The Board is committed to a policy of nondiscrimination in relation to race, sex, religion, national background, age, marital status and handicaps. Respect for the dignity and worth of each individual shall be paramount in the establishment of all policies by the Board and in the administration of those policies by the administration. In keeping with these statements, the following shall be objectives of this school district:
1. To promote the rights and responsibilities of all individuals as set forth in the state and federal constitutions, pertinent legislation and applicable judicial interpretations.
2. To encourage positive experiences in human values for children and adults who have differing personal and family characteristics or who come from various socio-economic, racial and ethnic groups.
3. To consider carefully, in all decisions made which affect the schools, the potential benefits or adverse consequences that those decisions might have on the human relations aspects of all segments of society.
4. To utilize educational experiences to build each individual's pride in the community in which he lives.
5. To initiate a process of reviewing all policies and practices of this agency in order to achieve to the greatest extent possible the objectives of this policy.
The agency shall issue a written notice prior to the beginning of each school year that advises employees that the educational programs, activities, and employment opportunities offered by the agency are offered without regard to race, color, sex, religion, national origin, age marital status and handicaps. The announcement shall also include the name/title, address and telephone number of the person designated to coordinate Title VI, Title IX, and Section 504 compliance activities.
The notice shall be disseminated to persons with limited English language skills in the person=s own language. It shall also be made available to persons who are visually or hearing impaired.
The notice shall appear on a continuing basis in all agency media containing general information, including: teachers= guides, agency publications, recruitment materials, application forms, notices, summer program newsletters and annual letters to parents.
Adopted: 1995 - Revised: January 19, 2000
LEGAL REFS.:
20 U.S.C. '1681, (Title IX of the Education Amendments of 1972)
29 U.S.C. '621 et seq., (Age Discrimination in Employment Act of 1967, as amended)
29 U.S.C. '701 et seq., (Section 504 of the Rehabilitation Act of 1973)
42 U.S.C. '1201 et seq., (Americans with Disabilities Act)
42 U.S.C. '2000d, (Title VI of the Civil Rights Act of 1964)
42 U.S.C. '2000e, (Title VII of the Civil Rights Act of 1964, as amended)
C.R.S. 24-34-301 through 24-34-308
C.R.S. 24-34-402
CROSS REFS.:
ACA, Nondiscrimination on the Basis of Sex
ACE, Nondiscrimination on the Basis of Handicap/Disability
GBA, Open Hiring/Equal Employment Opportunity and Affirmative Action
JB, Equal Educational Opportunities
In compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendment of 1972; Section 504 of the Rehabilitation Act of 1973, the San Luis Valley Board of Cooperative Services does not unlawfully discriminate on the basis of race, color, national origin, sex or handicap in admissions, access to, treatment, or employment in educational programs or activities which it operates.
Information regarding grievance procedures, for Title IX and Section 504, have been established for students, parents, and employees. The following person(s) have been identified as the designated employees(s) to coordinate compliance activities for the agency.
Specific complaints of alleged discrimination under Section 504 ( Handicap) should be referred to:
Executive Director
2261 Enterprise Dr.
Alamosa, Colorado 81101
719-589-5851
Specific complaints of alleged discrimination under Title IX (Sex) should be referred to:
Executive Director
2261 Enterprise Dr.
Alamosa, Colorado 81101
719-589-5851
Complaints may also be filed with the Office for Civil Rights, U.S.
Department of Education, Region VIII, Federal Office Building, 1244
North Speer Boulevard, Suite 310, Denver, CO 80204.
(Compliance with Title IX)
Designation of responsible employee
The Board of Directors shall designate an individual as the responsible employee to coordinate agency compliance with Title IX and its administrative regulations.
The designee, the agency’s Title IX compliance officer, shall formulate procedures for carrying out the policies in this statement and shall be responsible for continuing surveillance of agency educational programs and activities with regard to compliance with Title IX and its administrative regulations.
The designee shall, upon adoption of this policy and once each academic year thereafter, notify all students and employees of the agency of the name, office, address and telephone number of the designee. Notification shall be by posting and/or other means sufficient to reasonably advise all students and employees.
Grievance procedure
Any student or employee shall have a ready means of resolving any claim
of discrimination of the basis of sex in the educational programs or
activities of the agency. Grievance procedures are set forth in
regulations ACA-R, GBAA-R for employees and J for students.
Dissemination of policy
The executive director shall notify applicants for admission, students,
parents/guardians of elementary and secondary school students, sources
of referral of applicants for admission, employees and applicants for
employment that it does not discriminate on the basis of sex in the
educational programs or activities which it operates and that it is
required by Title IX and its administrative regulations not to
discriminate in such a manner. The notification shall be made in the
form and manner required by law or regulation.
Adopted: January 15, 1999
LEGAL REFS.: 20 U.S.C. 1681, 1682
34 C.F.R. Part 106
(Compliance with Title IX)
To provide a channel through which individuals may seek redress of alleged violations, misinterpretations and inequitable applications of policies and practices in regard to Title IX, the following grievance procedure will be followed:
The grievance first should seek a solution on an informal basis through the usual administrative channels.
When a formal grievance is filed, it must be in writing and must set forth the alleged violation, misinterpretation or inequitable application of policy or practice; must specifically identify the policy, practice or statute which allegedly is violated, misinterpreted or inequitably applied, and must furnish sufficient supporting information regarding persons, actions and/or omissions that led to the allegation
A grievance must be filed within 90 days of the date of the circumstances which occasioned the grievance. Grievances are to be filed with the executive director of the SLV BOCES who will name a compliance officer to investigate the grievance and submit a report within 10 days.
Hearings on a grievance will be scheduled by the executive director after considering the suggestions and convenience of the grievant. If at all possible, hearing will be scheduled so as not to interfere with regular programs.
Employees will be provided released time to testify regarding a grievance when a hearing is held during regular hours, provided that notice of such planned absence from regular duties is provided to the executive director at least 72 hours in advance of the hearing.
Confidentiality will be observed pending resolution of the grievance.
The following procedural steps will be followed in seeking a resolution of a grievance:
a. Step 1
i. The grievant will prepare and file the grievance with the compliance officer.
ii. The compliance officer will investigate the complaint with the
parties concerned within 10 calendar days of the grievance having been
filed.
iii. The compliance officer will issue a written report setting forth
the findings and recommendations for the resolution of the grievance
within five calendar days after the conclusion of the investigation.
iv. The grievance will be considered resolved if the grievant and the
SLV BOCES accept the recommendations of the compliance officer or if
the grievant fails to file the grievance at Step 2 within the time
limits set forth here.
v. If no written report has been issued within the time limits set
forth in "iii" above or if the grievant or the SLV BOCES rejects the
recommendations of the compliance officer, the grievant will be free to
file the grievance at Step 2.
b. Step 2
i. The grievant will filed a grievance with the
designated agency (see ACA-R) of the SLV BOCES within 10 days of the
date the report of the compliance officer was issued or should have
been issued. This designated agency may be an employee of the SLV BOCES
but not the compliance officer or a person involved in the grievance.
ii. Within 10 days of receipt of the grievance, the SLV BOCES agent will conduct a hearing with all parties in interest.
iii. Within five days of the completion of the hearing, the SLV BOCES
agent will prepare and issue a report setting forth recommendations for
the resolution of the grievance.
iv. The grievance will be considered resolved if the grievant accepts
the recommendations of the SLV BOCES agent or if the grievant fails to
file a grievance at Step 3 within the time limits set forth here.
v. If the grievance rejects the recommendation of the SLV BOCES agent
or the agent fails to issue a report within the time limits set above,
the grievant will be free to file the grievance at Step 3 within 10
days of the date the recommendations of the SLV BOCES agent were issued
or should have been issued.
c. Step 3
i. In a matter where the law requires a hearing before
the Board, such law will apply and the hearings so conducted will be
the third step of this procedure.ii. In a matter where the law does not
require a hearing before the Board, the third step of this procedure
will be conducted by a mutually selected compliance panel.
iii. The grievant will file a grievance by delivering it to the
Executive Director of the SLV BOCES within the time limits set forth
here. Such filing will name the person selected by the grievant to sit
on the compliance panel.
Adopted: 1995
1. Designation of responsible employee
The Board of Director shall designate an individual as the responsible employee to coordinate school district compliance with Section 504 of the Rehabilitation Act and its administrative regulations and with the Americans with Disabilities Act.
The designee, the agency's Section 504 compliance officer, shall formulate procedures for carrying out the policies in this statement and shall be responsible for continuing surveillance of district educational programs and activities with regard to compliance with Section 504 and its administrative regulations.
The designee shall, upon adoption of this policy and once each academic year thereafter, notify all students and employees of the agency of the name, office, address and telephone number of the Section 504 compliance officer. Notification shall be by posting and/or other means sufficient to reasonably advise all students and employees.
2. Grievance procedure
Any student or employee shall have a ready means of resolving any claim of discrimination on the basis of handicap in the educational programs or activities of the district. To this end the following policy is adopted.
In the event a student or employee believes that there has been a violation of Section 504 or its administrative regulations, he or she shall mail or deliver to the employee designated as Section 504 compliance officer a written statement setting out the alleged violations in specific terms, describing the incident or activity involved, the individuals involved and the dates, times and locations involved.
Within 2 days of receiving the statement, the Section 504 compliance officer shall provide the individual filing the written statement an opportunity to discuss the matter personally, if requested.
The Section 504 compliance officer shall make such additional investigation as is necessary to determine the complete facts involved and shall report to the executive director his finding and recommendations regarding resolution of the matter within 14 days of the initial meeting with the person making the statement. The matter shall be reported to the Board at its next
regular meeting for its review and action if it deems further action necessary.
If the student or employee submitting the written statement of an alleged violation is not satisfied with the handling of the matter by the superintendent, he or she may appear before the Board of Education and present the matter directly to the Board.
3. Dissemination of policy
The executive director shall notify applicants for admission, students, parents of elementary and secondary school students, sources of referral of applicants for admission, employees and applicants for employment that it does not discriminate on the basis of handicap in the educational programs or activities which it operates and that it is required by Section 504 and its administrative regulations not to discriminate in such a manner. The notification shall be made in the form and manner required by law or regulation.
Adopted: 1995
Revised: January 19, 2000
LEGAL REFS.: 29 U.S.C. '701 et seq. (Section 504)
42 U.S.C. '1201 et seq. (Americans with Disabilities Act)
34 C.F.R. 104 et seq.
CROSS REF.: IHBA, Special Education/Programs for Handicapped/Disabled/ Exceptional Students
The Section 504 compliance officer for the San Luis Valley BOCES is:
Executive Director
San Luis Valley Board of Cooperative Educational Services
2261 Enterprise Dr.
Alamosa, CO 81101
719-589-5851
Nondiscrimination/Equal
(Complaint and Compliance Process)
The agency shall respond to complaints of discrimination and/or harassment reported; take action in response when discrimination and/or harassment is discovered; impose appropriate sanctions on offenders in a case-by-case manner; and protect the privacy of all those involved in discrimination and/or harassment complaints to the extent practical and appropriate under the circumstances. These actions shall apply to the extent permitted by law or where personal safety is not an issue. Under certain circumstances, the complaint may be referred to law enforcement for investigation.
The agency has adopted the following procedures to promptly and fairly address concerns and complaints about discrimination and/or harassment. Complaints may be submitted informally or formally.
Definitions
The term “compliance officer” means an employee designated to act as such by the Board of Directors. That individual shall be identified by name, address and telephone number. See exhibits ACE-E-1 and JBA-E. If the designated individual is not qualified or is unable to act as such the executive director shall designate an administrator who shall serve until a successor is appointed by the Board.
The term “aggrieved individual” shall mean a student, the parents or guardians of a student under the age of 18 acting on behalf of a student, a student over the age of 18 or an employee of the agency who is directly affected by an alleged violation of agency policies prohibiting discrimination or harassment.
Compliance officer’s duties
The compliance officer shall be responsible for conducting a confidential investigation and coordinating all complaint procedures and processes, whether the violation is alleged under Title II (discrimination based on disability), Title VI (discrimination based on race, color or national origin), Title IX (discrimination based on sex or marital status), Section 504 (discrimination based on disability) or under agency policies prohibiting discrimination or harassment. The compliance officer’s duties shall include providing notice to students, parents/guardians of students and employees concerning the compliance process available, dissemination upon request of information concerning the forms and procedures for the filing of complaints, investigation of all complaints and coordination of the hearing procedures.
Complaint procedure
An aggrieved individual who believes he or she has been subject to harassment or discrimination in violation of law and agency policy is encouraged to report the incident as provided in board policy. All reports received by teachers, counselors, principals or other agency employees shall be forwarded to the compliance officer.
Any aggrieved individual may file, with the compliance officer, a complaint charging the agency, another student or any school employee with a violation of Title II, Title VI, Title IX or Section 504 or with a violation of agency policies prohibiting discrimination or harassment. The complaint shall be in writing and shall describe with reasonable specificity the nature of the complaint.
Upon receiving a complaint, the compliance officer shall confer with the aggrieved individual as soon as is reasonably possible in order to obtain a clear understanding of the basis of the complaint and to discuss what action the aggrieved individual is seeking.
At the initial meeting, the compliance officer shall explain the avenues for informal and formal action and provide a description of the complaint process. The compliance officer shall also explain that whether or not the individual files a formal complaint or otherwise requests action, the agency is required by law to take steps to correct the harassment and to prevent recurring harassment or retaliation against anyone who makes a harassment report or participates in an investigation. The compliance officer shall also explain that any request for confidentiality shall be honored so long as doing so does not preclude the agency from responding effectively to the harassment and preventing future harassment.
Following the initial meeting with the aggrieved individual, the compliance officer shall attempt to meet with the alleged harasser and his or her parents/guardians, if the alleged harasser is a student, in order to obtain a response to the reported harassment. Such person(s) shall be informed only of those facts which, in the compliance officer’s judgment, are necessary to achieve a full and accurate disclosure of material facts or to obtain an informal resolution.
The compliance officer may consider the following types of information in determining whether unlawful harassment occurred:
a. statements by any witness to the alleged incident.
b. evidence about the relative credibility of the parties involved.
c. evidence relative to whether the alleged harasser has been found to have harassed others.
d. evidence of the aggrieved individual’s reaction or change in behavior following the alleged harassment.
e. evidence about whether the individual claiming harassment took action to protest the conduct.
f. evidence and witness statements or testimony presented by the parties involved.
g. other contemporaneous evidence.
h. any other evidence deemed relevant by the compliance officer.
In deciding whether conduct is sufficiently severe, persistent or pervasive to be a violation of law or policy, all relevant circumstances shall be considered by the compliance officer, including:
a. the degree to which the conduct affected one or more students’ education or one or more employee’s work environment.
b. the type, frequency and duration of the conduct.
c. the identity of and relationship between the alleged harasser and the aggrieved individual.
d. the number of individuals involved as alleged harassers and as subjects of the harassment.
e. the age of the alleged harasser and the aggrieved individual.
f. the size of the school, location of the incident and context in which it occurred.
g. other incidents at the school.
The compliance officer shall determine whether the matter should proceed formally or informally. At any time, the aggrieved individual may request an end to an informal process and begin the formal compliance process.
On the basis of the compliance officer's investigation and if the aggrieved individual requests that the matter be resolved in an informal manner and the compliance officer agrees that the matter is suitable for such resolution, the compliance officer may attempt to resolve the matter informally.
The compliance officer shall prepare a written report containing findings and recommendations, as appropriate, to the executive director. The compliance officer’s report shall be advisory and shall not bind the executive director or the agency to any particular course of action or remedial measure. However, the report may be used by the executive director or other agency administration officials as a basis for disciplinary or other appropriate action.
Formal complaint process
If the aggrieved individual requests a formal complaint process, the compliance officer shall transfer the record within five school days to the executive director or designee for formal resolution and so notify the parties by certified mail.
After reviewing the record made by the compliance officer, the executive director or designee may gather additional evidence necessary to decide the case and/or determine that a hearing is necessary. At such time the matter should be referred to an administrative hearing officer for further fact-finding. The hearing officer will be an administrative employee of the agency designated by the executive director.
The hearing shall be informal. The hearing officer shall provide the affected person a written statement of charges, evidence and reasons supporting the proposed adverse action. A student shall be entitled to be represented by his/her parent or by an attorney. An employee shall be entitled to be represented by an attorney or other representative of his/her choice. The complainant shall appear at the hearing and shall be entitled to present testimony and other evidence. Formal rules of evidence shall not apply. The compliance officer or designee may represent the agency at the hearing and shall likewise be entitled to present testimony and other evidence. The hearing shall be closed to the public. The hearing officer shall make a recommendation to the executive director based upon evidence presented at the administrative hearing.
Within 10 school days of receiving the record from the hearing, the executive director or designee shall determine any sanctions or other action deemed appropriate, including recommendations to the Board for disciplinary or other action.
Agency action
Whether or not a formal complaint is filed, the agency shall take appropriate action to end the harassment, to make the victim whole by restoring lost educational or employment opportunities, to prevent harassment from recurring and to prevent retaliation against anyone that reports harassment or participates in a harassment investigation.
All parties, including the parents/guardians of all students involved, shall be notified by the executive director of the final outcome of the investigation and all steps taken by the agency. If disciplinary action is recommended for a student or employee, that action shall proceed in accordance with applicable agency policy. Remedial and/or disciplinary actions shall include measures designed to stop the harassment, correct its negative impact on the affected individual, and ensure that the harassment does not recur.
Nothing contained herein shall be interpreted to confer upon any person the right to a hearing independent of a Board policy, administrative procedure, statute, rule, regulation or agreement expressly conferring such right. This process shall apply, unless the context otherwise requires and unless the requirements of another policy, procedure, statute, rule, regulation or agreement expressly contradicts with this process, in which event the terms of the contrary policy, procedure, law, rule, regulation or agreement shall govern.
The San Luis Valley Board of Cooperative Services shall strive to provide a safe environment, meaningful opportunities and innovative educational programs for all students so that they reach their learning potential, including that they meet or exceed state and district content standards, through partnerships between home, school and the community
The purpose of the San Luis Valley Board of Cooperative Services shall be to provide services of educational benefit to children in the member districts more effectively and/or more efficiently than individual districts can do themselves.
The San Luis Valley Board of Cooperative Services shall not be a superior administrative structure but shall function on the service level and conduct only such administrative activities as are necessary to operate projects as delegated to the Board of Directors by the participating member districts.
Adopted: 1995
Revised: September 20, 2000
LEGAL REF.: C.R.S. 22-32-109.1 (requirement that mission statement reflect safety as a priority)
Tobacco smoke in the school and work environment is not conducive to good health. As an educational organization, a school district should provide both effective educational programs and a positive example to students concerning the use of tobacco.
In order to promote the general health, welfare and well-being of students and staff, smoking, chewing or any other use of any tobacco products by staff, students and members of the public is banned from all agency property.
For purposes of this policy, the following definitions apply:
1. ASchool property@ means all property owned, leased, rented, or
contracted for or otherwise used by the agency including but not
limited to the following:
a. All indoor facilities and interior portions of any building or other
structure used for children under the age of 18 for instruction,
educational or library services, as well as for administration, support
services, maintenance or storage. The term does not apply to buildings
used primarily as residences, i.e., teacherages.
b. All school grounds over which the school exercises control including
areas surrounding any building, playgrounds, athletic fields,
recreation areas and parking areas.
c. All vehicles used by the district for transporting students, staff, visitors or other persons.
2. ATobacco@ includes cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and all other kinds and forms of tobacco prepared in such manner as to be suitable for chewing, smoking or both. ATobacco@ includes cloves or any other product packaged for smoking.
3. AUse@ means lighting, chewing, inhaling or smoking any tobacco product.
Signs will be posted in prominent places on all agency property to notify the public that smoking or other use of tobacco products is prohibited in accordance with state law and agency policy. This policy will be published in all employee and student handbooks, posted on bulletin boards and announced in staff meetings.
Any member of the general public considered by the executive director or designee to be in violation of this policy will be instructed to leave school district property.
Employees found to be in violation of this policy will be subject to appropriate disciplinary action.
Disciplinary measures for students who violate this policy will include in-house detention, revocation of privileges and exclusion from extracurricular activities. Repeated violations may result in suspension from school. In accordance with state law, no student will be expelled solely for tobacco use.
Exemptions
Pursuant to state law no exemption shall be granted pursuant to this
policy. Any previously granted exemption shall be invalid after July 1,
1999.
Adopted: January 20, 1999
Revised: January 19, 2000
September 17, 2003
LEGAL REFS.: 20 U.S.C 7181 et seq. (Pro-Children Act of 2001 contained
in No Child Left Behind Act of 2001 prohibits smoking in any indoor
facility used to provide educational services to children)
C.R.S. 18-13-121
C.R.S. 22-32-109 (1)(bb)
C.R.S. 22-32-109.1 (2)(a)(VII) (policy required as part of safe schools plan)
C.R.S. 25-14-103.5
6 CCR 1010-6, Rule 5-306
CROSS REFS.: IHAMA, Teaching about Drugs, Alcohol and Tobacco
KFA, Public Conduct on School Property
The Board of Directors recognizes that effective learning and teaching takes place in a safe, secure and welcoming environment and that safe schools contribute to improved attendance, increased student achievement and community support. To that end, the Board supports the Safe Schools Policies of the member districts and instructs BOCES teachers to follow the policies of the school housing their programs.
Adopted: January 15, 2003
LEGAL REFS.: CRS 9-1-101 through 9-1-106
CRS 22-3-101 through 22-3-104
CRS 22-32-109.1
CRS 22-32-110 (1)(k)
CRS 22-32-124 (2),(3)
CRS 24-10-106.5
CROSS REFS.: ECA/ECAB
GBGAA
The board promotes healthy schools by supporting student wellness, good nutrition, and regular physical activity as part of the total learning environment. Schools contribute to the basic health status of students by facilitating learning through the support and promotion of good nutrition and physical activity. Improved health optimizes student performance potential, as children who eat well-balanced meals and are healthy are more likely to learn in the classroom.
To that end, the board supports the individual school wellness policies of our member districts and instructs BOCES teachers to understand and follow the policies of the schools housing their programs.
Adopted: January 18, 2006
LEGAL REFS.: Section 204 of P.L. 108-265 (Child Nutrition and WIC Reauthorization Act of 2004)
C.R.S. 22-32-124 (nutritious choices in vending machines)
C.R.S. 22-32-136 (policies to improve children’s nutrition and wellness)
CROSS REFS.: EF, Food Services
EFC and EFC-R, Free and Reduced-Price Food Services
EFEA*, Nutritious Food Choices
EFEA*-E, Guidelines for Nutritious Choices in Vending Machines
IA, Instructional Goals and Learning Objectives
IHAE, Physical Education
IHAM and IHAM-R, Health Education
IHAMA, Teaching About Drugs, Alcohol and Tobacco
IHAMB and IHAMB-R, Family Life/Sex Education
The Board of Directors believes that many state laws and regulations impede the agency’s progress toward achieving its mission. Therefore, the Board directs the executive director to work with agency legal counsel and agency program directors to:
Review state laws and regulations for which a waiver application can be filed.
Determine which state laws and regulations, if waived, would enhance educational opportunity and quality within the agency and reduce or eliminate costs that are significantly limiting educational opportunity within the agency. This determination shall be made on a program-by-program basis and agency-wide basis.
Make recommendations to the Board regarding which state laws and regulations the Board should consider for waiver.
The Board must consider whether to apply for waivers in a public meeting that includes a public hearing. The Board shall consult with the agency steering committee concerning the intent to seek waivers at least 60 days prior to the scheduled public hearing.
In the Board meeting, which includes a public hearing, the Board shall adopt a resolution stating the Board’s intent to apply for waivers and specifying the statutes or rules for which the Board will request waivers. In the waiver application, the Board shall state the manner in which the district will comply with the intent of the waived rule or statute and be accountable to the State Board of Education.
The Board shall post notice of the public meeting in three public places within the district not less than 30 days prior to the meeting. The notice shall include a description of the waivers to be considered. If there is a newspaper published in the county, the Board shall also publish notice once a week for four weeks prior to the meeting.
Adopted: August 18, 1999
Revised: January 19, 2005
LEGAL REF.: C.R.S. 22-2-117 (state board power to grant waivers)
CROSS REF.: AE, Accountability/Commitment to Accomplishment
NOTE 1: Districts that have a funded pupil count, as defined in C.R.S. 22-54-103(7), of 3,000 or more pupils must demonstrate that an application for waiver has the consent of a majority of the district accountability committee (or the school-level accountability committee if the waiver is sought for only one school), and a majority of the licensed administrators and teachers of the affected school or district. However, these additional requirements do not apply to school districts with 3,000 or more students when the school district has been granted exclusive authority to charter schools within the geographic boundaries of the district, unless the district is asking for a waiver of certain laws pertaining to teachers.
NOTE 2: The State Board of Education cannot waive the following state laws:
• school accountability reports (22-7-601 et seq.)
• state assessments (22-7-409)
• duties of board president and vice president (22-32-105)
• prohibition of tobacco on school property (22-32-109 (a)(bb)(I))
• establishing program outside state boundaries (22-32-109(2))
• attendance policy (22-33-104(4))
• Public School Finance Act (22-54-101 et seq.)
• Exceptional Children's Educational Act (22-20-101 et seq.)
• provisions related to fingerprinting and criminal history record
checks of personnel (22-32-109.7, 109.8, 109.9, 22-2-119)
The role of the San Luis Valley Board of Cooperative Educational Services and its personnel in any cooperative program shall be determined by the Board of Directors upon advice of the superintendents’ advisory council (SAC). A cooperative program is defined as one in which the planning, implementation, participation and support actively involved two or more school districts.
The participation of any school district and cooperative program shall be determined by the independent action of the Board of Education of that district or its delegated representatives.
Typically, the development of a cooperative program shall follow several logistics steps:
Ideas for cooperative programs may originate from any source.
The tentative proposal shall be developed by the SLV BOCES staff or a committee appointed for the purpose with the assistance of any qualified and interested consultants, who services may be obtained from within or without the area.
The tentative proposal shall be reviewed by the SAC and such other ad hoc groups as may be appointed.
Proposal shall be reviewed, modified, if necessary and approved by resolution of the board.
The proposal shall be submitted to the individual districts’ Boards of Education or their delegated representatives for approval of participation and, if necessary, financial commitments. Approval in some cases may precede adoption by the board.
The vote of an individual director at a Board meeting shall not commit or exclude the district he represents from participation in the program.
The program shall be submitted to an outside funding agency, if applicable.
The Executive Director shall be available to meet with Board of Education of any member district concerning the planning, operation or evaluation of any cooperative program.
A district which has been included as a participant through the planning and Board approval stages of program development, may exclude itself as a participant by resolution of the local Board of Education and service of such notice to the Board and the Executive Director of the San Luis Valley Board of Cooperative Educational Services.
If the program is to be funded by state or federal funds, the self exclusion action must be taken prior to the contract award, preferably prior to submission of the proposal to the funding agency.
If the program is to be funded locally, such self-exclusion action should be taken at least 90 days prior to initiation of the cooperative program and must precede any financial commitments unless the remaining participants agree to share in the increased burdens of the project.
If the program is a continuing program with one or more years of operation completed, such self-exclusion action should be taken at least six months before the new program year is to begin.
Member districts and their delegated representatives must recognize that cooperative programs may involve compromise. When disagreements arise, all meeting participants shall be encouraged to examine all of the information and debate all aspects of the issue so that is a decision may be arrived at, which is of optimal benefit to the students concerned. When concessions must be made, it is hoped that this will be done gracefully and the member districts and their delegated representatives will continue to support the agency and the specific cooperative program.
As directed by the Board, contracts between the San Luis Valley Board of Cooperative Educational Services and individual districts for services performed and financial commitments shall be drafted and signed by representatives of the individual Boards of Education and the San Luis Valley Board of Cooperative Educational Services Board of Directors.
Member districts, in the screening and selection of personnel who will work with the BOCES operated projects, may involve and consider the advice of BOCES personnel in the screening and selection process whenever possible.
Adopted: January 20, 1999.