All policies and procedures in the Student Section of this manual will follow those of the local school district hosting BOCES special education programs. The policies of the local school district must be in agreement with and recognize that all special education students are under the jurisdiction of the current I.D.E.A. federal and state regulations and guidelines.
Adopted: March 1999
The Board recognizes and promotes the importance of obtaining a high school diploma, as a diploma assists students to lead healthy and productive lives after graduation. Those youth who withdraw from school and prepare to face life with less than a high school education will have a much more difficult time entering the workforce or pursuing other goals. Therefore, the Board strongly urges every teacher, guidance counselor, principal, parent and citizen to exert all the influence which he/she can command to keep all district students in school through high school graduation.
All BOCES self contained students remain members in their individual districts. The member district policies will dictate Withdrawal/Drop Out From School policies and procedures.
Adopted: January 18, 2006
Students with disabilities are neither immune from a school district’s disciplinary process nor entitled to participate in programs when their behavior impairs the education of other students. Students with disabilities who engage in disruptive activities and/or actions dangerous to themselves or others will be disciplined in accordance with their IEP, any behavioral intervention plan and this policy.
Nothing in this policy shall prohibit an IEP team from establishing consequences for disruptive or unacceptable behavior as a part of the student’s IEP and/or behavioral intervention plan.
Suspensions
Students with disabilities may be suspended for up to 10 school days in any given school year for violations of the student code of conduct. These 10 days need not be consecutive. During any such suspension, the student shall not receive educational services
Upon the eleventh school day of suspension or removal when such suspension or removal does not result in a disciplinary change of placement, educational services shall be provided to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP. Agency personnel, in consultation with at least one of the student’s teachers, shall determine the educational services to be provided to the student during this period of suspension or removal.
Manifestation determination
Prior to expulsion or other disciplinary change in placement, the student’s parents shall be notified of the decision to take such disciplinary action and of their procedural safeguards. This notification shall occur not later than the date on which such decision is made.
Within 10 school days from the date of the decision to expel the student or take other disciplinary action that will result in a disciplinary change of placement, the student’s parents and relevant members of the student’s IEP team shall review all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parents, to determine whether the student’s behavior was a manifestation of the student’s disability.
The team shall determine: (1) whether the student’s behavior was caused by, or had a direct and substantial relationship to, the student’s disability; and (2) whether the student’s behavior was the direct result of the school’s failure to implement the student’s IEP. If the answer to either of these two questions is “yes,” the student’s behavior shall be deemed to be a manifestation of the student’s disability.
Disciplinary action for behavior that is not a manifestation
Once the team determines that the behavior was not a manifestation of the disability, disciplinary procedures shall be applied to the student in the same manner as applied to nondisabled students.
During any period of expulsion or other disciplinary change of placement, educational services shall be provided as determined by the student’s IEP team to enable the student to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals of his or her IEP.
Within a reasonable amount of time after determining that the student’s behavior is not a manifestation of the student’s disability, the student may receive, as appropriate, a functional behavioral assessment (“FBA”). In addition, a behavioral intervention plan (“BIP”) may be developed for the student, as appropriate. If a BIP has already been developed, the BIP may be reviewed and modified, as appropriate.
Disciplinary action and/or alternative placement for behavior that is a manifestation
If the team determines that the student’s behavior is a manifestation of the student’s disability, expulsion proceedings or other disciplinary change of placement will be discontinued. However, the student may be placed in an alternative placement or the student’s placement may be otherwise changed, in accordance with governing law.
Within a reasonable amount of time after determining that the student’s behavior is a manifestation of the student’s disability, the student’s IEP team shall: (1) conduct an FBA of the student, unless an FBA has already been conducted; and (2) implement a BIP for the student. If a BIP has already been developed, the IEP team shall review it and modify it as necessary to address the student’s behavior.
Placement in an alternative setting for 45 school days
School personnel may remove a student with disabilities to an appropriate alternative setting for not more than 45 school days if:
1. the student carried a weapon to school or a school function;
2. the student possessed a weapon at school or a school function;
3. the student possessed or used illegal drugs at school or a school function;
4. the student sold or solicited the sale of a controlled substance at school or a school function;
5. the student inflicted serious bodily injury on another person while at school or a school function; or
6. a hearing officer so orders.
Such removal to an alternative setting is permissible even if the student’s behavior is determined to be a manifestation of the student’s disability. The student’s IEP team shall determine the educational services to be provided to the student in the alternative setting.
Students not identified as disabled
Students who have not been identified as disabled shall be subjected to the same disciplinary measures applied to students with disabilities if the district had “knowledge” of the student’s disability.
The district is deemed to have knowledge of the student’s disability if:
1. the student’s parent has expressed concern in writing to appropriate district supervisory or administrative personnel, or the student’s teacher, that the student is in needs of special education and related services;
2. the student’s parent has requested an evaluation; or
3. the student’s teacher or other district personnel have expressed specific concerns about the student’s pattern of behavior directly to the director of special education or other district supervisory personnel.
If a request for evaluation is made during the period the student is subject to disciplinary measures, the evaluation will be expedited.
The district shall not be deemed to have knowledge that the student is a child with a disability if the parent has not allowed an evaluation of the student, the student has been evaluated and it was determined that he or she is not a child with a disability, or the student was determined eligible for special education and related services, but the parent refused services.
Adopted: January 18, 2006
LEGAL REFS.: 20 U.S.C. §1401 et seq. (Individuals with Disabilities Education Improvement Act of 2004)
C.R.S. 22-20-101 et seq. (Exceptional Children’s Educational Act)
C.R.S. 22-33-106 (1)(c)
CROSS REFS.: J
JK
JRA/JRC
It is the policy of the Board of Directors that this agency comply with the Child Protection Act.
To that end, any agency official or employee who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect, as defined by statute, shall immediately report or cause a report to be made to the appropriate county department of social services or local law enforcement agency. Failure to report promptly may result in civil and/or criminal liability. A person who reports child abuse or neglect in good faith is immune from civil or criminal liability.
Reports of child abuse or neglect, the name and address of the child, family or informant or any other identifying information in the report shall be confidential and shall not be public information.
The Board shall provide periodic inservice programs for all teachers in order to provide them with information about the Child Protection Act, to assist them in recognizing and reporting instances of child abuse and to instruct them on how to assist victims and their families.
Agency employees and officials shall not contact the child's family or any other persons to determine the cause of the suspected abuse or neglect. It is not the responsibility of the school official or employee to prove that the child has been abused or neglected.
The executive director shall submit such procedures as are necessary to the Board for approval to accomplish the intent of this policy.
Adopted: August 18, 1999
Revised: January 19, 2000
LEGAL REFS.: C.R.S. 19-1-103 (1) (definition of child abuse or neglect)
C.R.S. 19-3-102 & 103 (def. of neglected or dependent child)
C.R.S. 19-3-304 (persons required to report abuse)
C.R.S. 19-3-307 (reporting procedures)
C.R.S. 19-3-309 (immunity from liability-persons reporting)
C.R.S. 22-32-109 (1)(z) (providing inservice for teachers)
CROSS REF.: GBGB, Staff Personal Security and Safety
1. Definition of abuse or neglect
Child abuse or neglect is defined in law as Aan act or omission which seriously threatens the health or welfare of a child.@ Specifically, this refers to:
a. Evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling or death and such condition or death which is not justifiably explained or where the history given concerning such condition or death is at variance with the condition or the circumstances indicate that the condition may not be the product of an accidental occurrence.
b. Any case in which a child is subject to sexual assault or molestation, sexual exploitation or prostitution.
c. Any case in which a child is in need of services because the child=s parents, legal guardians or custodians fail to take the same actions to provide adequate food, clothing, shelter, medical care or supervision that a prudent parent would take.
d. Any case in which a child is subjected to emotional abuse which means an identifiable and substantial impairment of the child=s intellectual or psychological functioning or development or a substantial risk or impairment of the child=s intellectual or psychological functioning or development.
e. Any act or omission described as neglect in state law as follows:
$ A parent, guardian, or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring;
$ The child lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian;
$ The child=s environment is injurious to his or her welfare
$ A parent, guardian, or legal custodian fails or refuses to provide the child with proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance. Or well-being;
$ The child is homeless, without proper care, or not domiciled with his or her parent, guardian, or legal custodian through no fault of such parent, guardian, or legal custodian;
$ The child has run away from home or is otherwise beyond the control of his or her parent, guardian, or legal custodian;
$ A parent, guardian, or legal custodian has subjected another child or children to an identifiable pattern of habitual abuse, and the parent, guardian or legal custodian has been the respondent in another proceeding in which a court has adjudicated another child to be neglected or dependent based upon allegations of sexual or physical abuse or has determined that such parent=s, guardian=s or legal custodian=s abuse or neglect caused the death of another child; and the pattern of habitual abuse and the type of abuse pose a current threat to the child.
2. Reporting requirements
Any school employee who has reasonable cause to know or suspect that any child is subjected to abuse or to conditions that might result in abuse or neglect must report such fact to the County Department of Social Services or the appropriate law enforcement agency. The employee must follow any oral report with a written report sent to the appropriate agency.
o In cases where the suspected or known perpetrator is an agency employee, the report should be made to the law enforcement agency. (Reports made to social services will be referred to law enforcement.)
If a child is in immediate danger, the employee should call 911. AImmediate@ refers to abuse that occurs in the employee=s presence or has just occured.
The employee reporting suspected abuse/neglect to social services or law enforcement officials must inform the school principal as soon as possible orally or with a written memo. The ultimate responsibility for seeing that the oral and written reports are made to social services or law enforcement agencies lies with the school official or employee who had the original concern.
3. Contents of the report
The following information should be included to the extent possible in the initial report:
a. Name, age, address, sex and race of the child
b. Name and address of the child's parents, guardians and/or persons with whom the student lives
c. Name and address of the person, if known, believed responsible for the suspected abuse or neglect
d. The nature and extent of the child's injury or condition as well as any evidence of previous instances of known or suspected abuse or neglect of the child or the child=s siblingsBall with dates as appropriate
e. The family composition, if known
f. Any action taken by the person making the report
g. Any other information that might be helpful in establishing the cause of the injuries or the condition observed
It is helpful if the person reporting suspected abuse/neglect is prepared to give documentation. Thus, noting details of observations is important. It is permissible for the school official or employee to conduct a preliminary non-investigative inquiry of any injury or injuries under the following circumstances:
a. Agency personnel may inquire of the child how an injury occurred. Leading and/or suggestive questions should be avoided. Agency personnel may not contact the child=s family or any other person suspected of causing the injury or abuse to determine the cause of the suspected abuse or neglect.
b. An agency employee=s reasonable cause to suspect that the child has been subjected to abuse or neglect may arise from a child=s vague or inconsistent response to such an inquiry or from an explanation which does not fit the injury.
c. All efforts must be made to avoid duplicate or numerous interviews of the victim.
4. After filing reports
After the report is made to the agency, district and school staff members will cooperate with social services and law enforcement in the investigation of alleged abuse or neglect The agency will report any further incidents of abuse to the agency's representative.
As the case is being investigated, the agency will provide supportive aid and counseling services for the child.
Once a report of child abuse is given to the agency, the responsibility for investigation and follow-up lies with the agency. It is not the responsibility of the school staff to investigate the case. Therefore, the school staff will not engage in the following activities:
a. Make home visits for investigative purposes.
b. Take the child for medical treatment. (This does not preclude taking action in an emergency situation.)
c. Convey messages between the agency and the parents/guardian.
Authorized school and district personnel may make available to agency personnel assigned to investigate instances of child abuse the health or other records of a student for such investigative purposes.
5. Guidelines for consideration
a. If any agency employee has questions about reasonable cause of child abuse and the need for making a report, the employee may consult with the executive director. If the executive director or special education director is not available, a direct call to the county department of social services about concerns is advisable.
Note that consultation with another l agency official or employee will not absolve the school official or employee of the responsibility for reporting child abuse.
b. In an emergency situation requiring retention of the child at the school building due to fear that if released the child=s health or welfare might be in danger, it should be observed that only law enforcement officials have the legal authority to hold a child at school. Otherwise a court order must be obtained to legally withhold a child from his parent or guardian
c. When any agency official or employee has a question about the thorough investigation of suspected abuse/neglect following the filing of a report, the employee or official should contact the executive director.
d. While all agency officials and employees are reminded of their legal responsibility to report suspected cases of abuse or neglect, they may be assured that reports will be investigated by trained professionals and that there are more supportive and therapeutic treatment alternatives available for parents/guardians, and/or other persons with whom the student lives than there have been in the past.
e. The confidential nature of information pertinent to child abuse or neglect cases is a matter to be emphasized both legally and humanely.
Approved: January 19, 2000
Content and custody of records
Student education records in all formats and media, including photographic and electronic may contain, but will not necessarily be limited to, the following information: identifying data; academic work completed; level of achievement (grades, standardized achievement test scores); attendance data; scores on standardized intelligence, aptitude and psychological tests; interest inventory results; health and medical information; family background information; teacher or counselor ratings and observations, and reports of serious or recurrent behavior patterns and any individual education program (IEP).
All requests for inspection and review of student education records and requests for copies of such records, as well as disclosure of personally identifiable information except as provided by law, shall be maintained as a part of each student’s record.
The special education director is the official custodian of student records in the agency.
Access to records by parents
A parent/guardian (referred to as "parent") and any student 18 years old or older, has the right to inspect and review the student’s education files. If a student is 18 years or older, the parent or guardian may not inspect or review the student records without written permission from the student. A student 18 years old or older is referred to as an "eligible student".
During inspection and review of student records by a parent or eligible student and when requested by them, the special education director will provide personnel necessary to give explanations and interpretations of the student records.
In all cases where access to student records is requested, except as provided in this policy, a written request to see the files must be made by the parent or eligible student. The special education director, upon receipt of the written request, shall provide access to inspect and review the records and set a date and time for such inspection and review. In no case will the date set be more than three working days after the request has been made.
The parent or eligible student shall examine the student’s records in the presence of the director and/or other person(s) designated by the director.
Only certificated personnel such as a psychologist may be so designated.
The record itself shall not be taken from the agency. However, upon request, one copy of the record shall be provided within a reasonable time to the parent or eligible student at a cost of $1.25 per page.
Requesting records from other districts/schools
When a student transfers to this administrative unit from another administrative unit, the receiving agency shall request the student’s records from the transferring district if the records have not already been forwarded to the receiving agency.
Transferring records to other school districts/agencies
Student records, including disciplinary records, may be transferred without consent to officials of another school or administrative unit, school system, or post secondary institution that has requested the records and in which the student seeks or intends to enroll. The agency will provide a copy of the record to the eligible student or student’s parents if so requested.
Requesting and receiving information and records from state agencies
Within the bounds of state law, agency personnel shall seek to obtain such information regarding students as is required to perform their legal duties and responsibilities, including protecting public safety and the safety of the student. Such information may be obtained from the judicial department or any state agency that performs duties and functions under the Colorado Children’s Code.
Agency personnel receiving such information shall use it only in the performance of their legal duties and responsibilities and shall otherwise maintain the confidentiality of all information obtained.
If such information is shared with another school, school district or administrative unit to which a student may be transferring, it shall only be shared in compliance with the requirements of federal law, including the Family Education Rights and Privacy Act of 1974 ("FERPA)
Request to amend education records
A parent or eligible student may ask the agency to amend a record they believe is inaccurate, misleading or otherwise violates the privacy rights of the student by writing to the special education director clearly identifying the part of the record they want changed and specifying why it is inaccurate, misleading, or otherwise violates the privacy rights of the student. The request to the director to amend a student’s records must be made in writing within 10 school days of the date the records were first examined.
If the director, after consulting with any other person having relevant information, decides not to amend the record as requested by the parent or eligible student, the director shall notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures shall be provided to the parent or eligible student when notified of the right to a hearing.
A request for a formal hearing must be made in writing and addressed to the executive director of the agency. The response to the request shall be mailed with 10 school days. The hearing shall be held in accordance with the following:
a. The hearing will be held within 15 school days after receipt of the request. Notice of the date, place and time of the hearing will be forwarded to the parent or eligible student by certified mail.
b. The hearing will be conducted by the director or a higher administrative official as designated in writing by the executive director. The official conducting the hearing shall not be the director who made the initial decision nor shall it be anyone with a direct interest in the outcome of the hearing.
c. Parents or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of their choice at their own expense, including an attorney.
d. The official designated above shall make a decision in writing within 10 school days following the conclusion of the hearing and shall notify the parent or eligible student of that decision by certified mail.
e. The decision of the official shall be based upon the evidence presented at the hearing and shall include a summary of the evidence and the reason for the decision.
f. The decision shall include a statement informing the parents or eligible student of their right to place in the student records a statement commenting upon the information in the records and/or setting forth any reason for disagreement. Any explanation placed in the records shall be maintained by the agency. If the student record is disclosed by the agency to any other party, the explanation shall also be disclosed to that party.
Disclosure with written consent
Whenever the agency is required by law or policy to seek written consent prior to disclosing personally identifiable information regarding a student, the notice provided to the parent or eligible student shall contain the following:
g. The specific records to be released
h. The specific reasons for such release
i. The specific identity of any person, agency or organization requesting such information and the intended uses of the information
j. The method or manner by which the records will be released
k. The right to review or receive a copy of the records to be released
Parental consent shall only be valid for the specific instance for which it was given. Consent for a student to participate in any course, school activity special education program or any other school program shall not constitute the specific written consent required.
All signed consent forms shall be retained by the agency.
Disclosure without written consent
The agency will disclose personally identifiable information from student records without written consent of the parent or eligible student only to those persons or entities allowed under federal or state law to receive such information.
The agency may disclose group scholastic achievement data from which the individual cannot be identified without written consent of the parent or eligible student.
Disclosure of disciplinary information to school personnel
In accordance with state law, the director or designee is required to communicate disciplinary information concerning any student enrolled in the school to any teacher who has direct contact with the student in the classroom and to any counselor who has direct contact with the student. The purpose of this requirement is to keep school personnel apprised of situations that could pose a risk to the safety and welfare of others.
For purposes of this policy, "disciplinary information" means confidential records maintained by or in possession of the principal or designee on an individual student which indicate the student has committed an overt and willful act which constitutes a violation of the district’s code of student conduct and/or there is reasonable cause to believe, through information provided to the principal from another credible source, that the student could pose a threat to the health and safety of other students and agency personnel based on prior misbehavior.
"Disciplinary information" is intended to include only that information of a serious nature that is not otherwise available to teachers and counselors as part of the education records maintained on students or other reports of disciplinary information from the principal or designee on students in their classrooms if there is concern that the student poses a threat to the safety of other students or agency officials.
Any teacher or counselor to whom disciplinary information is reported shall maintain the confidentiality of the information and shall not communicate it to any other person. The director or designee is required to inform the student and the student’s parent when disciplinary information is communicated and to provide a copy of the disciplinary information. The student and/or the student’s parent may challenge the accuracy of disciplinary information through the administrative regulations which accompany this policy.
Disclosure to military recruiting officers
Names, addresses and home telephone numbers of secondary school students will be released to military recruiting officers within 90 days of the request unless a student submits a written request that such information not be released. Reasonable and customary actual expenses directly incurred by the agency in furnishing this information will be paid by the requesting service.
Disclosure to Medicaid
In all cases in which a student is enrolled in the Colorado Medicaid program, the district shall release directory information consisting of the student’s name, date of birth, and gender to Health Care Policy and Financing (Colorado’s Medicaid agency) to verify Medicaid eligibility of students. It shall be the responsibility of the parent to notify the agency if this is not permissible.
Disclosure to criminal justice agencies
The executive director or designee is authorized by law to share disciplinary and attendance information with a criminal justice agency investigating a criminal matter concerning a student enrolled or who will enroll in the agency/school district when necessary to effectively serve the student prior to trial. Such information shall only be shared upon written certification by the criminal justice agency that the information will not be disclosed to any other party, except as specifically authorized or required by law, without prior written consent of the student’s parent.
Disclosure to the Colorado Commission on Higher Education (CCHE)
On or before December 31 of each school year, the school district shall disclose to the CCHE the names and mailing addresses of those students enrolled in the eighth grade for use in mailing the notice of postsecondary educational opportunities and higher education admission guidelines as required by state law.
Disclosure to other parties
Except as noted in this policy, student records will not be released to other individuals and parties without a written request and authorization of the parent or eligible student.
Personal information will only be released to a third party with the assurance it will be kept confidential.
Disclosure of directory information
The agency may disclose directory information without written consent of the parent or eligible student. The parent or eligible student has the right to refuse to permit the designation of any or all of the categories of directory information if such refusal is received in writing in the office of the director no later that September 7 or the following Monday if September 7 is a Saturday or Sunday.
Directory information which may be released may include the student’s name, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous education agency or institution attended by the student, and other similar information. Student telephone numbers and addresses will not be disclosed pursuant to Colorado law, except that the mailing addresses of eighth grade students shall be disclosed to the CCHE pursuant to paragraph 13 of this policy.
Annual notification of rights
The agency will notify parents and eligible students of their rights pursuant to this policy. For notice to parents or eligible students who are disabled or whose primary or home language is other than English, the format or method of notice will be modified so it is reasonably likely to inform them of their rights.
A copy of the Family Educational Rights and Privacy act and this policy on student records shall be on file in the office of the agency.
Waivers
A parent or eligible student may waive any or all rights protected by this policy. The waiver shall not be valid unless in writing and signed by the parent or eligible student. The agency does not require a waiver by may request a waiver. Any waiver under this provision may be revoked at any time in writing.
Adopted: January 15, 2003
Revised: September 17, 2004
LEGAL REFS.: 20 U.S.C. 1232g (FERPA regulations)
20 U.S.C. 7908 (military recruiter information contained in NCLB Act of 2001)
34 C.F.R. 99.1 et seg. (FERPA regulations)
Pub.L. 100-360 and 304, July1, 1998 (Medicare Catastrophic Coverage Act of 1988)
C.R.S. 19-1-303 & 304 (records and information sharing under Colorado Children’s Code)
C.R.S. 22-1-122 (District shall comply with FERPA)
C.R.S. 22-32-109.1(6) (duty to establish policy on sharing information consistent with state and federal law in the interest of making schools safe)
C.R.S. 22-32-109.3 (2) (duty to share disciplinary and attendance information with criminal justice agencies)
C.R.S. 22-33-106.5 (court to notify of conviction of violence and unlawful sexual behavior)
C.R.S. 22-33-107.5 (school district to notify of failure to attend school)
C.R.S. 24-72-204(3)(A)(vi) (schools cannot disclose address and phone number without consent)
C.R.S. 24-72-204(3)(d) (information to military recruiters)
C.R.S. 24-72-204(3)(e)(l) (certain FERPA provisions enacted into Colorado Law)
C.R.S. 24-72-204(3)(e)(ll) (disclosure by staff of information gained through personal knowledge or observation)
C.R.S. 26-4-531 (districts who contract to receive federal funds for health services for students receiving Medicaid benefits may share information as allowed by parent