Policy J2 – Students

JICB
Gang/Secret Societies
JICC (V. - 16.)
Student Conduct - School Buses
JICDA
Student Code of Conduct
JICDB
District-Wide Conduct and Discipline Policy
JICDE (X. - 28.)
Intimidation, Harassment and Bullying by Students
JICEA
School Related Student Publications
JICEA-1
School Related Student Publications Code
JICED
Student Expression Rights
JICG (X. - 23.)
Tobacco Use By Students
JICJ
Skateboards
JICH (X. - 24.)
Alcohol, Illicit Drugs, and Substance Abuse By Students
JICH-R (X. - 24.)
Alcohol, Illicit Drugs, and Substance Abuse By Students
JICI (III. - 46.)
Weapons in School
JIE (X. - 16.)
Student Pregnancy
JIH
Student Interrogations, Searches and Arrests
JIHB
Parking Lot Searches
JJA (X. - 15.)
Unsanctioned Student Activities
JJAB (X. - 30.)
Colorado High School Activities Association Membership
JJAC (X. - 34.)
Athletic Practices During Hours
JJAD (X. - 32.)
Extra - Curricular Program Travel Supervision
JJJ (X. - 33.)
Extra Curricular Activities
JJJA
Extra Curricular Participation Fees
JK
Student Discipline
JK-R
Student Discipline
JK-2
Discipline of Students with Disabilities
JKA
Use of Physical Intervention
JKB (X. - 9.)
Corporal Punishment
JIHB
Parking Lot Searches Policy Code:

JICB
Policy Name: Gang/Secret Societies
Adoption: July, 2007

The Board of Education desires to keep district schools and students free from the threats or harmful influence of any groups or gangs which advocate drug use, violence or disruptive behavior. The principal or designee shall maintain visible supervision of school premises, school vehicles and school-related activities to deter gang intimidation of students and confrontations between members of different gangs.
The superintendent or designee shall establish open lines of communication with local law enforcement authorities so as to share information and provide mutual support in this effort.

Gang symbols
The Board prohibits the presence on school premises, in school vehicles and at school-related activities of any apparel, jewelry, accessory, notebook or manner of grooming which by virtue of its color, arrangement, trademark or any other attribute denotes membership in gangs which advocate drug use, violence or disruptive behavior. This policy shall be applied at the principal's discretion after consultation with the superintendent or designee as the need for it arises at individual school sites.

Prevention education
The Board realizes that many students become involved in gangs without understanding the consequences of gang membership. Gang violence prevention education will be provided as needed at the discretion of the school principal.

LEGAL REFS.:
C.R.S. 22-1-120 (8)
C.R.S. 22-32-109.1 (2)(a)(VI)

Policy Code: JICC (V. - 16.)
Policy Name: Student Conduct - School Buses
Adoption: November, 1995
Revised:
Reviewed: January, 2007

It is the responsibility of all bus drivers to maintain standards of good discipline on the buses. Rules supplied by the administration must be enforced by the bus drivers. Students who refuse to follow the rules set down for riding buses will be issued a written disciplinary form by the driver. The form is also forwarded to the appropriate building administrator by the bus driver. If the student has a second infraction during the same semester another disciplinary form will be issued and forwarded to the administrator. The administrator will be responsible for disciplining the student with a second infraction and the maximum punishment will be one week off the bus. Should the student have a third violation of bus rules during the same semester a third disciplinary form will be issued and forwarded to the principal and the principal will remove the student from the bus for the remainder of the semester. It will be the principal's responsibility to contact the parent in all matters of bus discipline. It will be the parent's responsibility to provide transportation for the student to and from school during periods that the student's bus riding privilege has been suspended.

Policy Code: JICDA
Policy Name: Student Code of Conduct
Adopted: July 25, 2011
Revised: October 2012

The principal may suspend, recommend expulsion, or recommend utilization of restorative justice practices when a student engages in one or more of the following activities while in school buildings, on district property, when being transported in vehicles dispatched by the district or one of its schools, during a school-sponsored or district-sponsored activity or event and off school property when the conduct has a reasonable connection to school or any district curricular or non-curricular event.

1. Causing or attempting to cause damage to school property or stealing or attempting to steal school property of value.

2. Causing or attempting to cause damage to private property or stealing or attempting to steal private property.

3. Commission of any act which if committed by an adult would be robbery or assault as defined by state law. Expulsion shall be mandatory in accordance with state law except for commission of third degree assault.

4. Violation of criminal law which has an immediate effect on the school or on the general safety or welfare of students or staff.

5. Violation of district policy or building regulations.

6. Violation of the district's policy on weapons in the schools. Expulsion shall be mandatory for carrying, bringing, using or possessing a dangerous weapon without the authorization of the school or school district, in accordance with state law.

7. Violation of the district's alcohol use/drug abuse policy. Expulsion shall be mandatory for sale of drugs or controlled substances, in accordance with state law.

8. Violation of the district's violent and aggressive behavior policy.

9. Violation of the district's tobacco-free schools policy.

10. Violation of the district's policy on sexual harassment.

11. Violation of the district's policy on nondiscrimination.

12. Throwing objects, unless part of a supervised school activity, that can cause bodily injury or damage property.

13. Directing profanity, vulgar language or obscene gestures toward other students, school personnel or visitors to the school.

14. Engaging in verbal abuse, i.e., name calling, ethnic or racial slurs, or derogatory statements addressed publicly to others that precipitate disruption of the school program or incite violence.

15. Committing extortion, coercion or blackmail, i.e., obtaining money or other objects of value from an unwilling person or forcing an individual to act through the use of force or threat of force.

16. Lying or giving false information, either verbally or in writing, to a school employee.

17. Scholastic dishonesty which includes but is not limited to cheating on a test, plagiarism or unauthorized collaboration with another person in preparing written work.

18. Continued willful disobedience or open and persistent defiance of proper authority including deliberate refusal to obey a member of the school staff.

19. Behavior on or off school property which is detrimental to the welfare or safety of other students or school personnel.

20. Repeated interference with the school's ability to provide educational opportunities to other students.

21. Engaging in "hazing" activities, i.e., forcing prolonged physical activity, forcing excessive consumption of any substance, forcing prolonged deprivation of sleep, food, or drink, or any other behavior which recklessly endangers the health or safety of an individual for purposes of initiation into any student group.

22. Violation of the district's dress code policy.

23. Making a false accusation of criminal activity against a district employee to law enforcement or to the district.

(Adoption date)
LEGAL REFS.: C.R.S. 12-22-303 (7) (definition of controlled substance)
C.R.S. 18-3-202 et seq. (offenses against person)
C.R.S. 18-4-301 et seq. (offenses against property)
C.R.S. 18-9-124 (2)(a) (prohibition of hazing)
C.R.S. 22-12-105 (3) (authority to suspend or expel for false accusations)
C.R.S. 22-32-109.1 (2)(a)(I) (duty to adopt policies on student conduct, safety and welfare)
C.R.S. 22-32-109.1 (2)(a)(II) (policy required as part of safe schools plan)
C.R.S. 22-32-109.1 (9) (immunity provisions in safe schools law)
C.R.S. 22-33-106 (1)(a-f) (grounds for suspension, expulsion, denial of admission)
CROSS REFS.: AC, Nondiscrimination/Equal Opportunity
ADC, Tobacco-Free Schools
ADD, Safe Schools
ECAC, Vandalism
GBGB, Staff Personal Security and Safety
JBAA*, Sexual Harassment
JIC, Student Conduct
JICA, Student Dress Code
JICC, Student Conduct in School Vehicles
JICB, Secret Societies/Gang Activity
JICH, Drug and Alcohol Use by Students
JICI, Weapons in School
JK, Student Discipline
JKD/JKE, Suspension/Expulsion of Students
NOTE: All Board policies with codes containing the letter "JIC" are considered part of the legally-mandated code of conduct and discipline.

JICDB
District-Wide Conduct and Discipline Policy

Policy Code: JICDE (X. - 28.)
Policy Name: Intimidation, Harassment and Bullying by Students
Adoption: November, 1995
Revised: August 27, 2001
Revised: July, 2007

The Board of Education supports a safe school climate conducive to teaching and learning that is free from threat, harassment and any type of bullying behavior. For the purposes of this policy, the school environment includes school buildings, grounds, vehicles, bus stops and all school sponsored activities. A student who violates this policy is subject to appropriate disciplinary action including suspension, expulsion, restorative justice, and/or referral to law enforcement authorities.
Intimidation, harassment, and bullying are recognized as forms of discrimination and thus violate the laws which prohibit discrimination.
A learning and working environment that is free from intimidation, harassment, and bullying shall be maintained. It shall be a violation of policy for any student of the school district to intimidate, harass or bully another student or employee through conduct or communications.
Intimidation, harassment, and bullying shall be defined as any conduct which has the purpose or effect of unreasonably interfering with an individual's performance in the school or work setting creating an intimidating, hostile or offensive environment related to school district activities or events.
Intimidation, and harassment or bullying as defined above may include but is not limited to:
1. Verbal or non-verbal behavior, including "kidding", which is demeaning or abusive.
2. Pressure to act against school rules, established law, or policies of the Board of Education.
3. The general use of directed or non-directed vulgarity or threatening language to create an intimidating and threatening environment.
4. The use of vulgarity by anyone when addressing, either orally or in writing, a
student, staff member or community person.

5. Any kind of physical contact that in any way causes another person to feel unsafe, afraid or causes physical harm.
6. Stalking another person for the purpose of intimidating, harassing or causing fear.
7. Hazing in any form.
Students, parents and staff should report instances of perceived intimidation, harassment, or bullying to the building principal or appropriate supervisor who shall conduct a full investigation of the allegations. All details of the complaint, the investigation, and actions taken will be documented and placed on file. Appropriate action will be in accordance with the procedures as stated in the District-wide Conduct and Discipline Policy JICDA. Any decisions relative to the allegations and subsequent investigation may be appealed in accordance with the district's grievance policies.
All matters involving a violation of this policy shall remain confidential to the extent possible. Reporting allegations shall not reflect upon the reporting individual's status or affect future employment, work assignments or grades.

LEGAL REFERENCE:
22-32 - 109.1 (2) (Board of Education - Specific Powers and Duties)
22-32-109.1 (2) (a) (VII) and (IX) (Safe Schools - Conduct and Discipline Code)

Policy Code: JICEA
Policy Name: School Related Student Publications
Adoption: October, 2006

School-sponsored publications are a public forum for students as well as an educational activity through which students can gain experience in reporting, writing, editing and understanding responsible journalism. Because the Board recognizes creative student expression as an educational benefit of the school experience, it encourages freedom of comment, both oral and written, in a school setting with a degree of order in which proper learning can take place.
The Board encourages students to express their views in school-sponsored publications and to observe rules for responsible journalism. This means expression which is false or obscene, libelous, slanderous or defamatory under state law; presents a clear and present danger of the commission of unlawful acts, violation of school rules or material and substantial disruption of the orderly operation of the school; violates the privacy rights of others; or threatens violence to property or persons shall not be permitted.
Student editors of school-sponsored publications shall be responsible for determining the news, opinion and advertising content of their publications subject to the limitations of this policy and state law. The publications adviser within each school shall be responsible for supervising the production of school-sponsored publications and for teaching and encouraging free and responsible expression and professional standards of journalism.
The publications adviser has authority to establish or limit writing assignments for students working with publications and to otherwise direct and control the learning experience that publications are intended to provide when participation in a school-sponsored publication is part of a school class or activity for which grades or school credits are given.
All school-sponsored publications shall contain a disclaimer that expression made by students in the exercise of freedom of speech or freedom of the press is not an expression of Board policy. The school district and employees are provided immunity from civil or criminal penalties for any expression made or published by students.
The superintendent shall develop, for approval by the Board, a written official school publications code which shall include:

1. A statement of the purposes of official school publications.

2. Responsibilities of official school publications' advisers and student editors.

3. A list of prohibited materials.

4. Reasonable provisions for the time, place and manner of distributing school-sponsored student publications within the school district's jurisdiction.

5. Procedures for resolving differences.

The publications code shall be distributed to all students and teachers at the beginning of each school year.

LEGAL REFS.:
C.R.S. 22-1-120 (rights of free expression for public school students)
C.R.S. 22-1-122(5)(e) (state law does not prevent a student who is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, analysis or evaluation without obtaining written parental consent as long as participation is not prohibited by federal law)
C.R.S. 22-32-110 (1)(r) (power to exclude materials that are immoral or pernicious)

Policy Code: JICEA-1
Policy Name: School Related Student Publications Code
Adoption: October, 2006

1. Purpose

As stated in Board policy JICEA school-sponsored publications are a public forum for students as well as an educational activity through which students can gain experience in reporting, writing, editing and understanding responsible journalism. Content of school publications should reflect all areas of student interest, including topics about which there may be dissent or controversy.

2. Responsibilities of student journalists

In addition to the responsibilities set forth in the accompanying Board policy, students who work on official student publications will:

a. Rewrite material, as required by the faculty advisers to improve sentence structure, grammar, spelling and punctuation.

b. Check and verify all facts and verify the accuracy of all quotations.

c. In the case of editorials or letters to the editor concerning controversial issues, provide space for rebuttal comments and opinions.

d. Determine the content of any advertisements.

3. Responsibilities of publication advisers

In addition to the responsibilities set forth in the accompanying Board policy, the publication adviser will exercise general supervision over all activities to create a proper learning environment.

4. Prohibited materials

a. Students may not publish or distribute material that is obscene. "Obscene" means:

(1) The average person applying contemporary community standards finds that the publication, taken as a whole, appeals to a minor's prurient interest in sex.

(2) The publication depicts or describes in a patently offensive way.

(3) The work, taken as a whole, lacks serious literary, artistic, political or scientific value.

b. Students may not publish expression that is libelous, slanderous or defamatory under state law. "Libelous" is defined as a false and unprivileged statement about a person that injures the individual's reputation in the community.

c. Expression that is false as to any person who is not a public figure or involved in a matter of public concern is prohibited.

If the allegedly libeled individual is a "public figure or official," the official must show that the false statement was published with actual malice, as the terms are defined in law.

Under the "fair comment rule," a student is free to express an opinion on matters of public interest.

d. Expression which presents a clear and present danger of the commission of unlawful acts, violation of lawful school regulations, or material and substantial disruption of the orderly operation of the school, violates the rights of others to privacy, or threatens violence to property or persons is prohibited.

In order for a student publication to be considered disruptive, there must exist specific facts upon which it would be reasonable to forecast that a clear and present likelihood of an immediate, substantial material disruption to normal school activity would occur if the material were distributed.

5. Time, place and manner restrictions

The principal will coordinate with the publications adviser on the time, place and manner of distributing school-sponsored publications to reduce any conflict with school instructional time and/or reduce any disruption of the orderly operation of the school which might be caused by the distribution of school-sponsored publications.

6. Procedures for resolving differences

Student editors will work first with the publications adviser to resolve any differences. If the problem can not be resolved at this level, the student editors and the publications adviser will work with the principal to resolve any problems. If the problem is not resolved at the principal level, the student editors and the publications adviser will work with the superintendent to resolve any problem. If the problem is not resolved at the superintendency level, the student editors and publications adviser work with the Board of Education. If the problem is not resolved at the Board level, the student editors and publications advisor may seek relief through the judicial system as is the right of any citizen.

7. Legal advice

a. If in the opinion of the publications adviser, material proposed for publication may be "obscene," "libelous," or "cause a substantial disruption of school activities," the legal opinion of the school district's attorney should be sought if authorized by the principal and superintendent.

b. Legal fees charged in connection with this consultation will be paid by the Board.

Policy Code: JICED
Policy Name: Student Expression Rights
Adoption: November, 1995
Revised: August 27, 2001
Reviewed: January, 2007

It is the Board of Education's responsibility to adopt rules reasonably necessary to maintain proper discipline among students and create an effective learning environment.

For purposes of this policy, student expression includes expression in any media, including but not limited to written, oral, visual, audio, and electronic media in all classroom and other school-related activities, assignments, and projects.

A student who violates this policy is subject to appropriate disciplinary action including suspension, expulsion and or referral to law enforcement authorities.

Students shall not turn in, present, publish or distribute expression that is disruptive to the classroom environment or to the maintenance of a safe and orderly school, as follows:

1. Obscene

2. Libelous, slanderous, defamatory, or other wise unlawful under state law

3. Profane or vulgar

4. False as to any person

5. Creates a clear and present danger by committing of unlawful acts, the violation of
lawful school regulations, or the substantial disruption of the orderly operation of the
school

6. Violates the rights of others to privacy

7. Threatens violence to property or persons

8. Attacks any person because of race, age, marital status, color, creed, disability,
national origin, ethnicity, gender, sexual orientation, religion or physical or personal
characteristics.

9. Tends to create hostility or otherwise disrupt the orderly operation of the education
Process.

10. Advocates illegal acts of any kind, including the use of illegal drugs, tobacco or
alcohol

Students, parents and staff should report instances of a student in violation of this policy to the building principal or appropriate supervisor who shall conduct a full investigation of the allegations. Appropriate action will be taken in accordance with the procedures as stated in the District's Code of Conduct and Behavioral Guidelines. Any decisions relative to the allegations and subsequent investigation may be appealed in accordance with the district's grievance policies.

All matters involving a violation of this policy shall remain confidential to the extent possible. Reporting allegations shall not reflect upon the reporting individual's status or affect future employment, work assignments or grades.

LEGAL REG.:
C.R.S. 22-1-120 (rights of free express for public school students)
C.R.S. 22-32-110 (1) (r) (power to exclude materials that are immoral or pernicious)

Policy Code: JICG (X. - 23.)
Policy Name: Tobacco Use By Students
Adoption: November, 1995
Revised:
Reviewed: January, 2007

Manitou Springs School District 14 students shall not posses tobacco products or use tobacco products on school property, in all school owned buildings, in vehicles owned or leased by the school district, or when participating in or attending any school sponsored activity.

Student violators of this policy shall be subject to building-level discipline procedures.

Legal Reference:
C.R.S. 25 - 14 - 102 (3)
C.R.S. 25 - 14 - 103 (l) (f) (3)

Policy Code: JICJ
Policy Name: Skateboards
Adoption: October 7, 1996
Revised:
Reviewed: January, 2007

The board of education recognizes its responsibility for providing safety in all district buildings and on all school property. Therefore, the board of education prohibits skateboards on school property.


Policy Code: JICH
Policy Name: Drug and Alcohol Involvement by Students
Adopted: December, 2010
Revised: November, 2013

Manitou Springs School District 14 shall promote a healthy environment for students by providing education, support and decision making skills in regard to alcohol, drugs and other controlled substances and their abuse. In order to accomplish this goal, a cooperative effort must be made among the schools, parents/guardians, community and its agencies.
It shall be a violation of Board policy and considered to be behavior which is detrimental to the welfare or safety of other students or school personnel for any student to possess, use, sell, distribute or exchange or to be under the influence of alcohol, drugs or other controlled substances. The unlawful possession or use of alcohol or controlled substances is wrong and harmful to students.
For purposes of this policy, controlled substances include but are not limited to narcotic drugs, hallucinogenic or mind-altering drugs or substances, amphetamines, barbiturates, stimulants, depressants, marijuana, anabolic steroids, any other controlled substances as defined in law, or any prescription or nonprescription drug, medication, vitamin or other chemical substances not taken in accordance with the Board policy and regulations on administering medications to students.
This policy also includes substances that are represented by or to the student to be any such controlled substance or what the student believes to be any such substance.
This policy shall apply to any student on district property, being transported in vehicles dispatched by the district or one of its schools, during a school-sponsored or district-sponsored activity or event, off school property when the conduct has a reasonable connection to school or any district curricular or non-curricular event, or whose conduct at any time or place interferes with the operations of the district or the safety or welfare of students or employees.
Students violating this policy shall be subject to disciplinary sanctions which may include suspension and/or expulsion from school and referral for prosecution.

Disciplinary sanctions and interventions for violations of this policy shall be in accordance with this policy's accompanying regulation.

Situations in which a student seeks counseling or information from a professional staff member for the purpose of overcoming substance abuse shall be handled on an individual basis depending upon the nature and particulars of the case. When appropriate, parents shall be involved and effort made to direct the substance abuser to sources of help.
The Board, in recognition that drug and alcohol abuse is a community problem, shall cooperate actively with law enforcement, social services or other agencies and organizations, parents/guardians and any other recognized community resources committed to reducing the incidents of illegal use of drugs and alcohol by school-aged youths.
Whenever possible in dealing with student problems associated with drug and alcohol abuse, school personnel shall provide parents/guardians and students with information concerning education and rehabilitation programs which are available.
Information provided to students and/or parents/guardians about community substance abuse treatment programs or other resources shall be accompanied by a disclaimer to clarify that the school district assumes no financial responsibility for the expense of drug or alcohol assessment or treatment provided by other agencies or groups unless otherwise required.
(Adoption date)
LEGAL REFS.: 20 U.S.C. §7101 et seq. (Safe & Drug-Free Schools and Communities Act of 1994)
21 U.S.C. 812 (definition of "controlled substance")
C.R.S. 18-18-407 (2) (crime to sell, distribute or possess controlled substance on or near school grounds or school vehicles)
C.R.S. 22-1-110 (instruction related to alcohol and drugs)
C.R.S. 22-32-109.1 (2)(a)(I)(G) (policy required as part of safe schools plan)
C.R.S. 22-33-106 (1)(d) (suspension or expulsion discretionary for the sale of a drug or controlled substance)
C.R.S. 25-1.5-106 (12)(b) (possession or use of medical marijuana in or on school grounds or in a school bus is prohibited)
C.R.S. 25-14-103.5 (boards of education must adopt policies prohibiting use of retail marijuana on school property)
CROSS REFS.: IHAMA, Teaching about Drugs, Alcohol and Tobacco
JIH, Student Interviews, Interrogations, Searches and Arrests
JK*-2, Discipline of Students with Disabilities
JKD/JKE, Suspension/Expulsion of Students
JLCD, Administering Medications to Students

Policy Code: JICH-R (X. -24)
Policy Name: Alcohol, Illicit Drugs, and Substance Abuse By Students
Adoption: December 2010
Revised: October 2012

Drug and Alcohol Use by Students
In accordance with the accompanying policy, the following procedures are established for disciplining students for alcohol- or drug-related misconduct.

Use
1. When a student is suspected of use, the person having the suspicion should notify the principal or designee. Notification must include reasons for such suspicion (observed use, unusual behavior, etc.). The principal or designee will conduct a check of the suspected student and collect data. This action must comply with the Board policy on interrogations and searches.

a. If information is not sufficient to warrant further action, the principal or designee may have a personal conference with the student expressing awareness and concern.

b. If information warrants, the parent/guardian will be requested to attend a conference at school. The conference may include sharing the data collected, explaining consequences of involvement with drugs/alcohol, developing a plan of action, and offering the parent or guardian general information and resources related to substance abuse.

2. When necessary, emergency health and safety care will be provided and any procedural or disciplinary issues postponed until the student's immediate needs are treated. While waiting for the parent/guardian or further medical aid, the student will not be left alone but placed in a quiet situation where he will remain under observation.

Possession
Students who possess alcohol, drugs, other controlled substances or drug-containing or drug-related paraphernalia in violation of Board policy will be handled in the following manner:

1. A staff member who comes in contact with evidence and/or contraband must notify the principal or designee immediately.

2. A staff member who has reasonable cause to believe that a student possesses alcohol, any controlled substance or drug-containing or drug-related paraphernalia in violation of Board policy will request that the student accompany him to the principal or designee. If the student refuses, the staff member will notify the principal or designee immediately.

3. The principal or designee will attempt to obtain evidence by requesting it directly from the student or through search procedures as outlined in Board policy.

4. The principal or designee will place any evidence in an envelope or alternative container as necessary which will be sealed, dated and initialed by the individual who originally obtained the materials and by the principal or designee. The evidence then will be placed in the school safe.

5. The principal or designee will call appropriate law enforcement officials in each instance of possession or sale of controlled substances by a student. A mutual decision will be made as to retention of the contraband by the school or testing by the authorities.

6. It shall be a violation of Board policy and considered to be behavior which is detrimental to the welfare, safety and morals of other students or school personnel for any student to possess, use, sell, distribute or procure or to be under the influence of alcohol, drugs, or other controlled substances.

First Offense for Use and/or Possession

1. The principal may request that the Superintendent of Schools conduct an expulsion hearing based on protecting the safety and welfare of the student body.

2. The student may be suspended from school for a period of up to 5 days as determined by the building principal.

3. Partners for Healthy Choices and/or other school support services may become involved.

4. Restorative Justice practices may be utilized if applicable.

Second Offense for Use and/or Possession

1. The principal may request that the Superintendent of Schools conduct an expulsion hearing based on protecting the safety and welfare of the student body.

2. The student may be suspended from school for a period of up to 5 days as determined by the building principal.

3. The student will lose the privilege of open campus until he/she demonstrates sufficient evidence of non-drug use/or possession.

4. Partners for Healthy Choices and/or other school support services may become involved.

5. Restorative Justice practices may be utilized if applicable.

Third Offense for Use and/or Possession

1. The principal shall request that the Superintendent of Schools conduct an expulsion hearing based on protecting the safety and welfare of the student body.

2. The student shall be suspended from school for a period of up to 10 days as determined by the building principal.

3. Partners for Healthy Choices and/or other school support services may become involved.

4. Restorative Justice practices may be utilized if applicable.

Off Campus/Non School Related Use/Possession:
When the district is made aware of alleged student conduct regarding the use and/or possession of alcohol and marijuana off of school grounds and at non-school related functions, the following protocol will be initiated:

1. School administration will contact the parents of the student(s) allegedly involved to notify of the incident.

2. School administration will provide any support at their disposal to assist the family, if so desired by the family.

3. Restorative Justice practices may be utilized if applicable.

Distribution
Students who sell, give or exchange alcohol, drugs, other controlled substances or drug-containing or drug-related paraphernalia in violation of Board policy will be handled in the following manner:
1. If an employee witnesses an act in which alcohol, drugs, other controlled substances or drug-containing or drug-related paraphernalia are being transferred from one student to another, the staff member will immediately attempt to detain the student and request that the student accompany the staff member to the principal or designee. If the student refuses, the staff member will notify the principal or designee immediately.
2. The principal or designee will attempt to obtain evidence by requesting it directly from the student or through search procedures in accordance with Board policy.
3. Any student who distributes, trades, exchanges or sells controlled substances will be expelled.
These procedures will supplement and complement authority conferred elsewhere by Board policy and will not be deemed to limit or suspend such other authority.
(Approval date)
CROSS REFS.: JIH, Student Interrogations, Searches and Arrests
JKD/JKE, Suspension/Expulsion of Students
[Revised April 2002]

COLORADO SAMPLE REGULATION 1990

Policy Code: JICI (III. - 46.)
Policy Name: Weapons in School
Adoption: November, 1995
Revised:
Reviewed: January, 2007

There shall be no deadly weapons of any kind in any school building, on school grounds, in any school vehicle or at any school sponsored activity without the authorization of the school or the School District. Exception to this prohibition are:

1. The deadly weapon is not concealed and is brought on school premises for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school activity or class.

2. The deadly weapon is for the purpose of carrying out duties as a law enforcement officer or armed security personnel hired by the district.

3. The deadly weapon is brought for the purpose of participating in an authorized extra curricular activity which involves the use of weapons.

Weapons which are prohibited on district property include, but are not limited to any pistol, revolver, rifle, shotgun, Argonne or spring gun, slingshot, bludgeons, artificial knuckles, a knife having a blade of greater than three and one-half inches, any knife the blades of which opens automatically by hand pressure applied to a button, spring, or other devise in its handle, or any pocket knife where the blade is carried in a partially opened position.

Violation of this policy requires that proceedings for expulsion of any student involved shall be initiated immediately by the principal. With regard to staff, violations of this policy will result in disciplinary action, including possible dismissal. Violations by a visitor to the district may result in denial of further access to district property or the right to attend district or school functions.

In accordance with federal law, expulsion will be for no less than one full calendar year for a student who is determined to have brought a firearm to school. The superintendent may modify the length of this requirement for expulsion on a case-by-case basis.

Legal Reference:
20 U.S.C. 3351
C.R.S. 18-1-901 (3) (e)
C.R.S. 18-12-101
C.R.S. 18-12-105.5
C.R.S. 22-33-106 (1) (d)

Policy Code: JIE (X. - 16.)
Policy Name: Student Pregnancy
Adoption: November, 1995
Revised:
Reviewed: January, 2007

Pregnant students may be offered the opportunity for tutoring services when required to be absent from school. School counseling services may also be available.

Policy Code: JIH
Policy Name: Student Interrogations, Searches and Arrests
Date Adopted: July 2007
Date Revised: January 2013

The Board of Education seeks to maintain a climate in the schools that is conducive to learning and protective of the safety and welfare of staff and students. To achieve this goal, it may be necessary for school personnel to search the person and/or the personal property of the student and to seize any property deemed injurious or detrimental to the safety and welfare of students and staff.

Interviews by school administrators
When a violation of Board policy or school rules occurs, the principal or designee may question potential student victims and witnesses without prior consent of the student's parent/guardian. If a school official is investigating a report of child abuse and the suspected perpetrator is a member of the student's family, no contact with the student's family will be made.

Interrogations by school administrators
In situations where a student is suspected of violating Board policies or school rules, the principal or designee may interrogate the suspected student if the school official has reasonable grounds to suspect that such a violation has occurred. The nature and extent of the questioning must be reasonably related to the objectives of the questioning. If the student denies any involvement or culpability, the student will have the opportunity to present his or her side of the story, orally or in writing.

Searches conducted by school personnel
School personnel may search a student and/or the student's personal property while on school premises or during a school activity in accordance with this policy and may seize any illegal, unauthorized or contraband materials.
Whenever possible, the student shall be informed of the reason(s) for conducting the search and the student's permission to perform the search shall be requested. A student's failure to cooperate with school officials conducting a search shall be considered grounds for disciplinary action.
An administrative report shall be prepared by the school official conducting a search explaining the reasons for the search, the results and the names of any witnesses to the search.

Search of school property
School lockers, desks and other storage areas are school property and remain at all times under the control of the school. All such lockers, desks and other storage areas, as well as their contents, are subject to inspection at any time, with or without notice.
Students shall assume full responsibility for the security of their lockers and/or other storage areas in the manner approved by the administration. Students shall be responsible for whatever is contained in desks and lockers assigned to them by the school, as well as for any loss or damage relating to the contents of such desks and lockers.

Search of the student's person or personal effects
The principal or designee may search the person of a student or a student's personal effects such as a purse, backpack, book bag, or briefcase on school property or at school-sponsored events or activities if the school official has reasonable grounds to suspect that the search will uncover:
a. Evidence of a violation of Board and/or district policies, school rules, or federal, state, or local laws.
b. Anything, which, because of its presence, presents an immediate danger of physical harm or illness to any person.
Search of the person shall be limited to the student's pockets, any object in the student's possession such as a purse, backpack, book bag, or briefcase, and a "pat down" of the exterior of the student's clothing.
The extent of the search of a student's person or personal effects, as well as the means to conduct the search, must be reasonably related to the objectives of the search and the nature of the suspected violation. Additionally, school officials conducting the search shall be respectful of privacy considerations, in light of the sex and age of the student.
Searches of the person shall be conducted out of the presence of other students and as privately as possible by a person of the same sex as the student being searched. At least one person of the same sex as the student being searched shall witness but not participate in the search.
Searches of a student's person and/or personal effects may be conducted without the prior consent of the student's parent/guardian. However, the parent/guardian of any student searched shall be notified of the search as soon as reasonably possible.
Searches of the person, which may require removal of clothing other than a coat or jacket, shall be referred to a law enforcement officer. School personnel shall not participate in such searches.

Seizure of items
Anything found in the course of a search conducted by school officials which is evidence of a violation of law or Board policy or school rules or which by its presence presents an immediate danger of physical harm may be:
1. Seized and offered as evidence in any suspension or expulsion proceeding. Such material shall be kept in a secure place by the principal until it is presented at the hearing.
2. Returned to the student or the parent/guardian.
3. Turned over to a law enforcement officer in accordance with this policy.

Appeals
Within 10 school days after a search, the student may appeal the search decision to the superintendent who shall investigate the reason(s) and circumstances of the search. The superintendent shall issue written findings within five school days after receiving the appeal. The superintendent's decision shall constitute the final district determination.

Law enforcement officers' involvement
Interrogations and interviews
When law enforcement officials request permission to question students when students are in school or participating in school activities, the principal or designee shall ascertain that the law enforcement officer has proper identification. Except when law enforcement officers have a warrant or other court order, or when an emergency or other exigent circumstances exist, such interrogations and interviews are discouraged during students' class time.
It is the responsibility of the law enforcement officer interviewing student witnesses or interrogating student suspects to assure compliance with all applicable procedural safeguards. Upon request by law enforcement to interview a student witness or interrogate a student suspect, school officials shall make an effort to notify the student's parent/guardian, except in cases involving investigation of reported child abuse where the suspected perpetrator is a member of the student's family, when law enforcement has a court order directing that the student's parent/guardian not be notified, or when an emergency or other exigent circumstances exist. However, whether or not to postpone the interview or interrogation until the parent/guardian arrives is the law enforcement officer's decision.

Search and seizure
The principal or designee may request a search on school premises be conducted by a law enforcement officer. When law enforcement officers respond to such a request, no school employee shall assist or otherwise participate in the search. It is expected that searches by law enforcement will be conducted in accordance with the requirements of applicable law.
Custody and/or arrest
Students will be released to law enforcement officers if the student has been placed under arrest or if the student's parent/guardian and the student consent to such release. When a student is removed from school by law enforcement officers for any reason, school officials will make reasonable efforts to notify the student's parent/guardian.
It is expected that all procedural safeguards prescribed by law are followed by law enforcement officers conducting student arrests. However, district staff is not responsible for an officer's legal compliance when arresting a student.
(Adoption date)
LEGAL REFS.: C.R.S. 19-2- 511 et seq.
C.R.S. 22-32-109.1 (2)(a)(I)(I) (policy required as part of safe schools plan)
CROSS REFS.: JIHB, Parking Lot Searches
JK, Student Discipline, and subcodes

Policy Code: JIHB
Policy Name: Parking Lot Searches
Adopted: April 25, 2011

The privilege of bringing a student-operated motor vehicle on to school premises is conditioned on consent by the student driver to allow search of the vehicle when there is reasonable suspicion that the search will yield evidence of contraband.

Refusal by a student, parent/guardian, or owner of the vehicle to allow access to a motor vehicle on school premises at the time of a request to search the vehicle shall be cause for termination without further hearing of the privilege of bringing the vehicle on to school premises. Refusal to submit to search also may result in disciplinary action and notification of law enforcement officials.

Routine patrolling of student parking lots and inspection of the outside of student automobiles shall be permitted at all times.
LEGAL REF.: C.R.S. 22-32-109.1(2)(a)(VIII)
CROSS REF.: JIH, Student Interrogations, Searches and Arrests
[Revised by CASB June 2000]

Policy Code: JJA (X. - 15.)
Policy Name: Unsanctioned Student Activities
Adoption: November, 1995
Revised:
Reviewed: January, 2007

Unsanctioned and unapproved activities occurring after an approved school function, such as the Junior-Senior Prom, may result in the administration or


Board of Education abolishing the approved school function.

Policy Code: JJAB (X. - 30.)
Policy Name: Colorado High School Activities Association Membership
Adoption: November, 1995
Revised:
Reviewed: January, 2007

The Board of Education has approved membership in the Colorado High School Activities Association and to the Local Activities Association to which the school is assigned by CHSAA. As long as this school is a member of these bodies, it must abide by the policies and ideals as set by the Colorado High School Activities Association and the Local Activities Association.

The Board of Education also recognizes that service as a member of a CHSAA or Local Activities or Local Activities Association committee under the auspices of the CHSAA is deemed to be within the scope of employment of district personnel and within the performance of such staff member's duties as employees of School District 14.

Policy Code: JJAC (X. - 34.)
Policy Name: Athletic Practices During Hours
Adoption: November, 1995
Revised:
Reviewed: January, 2007

There will be no athletic practices during school hours.

Policy Code: JJAD (X. - 32.)
Policy Name: Extra - Curricular Program Travel Supervision
Adoption: November, 1995
Revised:
Reviewed: January, 2007

Whenever extra-curricular groups travel, supervision will be provided for the control and safety of the group and the members of the student body who travel on school provided transportation.

Policy Code: JJJ (X. - 33.)
Policy Name: Extra Curricular Activities
Adopted: February 26, 2001
Revised:
Reviewed: January, 2007
Revised: November 2008

The Extra Curricular Activities program of Manitou Springs School District 14 offers activities which contribute to the total educational program of Manitou Springs School District 14 and exemplify the whole child values of the district. Extra curricular activities include athletics, off campus music, drama, and art, student governance, student public service organizations, and school sponsored clubs.

Manitou Springs High School is a member of the Colorado High School Activities Association. As a member of the CHSAA, the school has joined with other public accredited high schools in Colorado in making and agreeing to abide by eligibility rules which are reflected in the high school's activities policies. Individual students and the school are both responsible for insuring that the school does not suffer embarrassment and loss of prestige because it has to forfeit a game or other contest or perhaps lose a championship because a student participated when not eligible. All students wishing to participate must therefore comply with the requirements of the Colorado High School Activities Association.

Manitou Springs Middle School is a member of the Tri County League and as such has agreed to abide by the rules governing that league. Middle school policies reflect its conference commitments.

In Manitou Springs School District 14 all students wishing to participate in any extra-curricular activity:

1. Must be considered a good citizen of his or her school as determined by the principal, assistant principal and/or the activities director. The District believes that involvement in extra curricular activities can positively influence the attitudes and behaviors of disaffected students.

2. Must conduct himself or herself in a manner which reflects positively on the school and fellow participants.

3. Must meet the conduct and attendance requirements of their school.

4. Must be academically eligible as determined by school policy.

5. Must not be a member of any organization prohibited by law.

In addition, any illegal use of drugs, alcohol or tobacco on or off of school grounds, during the school day, at school sponsored activities, or arriving at school or activities under the influence of drugs or alcohol will not be tolerated. Specific policies are the responsibility of each school to develop and implement.

Policy Code: JJJA
Policy Name: Extra Curricular Participation Fees
Adoption: May 23, 2005
Revised:
Reviewed: January, 2007

The Board of Education directs the Superintendent or designee to establish a schedule of fees for grade 6-12 extra curricular activities in conjunction with the Board's annual budget development process. Included will be a process by which students unable to pay may apply for and receive a full or partial waiver of fees. The Superintendent or designee is authorized to develop regulations and/or procedures which require a student to pay the fee as a condition of extra curricular participation.

Policy Code: JK
Policy Name: Student Discipline
Date Adopted: January 24, 2011
Date Revised: October 2012

The Board believes that effective student discipline is a prerequisite for sound educational practice and productive learning. The objectives of disciplining any student must be to help the student develop a positive attitude toward self-discipline and socially acceptable behavior. Restorative justice practices may be used when applicable to achieve this mission.

All policies and procedures for handling general and major student discipline problems shall be designed to achieve these broad objectives. Disorderly students shall be dealt with in a manner, which allows other students to learn in an atmosphere, which is safe, conducive to the learning process and free from unnecessary disruptions.
The Board in accordance with state law has adopted a written student conduct and discipline code based upon the principle that every student is expected to follow accepted rules of conduct and to show respect for and to obey persons in authority. The code also emphasizes that certain behavior, especially behavior that disrupts the classroom, is unacceptable and may result in disciplinary action.
All Board-adopted policies and Board-approved regulations containing the letters "JK" in the file name constitute the discipline section of the legally required code.
Immunity for enforcement of discipline code
An act of a teacher or other employee shall not be considered child abuse if the act was performed in good faith and in compliance with Board policy and procedures.

A teacher or any other person acting in good faith and in compliance with the discipline code adopted by the Board shall be immune from criminal prosecution or civil liability unless the person is acting willfully or wantonly.
Remedial discipline plans
The principal may develop a remedial discipline plan for any student who causes a material and substantial disruption in the classroom, on school grounds, in school vehicles or at school activities or events. The goal of the remedial discipline plan shall be to address the student's disruptive behavior and educational needs while keeping the child in school.
Discipline of habitually disruptive students
Students who have been suspended three times for causing a material and substantial disruption in the classroom, on school grounds, in school vehicles or at school activities or events during the school year shall be declared habitually disruptive students. Any student enrolled in the district's schools may be subject to being declared an habitually disruptive student. [Note: One of the following options should be included at the Board's discretion.
Declaration as an habitually disruptive student may result in the student's expulsion.

Distribution of conduct and discipline code
The superintendent shall arrange to have the conduct and discipline code distributed once to each student in elementary, middle, junior high and high school and once to each new student in the district. Copies shall be posted in each school of the district. In addition, any significant change in the code shall be distributed to each student and posted in each school.
The Board shall consult with administrators, teachers, parents, students and other members of the community in the development of the conduct and discipline code.

LEGAL REFS.: C.R.S. 18-6-401 (1) (definition of child abuse)
C.R.S. 22-32-109.1 (2)(a) (adoption and enforcement of conduct and discipline code)
C.R.S. 22-32-109.1(2)(a)(III) (discipline of habitually disruptive students is required part of safe schools plan)
C.R.S. 22-32-109.1 (9) (immunity provisions in safe schools law)
C.R.S. 22-33-106 (1)(a-f) (grounds for suspension, expulsion and denial of admission)
C.R.S. 22-33-106 (1)(c.5) (habitually disruptive students)
CROSS REFS.: GBG, Liability of School Personnel/Staff Protection
JIC, Student Conduct, and subcodes
JK subcodes, (all relate to student discipline)

LEGAL REFS.: C.R.S. 18-6-401 (1) (definition of child abuse)
C.R.S. 22-32-109.1 (2)(a) (adoption and enforcement of conduct and discipline code)
C.R.S. 22-32-109.1(2)(a)(III) (discipline of habitually disruptive students is required part of safe schools plan)
C.R.S. 22-32-109.1 (9) (immunity provisions in safe schools law)
C.R.S. 22-33-106 (1)(a-f) (grounds for suspension, expulsion and denial of admission)
C.R.S. 22-33-106 (1)(c.5) (habitually disruptive students)
CROSS REFS.: GBG, Liability of School Personnel/Staff Protection
JIC, Student Conduct, and subcodes
JK subcodes, (all relate to student discipline)

Policy Code: JK-R
Policy Name: Student Discipline
Date Adopted: January 24, 2011
Date Revised: October 2012

Remedial discipline plans
1. The principal may develop a plan for any student who causes a material and substantial disruption in the classroom, on school grounds, in school vehicles or at school activities or events. The goal of the remedial discipline plan shall be to address the student's disruptive behavior and educational needs while keeping the child in school.
2. To develop the plan, the principal will arrange for a meeting with the student, the student's parent/guardian and any members of the staff whom the principal believes should attend. Where applicable, the principal may utilize restorative justice practices.
3. The purpose of the meeting will be to address the reasons for the student's disruptive behavior and to establish goals, objectives and timelines to modify such behavior. A written plan will be prepared, which addresses the student's disruptive behavior, educational needs and what steps are necessary to keep the child in school. The plan will include incentives for good behavior and consequences if the student violates the plan.
4. The plan may be written in the form of a contract which the student and the parent/guardian will sign and date.
5. The parent/guardian will be provided a copy of the remedial discipline plan and it will be placed in the student's cumulative file.

Habitually disruptive students
A student will be declared "habitually disruptive" if suspended three times during the course of the school year for causing a material and substantial disruption in the classroom, on school grounds or at school activities or events because of student behavior that was initiated, willful and overt.
1. The principal will inform the superintendent if a student is suspended for a second time for causing a material and substantial disruption.
2. The student and the parent/guardian will be notified in writing of each suspension, which counts toward declaring the student habitually disruptive. The student and parent/guardian will also be notified in writing and by telephone or other oral communication of the definition of "habitually disruptive student."
3. District procedures for expulsion may be initiated when the student is suspended for the third time. The period of suspension will be extended, if necessary, to conduct an expulsion proceeding.]

Policy Code: JK-2
Policy Name: Discipline of Students with Disabilities
Date Adopted: January 24, 2011
Date Reviewed:

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 Individualized Education Programs (IEPs), 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, expulsions and provision of services
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.
A disciplinary change of placement occurs when a student is removed for more than 10 consecutive school days or subjected to a series of removals that constitute a pattern of removal under governing law.

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. School 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.

When a student is expelled or subject to a removal that results in a 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 his or her IEP goals.

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.

Manifestation determination
Within 10 school days from the date of the decision to take disciplinary action that will result in a disciplinary change of placement, relevant members of the student's IEP team, including the student's parents, 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 conduct in question was caused by, or had a direct and substantial relationship to, the student's disability; and (2) whether the student's conduct in question 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
If the team determines that the student's behavior was not a manifestation of the student's disability, disciplinary procedures shall be applied to the student in the same manner as applied to nondisabled students. As stated above, the student shall receive educational services during the period of expulsion or other disciplinary change of placement.

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 setting for up to 45 school days as discussed below or the student's placement may be changed for educational reasons as determined by the IEP team or as otherwise permitted by 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 interim alternative setting for not more than 45 school days without regard to the manifestation determination 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 or court of appropriate jurisdiction 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 before the behavior that precipitated the disciplinary action occurred.

The district is deemed to have knowledge of the student's disability if:
1. the student's parent has expressed concern in writing to district supervisory or administrative personnel, or the student's teacher, that the student is in need 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. Until the evaluation is completed, the student shall remain in the district's determined educational placement, which can include suspension or expulsion.

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, or 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.

LEGAL REFS.: 20 U.S.C. 1401 et seq.(Individuals with Disabilities Education Improvement Act of 2004)
34 C.F.R300.530-300.537(IDEIA regulations)
C.R.S. 22-20-101 et seq. (Exceptional Children's Educational Act)
C.R.S. 22-33-106 (1)(c)
CROSS REFS.: IHBA, Special Education Programs for Students with Disabilities
JIC, Student Conduct, and subcodes
JK, Student Discipline, and subcodes
JRA/JRC, Student Records/Release of Information on Students

Policy Code: JKA
Policy Name: Use of Physical Intervention
Adoption: August 29, 2000
Revised:
Reviewed: January, 2007

The safety and welfare of all students and staff should be the first consideration when dealing with disruptive students. Any person employed by the district may, within the scope of his/her employment, use reasonable and appropriate physical intervention or force as necessary for the following purposes:

1. To prevent a student from an act of wrong-doing.

2. To quell a disturbance threatening physical injury to others.

3. To obtain possession of weapons or other dangerous objects upon a student or within the control of a student.

4. For the purpose of self-defense.

5. For the protection of persons or property.

6. To maintain discipline.

Any such acts are not in conflict with the legal definition of child abuse and shall not be construed to constitute corporal punishment within the meaning and intention of this policy. Corporal punishment shall not be administered to students by anyone in any district school.

LEGAL REFS.:
C.R.S. 18-1703 (Use of physical force by those supervising minors)
C.R.S. 18-6-401 (1) (definition of child abuse)
C.R.S. 19-1-103 (1) (definition of abuse and neglect)
C.R.S. 22-32-109.1 (2) (a) (adoption and enforcement of discipline code)
C.R.S. 22-32-109.1 (2) (a) (IV) (policy required as part of safe schools)

Policy Name: Corporal Punishment
Adoption: November, 1995
Revised:
Reviewed: January, 2007

The Board and administration do not sanction any type of physical punishment by District 14 staff or by students against other students.

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