similar to the ones the student was enrolled in his/her previous school to extent that space is available. This does not prohibit the District from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the courses/and/or programs;
5.	be provided services comparable to those the student with disabilities received in his/her previous school based on his/her previous Individualized Education Program (IEP). This does not preclude the District school from performing subsequent evaluations to ensure appropriate placement of the student;
6.	make reasonable accommodations and modifications to address the needs of an incoming student with disabilities, subject to an existing 504 or Title II Plan, necessary to provide the student with equal access to education. This does not preclude the District school from performing subsequent evaluations to ensure appropriate placement of the student;
7.	be enrolled by an individual who has been given the special power of attorney for the student's guardianship. The individual shall have the power to take all other actions requiring parental participation and/or consent;
8.	be eligible to continue attending District schools if he/she has been placed under the legal guardianship of a noncustodial parent living outside the district by a custodial parent on active military duty.

Following the receipt of advanced notice of the enrollment of an eligible student from a military family, the District shall treat the notice as a provisional enrollment and provide the student with materials regarding:
a.	Academic courses;
b.	Electives;
c.	Sports; and
d.	Other relevant information regarding the public school.

In the event that official copies of an eligible child’s education records are not available at the time the eligible child is transferring, then the District shall:
o	Pre-register and place an eligible child based on the eligible child’s unofficial education records pending receipt of the eligible child’s official records; and
o	Request the eligible child’s official education records from the sending district.

To facilitate a smooth transition between the student’s previous coursework and the curriculum best suited to ensure educational success in the student’s new school, the District may enroll an inbound transitioning eligible student in digital coursework, if available, at the request of the military family.

Notes:	1 The US Supreme Court has held that public schools may not use immigration status as a criterion for admitting and educating students. 
2 A.C.A. § 9-28-113 requires schools to “immediately” enroll foster children whether or not they produce “required clothing or required records” noted in #2 and #4. ASBA does not believe this means schools are required to admit students currently under expulsion from their previous school. See policies 4.4 and 4.5.
3 A.C.A. § 6-18-510 requires that districts adopt this policy language, or similar, AND provide a hearing before the board for the student seeking to enroll in the district while currently serving an expulsion from another district in order for the district to exclude the student until the expiration of the student’s expulsion. Districts who do not include this policy language, or similar, AND provide the hearing before the board may NOT prohibit the enrollment of a student who is currently serving an expulsion from another district.
4 A.C.A. § 6-4-302 and  6-28-104 define both “uniformed services” and “active duty.” Consult the statutes to determine if the student wishing to enroll in your district qualifies under the definitions.

5 While A.C.A. 6-28-116 only makes this a requirement for districts with at least twenty (20) children of military families enrolled or an average daily membership of three thousand (3,000) students, the language is recommended for all districts.

Cross References:	4.1—RESIDENCE REQUIREMENTS
4.4—STUDENT TRANSFERS
4.5—SCHOOL CHOICE
4.6—HOME SCHOOLING
4.34—COMMUNICABLE DISEASES AND PARASITES
4.40—HOMELESS STUDENTS
4.52—STUDENTS WHO ARE FOSTER CHILDREN
4.57—IMMUNIZATIONS
Legal References:	A.C.A. § 6-4-302
A.C.A. § 6-15-504
A.C.A. § 6-18-201 (c) 
A.C.A. § 6-18-207
A.C.A. § 6-18-208
A.C.A. § 6-18-510
A.C.A. § 6-18-702
A.C.A. § 6-28-101 et seq.
A.C.A. § 9-28-113
DESE Rules Governing Student Discipline and School Safety
Plyler v Doe 457 US 202,221 (1982) 

Date Adopted:  June 16, 2008
Last Revised:  June 21, 2021	

4.3—COMPULSORY ATTENDANCE REQUIREMENTS

Every parent, legal guardian, person having lawful control of the child, or standing in loco parentis of any child age five (5) through seventeen (17) years on or before August 1 of that year who resides, as defined by policy (4.1—RESIDENCE REQUIREMENTS), within the District shall enroll the child and ensure the attendance of the child at a District school with the following exceptions:
1.	      The child is enrolled in private or parochial school.
2.	The child is being home-schooled and the conditions of policy (4.6—HOME SCHOOLING) have been met.
3.	The child will not be age six (6) on or before August 1 of that particular school year and the parent, legal guardian, person having lawful control of the child, or person standing in loco parentis of the child elects not to have him/her attend kindergarten. A kindergarten waver form prescribed by regulation of the Division of Elementary and Secondary Education must be signed and on file with the District administrative office.
4.	The child has received a high school diploma or its equivalent as determined by the State Board of Education.
5.	The child is age sixteen (16) or above and is enrolled in a post-secondary vocational-technical institution, a community college, or a two-year or four-year institution of higher education.
6.	The child is age sixteen (16) or seventeen (17) and has met the requirements to enroll in an adult education program as defined by A.C.A. § 6-18-201 (b).

Legal References:	A.C.A. § 6-18-201
A.C.A. § 6-18-207

Date Adopted:  June 16, 2008
Last Revised:  June 21, 2021

4.4—STUDENT TRANSFERS

The Salem District shall review and accept or reject requests for transfers, both into and out of the district, on a case by case basis. 

The District may reject a nonresident’s application for admission if its acceptance would necessitate the addition of staff or class rooms, exceed the capacity of a program, class, grade level, or school building, or cause the District to provide educational services not currently provided in the affected school.  The District shall reject applications that would cause it to be out of compliance with applicable laws and regulations regarding desegregation.

Any student transferring from a school accredited by the Division of Elementary and Secondary Education (DESE) to a school in this district shall be placed into the same grade the student would have been in had the student remained at the former school. Any grades, course credits, and/or promotions received by a student while enrolled in the Division of Youth Services system of education shall be considered transferable in the same manner as those grades, course credits, and promotions from other accredited Arkansas public educational entities.

Any student transferring from a school that is not accredited by the DESE to a District school shall be evaluated by District staff to determine the student’s appropriate grade placement. A student transferring from home school will be placed in accordance with Policy 4.6—HOME SCHOOLING.

Any person who has been expelled from any other school district shall receive a hearing before the Board at the time the student is seeking enrollment in the District. The Board reserves the right to not allow the enrollment of such students until the time of the person's expulsion has expired following the hearing before the Board.3

Except as otherwise required or permitted by law, the responsibility for transportation of any nonresident student admitted to a school in this District shall be borne by the student or the student’s parents. The District and the resident district may enter into a written agreement with the student or student’s parents to provide transportation to or from the District, or both.

Notes:	1 You may choose not to adopt this additional language and accept transfers on a continuing basis. Consult A.C.A. § 6-18-317 for restrictions on transfers where either the resident or the receiving district is under a desegregation related court order.

2 Your application of “capacity” should be consistent in order to avoid potential exposure to liability for unlawful discrimination against individuals with disabilities. For example, you should not choose to accept a student who requires no special services, but would require you to add an additional elementary teacher, but refuse to accept a student with a disability because it would require you to add an additional special education teacher. You may refuse to accept the transfer of a student with a disability whose acceptance would necessitate the hiring of an aide, interpreter, or other additional staff member.

3 A.C.A. § 6-18-510 requires that districts adopt this policy language, or similar, AND provide a hearing before the board for the student seeking to enroll in the district while currently serving an expulsion from another district in order for the district to exclude the student until the expiration of the student’s expulsion. Districts who do not include this policy language, or similar, AND provide the hearing before the board may NOT prohibit the enrollment of a student who is currently serving an expulsion from another district.

4 A.C.A. § 9-28-113(b)(4) encourages districts to arrange for transportation for foster children who have had a change in placement to a new school, but have been kept in their previous school by a DHS or court ruling. The statute’s language would permit the change in placement to be in a different district and the policy language would allow the district to arrange for the transportation at district expense.

Cross Reference: 4.6—HOME SCHOOLING

Legal References:	A.C.A. § 6-18-316
			A.C.A. § 6-18-317
			A.C.A. § 6-18-318
			A.C.A. § 6-18-510
			A.C.A.§6-15-504(f) 
			A.C.A. § 9-28-113(b) (4) 

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

4.5—SCHOOL CHOICE

Standard School Choice

Exemption

The District is under an enforceable desegregation court order/court-approved desegregation plan1 that explicitly limits the transfer of students between school districts and has submitted the appropriate documentation to the Division of Elementary and Secondary Education (DESE).2 As a result of the desegregation order/desegregation plan1, the District is exempt from the provisions of the Public School Choice Act of 2015 (Standard School Choice) and the Arkansas Opportunity Public School Choice Act (Opportunity School Choice). The District shall notify the superintendents of each of its geographically contiguous school districts of its exemption.3 The exemption prohibits the District from accepting any school choice applications from students wishing to transfer into or out of the District through standard School Choice or Opportunity School Choice.4

Definition

"Sibling" means each of two (2) or more children having a parent in common by blood, adoption, marriage, or foster care.

Transfers into the District

Capacity Determination and Public Pronouncement

The Board of Directors will annually adopt a resolution containing the capacity standards for the District. The resolution will contain the acceptance determination criteria identified by academic program, class, grade level, and individual school. The school is not obligated to add any teachers, other staff, or classrooms to accommodate choice applications. The District may only deny a Standard School Choice application if the District has a lack of capacity by the District having reached ninety percent (90%) of the maximum student population in a program, class, grade level, or school building authorized by the Standards or other State/Federal law.5

The District shall advertise in appropriate broadcast media and either print media or on the Internet to inform students and parents in adjoining districts of the range of possible openings available under the School Choice program. The public pronouncements shall state the application deadline; the requirements and procedures for participation in the program; and include contact information for the primary point of contact at the District for school choice questions. Such pronouncements shall be no later than January 1.6

Application Process 

The student's parent shall submit a school choice application on a form approved by DESE to this District and the student’s resident district. Except for students who have a parent or guardian who is an active-duty member of the military and who has been transferred to and resides on a military base, the transfer application must be postmarked, emailed, or hand delivered between January 1 and May 1 of the year preceding the fall semester the applicant would begin school in the District. The District shall date and time stamp all applications the District receives as both the resident and nonresident district as they are received in the District's central office. Except for applications from students who have a parent or guardian who is an active-duty member of the military and who has been transferred to and resides on a military base, applications postmarked, emailed, or hand delivered on or after May 2 will not be accepted. Statutorily, preference is required to be given to siblings of students who are already enrolled in the District. Therefore, siblings whose applications fit the capacity standards approved by the Board of Directors may be approved ahead of an otherwise qualified non-sibling applicant who submitted an earlier application as identified by the application's date and time stamp.

Students who have a parent or guardian who is an active-duty member of the military and who has been transferred to and resides on a military base may submit an application and transfer at any time if the student’s application:
1.	Is filed with the nonresident school district within fifteen (15) days of the parent's or guardian's arrival on the military base;
2.	Includes the parent's or guardian's military transfer orders; and
3.	Includes the parent's or guardian's proof of residency on the military base.

The approval of any application for a choice transfer into the District is potentially limited by the applicant's resident district's statutory limitation of losing no more than three percent (3%) of its past year's student enrollment due to Standard School Choice. As such, any District approval of a choice application prior to July 1 is provisional pending a determination that the resident district's three percent (3%) cap has not been reached. The superintendent shall contact a student’s resident district to determine if the resident district’s three percent (3%) cap has been met.

No earlier than January 1 of each year, the Superintendent will consider all properly submitted applications for School Choice. By July 1, the Superintendent shall notify the parent and the student’s resident district, in writing, of the decision to accept or reject the application.

Accepted Applications

Applications which fit within the District's stated capacity standards shall be provisionally accepted, in writing, with the notification letter stating a reasonable timeline by which the student shall enroll in the District by taking the steps detailed in the letter, including submission of all required documents. If the student fails to enroll within the stated timeline, or if all necessary steps to complete the enrollment are not taken, or examination of the documentation indicates the applicant does not meet the District's stated capacity standards, the acceptance shall be null and void.7

A student, whose application has been accepted and who has enrolled in the District, is eligible to continue enrollment until completing his/her secondary education. Continued enrollment is conditioned upon the student meeting applicable statutory and District policy requirements. Any student who has been accepted under choice and who fails to initially enroll under the timelines and provisions provided in this policy; chooses to return to his/her resident district; or enrolls in a home school or private school voids the transfer and must reapply if, in the future, the student seeks another school choice transfer. A subsequent transfer application will be subject to the capacity standards applicable to the year in which the application is considered by the District.

A present or future sibling of a student who continues enrollment in this District may enroll in the District by submitting a Standard School Choice application. Applications of siblings of presently enrolled choice students are subject to the provisions of this policy including the capacity standards applicable to the year in which the sibling's application is considered by the District. A sibling who enrolls in the District through Standard School Choice is eligible to remain in the District until completing his/her secondary education.

Students whose applications have been accepted and who have enrolled in the district shall not be discriminated against on the basis of gender, national origin, race, ethnicity, religion, or disability.

Rejected Applications

The District may reject an application for a transfer into the District under Standard School Choice due to a lack of capacity. However, the decision to accept or reject an application may not be based on the student’s previous academic achievement, athletic or other extracurricular ability, English proficiency level, or previous disciplinary proceedings other than a current expulsion.8

An application may be provisionally rejected if it is for an opening that was included in the District's capacity resolution, but was provisionally filled by an earlier applicant. If the provisionally approved applicant subsequently does not enroll in the District, the provisionally rejected applicant could be provisionally approved and would have to meet the acceptance requirements to be eligible to enroll in the District.

An application may be provisionally rejected if the student’s application was beyond the student’s resident district’s three percent (3%) cap. The student’s resident district is responsible for notifying this District that it is no longer at its three percent (3%) cap. If a student’s application was provisionally rejected due to the student’s resident district having reached its three percent (3%) cap and the student’s resident district notifies this District that it has dropped below its three percent (3%) cap prior to July 1, then the provisional rejection may be changed to a provisional acceptance and the student would have to meet the acceptance requirements to be eligible to enroll in the District.

Rejection of applications shall be in writing and shall state the reason(s) for the rejection. Unless the student’s application was rejected due to the application not being timely received by both the resident and nonresident districts, a student whose application was rejected may request a hearing before the State Board of Education to reconsider the application. The request for a hearing must be submitted in writing to the State Board within ten (10) days of receiving the rejection letter from the District.

Any applications that are denied due to the student’s resident district reaching the three percent (3%) limitation cap shall be given priority for a choice transfer the following year in the order that the District received the original applications.

Transfers Out of the District

All Standard School Choice applications shall be granted unless the approval would cause the District to have a net enrollment loss (students transferring out minus those transferring in) of more than three percent (3%) of the average daily membership on October 1 of the immediately preceding year. By December 15 of each year, DESE shall determine and notify the District of the net number of allowable choice transfers. Students are not counted for the purpose of determining the three percent (3%) cap if the student transfers:
•	Through Opportunity School Choice due to the school receiving a rating of “F” or a district classified as in need of Level 5 Intensive Support under A.C.A. § 6-18-227;
•	Due to the district’s identification of Facilities Distress under A.C.A. § 6-21-812; or
•	Through the Foster Child School Choice under A.C.A. § 6-18-233.

If, prior to July 1, the District receives sufficient copies of requests from other districts for its students to transfer to other districts to trigger the three percent (3%) cap, it shall notify each district the District received Standard School Choice applications from that it has tentatively reached the limitation cap. The District will use confirmations of approved choice applications from receiving districts to make a final determination of which applications it received that exceeded the limitation cap and notify each district that was the recipient of an application to that effect.9 The District shall immediately notify all receiving districts if it should drop back below its three percent (3%) cap prior to July 1.

When the last successful application requesting to transfer out of the District before the District’s three percent (3%) cap was triggered belonged to an individual who was a member of a group of siblings who applied to transfer out of the District,, the District shall allow all members of the individual’s sibling group to transfer out of the District even though these applications are beyond the District’s transfer cap.

Facilities Distress School Choice Applications

There are a few exceptions from the provisions of the rest of this policy that govern choice transfers triggered by facilities distress. Any student attending a school district that has been identified as being in facilities distress may transfer under the provisions of this policy, but with the following four (4) differences:
•	The receiving district cannot be in facilities distress;
•	The transfer is only available for the duration of the time the student's resident district remains in facilities distress;
•	The student is not required to meet the May 1 application deadline; and
•	The student's resident district is responsible for the cost of transporting the student to this District's school.

Opportunity School Choice

Transfers Into or Within the District10

For the purposes of this section of the policy, a “lack of capacity”11 is defined as when the receiving school has reached the maximum student-to-teacher ratio allowed under federal or state law, the DESE Rules for the Standards for Accreditation, or other applicable rules. There is a lack of capacity if, as of the date of the application for Opportunity School Choice, ninety-five percent (95%) or more of the seats at the grade level at the nonresident school are filled.

Unless there is a lack of capacity11 at the District’s school or the transfer conflicts with the provisions of a federal desegregation order applicable to the District, a student may transfer from the student’s assigned school to another school in the District10 or from the student’s resident district into the District if:
•	Either:
o	The student’s resident district has been classified by the state board as in need of Level 5 — intensive support; or
o	The student’s assigned school has a rating of "F"; and
•	The student’s parent, guardian, or the student if the student is over eighteen (18) years of age has submitted an application of the student’s request to transfer by no earlier than January 1 and no later than May 1 of the school year before the school year the student intends to transfer to both the sending and receiving school districts.:

A student is not required to meet the May 1 application deadline if the student has a parent or guardian who is an active-duty member of the military and who has been transferred to and resides on a military base. The student may transfer at any time if the student’s application:
a.	Is filed with the nonresident school district within fifteen (15) days of the parent's or guardian's arrival on the military base;
b.	Includes the parent's or guardian's military transfer orders; and
c.	Includes the parent's or guardian's proof of residency on the military base.

Except for those students who are applying to transfer within the time permitted due to the student’s parent or guardians’ military service or seeking to transfer within the District, the Superintendent shall notify in writing the parent or guardian, or the student if the student is over eighteen (18) years of age, and the student’s resident district whether the Opportunity School Choice application has been accepted or rejected by no later than July 1 of the school year the student is seeking to enroll. If the student is seeking a transfer due to the student’s parent or guardian’s military service or seeking a transfer within the District, the Superintendent shall notify in writing the parent or guardian, or the student if the student is over eighteen (18) years of age, whether the Opportunity School Choice application has been accepted or rejected within fifteen (15) days from receipt of the student’s application. The notification shall be sent via First-Class Mail to the address on the application.

If the application is accepted, the notification letter shall state the deadline by which the student must enroll in the receiving school or the transfer will be null and void. 

If the District rejects the application, the District shall state in the notification letter the specific reasons for the rejection.12 A parent or guardian, or the student if the student is over eighteen (18) years of age, may appeal the District’s decision to deny the application to the State Board of Education. The appeal must be in writing to the State Board of Education via hand delivery or certified mail, return receipt requested, no later than ten (10) calendar days, excluding weekends and legal holidays, after the notice of rejection was received from the District.

A student’s transfer under Opportunity School choice is effective at the beginning of the next school year and the student’s enrollment is irrevocable for the duration of the school year and is renewable until the student completes high school or is beyond the legal age of enrollment. This provision for continuing eligibility under Opportunity School Choice does not negate the student's right to apply for transfer to a district other than the student's assigned school or resident district under the Standard School Choice provisions of this policy.

The District may, but is not obligated to provide transportation to and from the transferring district.13

Transfers out of, or within, the District10

If a District school receives a rating of “F” or the District has been classified by the State Board as in need of Level 5 Intensive Support, the District shall timely notify parents, guardians, or students, if over eighteen (18) years of age, as soon as practicable after the school or district designation is made of all options available under Opportunity School Choice. The District shall offer the parent or guardian, or the student if the student is over eighteen (18) years of age, an opportunity to submit an application to enroll the student in: 

A school district that has not been classified by the State Board as in need of Level 5 Intensive Support; or
1.	If there is more than one school within the District covering the grade level of the student seeking to transfer that does not have a rating of “F”, a public school within the District that is nearest to the student’s legal residence that does not have a rating of “F”; or
2.	If there is not more than one school within the District covering the grade level of the student seeking to transfer that does not have a rating of “F”, a public school that does not have a rating of “F” within a School district that has not been classified by the State Board as in need of Level 5 Intensive Support.

Additionally, the District shall request public service announcements to be made over the broadcast media and in the print media at such times and in such a manner as to inform parents or guardians of students in adjoining districts of the availability of the program, the application deadline, and the requirements and procedure for nonresident students to participate in the program.14

Unsafe School Choice Program

Any student that becomes the victim of a violent criminal offense while in or on the grounds of a District school or who is attending a school classified by DESE as a persistently dangerous public school shall be allowed to attend a safe public school within the District.

Notes:	1 Select the version of the desegregation order that applies to your district.

2 A.C.A. § 6-13-113 requires a district under a desegregation court order or court-approved desegregation plan to submit to DESE by January 1, 2016:
•	A copy of the desegregation order or desegregation-related order;
•	The case heading and case number of each court case in which the order was entered;
•	The name and location of each court that maintains jurisdiction over the order; and
•	A description of the school choice student transfer desegregation obligations, if any, that the school district is subject to, related to the order.
Should the district be released by the court, the district is responsible to promptly notify DESE. DESE will post all districts who have submitted the proper paperwork on its website.

In addition, A.C.A. § 6-18-1906 requires districts claiming an exemption based on a desegregation order/desegregation plan to submit documentation by January 1 of each year that contains the following:
o	Documentation that the desegregation order or court-approved desegregation plan is still active and enforceable; and 
o	Documentation showing the specific language the school district believes limits its participation in Standard School Choice.

DESE will notify the district within thirty (30) calendar days of receipt of the submitted documentation whether or not it is required to participate in standard school choice. If DESE does not provide a written exemption to the district, then the district is required to participate in Standard School Choice. The district may submit a written petition to the State Board to review DESE’s decision.

3 If your district doesn't meet the provisions of this paragraph, delete it and, for your master copy of the policy, renumber the remaining footnotes accordingly.

While the policy language requiring the district to notify its contiguous districts that it is exempt from the school choice provisions is not statutorily required, it is advocated by Commissioner's Memo Com-13-061 and we believe it is necessary if potential receiving districts are going to be able to intelligently inform parents who have applied to their school.

4 If the desegregation court order/court-approved desegregation plan your district is under would prohibit standard school choice but would not prohibit Opportunity School Choice, remove the references to Opportunity Choice in this paragraph and add the following sentence:
While the District’s desegregation court order/court-approved-desegregation-plan exempts the District from the provisions of Standard School Choice, the District’s desegregation court order/court-approved-desegregation-plan does not exempt it from the transfer provisions of the Arkansas Opportunity Public School Choice Act (Opportunity School Choice).

We advise districts to consult with their attorney about the district’s desegregation court order/court-approved-desegregation-plan applicability to the exemption provisions in A.C.A. § 6-18-1906 and A.C.A. § 6-18-227 and whether you will need to include both, either, or neither policy provisions on standard School Choice or Opportunity School Choice in your final version of this policy.

5 For the Resolution, see Form 4.5F. There is no real flexibility in setting capacity as you can no longer take growth into account when setting slots for Standard School Choice. Districts may only deny a transfer if the transfer would place the district above the ninety percent (90%) maximum under law or the student’s resident district has reached its three percent (3%) cap. Your application of a lack of capacity must be consistent; you can't choose to add a teacher due to accepting a student, but refuse to add a staff member because the applicant requires special education.

Once the resolution has been made, the Board's role in determining acceptance is finished and no further board action is required to accept school choice students.

6 The statute does not stipulate a date and you can choose your own, but it should give parents a reasonable opportunity to submit their application. While the statute gives districts a choice between advertising in print or on the Internet, it also doesn't prohibit advertising in both. To help inform parents before they try to apply so they will know in advance if it's actually a possibility that their child could be accepted, we suggest either including your capacity resolution in the public announcements or state where the resolution can be found.

7 Consider the following about the timing of your acceptance of an application and why it's important to provisionally accept each application until the notification letter is returned to you:
 The later you accept an application, the more confident you can be about accepting or denying based on capacity. (For example, have as many students as usual moved into your district and were they in the expected grade level patterns?) However, an earlier, provisional, acceptance, such as June 1, gives you more time to determine through the use of your acceptance notification letter whether the student's reality matches the information supplied on the application. For example, would the applicant have been held back in 3rd grade in the resident school and the parent is trying to keep that from happening by transferring. While you may have an opening in 4th grade (the grade the parent would have applied for), you may not have an opening in 3rd grade and so would need to deny the application once the paperwork was submitted.

Another example would be an application for a kindergarten choice transfer. When reviewing the completed paperwork, you discover the child is medically fragile and will require additional staff to meet the student's needs. Provisional acceptance gives you the time and opportunity to reconsider your acceptance and still meet the July 1 deadline.

8 You are required to hold a hearing before the board of directors about the student's expulsion. (See A.C.A. § 6-18-510.) It is possible that the expulsion was for a disciplinary infraction that does not result in expulsion in your district. If this is the case, you have the choice of whether or not to admit the student under school choice due to the resident district's expulsion of the student, but you may NOT deny a student unless you hold a hearing.

9 The "shalls" used in this paragraph are not statutorily required (The Public School Choice Act of 2015 simply doesn't address the issue), but without notification to the non-resident district, there is no way for the non-resident district to know when the cap has been reached.

10 Only include "or within" if your district has more than one school with the same grade(s).

11 The capacity standards under "Opportunity Choice" are slightly more strict than under "Standard Choice" standards and are limited to what is stated in the policy. Additionally, by Rule, you are required to base your decision on ninety-five (95%) of capacity at the time of the application with no provision for consideration of your district's normal growth. Just as with Standard School Choice, your application of a lack of capacity must be consistent; you can't choose to add a teacher due to accepting a student, but refuse to add a staff member because the applicant requires special education.

12 The student or his/her parents may appeal to the State Board a decision to deny admission.

13 Sending districts are required to spend up to four hundred dollars ($400) per year to transport the student. The statute and the Rules are unclear. They both state that receiving districts may transport opportunity choice students, but sending districts shall pay up to four hundred dollars ($400) per year to transport the student. The policy’s language makes no attempt to settle the discrepancy. The financial responsibility of the transferring district goes away when the school no longer has a rating of “F” or the student’s resident district is no longer classified by the state board as in need of Level 5 — intensive support. At that time the statute states that the receiving district may choose to pay for the transportation.

14 Opportunity Choice does not give you the option contained in Standard Choice of advertising on the Internet in place of print media.

Legal References:	A.C.A. § 6-1-106
A.C.A. § 6-13-113
A.C.A. § 6-15-2915
A.C.A. § 6-18-227
A.C.A. § 6-18-233
A.C.A.  §6-18-320
A.C.A. § 6-18-510
A.C.A. § 6-18-1901 et seq.
A.C.A. § 6-21-812
DESE Rules Governing Public School Choice

Date Adopted:  June 16, 2008
Last Revised:  April 18, 2022

4.6—HOME SCHOOLING

Enrollment in Home School
Parents or legal guardians desiring to provide a home school for their children shall give written notice to the Superintendent of their intent to home school. The notice shall be given:
1.	At the beginning of each school year, but no later than August 15;
2.	Five (5) school days prior to withdrawing the child (provided the student is not currently under disciplinary action for violation of any written school policy, including, but not limited to, excessive absences) and at the beginning of each school year thereafter; or
3.	Within thirty (30) calendar days of the parent or legal guardian establishing residency within the district during the school year.

Written notice of the parent or legal guardian’s intent to home school shall be delivered to the Superintendent through any of the following methods:
•	Electronically, including without limitation by:
•	Use of the Division of Elementary and Secondary Education’s (DESE) online system;
•	Email; or
•	Facsimile;
•	By mail; or
•	In person.

The notice shall include:
a.	The name, sex, date of birth, grade level, and the name and address of the school last attended, if any;
b.	The mailing address and telephone number of the home school;
c.	The name of the parent or legal guardian providing the home school;
d.	Indicate if the home-schooled student intends to participate in extracurricular activities during the school year;
e.	A statement of whether the home-schooled student plans to seek a high school equivalency diploma during the current school year;
f.	A statement that the parent or legal guardian agrees that the parent or legal guardian is responsible for the education of their children during the time the parents or legal guardians choose to home school; and
g.	A signature of the parent or legal guardian.

To aid the District in providing a free and appropriate public education to students in need of special education services, the parents or legal guardians home-schooling their children shall provide information that might indicate the need for special education services.

A student who has been temporarily issued items, resources, supplies, materials, or other property belonging to the District is eligible for enrollment in a home school during the school year after:
o	The items, resources, supplies, materials, or other property belonging to the District have been returned to the District;
o	The items, resources, supplies, materials, or other property belonging to the District have been paid for; or
o	The semester has ended.
The superintendent or the board of directors may waive the required five (5) school day waiting period for a student’s enrollment in home school during a semester if the superintendent or the board of directors is satisfied with the return of temporarily issued items, resources, supplies, materials, or other District property .

Enrollment or Re-Enrollment in Public School
A home-schooled student who wishes to enroll or re-enroll in a District school shall submit:
•	A transcript listing all courses taken and semester grades from the home school;
•	Score of at least the thirtieth percentile on a nationally recognized norm-referenced assessment taken in the past year; and
•	A portfolio of indicators of the home-schooled student's academic progress, including without limitation:
o	Curricula used in the home school;
o	Tests taken and lessons completed by the home-schooled student; and
o	Other indicators of the home-schooled student's academic progress.

If a home-schooled student is unable to provide a nationally recognized norm-referenced score, the District may either assess the student using a nationally recognized norm-referenced assessment or waive the requirement for a nationally recognized norm-referenced assessment score.

A home-schooled student who enrolls or re-enrolls in the District will be placed at a grade level and academic course level equivalent to or higher than the home-schooled student's grade level and academic course level in the home school:
1.	As indicated by the documentation submitted by the home-schooled student;
2.	By mutual agreement between the public school and the home-schooled student's parent or legal guardian; or
3.	If the home-schooled student fails to provide the documentation required by this policy, with the exception of the nationally recognized norm-referenced assessment score, the District may have sole authority to determine the home-schooled student's grade placement and course credits. The District will determine the home-schooled student’s grade placement and course credits in the same manner the District uses when determining grade placement and course credits for students enrolling or re-enrolling in the District who attended another public or private school.

The District shall afford a home-schooled student who enrolls or re-enrolls in a public school the same rights and privileges enjoyed by the District’s other students. The District shall not deny a home-schooled student who enrolls or re-enrolls in the District any of the following on the basis of the student having attended a home school:
a.	Award of course credits earned in the home school;
b.	Placement in the proper grade level and promotion to the next grade level;
c.	Participation in any academic or extracurricular activity;
d.	Membership in school-sponsored clubs, associations, or organizations;
e.	A diploma or graduation, so long as the student has enrolled or re-enrolled in the District to attend classes for at least the nine (9) months immediately prior to graduation; or
f.	Scholarships.

Legal References:	A.C.A. § 6-15-503
A.C.A. § 6-15-504
A.C.A. § 6-41-103
DESE Rules Governing Home Schools

Date Adopted:  June 16, 2008
Last Revised:  June 21, 2021

4.7—ABSENCES

If any student’s Individual Education Program (IEP) or 504 Plan conflicts with this policy, the requirements of the student’s IEP or 504 Plan take precedence.

Education is more than the grades students receive in their courses. Important as that is, students’ regular attendance at school, whether in person or digitally, is essential to their social and cultural development and helps prepare them to accept responsibilities they will face as an adult. Interactions with other students and participation in the instruction within the classroom enrich the learning environment and promote a continuity of instruction which results in higher student achievement.

Absences for students enrolled in synchronous digital courses shall be determined in the same manner as for District students attending courses in person.1

Absences for students enrolled in asynchronous digital courses shall be determined by completion of assignments in the course.
	
Excused Absences

Excused absences are those where the student was on official school business or when the absence was due to one of the following reasons The student’s illness or when attendance could jeopardize the health of other students. A maximum of six (6) such days are allowed per semester unless the condition(s) causing such absences is of a chronic or recurring nature, is medically documented, and approved by the principal2
1.	Death or serious illness in their immediate family;3
2.	Observance of recognized holidays observed by the student's faith;
3.	Attendance at an appointment with a government agency;
4.	Attendance at a medical appointment;
5.	Exceptional circumstances with prior approval of the principal; 
6.	Participation in an FFA, FHA, or 4-H sanctioned activity;
7.	Participation in the election poll workers program for high school students.
8.	Absences granted to allow a student to visit his/her parent or legal guardian who is a member of the military and been called to active duty, is on leave from active duty, or has returned from deployment to a combat zone or combat support posting. The number of additional excused absences shall be at the discretion of the superintendent or designee.
9.	Absences granted, at the Superintendent's discretion, to seventeen (17) year-old students who join the Arkansas National Guard while in eleventh grade to complete basic combat training between grades eleven (11) and (12).
10.	Absences for students excluded from school by the Arkansas Department of Health during a disease outbreak because the student has an immunization waiver or whose immunizations are not up to date.4

Students who serve as pages for a member of the General Assembly shall be considered on instructional assignment and shall not be considered absent from school for the day the student is serving as a page.5

In order for the absence to be considered excused, the student must:
a.	Bring a written statement to the principal or designee upon the student’s return to school from the student’s parent or legal guardian stating the reason for the student’s absence; or
b.	If the student is attending the District’s courses digitally, upload a written statement from the student’s parent or legal guardian stating the reason for the student’s absence through the District’s digital course management platform for review by the principal or designee.
A written statement presented or uploaded for an absence having occurred more than five (5) school days prior to its presentation or upload will not be accepted.

Unexcused Absences

Absences that are not defined above; do not have an accompanying note from the parent;, legal guardian;, person having lawful control of the student;, or person standing in loco parentis,; or have an accompanying note that is not presented or uploaded within the timeline required by this policy, shall be considered as unexcused absences. Students with (11) unexcused absences in a course in a semester may not receive credit for that course. At the discretion of the principal after consultation with persons having knowledge of the circumstances of the unexcused absences, the student may be denied promotion or graduation. Excessive absences shall not be a reason for expulsion or dismissal of a student.

When a student has (5) unexcused absences, his/her parents, legal guardians, persons with lawful control of the student, or persons standing in loco parentis shall be notified. Notification shall be by telephone by the end of the school day in which such absence occurred or by regular mail with a return address sent no later than the following school day.

Whenever a student exceeds (10) unexcused absences in a semester, the District shall notify the prosecuting authority and the parent, legal guardian, person having lawful control of the student, or persons standing in loco parentis shall be subject to a civil penalty as prescribed by law. 

It is the Arkansas General Assembly’s intention that students having excessive absences be given assistance in obtaining credit for their courses. Therefore, at any time prior to when a student exceeds the number of unexcused absences permitted by this policy, the student, or his/her parent, legal guardian, person with lawful control of the student, or person standing in loco parentis may petition the school or district’s administration for special arrangements to address the student’s unexcused absences. If formal arrangements are granted, they shall be formalized into a written agreement which will include the conditions of the agreement and the consequences for failing to fulfill the agreement’s requirements. The agreement shall be signed by the student,; the student’s parent;, legal guardian;, person having lawful control of the student;, or person standing in loco parentis,; and the school or district administrator or designee.8

Students who attend in-school suspension shall not be counted absent for those days. 9

Days missed due to out-of-school suspension or expulsion shall be unexcused absences.9

The District shall notify the Department of Finance and Administration whenever a student fourteen (14) years of age or older is no longer in school. The Department of Finance and Administration is required to suspend the former student’s operator’s license unless he/she meets certain requirements specified in the statute.

Cross References:	4.8—MAKE-UP WORK
4.57—IMMUNIZATIONS
5.11—DIGITAL LEARNING COURSES

Legal References:	A.C.A. § 6-4-302
A.C.A. § 6-18-209
A.C.A. § 6-18-213
A.C.A. § 6-18-220
A.C.A. § 6-18-222
A.C.A. § 6-18-229
A.C.A. § 6-18-231
A.C.A. § 6-18-507(g)
A.C.A. § 6-18-702
A.C.A. § 6-28-114
A.C.A. § 7-4-116
A.C.A. § 9-28-113(f)
A.C.A. § 27-16-701
Division of Elementary and Secondary Education Rules Governing Distance and Digital Learning

Date Adopted:  June 16, 2008
Last Revised:  June 21, 2021

4.8—MAKE-UP WORK

Students who miss school due to an absence shall be allowed to make up the work they missed during their absence under the following rules. 

1.	Students are responsible for asking the teachers of the classes they missed what assignments they need to make up. 

2.	Teachers are responsible for providing the missed assignments when asked by a returning student.

3.	Students are required to ask for their assignments on their first day back at school or their first class day after their return.

4.	Make up tests are to be rescheduled at the discretion of the teacher, but must be aligned with the schedule of the missed work to be made up.

5.	Students shall have one class day to make up their work for each class day they are absent.

6.	Students are responsible for turning in their make-up work without the teacher having to ask for it.

7.	Students who are absent on the day their make-up work is due must turn in their work the day they return to school whether or not the class for which the work is due meets the day of their return.

8.	As required/permitted by the student’s Individual Education Program or 504 Plan.

Work for students serving an out-of-school suspension or expulsion shall be in accordance with the District’s programs, measures, or alternative means and methods to continue student engagement and access to education during the student’s period of suspension or expulsion, including offering an expelled student an opportunity for enrollment in digital learning courses or other alternative educational courses that result in the receipt of academic credit that is at least equal to credit the expelled student may have received from the District if the student had not been expelled.6

Cross References:	4.7—ABSENCES
4.30—SUSPENSION FROM SCHOOL
4.31—EXPULSION
4.57—IMMUNIZATIONS

Legal References:	A.C.A. § 6-16-1406
A.C.A. § 6-18-502
DESE Rules Governing Student Discipline and School Safety

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

4.9—TARDIES

Promptness is an important character trait that District staff is to encourage to model and help develop in our schools’ students. At the same time, promptness is the responsibility of each student. Students who are late to class show a disregard for both the teacher and their classmates which compromises potential student achievement.

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

4.10—CLOSED CAMPUS

All schools in the District shall operate closed campuses. Students are required to stay on campus from their arrival until dismissal at the end of the regular school day unless given permission to leave the campus by a school official. Students must sign out in the office upon their departure.

Date Adopted:  June 16, 2008
Last Revised:  July 16, 2012

4.11—EQUAL EDUCATIONAL OPPORTUNITY

No student in the Salem School District shall, on the grounds of race, color, religion, national origin, sex, age, or disability be excluded from participation in, or denied the benefits of, or subjected to discrimination under any educational program or activity sponsored by the District.

Any person may report sex discrimination, including sexual harassment, to the Title IX Coordinator in person or by using the mailing address, telephone number, or email address provided above. A report may be made at any time, including during non-business hours, and may be on the individual’s own behalf or on behalf of another individual who is  the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment.

For further information on notice of non-discrimination or to file a complaint, visit https://www2.ed.gov/about/offices/list/ocr/complaintintro.html; for the address and phone number of the office that serves your area, or call 1-800-421-3481.

Legal References:	A.C.A. § 6-10-132
A.C.A. § 6-18-514
28 C.F.R. § 35.106
34 C.F.R. § 100.6
34 C.F.R. § 104.8
34 C.F.R. § 106.8
34 C.F.R. § 106.9
34 C.F.R. § 108.9
34 C.F.R. § 110.25

Date Adopted:  June 16, 2008
Last Revised:  April 18, 2022

4.12—STUDENT ORGANIZATIONS/Equal  Access

Noncurriculum-related secondary school student organizations wishing to conduct meetings on school premises during noninstructional time shall not be denied equal access on the basis of the religious, political, philosophical, or other content of the speech at such meetings. Such meetings must meet the following criteria.

1.	The meeting is to be voluntary and student initiated;
2.	There is no sponsorship of the meeting by the school, the government, or its agents or employees;
3.	The meeting must occur during noninstructional time;
4.	Employees or agents of the school are present at religious meetings only in a nonparticipatory capacity;
5.	The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and
6.	Nonschool persons may not direct, conduct, control, or regularly attend activities of student groups.

All meetings held on school premises must be scheduled and approved by the principal. The school, its agents, and employees retain the authority to maintain order and discipline, to protect the well being of students and faculty, and to assure that attendance of students at meetings is voluntary.      

Fraternities, sororities, and secret societies are forbidden in the District’s schools. Membership to student organizations shall not be by a vote of the organization’s members, nor be restricted by the student’s race, religion, sex, national origin, or other arbitrary criteria.  Hazing, as defined by law, is forbidden in connection with initiation into, or affiliation with, any student organization, extracurricular activity or sport program.
Students who are convicted of participation in hazing or the failure to report hazing shall be expelled.  

Note:  A.C.A. § 6-5-202 requires the automatic expulsion of a student who is convicted of hazing.

Legal References:	A.C.A. § 6-5-201 et seq.
A.C.A. § 6-10-132
A.C.A. § 6-18-60 et seq.
A.C.A. § 6-21-201 et seq.
20 U.S.C. 4071 Equal Access Act
Board of Education of the Westside Community Schools v. Mergens, 496 U.S. 226 (1990)

Date Adopted:  June 16, 2008
Last Revised:  June 22, 2018

4.13—PRIVACY OF STUDENTS’ RECORDS/ DIRECTORY INFORMATION

Except when a court order regarding a student has been presented to the district to the contrary, all students’ education records are available for inspection and copying by the parents of  his/her student who is under the age of eighteen (18). At the age of eighteen (18), the right to inspect and copy a student’s records transfers to the student. A student’s parent or the student, if over the age of 18, requesting to review the student’s education records will be allowed to do so within no more than forty five (45) days of the request.  The district forwards education records, including disciplinary records, to schools that have requested them and in which the student seeks or intends to enroll, or is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer.

The district shall receive written permission before releasing education records to any agency or individual not authorized by law to receive and/or view the education records without prior parental permission. The District shall maintain a record of requests by such agencies or individuals for access to, and each disclosure of, personally identifiable information from the education records of each student. Disclosure of education records is authorized by law to school officials with legitimate educational interests. A personal record kept by a school staff member is not considered an education record if it meets the following tests. 
•	it is in the sole possession of the individual who made it;
•	it is used only as a personal memory aid; and
•	information contained in it has never been revealed or made available to any other person, except the maker’s temporary substitute.

For the purposes of this policy a school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the school has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

For the purposes of this policy 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, contracted duty, or duty of elected office.

In addition to releasing PII to school officials without permission, the District may disclose PII from the education records of students in foster care placement to the student’s caseworker or to the caseworker’s representative without getting prior consent of the parent (or the student if the student is over eighteen (18)). For the District to release the student’s PII without getting permission:
•	The student must be in foster care;
•	The individual to whom the PII will be released must have legal access to the student’s case plan; and
•	The Arkansas Department of Human Services, or a sub-agency of the Department, must be legally responsible for the care and protection of the student.

The District discloses personally identifiable information from an education record to appropriate parties, including parents, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. The superintendent or designee shall determine who will have access to and the responsibility for disclosing information in emergency situations.

When deciding whether to release personally identifiable information in a health or safety emergency, the District may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals.  If the District determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.
For purposes of this policy, the Salem School District does not distinguish between a custodial and noncustodial parent, or a non-parent such as a person acting in loco parentis or a foster parent with respect to gaining access to a student’s records. Unless a court order restricting such access has been presented to the district to the contrary, the fact of a person’s status as parent or guardian, alone, enables that parent or guardian to review and copy his child’s records.

If there exists a court order which directs that a parent not have access to a student or his records, the parent, guardian, person acting in loco parentis, or an agent of the Department of Human Services must present a file-marked copy of such order to the building principal and the superintendent. The school will make good-faith efforts to act in accordance with such court order, but the failure to do so does not impose legal liability upon the school. The actual responsibility for enforcement of such court orders rests with the parents or guardians, their attorneys and the court which issued the order.

A parent or guardian does not have the right to remove any material from a student’s records, but such parent or guardian may challenge the accuracy of a record. The right to challenge the accuracy of a record does not include the right to dispute a grade, disciplinary rulings, disability placements, or other such determinations, which must be done only through the appropriate teacher and/or administrator, the decision of whom is final. A challenge to the accuracy of material contained in a student’s file must be initiated with the building principal, with an appeal available to the Superintendent or his designee. The challenge shall clearly identify the part of the student’s record the parent wants changed and specify why he/she believes it is inaccurate or misleading. If the school determines not to amend the record as requested, the school will notify the requesting parent or student of the decision and inform them of their right to a hearing regarding the request for amending the record. The parent or eligible student will be provided information regarding the hearing procedure when notified of the right to a hearing.

Unless the parent or guardian of a student (or student, if above the age of eighteen [18]) objects, directory information about a student may be made available to the public, military recruiters, post secondary educational institutions, prospective employers of those students, as well as school publications such as annual yearbooks and graduation announcements. “Directory information” includes, but is not limited to, a student’s name, address, telephone number, electronic mail address, photograph, date and place of birth, dates of attendance,4 his/her placement on the honor role (or the receipt of other types of honors), as well as his/her participation in school clubs and extracurricular activities, among others. If the student participates in inherently public activities (for example, basketball, football, or other interscholastic activities), the publication of such information will be beyond the control of the District. A student’s name and photograph will only be displayed on the district or school’s web page(s) after receiving the written permission from the student’s parent or student if over the age of 18.

The form for objecting to making directory information available is located in the back of the student handbook and must be completed and signed by the parent or age-eligible student and filed with the building principal’s office no later than ten (10) school days after the beginning of each school year or the date the student is enrolled for school. Failure to file an objection by that time is considered a specific grant of permission. The district is required to continue to honor any signed-opt out form for any student no longer in attendance at the district.

The right to opt out of the disclosure of directory information under FERPA does not prevent the District from disclosing or requiring a student to disclose the student's name, identifier, or institutional email address in a class in which the student is enrolled.

Parents and students over the age of 18 who believe the district has failed to comply with the requirements for the lawful release of student records may file a complaint with the U.S. Department of Education at

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

Notes: 	With very few exceptions; Health Insurance Portability and Accountability Act (HIPAA) privacy requirements don't apply to public K-12 schools and, for that reason, ASBA has no model policy addressing HIPAA. An excellent explanation of the relation between FERPA and HIPAA is available at https://arsba.org/policy-resources.

Districts must annually notify parents or students if over the age of 18 of the provisions of this policy and “…shall effectively notify parents who have a primary or home language other than English.” (34 CFR 99.7(b)(2)

Districts may release directory information (DI) (as presently defined by the district) of former students to the extent there is not a signed prohibition against such release. As the definition of DI changes over time (for example, the addition of email addresses to the definition of DI), districts may release DI according to the current definition. It also applies to the release of information that is now defined as DI for students who left the district prior to 1974, when there was no such thing as DI.

As stated in this policy, once a student turns 18, the rights to his/her educational records transfers to the student. The release of educational records to a parent becomes permissive and not a right. At that point, the school gets to decide if it wants to release educational records to parents. The student, however, doesn’t have the right to object one way or the other. If the parents don’t establish dependency, once the student turns 18, the parents don’t have an absolute right to see their student’s educational records. “Dependency” in this regard is defined according to the IRS; if the student is claimed by either of their parents (regardless of custody issues, or filing jointly or separately) as a dependent, then the rights of the parent once the student turns 18 is as described. Without dependency, the parents have no right to see their student’s educational records once the student turns 18.

There are several areas of permissible release of students' PII that are not mentioned in this policy (it's not required and would make the policy very long), but that are listed in 34 CFR 99.31. One of the areas that has been greatly elaborated on in the DOE Rules, released 12/2/11, relates to the district's release of PII to an “authorized representative” for the purpose conducting an audit or evaluation of federal or state education programs. This new area is covered in 34 CFR 99.35. Both documents are available by calling the ASBA office and requesting a copy. They could come in handy when answering parents' questions regarding the release of PII.

The Arkansas Supreme Court, Division of Elementary and Secondary Education, and ASBA collaborated in the creation of a form in an effort to aid juvenile intake and probation officers in acquiring necessary information for the officer to make more knowledgeable decisions/recommendations on a course of action for each juvenile’s case. The Form allows for parents to authorize the officer to access certain portions of the student’s education records and the parent’s ESchool PLUS Home Access Center. The form, when completed by the parent and probation officer, will be sent to the district by the officer. A copy of the form, along with a background letter, may be found at https://arsba.org/policy-resources.

1 You may choose a lesser number of days, but you may not exceed 45 days. 
	
2 This paragraph along with the preceding paragraph are added (and permitted) due to the amendments in the Code of Federal Regulations resulting from the Virginia Tech shootings in 2007. The paragraph can also apply to the release of PII to state health officials during outbreaks of communicable diseases. This would apply, for example, to immunization records to determine which students need to be removed from the school. (See Policy 4.34).

3 The requirements for conducting a hearing are addressed in 34 CFR 99.22. The district’s obligations regarding the results of the hearing are covered in 34 CFR 99.21. Both are available by calling the ASBA office and requesting a copy.

4 The 12/2/11 DOE Rules now provide districts with the option of greater specificity in choosing to whom it will release DI. ASBA has not amended the model policy to include this expanded option because we feel it can result in unintentional restrictions for desired release of DI. The following is the language from 34 CFR 99.37 governing this option:
In its public notice to parents and eligible students in attendance, … an educational agency or institution may specify that disclosure of directory information will be limited to specific parties, for specific purposes, or both. When an educational agency or institution specifies that disclosure of directory information will be limited to specific parties, for specific purposes, or both, the educational agency or institution must limit its directory information disclosures to those specified in its public notice.

5 Dates of attendance means the period of time during which a student attends or attended your district, e.g. an academic year or semester. It does not mean specific daily records of attendance.

6 This paragraph is language from the amended 34 CFR 99.37 and is included to help eliminate the potential problem of a student (who is in a class where the student really doesn't want to be - for example JAG), who has opted out of release of DI, refusing to give the information necessary for the class.

Cross References:	Policy 4.34—Communicable Diseases and Parasites
Policy 5.20—District Web Site
Policy 5.20.1—Web Site Privacy Policy
Policy 5.20F1—Permission to Display Photo of Student on Web Site

Legal References:	A.C.A. § 9-28-113(b)(6)
20 U.S.C. § 1232g
20 U.S.C. § 7908
34 CFR 99.3, 99.7, 99.21, 99.22, 99.30, 99.31, 99.32, 99.33, 99.34, 99.35, 99.36, 99.37, 99.63, 99.64

Date Adopted:  June 16, 2008
Last Revised:  April 20, 2020

4.13F—OBJECTION TO PUBLICATION OF DIRECTORY INFORMATION
(Not to be filed if the parent/student has no objection)

I, the undersigned, being a parent of a student, or a student eighteen (18) years of age or older, hereby note my objection to the disclosure or publication by the Salem School District of directory information, as defined in Policy No. 4.13 (Privacy of Students’ Records), concerning the student named below.  The district is required to continue to honor any signed opt-out form for any student no longer in attendance at the district.

I understand that the participation by the below-named student in any interscholastic activity, including athletics and school clubs, may make the publication of some directory information unavoidable, and the publication of such information in other forms, such as telephone directories, church directories, etc., is not within the control of the District.

I understand that this form must be filed with the office of the appropriate building principal within ten (10) school days from the beginning of the current school year or the date the student is enrolled for school in order for the District to be bound by this objection. Failure to file this form within that time is a specific grant of permission to publish such information. 

I object and wish to deny the disclosure or publication of directory information as follows: 

	Deny disclosure to military recruiters ____

	Deny disclosure to Institutions of postsecondary education ____

	Deny disclosure to Potential employers ____

	Deny publication in newspapers and yearbook ____

	
__________________________________________
Name of student (Printed)

_________________________________________
Signature of parent (or student, if 18 or older)

__________________________________________
Date form was filed (To be filled in by office personnel)

4.14—STUDENT Media AND THE DISTRIBUTION OF LITERATURE

Student Media

The Superintendent and the student media advisors(s)1 shall jointly develop administrative regulations for the implementation of this policy. The regulations shall include definitions of terms and the time(s), place(s), and manner(s) of the dissemination of student media, which shall include timelines for the review of materials.

Definitions

“School-sponsored media” means all student media that are:
•	Supported financially by the school;
•	Supported by the use of school facilities; or
•	Produced in conjunction with a class.

“Student journalist” means a student who gathers, writes, edits, photographs, records, video tapes, or prepares information for dissemination in student media.

“Student media” means any means of communication that are:2
o	Prepared, substantially written, published, or broadcasted by a student;
o	Distributed or generally made available, either free of charge or for a fee, to members of the student body; and
o	Prepared under the direction of a student media advisor.
“Student media” does not include media that is intended for distribution or transmission solely in the classroom in which it is produced.

“Student media advisor” means an individual who is employed, appointed, or designated by the District to supervise or provide instruction with respect to student media.

Student Media 

While the District recognizes a student’s right of expression under the First Amendment of the Constitution of the United States, school-sponsored media does not provide an open public forum for public expression. Student media, as well as the content of student expression in school-sponsored activities, shall be subject to the editorial review of the District’s administration, whose actions shall be reasonably related to legitimate pedagogical concerns and adhere to the following limitations:
1.	Advertising may be accepted for media that does not condone or promote products that are inappropriate for the age and maturity of the audience or that endorses such things as tobacco, alcohol, or drugs.
2.	Media may be regulated to prohibit communications determined by the appropriate teacher, student media advisor, and/or administrator, to be ungrammatical; poorly written; inadequately researched; biased or prejudiced; vulgar or profane; or unsuitable for immature audiences.
3.	Media may be regulated to prohibit the dissemination of material that may reasonably be perceived to advocate drug or alcohol use; irresponsible sex; conduct that is otherwise inconsistent with the shared values of a civilized social order; or to associate the school with any position other than neutrality on matters of political controversy.
4.	Prohibited media includes those that:
a.	Are obscene as to minors;
b.	Are libelous or slanderous, including material containing defamatory falsehoods about public figures or governmental officials and made with knowledge of their falsity or a reckless disregard of the truth;
c.	Constitute an unwarranted invasion of privacy as defined by state law;
d.	Suggest or urge the commission of unlawful acts on the school premises;
e.	Suggest or urge the violation of lawful school regulations; 
f.	Attacks ethnic, religious, or racial groups; or
g.	Harass, threaten, or intimidate a student.

Student Media on School Web Pages

Student media displayed on school web pages shall follow the same guidelines as listed above and shall also:
1.	Not contain any non-educational advertisements;
2.	Adhere to the restrictions regarding use of Directory Information as prescribed in Policy 4.13 including not using a student’s photograph when associated with the student’s name unless written permission has been received from the student’s parent or student if over the age of eighteen (18);
3.	State that the views expressed are not necessarily those of the School Board or the employees of the district.

Distribution of Literature

A student or group of students who distribute ten (10) or fewer copies of the same non-school-sponsored literature, publications, or materials shall do so in a time, place, and manner that does not cause a substantial disruption of the orderly education environment. A student or group of students wishing to distribute more than ten (10) copies of non-school-sponsored materials 3 shall have school authorities4 review their non-school-sponsored materials at least three (3) school days5 in advance of their desired time of dissemination. School authorities shall review the non-school-sponsored materials, prior to their distribution and will bar from distribution those non-school-sponsored materials that are obscene, libelous, pervasively indecent, or advertise unlawful products or services. Material may also be barred from distribution if there is evidence that reasonably supports a forecast that a substantial disruption of the orderly operation of the school or educational environment will likely result from the distribution.6 Concerns related to any denial of distribution by the principal shall be heard by the superintendent, whose decision shall be final.

The school principal or designee shall establish reasonable regulations governing the time, place, and manner of student distribution of non-school-sponsored materials. The regulations shall:
1.	Be narrowly drawn to promote orderly administration of school activities by preventing disruption and may not be designed to stifle expression;
2.	Be uniformly applied to all forms of non-school-sponsored materials;
3.	Allow no interference with classes or school activities;
4.	Specify times, places, and manner where distribution may and may not occur7; and
5.	Not inhibit a person’s right to accept or reject any literature distributed in accordance with the regulations.8

Students shall be responsible for the removal of excess literature that is left at the distribution point for more than ___ days.9

Cross References:	1.9—POLICY Formulation
4.13—PRIVACY OF STUDENTS’ RECORDS/ DIRECTORY INFORMATION
4.43—BULLYING

Legal References:	A.C.A. § 6-18-514
A.C.A. § 6-18-1201 et seq. 
Tinker v. Des Moines ISD, 393 U.S. 503 (1969)
Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986)
HazelwoodSchool District v. Kuhlmeier, 484 U.S. 260 (1988)

Date Adopted:  June 16, 2008
Last Revised:  April 20, 2020

4.15—CONTACT WITH STUDENTS WHILE AT SCHOOL

CONTACT BY PARENTS
Parents wishing to speak to their children during the school day shall register first with the office.

CONTACT BY NON-CUSTODIAL PARENTS
If there is any question concerning the legal custody of the student, the custodial parent shall present documentation to the principal or the principal’s designee establishing the parent’s custody of the student. It shall be the responsibility of the custodial parent to make any court ordered “no contact” or other restrictions regarding the non-custodial parent known to the principal by presenting a copy of a file-marked court order. Without such a court order on file, the school will release the child to either of his/her parents. Non-custodial parents who file with the principal a date-stamped copy of current court orders granting unsupervised visitation may eat lunch, volunteer in their child’s classroom, or otherwise have contact with their child during school hours and the prior approval of the school’s principal. Such contact is subject to the limitations outlined in Policy 4.16, Policy 6.5, and any other policies that may apply.

Arkansas law provides that, in order to avoid continuing child custody controversies from involving school personnel and to avoid disruptions to the educational atmosphere in the District’s schools, the transfer of a child between his/her custodial parent and non-custodial parent, when both parents are present, shall not take place on the school’s property on normal school days during normal hours of school operation. The custodial or non-custodial parent may send to/drop off the student at school to be sent to/picked up by the other parent on predetermined days in accordance with any court order provided by the custodial parent or by a signed agreement between both the custodial and non-custodial parents that was witnessed by the student’s building principal.1 Unless a valid no-contact order has been filed with the student’s principal or the principal’s designee, district employees shall not become involved in disputes concerning whether or not that parent was supposed to pick up the student on any given day.

CONTACT BY LAW ENFORCEMENT, SOCIAL SERVICES, OR BY COURT ORDER
State Law requires that Department of Human Services employees, local law enforcement, or agents of the Crimes Against Children Division of the Division of Arkansas State Police may interview students without a court order for the purpose of investigating suspected child abuse. In instances where the interviewers deem it necessary, they may exercise a “72-hour hold” without first obtaining a court order. Except as provided below, other questioning of students by non-school personnel shall be granted only with a court order directing such questioning, with permission of the parents of a student (or the student if above eighteen (18) years of age), or in response to a subpoena or arrest warrant. 

If the District makes a report to any law enforcement agency concerning student misconduct or if access to a student is granted to a law enforcement agency due to a court order, the principal or the principal’s designee shall make a good faith effort to contact the student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis. The principal or the principal’s designee shall not attempt to make such contact if presented documentation by the investigator that notification is prohibited because a parent, legal guardian, person having lawful control of the student, or person standing in loco parentis is named as an alleged offender of the suspected child maltreatment. This exception applies only to interview requests made by a law enforcement officer, an investigator of the Crimes Against Children Division of the Division of Arkansas State Police, or an investigator or employee of the Department of Human Services.

In instances other than those related to cases of suspected child abuse, principals must release a student to either a police officer who presents a subpoena for the student, or a warrant for arrest, or to an agent of state social services or an agent of a court with jurisdiction over a child with a court order signed by a judge. Upon release of the student, the principal or designee shall give the student’s parent, legal guardian, or other person having lawful control of the student, or person standing in loco parentis notice that the student has been taken into custody by law enforcement personnel or a state’s social services agency. If the principal or designee is unable to reach the parent, he or she shall make a reasonable, good faith effort to get a message to the parent to call the principal or designee, and leave both a day and an after-hours telephone number.  

Contact by Professional Licensure Standards Board Investigators
Investigators for the Professional Licensure Standards Board may meet with students during the school day to carry out the investigation of an ethics complaint.

Note:	1 This sentence is based on language in A.C.A. § 9-13-104 (b) and is NOT required. School administration should ALWAYS decline any involvement in the fight between parents over whose day it is to pick up the student.  The school’s interest is that A PARENT or an individual authorized by a  PARENT checks the child out or picks the child up, not that the “right” parent checks the child out on the “right” day.

Legal References:	A.C.A. § 6-18-513
A.C.A. § 9-13-104
A.C.A. § 12-18-609, 610, 613
A.C.A. § 12-18-1001, 1005 

Date Adopted:  June 16, 2008
Last Revised:  April 20, 2020

4.16—STUDENT VISITORS

The board strongly believes that the purpose of school is for learning. Social visitors, generally, disrupt the classroom and interfere with learning that should be taking place. Therefore, visiting with students at school is not permitted.

Cross References:	For adult visits see Policy 4.15—CONTACT WITH STUDENTS WHILE AT SCHOOL and Policy 6.5—VISITORS TO THE SCHOOLS

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

4.17—STUDENT DISCIPLINE

The Salem Board of Education has a responsibility to protect the health, safety, and welfare of the District’s students and employees. To help maintain a safe environment conducive to high student achievement, the Board establishes policies necessary to regulate student behavior to promote an orderly school environment that is respectful of the rights of others and ensures the uniform enforcement of student discipline. Students are responsible for their conduct that occurs: 
•	At any time on the school grounds;
•	Off school grounds at a school sponsored function, activity, or event; and
•	Going to and from school or a school activity.

The District’s administrators may also take disciplinary action against a student for off-campus conduct occurring at any time that would have a detrimental impact on school discipline, the educational environment, or the welfare of the students and/or staff. A student who has committed a criminal act while off campus and whose presence on campus could cause a substantial disruption to school or endanger the welfare of other students or staff is subject to disciplinary action up to and including expulsion. Such acts could include, but are not limited to: a felony or an act that would be considered a felony if committed by an adult; an assault or battery; drug law violations; or sexual misconduct of a serious nature. Any disciplinary action pursued by the District shall be in accordance with the student’s appropriate due process rights.1

The District shall incorporate the District’s implementation of positive behavioral supports in accordance with Policy 4.60 in the application of student discipline.

The District’s personnel policy shall annually review the District’s student discipline policies, including State and District student discipline data, and may recommend changes in the policies to the Salem School Board. The Board has the responsibility of determining whether to approve any recommended changes to student discipline policies.

The District’s student discipline policies shall be distributed to each student during the first week of school each year and to new students upon their enrollment. Each student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis shall sign and return to the school an acknowledgement form documenting that they have received the policies.

The District shall develop and provide programs, measures, or alternative means and methods for continued student engagement and educational access during periods of suspension or expulsion.

The superintendent is authorized to modify the penalties set forth in the District’s student discipline policies on a case-by-case basis.

It is required by law that the principal or the person in charge report to the police any incidents the person has personal knowledge of or has received information leading to a reasonable belief that a person has committed or threatened to commit an act of violence or any crime involving a deadly weapon on school property or while under school supervision. If the person making the report is not the Superintendent, that person shall also inform the Superintendent of the incident. Additionally, the principal shall inform any school employee or other person who initially reported the incident that a report has been made to the appropriate law enforcement agency. The Superintendent or designee shall inform the Board of Directors of any such report made to law enforcement.

The superintendent shall make a report annually to the Board of Directors on student discipline data, which shall include, without limitation: the number of incidents of bullying reported and the actions taken regarding the reported incidents of bullying.

Note:	1 To satisfy a student’s due process rights, for events both on and off campus, make sure that all special education requirements are met when those requirements apply.

Cross References:	1.9—POLICY FORMULATION
4.60—STUDENT BEHAVIORAL INTERVENTION AND RESTRAINT

Legal References:	A.C.A. § 6-17-113
A.C.A. § 6-18-502
A.C.A. § 6-18-514
A.C.A. § 6-18-2401 et seq.
DESE Rules Governing Student Discipline and School Safety

Date Adopted:  June 16, 2008
Last Revised:  April 18, 2022

4.18—PROHIBITED CONDUCT

Students and staff require a safe and orderly learning environment that is conducive to high student achievement. Certain student behaviors are unacceptable in such an environment and are hereby prohibited by the Board. Prohibited behaviors include, but shall not be limited to the following.

1.	Disrespect for school employees and failing to comply with their reasonable directions or otherwise demonstrating insubordination;

2.	Disruptive behavior that interferes with orderly school operations;

3.	Willfully and intentionally assaulting or threatening to assault or physically abusing any student or school employee;

4.	Possession of any weapon that can reasonably be considered capable of causing bodily harm to another individual;

5.	Possession or use of tobacco in any form on any property owned or leased by any public school;

6.	Willfully or intentionally damaging, destroying, or stealing school property;

7.	Possession of any paging device, beeper, or similar electronic communication devices on the school campus during normal school hours unless specifically exempted by the administration for health or other compelling reasons;

8.	Possession, selling, distributing, or being under the influence of an alcoholic beverage, any illegal drug, unauthorized inhalants, or the inappropriate use or sharing of prescription or over the counter drugs, or other intoxicants, or anything represented to be a drug;

9.	Sharing, diverting, transferring, applying to others (such as needles or lancets), or in any way misusing medication or any medical supplies in their possession;

10.	Inappropriate public displays of affection;

11.	Cheating, copying, or claiming another person's work to be his/her own;

12.	Gambling;

13.	Inappropriate student dress;

14.	Use of vulgar, profane, or obscene language or gestures;

15.	Truancy;

16.	Excessive tardiness;

17.	Engaging in behavior designed to taunt, degrade, or ridicule another person on the basis of race, ethnicity, national origin, sex, sexual orientation, gender identity, or disability;

18.	Possess, view, distribute or electronically transmit sexually explicit or vulgar images or representations, whether electronically, on a data storage device, or in hard copy form;

19.	Hazing, or aiding in the hazing of another student;

20.	Gangs or gang-related activities, including belonging to secret societies of any kind, are forbidden on school property. Gang insignias, clothing, “throwing signs” or other gestures associated with gangs are prohibited; 

21.	Sexual harassment; 

22.	Bullying; 

23.	Operating a vehicle on school grounds while using a wireless communication device, and

24.	Theft of another individual’s personal property.

The Board directs each school in the District to develop implementation regulations for prohibited student conduct consistent with applicable Board policy, State and Federal laws, and judicial decisions.  

Legal References:	A.C.A. § 6-5-201
A.C.A. § 6-15-1005
A.C.A. § 6-18-222
A.C.A. § 6-18-502 
A.C.A. § 6-18-514
A.C.A. § 6-18-707
A.C.A. § 6-21-609
A.C.A. § 27-51-1602
A.C.A. § 27-51-1603
A.C.A. § 27-51-1609
DESE Rules Governing Student Discipline and School Safety

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

4.19—CONDUCT TO AND FROM SCHOOL AND TRANSPORTATION
 ELIGIBILITY

The District’s Student Code of conduct applies to students while traveling to and from school or to and from a school activity to the same extent as if the students were on school grounds. Appropriate disciplinary actions may be taken against commuting students who violate the District’s Student Code of Conduct.

The preceding paragraph also applies to student conduct while on school buses. Students shall be instructed in safe riding practices.1 The driver of a school bus shall not operate the school bus until every passenger is seated. In addition to other disciplinary measures provided for violations of the District’s Student Code of Conduct, the student’s bus transportation privileges may be suspended or terminated for violations of the Student Code of Conduct related to bus behavior. 

Students are eligible to receive district bus transportation if they meet the following requirements.2 The transportation to and from school of students who have lost their bus transportation privileges is the responsibility of the student’s parent or guardian.

1.  All students are under the supervision of the driver AND must obey the driver at all times without question.
2.  Be at the bus stop at the scheduled time.  Stand back about ten feet from the bus and wait until the bus door is opened before approaching the bus.  DO NOT play in/on the road while waiting for the bus.
3.  When entering or leaving the bus, do so in an orderly manner.  Students on the bus will not be allowed to impede or hamper those students entering or leaving the bus.
4.  Bus passengers will conduct themselves at all times in a manner which does not distract the attention of the driver or disturb other passengers.  The driver shall be the judge of what constitutes proper conduct.
5.  Students shall be seated in a seat, designed by a manufacturer to be used as a seat, upon boarding the bus and remain seated until arrival at their destination.  Students must be seated facing the front of the bus at all times.
6.  Student shall not be eating or drinking on the school bus.
7.  Do not tamper with any of the bus equipment for controls.
8.  Do not place any part of your body or an object outside the bus.
9.  Do not deface the bus in any manner or throw anything on the floor.  Keep the aisle clear of all objects.
10.  Each driver will maintain a seating chart with a copy filed in the transportation office and copy filed on the bus.  Students must sit only on the seat assigned by the school bus driver unless otherwise instructed by the driver.
11.  Do not ask the driver to stop at any location other than at a scheduled stop.
12.  Parents must send a not or call the principal’s office if they wish for their child to ride a different bus, or to depart the bus at a stop other than their regular scheduled stop.
13.  If you must cross the highway after leaving the bus, go to a point on the edge of the road ten feet in front of the bus, and wait until the driver has signaled you to cross in front of the bus.  In addition to the drivers signal, and before stepping from in front of the bus into the open roadway, stop and make sure there are no vehicles moving toward the bus from either direction.

Legal Reference:	A.C.A. § 5-60-122
			A.C.A. § 6-19-119 (b)
Ark. Division of Academic Facilities and Transportation Rules Governing Maintenance and Operations of Ark. Public School Buses and Physical Examinations of School Bus Drivers 4.0

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

4.20—DISRUPTION OF SCHOOL

No student shall by the use of violence, force, noise, coercion, threat, intimidation, fear, passive resistance, or any other conduct, intentionally cause the disruption of any lawful mission, process, or function of the school, or engage in any such conduct for the purpose of causing disruption or obstruction of any lawful mission, process, or function. Nor shall any student encourage any other student to engage in such activities.

Disorderly activities by any student or group of students that adversely affect the school’s orderly educational environment shall not be tolerated at any time on school grounds. Teachers may remove from class and send to the principal or principal’s designee office a student whose behavior is so unruly, disruptive, or abusive that it seriously interferes with the teacher’s ability to teach the students, the class, or with the ability of the student’s classmates to learn. Students who refuse to leave the classroom voluntarily will be escorted from the classroom by the school administration.

Legal References:	A.C.A. § 6-18-511
DESE Rules Governing Student Discipline and School Safety

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

4.21—STUDENT ASSAULT OR BATTERY

A student shall not threaten, physically abuse, or attempt to physically abuse, or behave in such a way as to be perceived to threaten bodily harm to any other person (student, school employee, or school visitor). Any gestures, vulgar, abusive or insulting language, taunting, threatening, harassing, or intimidating remarks by a student toward another person that threatens their well-being is strictly forbidden. This includes, but is not limited to, fighting, racial, ethnic, religious, or sexual slurs.

Furthermore, it is unlawful, during regular school hours, and in a place where a public school employee is required to be in the course of his or her duties, for any person to address a public school employee using language which, in its common acceptation, is calculated to: 
a.	Cause a breach of the peace;
b.	Materially and substantially interfere with the operation of the school; or
c.	Arouse the person to whom it is addressed to anger, to the extent likely to cause imminent retaliation.
Students guilty of such an offense may be subject to legal proceedings in addition to any student disciplinary measures.

Legal References:	A.C.A. § 6-17-106 (a)
DESE Rules Governing Student Discipline and School Safety

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

4.22—WEAPONS AND DANGEROUS INSTRUMENTS 

Definitions

“Firearm" means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use.

“Possession” means having a weapon on the student’s body or in an area under the student’s control.

“Weapon” means any:
•	Firearm;
•	Knife;
•	Razor;
•	Ice pick;
•	Dirk;
•	Box cutter;
•	Nunchucks;
•	Pepper spray, mace, or other noxious spray;
•	Explosive;
•	Taser or other instrument that uses electrical current to cause neuromuscular incapacitation; or
•	Any other instrument or substance capable of causing bodily harm.

No student, except for Military personnel (such as ROTC cadets) acting in the course of their official duties or as otherwise expressly permitted by this policy, shall possess a weapon, display what appears to be a weapon, or threaten to use a weapon before or after school while: 
o	In a school building;
o	On or about school property;
o	At any school sponsored activity or event;
o	On route to or from school or any school sponsored activity; or
o	Off the school grounds at any school bus stop.

If  a student discovers prior to any questioning or search by any school personnel that he/she has accidentally brought a weapon, other than a firearm, to school on his/her person, in a book bag/purse, or in his/her vehicle on school grounds, and the student informs the principal or a staff person immediately, the student will not be considered to be in possession of a weapon unless it is a firearm. The weapon shall be confiscated and held in the office until such time as the student’s parent/legal guardian shall pick up the weapon from the school’s office. Repeated offenses are unacceptable and shall be grounds for disciplinary action against the student as otherwise provided for in this policy.

Except as permitted in this policy, students found to be in possession on the school campus of a firearm shall be recommended for expulsion for a period of not less than one year. The School Board shall have the discretion to modify such expulsion recommendation for a student on a case-by-case basis. Parents or legal guardians of students expelled under this policy shall be given a copy of the current laws regarding the possibility of parental responsibility for allowing a child to possess a firearm on school property.1 Parents or legal guardians shall sign a statement acknowledging that they have read and understand said laws prior to readmitting the student. Parents or legal guardians of a student enrolling from another school after the expiration of an expulsion period for a firearm policy violation shall also be given a copy of the current laws regarding the possibility of parental responsibility for allowing a child to possess a firearm on school property. The parents or legal guardians shall sign a statement acknowledging that they have read and understand said laws prior to the student being enrolled in school.

The mandatory expulsion requirement for possession of a firearm does not apply to a firearm visibly stored inside a locked vehicle on school property nor to activities approved and authorized by the district that include the use of firearms. Such activities may include ROTC programs, hunting safety or military education, or before- or after-school hunting or rifle clubs. A firearm brought to school by a student shall be grounds for disciplinary action against the student, but the School Board of Directors may consider the “inadvertent circumstances” of the incident in determining the student’s discipline.

The district shall report any student, who brings a firearm to school to the criminal justice system or juvenile delinquency system by notifying local law enforcement,

Notes:  
1 The exemption is for IDEA purposes where the possession can reasonably be associated with the student's disability. To be eligible for ESEA funds, the federal Department of Education requires an assurance that the district:
1)	is in compliance with the State law requiring the one-year expulsion; and
2)	a description of the circumstances surrounding expulsions imposed under the one-year expulsion requirement, including:
A.	The name of the school concerned;
B.	The number of students expelled from the school; and
C.	The type of firearms concerned.

This requirement applies even in the instances where the district exercised its option to modify the expulsion requirement on a case-by-case basis. The DOE Guidance on the Gun Free Schools Act prohibits the use of the case-by-case option to avoid “over-all compliance with the one-year expulsion requirement. In order to modify the expulsion recommendation, the superintendent must provide a written explanation behind the modification under the Federal law.

2 The statute that specifies the parents’ penalties is A.C.A. § 5-27-210, but it is also helpful to have A.C.A. § 5-4-201 and A.C.A. § 5-4-401 available which spell out the fines and possible imprisonment for a class B misdemeanor offense.

Cross Reference:	Policy 4.31—EXPULSION

Legal References:	A.C.A. § 5-4-201
A.C.A. § 5-4-401
A.C.A. § 5-27-210
A.C.A. § 5-73-119(b) (e)(8), (9), (10) 
A.C.A. § 5-73-133
A.C.A. § 6-18-502
A.C.A. § 6-18-507
A.C.A. § 6-21-608
DESE Rules Governing Student Discipline and School Safety
20 USC § 7961

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

4.23—TOBACCO, ELECTRONIC NICOTINE DELIVERY SYSTEMS, AND RELATED PRODUCTS

Smoking or use of tobacco or products containing tobacco in any form (including, but not limited to, cigarettes, cigars, chewing tobacco, and snuff) in or on any property owned or leased by a District school, including school buses, is prohibited. Students who violate this policy may be subject to legal proceedings in addition to student disciplinary measures.

With the exception of recognized tobacco cessation products, this policy’s prohibition includes any tobacco or nicotine delivery system or product.

Legal Reference:	A.C.A. § 6-21-609

Date Adopted:  June 16, 2008
Last Revised:  April 20, 2020

4.24—DRUGS AND ALCOHOL

An orderly and safe school environment that is conducive to promoting student achievement requires a student population free from the deleterious effects of alcohol and drugs. Their use is illegal, disruptive to the educational environment, and diminishes the capacity of students to learn and function properly in our schools. 

Therefore, no student in the Salem School District shall possess, attempt to possess, consume, use, distribute, sell, attempt to sell, buy, give to any person, attempt to buy, or be under the influence of any substance as defined in this policy, or what the student represents or believes to be any substance as defined in this policy. This policy applies to any student who; is on or about school property; is in attendance at school or any school sponsored activity; has left the school campus for any reason and returns to the campus; is en route to or from school or any school sponsored activity.  

Prohibited substances shall include, but are not limited to, alcohol, or any alcoholic beverage, inhalants or any ingestible matter that alter a student’s ability to act, think, or respond, LSD, or any other hallucinogen, marijuana, cocaine, heroin, or any other narcotic drug, PCP, amphetamines, steroids, “designer drugs,” look-alike drugs, or any controlled substance.

The sale, distribution, or attempted sale or distribution of over-the-counter (OTC) medications, dietary supplement or other perceived health remedy not regulated by the US Food and Drug Administration, or prescription drugs is prohibited. The possession or use of OTC medications, dietary supplement or other perceived health remedy not regulated by the US Food and Drug Administration, or prescription drugs is prohibited except as permitted under Policy 4.35—STUDENT MEDICATIONS.

Cross Reference:	4.35—STUDENT MEDICATIONS

Legal References:	A.C.A. § 6-18-502
DESE Rules Governing Student Discipline and School Safety

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

4.25—STUDENT DRESS AND GROOMING

The Salem Board of Education recognizes that dress can be a matter of personal taste and preference.  At the same time, the District has a responsibility to promote an environment conducive to student learning. This requires limitations to student dress and grooming that could be disruptive to the educational process because they are immodest, disruptive, unsanitary, and unsafe, could cause property damage, or are offensive to common standards of decency.

Students are prohibited from wearing, while on the school grounds during the school day and at school-sponsored events, clothing that exposes underwear, buttocks, or the breast. This prohibition does not apply, however to a costume or uniform worn by a student while participating in a school-sponsored activity or event.

The Superintendent shall establish student dress codes for the District’s schools, to be included in the student handbook, and are consistent with the above criteria.

Legal References:	A.C.A. § 6-18-502(c)(1)
			A.C.A. § 6-18-503(c)

Date Adopted:  June 16, 2008
Last Revised:  June 27, 2011

4.26—GANGS AND GANG ACTIVITY

The Board is committed to ensuring a safe school environment conducive to promoting a learning environment where students and staff can excel. An orderly environment cannot exist where unlawful acts occur causing fear, intimidation, or physical harm to students or school staff. Gangs and their activities create such an atmosphere and shall not be allowed on school grounds or at school functions.

The following actions are prohibited by students on school property or at school functions:

1.	Wearing or possessing any clothing, bandanas, jewelry, symbol, or other sign associated with membership in, or representative of, any gang;

2.	Engaging in any verbal or nonverbal act such as throwing signs, gestures, or handshakes representative of membership in any gang;

3.	Recruiting, soliciting, or encouraging any person through duress or intimidation to become or remain a member of any gang; and/or

4.	Extorting payment from any individual in return for protection from harm from any gang.

Students found to be in violation of this policy shall be subject to disciplinary action up to and including expulsion.

Students arrested for gang related activities occurring off school grounds shall be subject to the same disciplinary actions as if they had occurred on school grounds.

Legal References:	A.C.A. § 5-74-201 et seq.
A.C.A. § 6-15-1005(b)(2)

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

4.27—STUDENT SEXUAL HARASSMENT

The Salem School District is committed to providing an academic environment that treats all students with respect and dignity. Student achievement is best attained in an atmosphere of equal educational opportunity that is free of discrimination. Sexual harassment is a form of discrimination that undermines the integrity of the educational environment and will not be tolerated.

The District believes the best policy to create an educational environment free from sexual harassment is prevention; therefore, the District shall provide informational materials and training to students, parents/legal guardians/other responsible adults, and employees on sexual harassment. The informational materials and training on sexual harassment shall be age appropriate and, when necessary, provided in a language other than English or in an accessible format. The informational materials and training shall include, but are not limited to:
o	the nature of sexual harassment;
o	The District’s written procedures governing the formal complaint  grievance process;1
o	The process for submitting a formal complaint of sexual harassment;
o	That the district does not tolerate sexual harassment;
o	That students can report inappropriate behavior of a sexual nature without fear of adverse consequences;
o	The supports that are available to individuals suffering sexual harassment; and
o	The potential discipline for perpetrating sexual harassment.

Definitions
“Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

“Education program or activity” includes locations, events, or circumstances where the District exercised substantial control over both the respondent and the context in which the sexual harassment occurs.

“Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting an investigation of the allegation of sexual harassment.

“Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

“Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:
1.	A District employee:
a.	Conditions the provision of an aid, benefit, or service of the District on an individual’s participation in sexual conduct;2 or
b.	Uses the rejection of sexual conduct as the basis for academic decisions affecting that individual;2
2.	The conduct is:
a.	Unwelcome; and
b.	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 program or activity; or
c.	Constitutes:
d.	Sexual assault;
e.	Dating violence
f.	Domestic violence; or
g.	Stalking.

“Supportive measures” means individualized services that are offered to the complainant or made available to the respondent designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party. The supportive measures must be non-disciplinary and  non-punitive in nature; offered before or after the filing of a formal complaint or where no formal complaint has been filed; and offered to either party as appropriate, as reasonably available, and without fee or charge. Examples of supportive measures include, but are not limited to: measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment; counseling; extensions of deadlines or other course-related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; changes in work or class locations; leaves of absence; and increased security and monitoring of certain areas of the campus.

Within the educational environment, sexual harassment is prohibited between any of the following: students; employees and students; and non-employees and students.

Actionable sexual harassment is generally established when an individual is exposed to a pattern of objectionable behaviors or when a single, serious act is committed. What is, or is not, sexual harassment will depend upon all of the surrounding circumstances and may occur regardless of the sex(es) of the individuals involved. Depending upon such circumstances, examples of sexual harassment include, but are not limited to:
•	Making sexual propositions or pressuring for sexual activities;
•	Unwelcome touching;
•	Writing graffiti of a sexual nature;
•	Displaying or distributing sexually explicit drawings, pictures, or written materials;
•	Performing sexual gestures or touching oneself sexually in front of others;
•	Telling sexual or crude jokes;
•	Spreading rumors related to a person’s alleged sexual activities;
•	Discussions of sexual experiences;
•	Rating other students or employees as to sexual activity or performance;
•	Circulating or showing e-mails or Web sites of a sexual nature;
•	Intimidation by words, actions, insults, or name calling; and
•	Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether or not the individual self-identifies as homosexual or transgender.

Students who believe they have been subjected to sexual harassment, or the parent/legal guardian/other responsible adult of a student who believes their student has been subjected to sexual harassment, are encouraged to bring their concerns to any District staff member, including a counselor, teacher, Title IX coordinator, or administrator. If the District staff member who received a report of alleged sexual harassment is not the Title IX Coordinator, then the District staff person shall inform the Title IX Coordinator of the alleged sexual harassment. As soon as reasonably possible after receiving a report of alleged sexual harassment from another District staff member or after receiving a report directly through any means, the Title IX Coordinator shall contact the complainant to:
•	Discuss the availability of supportive measures;
•	Consider the complainant’s wishes with respect to supportive measures;
•	Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint; and
•	explain to the complainant the process for filing a formal complaint.

Supportive Measures
The District shall offer supportive measures to the complainant and make supportive measures available to the respondent that are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party before or after the filing of a formal complaint or where no formal complaint has been filed. The District shall provide the individualized supportive measures to the complainant unless declined in writing by the complainant and shall provide individualized supportive measures that are non-disciplinary and  non-punitive to the respondent. A complainant who initially declined the District’s offer of supportive measures may request supportive measures at a later time and the District shall provide individualized supportive measures based on the circumstances when the subsequent request is received.

Formal Complaint
A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by email. Upon receipt of a formal complaint, a District shall simultaneously provide the following written notice to the parties who are known: 
o	Notice of the District’s grievance process and a copy of the procedures governing the grievance process;
o	Notice of the allegations of sexual harassment including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include:
	The identities of the parties involved in the incident, if known;
	The conduct allegedly constituting sexual harassment; and
	The date and location of the alleged incident, if known;
o	A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
o	That the parties may have an advisor of their choice, who may be, but is not required to be, an attorney;
o	That the parties may inspect and review evidence relevant to the complaint of sexual harassment; and
o	That the District’s code of conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If, in the course of an investigation, the District decides to investigate allegations about the complainant or respondent that are not included in the previous notice, the District shall simultaneously provide notice of the additional allegations to the parties whose identities are known.

The District may consolidate formal complaints of allegations of sexual harassment where the allegations of sexual harassment arise out of the same facts or circumstances and the formal complaints are against more than one respondent; or by more than one complainant against one or more respondents; or by one party against the other party. When the District has consolidated formal complaints so that the grievance process involves more than one complainant or more than one respondent, references to the singular “party”, “complainant”, or “respondent” include the plural, as applicable.

When investigating a formal complaint and throughout the grievance process, a District shall:
•	Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the District and not on the parties;
•	Not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege or access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party unless the District obtains the parent, legal guardian, or other responsible adult of that party’s voluntary, written consent or that party’s voluntary, written consent if the party is over the age of eighteen (18) to do so for the grievance process;
•	Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;
•	Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence; 
•	Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding;
•	Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;
•	Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation ; this includes evidence:
•	Whether obtained from a party or other source,;
•	The District does not intend to rely upon in reaching a determination regarding responsibility; and
•	That is either Inculpatory or exculpatory; and
•	Create an investigative report that fairly summarizes relevant evidence.

At least ten (10)3 days prior to completion of the investigative report, the District shall send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties shall have at least ten (10)3 days to submit a written response to the evidence. The investigator will consider the written responses prior to completion of the investigative report. All evidence subject to inspection and review shall be available for the parties’ inspection and review at any meeting to give each party equal opportunity to refer to such evidence during the meeting.

After the investigative report is sent to the parties, the decision-maker shall:
o	Provide each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness;
o	Provide each party with the answers;
o	Allow for additional, limited follow-up questions from each party; and
o	Provide an explanation to the party proposing the questions any decision to exclude a question as not relevant. Specifically, questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.
 
No earlier than ten (10) days following the completion of the investigation period, the decision-maker, who cannot be the same person as the Title IX Coordinator or the investigator, shall issue a written determination regarding responsibility. The written determination shall include— 
1.	Identification of the allegations potentially constituting sexual harassment;
2.	A description of the procedural steps taken from the receipt of the formal complaint through the determination, including:
a.	Any notifications to the parties;
b.	Interviews with parties and witnesses;
c.	site visits;
d.	Methods used to gather other evidence,; and
e.	Hearings held;
3.	Findings of fact supporting the determination;
4.	Conclusions regarding the application of the District’s code of conduct to the facts;
5.	A statement of, and rationale for, the result as to each allegation, including:
a.	A determination regarding responsibility;
b.	Any disciplinary sanctions imposed on the respondent; and
c.	Whether remedies designed to restore or preserve equal access to the District’s education program or activity will be provided by the District to the complainant; and
6.	The procedures and permissible bases for the complainant and respondent to appeal.
 
The written determination shall be provided to the parties simultaneously. The determination regarding responsibility shall become final on the earlier of:
•	If an appeal is not filed, the day after the period for an appeal to be filed expires; or
•	If an appeal is filed, the date the written determination of the result of the appeal is provided to the parties.

The District shall investigate the allegations in a formal complaint. If the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this policy even if proved; did not occur in the District’s education program or activity; or did not occur against a person in the United States, then the District shall dismiss the complaint as not meeting the definition of sexual harassment under this policy. A dismissal for these reasons does not preclude action under another provision of the District’s code of conduct.

The District may dismiss the formal complaint or any allegations therein, if at any time during the grievance process:
o	The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
o	The respondent is no longer enrolled at the District; or
o	Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon the dismissal of a formal complaint for any reason, the District shall promptly send written notice of the dismissal and reason(s) for the dismissal simultaneously to the parties.

The District may hire an individual or individuals to conduct the investigation or to act as the determination-maker when necessary.

Appeals
Either party may appeal a determination regarding responsibility or from a dismissal of a formal complaint or any allegations therein, on the following bases: 
a.	The existence of a procedural irregularity that affected the outcome of the matter; 
b.	Discovery of new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
c.	The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; or
d.	An appeal of the disciplinary sanctions from the initial determination.4

For all appeals, the District shall:
1.	Notify the other party in writing when an appeal is filed;
2.	Simultaneously Provide all parties a written copy of the District’s procedures governing the appeal process;
3.	Implement appeal procedures equally for both parties;
4.	Ensure that the decision-maker5 for the appeal is not the same person as the decision-maker that reached the original determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator; 
5.	Provide all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;
6.	Issue a written decision describing the result of the appeal and the rationale for the result; and
7.	Provide the written decision simultaneously to both parties.

Confidentiality
Reports of sexual harassment, both informal reports and formal complaints, will be treated in a confidential manner to the extent possible. Limited disclosure may be provided to:
•	individuals who are responsible for handling the District’s investigation and determination of responsibility to the extent necessary to complete the District’s grievance process;
•	Submit a report to the child maltreatment hotline;
•	Submit a report to the Professional Licensure Standards Board for reports alleging sexual harassment by an employee towards a student; or
•	The extent necessary to provide either party due process during the grievance process.5

Except as listed above, the District shall keep confidential the identity of:
	Any individual who has made a report or complaint of sex discrimination;
	Any individual who has made a report or filed a formal complaint of sexual harassment;
	Any complainant;
	Any individual who has been reported to be the perpetrator of sex discrimination;
	Any respondent; and
	Any witness.

Any supportive measures provided to the complainant or respondent shall be kept confidential to the extent that maintaining such confidentiality does not impair the ability of the District to provide the supportive measures.

Emergency removal6
The District may remove a respondent from the District’s education program or activity on an emergency basis only after the completion of an individualized safety and risk analysis that determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal. A removed student will be provided with notice and an opportunity to challenge the removal decision immediately following the removal.

Retaliation Prohibited
Students, or the parents/legal guardians/ other responsible adult of a student, who submit a report or file a formal complaint of sexual harassment,; testified; assisted; or participate or refused to participate in any manner in an investigation, proceeding, or hearing on sexual harassment shall not be subjected to retaliation or reprisal in any form, including threats; intimidation; coercion; discrimination; or charges for code of conduct violations that do not involve sex discrimination or sexual harassment, arise out of the same facts or circumstances as a report or formal complaint of sex discrimination, and are made for the purpose of interfering with any right or privilege under this policy. The District shall take steps to prevent retaliation and shall take immediate action if any form of retaliation occurs regardless of whether the retaliatory acts are by District officials, students, or third parties.

Disciplinary Sanctions
It shall be a violation of this policy for any student to be subjected to, or to subject another person to, sexual harassment. Following the completion of the District’s grievance process, any student who is found by the evidence to more likely than not7 have engaged in sexual harassment will be subject to disciplinary action up to, and including, expulsion. No disciplinary sanction or other action that is not a supportive measure may be taken against a respondent until the conclusion of the grievance process.

Students who knowingly fabricate allegations of sexual harassment or purposely provide inaccurate facts shall be subject to disciplinary action up to and including expulsion. A determination that the allegations do not rise to the level of sexual harassment alone is not sufficient to conclude that any party made a false allegation or materially false statement in bad faith.

Records
The District shall maintain the following records for a minimum of seven (7) years:
•	Each sexual harassment investigation including:
•	Any determination regarding responsibility;
•	any disciplinary sanctions imposed on the respondent;
•	Any remedies provided to the complainant designed to restore or preserve equal access to the District’s education program or activity; 
•	Any appeal and the result therefrom; 
•	All materials used to train Title IX Coordinators, investigators, and decision-makers;
•	Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, which must include:
o	The basis for the District’s conclusion that its response was not deliberately indifferent; and
o	Document:
•	If supportive measures were provided to the complainant, the supportive measures taken designed to restore or preserve equal access to the District’s education program or activity; or
•	If  no supportive measures were provided to a complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

Notes:	1 34 C.F.R. § 106.44 requires that a district have procedures governing the grievance process and the appeals process to accompany this policy. The procedures are required to cover all of the following:
•	Direct that complainants and respondents shall be treated equitably by:
o	Offering supportive measures to the complainant;
o	Completing the District’s grievance process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.
o	Providing remedies to a complainant where a determination of responsibility for sexual harassment has been made against the respondent that are designed to restore or preserve equal access to the District’s education program or activity, which may include the same individualized supportive measures; 
o	Require an objective evaluation of all relevant evidence – including both inculpatory and exculpatory evidence;
o	Provide that credibility determinations may not be based on a person’s status as a complainant, respondent, or witness; 
o	Require that any individual designated by the District as a Title IX Coordinator, investigator, or decision-maker not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent;
•	Indicate that individuals selected by the District as Title IX Coordinators, investigators, and decision-makers have received training on:
o	The definition of sexual harassment;
o	The scope of the District’s education program or activity;
o	How to conduct an investigation and the grievance process, including appeals;
o	How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and
o	Issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant; and
o	Issues of relevance to create an investigative report that fairly summarizes relevant evidence;
•	Provide the District webpage where the materials used to train the District’s Title IX Coordinators, investigators, and decision-makers is located; 
•	Include a presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process; 
•	Include reasonably prompt time frames for conclusion of the grievance process, including reasonably prompt time frames for filing and resolving appeals;3
•	A process that allows for the temporary delay of the grievance process or the limited extension of time frames for good cause with written notice to the complainant and the respondent of the delay or extension and the reasons for the action, which may include:
o	The absence of a party, a party’s advisor, or a witness;
o	Concurrent law enforcement activity; or
o	The need for language assistance or accommodation of disabilities;
•	Describe the range of possible disciplinary sanctions and remedies or list the possible disciplinary sanctions and remedies that the District may implement following any determination of responsibility; 
•	State whether the standard of evidence to be used to determine responsibility is the preponderance of the evidence standard or the clear and convincing evidence standard;7
•	Include the procedures and permissible bases for the complainant and respondent to appeal;
•	Describe the range of supportive measures available to complainants and respondents; and 
•	Indicate that the District shall not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege or use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party unless the District obtains the parent, legal guardian, or other responsible adult of that party’s voluntary, written consent or that party’s voluntary, written consent if the party is over the age of eighteen (18) to do so for the grievance process.

2 While the definition for sexual harassment from 34 C.F.R. § 106.30 includes that the sexual conduct with an employee must be “unwelcome”, we have removed the word “unwelcome” from the student policy as A.C.A § 12-18-103 prohibits sexual conduct between district employees and students regardless of whether the student considers the sexual conduct to be welcome or unwelcome.

3 The minimum number of days you are required to provide for the parties to review the evidence is ten (10) days. Make sure that the number of days you include here matches with the time frame included in your procedures governing the grievance process.

4 A.C.A. § 6-18-502(c)(1)(B) provides that the superintendent has the authority to “modify the prescribed penalties for a student on a case-by-case basis”. 34 C.F.R. § 106.45 requires that either party must have an equal opportunity to appeal for the stated reasons; therefore both the complainant and respondent have the right to appeal the initial determination-maker’s disciplinary sanctions.

5 While the Family Educational Rights and Privacy Act (FERPA) ordinarily requires that documents containing information about more than one student be redacted so that a student may only view the portion of the educational record that is relevant to that particular student, 34 C.F.R. § 106.6 provides that FERPA does not apply to the extent necessary to provide due process to both parties involved in the grievance process; this includes allowing either party to review the names of the other party as well as any witnesses who have provided evidence relevant to the investigation.

6 The language here does not change an individual’s rights under the IDEA, Section 504, or the ADA.

7 We have opted to use the preponderance of the evidence standard for determination of responsibility. If you choose to use the clear and convincing evidentiary standard instead, change the language here to indicate so and make sure that your procedures indicate so as well. 34 C.F.R. § 106.45 requires that you use the same evidentiary standard for both students and employees.

Cross References:	3.26—LICENSED PERSONNEL SEXUAL HARASSMENT
4.11—EQUAL EDUCATIONAL OPPORTUNITY
5.20—DISTRICT WEBSITE
7.15—RECORD RETENTION AND DESTRUCTION
8.20—CLASSIFIED PERSONNEL SEXUAL HARASSMENT

Legal References:	20 USC 1681 et seq.
34 C.F.R. Part 106
A.C.A. § 6-15-1005
A.C.A. § 6-18-502
A.C.A. § 12-18-102

Date Adopted:  April 16, 2018
Last Revised:  April 18, 2022

4.28—LASER POINTERS

Students shall not possess any hand held laser pointer while in school; on or about school property, before or after school; in attendance at school or any school-sponsored activity; en route to or from school or any school-sponsored activity; off the school grounds at any school bus stop or at any school-sponsored activity or event. School personnel shall seize any laser pointer from the student possessing it and the student may reclaim it at the close of the school year, or when the student is no longer enrolled in the District.

Legal References:	A.C.A. § 6-18-512
DESE Rules Governing Student Discipline and School Safety

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

4.29—INTERNET SAFETY and ELECTRONIC DEVICE USE POLICY

Definition
For the purposes of this policy, "electronic device" means anything that can be used to transmit or capture images, sound, or data.

The District makes electronic device(s) and/or electronic device Internet access available to students, to permit students to perform research and to allow students to learn how to use electronic device technology. Use of district electronic devices is for educational and/or instructional purposes only. Student use of electronic device(s) shall only be as directed or assigned by staff or teachers; students are advised that they enjoy no expectation of privacy in any aspect of their electronic device use, including email, and that monitoring of student electronic device use is continuous.

No student will be granted Internet access until and unless an Internet and electronic device use agreement, signed by both the student and the parent or legal guardian (if the student is under the age of eighteen [18]) is on file. The current version of the Internet and electronic device use agreement is incorporated by reference into board policy and is considered part of the student handbook.

Technology Protection Measures

The District is dedicated to protecting students from materials on the Internet or world wide web that are inappropriate, obscene, or otherwise harmful to minors; therefore, it is the policy of the District to protect each electronic device with Internet filtering software that is designed to prevent students from accessing such materials. For purposes of this policy, “harmful to minors” means any picture, image, graphic image file, or other visual depiction that:
(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
(B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

Internet Use and Safety

The District is dedicated to ensuring that students are capable of using the Internet in a safe and responsible manner. The District uses technology protection measures to aid in student safety and shall also educate students on appropriate online behavior and Internet use including, but not limited to:
•	interacting with other individuals on social networking websites and in chat rooms;
•	Cyber bullying awareness; and
•	Cyber bullying response.

Misuse of Internet

The opportunity to use the District’s technology to access the Internet is a privilege and not a right. Students who misuse electronic devices or Internet access in any way will face disciplinary action, as specified in the student handbook and/or Internet safety and electronic device use agreement. Misuse of the Internet includes:
•	The disabling or bypassing of security procedures, compromising, attempting to compromise, or defeating the district’s technology network security or Internet filtering software;
•	The altering of data without authorization;
•	Disclosing, using, or disseminating passwords, whether the passwords are the student’s own or those of another student/faculty/community member, to other students;
•	Divulging personally identifying information about himself/herself or anyone else either on the Internet or in an email unless it is a necessary and integral part of the student's academic endeavor. Personally identifying information includes full names, addresses, and phone numbers.
•	Using electronic devices for any illegal activity, including electronic device hacking and copyright or intellectual property law violations;
•	Using electronic devices to access or create sexually explicit or pornographic text or graphics;
•	Using electronic devices to violate any other policy or is contrary to the Internet safety and electronic device use agreement.

Legal References:	Children’s Internet Protection Act; PL 106-554
FCC Final Rules 11-125 August 11, 2011
20 USC 6777
47 USC 254(h)(l)
47 CFR 54.520 
47 CFR 520(c)(4) 
A.C.A. § 6-21-107 
A.C.A. § 6-21-111

Date Adopted:  June 16, 2008
Last Revised:  June 19, 2014

4.29F—STUDENT ELECTRONIC DEVICE and INTERNET USE AGREEMENT

Student’s Name (Please Print)_____________________________________ Grade Level__________

School____________________________________________________________ Date____________

The Salem School District agrees to allow the student identified above (“Student”) to use the district’s technology to access the Internet under the following terms and conditions which apply whether the access is through a District or student owned electronic device (as used in this Agreement, "electronic device" means anything that can be used to transmit or capture images, sound, or data):

1. Conditional Privilege: The Student’s use of the district’s access to the Internet is a privilege conditioned on the Student’s abiding to this agreement. No student may use the district’s access to the Internet whether through a District or student owned electronic device unless the Student and his/her parent or guardian have read and signed this agreement.

2. Acceptable Use: The Student agrees that he/she will use the District’s Internet access for educational purposes only.  In using the Internet, the Student agrees to obey all federal and and state laws and regulations and any State laws and rules. The Student also agrees to abide by any Internet use rules instituted at the Student’s school or class, whether those rules are written or oral.

3. Penalties for Improper Use: If the Student violates this agreement and misuses the Internet, the Student shall be subject to disciplinary action.  [Note: A.C.A. § 6-21-107 requires the district to have “…provisions for administration of punishment of students for violations of the policy with stiffer penalties for repeat offenders, and the same shall be incorporated into the district’s written student discipline policy.” You may choose to tailor your punishments to be appropriate to the school’s grade levels.]

4. “Misuse of the District’s access to the Internet” includes, but is not limited to, the following:
a.	using the Internet for other than educational purposes;
b.	gaining intentional access or maintaining access to materials which are “harmful to minors” as defined by Arkansas law;
c.	using the Internet for any illegal activity, including computer hacking and copyright or intellectual property law violations;
d.	making unauthorized copies of computer software;
e.	accessing “chat lines” unless authorized by the instructor for a class activity directly supervised by a staff member;
f.	using abusive or profane language in private messages on the system; or using the system to harass, insult, or verbally attack others;
g.	posting anonymous messages on the system;
h.	using encryption software;
i.	wasteful use of limited resources provided by the school including paper;
j.	causing congestion of the network through lengthy downloads of files;
k.	vandalizing data of another user;
l.	obtaining or sending information which could be used to make destructive devices such as guns, weapons, bombs, explosives, or fireworks;
m.	gaining or attempting to gain unauthorized access to resources or files;
n.	identifying oneself with another person’s name or password or using an account  or password of another user without proper authorization;
o.	invading the privacy of individuals;
p.	divulging personally identifying information about himself/herself or anyone else either on the Internet or in an email unless it is a necessary and integral part of the student's academic endeavor. Personally identifying information includes full names, address, and phone number.
q.	using the network for financial or commercial gain without district permission;
r.	theft or vandalism of data, equipment, or intellectual property;
s.	attempting to gain access or gaining access to student records, grades, or files;
t.	introducing a virus to, or otherwise improperly tampering with the system;
u.	degrading or disrupting equipment or system performance;
v.	creating a web page or associating a web page with the school or school district without proper authorization;
w.	providing access to the District’s Internet Access to unauthorized individuals;
x.	failing to obey school or classroom Internet use rules; or
y.	taking part in any activity related to Internet use which creates a clear and present danger of the substantial disruption of the orderly operation of the district or any of its schools.
z.	Installing or downloading software on district computers without prior approval of the technology director or his/her designee.

5. Liability for debts: Students and their cosigners shall be liable for any and all costs (debts) incurred through the student’s use of the computers or access to the Internet including penalties for copyright violations.

6. No Expectation of Privacy: The Student and parent/guardian signing below agree that if the Student uses the Internet through the District’s access, that the Student waives any right to privacy the Student may have for such use. The Student and the parent/guardian agree that the district may monitor the Student’s use of the District’s Internet Access and may also examine all system activities the Student participates in, including but not limited to e-mail, voice, and video transmissions, to ensure proper use of the system. The District may share such transmissions with the Student’s parents/guardians.

7. No Guarantees: The District will make good faith efforts to protect children from improper or harmful matter which may be on the Internet. At the same time, in signing this agreement, the parent and Student recognize that the District makes no guarantees about preventing improper access to such materials on the part of the Student.

8. Signatures: We, the persons who have signed below, have read this agreement and agree to be bound by the terms and conditions of this agreement.

Student’s Signature: _______________________________________________Date _____________

Parent/Legal Guardian Signature: _____________________________________Date_____________

4.30—SUSPENSION FROM SCHOOL

Students not present at school cannot benefit from the educational opportunities the school environment affords. Administrators, therefore, shall strive to find ways to keep students in school as participants in the educational process. There are instances, however, when the needs of the other students or the interests of the orderly learning environment require the removal of a student from school. The Board authorizes school principals or their designees to suspend students for disciplinary reasons for a period of time not to exceed ten (10) school days, including the day upon which the suspension is imposed. The suspension may be in school or out of school. Students are responsible for their conduct that occurs: 
•	at any time on the school grounds; 
•	off school grounds at a school-sponsored function, activity, or event; 
•	going to and from school or a school activity. 

A student may be suspended for behavior including, but not limited to, that:

1.	Is in violation of school policies, rules, or regulations;

2.	Substantially interferes with the safe and orderly educational environment;

3.	School administrators believe will result in the substantial interference with the safe and orderly educational environment; and/or

4.	Is insubordinate, incorrigible, violent, or involves moral turpitude.

Out-of-school suspension (OSS) shall not be used to discipline a student in kindergarten through fifth (5th) grade unless the student's behavior:
a.	Poses a physical risk to himself or herself or to others;
b.	Causes a serious disruption that cannot be addressed through other means; or
c.	Is the act of bringing a firearm on school campus.

OSS shall not be used to discipline a student for skipping class, excessive absences, or other forms of truancy.

The school principal or designee shall proceed as follows in deciding whether or not to suspend a student.

1.	the student shall be given written notice or advised orally of the charges against him/her;

2.	if the student denies the charges, he/she shall be given an explanation of the evidence against him/her and be allowed to present his/her version of the facts;

3.	if the principal finds the student guilty of the misconduct, he/she may be suspended.

When possible, notice of the suspension, its duration, and any stipulations for the student’s re-admittance to class will be given to the parent(s), legal guardian(s), person(s) with lawful control of the student, person(s) standing in loco parentis, or to the student if age eighteen (18) or older prior to the suspension. Such notice shall be handed to the parent(s), legal guardian(s), person(s) having lawful control of the student, person(s) standing in loco parentis, or to the student if age eighteen (18) or older or mailed to the last address reflected in the records of the school district. 

Generally, notice and hearing should precede the student's removal from school, but if prior notice and hearing are not feasible, as where the student's presence endangers persons or property or threatens disruption of the academic process, thus justifying immediate removal from school, the necessary notice and hearing should follow as soon as practicable.

It is the responsibility of a student’s parents’, legal guardians’, person having lawful control of the student, or person standing in loco parentis to provide current contact information to the district, which the school shall use to immediately notify the parent, legal guardian, person having lawful control of a student, or person standing in loco parentis upon the suspension of a student. The notification shall be by one of the following means, listed in order of priority:2
•	A primary call number;
o	The contact may be by voice, voice mail, or text message.
•	An email address;
•	A regular first class letter to the last known mailing address.
•	

The district shall keep a log of contacts attempted and made to the parent, legal guardian, person having lawful control of the student, or person standing in loco parentis.

The District shall establish programs, measures, or alternative means and methods to continue student engagement and access to education during a student’s period of OSS.

During the period of their suspension, students serving OSS are not permitted on campus except to attend a student/parent/administrator conference or when necessary as part of the District’s engagement or access to education program.3

During the period of their suspension, students serving in-school suspension shall not attend any school-sponsored activities during the imposed suspension nor shall the student participate in any school-sponsored activities.

Suspensions initiated by the principal or his/her designee may be appealed to the Superintendent, but not to the Board.

Suspensions initiated by the Superintendent may be appealed to the Board.

Notes: To satisfy a student’s due process rights, make sure that all the IDEA requirements are met for students receiving special education services.

	1 The ten (10) school days are on a traditional school calendar. If your district uses a 4x4 block schedule, the number of days of suspension will need to be modified accordingly.

2 A.C.A. § 6-18-507(f)(3) requires attempts at contacting parents be made first by phone. If such contact fails, then contact may be by email, and if that is unsuccessful, contact may be by regular first class mail.

3 Your final language needs to match the language you have chosen for suspensions in policy 4.7.

Cross Reference:	4.7—ABSENCES

Legal References:	A.C.A. § 6-18-507
DESE Rules Governing Student Discipline and School Safety
Goss v Lopez, 419 U.S. 565 (1975)

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

4.31—EXPULSION

The Board of Education may expel a student for a period longer than ten (10) school days for violation of the District’s written discipline policies. The Superintendent may make a recommendation of expulsion to the Board of Education for student conduct:
Deemed to be of such gravity that suspension would be inappropriate;
•	Where the student’s continued attendance at school would disrupt the orderly learning environment; or
•	Would pose an unreasonable danger to the welfare of other students or staff.

Expulsion shall not be used to discipline a student in kindergarten through fifth (5th) grade unless the student's behavior: 
a.	Poses a physical risk to himself or herself or to others;
b.	Causes a serious disruption that cannot be addressed through other means; or
c.	Is the act of bringing a firearm on school campus.

The Superintendent or his/her designee shall give written notice to the parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis (mailed to the address reflected on the District’s records) that he/she will recommend to the Board of Education that the student be expelled for the specified length of time and state the reasons for the recommendation to expel. The notice shall give the date, hour, and place where the Board of Education will consider and dispose of the recommendation.

The hearing shall be conducted not later than ten (10) school days following the date of the notice, except that representatives of the Board and student may agree in writing to a date not conforming to this limitation.

The President of the Board, Board attorney, or other designated Board member shall preside at the hearing. The student may choose to be represented by legal counsel. Both the district administration and School Board also may be represented by legal counsel. The hearing shall be conducted in open session of the Board unless the parent, legal guardian, person having lawful control of the student, person standing in loco parentis, or student if age eighteen (18) or older, requests that the hearing be conducted in executive session. Any action taken by the Board shall be in open session.

During the hearing, the Superintendent, or designee, or representative will present evidence, including the calling of witnesses that gave rise to the recommendation of expulsion. The student, or his/her representative, may then present evidence including statements from persons with personal knowledge of the events or circumstances relevant to the charges against the student. Formal cross-examination will not be permitted; however, any member of the Board, the Superintendent, or designee, the student, or his/her representative may question anyone making a statement and/or the student. The presiding officer shall decide questions concerning the appropriateness or relevance of any questions asked during the hearing.

Except as permitted by policy 4.22, the Superintendent shall recommend the expulsion of any student for a period of not less than one (1) year for possession of any firearm prohibited on school campus by law. The Superintendent shall, however, have the discretion to modify the expulsion recommendation for a student on a case-by-case basis. Parents, legal guardians, persons having lawful control of a student, or persons standing in loco parentis of a student enrolling from another school after the expiration of an expulsion period for a weapons policy violation shall be given a copy of the current laws regarding the possibility of parental responsibility for allowing a child to possess a weapon on school property. The parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis shall sign a statement acknowledging that they have read and understand said laws prior to the student being enrolled in school.

The Superintendent and the Board of Education shall complete the expulsion process of any student that was initiated because the student possessed a firearm or other prohibited weapon on school property regardless of the enrollment status of the student.

The District shall establish programs, measures, or alternative means and methods to continue student engagement and access to education during a student’s period of expulsion. The District’s program shall include offering an expelled student an opportunity for enrollment in digital learning courses or other alternative educational courses that result in the receipt of academic credit that is at least equal to credit the expelled student may have received from the District if the student had not been expelled.

Notes:	To satisfy a student’s due process rights, make sure that all the IDEA requirements are met for students receiving special education services.

1 The ten (10) school days are on a traditional school calendar. If your district uses a 4x4 block schedule, the number of days of suspension will need to be modified accordingly.

2 The current law governing parental responsibility is A.C.A. § 5-27-210

Cross Reference: Policy 4.22—WEAPONS AND DANGEROUS INSTRUMENTS

Legal References:	A.C.A. § 6-15-1406
A.C.A. § 6-18-502
A.C.A. § 6-18-507
DESE Rules Governing Student Discipline and School Safety

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

4.32—SEARCH, SEIZURE, AND INTERROGATIONS

The District respects the rights of its students against arbitrary intrusion of their person and property. At the same time, it is the responsibility of school officials to protect the health, safety, and welfare of all students enrolled in the District in order to promote an environment conducive to student learning. The Superintendent, principals, and their designees have the right to inspect and search school property and equipment. They may also search students and their personal property in which the student has a reasonable expectation of privacy, when there is reasonable and individualized suspicion to believe such student or property contains illegal items or other items in violation of Board policy or dangerous to the school community. School authorities may seize evidence found in the search and disciplinary action may be taken. Evidence found which appears to be in violation of the law shall be reported to the appropriate authority.

School property shall include, but not be limited to, lockers, desks, and parking lots, as well as personal effects left there by students. When possible, prior notice will be given and the student will be allowed to be present along with an adult witness, however, searches may be done at any time with or without notice or the student’s consent. A personal search must not be excessively intrusive in light of the age and sex of the student and the nature of the infraction.

The Superintendent, principals, and their designees may request the assistance of law enforcement officials to help conduct searches.  Such searches may include the use of specially trained dogs.

A school official of the same sex shall conduct personal searches with an adult witness of the same sex present.

State Law requires that Department of Human Services employees, local law enforcement, or agents of the Crimes Against Children Division of the Division of Arkansas State Police, may interview students without a court order for the purpose of investigating suspected child abuse. In instances where the interviewers deem it necessary, they may exercise a “72-hour hold” without first obtaining a court order. Other questioning of students by non-school personnel shall be granted only with a court order directing such questioning, with permission of the parents of a student (or the student if above eighteen [18] years of age), or in response to a subpoena or arrest warrant. 

If the District makes a report to any law enforcement agency concerning student misconduct or if access to a student is granted to a law enforcement agency due to a court order, the principal or the principal’s designee shall make a good faith effort to contact the student’s parent, person having lawful control of the student, or person standing in loco parentis. The principal or the principal's designee shall not attempt to make such contact if presented documentation by the investigator that notification is prohibited because a parent, guardian, person having lawful control of the student, or person standing in loco parentis is named as an alleged offender of the suspected child maltreatment. This exception applies only to interview requests made by a law enforcement officer, an investigator of the Crimes Against Children Division of the Department of Arkansas State Police, or an investigator or employee of the Division of Human Services.

In instances other than those related to cases of suspected child abuse, principals must release a student to either a police officer who presents a subpoena for the student, or a warrant for arrest, or to an agent of state social services or an agent of a court with jurisdiction over a child with a court order signed by a judge. Upon release of the student, the principal or designee shall give the student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis notice that the student has been taken into custody by law enforcement personnel or a state’s social services agency. If the principal or designee is unable to reach the parent, he or she shall make a reasonable, good faith effort to get a message to the parent to call the principal or designee, and leave both a day and an after-hours telephone number.

Legal References:	A.C.A. § 6-18-513
			A.C.A. § 9-13-104
A.C.A. § 12-18-608, 610, 613
A.C.A. § 12-18-1001, 1005 

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

4.33—STUDENTS’ VEHICLES

A student, who has presented a valid driver’s license and proof of insurance to the appropriate office personnel, may drive his/her vehicle to school. Vehicles driven to school shall be parked in the area designated for student parking. Parking on school property is a privilege which may be denied to a student for any disciplinary violation, at the discretion of the student's building principal. 

Students are not permitted to loiter in parking areas and are not to return to their vehicles during the school day for any reason unless given permission to do so by school personnel.

It is understood that there is no expectation of privacy in vehicles in parking areas. Drivers of vehicles parked on a school campus will be held accountable for illegal substances or any other item prohibited by District policy found in their vehicle. The act of a student parking a vehicle on campus is a grant of permission for school or law enforcement authorities to search that vehicle.

Date Adopted:  June 16, 2008
Last Revised:  July 16, 2012

4.34—COMMUNICABLE DISEASES AND PARASITES

Students with communicable diseases or with human host parasites that are transmittable in a school environment shall demonstrate respect for other students by not attending school while they are capable of transmitting their condition to others. Students whom the school nurse determines are unwell or unfit for school attendance or who are believed to have a communicable disease or condition will be required to be picked up by their parent or guardian. Specific examples include, but are not limited to: Varicella (chicken pox), measles, scabies, conjunctivitis (Pink Eye), impetigo/MRSA (Methicillin-resistant Staphylococcus aureus), streptococcal and staphylococcal infections, ringworm, mononucleosis, Hepatitis B or C, mumps, vomiting, diarrhea, and fever (100.4 F when taken orally). A student who has been sent home by the school nurse will be subsequently readmitted, at the discretion of the school nurse, when the student is no longer a transmission risk. In some instances, a letter from a health care provider may be required prior to the student being readmitted to the school. 

To help control the possible spread of communicable diseases, school personnel shall follow the District's exposure control plan when dealing with any bloodborne, foodborne, and airborne pathogens exposures. Standard precautions shall be followed relating to the handling, disposal, and cleanup of blood and other potentially infectious materials such as all body fluids, secretions and excretions (except sweat). 

In accordance with 4.57 – IMMUNIZATIONS, the District shall maintain a copy of each student's immunization record and a list of individuals with exemptions from immunization which shall be education records as defined in policy 4.13. That policy provides that an education record may be disclosed to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. 

A student enrolled in the District who has an immunization exemption may be removed from school at the discretion of the Arkansas Department of Health during an outbreak of the disease for which the student is not vaccinated. The student may not return to the school until the outbreak has been resolved and the student's return to school is approved by the Arkansas Department of Health.

The parents or legal guardians of students found to have live human host parasites that are transmittable in a school environment will be asked to pick their child up immediately. The parents or legal guardians will be given information concerning the eradication and control of human host parasites. A student may be readmitted after, the school nurse or designee has determined the student no longer has live human host parasites that are transmittable in a school environment.

Each school may conduct screenings of students for human host parasites that are transmittable in a school environment as needed. The screenings shall be conducted in a manner that respects the privacy and confidentiality of each student.

Legal References:	A.C.A. § 6-18-702
ArkansasState Board of Health Rules Pertaining To Immunization Requirements
Division of Elementary and Secondary Education Rules Governing Kindergarten Through 12th Grade Immunization Requirements

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

4.35—STUDENT MEDICATIONS

Prior to the administration of any medication, including any dietary supplement or other perceived health remedy not regulated by the US Food and Drug Administration,  to any student under the age of eighteen (18), written parental consent is required. The consent form shall include authorization to administer the medication and relieve the Board and its employees of civil liability for damages or injuries resulting from the administration of medication to students in accordance with this policy. All signed medication consent forms are to be maintained by the school nurse.

Unless authorized to self-administer or otherwise authorized by this policy, students are not allowed to carry any medications, including over-the-counter (OTC) medications or any dietary supplement or other perceived health remedy not regulated by the US Food and Drug Administration,  while at school. The parent or legal guardian shall bring the student’s medication to the school nurse. The student may bring the medication if accompanied by a written authorization from the parent or legal guardian. When medications are brought to the school nurse, the nurse shall document, in the presence of the parent, the quantity of the medication(s). If the medications are brought by a student, the school nurse shall ask another school employee to verify, in the presence of the student the quantity of the medication(s). Each person present shall sign a form verifying the quantity of the medication(s).

Medications, including those for self-administration, must be in the original container and be properly labeled with the student’s name, the ordering provider’s name, the name of the medication, the dosage, frequency, and instructions for the administration of the medication (including times). Additional information accompanying the medication shall state the purpose for the medication, its  possible side effects, and any other pertinent instructions (such as special storage requirements) or warnings. Schedule II medications that are permitted by this policy to be brought to school shall be stored in a double locked cabinet.

Students with an individualized health plan (IHP) may be given OTC medications to the extent giving such medications are included in the student's IHP.

The district’s supervising registered nurse is responsible for creating procedures for the administration of medications on and off campus.

The school shall not keep outdated medications or any medications past the end of the school year. Parents shall be notified ten (10) days in advance of the school’s intention to dispose of any medication. Medications not picked up by the parents or legal guardians within the ten (10) day period shall be disposed of by the school nurse in accordance with current law and rules.1

Schedule II Medications2

Students taking Schedule II medications methylphenidate (e.g. Ritalin or closely related medications as determined by the school nurse), dextroamphetamine (Dexedrine), and amphetamine sulfate (e.g. Adderall or closely related medications as determined by the school nurse) shall be allowed to attend school.

Students taking Schedule II medications not included in the previous sentence3 shall be allowed to bring them to school under the provisions of this policy and shall be permitted to attend and participate in classes only to the extent the student’s doctor has specifically authorized such attendance and participation.4 A doctor’s prescription for a student’s Schedule II medication is not an authorization. Attendance authorization shall specifically state the degree and potential danger of physical exertion the student is permitted to undertake in the student's classes and extracurricular activities. Without a doctor’s written authorization, a student taking Schedule II medications, other than those specifically authorized in this policy, shall not be eligible to attend classes, but shall be eligible for homebound instruction if provided for in their IEP or 504 plans.5

 Self-Administration of Medication

Students who have written permission from their parent or guardian and a licensed health care practitioner on file with the District may:
1)	Self-administer either a rescue inhaler or auto-injectable epinephrine;
2)	Perform his/her own blood glucose checks;
3)	Administer insulin through the insulin delivery system the student uses;
4)	Treat the student’s own hypoglycemia and hyperglycemia; or
5)	Possess on his or her person:
a)	A rescue inhaler or auto-injectable epinephrine; or
b)	the necessary supplies and equipment to perform his/her own diabetes monitoring and treatment functions.

A student may be authorized to self-administer a stress dose medication to treat the student’s adrenal insufficiency with:
1.	The written authorization of the student's parent, legal guardian, or person standing in loco parentis; and
2.	A written order from the student's treating physician stating that the student:
a.	Is capable of completing the proper method of self-administration of the stress dose medication,; and
b.	Has been instructed on the details of the student’s medical condition and the events that may lead to an adrenal crisis.
The parent, legal guardian, or person standing in loco parentis of a student who is authorized to self-administer a stress dose medication shall sign an IHP developed by the school nurse for the school where the student is enrolled. The IHP shall include a requirement for the notification of appropriate staff following the self-administration of a stress dose medication, which shall include the school nurse, teacher of the classroom where the stress dose medication was administered, and a school administrator.

Students who have a current consent form on file shall be allowed to carry and self-administer such medication while:
•	In school;
•	At an on-site school sponsored activity;
•	While traveling to or from school; or
•	At an off-site school sponsored activity.

A student is prohibited from sharing, transferring, or in any way diverting his/her medications to any other person. The fact that a student with a completed consent form on file is allowed to carry a rescue inhaler, auto-injectable epinephrine, diabetes medication, stress dose medication, , or combination does not require the student to have such on the student’s person. The parent or guardian of a student who qualifies under this policy to self-carry a rescue inhaler, auto-injectable epinephrine, diabetes medication, stress dose medication, or any combination on the student’s person shall provide the school with the appropriate medication, which shall be immediately available to the student in an emergency.

Students may possess and use a topical sunscreen that is approved by the United States Food and Drug Administration for OTC use to avoid overexposure to the sun without written authorization from a parent, legal guardian, or healthcare professional while the student is on school property or at a school-related event or activity. The parent or guardian of a student may provide written documentation authorizing specifically named District employee(s), in addition to the school nurse, to assist a student in the application of sunscreen. The District employee(s) named in the parent or legal guardian’s written authorization shall not be required to assist the student in the application of sunscreen.

Emergency Administration of Glucagon and Insulin

Students may be administered Glucagon, insulin, or both in emergency situations by the school nurse or, in the absence of the school nurse, a trained volunteer school employee designated as a care provider, provided the student has:
1.	an IHP  that provides for the administration of Glucagon, insulin, or both in emergency situations; and
2.	a current, valid consent form on file from their parent or guardian. 

A student shall have access to a private area to perform diabetes monitoring and treatment functions as outlined in the student's IHP.

Emergency Administration of Epinephrine

The school nurse or other school employees designated by the school nurse as a care provider who have been trained6 and certified by a licensed physician may administer an epinephrine auto-injector in emergency situations to students who have an IHP that provides for the administration of an epinephrine auto-injector in emergency situations.

The parent of a student who has an authorizing IHP, or the student if over the age of eighteen (18), shall annually complete and sign a written consent form provided by the student's school nurse authorizing the nurse or other school employee(s) certified to administer auto-injector epinephrine to administer auto-injector epinephrine to the student when the employee believes the student is having a life-threatening anaphylactic reaction.

Students with an order from and a licensed health care provider to self-administer auto-injectable epinephrine and who have written permission from their parent or guardian shall provide the school nurse an epinephrine auto-injector. This epinephrine will be used in the event the school nurse, or other school employee certified to administer auto-injector epinephrine, in good faith professionally believes the student is having a life-threatening anaphylactic reaction and the student is either not self-carrying his/her /epinephrine auto-injector or the nurse is unable to locate it.

The school nurse for each District school shall keep epinephrine auto-injectors on hand that are suitable for the students the school serves. The school nurse or other school employee designated by the school nurse as a care provider who has been trained6 and certified by a licensed physician may administer auto-injector epinephrine to those students who the school nurse, or other school employee certified to administer auto-injector epinephrine, in good faith professionally believes is having a life-threatening anaphylactic reaction.
 
Emergency Administration of Albuterol

The school nurse or other school employees designated by the school nurse as a care provider who have been trained6 and certified by a licensed physician, advanced practice registered nurse, or physician assistant may administer albuterol in emergency situations to students who have an IHP that provides for the administration of albuterol in emergency situations.

The parent of a student who has an authorizing IHP, or the student if over the age of eighteen (18), shall annually complete and sign a written consent form provided by the student's school nurse authorizing the nurse or other school employee(s) certified to administer albuterol to administer albuterol to the student when the employee believes the student is in perceived respiratory distress.

The school nurse for each District school shall keep albuterol on hand. The school nurse or other school employee designated by the school nurse as a care provider who has been trained6 and certified by a licensed physician, advanced practice registered nurse, or physician assistant may administer albuterol to those students who the school nurse, or other school employee certified to administer albuterol, in good faith professionally believes is in perceived respiratory distress.

Emergency Administration of Anti-opioid

The school nurse for each District school shall keep anti-opioid injectors on hand. The school nurse, other school employee, volunteer, or student may administer anti-opioid in accordance with the District’s procedures to a student who the school nurse, or other observer, in good faith believes is having an opioid overdose.

Emergency Administration of Emergency Adrenal Insufficiency Medication

The school nurse or other school employees designated by the school nurse as a care provider who have been trained6 and certified by a licensed physician may administer an injectable emergency dose medication in emergency situations to students who have an IHP that provides for the administration of an injectible emergency dose medication in emergency situations.

The parent of a student who has an authorizing IHP, or the student if over the age of eighteen (18), shall annually complete and sign a written consent form provided by the student's school nurse authorizing the nurse or other school employee(s) certified to administer an injectable emergency dose medication to administer an injectable emergency dose medication to the student when the employee believes the student is having an adrenal crisis due to adrenal insufficiency.

Students who have met the requirements to be authorized to self-administer a stress dose medication under this policy shall provide the school nurse an emergency injectable dose of the student’s medication. This emergency injectable dose will be used in the event the school nurse, or other school employee certified to administer an injectable emergency dose medication, in good faith professionally believes the student is having an adrenal crisis due to adrenal insufficiency.

Notes:	A.C.A. § 17-87-103(11) provides for the administration of Glucagon, insulin, or both to students suffering from diabetes.

Districts are not under any obligation to “recruit” volunteers and 4.11 of the Rules explicitly states that no employee shall be pressured into volunteering.

1 The time frame in this paragraph is not statutorily mandated and may be changed to better suit your district and the employment contract of the school nurse. Any changes you make, however, need to address the need for students to have their medications through the last day of school and the reality of parent’s work schedules.

2 This policy offers two different options regarding permissibility of students attending and participating in classes while taking Schedule II medications. Be sure only one option is included in the adopted policy and delete the "Option One" or "Option Two" language after your selection along with the language for the unchosen option in the final version. Be sure to consult with your school nurse when selecting an option.

3 Here is a helpful, but not all-inclusive, list of prohibited Schedule II medications: Opium, morphine, codeine, hydromorphone (Dilaudid), methadone, meperidine (Demerol), cocaine, oxycodone (Percodan), amobarbital, pentobarbital, sufentanile, etorphine hydrochloride, phenylactone, dronabinol, secobarbital, and fentanyl.

4 A student who has surgery or is in an accident may be taking a Schedule II medication outside of those a student may take and be permitted to attend classes under Option 1 or may have been told by his/her doctor to not attend class during the time the student is taking the Schedule II medication. In such cases, a 504 plan can be developed to cover the duration of the student’s recovery, which could include homebound instruction.

5 The specific authorization should be provided on the doctor’s letterhead along with the completed Medication Administration Consent Form (4.35F).

6 The certification may be received through training that is provided by a nationally recognized organization experienced in training laypersons in emergency health treatment or other persons approved by the Department of Health. Examples of National programs are those provided by the American Heart Association and the American Red Cross.

Legal References:	Ark. State Board of Nursing: School Nurse Roles and Responsibilities
Division of Elementary and Secondary Education and Arkansas State Board of Nursing Rules Governing the Administration of Insulin, Glucagon, and Medication for Adrenal Insufficiency or Adrenal Crisis to Arkansas Public School Students 
A.C.A. § 6-18-701
A.C.A. § 6-18-707
A.C.A. § 6-18-711
A.C.A. § 6-18-714
A.C.A. § 6-18-717
A.C.A. § 17-87-103 (11) and (14)
A.C.A. § 20-13-405

Date Adopted:  June 16, 2008
Last Revised:  June 20, 2022

4.35F—MEDICATION ADMINISTRATION CONSENT FORM

Student’s Name (Please Print) _______________________________________________________

Medications, including those for self-medication, must be in the original container and be properly labeled with the student’s name, the ordering provider’s name, the name of the medication, the dosage, frequency, and instructions for the administration of the medication (including times). Additional information accompanying the medication shall state the purpose for the medication, its possible side effects, and any other pertinent instructions (such as special storage requirements) or warnings.

I hereby authorize the school nurse or his/her designee to administer the following medications to my student:  

Name(s) of medication(s) _____________________________________________________________

Name of physician or dentist (if applicable) ___________________________________________

Dosage ___________________________________________________________________________

Instructions for administering the medication _________________________________________

__________________________________________________________________________________

Other instructions _________________________________________________________________

I hereby authorize ____________________ to administer the above medication to my student in the unavailability of the school nurse at school in accordance with the above medication administration instructions.

I authorize the school nurse to take a photograph of my student to be used to verify my student’s identification before the school nurse or an authorized individual administers medications to my student.1

I acknowledge that the District, its Board of Directors, and its employees shall be immune from civil liability for damages resulting from the administration of medications in accordance with this consent form.

Parent or legal guardian signature ________________________Date _________________

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

4.35F3—Glucagon AND/OR INSULIN ADMINISTRATION CONSENT FORM

Student’s Name (Please Print) _________________________________________________________

This form is good for school year __________. This consent form must be updated anytime the student's medication order changes and renewed each year and/or anytime a student changes schools.

The school has developed an individual health plan (IHP) acknowledging that my child has been diagnosed as suffering from diabetes. The IHP authorizes the school nurse to administer Glucagon or insulin to my child in an emergency situation.

In the absence of the nurse, trained volunteer district personnel may administer to my child in an emergency situation:

Glucagon			______

Insulin				______

I hereby authorize the school nurse to administer Glucagon and insulin to my child, or, in the absence of the nurse, trained volunteer district personnel designated as care providers, to administer the medication(s) I selected above to my child in an emergency situation. I will supply the medication(s) I selected above to the school nurse in the original container properly labeled with the student’s name, the ordering provider’s name, the name of the medication, the dosage, frequency, and instructions for the administration of the medication (including times). Additional information accompanying the medication shall state the purpose for the medication, possible side effects, and any other pertinent instructions (such as special storage requirements) or warnings.

I acknowledge that the District, its Board of Directors, its employees, or an agent of the District, including a healthcare professional who trained volunteer school personnel designated as care providers shall not be liable for any damages resulting from his/her actions or inactions in the administration of Glucagon or insulin in accordance with this consent form and the IHP.

Parent or legal guardian signature ____________________________________________________

Date _________________

Date Adopted:  July 16, 2012
Last Revised:   July 27, 2015

4.35F2—MEDICATION SELF-ADMINISTRATION CONSENT FORM

Student’s Name (Please Print) _______________________________________________________

This form is good for school year __________. This consent form must be updated anytime the student's medication order changes and renewed each year and/or anytime a student changes schools.

The following must be provided for the student to be eligible to self-administer rescue inhalers and/or auto-injectable epinephrine. Eligibility is only valid for this school for the current academic year. 

•	a written medical statement from a health-care provider who has prescriptive privileges that he//she has prescribed the asthma inhaler and/or auto-injectable epinephrine for the student and that the student needs to carry the medication on his/her person due to a medical condition; 
•	the specific mediations prescribed for the student;
•	an individualized health care plan developed by the prescribing health-care provider containing the treatment plan for managing asthma and/or anaphylaxis episodes of the student and for medication use by the student during school hours; and
•	a statement from the prescribing health-care provider that the student possesses the skill and responsibility necessary to use and administer the asthma inhaler and/or auto-injectable epinephrine.

If the school nurse is available, the student shall demonstrate his/her skill level in using the asthma inhalers and/or auto-injectable epinephrine to the nurse.

Rescue inhalers and/or auto-injectable epinephrine for a student's self-administration shall be supplied by the student’s parent or guardian and be in the original container properly labeled with the student’s name, the ordering provider’s name, the name of the medication, the dosage, frequency, and instructions for the administration of the medication (including times). Additional information accompanying the medication shall state the purpose for the medication, its possible side effects, and any other pertinent instructions (such as special storage requirements) or warnings. 

Students who self-carry a rescue inhaler or an epinephrine auto-injector shall also provide the school nurse with a rescue inhaler or an epinephrine auto-injector to be used in emergency situations.

I understand this form authorizes my student to possess and use the medication(s) included on this form while on school grounds and at school sponsored events but that distribution of the medication(s) included on this form to other students may lead to disciplinary action against my student.

My signature below is an acknowledgment that I understand that the District, its Board of Directors, and its employees shall be immune from civil liability for injury resulting from the self-administration of medications by the student named above.

Parent or legal guardian signature ___________________________________________________
Date _________________

Date Adopted:  June 16, 2008
Last Revised:  June 17, 2019

4.35F4—EPINEPHRINE EMERGENCY ADMINISTRATION CONSENT FORM

Student’s Name (Please Print) _______________________________________________________

This form is good for school year __________. This consent form must be updated anytime the student's medication order changes and renewed each year and/or anytime a student changes schools.

My child has an IHP  that provides for the administration of epinephrine in emergency situations. I hereby authorize the school nurse or other school employee certified to administer auto-injectable epinephrine to administer auto-injectable epinephrine in emergency situations when he/she believes my child is having a life-threatening anaphylactic reaction. 

The medication must be in the original container and be properly labeled with the student’s name, the ordering provider’s name, the name of the medication, the dosage, frequency, and instructions for the administration of the medication (including times). Additional information accompanying the medication shall state the purpose for the medication, its possible side effects, and any other pertinent instructions (such as special storage requirements) or warnings.

Date of physician's order ___________________________________________

Circumstances under which Epinephrine may be administered __________________________________________________________________________________

__________________________________________________________________________________

Other instructions ___________________________________________________________________

__________________________________________________________________________________

I acknowledge that the District, its Board of Directors, and its employees shall be immune from civil liability for damages resulting from the administration of auto-injector epinephrine in accordance with this consent form, District policy, and Arkansas law.

Parent or legal guardian signature ___________________________________________________

Date _________________

Date Adopted:  June 17, 2019
Last Revised: June 17, 2019

4.35F5—ALBUTEROL EMERGENCY ADMINISTRATION CONSENT FORM

Student’s Name (Please Print) _______________________________________________________

This form is good for school year __________. This consent form must be updated anytime the student's medication order changes and renewed each year and/or anytime a student changes schools.

My child has an IHP that provides for the administration of albuterol in emergency situations. I hereby authorize the school nurse or other school employee certified to administer albuterol to administer albuterol in emergency situations when he/she believes my child is in perceived respiratory distress. 

The medication must be in the original container and be properly labeled with the student’s name, the ordering provider’s name, the name of the medication, the dosage, frequency, and instructions for the administration of the medication (including times). Additional information accompanying the medication shall state the purpose for the medication, its possible side effects, and any other pertinent instructions (such as special storage requirements) or warnings.

Date of physician's order ___________________________________________

Circumstances under which albuterol may be administered __________________________________________________________________________________

__________________________________________________________________________________

Other instructions ___________________________________________________________________

__________________________________________________________________________________

I acknowledge that the District, its Board of Directors, and its employees shall be immune from civil liability for damages resulting from the administration of albuterol in accordance with this consent form, District policy, and Arkansas law.

Parent or legal guardian signature ______________________________________________________

Date _________________

Date Adopted:  June 17, 2019
Last Revised:  June 17, 2019

4.35F6—STRESS AND EMERGENCY DOSE MEDICATION ADMINISTRATION CONSENT FORM

Student’s Name (Please Print) __________________________________________________________

This form is good for school year __________. This consent form must be updated anytime the student's medication order changes and renewed each year and/or anytime a student changes schools.

The school has developed an individual health plan (IHP) acknowledging that my child has been diagnosed as suffering from adrenal insufficiency. The IHP authorizes the school nurse to administer a stress or emergency dose medication to my child in an emergency situation.

Date of physician's order ___________________________________________

Circumstances under which the stress or emergency dose medication may be administered ___________________________________

__________________________________________________________________________________

Other instructions _________________________________________________________________

__________________________________________________________________________________

In the absence of the nurse, trained volunteer district personnel may administer a stress dose or emergency dose medication to my child in an emergency situation.

I hereby authorize the school nurse to administer a stress or emergency dose medication to my child, or, in the absence of the nurse, trained volunteer district personnel designated as care providers, to administer the stress or emergency dose medication to my child in an emergency situation. I will supply the stress or emergency dose medication to the school nurse in the original container properly labeled with the student’s name, the ordering provider’s name, the name of the medication, the dosage, frequency, and instructions for the administration of the medication (including times). Additional information accompanying the medication shall state the purpose for the medication, possible side effects, and any other pertinent instructions (such as special storage requirements) or warnings.

I acknowledge that the District, its Board of Directors, its employees, or an agent of the District, including a healthcare professional who trained volunteer school personnel designated as care providers shall not be liable for any damages resulting from his/her actions or inactions in the administration of the stress or emergency dose medication in accordance with this consent form and the IHP.

Parent or legal guardian signature _________________________________________	Date _____________

Date Adopted:	June 21, 2021
Last Revised:	June 21, 2021
4.35F7—STRESS DOSE MEDICATION SELF-ADMINISTRATION CONSENT FORM

Student’s Name (Please Print) _______________________________________________________

This form is good for school year __________. This consent form must be updated anytime the student's medication order changes and renewed each year and/or anytime a student changes schools.

The following must be provided for the student to be eligible to self-administer a stress dose medication. Eligibility is only valid for this school for the current academic year. 

•	a written statement from a licensed health-care provider who has prescriptive privileges that he/she has prescribed the stress dose medication for the student and that the student needs to carry the medication on his/her person due to a medical condition; 
•	the specific medications prescribed for the student;
•	an individualized health care plan developed by the prescribing health-care provider containing the treatment plan for managing adrenal insufficiency of the student and for medication use by the student during school hours; and
•	A statement from the prescribing health-care provider that the student:
o	Possesses the skill and responsibility necessary to use and administer the stress dose medication; and
o	Has been instructed on the details of his or her medical condition and the events that may lead to an adrenal crisis.

If the school nurse is available, the student shall demonstrate his/her skill level in administering the stress dose medication to the nurse.

Stress dose medication for a student's self-administration shall be supplied by the student’s parent or guardian and be in the original container properly labeled with the student’s name, the ordering provider’s name, the name of the medication, the dosage, frequency, and instructions for the administration of the medication (including times). Additional information accompanying the medication shall state the purpose for the medication, its possible side effects, and any other pertinent instructions (such as special storage requirements) or warnings. 

Students who self-carry stress dose medication shall also provide the school nurse with a dose of the stress dose medication to be used in emergency situations.

I understand this form authorizes my student to possess and use the medication included on this form while on school grounds and at school sponsored events but that distribution of the medication included on this form to other students may lead to disciplinary action against my student.

My signature below is an acknowledgment that I understand that the District, its Board of Directors, and its employees shall be immune from civil liability for injury resulting from the self-administration of medications by the student named above.

Parent or legal guardian signature _________________________________________	Date _____________

Date Adopted:	June 21, 2021
Last Revised:	June 21, 2021

4.36—STUDENT ILLNESS/ACCIDENT

If a student becomes too ill to remain in class and/or could be contagious to other students, the principal or designee will attempt to notify the student’s parent or legal guardian. The student will remain in the school’s health room or a place where he/she can be supervised until the end of the school day or until the parent/legal guardian can check the student out of school.1 

If a student becomes seriously ill or is injured while at school and the parent/legal guardian cannot be contacted, the failure to make such contact shall not unreasonably delay the school’s expeditious transport of the student to an appropriate medical care facility. The school assumes no responsibility for treatment of the student. When available, current, and applicable, the student’s emergency contact numbers and medical information will be utilized. Parents are strongly encouraged to keep this information up to date.

Note: 	1 Students who are eighteen (18) years of age or older are considered to be legal adults, and as such have the right to check themselves out of school.

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

4.37—EMERGENCY DRILLS

All schools in the District shall conduct fire drills at least monthly. Tornado drills shall also be conducted not fewer than three (3) times per year.1 Students who ride school buses2 shall also participate in emergency evacuation drills at least twice each school year.

The District shall annually conduct a lockdown drill at all schools in the District schools in collaboration with local law enforcement and emergency management personnel. The lockdown drill training will include use of the District’s emergency communication method with law enforcement.3,4 Students will be included in the drills to the extent that is developmentally appropriate for the age of both the students and grade configuration of the school.5

Drills may be conducted during the instructional day or during non-instructional time periods.

Other types of emergency drills may also be conducted to test the implementation of the District's emergency plans in the event of violence, terrorist attack, natural disaster, other emergency, or the District’s  emergency communication with law enforcement method3. Students shall be included in the drills to the extent practicable.5

Notes:	Districts are required to conduct a comprehensive school safety audit to assess the safety, security, accessibility, and emergency preparedness of district buildings and grounds in collaboration with local law enforcement, fire, and emergency management officials. The school safety audit must be conducted at least once every three (3) years, with the initial school safety audit being completed by no later than August 1, 2024. The comprehensive school safety audit shall be conducted by more than one (1) individual, which must include at least one (1) individual who is not assigned to the district facility being audited. The comprehensive school safety audit shall include at least all of the following:
o	Safety and security of the site and exterior of buildings;
o	Access control;
o	Safety and security of the interior of buildings; 
o	Monitoring and surveillance, including without limitation type and extent;
o	Communication and information security;
o	Review of emergency operation plans; and
o	School climate and culture.

1 If your district is determined to be within an area susceptible to earthquakes, add the following:
Earthquake safety drills shall be conducted in accordance with the District’s safety plan.

2 Students who only ride buses occasionally, such as to go to and/or from a field trip will also have to participate in the evacuation drills.

3 Due to the State opting to not appropriate funding for an emergency communication method with law enforcement, including a panic button alert system, districts are no longer required to have an emergency communication method with law enforcement, such as a panic button alert system, but may continue to do so if they choose. If you choose not to continue to provide an emergency communication method with law enforcement, remove references to it from this policy. If you choose to continue to provide a panic button alert system as your emergency communication method with law enforcement, A.C.A. § 6-15-1302 requires that a district’s Panic Button Alert System meet the following requirements:
a)	Connect the caller with 911 while simultaneously notifying designated on-site personnel;
b)	Directly integrate into the existing statewide Smart911 system.
c)	Be available for use as a smartphone application and have a mechanism for panic notifications to be triggered by non-smartphone wireless callers and landline callers; and
d)	Be limited to users designated, approved, and confirmed by school administrators.

Smart911 is required to provide a way for schools to geo-fence the school campus and provide and manage floor plans and other documents to assist emergency responders when they automatically display during a 911 call. Districts are responsible for keeping the floor plans and pertinent emergency contact information for the statewide Smart911 system up to date, which must be done at least annually or if substantial building modifications or changes are made.

4 The purpose of the training is to allow participants to:
•	 Assess the plan and ability of the district to prevent and respond to a threat on campus;
•	Clarify the roles and responsibilities of each individual when an emergency occurs; and
•	Discuss the logistics of handling an emergency on the school campus;
•	Identify areas in which the school safety plan should be modified.; and
•	Collaborate with local law enforcement and emergency management officials.

45 Student involvement will need to be worked out school by school and determined relative to grade and age considerations in conjunction with the actual content of the drill. There may be drills conducted that do not include any students due to the explicit nature of the drill and the age of the students while a drill in another school would include students. There are so many facets of responding to a school intruder/shooting incident that it's difficult to know when your planning has dealt with all the contingencies. A good resource on active shooter drills is the “I Love You Guys” Foundation, which was created by the parents of the victim of the school shooting at Platte Canyon High School in Colorado to develop a protocol to advance school safety. The Foundation has free materials for districts that can be a big help when developing protocols and training for both personnel and students. A description of the Foundation’s recommended protocol and the materials can be found at http://iloveuguys.org/srp.html. An additional resource is the Federal government’s “Federal School Safety Clearinghouse”, which is located at schoolsafety.gov. Some of these sites’ information could also be applied to the other emergency plans required by statute and this policy.

Legal References:	A.C.A. § 12-13-109
A.C.A. § 6-10-110
A.C.A. § 6-10-121
A.C.A. § 6-15-1302
A.C.A. § 6-15-1303
A.C.A. § 6-15-1304
Ark. Division of Academic Facilities and Transportation Rules Governing Maintenance and Operations of Ark. Public School Buses and Physical Examinations of School Bus Drivers 4.03.1

Date Adopted: 	June 21, 2021
Last Revised:	June 21, 2021

4.38—PERMANENT RECORDS

Permanent school records, as required by the Division of Elementary and Secondary Education (DESE), shall be maintained for each student enrolled in the District until the student receives a high school diploma or its equivalent or is beyond the age of compulsory school attendance. A copy of the student’s permanent record shall be provided to the receiving school within ten (10) school days after the date a request from the receiving school district is received.

Legal References:	A.C.A. § 6-18-901
A.C.A. § 6-28-107
DESE Rules Governing Student Permanent Records

Date Adopted:  June 16, 2008
Last Revised:  June 21, 2021

4.39—CORPORAL PUNISHMENT

The Salem School Board authorizes the use of corporal punishment to be administered in accordance with this policy by a school administrator.

Prior to the administration of corporal punishment, the student receiving the corporal punishment shall be given an explanation of the reasons for the punishment and be given an opportunity to refute the charges.

All corporal punishment shall be administered privately, i.e. out of the sight and hearing of other students, and shall be administered in the presence of another licensed staff member as a witness, shall not be excessive, or administered with malice. 

Corporal punishment shall not be used as a form of discipline for a student who is intellectually disabled, non-ambulatory, non-verbal, or autistic.2

Note:  
1 If you have individuals employed under a waiver from licensure, add “or who are an         administrator or teacher employed under a waiver from licensure”.      
 
2 The immunity from civil liability that exists for performing corporal punishment does not apply if the student who receives corporal punishment is intellectually disabled, non-ambulatory, non-verbal, or autistic.

Legal References:	A.C.A. § 6-18-503(b)
DESE Rules Governing Student Discipline and School Safety
DESE Rules Governing Special Education and Related Services Section 11.00 Discipline

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

4.40—HOMELESS STUDENTS

The Salem School District will afford the same services and educational opportunities to homeless children as are afforded to non-homeless children. The Superintendent or his/her designee shall appoint an appropriate staff person to be the local educational liaison for homeless children and youth whose responsibilities shall include coordinating with the state educational liaison for homeless children and youth to ensure that homeless children are not stigmatized or segregated on the basis of their status as homeless and such other duties as are prescribed by law and this policy. 

Notwithstanding Policy 4.1, homeless students living in the district are entitled to enroll in the district’s school that non-homeless students who live in the same attendance area are eligible to attend. If there is a question concerning the enrollment of a homeless child due to a conflict with Policy 4.1 or 4.2, the child shall be immediately admitted to the school in which enrollment is sought pending resolution of the dispute. It is the responsibility of the District’s local educational liaison for homeless children and youth to carry out the dispute resolution process. 

To the extent feasible, the District shall do one of the following according to what is in the best interests of a homeless child. For the purposes of this policy “school of origin” means the school the child attended when permanently housed or the school in which the child was last enrolled.)
1.	continue educating the child who becomes homeless between academic years or during an academic year in their school of origin for the duration of their homelessness; 
2.	continue educating the child in his/her school of origin who becomes permanently housed during an academic year for the remainder of the academic year; or
3.	enroll the homeless child in the school appropriate for the attendance zone where the child lives. 

If the District elects to enroll a homeless child in a school other than their school of origin and such action is against the wishes of the child’s parent or guardian, the District shall provide the parent or guardian with a written explanation of their reason for so doing which shall include a statement of the parent/guardian’s right to appeal. 

In any instance where the child is unaccompanied by a parent or guardian, the District’s local educational liaison for homeless children and youth shall assist the child in determining his/her place of enrollment. The Liaison shall provide the child with a notice of his/her right to appeal the enrollment decision. 

The District shall be responsible for providing transportation for a homeless child, at the request of the parent or guardian (or in the case of an unaccompanied youth, the Liaison), to and from the child’s school of origin.* 

For the purposes of this policy, students shall be considered homeless if they lack a fixed, regular, and adequate nighttime residence and
A.	Are:
•	sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; 
•	are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; 
•	living in emergency or transitional shelters; 
•	abandoned in hospitals; or
B.	Have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
C. Are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 
D. Are migratory children who are living in circumstances described in clauses (a) through (c). 

Legal References**:	42 U.S.C. § 11431 et seq.
42 U.S.C. § 11431 (2)
42 U.S.C. § 11432(g)(1)(H)(I)
42 U.S.C. § 11432 (g)(1)(J)(i), (ii), (iii), (iii)(I), (iii)(II)
42 U.S.C. § 11432 (g)(3)(A), (A)(i), (A)(i)(I), (A)(i)(II), (A)(ii)
42 U.S.C. § 11432 (g)(3)(B)(i), (ii), (iii)
42 U.S.C. § 11432 (g)(3)(C)(i), (ii), (iii)
42 U.S.C. § 11432 (g)(3)(E)(i), (ii), (iii)
42 U.S.C. § 11432 (g)(3)(G)
42 U.S.C. § 11432 (g)(4) (A), (B), (C), (D), (E)
42 U.S.C. § 11434a
Commissioner’s Memo COM-18-044

Date Adopted:  June 16, 2008
Last Revised:  April 16, 2018

4.41—PHYSICAL EXAMINATIONS OR SCREENINGS

The Salem School District may provide from time to time for the administration of physical exams or screenings of its students. The intent of the exams or screenings shall be to detect contagious or infectious diseases or defects in hearing, vision, or other elements of health that would adversely affect the student’s ability to achieve to his/her full potential. 

Except in instances where a student is suspected of having a contagious or infectious disease, parents shall have the right to opt their student out of the exams or screenings by using form 4.41F or by providing certification from a physician that he/she has recently examined the student. 

A student may be required to pass a physical exam before being allowed to participate in certain extracurricular activities to help ensure they are physically capable of withstanding the rigors of the activity. It is understood that students who refuse to take such an exam will not be allowed to participate in the desired activity.

The rights provided to parents under this policy transfer to the student when he/she turns eighteen (18) years old.

Legal Reference:	A.C.A. § 6-18-701 (b), (c), (f)
20 USC § 1232h (c) [NCLB Act of 2001, Part F, Section 1061 (c) (1)(D), (2)(A)(i)(ii)(B)(C)(iii)(I)(II)(III), (4)(B)(ii), (5)(B), (6)(B)(C)]

Date Adopted:  June 16, 2008
Last Revised:  June 16, 2008

4.41F—OBJECTION TO PHYSICAL EXAMINATIONS OR SCREENINGS

I, the undersigned, being a parent or guardian of a student, or a student eighteen (18) years of age or older, hereby note my objection to the physical examination or screening of the student named below.

Physical examination or screening being objected to:

____ Vision test

____ Hearing test

____ Scoliosis test

____ Other, please specify __________________________________________________________________

Comments:

________________________________________________________________________________________

__________________________________________
Name of student (Printed)

_________________________________________
Signature of parent (or student, if 18 or older)

__________________________________________
Date form was filed (To be filled in by office personnel)

4.42—STUDENT HANDBOOK

It shall be the policy of the Salem School District that the most recently adopted version of the Student Handbook be incorporated by reference into the policies of this district.  In the event that there is a conflict between the student handbook and a general board policy or policies, the more recently adopted language will be considered binding and controlling on the matter provided the parent(s) of the student, or the student if 18 years of age or older have acknowledged receipt of the controlling language. 

Principals shall review all changes to student policies and ensure that such changes are provided to students and parents, either in the Handbook or, if changes are made after the handbook is printed, as an addendum to the handbook.

Principals and counselors shall also review Policies 4.45—SMART CORE CURRICULUM AND GRADUATION and the current ADE Standards for Accreditation Rules to ensure that there is no conflict. If a conflict exists, the Principal and/or Counselor shall notify the Superintendent and Curriculum Coordinator immediately, so that corrections may be made and notice of the requirements given to students and parents. 

Date Adopted:  June 16, 2008
Last Revised:  August 22, 2013

4.43—BULLYING

Definitions

“Attribute” means an actual or perceived personal characteristic including without limitation race, color, religion, ancestry, national origin, socioeconomic status, academic status, disability, gender, gender identity, physical appearance, health condition, or sexual orientation;

“Bullying” means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or public school employee by a written, verbal, electronic, or physical act that may address an attribute of the other student, public school employee, or person with whom the other student or public school employee is associated and that causes or creates actual or reasonably foreseeable:
•	Physical harm to a public school employee or student or damage to the public school employee's or student's property;
•	Substantial interference with a student's education or with a public school employee's role in education;
•	A hostile educational environment for one (1) or more students or public school employees due to the severity, persistence, or pervasiveness of the act; or
•	Substantial disruption of the orderly operation of the school or educational environment;
Examples of "Bullying" include, but are not limited to, a pattern of behavior involving one or more of the following:
1.	Cyber bullying;
2.	Sarcastic comments "compliments" about another student’s personal appearance or actual or perceived attributes,
3.	Pointed questions intended to embarrass or humiliate,
4.	Mocking, taunting or belittling,
5.	Non-verbal threats and/or intimidation such as “fronting” or “chesting” a person,
6.	Demeaning humor relating to a student’s actual or perceived attributes,
7.	Blackmail, extortion, demands for protection money or other involuntary donations or loans,
8.	Blocking access to school property or facilities,
9.	Deliberate physical contact or injury to person or property,
10.	Stealing or hiding books or belongings, 
11.	Threats of harm to student(s), possessions, or others,
12.	Sexual harassment, as governed by policy 4.27, is also a form of bullying, and/or
13.	Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether the student self-identifies as homosexual or transgender (Examples: “Slut”, “You are so gay.”, “Fag”, “Queer”).

"Cyber bullying" means any form of communication by electronic act that is sent with the purpose to:
o	Harass, intimidate, humiliate, ridicule, defame, or threaten a student, school employee, or person with whom the other student or school employee is associated; or
o	Incite violence towards a student, school employee, or person with whom the other student or school employee is associated.
Cyber bullying of School Employees includes, but is not limited to:
a.	Building a fake profile or website of the employee;
b.	Posting or encouraging others to post on the Internet private, personal, or sexual information pertaining to a school employee;
c.	Posting an original or edited image of the school employee on the Internet;
d.	Accessing, altering, or erasing any computer network, computer data program, or computer software, including breaking into a password-protected account or stealing or otherwise accessing passwords of a school employee;
e.	Making repeated, continuing, or sustained electronic communications, including electronic mail or transmission, to a school employee;
f.	Making, or causing to be made, and disseminating an unauthorized copy of data pertaining to a school employee in any form, including without limitation the printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network;
g.	Signing up a school employee for a pornographic Internet site; or 
h.	Without authorization of the school employee, signing up a school employee for electronic mailing lists or to receive junk electronic messages and instant messages.
Cyber bullying is prohibited whether or not the cyber bullying originated on school property or with school equipment, if the cyber bullying results in the substantial disruption of the orderly operation of the school or educational environment or is directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school and has a high likelihood of succeeding in that purpose.

“Harassment” means a pattern of unwelcome verbal or physical conduct relating to another person's constitutionally or statutorily protected status that causes, or reasonably should be expected to cause, substantial interference with the other's performance in the school environment; and

“Substantial disruption” means without limitation that any one or more of the following occur as a result of the bullying:
•	Necessary cessation of instruction or educational activities;
•	Inability of students or educational staff to focus on learning or function as an educational unit because of a hostile environment;
•	Severe or repetitive disciplinary measures are needed in the classroom or during educational activities; or
•	Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment.

Respect for the dignity of others is a cornerstone of civil society. Bullying creates an atmosphere of fear and intimidation, robs a person of his/her dignity, detracts from the safe environment necessary to promote student learning, and will not be tolerated by the Board of Directors. Students who bully another person shall be held accountable for their actions whether they occur on school equipment or property; off school property at a school sponsored or approved function, activity, or event; going to or from school or a school activity in a school vehicle or school bus; or at designated school bus stops.

Students are encouraged to report behavior they consider to be bullying, including a single action which if allowed to continue would constitute bullying, to their teacher or the building principal. The report may be made anonymously. Teachers and other school employees who have witnessed, or are reliably informed that, a student has been a victim of behavior they consider to be bullying, including a single action which if allowed to continue would constitute bullying, shall report the incident(s) to the building principal, or designee, as soon as possible. Parents or legal guardians may submit written reports of incidents they feel constitute bullying, or if allowed to continue would constitute bullying, to the building principal, or designee.

The person or persons reporting behavior they consider to be bullying shall not be subject to retaliation or reprisal in any form.

A building principal, or designee, who receives a credible report or complaint of bullying shall:
1.	As soon as reasonably practicable, but by no later than the end of the school day following the receipt of the credible report of bullying:
a.	Report to a parent, legal guardian, person having lawful control of a student, or person standing in loco parentis of a student that their student is the victim in a credible report of bullying; and
b.	Prepare a written report of the alleged incident of bullying;
2.	Promptly investigate the credible report or complaint of bullying, which shall be completed by no later than the fifth (5th) school day following the completion of the written report.
3.	Notify within five (5) days following the completion of the investigation the parent, legal guardian, person having lawful control of a student, or person standing in loco parentis of a student who was the aledged victim in a credible report of bullying whether the investigation found the credible report or complaint of bullying to be true and the availability of counseling and other intervention services.
4.	Notify within five (5) days following the completion of the investigation the parent, legal guardian, person having lawful control of the student, or person acting in loco parentis of the student who is alleged to have been the perpetrator of the incident of bullying:
a.	That a credible report or complaint of bullying against their student exists;
b.	Whether the investigation found the credible report or complaint of bullying to be true;
c.	Whether action was taken against their student upon the conclusion of the investigation of the alleged incident of bullying; and
d.	Information regarding the reporting of another alleged incident of bullying, including potential consequences of continued incidents of bullying;
5.	Make a written record of the investigation, which shall include:
a.	A detailed description of the alleged incident of bullying, including without limitation a detailed summary of the statements from all material witnesses to the alleged incident of bullying;
b.	Any action taken as a result of the investigation; and
6.	Discuss, as appropriate, the availability of counseling and other intervention services with students involved in the incident of bullying.

Students found to be in violation of this policy shall be subject to disciplinary action up to and including expulsion. In determining the appropriate disciplinary action, consideration may be given to other violations of the student handbook which may have simultaneously occurred.1 In addition to any disciplinary actions, the District shall take appropriate steps to remedy the effects resulting from bullying.

Notice of what constitutes bullying, the District’s prohibition against bullying, and the consequences for students who bully shall be conspicuously posted in every classroom, cafeteria, restroom, gymnasium, auditorium, and school bus.2 Parents, legal guardians, person having lawful control of a student, persons standing in loco parentis, students, school volunteers, and employees shall be given copies of the notice annually.3

The superintendent shall make a report annually to the Board of Directors on student discipline data, which shall include, without limitation, the number of incidents of bullying reported and the actions taken regarding the reported incidents of bullying.

Copies of this policy shall be available upon request.4

Notes:	DESE has created a guidance document on bullying that could be useful in developing staff and student training on bullying. The document can be found at https://dese.ade.arkansas.gov/Offices/communications/safety/anti-bullying-and-violence-prevention.

Different consequences are permitted depending on the age or grade of the bullying student.

1 Example: a student might be disciplined both for bullying and sexual harassment, in an appropriate situation, or bullying and assault.

2 Suggestion for the posted notice: Create a circle with a line through it over the word Bullying (similar to a non-smoking logo). Beside the logo write: Mean talk or hurting other people is called bullying. Bullying is against the rules and can get you in trouble, suspended, or expelled. If someone bullies you, or you see someone being bullied, get help by telling an adult.

3 Copies of the notices are required to be published in any district Publication that sets forth the comprehensive rules, procedures, and standards of conduct for the schools within the district as well as the student handbook.

4 There should be a statement in the Student Handbook to this effect.

Legal References:	A.C.A. § 5-71-217
A.C.A. § 6-18-514
DESE Rules Governing Student Discipline and School Safety

Date Adopted:  June 16, 2008
Last Revised:  June 20, 2022

4.44—NATIONAL ANTHEM

Each school in the District shall broadcast The Star-Spangled Banner at:
•	The commencement of each school-sanctioned sporting event; however, if two (2) or more school-sanctioned sporting events occur on the same day at the same school, then the broadcast of The Star-Spangled Banner may be performed at only one (1) of the events; and
•	At least one (1) time each week during school hours.

The broadcast of The Star-Spangled Banner shall be selected from any recording that adheres to the Division of Elementary and Secondary Education (DESE) Rules, or, when appropriate, performed from original sheet music that adheres to DESE rules by:
o	A school-sanctioned band program; 
o	A school-sanctioned chorale program, vocal group, or vocalist; or
o	The attendees of a school-sanctioned event led by a vocalist selected by the principal of the school hosting the school-sanctioned event.

Students shall not be compelled to participate in the performance of The Star-Spangled Banner, but students who choose not to participate in the performance of The Star-Spangled Banner shall not disrupt those students choosing to participate in the performance of The Star-Spangled Banner. Students choosing not to participate in the performance of The Star-Spangled Banner who do not disrupt the participation of performance of The Star-Spangled Banner shall not be subject to any comments, retaliation, or disciplinary action.

Legal References:	A.C.A. § 6-10-136
DESE Rules Governing the Star-Spangled Banner Act

Date Adopted:	June 21, 2021
Last Revised:	June 20, 2022

4.45—SMART CORE CURRICULUM AND GRADUATION REQUIREMENTS FOR THE CLASSES OF 2023, 2024, AND 2025

All students are required to participate in the Smart Core curriculum unless their parents or guardians, or the students if they are eighteen (18) years of age or older, sign a Smart Core Waiver Form to not participate. While Smart Core is the default option, a Smart Core Information Sheet and a Smart Core Waiver Form1 will be sent home with students prior to their enrolling in seventh (7th) grade, or when a seventh (7th) through twelfth (12th) grade student enrolls in the district for the first time and there is not a signed waiver form in the student’s permanent record. This policy is to be included in student handbooks for grades six (6) through twelve (12) and both students and parents must sign an acknowledgement they have received the policy. Those students not participating in the Smart Core curriculum will be required to fulfill the Core curriculum or the the Alternate Pathway to Graduation when required by their IEP to be eligible for graduation. Counseling by trained personnel shall be available to students and their parents or legal guardians prior to the deadline for them to sign and return the waiver form.

While there are similarities between the two curriculums, following the Core curriculum may not qualify students for some scholarships and admission to certain colleges could be jeopardized. Students initially choosing the Core curriculum may subsequently change to the Smart Core curriculum providing they would be able to complete the required course of study by the end of their senior year.2 Students wishing to change their choice of curriculums must consult with their counselor to determine the feasibility of changing paths.

This policy, the Smart Core curriculum, and the courses necessary for graduation shall be reviewed by staff, students, and parents at as part of the annual school district support plan development process3 to determine if changes need to be made to better serve the needs of the district’s students. The superintendent, or his/her designee, shall select the composition of the review panel. 

Sufficient information relating to Smart Core and the district’s graduation requirements shall be communicated to parents and students to ensure their informed understanding of each. This may be accomplished through any or all of the following means:4
•	Inclusion in the student handbook of the Smart Core curriculum and graduation requirements; 
•	Discussion of the Smart Core curriculum and graduation requirements at the school’s annual public meeting, PTA meetings, or a meeting held specifically for the purpose of informing the public on this matter;
•	Discussions held by the school’s counselors with students and their parents; and/or
•	Distribution of a newsletter(s) to parents or guardians of the district’s students.

Administrators, or their designees, shall train newly hired employees, required to be licensed as a condition of their employment, regarding this policy. The district’s annual professional development shall include the training required by this paragraph.5

To the best of its ability, the District shall follow the requirements covering the transfer of course credit and graduation set forth in the Interstate Compact on Educational Opportunity for Military Children and the Arkansas Military Child School Transitions Act of 2021 for all students who meet the definition of “eligible child” in Policy 4.2—ENTRANCE REQUIREMENTS including the waiving of specific courses that are required for graduation if similar coursework has been satisfactorily completed.

GRADUATION REQUIREMENTS
The number of units students must earn to be eligible for high school graduation is to be earned from the categories listed below. A minimum of twenty-two (22) units is required for graduation for a student participating in either the Smart Core or Core curriculum.

All students must pass receive a passing score on the Arkansas Civics Exam  in order to graduate.

Students shall be trained in quality psychomotor skill bases in cardiopulmonary resuscitation and the use of automated external defibrillators in order to graduate.

Digital Learning Courses
The District shall offer one or more digital learning course(s) through one or more District approved provider(s) as either a primary or supplementary method of instruction. The courses may be in a blended learning, online-based, or other technology-based format.7 In addition to the other graduation requirements contained in this policy, students are required to take at least one (1) digital learning course for credit while in high school.

Personal and Family Finance
All students shall receive credit in a course covering the Personal and Family Finance Standards in order to graduate.

SMART CORE: Sixteen (16) units

English: four (4) units – 9th, 10th, 11th, and 12th 

Oral Communications: one-half (½) unit 

Mathematics: four (4) units (all students under Smart Core must take a mathematics course in grade 11 or 12 and complete Algebra II.)
1)	Algebra I or Algebra A & B* which may be taken in grades 7-8 or 8-9;
2)	Geometry or Investigating Geometry or Geometry A & B* which may be taken in grades 8-9 or 9-10;
*A two-year algebra equivalent or a two-year geometry equivalent may each be counted as two units of the four-unit requirement for the purpose of meeting the graduation requirement, but only serve as one unit each toward fulfilling the Smart Core requirement. 
3)	Algebra II; and
4)	The fourth unit may be either:
•	A math unit approved by DESE beyond Algebra II:; or
•	A computer science flex credit may be taken in the place of a fourth math credit.

Natural Science: three (3) 
a.	DESE approved biology – 1 credit;
b	 DESE approved physical science – 1 credit; and
c.	A third unit that is either:
o	An additional science credit approved by DESE; or
o	A computer science flex credit may be taken in the place of a third science credit.

Social Studies: three (3) units
•	Civics one-half (½) unit
•	World History - one unit
•	American History - one unit
•	Other social studies – one-half (1/2) unit

Physical Education: one-half (½) unit
Note: While one-half (½) unit is required for graduation, no more than one (1) unit may be applied toward fulfilling the necessary units to graduate.

Health and Safety: one-half (½) unit

Economics – one half (½) unit – dependent upon the licensure of the teacher teaching the course, this can count toward the required three (3) social studies credits or the six (6) required Career Focus elective credits.9

Fine Arts: one-half (½) unit

CAREER FOCUS: - Six (6) units
All career focus unit requirements shall be established through guidance and counseling based on the student’s contemplated work aspirations.  Career focus courses shall conform to the curriculum policy of the district and reflect state curriculum frameworks through course sequencing and career course concentrations where appropriate.

A student who enlists in a branch of the United States Armed Forces or the National Guard through the military delayed entry program, the National Guard Split Training Option, or other similar early entry program and completes basic training before graduating from high school shall receive two (2) units of the Career Focus graduation requirements.

A student who completes at least seventy-five (75) clock hours of documented community service in grades nine (9) through twelve (12) at any certified service agency or a part of a service-learning school program shall receive one (1) Career Focus credit.9

CORE: Sixteen (16) units

English: four (4) units – 9th 10th 11th and 12th

Oral Communications: one-half (½) unit
Mathematics: four (4) units
•	Algebra or its equivalent* - 1 unit  
•	Geometry or its equivalent* - 1 unit 
•	All math units must build on the base of algebra and geometry knowledge and skills.
•	(Comparable concurrent credit college courses may be substituted where applicable)
•	 A computer science flex credit may be taken in the place of a math credit beyond Algebra I and Geometry
*A two-year algebra equivalent or a two-year geometry equivalent may each be counted as two units of the four (4) unit requirement.

Science: three (3) units
a.	DESE approved biology – 1 credit;
b.	DESE approved physical science – 1 credit; and
c.	A third unit that is either:
o	An additional science credit approved by DESE; or
o	A computer science flex credit may be taken in the place of a third science credit.

Social Studies: three (3) units
•	Civics one-half (½) unit
•	World history, one (1) unit
•	American History, one (1) unit
•	Other social studies – one-half (1/2) unit

Physical Education: one-half (½) unit
Note: While one-half (½) unit is required for graduation, no more than one (1) unit may be applied toward fulfilling the necessary units to graduate.

Health and Safety: one-half (½) unit

Economics – one half (½) unit – dependent upon the licensure of the teacher teaching the course, this can count toward the required three (3) social studies credits or the six (6) required Career Focus elective credits.9

Fine Arts: one-half (½) unit

CAREER FOCUS: - Six (6) units
All career focus unit requirements shall be established through guidance and counseling based on the student’s contemplated work aspirations.  Career focus courses shall conform to the curriculum policy of the district and reflect state curriculum frameworks through course sequencing and career course concentrations where appropriate.

A student who enlists in a branch of the United States Armed Forces or the National Guard through the military delayed entry program, the National Guard Split Training Option, or other similar early entry program and completes basic training before graduating from high school shall receive two (2) units of the Career Focus graduation requirements.

A student who completes at least seventy-five (75) clock hours of documented community service in grades nine (9) through twelve (12) at any certified service agency or a part of a service-learning school program shall receive one (1) Career Focus credit.9

Notes:	1 The Smart Core Information Sheet and the Smart Core Waiver Form are available on the ADE website at https://dese.ade.arkansas.gov/Offices/learning-services/curriculum-support/arkansas-graduation-requirements under the “Related Links” heading.
 Cross References: 	4.55—STUDENT PROMOTION AND RETENTION
			5.2—PLANNING FOR EDUCATIONAL IMPROVEMENT
5.11—DIGITAL LEARNING COURSES
5.12—COMPUTER SCIENCE INTERNSHIPS AND INDEPENDENT STUDIES
5.16—COMPUTER SCIENCE COURSE PREREQUISITES AND PROGRESSION

Legal References: 	Standards for Accreditation 1-C.2, 1-C.2.1, 1-C.2.2, 1-C.2.3
DESE Guidelines for the Development of Smart Core Curriculum Policy
DESE Rules Governing Distance and Digital Learning
Smart Core Information Sheet 
Smart Core Waiver Form 
Commissioner’s Memo LS-18-082
A.C.A. § 6-4-302
A.C.A. § 6-16-122
A.C.A. § 6-16-143
A.C.A. § 6-16-149
A.C.A. § 6-16-150
A.C.A. § 6-16-1406
A.C.A. § 6-28-115

Date Adopted: June 19, 2017
Last Revised: April 18, 2022

4.45.1—SMART CORE CURRICULUM AND GRADUATION REQUIREMENTS FOR THE CLASS OF 2026 AND THEREAFTER

All students are required to participate in the Smart Core curriculum unless their parents or guardians, or the students if they are eighteen (18) years of age or older, sign a Smart Core Waiver Form to not participate. While Smart Core is the default option, a Smart Core Information Sheet and a Smart Core Waiver Form1 will be sent home with students prior to their enrolling in seventh (7th) grade, or when a seventh (7th) through twelfth (12th) grade student enrolls in the district for the first time and there is not a signed waiver form in the student’s permanent record. This policy is to be included in student handbooks for grades six (6) through twelve (12) and both students and parents must sign an acknowledgement they have received the policy. Those students not participating in the Smart Core curriculum will be required to fulfill the Core curriculum or the Alternate Pathway to Graduation when required by their IEP to be eligible for graduation. Counseling by trained personnel shall be available to students and their parents or legal guardians prior to the deadline for them to sign and return the waiver form.

While there are similarities between the two curriculums, following the Core curriculum may not qualify students for some scholarships and admission to certain colleges could be jeopardized. Students initially choosing the Core curriculum may subsequently change to the Smart Core curriculum providing they would be able to complete the required course of study by the end of their senior year.2 Students wishing to change their choice of curriculums must consult with their counselor to determine the feasibility of changing paths.

This policy, the Smart Core curriculum, and the courses necessary for graduation shall be reviewed by staff, students, and parents as part of the annual school district support plan development process3 to determine if changes need to be made to better serve the needs of the district’s students. The superintendent, or his/her designee, shall select the composition of the review panel. 

Sufficient information relating to Smart Core and the district’s graduation requirements shall be communicated to parents and students to ensure their informed understanding of each. This may be accomplished through any or all of the following means:4
•	Inclusion in the student handbook of the Smart Core curriculum and graduation requirements; 
•	Discussion of the Smart Core curriculum and graduation requirements at the school’s annual public meeting, PTA meetings, or a meeting held specifically for the purpose of informing the public on this matter;
•	Discussions held by the school’s counselors with students and their parents; and/or
•	Distribution of a newsletter(s) to parents or guardians of the district’s students.

Administrators, or their designees, shall train newly hired employees, required to be licensed as a condition of their employment, regarding this policy. The district’s annual professional development shall include the training required by this paragraph.5

To the best of its ability, the District shall follow the requirements covering the transfer of course credit and graduation set forth in the Interstate Compact on Educational Opportunity for Military Children and the Arkansas Military Child School Transitions Act of 2021 for all students who meet the definition of “eligible child” in Policy 4.2—ENTRANCE REQUIREMENTS including the waiving of specific courses that are required for graduation if similar coursework has been satisfactorily completed.

GRADUATION REQUIREMENTS
The number of units students must earn to be eligible for high school graduation is to be earned from the categories listed below. A minimum of twenty-two (22) units is required for graduation for a student participating in either the Smart Core or Core curriculum. In addition to the twenty-two (22) units required for graduation by the Division of Elementary and Secondary Education (DESE), the district requires an additional __ units to graduate for a total of __ units. The additional required units may be taken from any electives offered by the district.6 There are some distinctions made between Smart Core units and Graduation units. Not all units earned toward graduation necessarily apply to Smart Core requirements.

All students must receive a passing score on the Arkansas Civics Exam in order to graduate.

Students shall be trained in quality psychomotor skill bases in cardiopulmonary resuscitation and the use of automated external defibrillators in order to graduate.

Digital Learning Courses
The District shall offer one or more digital learning course(s) through one or more District approved provider(s) as either a primary or supplementary method of instruction. The courses may be in a blended learning, online-based, or other technology-based format.7 In addition to the other graduation requirements contained in this policy, students are required to take at least one (1) digital learning course for credit while in high school.

Personal and Family Finance
All students shall receive credit in a course covering the Personal and Family Finance Standards in order to graduate.

Computer Science
All students shall earn one (1) unit of credit in a computer science course in order to graduate.

SMART CORE: Sixteen (16) units

English: four (4) units – 9th, 10th, 11th, and 12th

Oral Communications: one-half (½) unit 

Mathematics: four (4) units (all students under Smart Core must take a mathematics course in grade 11 or 12 and complete Algebra II.)
1)	Algebra I or Algebra A & B* which may be taken in grades 7-8 or 8-9;
2)	Geometry or Geometry A & B* which may be taken in grades 8-9 or 9-10;
* A two-year algebra equivalent or a two-year geometry equivalent may each be counted as two units of the four-unit requirement for the purpose of meeting the graduation requirement, but only serve as one unit each toward fulfilling the Smart Core requirement. 
3)	Algebra II; and
4)	The fourth unit may be either:
•	A math unit approved by DESE beyond Algebra II; or
•	A computer science flex credit may be taken in the place of a fourth math credit.

Natural Science: three (3) units
a.	DESE approved biology – 1 credit;
b.	DESE approved physical science – 1 credit; and
c.	A third unit that is either:
o	An additional science credit approved by DESE; or
o	A computer science flex credit may be taken in the place of a third science credit.

Social Studies: three (3) units
•	Civics - one-half (½) unit
•	World History - one unit
•	American History - one unit
•	Other social studies – one-half (½) Unit

Physical Education: one-half (½) unit
Note: While one-half (½) unit is required for graduation, no more than one (1) unit may be applied toward fulfilling the necessary units to graduate.

Health and Safety: one-half (½) unit

Economics – one half (½) unit – dependent upon the licensure of the teacher teaching the course, this can count toward the required three (3) social studies credits or the six (6) required Career Focus elective credits.8

Fine Arts: one-half (½) unit

CAREER FOCUS: - Six (6) units
All career focus unit requirements shall be established through guidance and counseling based on the student’s contemplated work aspirations.  Career focus courses shall conform to the curriculum policy of the district and reflect state curriculum frameworks through course sequencing and career course concentrations where appropriate.

A student who enlists in a branch of the United States Armed Forces or the National Guard through the military delayed entry program, the National Guard Split Training Option, or other similar early entry program and completes basic training before graduating from high school shall receive two (2) units of the Career Focus graduation requirements.

a student who completes at least seventy-five (75) clock hours of documented community service in grades nine (9) through twelve (12) at any certified service agency or a part of a service-learning school program shall receive one (1) Career Focus credit.9

CORE: Sixteen (16) units

English: four (4) units – 9th, 10th, 11th, and 12th 

Oral Communications: one-half (½) unit

Mathematics: four (4) units
•	Algebra or its equivalent* - 1 unit
•	Geometry or its equivalent* - 1 unit
•	All math units must build on the base of algebra and geometry knowledge and skills.
•	(Comparable concurrent credit college courses may be substituted where applicable)
•	A computer science flex credit may be taken in the place of a math credit beyond Algebra I and Geometry
* A two-year algebra equivalent or a two-year geometry equivalent may each be counted as two units of the four (4) unit requirement.

Science: three (3) units
d.	DESE approved biology – 1 credit;
e.	DESE approved physical science – 1 credit; and
f.	A third unit that is either:
o	An additional science credit approved by DESE; or
o	A computer science flex credit may be taken in the place of a third science credit.

Social Studies: three (3) units
•	Civics one-half (½) unit
•	World history, one (1) unit
•	American History, one (1) unit
•	Other social studies – one-half (½) unit

Physical Education: one-half (½) unit
Note: While one-half (½) unit is required for graduation, no more than one (1) unit may be applied toward fulfilling the necessary units to graduate.

Health and Safety: one-half (½) unit

Economics – one half (½) unit – dependent upon the licensure of the teacher teaching the course, this can count toward the required three (3) social studies credits or the six (6) required Career Focus elective credits.8

Fine Arts: one-half (½) unit

CAREER FOCUS: - Six (6) units
All career focus unit requirements shall be established through guidance and counseling based on the student’s contemplated work aspirations. Career focus courses shall conform to the curriculum policy of the district and reflect state curriculum frameworks through course sequencing and career course concentrations where appropriate.

A student who enlists in a branch of the United States Armed Forces or the National Guard through the military delayed entry program, the National Guard Split Training Option, or other similar early entry program and completes basic training before graduating from high school shall receive two (2) units of the Career Focus graduation requirements.

a student who completes at least seventy-five (75) clock hours of documented community service in grades nine (9) through twelve (12) at any certified service agency or a part of a service-learning school program shall receive one (1) Career Focus credit.9

Notes:	1 The Smart Core Information Sheet and the Smart Core Waiver Form are available on the ADE website at https://dese.ade.arkansas.gov/Offices/learning-services/curriculum-support/arkansas-graduation-requirements under the “Related Links” heading.

2 The DESE’s Guidelines stipulate completion by the end of the senior year. We believe this is not in agreement with A.C.A. § 6-18-202(b)(1), which requires public schools to be open through the completion of the secondary program to students between the ages of five (5) and twenty-one (21). Therefore, we suggest that students be allowed to switch from Core to Smart Core if they could successfully complete its requirements by the time they attained their twenty first (21st) birthday. Acceptance of a diploma negates a student’s right to switch programs.

3 We recommend including the review of this policy in the school district support plan process so that the resources intended to be provided from the district level are in alignment with your graduation requirements (including any changes to the state level graduation requirements).

4 Schools are required to retain documentation procedures and methods used.

5 The Guidelines require the policy to include the training “procedure.” If you prefer a different procedure than inclusion in your district’s annual professional development process, change this sentence accordingly. 

6 This sentence is necessary if your district requires more than twenty-two (22) units to graduate; without the sentence and you substitute a number greater than twenty-two (22), it appears that the DESE requires more than twenty-two (22) units to graduate. If you have specific requirements for the additional units, change the sentence’s wording to reflect those requirements.

7 For a detailed explanation/discussion of district options for digital learning courses see policy 5.11—DIGITAL LEARNING COURSES.

8 The Rules specify the option is dependent upon the licensure of the teacher. Specifically, if the course is taught by a licensed social studies teacher, both options exist. If the course is taught by a licensed business education teacher, the credit must be applied toward the career focus requirement.

9 In order for students to receive the community service learning (CLS) credit, the district must have completed and submitted a CLS plan to DESE. In addition, a partner site application must be approved by both the district’s board of directors and by the State Board if an organization the District has partnered with, rather than a District employee, is responsible for certifying a student’s hours of service. Districts who do not intend to submit a CLS plan should not include this language.

Cross References:	4.55—STUDENT PROMOTION AND RETENTION
5.2—PLANNING FOR EDUCATIONAL IMPROVEMENT
5.11—DIGITAL LEARNING COURSES
5.12—COMPUTER SCIENCE INTERNSHIPS AND INDEPENDENT STUDIES
5.16—COMPUTER SCIENCE COURSE PREREQUISITES AND PROGRESSION

Legal References:	Standards for Accreditation 1-C.2, 1-C.2.1, 1-C.2.2, 1-C.2.3
DESE Guidelines for the Development of Smart Core Curriculum Policy
DESE Rules Governing Distance and Digital Learning
Smart Core Information Sheet
Smart Core Waiver Form
Commissioner’s Memo LS-18-082
A.C.A. § 6-4-302
A.C.A. § 6-16-122
A.C.A. § 6-16-143
A.C.A. § 6-16-149
A.C.A. § 6-16-150
A.C.A. § 6-16-152
A.C.A. § 6-16-1406
A.C.A. § 6-28-115

Date Adopted:	June 21, 2021
Last Revised:	June 21, 2021

4.46—PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

The Pledge of Allegiance shall be recited: During the first class period of each school day;
1.	At the commencement of each school-sanctioned after-school assembly; and
2.	At the commencement of each school-sanctioned sporting event; however, if two (2) or more school-sanctioned sporting events occur on the same day at the same school, then the Pledge may be recited at only one (1) of the school-sanctioned sporting events.
Students choosing to participate in the recitation of the Pledge shall do so by facing the flag with their right hands over their hearts, or in an appropriate salute if in uniform, while reciting the Pledge. Students choosing not to participate shall either stand or sit quietly while the other students recite the Pledge.

Students shall not be compelled to recite the Pledge, but students who choose not to recite the Pledge shall not disrupt those students choosing to recite the Pledge. Students choosing not to recite the Pledge who do not disrupt those students who choose to recite the Pledge shall not be subject to any comments, retaliation, or disciplinary action.

Following the recitation of the Pledge, there shall be an observance of one (1) minute of silence. During the one (1) minute of silence, each student may reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student. Students who do not disrupt the one (1) minute of silence shall not be subject to any comments, retaliation, or disciplinary action.

Legal References:	A.C.A. § 6-10-115
A.C.A. § 6-16-108

Date Adopted:  June 16, 2008
Last Revised:  June 21, 2021

4.47—POSSESSION AND USE OF CELL PHONES AND OTHER ELECTRONIC 
DEVICES

Students are responsible for conducting themselves in a manner that respects the rights of others. Possession and use of any electronic device, whether district or student owned, that interferes with a positive, orderly classroom environment does not respect the rights of others and is expressly forbidden. 

To protect the security of statewide assessments, no electronic device, as defined in this policy, shall be accessible by a student at any time during assessment administration unless specifically permitted by a student's individualized education program (IEP) or individual health plan;1 this means that when a student is taking an AESAA assessment, the student shall not have his/her electronic device in his/her possession. Any student violating this provision shall be subject to this policy's disciplinary provisions.  The prohibition in this policy does not extend to the electronic device the District provides the student for the student’s use during assessment administration to the extent the student is using the District provided device to complete the assessment.

As used in this policy, “electronic devices” means anything that can be used to transmit or capture images, sound, or data.

Misuse of electronic devices includes, but is not limited to:
1.	Using electronic devices during class time in any manner other than specifically permitted by the classroom instructor;
2.	Permitting any audible sound to come from the device when not being used for reason #1 above;
3.	Engaging in academic dishonesty, including cheating, intentionally plagiarizing, wrongfully giving or receiving help during an academic examination, or wrongfully obtaining test copies or scores;

4.	Using the device to record audio or video or to take photographs in areas where a general expectation of personal privacy exists, including but not limited to locker rooms and bathrooms;
5.	Creating, sending, sharing, viewing, receiving, or possessing an indecent visual depiction of oneself or another person.

Use of an electronic device is permitted to the extent it is approved in a student’s individualized education program (IEP) or it is needed in an emergency that threatens the safety of students, staff, or other individuals.

Use of an electronic device is permitted to the extent it is approved in a student’s individualized education program (IEP) or it is needed in an emergency that threatens the safety of students, staff, or other individuals.

Before and after normal school hours, possession of electronic devices is permitted on the school campus. The use of such devices at school sponsored functions outside the regular school day is permitted to the extent and within the limitations allowed by the event or activity the student is attending.

A parent shall obtain approval from the student’s building principal before operating a student-tracking safety device at school or at a school-sponsored event if the device has recording or listen-in capability. The District requires the device’s recording and listen-in technology to be disabled while the device is on the campus or at the school-sponsored event because of student privacy concerns. The District prohibits unauthorized audio or visual recordings or transmission of audio or images of other students. The student’s parent shall agree in writing to the requirement for the device’s recording and listening-in technology to be disabled and that the District may prohibit future use of the device on campus or at a school-sponsored activity if it is determined that the device’s recording or listening-in capabilities were used in violation of this policy before the student safety tracking device may be on campus or at a school-sponsored event.

The student and/or the student’s parents or guardians expressly assume any risk associated with students owning or possessing electronic devices. Students misusing electronic devices shall have them confiscated. Confiscated devices may be picked up at the school’s administration office by the student’s parents or guardians. Students have no right of privacy as to the content contained on any electronic devices that have been confiscated.

Students who use school issued cell phones and/or computers for non-school purposes, except as permitted by the district’s Internet/computer use policy, shall be subject to discipline, up to and including suspension or expulsion. Students are forbidden from using school issued cell phones while driving any vehicle at any time. Violation may result in disciplinary action up to and including expulsion.

No student shall use any wireless communication device for the purposes of browsing the internet; composing or reading emails and text messages; or making or answering phone calls while driving a motor vehicle that is in motion and on school property. Violation may result in disciplinary action up to and including suspension.

Legal References:	A.C.A. § 6-15-2907
A.C.A. § 6-18-515
A.C.A. § 27-51-1602
A.C.A. § 27-51-1603
A.C.A. § 27-51-1609
DESE Test Administration Manual
DESE Rules Governing Student Discipline and School Safety

Date Adopted:  June 16, 2008
Last Revised:  July 21, 2020

4.48—VIDEO SURVEILLANCE AND OTHER STUDENT MONITORING
 
The Board of Directors has a responsibility to maintain discipline, protect the safety, security, and welfare of its students, staff, and visitors while at the same time safeguarding district facilities, vehicles, and equipment. As part of fulfilling this responsibility, the board authorizes the use of video/audio surveillance cameras, automatic identification technology, data compilation devices, and technology capable of tracking the physical location of district equipment, students, and/or personnel. 

The placement of video/audio surveillance cameras shall be based on the presumption and belief that students, staff and visitors have no reasonable expectation of privacy anywhere on or near school property, facilities, vehicles, or equipment, with the exception of places such as rest rooms or dressing areas where an expectation of bodily privacy is reasonable and customary. 

Signs shall be posted on campus buildings and in district vehicles to notify students, staff, and visitors that video cameras may be in use. Parents and students shall also be notified through the student handbook that cameras may be in use in school buildings, on school grounds and in school vehicles. Students will be held responsible for any violations of school discipline rules caught by the cameras and other technologies authorized in this policy. 

The district shall retain copies of video recordings until they are erased   which may be accomplished by either deletion or copying over with a new recording. 

Videos, automatic identification, or data compilations containing evidence of a violation of student conduct rules and/or state or federal law shall be retained until the issue of the misconduct is no longer subject to review or appeal as determined by board policy or student handbook;2 any release or viewing of such records shall be in accordance with current law. 

Students who vandalize, damage, disable, or render inoperable (temporarily or permanently) surveillance cameras and equipment, automatic identification, or data compilation devices shall be subject to appropriate disciplinary action and referral to appropriate law enforcement authorities. 

Legal References:	20 USC 1232(g)
			20 U.S.C. 7115
			34 CFR 99.3, 4, 5, 7, 8, 10, 12, 31

Date Adopted:  June 16, 2008
Last Revised:  June 19, 2014

4.49—SPECIAL EDUCATION

In accordance with the Individuals With Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and Arkansas Statutes, the district shall provide a free appropriate public education and necessary related services to all children with disabilities who reside: 
•	Within the district boundaries; or
•	Outside of the District boundaries but are enrolled in the District.

It is the intent of the district to ensure that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated and provided with appropriate educational services. Students may be disabled within the meaning of Section 504 of the Rehabilitation Act even though they do not require services pursuant to the IDEA.

For students eligible for services under IDEA, the District shall follow procedures for identification, evaluation, placement, and delivery of services to children with disabilities provided in the state and federal statutes governing special education. Implementation of an Individualized Education Program (IEP) in accordance with the IDEA satisfies the district's obligation to provide a free and appropriate education under Section 504.

The Board directs the superintendent to ensure procedures are in place for the implementation of special education services and that programs are developed to conform to the requirements of state and federal legislation. The superintendent is responsible for appointing a district coordinator for overseeing district fulfillment of its responsibilities regarding students with disabilities.1 Among the coordinator’s responsibilities shall be ensuring district enforcement of the due process rights of students with disabilities and their parents.

Cross Reference:	6.7—COMPLAINTS

Legal References:	34 C.F.R. part 300 
20 U.S.C. §1400 et seq. 
29 U.S.C. § 794
42 U.S.C. §12101 et seq.
A.C.A. § 6-41-102
A.C.A. § 6-41-103
A.C.A. § 6-41-201 et seq.

Date Adopted:  June 23, 2009
Last Revised:  April 20, 2020

4.50—SCHOOL MEAL MODIFICATIONS

The district only provides substitute meal components on menus to accommodate students with handicapping conditions meeting the definition of a disability as defined in USDA regulations.  A parent/guardian wishing to request such a dietary accommodation must submit a Certification of Disability for Special Dietary Needs Form completed by a licensed physician to the district’s Director of Child Nutrition.

•	Physicians, including those licensed by:
o	The Arkansas State Medical Board;
o	The Arkansas State Board of Chiropractic Examiners (Chiropractors);
o	The Arkansas Board of Podiatric Medicine (Podiatrists);
•	Nurse Practitioners (APRNs in family or pediatric practice with prescriptive authority);
•	Physician Assistants (PAs who work in collaborative practice with a physician); and
•	Dentists.

The medical statement should include:
1.	A description of the student’s disability that is sufficient to understand how the disability restricts the student’s diet;
2.	An explanation of what must be done to accommodate the disability, which may include:
a.	Food(s) to avoid or restrict;
b.	Food(s) to substitute;
c.	Caloric modifications; or
d.	The substitution of a liquid nutritive formula.

If the information provided in the medical statement is unclear, or lacks sufficient detail, the district’s Director of Child Nutrition1 shall request additional information so that a proper and safe meal can be provided.

When choosing an appropriate approach to accommodate a student’s disability, the District will consider the expense and efficiency of the requested accommodations. The District will offer a reasonable modification that effectively accommodates the child’s disability and provides equal opportunity to participate in or benefit from the program, which may include a generic version of a product.

Parents may file a grievance regarding the request for accommodations with the District’s 504 Coordinator3, who will schedule a hearing on the grievance to be held as soon as possible. The 504 coordinator shall provide a copy of the procedures governing the hearing, including that the parent has the right to be accompanied by counsel, and the appeal process upon request.

The district will not prepare meals outside the normal menu to accommodate a family’s religious or personal health beliefs. 

Legal References:	Commissioner’s Memo FIN-09-044
Commissioner’s Memo FIN-15-122
Commissioner’s Memo CNU-17-051
Commissioner’s Memo CNU-18-008
Commissioner’s Memo CNU-18-023
Commissioner’s Memo CNU-18-025
7 CFR 210.10(g)

Date Adopted:  June 23, 2009
Last Revised:  April 16, 2018

4.51— FOOD SERVICE PREPAYMENT

Meal Charges
The district does not provide credit for students to charge for meals, a la carte, or other food and beverage items available for purchase in the school food service areas. Meals, a la carte, or other food and beverage items may be purchased by either providing payment for the items at the time of receipt or by having a prepaid account with the District that may be charged for the items. Parents, or students choosing to do so, may pay in advance for meals, a la carte, or other food and beverage items through any of the following methods:2
•	Submitting cash or check payment in the high school lunchroom and to the classroom teacher  in the elementary;
•	depositing funds through the District’s online service;

A student’s parents will be contacted by authorized District personnel regarding a student’s prepaid account balance as needed;

Unpaid Meal Access 
In accordance with Arkansas law, the District allows students whose accounts do not have enough funds to purchase a meal to receive an unpaid reimbursable meal at no charge. When the student’s prepaid account balance has dropped to the point that the student will begin receiving unpaid meals;  
o	Each time the student receives the first unpaid meal after money has been deposited into the student’s prepaid account; and
o	After the student has received five (5) unpaid meals.

Students who have submitted proper documentation to receive a meal modification in accordance with Policy 4.50—SCHOOL MEAL MODIFICATIONS shall receive the same type of modification for an unpaid meal.

Legal References: 	Commissioner’s Memo CNU-17-003
Commissioner’s Memo CNU-17-024

Date Adopted:  June 21, 2010
Last Revised:  June 17, 2019

4.52—STUDENTS WHO ARE FOSTER CHILDREN

The District will afford the same services and educational opportunities to foster children that are afforded other children and youth. The District shall work with the Department of Human Services (“DHS”), the Division of Elementary and Secondary Education (DESE), and individuals involved with each foster child to ensure that the foster child is able to maintain his/her continuity of educational services to the fullest extent that is practical and reasonable.

The Superintendent or his/her designee shall appoint an appropriate staff person to be the local educational liaison for foster children and youth whose responsibilities shall include ensuring the timely school enrollment of each foster child and assisting foster children who transfer between schools by expediting the transfer of relevant educational records.

The District, working with other individuals and agencies shall, unless the presiding court rules otherwise or DHS grants a request to transfer under Foster Child School Choice, ensure that the foster child remains in his/her school of origin, even if a change in the foster child’s placement results in a residency that is outside the district. In such a situation, the District will work with DHS to arrange for transportation to and from school for the foster child to the extent it is reasonable and practical.

Upon notification to the District’s foster care liaison by a foster child’s caseworker that a foster child’s school enrollment is being changed to one of the District’s schools, the school receiving the child must immediately enroll him/her. Immediate enrollment is required even if a child lacks the required clothing, academic or medical records, or proof of residency.

A foster child’s grades shall not be lowered due to absence from school that is caused by a change in the child’s school enrollment, the child’s attendance at dependency-neglect court proceedings, or other court-ordered counseling or treatment. 

Any course work completed by the foster child prior to a school enrollment change shall be accepted as academic credit so long as the child has satisfactorily completed the appropriate academic placement assessment.

If a foster child was enrolled in a District school immediately prior to completing his/her graduation requirements while detained in a juvenile detention facility or while committed to the Division of Youth Services of DHS, the District shall issue the child a diploma.

Foster Child School Choice
If DHS approves a request from a foster parent, or the foster child if the foster child is eighteen (18) years of age, to transfer to another school in the District or into the district as being in the best interest of the foster child, the District shall allow the foster child to transfer to another school in the District or into the District if the foster parent, or the foster child if the foster child is eighteen (18) years of age, submits a request to transfer on a form approved by ADE that is postmarked by no later than May 1 of the year the student seeks to begin the fall semester at another school in the District or in the District.

By July 1 of the school year in which the student seeks to transfer under this section, the superintendent shall notify the foster parent, or the foster child if the foster child is eighteen (18) years of age, in writing whether the application has been accepted or rejected. If the application is accepted, the superintendent shall state in the notification letter a reasonable deadline for the foster child to enroll in the new school or the District and that failure to enroll by the date shall void the school choice acceptance. If the application is rejected, the superintendent shall state in the notification letter the reason for the rejection and that the foster parent, or the foster child if the foster child is eighteen (18) years of age, may submit a written appeal of the rejection to the State board within ten (10) days of receiving the notification letter.

The District shall only reject a Foster Child School Choice application if:5
1.	The public school or District has reached the maximum student-to-teacher ratio allowed under federal law,; state law; the standards for accreditation; or other applicable State rule or Federal regulation; or
2.	Approving the transfer would conflict with a provision of an enforceable desegregation court order or a public school district’s court-approved desegregation plan regarding the effects of past racial segregation in student assignment.

A foster child whose application is rejected by the District may submit a written request within ten (10) days following the receipt of the rejection letter from the superintendent to the State Board of Education for the State Board to reconsider the transfer.

A Foster Child School Choice transfer shall remain in effect until the foster child:
•	Graduates from high school; or
•	Transfers to another school or school district under:
o	The Foster Child School Choice Act;
o	Opportunity Public School Choice Act of 2004;
o	The Public School Choice Act of 2015; or
o	Any other law that allows a transfer.

The District shall accept credits toward graduation that were awarded by another public school district.

When a foster child transfers from the foster child’s school of origin to another school in the District or into the District, the foster child or the foster parent is responsible for the foster child’s transportation to and from the school the foster child transferred to. The District and the foster parent, or the foster child if the foster child is eighteen (18) years of age, may enter into a written agreement for the District to provide the transportation to and from the school the foster child transferred to.

Cross References: 	4.1—RESIDENCE REQUIREMENTS 
4.2—ENTRANCE REQUIREMENTS
4.5—SCHOOL CHOICE
4.7—ABSENCES

Legal References: 	A.C.A. § 6-18-233
A.C.A. § 9-28-113

Date Adopted:  June 27, 2011
Last Revised:   April 20, 2020

4.53— PLACEMENT OF MULTIPLE BIRTH SIBLINGS 

The parent, guardian or other person having charge or custody of multiple birth siblings in grades pre-K through 6 may request that the multiple birth siblings are placed in either the same or separate classrooms. The request shall be in writing not later than the 14th calendar day prior to the first day of classes at the beginning of the academic year. The school shall honor the request unless it would require the school to add an additional class to the sibling’s grade level. If one parent of multiple birth siblings requests a placement that differs from that of the other parent of the same multiple birth siblings, the school shall determine the appropriate placement of the siblings.

The school may change the classroom placement of one or more of the multiple birth siblings if:
•	There have been a minimum of 30 instructional days since the start of the school year; and
o	After consulting with each classroom teacher in which the siblings were placed, the school determines the parent’s classroom placement request is:
•	Detrimental to the educational achievement of one or more of the siblings;
•	Disruptive to the siblings’ assigned classroom learning environment; or
•	Disruptive to the school’s educational or disciplinary environment.

If a parent believes the school has not followed the requirements of this policy, the parent may appeal the multiple birth siblings’ classroom placement to the Superintendent. The Superintendent’s decision regarding the appeal shall be final.

Legal Reference:	A.C.A. § 6-18-106

Date Adopted:  June 27, 2011
Last Revised:   June 27, 2011

4.55— STUDENT PROMOTION AND RETENTION 

A disservice is done to students through social promotion and is prohibited by state law. The District shall, at a minimum, evaluate each student annually in an effort to help each student who is not performing at grade level. Parents, legal guardians, persons having lawful control of the student, or persons acting in loco parentis shall be kept informed concerning the progress of their student(s).  Notice of a student’s possible retention or required retaking of a course shall be included with the student’s grades sent home to each parent/guardian or the student if 18 or older. Parent-teacher conferences are encouraged and may be held as necessary in an effort to improve a student’s academic success.

At least once each semester, the Parents, legal guardians, persons having lawful control of the student, or persons acting in loco parentis, and teacher(s) of a student in kindergarten through eighth (8th) grade shall be notified in writing of the student’s independent grade-level-equivalency in reading.

Any grades, course credits, and/or promotions received by a student while enrolled in the Division of Youth Services system of education shall be considered transferable in the same manner as those grades, course credits, and promotions from other accredited Arkansas public educational entities.

Promotion or retention of students, or their required retaking of a course shall be primarily based on the following criteria.1 If there is doubt concerning the promotion or retention of a student or his/her required retaking of a course, a conference shall be held before a final decision is made that includes the following individuals:
a.	The building principal or designee;
b.	The student’s teacher(s);
c.	School counselor;
d.	A 504/special education representative (if applicable); and
e.      The student’s parents, legal guardians, persons having lawful control of the student, or persons standing in     loco parentis.
The conference shall be held at a time and place that best accommodates those participating in the conference. The school shall document participation or non-participation in required conferences. If the conference attendees fail to agree concerning the student’s placement or receipt of course credit, the final decision shall rest with the principal or the principal’s designee.

Each student2 shall have a student success plan (SSP) developed by school personnel in collaboration with the student’s parents and the student that is reviewed and updated annually. A student’s SSP shall use multiple academic measures to personalize learning in order for students to achieve their grade-level expectations and individual growth. The SSP will identify if the student is in need of additional support or acceleration. Academic measures to be used in creating and updating a student’s SSP shall include, but are not limited to:
•	Statewide student assessment results;
•	Subject grades;
•	Student work samples; and
•	Local assessment scores.

By the end of grade eight (8), the student’s SSP shall:
o	Guide the student along pathways to graduation;
o	Address accelerated learning opportunities;
o	Address academic deficits and interventions; and 
o	Include college and career planning components.

Based on a student’s score on the college and career assessment:
•	The student’s SSP will be updated in order to assist the student with college and career readiness skills, course selection in high school, and improved academic achievement; and
•	Provide a basis for counseling concerning postsecondary preparatory programs.

An SSP shall be created:
1.	By no later than the end of the school year for a student in grade eight (8) or below who enrolls in the District during the school year; or
2.	As soon as reasonably possible for a student in grade nine (9) or above who enrolls in the District at the beginning or during the school year.2

A student’s individualized education program (IEP) may act in the place of the student’s SSP if the IEP addresses academic deficits and interventions for the student’s failure to meet standards-based academic goals at an expected rate or level and includes a transition plan that addresses college and career planning components. Promotion or  retention of students with an IEP shall be based on their successful attainment of the goals set forth in their IEP.

Cross References: 	3.30—PARENT-TEACHER COMMUNICATION
4.56—EXTRACURRICULAR ACTIVITIES - SECONDARY SCHOOLS
4.56.1—EXTRACURRICULAR ACTIVITIES - ELEMENTARY

Legal References:	A.C.A. § 6-15-2001
A.C.A. § 6-15-2005
A.C.A. § 6-15-2006
A.C.A. § 6-15-2907
A.C.A. § 6-15-2911
A.C.A. § 9-28-205
DESE Rules Governing the Arkansas Educational Support and Accountability Act
DESE Rules Governing Grading and Course Credit
Murphy v. State of Ark., 852 F.2d 1039 (8th Cir. 1988)

Date Adopted:  June 19, 2017
Last Revised:  July 21, 2020

4.56—EXTRACURRICULAR ACTIVITIES – SECONDARY SCHOOLS

Definitions:

“Academic Courses” are those courses for which class time is scheduled, which can be credited to meet the minimum requirements for graduation, which is taught by a teacher required to have State licensure in the course or is otherwise qualified under Arkansas statute, and has a course content guide which has been approved by the Division of Elementary and Secondary Education (DESE).  Any of the courses for which concurrent high school credit is earned may be from an institution of higher education recognized by DESE.  If a student passes an academic course offered on a block schedule, the course can be counted twice toward meeting the requirement for students to pass four (4) academic courses per semester as required by this policy.

“Extracurricular activities” are defined as: any school sponsored program where students from one or more schools meet, work, perform, practice under supervision outside of regular class time, or are competing for the purpose of receiving an award, rating, recognition, or criticism, or qualification for additional competition. Examples include, but are not limited to, inter/intrascholastic athletics, cheerleading, band, choral, math, or science competitions, field trips, and club activities.

 “Field Trips” are when individual students or groups of students are invited to programs or events when there is no competition and the students are not interacting with each other for the purpose of planning, qualifying, or arranging for future programs or for the purpose of receiving recognition.

“Interscholastic Activities” means athletic or non-athletic/academic activities where students compete on a school vs. school basis.1

“Intrascholastic Activities” means athletic or non-athletic/academic activities where students compete with students from within the same school.1

“Supplemental Improvement Program (SIP)” is an additional instructional opportunity for identified students outside of their regular classroom and meets the criteria outlined in the current Arkansas Activities Association (AAA) Handbook.

Extracurricular Eligibility

The Board believes in providing opportunities for students to participate in extracurricular activities that can help enrich the student’s educational experience. At the same time, the Board believes that a student’s participation in extracurricular activities cannot come at the expense of his/her classroom academic achievement. Interruptions of instructional time in the classroom are to be minimal and absences from class to participate in extracurricular activities shall not exceed one per week per extracurricular activity (tournaments excepted)2. Additionally, a student’s participation in, and the District’s operation of, extracurricular activities shall be subject to the following policy. All students are eligible for extracurricular activities unless specifically denied eligibility on the basis of criteria outlined in this policy.

Any student who refuses to sit for a Statewide assessment or attempts to boycott a Statewide assessment by failing to put forth a good faith effort on the assessment as determined by the assessment administrator/proctor, or whose parents do not send their student to school on the dates the assessments are administered or scheduled as make-up days shall not be permitted to participate in any non-curriculum related extracurricular activity. The student shall remain ineligible to participate until the student takes the same or a following statewide assessment, as applicable. The superintendent or designee may waive this paragraph's provisions when the student’s failure was due to exceptional or extraordinary circumstances.3 Students falling under the provisions of this paragraph shall be permitted to attend curriculum related field trips occurring during the school day. 4

A student who enrolls in the district and meets the definition of “eligible child” in Policy 4.2—ENTRANCE REQUIREMENTS shall be eligible to try out for an extracurricular activity regardless of the date the student enrolls in the District so long as the student meets all other eligibility requirements and the extracurricular activity is still ongoing.

A student and the parent or legal guardian of the student shall sign and return an acknowledgement of receipt and review of an information sheet regarding signs and symptoms of sudden cardiac arrest before the student may participate in an athletic activity and before each school year the student participates in an athletic activity.

No student shall be required to pay for individual or group instruction in order to participate in an extracurricular activity.

Interscholastic Activities
Each school in the District shall post on its website its schedule of interscholastic activities, including sign-up, tryout, and participation deadlines, at least one semester in advance of those activities. A hard copy of the schedule shall be available upon request.5

ACADEMIC REQUIREMENTS: Junior High
A student promoted from the sixth to the seventh grade automatically meets scholarship requirements. A student promoted from the seventh to the eighth grade automatically meets scholarship requirements for the first semester. The second semester eighth-grade student meets the scholarship requirements for junior high if he/she has successfully passed four (4) academic courses the previous semester.

The first semester ninth-grade student meets the scholarship requirements for junior high if he/she has successfully passed four (4) academic courses the previous semester.

The second semester ninth-grade student meets the scholarship requirements for junior high if he/she has successfully passed (4) academic courses the previous semester which count toward his/her high school graduation requirements.

Ninth-grade students must meet the requirements of the senior high scholarship rule by the end of the second semester in the ninth grade in order to be eligible to participate the fall semester of their tenth-grade year.

ACADEMIC REQUIREMENTS: Senior High

In order to remain eligible for competitive interscholastic activity, a student must have passed (4) academic courses the previous semester and either: 
1.	Have earned a minimum Grade Point Average (GPA) of 2.0 from all academic courses the previous semester; or
2.	If the student has passed four (4) academic courses the previous semester but does not have a 2.0 GPA the student must be enrolled and successfully participating in an SIP to maintain their competitive interscholastic extracurricular eligibility.

STUDENTS WITH AN INDIVIDUAL EDUCATION PROGRAM

In order to be considered eligible to participate in competitive interscholastic activities, students with disabilities must pass at least four (4) courses per semester as required by their individual education program (IEP).

ARKANSAS ACTIVITIES ASSOCIATION
In addition to the foregoing rules, the district shall abide by the rules and regulations of AAA governing interscholastic activities. AAA provides catastrophic insurance coverage for students participating in AAA governed extracurricular activities who are enrolled in school. As a matter of District policy, no student may participate in a AAA governed extracurricular activity unless he or she is enrolled in a district school, to ensure all students are eligible for AAA catastrophic insurance. 6

Intrascholastic Activities
AAA Governed Activities
Students participating in intrascholastic extracurricular activities that would be governed by AAA if they were to occur between students of different schools shall meet all interscholastic activity eligibility requirements to be eligible to participate in the comparable intrascholastic activity. The District will abide by the AAA Handbook for such activities to ensure District students are not disqualified from participating in interscholastic activities.7

Non-AAA Governed Activities

Unless made ineligible by District policies, all students shall be eligible to participate in non-AAA governed intrascholastic extracurricular activities. Intrascholastic activities designed for a particular grade(s) or course(s) shall require the student to be enrolled in the grade(s) or course(s).

Cross References: 	4.55—STUDENT PROMOTION AND RETENTION
4.56.1—EXTRACURRICULAR ACTIVITIES - ELEMENTARY

Legal References:	Arkansas Activities Association Handbook
A.C.A. § 6-4-302
A.C.A. § 6-15-2907
A.C.A. § 6-16-151
A.C.A. § 6-18-713
Commissioner’s Memo COM-18-009
Commissioner’s Memo LS-18-015

Date Adopted:  June 19, 2017
Last Revised: June 17, 2019

4.56.2—EXTRACURRICULAR ACTIVITY ELIGIBILITY FOR HOME SCHOOLED STUDENTS

Home-schooled student means a student legally enrolled in an Arkansas home school and who meets or has met the criteria for being a home-schooled student, as established by A.C.A. § 6-15-503.

Interscholastic activity means an activity between schools subject to rules of the Arkansas Activities Association that is outside the regular curriculum of the school district, such as an athletic activity, fine arts program, or a special interest group or club.

Each school in the District shall post on its website its schedule of interscholastic activities, including sign-up, tryout, and participation deadlines, at least one semester in advance of those activities. A hard copy of the schedule shall be available upon request.1

Home-schooled students whose parents or guardians are legal residents of the school district will be permitted to pursue participation in an interscholastic activity in the student's resident school zone2 as permitted by this policy.

Home-schooled students whose parent or legal guardian are not residents of the school district will be permitted to pursue participation in an interscholastic activity in the District if the superintendent of the student’s resident district and the superintendent of the District both agree in writing to allow the student to participate in interscholastic activities at the District.

Although not guaranteed participation in an interscholastic activity, home-school students who meet the provisions of this policy, AAA Rules, and applicable Arkansas statutes shall have an equal opportunity to try out and participate in an interscholastic activities without discrimination. The District shall provide a reasonable alternative to any prerequisite for eligibility to participate in an interscholastic activity that the home-schooled student is unable to meet because of his or her enrollment in a home school.

No student shall be required to pay for individual or group instruction in order to participate in an interscholastic activity.

To be eligible to try out and participate in interscholastic activities, the student or the parent of a student shall mail or hand deliver the student's request to participate to the student's school's principal before the signup, tryout or participation deadline established for traditional students. Additionally, the student shall demonstrate academic eligibility by obtaining a minimum test score of the 30th percentile or better in the previous 12 months on the Stanford Achievement Test Series, Tenth Edition; another nationally recognized norm-referenced test; or a minimum score on a test approved by the State Board of Education.

A student who meets the requirements for eligibility to participate in an interscholastic activity is required to register for no more than one course3 in the District's school where the student is intending to participate in an interscholastic activity.

The student shall regularly attend the class in which the student is registered beginning no later than the eleventh (11th) day of the semester in which the student's interscholastic activity participation is desired. The student must attend the practices for the interscholastic activity to the same extent as is required of traditional students.

A student and the parent or legal guardian of the student shall sign and return an acknowledgement of receipt and review of an information sheet regarding signs and symptoms of sudden cardiac arrest before the student may participate in an athletic activity and before each school year the student participates in an athletic activity.

A home-schooled student who has met the try out criteria; and who has been selected to participate in the interscholastic activity shall meet the following criteria that also apply to traditional students enrolled in the school:
•	standards of behavior and codes of conduct; 
•	attend the practices for the interscholastic activity to the same extent as is required of traditional students;
•	required drug testing; 4
•	permission slips, waivers, physical exams; and
•	participation or activity fees.

A home-schooled student who is not a resident of the District may begin participating in interscholastic activities:
a.	Immediately upon being approved for participation for all interscholastic activities other than athletic activities; and
b.	One (1) calendar year after being approved to participate in interscholastic activities that are athletic activities unless the approval is prior to July 1 of the school year the student would have been enrolled in seventh (7th) grade if the student were enrolled in public school.

A home-schooled student who is not a resident of the District and is prohibited under this policy from participating in an interscholastic activity that is an athletic activity for one (1) calendar year may immediately participate in rehearsals, tryouts, practices, auditions, classes, or other endeavors associated with the interscholastic activity.

Students who participate in extracurricular or athletic activities under this policy will be transported to and from the interscholastic activities on the same basis as other students are transported.

A student who withdraws from an Arkansas Activities Association member school to be home-schooled shall not participate in an interscholastic activity in the resident school district for a minimum of three hundred sixty-five days after the student withdraws from the member school.

Notes:  1 This paragraph is not statutorily required, but without advance determination of the timelines, there will be no way for a parent to know when, or even for what semester, they will have to make their application to the district. Such information will benefit all students.

2 Only include "or their applicable attendance zone's school" if your district has more than one school per grade configuration.

3 You can only require one course, but a district may permit a student to register for more than one course.

4 Include "drug testing" only if your district conducts such tests.
Cross Reference: 4.59—ACCADEMIC COURSE ATTENDANCE BY PRIVATE SCHOOL AND HOME SCHOOL STUDENTS

Legal References:	A.C.A. § 6-15-509
A.C.A. § 6-16-151
A.C.A. § 6-18-232
A.C.A. § 6-18-713
Arkansas Activities Association Handbook
Commissioner’s Memo COM-18-009
Commissioner’s Memo LS-18-015
Division of Elementary and Secondary Education Rules Governing Home Schools

Date Adopted: June 19, 2017
Last Revised: June 17, 2019

4.56.2F— HOME SCHOOLED STUDENTS' LETTER OF INTENT TO PARTICIPATE IN AN EXTRACURRICULAR ACTIVITY AT RESIDENT DISTRICT

Student’s Name (Please Print) _______________________________________________________

Parent or Guardian's Resident Address 

Street ________________________________________________ Apartment _____________

City _________________________________________  State _____   Zip Code___________

Student's date of birth  __/__/__  	Last grade level the student completed  ____________

Student has demonstrated academic eligibility by obtaining a verifiable minimum test score of the 30th percentile or better in the previous 12 months on the Stanford Achievement Test Series, Tenth Edition, or another nationally recognized norm-referenced test approved by the State Board of Education.___________

Name of test, Date taken, and score achieved____________________________________________________

Extracurricular activity(ies) the student requests to participate in 

________________________________________

Course(s) the student requests to take at the school _______________________________________________

Proof of identity ____

Date Submitted  __/__/__

Parent's Signature  ______________________________________________________________

Date Adopted: June 19, 2017
Last Revised: June 19, 2017

4.56.2F2- HOME SCHOOLED STUDENTS' LETTER OF INTENT TO PARTICIPATE IN AN EXTRACURRICULAR ACTIVITY AT NON-RESIDENT DISTRICT

Student’s Name (Please Print) _______________________________________________________

Parent or Guardian's Resident Address 

Street ________________________________________________ Apartment _____________

City _________________________________________  State _____   Zip Code___________

Student's date of birth  __/__/__  	Last grade level the student completed  ____________

Student has demonstrated academic eligibility by obtaining a verifiable minimum test score of the 30th percentile or better in the previous 12 months on the Stanford Achievement Test Series, Tenth Edition, or another nationally recognized norm-referenced test approved by the State Board of Education.___________

Name of test, Date taken, and score achieved____________________________________________________

Extracurricular activity(ies) the student requests to participate in 

________________________________________

Course(s) the student requests to take at the school _______________________________________________

Proof of identity ____

Date Submitted  __/__/__

Parent's Signature ______________________________________________________________

As the superintendent of the above student’s resident district, I agree that the above student may participate in extracurricular activities at _____________ School District.

Resident Superintendent’s Signature:  _________________

As the superintendent of the _____________ School district, where the above student desires to participate in extracurricular activities, I agree to allow the student to participate in extracurricular activities at __________ School District.

Non-resident Superintendent’s Signature: _______________

Date Adopted: June 19, 2017

4.57—IMMUNIZATIONS

Definitions

"In process" means the student has received at least one dose of the required immunizations and is waiting the minimum time interval to receive the additional dose(s).

“Serologic testing” refers to a medical procedure used to determine an individual’s immunity to Hepatitis B, Measles, Mumps, Rubella and Varicella.

General Requirements

Unless otherwise provided by law or this policy, no student shall be admitted to attend classes in the District who has not been age appropriately immunized against1:
•	Poliomyelitis;
•	Diphtheria;
•	Tetanus;
•	Pertussis;
•	Red (rubeola) measles;
•	Rubella;
•	Mumps;
•	Hepatitis A;
•	Hepatitis B;
•	Meningococcal disease;
•	Varicella (chickenpox); and
•	Any other immunization required by the Arkansas Department of Health (ADH).

The District administration has the responsibility to evaluate the immunization status of District students. The District shall maintain a list of all students who are not fully age appropriately immunized or who have an exemption provided by ADH to the immunization requirements based on medical, religious, or philosophical grounds. Students who are not fully age appropriately immunized when seeking admittance shall be referred to a medical authority for consultation.

The only types of proof of immunization the District will accept are immunization records provided by a:
A.	Licensed physician;
B.	Health department;
C.	Military service; or
D.	Official record from another educational institution in Arkansas; or
E.	An immunization record printed off of the statewide immunization registry with the Official Seal of the State of Arkansas.

The proof of immunization must include the vaccine type and dates of vaccine administration. Documents stating “up-to-date”, “complete”, “adequate”, and the like will not be accepted as proof of immunization. No self or parental history of varicella disease will be accepted as a history of varicella disease must be documented by a licensed physician, advanced practice nurse, doctor of osteopathy, or physician assistant. Valid proof of immunization and of immunity based on serological testing shall be entered into the student’s record.

In order to continue attending classes in the District, the student must have submitted:
1)	Proof of immunization showing  the student to be fully age appropriately vaccinated;
2)	Written documentation by a public health nurse or private physician of proof the student is in process of being age appropriately immunized, which includes a schedule of the student’s next immunization;
3)	A copy of a letter from ADH indicating immunity based on serologic testing; and/or
4)	A copy of the letter from ADH exempting the student from the immunization requirements for the current school year, or a copy of the application for an exemption for the current school year if the exemption letter has not yet arrived.

Students whose immunization records or serology results are lost or unavailable are required to receive all age appropriate vaccinations or submit number 4 above.

Temporary Admittance

While students who are not fully age appropriately immunized or have not yet submitted an immunization waver may be enrolled to attend school, such students shall be allowed to attend school on a temporary basis only. Students admitted on a temporary basis may be admitted for a maximum of thirty (30) days (or until October 1st of the current school year for the tetanus, diphtheria, pertussis, and meningococcal vaccinations required at ages eleven (11) and sixteen (16) respectively if October 1st is later in the current school year than the thirty (30) days following the student’s admittance). No student shall be withdrawn and readmitted in order to extend the thirty (30) day period. Students may be allowed to continue attending beyond the thirty (30) day period if the student submits a copy of either number 2 or number 4 above.

Students who are in process shall be required to adhere to the submitted schedule. Failure of the student to submit written documentation from a public health nurse or private physician demonstrating the student received the vaccinations set forth in the schedule may lead to the revocation of the student’s temporary admittance; such students shall be excluded from school until the documentation is provided.

The District will not accept copies of applications requesting an exemption for the current school year that are older than two (2) weeks based on the date on the application.  Students who submit a copy of an application to receive an exemption from the immunization requirements for the current year to gain temporary admittance have thirty (30) days from the admission date to submit either a letter from ADH granting the exemption or documentation demonstrating the student is in process and a copy of the immunization schedule. Failure to submit the necessary documentation by the close of the thirty (30) days will result in the student being excluded until the documentation is submitted.

Exclusion From School

In the event of an outbreak, students who are not fully age appropriately immunized, are in process, or are exempt from the immunization requirements may be required to be excluded from school in order to protect the student. ADH shall determine if it is necessary for students to be excluded in the event of an outbreak. Students may be excluded for no fewer than twenty-one (21) days or even longer depending on the outbreak. No student excluded due to an outbreak shall be allowed to return to school until the District receives approval from ADH.

Students who are excluded from school are not eligible to receive homebound instruction unless the excluded student had a pre-existing IEP or 504 Plan and the IEP/504 team determines homebound instruction to be in the best interest of the student. To the extent possible, the student’s teacher(s) shall place in the principal’s office a copy of the student’s assignments:
•	for the remainder of the week by the end of the initial school day of the student's exclusion; and 

•	by the end of each school's calendar week for the upcoming week until the student returns to school.
It is the responsibility of the student or the student’s parent/legal guardian to make sure that the student’s assignments are collected. 

Students excluded from school shall have five (5) school days from the day the student returns to school to submit any homework and to make up any examinations. State mandated assessments are not included in “examinations” and the District has no control over administering state mandated make-up assessments outside of the state's schedule. Students shall receive a grade of zero for any assignment or examination not completed or submitted on time.

Annually by December 1, the District shall create, maintain, and post to the District’s website a report that includes the following for each disease requiring an immunization under this policy:
o	The number of students in the District that were granted an exemption by the Department of Health from an immunization;
o	The percentage of students in the District that were granted an exemption by the Department of Health from an immunization; 
o	The number of students within the District who have failed to provide to the public school proof of the vaccinations required and have not obtained an exemption from ADH;
o	The percentage of students within the District who have failed to provide to the public school proof of the vaccinations required and have not obtained an exemption from ADH; and
o	The percentage of a population that must receive an immunization for herd immunity to exist.

Legal References:	A.C.A. § 6-18-702
DESE Rules Governing Immunization Requirements in Arkansas Public Schools
ADH Rules Pertaining to Immunization Requirements

Date Adopted:  July 27, 2015
Last Revised:  July 21, 2020

4.58—FOOD SHARING AND ITS REMOVAL FROM FOOD SERVICE AREA

Food Sharing Table

The District has no food sharing system for food items other than milk and juice.  Students who do not intend to drink milk or juice received as part of a meal may place the milk/juice in a designated ice-filled cooler located at the end of the service line where another student may retrieve it at no charge. Milk and juice may not be taken by another student unless the carton is unopened and was completely covered by ice while in the cooler. A student may not return to the cooler to place for sharing or retrieve an item after the student has left the service line.

At all times, the cooler will be under the supervision of the food service staff. Remaining items should be discarded at the end of the meal period, and no item is to remain in the cooler for longer than four (4) hours.

Removing Food Items From the Food Service Area

No student shall remove school provided food items from the food service area at the end of the meal period, especially milk, juice, and other items requiring temperature controlled environments.

Except for food service workers as required by their job duties, District employees may only remove school provided food items from the food service area when required by a 504 plan or a student’s IEP.

Legal References:	Commissioner’s Memo FIN 08-076
			Commissioner’s Memo FIN 15-052

Date Adopted:  July 27, 2015
Last Revised:  July 27, 2015

4.59—ACADEMIC COURSE ATTENDANCE BY PRIVATE SCHOOL AND HOME SCHOOLED STUDENTS

The District allows private school and home schooled students whose parents, legal guardians, or other responsible adult with whom the student resides are residents of the District to attend academic courses offered By the District. The District will place a list of courses that a private school or home schooled student may request to attend on its website by: 1
1.	June 1 for courses to be offered during the Fall semester; and
2.	November 1 for courses to be offered during the Spring semester.

A private school or home schooled student who desires to attend one or more of the available academic courses shall submit a written request to attend the academic course(s) to the superintendent, or designee, no later than: 1
a.	August 1 for Fall semester courses; or
b.	December 1 for Spring semester courses.
The superintendent, or designee, is authorized to waive the application deadline on a case by case basis.

The District permits a private school or home schooled student to attend a maximum of six (6) courses per semester.

The District may reject a private school or home schooled student’s request for attendance if the District’s acceptance would: 2
•	Require the addition of staff or classrooms;
•	Exceed the capacity of a program, class, grade level, or school building;
•	Cost the District more for the student to attend the academic course than the District receives for the student’s attendance;
•	Cause the District to provide educational services the District does not currently provide at a financial burden to the District; or
•	Cause the District to be out of compliance with applicable laws and regulations regarding desegregation.

Requests to attend an academic course will be granted in the order the requests are received. Upon the receipt of a private or home schooled student’s request to attend academic course(s), the District will date and time stamp the request for attendance. If a private school or home schooled student is denied attendance based on a lack of capacity and an opening in the requested course occurs prior to the start of the course, the District will use the date and time stamp on the request for attendance to determine the private school or home schooled student who will be notified of an opening in the requested course.

As part of the request to attend academic courses in the District, a private school or home schooled student shall:
o	Indicate the course(s) the private school or home schooled student is interested in attending;
o	If the course(s) the private school or home schooled student is interested in attending is being offered by the District in both a physical and a digital format, whether the private school or home schooled student intends to attend the physical course or the digital course;
o	Submit, along with the student’s application, a copy of the student’s transcript indicating that the student has received credit for the course(s), or equivalent course(s), that are a prerequisite to the course(s) the student desires to attend at the District;
o	Agree to follow the District’s discipline policies; and
o	Submit immunization documentation required by Policy 4.57—IMMUNIZATIONS
A private school or home schooled student who fails to attend an academic course by the eleventh (11) day of class or who is absent without excuse for eleven (11) consecutive days during the semester shall be dropped from the course.; however, a private school or home schooled student shall not be considered truant for unexcused absences from the course(s) the student is attending at the District.

Private school or home schooled students shall receive a final grade and transcript for each academic course the student completes.

The responsibility for transportation of any private school or home schooled student attending academic courses in the District shall be borne by the student or the student’s parents.

The opportunity provided to home schooled students under this policy is in addition to the opportunity provided in Policy 4.56.2—EXTRACURRICULAR ACTIVITY ELIGIBILITY FOR HOME SCHOOLED STUDENTS.

Notes:	This is NOT an optional policy. Districts who do not wish to open academic course attendance to private school or home schooled students are required to receive a waiver from the provisions of A.C.A. § 6-18-232 from the Division of Elementary and Secondary Education.

1 The dates provided here are only suggestions and are not set by statute. You may advertise your course offerings for a shorter or longer period of time; or set the deadline for applications to match the traditional student enrollment deadlines.

2 Your application of “capacity” should be consistent in order to avoid potential exposure to liability for unlawful discrimination against individuals with disabilities. For example, you should not choose to accept a student who requires no special services, but would require you to add an additional elementary teacher, but refuse to accept a student with a disability because it would require you to add an additional special education teacher. You may refuse to accept the attendance of a student with a disability whose acceptance would necessitate the hiring of an aide, interpreter, or other additional staff member.

Cross References:	4.6—HOMESCHOOLING
4.56.2—EXTRACURRICULAR ACTIVITY ELIGIBILITY FOR HOME SCHOOLED STUDENTS
4.57-- IMMUNIZATIONS

Legal References:	A.C.A. § 6-15-509
A.C.A. § 6-18-232
A.C.A. § 6-18-702
A.C.A. § 6-47-401 et seq.
DESE Rules Governing Distance and Digital Learning
DESE Rules Governing Kindergarten Through 12th Grade Immunization Requirements in Arkansas Public Schools
Commissioner’s Memo COM-19-021

Date Adopted: June 19, 2017
Last Revised: June 17, 2019

4.60—STUDENT BEHAVIORAL INTERVENTION AND RESTRAINT

Definitions

"Aversive behavioral intervention" means a physical or sensory intervention program that is intended to modify behavior through the use of a substance or stimulus that the intervention implementer knows will cause physical trauma, emotional trauma, or both, to a student, even when the substance or stimulus appears to be pleasant or neutral to others.
Examples of aversive behavioral interventions include, but are not limited to:
•	Hitting;
•	Pinching; 
•	Slapping; 
•	Using a water spray; 
•	Using noxious fumes;
•	Requiring extreme physical exercise;
•	Using loud auditory stimulus;
•	Withholding meals; and
•	Denying reasonable access to toileting facilities.

"Behavioral intervention" means the implementation of a service, support, or strategy to teach and increase appropriate behavior or substantially decrease or eliminate behavior that is dangerous, inappropriate, or otherwise impedes the learning of a student.

"Behavior Intervention Plan" (BIP) means a written plan that:
•	Is developed by a problem-solving and intervention team and delineates emotional, social, or behavioral goals for a student and the steps that the school, student, parent of the student, and others will take to positively support the progress of the student towards the student’s emotional, social, or behavioral goals;
•	Is comprised of practical and specific strategies to increase or reduce a defined behavior or one (1) or more patterns of behavior exhibited by a student; and
•	Includes the following at a minimum:
o	A definition or description of the desired target behavior or outcome in specific measurable terms;
o	A plan for preventing and eliminating inappropriate student behavior by changing a condition that is triggering, motivating, underlying, or supporting that behavior as determined through a FBA;
o	A plan for teaching a student to demonstrate appropriate social, emotional, or behavioral self-management, or a new method to address or meet the student’s needs;
o	A description of how a specific incentive or consequence will be used as needed to decrease or eliminate inappropriate student behavior and increase appropriate behavior;
o	A plan for managing a crisis situation;
o	A system to collect, analyze, and evaluate data about the student;
o	The school personnel, resources, and training needed before implementation of the BIP; and
o	The timeline for implementing different facets of an intervention, including without limitation when the intervention will be formally reviewed.

"Chemical restraint" means the use of a drug or medication to control the behavior of a student or restrict the free movement of the student; however, chemical restraint does not include the use of medication that is prescribed by a licensed physician, or other qualified health professional acting within the scope of the individual’s professional authority under state law, for the standard treatment of a medical or psychiatric condition of a student and is administered as prescribed by the licensed physician or other qualified health professional acting within the scope of the individual’s professional authority under state law.

"Crisis" means a situation in which a student engages in a behavior that threatens the health and safety of the student or others and includes without limitation a situation in which the student becomes aggressive or violent at school and is unable to regain self-control without posing a danger of injury to himself or herself or others.

"Crisis intervention" means the implementation of a service, support, or strategy to immediately stabilize a crisis and prevent the crisis from reoccurring after the crisis ends.

"Dangerous behavior" means the behavior of a student that presents an imminent danger of serious physical harm to the student or others; however, dangerous behavior does not include the following:
•	Disrespect;
•	Noncompliance;
•	Insubordination; or
•	Destruction of property that does not create an imminent danger.

"De-escalation" means the use of a behavior management technique that helps a student increase the student’s control over the student’s emotions and behavior and results in a reduction of a present or potential level of danger that in turn reduces the level of imminent danger of serious physical harm to the student or others.

"Emergency" means a serious and unexpected situation that requires immediate action and which may be dangerous.

"Functional Behavior Assessment" (FBA) means a problem analysis step that:
•	Occurs within the context of data-based problem-solving and involves:
o	The review of existing records and other sources of information;
o	Diagnostic or historical interviews;
o	Structured academic or behavioral observations; and
o	Authentic, criterion-referenced, or norm-referenced tests; and
•	Is performed with the goal of determining why a specific problem or situation is occurring in order to directly link a strategic intervention to an assessment and solve or resolve the specific problem or situation.

"Imminent danger" means an existing dangerous situation that could reasonably be expected to immediately cause death or serious physical harm.

"Mechanical restraint" means the use of a device or equipment to restrict the free movement of a student; however, mechanical restraint does not include a device that is used by trained school personnel or a student for a specific and approved therapeutic purpose or safety purpose for which the device was designed or prescribed or a vehicle safety restraint that is appropriately used in the manner for which it was designed during the transport of a student in a moving vehicle.

"Physical escort" means a temporary touching or holding of the hand, wrist, arm, shoulder, or back of a student for the purpose of redirecting or inducing the student to move to a safe location.

"Physical restraint" means a personal restriction that immobilizes or reduces the ability of a student to move the student’s torso, arm, leg, or head freely; however, physical restraint does not include a physical escort.

"Positive behavioral support" means the application of behavior analysis that:
•	Is used to achieve socially important behavior change; 
•	Occurs at the:
o	Prevention level for all students in a school;
o	Strategic intervention level for a student who is not responding, from a social-emotional and behavioral perspective, to the prevention level; and
o	Intensive service or crisis-management level for a student who needs multifaceted or comprehensive behavioral or mental health services; and
•	Involves a planned and collaborative school-wide approach that is implemented with a goal:
o	Of establishing a positive and supportive school environment that:
•	Teaches and reinforces prosocial behavior in a student;
•	Holds a student positively accountable for meeting an established behavioral expectation; and
•	Maintains a level of consistency throughout the implementation process; and
o	That is accomplished by using positive behavioral programs, strategies, or approaches.

"Prone restraint" means restraining a student in a face-down position on the floor or another surface and applying physical pressure to the body of the student to keep the student in the prone position.

"Serious physical harm" means bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

"Supine restraint" means the restraint of a student in a face-up position on the student’s back on the floor or another surface and with physical pressure applied to the body of the student to keep the student in the supine position.

Positive Behavioral Supports

The District shall implement positive behavioral supports to be used at the:
1.	Prevention level for each student in a school;
2.	Strategic intervention level for a student who is not responding, from a social, emotional, or behavioral perspective, to the prevention level; and
3.	Intensive service or crisis-management level for a student who needs multifaceted or comprehensive behavioral or mental health services.

The District’s positive behavioral support shall include:
a.	The teaching and reinforcing of interpersonal, social, problem solving, conflict resolution, and coping skills to a student;
b.	Holding a student positively accountable for meeting an established behavioral expectation; 
c.	Maintaining a high level of consistency through the implementation of the positive behavioral support process; and
d.	The following interrelated activities:
	Providing a school-wide approach to the discipline and safety of each student rather than an approach to only the behavior problem of a single student;
	Focusing on preventing the development and occurrence of problem behavior;
	Regularly reviewing behavior data to adapt the District’s procedures to meet the needs of every student; and
	Providing a multitiered approach to academic and behavioral services and support to meet the academic and behavioral achievement needs of each student.

The following principles shall form the basis of the District’s positive behavioral support system and conflict resolution or de-escalation approach:
1.	A student has the right to be treated with dignity;
2.	A student should receive necessary academic, social, emotional, and behavioral support that is provided in a safe and least-restrictive environment possible;
3.	Positive and appropriate academic, social, emotional, or behavioral intervention, as well as mental health support, should be provided routinely to each student who needs the intervention or support;
4.	Behavioral intervention should emphasize prevention as part of the District’s system of positive behavioral support; and
5.	Each student who exhibits an ongoing behavior that interferes with the student’s learning or the learning of others, and who is nonresponsive to effectively implemented classroom or administrative intervention, should receive additional intensive behavioral intervention that is based on a FBA and data-based problem solving.

Problem Solving and Intervention Team

A problem-solving and intervention team shall be established for each student who exhibits social, emotional, or behavioral difficulty that may escalate, if not addressed, to potentially dangerous behavior. The problem-solving and intervention team shall include at least one (1) member who is an academic and behavioral assessment and intervention professional.

A student’s problem-solving and intervention team shall:
a.	Work with the teachers of a student to complete a FBA of the student and an assessment of any problematic situations involving the student;
b.	Consider the need for a BIP with the goal of preventing or resolving the social, emotional, or behavioral difficulty of the student and developing a response that will de-escalate and stabilize a potential emergency situation that approaches the danger level; and
c.	Regularly review the data on incidents involving the use of physical restraint on the student and adjust, as necessary, the procedures concerning the use of physical restraint on the student.

Special education procedures shall be followed if a student is suspected of having a disability that relates to behavioral concerns.

Physical Restraint

Except in the case of a clearly unavoidable emergency situation in which a trained member of school personnel is not immediately available due to the unforeseeable nature of the emergency situation, the physical restraint of a student shall only be used by a member of school personnel who is appropriately trained to administer physical restraint.

When using physical restraint on a student, school personnel shall:
•	use the least restrictive technique necessary to end imminent danger or serious physical harm to a student and others;
•	Use the safest method available and appropriate to the situation;
•	Consider the health and safety of a student, including without limitation whether the student has an existing medical condition that makes the use of physical restraint inadvisable;
•	Not restrict the ability of a student to communicate unless the use of a less restrictive technique will not prevent imminent danger of serious physical harm to the student or others;
•	Use only the amount of force that is reasonably necessary to protect a student or others from imminent danger of serious physical harm to the student or others;
•	Not verbally abuse, ridicule, humiliate, taunt, or engage in any other similar action towards the student; and
•	continuously and visually observe and monitor the student while the student is under physical restraint.

Physical restraint of a student shall only be used for a limited period of time and shall not be used:
o	When imminent danger or serious physical harm to the student or others dissipates;
o	If a medical condition occurs that puts the student at risk of harm;
o	Unless the behavior of the student poses an imminent danger of serious physical harm to the student or others;
o	After the threat of imminent danger of serious physical harm to the student or others dissipates; or
o	In the following manner:
•	To punish or discipline the student;
•	To coerce the student;
•	To force the student to comply;
•	To retaliate against the student;
•	To replace the use of an appropriate educational or behavioral support;
•	As a routine safety measure;
•	As a planned behavioral intervention in response to behavior of the student that does not pose an imminent danger of serious physical harm to the student or others;
•	As a convenience for school personnel; or
•	To prevent property damage unless the act of damaging property committed by the student poses an imminent danger or serious physical harm to the student and others.

Even in an emergency, 	supine restraint shall not be used on a student except by a staff person who has been certified by a crisis intervention training program and the certified staff person determines that supine restraint is required to provide safety for the student and others.

At no time shall school personnel use the following on a student:
	Mechanical restraint;
	Chemical restraint;
	Aversive behavioral interventions that compromise health and safety;
	Physical restraint that is life-threatening or medically contraindicated; or
	Prone restraint or other restraint that restricts the breathing of a student.

Following the first incident of physical restraint used on a student, an FBA shall be conducted unless a previous FBA was conducted for the same behavior that was at issue when the physical restraint was used.

The use of physical restraint on a student as a planned behavioral intervention shall not be included in a student's IEP, 504 Plan, BIP, individual safety plan, or other individual planning document but may be considered as a crisis intervention if appropriate for the student. A student's IEP team or 504 Plan team shall consider whether an FBA should be performed; if a BIP should be developed for the student or if a student’s existing BIP should be revised; and if additional behavioral goals and interventions should be included in the student's existing IEP or 504 Plan.

Parents may submit complaints regarding an incident involving the use of physical restraint on their student. A complaint shall be referred for review to the appropriate school personnel:
•	The student’s problem-solving and intervention team;
•	The student's IEP team; or
•	The student's 504 Plan team.
A complaint by a parent shall be handled by the appropriate District staff in the same manner as a debrief following the use of physical restraint on a student.1

Use of a physical restraint technique that is abusive shall be reported to the Child Abuse Hotline and law enforcement.

Reports and Debriefing

	After the occurrence of an incident involving physical restraint of a student, the building principal, or the principal’s designee, shall be notified of the incident as soon as possible but by no later than the end of the school day when the incident occurred.

The student’s parent shall be notified of the incident of the use of physical restraint via verbal or electronic communication as soon as possible but by no later than the end of the school day when the incident occurred. In the event the student’s parent is unabled to be notified via verbal or electronic communication within twenty-four (24) hours after the incident occurred, then the parent shall be mailed written notification of the incident within forty-eight (48) hours after the incident occurred.

school personnel involved in the incident shall document the incident in a written report, which is to be completed within twenty-four (24) hours after the incident occurred. The written report of the incident shall:
1.	Include all information contained in the Division of Elementary and Secondary Education (DESE) Physical Restraint or Seclusion Incident Record and Debriefing Report;
2.	Be maintained in the student’s education record; and
3.	Be provided to the student’s parent within one (1) school day of the completion of the report.

A debriefing meeting shall be held within two (2) school days after the incident occurred. The following school personnel shall be present at the debriefing meeting:2
a.	A member of school personnel who was present during the incident;
b.	A member of school personnel who was in the proximity of the student on whom physical restraint was used immediately before and during the time of the incident;
c.	A school administrator; and
d.	Any other member of school personnel determined to be appropriate by the District.

The purpose of the debriefing meeting shall be to:
•	Determine whether the procedures used during the incident were necessary;
•	Evaluate the use of any behavioral supports and de-escalation techniques by school personnel before and during the incident;
•	Evaluate the school district's positive behavioral supports system and prevention techniques in order to minimize future use of physical restraint; and
•	If a trained member of school personnel was not immediately available due to the unforeseeable nature of the emergency situation when the incident occurred:
o	Reevaluate the training needs of school personnel;
o	Reevaluate the physical restraint policy and practices; and
o	Develop a plan to prevent a future incident.

At a debriefing meeting, school personnel shall:
1.	Consider relevant information in the student’s education record, including without limitation:
a.	The concerns of the student’s parent;
b.	The student's social and medical history;
c.	The student’s  FBA, if one exists; and
d.	The student’s BIP, if one exists;
2.	Consider relevant information from the teachers, parents, and other District professionals;
3.	Discuss whether positive behavior supports were appropriately implemented;
4.	Discuss the duration and frequency of the use of physical restraint on the student;
5.	Discuss appropriate action that may be taken to prevent and reduce the need for physical restraint;
6.	Consider whether additional intervention and support is necessary for the student;
7.	Consider whether additional intervention and support is necessary for school personnel; and
8.	Consider how and when to debrief a person who was not present at the debriefing meeting, including without limitation:
a.	The student;
b.	The student’s parent; and
c.	Other school personnel or students who witnessed the incident.

DESE’s Physical Restraint or Seclusion Incident Record and Debriefing Report, or an alternative report that includes the same information, shall be completed during the debriefing meeting. A copy of the report shall be:
•	Submitted to the building principal;3
•	Mailed to the student’s parent within two (2) days of the date on which the debriefing meeting was held; and
•	Maintained as part of the student’s education record along with other documents consulted during the debriefing meeting.

Notes:	A copy of the DESE Guidance on the Use of Restraint along with the Physical Restraint or Seclusion Incident Record and Debriefing Report can be found at: https://dese.ade.arkansas.gov/Offices/special-education/policy-regulations/guidance-and-resources.

1 There is nothing in the statute that requires the complaint to be handled in the same manner as a debriefing. This is intended only as a default method as you are required to have procedures governing the handling of a parental complaint. After consultation with appropriate staff, replace this language with your local procedures on how a complaint will be handled.

2 While you can, and should, add additional staff members to the list of those required to attend a debriefing meeting, A.C.A. § 6-18-2307 requires these individuals be included at a minimum.

3 A.C.A. § 6-18-2307 requires that the debriefing report be submitted to a designated district administrator. If you would rather have all debriefing reports provided to one single individual at the district staff level instead of keeping them at the school level, replace this with the district level position to whom debriefing reports should be submitted.

Cross Reference:	3.6—LICENSED PERSONNEL EMPLOYEE TRAINING

Legal Reference:	A.C.A. § 6-18-2401 et seq.

Date Adopted:	June 21, 2021
Last Revised: 	April 18, 2022