The following sections outline the high, fair and clear principles for our community of learners in the Kansas City, Kansas Public Schools. A strong connection exists between Social, Emotional and Character Development (SECD), school behavior, and academic performance. Social and emotional factors relative to student success promote a healthy school. Social, Emotional and Character Development (SECD) provides a foundation for our community of learners, which positively impacts student’s feelings of connectedness and creates a sense of autonomy about their schooling and other aspects of their lives. Students will gain a sense of competence that encompasses academic, emotional and physical safety for each child to succeed and be college and career ready. (Please note this is not intended to be a complete list)

Character Development

The Building of Core Principles and Responsible Decision Making

Empathy

Be understanding of others and what others are feeling; We will teach students to demonstrate:

• Listening to other thoughts and ideas
• Respecting the ideas, feelings, experiences, and needs of others
• Seeking reconciliation in conflict at school, work or community activities
• Communicating by using respectful language with regard to race, gender, disabilities, sexual orientation and respecting the cultural and religious differences of others

Respect

• Model appropriate behavior and language; We will teach students to demonstrate:
• Exhibiting a positive, cooperative attitude about school and learning
• Using positive language and actions to communicate with others
• Initiating leadership by being a peer mediator in bullying or aggressive situations
• Using language that affirms or supports yourself and/or others

Courage

Demonstrate determination and confidence; We will teach students to demonstrate:

• Engaging in new opportunities
• Utilizing mistakes as learning opportunities
• Managing conflict
• Leading others to do the right thing

Integrity

Do the right thing, even when no one is watching; We will teach students to demonstrate:

• Being honest and telling the truth
• Courageously standing for what is right: “Do the Right Thing”
• Being consistent in your character
• Promoting justice and striving for fairness

Personal Development

The Building of Self-Awareness and Self-Management

Ambition

Strong desire to achieve;

We will teach students to demonstrate:

• Creating goals and action plans
• Monitoring college and career readiness
• Aspiring for leadership opportunities by being involved in school and the community
• Constant and earnest effort to accomplish academic or personal goals

Responsibility

Take responsibility for what you do;

We will teach students to demonstrate:

• Being at school or work on time everyday
• Taking responsibility for what you do
• Making up all missed work as required
• Engaging in classroom work, discussions and assignments

Perseverance

Determination to overcome adversity and thrive; We will teach students to demonstrate:

Building academic, behavioral and social resilience

Understanding the process and benefits of setting goals

Working with teachers and counselors to create career and college goals and develop action plans to achieve those goals

Taking initiative to monitor and be responsible for your own academic success

Patience

Practice self-management when working through problems; We will teach students to demonstrate:

Being flexible and adaptive to change

Promoting a supportive and safe learning community

Taking turns and sharing

Giving time for others to talk and participate in activities

Social Development

The Building of Social Awareness and Interpersonal Skills

Cooperation

Be a team player;

Model positive behavior and communication that reflects cooperation with all members of the school, college campus and work community, in order to realize opportunities for academic and personal growth; We will teach students to demonstrate:

• Positive communication and teamwork
• A positive, cooperative attitude about school and learning
• Good sportsmanship and teamwork
• Following the rules

Gratitude

• Give appreciation or thanks for an act or achievement; We will teach students to demonstrate:
• Giving a genuine, verbal or written compliment
• Recognizing benefits, we receive through teamwork
• Acknowledging others for helping in a big or small way
• Taking care of the materials and supplies provided for work or play

Compassion

• Demonstrate empathy by taking action to help those in need through acts of kindness and caring; We will teach students to demonstrate:
• Listening carefully to others and give help when it is needed
• Helping a person or people who are going through difficult times
• Being kind
• Being sensitive and respectful to peers

Citizenship

• Dedication to making a positive contribution to your community; We will teach students to demonstrate:
• Knowledge and understanding of expectations, rights and responsibilities
• Actions that demonstrate consideration for the rights of others
• Applying learned knowledge and skills to be work ready
• Discussing different points of view to develop a plan that leads to success for all

The Student Code of Conduct has been written to illustrate that there are levels of responses within Class I, II, III, and IV offenses. Below is an overview of each class. The following sections further define the offenses, intervention and responses.

Class I offenses include a wide range of behaviors that disrupt the learning environment. The classroom teacher is the first level of intervention to correct Class I behaviors. In most cases, response strategies used by the teacher will be sufficient to bring the student’s behavior to an acceptable level. For Class I behaviors, a short-term or long-term out of school suspension will not be assigned for any grade level.

Class II offenses are behaviors that tend to seriously disrupt the learning environment. A Class II offense may warrant an office referral. Administrative responses may include a menu of in school interventions as well as short term suspension depending on the severity of the incident. A long-term suspension or an expulsion will not be assigned as a response in Class II.

Class III offenses are behaviors that may seriously jeopardize school order and security. School officials will treat these behaviors very seriously. Accordingly, the responses in Class III may include, but are not limited to, short-term and/or long-term suspension.

Class IV offenses are behaviors considered criminal acts that seriously jeopardize school order and security.

Class III or IV offenses, are behaviors that will require a reentry plan be created before the student returns from long term suspension or expulsion so that strategies can be implemented immediately upon the student’s return to school. This can include mediation or additional strategies to restore the relationships.

Class I offenses are behaviors that tend to disrupt the learning environment. A Class I offense may warrant an office referral; however, the teacher will be primarily responsible for responding and correcting these offenses. For Class I behaviors, short-term or long-term (out of school suspension) will not be assigned for any grade level.

Definitions and Explanations

1. Academic Dishonesty/Cheating/Forgery: Academic dishonesty through cheating, copying, forging signature of teacher and/or parent, plagiarizing, or altering records, or assisting another in such actions.
2. Disrespect/Use of Profanity: Use of negative language/profanity that disrupts others in the learning community. This behavior includes written, oral, electronic, and any remark or expression, including obscene gestures, which is offensive in violation of school standards but that is not directed at an individual.
3. Dress Code: Students must abide by the board approved dress code policy which can be found on page 37 under definitions for the full policy.
4. Excessive Tardiness: Repeated reporting to assigned class(es) after tardy bell rings without acceptable excuse. More than 7 (seven) tardies, late arrivals to school, and/or leaving before the end of school.
5. Improper Display of Affection: Improper touching, hugging, kissing and/or engaging in inappropriate social behavior.
6. Inappropriate Computer/Internet Misuse: Accessing, communicating or creating inappropriate and/or profane information that interferes with the student’s participation in the classroom.
7. Possession of Educational Nuisance: Devices that impede or interrupt the educational process including, but not limited to, cell phones on or used during class, video games, disc players, playing or trading cards, electronic devices, stuffed animals, radios, MP3 players, skateboards and any social media devices.
8. Tobacco Possession: Having tobacco on one’s person, in one’s pockets, bags, car, and/or locker, on school property or at school-sponsored event(s).
9. Violation of General School Rules and/or School Disruption: The failure to comply with or follow established procedures or intentional acts, behaviors, or conduct in the classroom, school building, buses and/or on any school district property or at a school-sponsored activity, which disrupts the orderly education process for the student and/or students near or in proximity. This includes all areas and locations on school district property or environments where expectations for appropriate school-behavior exist, including but not limited to classrooms, playgrounds, field trips, lunchrooms, hallways, school assembly areas, parking lots, and school buses.

Resolutions

Class I offenses include a wide range of behaviors that disrupt the learning environment. The classroom teacher is the first level of intervention to address Class I behaviors. In most cases, response strategies used by the teacher will be sufficient to bring the student’s behavior to an acceptable level. For Class I behaviors, a short-term or long-term out of school suspension will not be assigned for any grade level.

PreK-1

First Incident

• Redirection
• Reteaching of expectations
• Modeling of desired behavior
• Use of Visuals

Second Incident

• Peer model
• Consult with Colleagues
• Parent/Guardian Contact

Subsequent Incidents

• Change in environment (special seating, teacher proximity, removal of triggers, use of a break system)

Grades 2-5

First Incident

• Redirection
• Reteaching of expectations
• Modeling of desired behavior
• Teacher conference with student
• Parent/Guardian Contact

Second Incident

• Teacher Conference with Student, Parent/Guardian
• Individual or Small Group
• Counseling with School Counselor

Subsequent Incidents

• Referral to SIT Team
• Student Survey

Grades 6-8

First Incident

• Redirection
• Reteaching of expectations
• Modeling of desired behavior
• Teacher conference with student
• Parent/Guardian Contact

Second Incident

• Teacher Conference with Student, Parent/Guardian
• Individual or Small Group Counseling
• Detention

Subsequent Incidents

• Referral to SIT Team
• Student Survey
• Office Referral
• Extended Day Options

Grades 9-12

First Incident

• Redirection
• Reteaching of expectations
• Modeling of desired behavior
• Teacher conference with student
• Parent/Guardian Contact

Second Incident

• Teacher Conference with Student, Parent/Guardian
• Individual or Small Group Counseling
• Detention
• Use of circles (peace circles, dialogue circle, problem solving circle)
• Student spends extra time in classroom where harm occurred to repair the relationship(s) with staff/students

Subsequent Incidents

• Referral to SIT Team
• Student Survey
• Temporarily Revoking Parking Privilege
• Office Referral
• Extended Day Options

Class II offenses are behaviors that tend to seriously disrupt the learning environment and/or while on the bus. A Class II offense may warrant an office referral. Administrative responses may include a menu of in school interventions as well as an out of school short-term suspension depending on the severity of the incident. A long-term suspension or an expulsion will not be assigned as a response in Class II.

Class II Definitions and Explanations

1. Contributing to or Inciting a Disruptive Situation: The intentional promotion or advocacy of student misconduct by any student, for any purpose; including loud conversations and shouting on the bus or behavior which interferes with the learning of others in a classroom or in the learning environment.
2. Defamation: False or unprivileged statements or representations about an individual or identified group of individuals that harm the reputation of the person or the group by demeaning him, her, or them, or deterring others from associating or dealing with the individual group.
3. Defiance of Authority/Gross Disrespect: The refusal to comply with a reasonable request or directive from school personnel that disrupts the orderly process of instruction or any act of gross disrespect, including profanity, directed at school personnel.
4. Gambling: The participation on school property in games of chance with the express purpose of exchanging money or tangible barter that disrupts the orderly process of instruction.
5. Gross Disruptive Behavior: Minor scuffles not involving major injury or disruptive behavior, which may involve pushing, hitting, kicking, shoving, or other actions that interfere with the educational environment.
6. Misuse/Use of Technology Devices: The willful or intentional misuse of any technological equipment such as cellular phones, computers, video equipment or other audio-visual equipment that results in classroom disruption. Possession or use of any electronic device, carried, worn, or transported by a student to receive or communicate messages that is not authorized by the local Board of Education.
7. Possession of Incendiary Devices: The possession of any combustible or explosive substance or device(s),including fireworks, matches and lighters are forbidden.
8. Skipping Class: The unauthorized absence from a scheduled class or after school detention, without obtaining consent of the proper school authority. (Moved from Class I)
9. Stealing/Theft: The unlawful taking or disposition of property of another with intent to deprive the person of the property, without threat, violence or bodily harm. Receiving stolen property or possession of stolen property is included in this offense.
10. Tobacco Use: Smoking, chewing, or otherwise using tobacco. The use in any manner, in any form or manner of tobacco products while in or upon school premises and a minimum of 200 ft away from any school facility, including, but not limited to smoking, chewing, or inhaling tobacco.
11. Truancy: Violation of state, school district, or school policy relating to attendance. The unauthorized absence from school, without obtaining consent of the proper school authority.
12. Unnecessary delay of the Bus: Unnecessary delay of the bus before entering, while on, or after leaving the bus.
13. Unsafe Conditions: Intentionally creating unsafe conditions, including not wearing face or mask coverings and/or not maintaining social distancing, that put the health and safety of students, staff and other community members at risk, while on school property, during school functions, or at school sponsored activities. ((Move from Class III)

Class II Resolutions

Class II offenses are behaviors that seriously disrupt the learning environment, including extracurricular activities and while on any district property.

A Class II offense may warrant an office referral. Administrative responses may include a menu of in-school interventions.

PreK - 1

First Incident

• Safe space/calm spot
• Triage with student with focus on finding out the reason behind and collaborative problem solving
• Re-teaching of expectations
• Increase rate of acknowledgement, reinforcement, positive feedback, etc.

Subsequent Incidents

• Collaboration with Parents
• Consult with Colleagues
• Community Referrals
• Home Visit

Grades 2 – 5

First Incident

• Teacher Conference with Student, Parent/Guardian
• Re-teaching of Expectations
• Collaboration with Parents

Second Incident

• Teacher Conference with Student and Parent/Guardian
• Student Survey
• Re-teaching of Expectations
• Individual or Small Group Counseling

Third Incident

• Teacher Conference with Student and Parent/Guardian
• Individual or Small Group Counseling
• Referral to SIT Team
• Check In/Check Out
• Community Referrals

Subsequent Incidents

• Office Referral

Grades 6 - 8

First Incident

• Teacher Conference with Student
• Re-teaching of Classroom Expectations
• Collaboration with Parents
• Detention

Second Incident

• Teacher Conference with Student and Parent/Guardian
• Student Survey
• Re-teaching of Expectations
• Detention
• Individual or Small Group Counseling

Third Incident

• Teacher Conference with Student and Parent/Guardian
• Individual or Small Group Counseling
• Check In/Check Out
• Loss of a Privilege

Fourth Incident

• Referral to SIT team
• Check In/Check Out
• Community Referrals

Subsequent Incidents

• Office Referral
• Temporary Removal from Classroom Setting While Still in the School

Grades 9 – 12

First Incident

• Teacher Conference with Student
• Re-teaching of Classroom Expectations
• Collaboration with Parents
• Detention

Second Incident

• Teacher Conference with Student and Parent/Guardian
• Student Survey
• Re-teaching of Expectations
• Detention
• Individual or Small Group Counseling
• Use of circles (peace circles, dialogue circle, problem solving circle)

Third Incident

• Teacher Conference with Student and Parent/Guardian
• Individual or Small Group Counseling
• Loss of a Privilege

Fourth Incident

• Referral to SIT team
• Community Referrals
• ISS

Subsequent Incidents

• Office Referral

Class III offenses are behaviors that may seriously jeopardize school order and security. School officials will treat these behaviors very seriously. Accordingly, the responses in Class III may include but are not limited to, short-term and/or long-term suspension.

Class III Definitions and Explanations

1. Alcohol Possession and Use or Dispersal: The possession, use or possession with the intent to sell, or to distribute alcohol or other controlled substances, “look-alikes” for the purpose of intoxication or being under the influence of alcohol. Having alcoholic beverages on one’s person, in one’s pocket(s), bag(s), car, and locker, on or in school property or at school-sponsored event(s).
2. Bullying: K.S.A 72-8256: “Bullying” means: Any intentional gesture or any intentional written, verbal, electronic (e.g. social media) or physical act or threat that is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student or staff member that a reasonable person, under the circumstances, knows or should know will have the effect of:
   • Harming a student or staff member, whether physically or mentally;
   • Damaging a student’s or staff member’s property;
   • Placing a student or staff member in reasonable fear of harm to the student or staff member; or
   • Placing a student or staff member in reasonable fear of damage to the student’s or staff member’s property
3. Bus Property Damage: Creating any hazard or damage to the bus.
4. Bus - Creating Unsafe Conditions: Extending hands, heads or objects from the bus.
   • Failure to Remain Seated on the Bus: Failure to remain seated at all times except when entering or leaving the bus.
   • Obscene Language or Gestures on the Bus
   • Tampering with Bus Operating Equipment: Tampering with any of the operating equipment including sitting in the driver’s seat or opening the emergency door.
   • Throwing Objects from or within the Bus
   • Verbal Abuse towards the Bus Driver: The use of language or action which includes the use of profane, vulgar, or insulting remarks, gestures, or a statement that is intended to berate the bus driver.
5. Destructive Device: possession or handling of an item that looks like or could be considered a weapon (i.e.kitchen, camping, household tools or toy look alike). Possession of a Destructive Device: use or handling of a destructive device on school property or school sponsored event. Use of Destructive Device: Attempted use or use of a destructive device, an instrument or object designed to inflict harm on other persons.
6. Drug Possession/Dispersal/Use/Solicitation/Sale:
   • Drug Paraphernalia: Possession, use or possession with the intent to sell, give or deliver, or distribute any alcoholic substances, tobacco or tobacco products; inhalants or other intoxicants (e.g. vaporizer or e-cigarette); controlled dangerous substances including prescription drugs, over-the counter medicines, look-alike drugs, substances represented as controlled dangerous substances; or drug paraphernalia. Having equipment (e.g. bong) used in consuming illegal drugs in one’s pocket(s), bag(s), car, locker, on school property or at school-sponsored event(s).
   • Illicit (Illegal) Drug Possession: The possession, or use (smoking, snorting, injecting, ingesting) or intent to sell an illegal drug(s), such as marijuana or another cannabinoid, or over the counter medication in violation of school policy in one’s pocket(s), bag(s), car, locker, etc., on school property or at school sponsored event(s).
7. Extortion: The process of obtaining property from another, with or without that person’s consent, by a wrongful use of force, fear, or threat.
8. Fighting: The willful engagement of two or more students in physical combat; this includes while on the school bus.
9. Gang Related Activity: The presence of gangs and gang-related activities, which threaten the safety, or well-being of persons or property on school grounds or at school activities are prohibited. Note: The following is the Board of Education Policy (JHCAAA): Disciplinary action can be taken against any student wearing, carrying, or displaying gang paraphernalia, or exhibiting behavior or gestures, which symbolize gang membership or causing and/or participating in gang related activities.
10. Graffiti-Individual/School Property: Deface any portion of the interior or exterior of school property or personal property, including the furnishings and equipment housed within or upon the school property.
11. Harassment: Harassment is a type of discriminatory conduct directed at an individual because of his or her race, color, ethnicity, national origin, sex/gender, religion, disability or other classification protected by law. Harassment covers a wide range of behaviors of an offensive nature that are sufficiently severe or persistent to interfere with or limit the ability of a student to participate in or benefit from the services, activities or programs of the school or that otherwise create a hostile academic environment. Harassment can include physical contact and verbal or written communications. Note: Please see Board of Education Policies (JGEC Sexual Harassment and JGECA Racial and Disability Harassment)
12. Inciting to Fight: The intentional promotion and/or recording by electronic device by a student to engage another student in a physical conflict, continuous harassment, disruption, or to engage and/or promote other students to engage in a physical conflict or disruption for any purpose or behavior which interferes with the learning of others in a classroom or other learning environment.
13. Intimidation/Threatening of Staff or Student: Physical, verbal, written or electronic action which immediately creates fear of harm, without displaying a weapon and without subjecting the person to actual physical attack, or the doing of any act which creates a well-founded fear within the student or school employee.
14. Leaving School without Permission: The leaving of school grounds during the designated school day without first obtaining permission of the principal or principal’s designated representative. (Parents, for just cause, must give permission for their child to leave school grounds.)
15. Setting Off Falsely or Misuse of Disaster Alarm or Equipment: The intentional activation of false fire alarm or like warning devices(AED)., misuse of 911, discharging a fire extinguisher (Moved from Class IV).
16. Sexual Harrassment (Title IX) The board of education is committed to providing a positive and productive learning and working environment, free from discrimination on the basis of sex/gender, including sexual harassment. Harassment based on gender identity or gender expression is expressly prohibited as outlined in this policy.Sexual harassment is unwelcome sexual advances, requests for sexual favors and other inappropriate oral, written or physical conduct of a sexual nature when made by a member of the school staff to a student or when made by any student to another student when: (1) submission to such conduct is made, explicitly or implicitly, a term or condition of the individual’s education; (2) submission to or rejection of such conduct by an individual is used as the basis for academic decisions affecting that individual; or (3) such conduct has the purpose or effect of interfering with an individual’s academic or professional performance or creating an intimidating, hostile or offensive academic environment. Sexual harassment may result from verbal or physical conduct or written or graphic material. Sexual harassment may include, but is not limited to: verbal harassment or abuse; pressure for sexual activity; repeated remarks to a person, with sexual or demeaning implication; unwelcome touching; or suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning a student’s grades, participation in extra-curricular activities, etc.(Policy JGEC) Please Note: In cases involving Title IX investigations or where a Manifestation Determination Review is needed for a student with an IEP, the sanction may be imposed after the provided timeline due to Title IX and IEP regulations."
17. Sexual Misconduct: Actual or simulated conduct including but not limited to, fondling, touching, indecent exposure, or the engagement in any sexual act on school property, during school functions, or at school sponsored activities.
18. Stalking: Engaging in a course of conduct targeted at a specific person which would cause the targeted person to fear for their safety, or the safety of a member of the person’s immediate family.
19. Tobacco Solicitation/Sale: Selling or purchasing tobacco products, including but not limited to cigarettes, chewing tobacco in or upon school premises.
20. Trespassing: Unauthorized presence on school property after being warned to leave or not to appear on the property including, but not limited to, while on suspension or after school hours.
21. Use of Fireworks or Explosives, Sale, Distribution: This includes but not limited to firecrackers, smoke bombs, flares.
22. Vandalism-School Property: The willful or malicious destruction of any school district property. Vandalism includes the destruction of any portion of the interior or exterior of school property, including the furnishings and equipment housed within or upon the school property.
23. Vandalism-Personal: Willful destruction or defacement of an individual’s property or property belonging to a group other than the school district. The following responses should be implemented through a progressive disciplinary approach following a thorough investigation. Parent/Guardian contact is mandatory.

Class III Resolutions

Class III offenses are behaviors that seriously jeopardize school order and security, including extracurricular activities and while on any district property.

These behaviors shall be treated seriously by school officials. Accordingly, the responses in Class III may include, but are not limited to, short-term and/or long-term suspension. Upon investigation, a first or second incident that is more serious in nature may result in an assignment of subsequent incident resolution.

Class III offenses are behaviors that require a reentry plan be created before the student returns from long term suspension or expulsion so that strategies can be implemented immediately upon the student’s return to school. This can include mediation or additional strategies to restore relationships.

PreK - 1

First Incident

• De-escalation
• Conflict Resolution
• Safe Space
• Parent/Guardian Conference within 48 hours
• Counseling Support
• Referral to SIT team

Subsequent Incident

• De-Escalation/Conflict Resolution/Safe Space
• Parent/Guardian Conference within 48 hours
• Individual or Small Group Counseling
• Referral to SIT team
• Support from Director of Early Childhood for Additional Interventions as Needed

Grades 2 – 5

First Incident

• Conference with Student and Parent/Guardian, Teacher, and Administrator
• Individual Counseling Support
• Referral to SIT team
• Partial Day ISS
• Loss of privilege

Second Incident

• Conference with Student and Parent/Guardian, Teacher, and Administrator
• Individual or Small Group Counseling
• Referral to SIT team
• Restriction of School-Sponsored Events
• Detention or Other Extended Day School Options
• Partial Day ISS

Subsequent Incidents

• Conference with Student and Parent/Guardian, Teacher, and Administrator
• Individual or Small Group Counseling
• Referral to SIT team
• Restriction of School-Sponsored Events
• Detention or Other Extended Day School Options
• ISS
• OSS (Days depending on severity)

Grades 6 – 8

First Incident

• Conference with Student and Parent/Guardian , Teacher, and Administrator
• Individual Counseling Support
• Referral to SIT team
• Restriction of School-Sponsored Events
• Detention or Other Extended Day School Options

Second Incident

• Conference with Student and Parent/Guardian, Teacher, and Administrator
• Individual or Small Group Counseling
• Referral to SIT team
• Restriction of School-Sponsored Events
• Detention or Other ExtendedDay School Options
• Restorative Justice Room

Subsequent Incidents

• In School Conference with Student and Parent/Guardian, Teacher, and Administrator
• Individual or Small Group Counseling
• Referral to SIT team
• Restriction of School-Sponsored Events
• Detention or Other Extended Day School Options
• OSS (Days depending on severity)
• OSS Long term suspension (10+ days)

Grades 9 – 12

First Incident

• Conference with Student and Parent/Guardian, Teacher, and Administrator
• Individual Counseling Support
• Referral to SIT team
• Restriction of School-Sponsored Events
• Detention or Other Extended Day School Options

Second Incident

• Conference with Student and Parent/Guardian, Teacher, and Administrator
• Individual or Small Group Counseling
• Restorative Support
• Referral to SIT team
• Restriction of School-Sponsored Events
• Detention or Other Extended Day School Options
• ISS

Subsequent Incidents

• In-School Conference with Student and Parent/Guardian, Teacher, and Administrator
• Individual or Small Group Counseling
• Restorative Support
• Referral to SIT team
• Restriction of School-Sponsored Events
• Detention or Other Extended Day School Options
• OSS (Days depending on severity)
• OSS Long term suspension (10+ days)

Class IV offenses are behaviors considered criminal acts that seriously jeopardize school order and security. The establishment of interventions is not required when the offense falls under Class IV.

Class IV Definitions and Explanations

1. Arson/Fire: To unlawfully and intentionally damage or attempt to damage any school or personal property by fire or incendiary device. Firecrackers, fireworks, and trash can fire would be included in this category if they were contributing factors to a damaging fire.
2. Detonation of Incendiary or Explosive Device: The intentional damaging of a building, injury to persons, or the disruption caused either in the building or on school grounds, by the use of any combustible or explosive substances or devices.
3. False Reports/Bomb or School Threats: Any threat (verbal, written, or electronic) by a person to bomb or use substances or devices for the purpose of exploding, burning, causing damage to a school building or school property, or to harm students or staff. The conveyance of threats or false information concerning the placement of explosive or destructive substances, initiating a report, warning of a fire, or other catastrophe without cause.
4. Firearm/Weapon:
   • Possession of a Firearm: A student shall not possess, handle or transmit any object that can reasonably be considered a firearm on the school grounds or off the school grounds at a school activity, function or event. See Weapons-Free Schools Act Statute KS72-89A01 District Policy JCDBB
   • Possession of a Weapon: use or handling of a weapon on school property or school sponsored event.
   • Use of Weapon: Attempted use or use of weapon or an instrument or object designed to inflict harm on other persons. See Weapon-Free Schools Act Statute KS72-89A01 District Policy JCDB
5. Kidnapping: Unlawful seizure, transportation, and/or detention of another against his/her will, or without parental consent; includes hostage taking.
6. Murder/Homicide: Activities or events that result in the death of human being.
7. Physical Abuse towards the Bus Driver: Intentionally causing bodily harm to a bus driver on school property or school sponsored event.
8. Physical Assault/Battery: Intentionally and knowingly committing an unprovoked physical attack on another student. Minor physical contact, such as pushing or shoving, does not constitute assault
9. Robbery: The taking of or attempting to take anything of value that is owned by another organization and/ or individual, under confrontational circumstances, by force, or threat of force or violence and/or by putting the victim in fear.
10. Setting Off Falsely or Misuse of Disaster Alarm or Equipment: The intentional activation of fire alarmsor like warning devices.
11. Sexual Assault: Engagement in sexual activity or behavior. Forced sexual contact or contact with a person.
12. Solicitation/Sale of Weapon: Sale or purchase of an instrument or object designed to inflict harm on other persons.
13. Use of Fireworks or Explosives, Sale, Distribution: This includes but not limited to firecrackers, smoke bombs, flares.

Class IV Resolutions

Class IV offenses are behaviors that seriously jeopardize school order and security and are considered criminal acts, including extracurricular activities and while on any district property.

Class III or IV offenses, are behaviors that will require a reentry plan be created before the student returns from long term suspension or expulsion so that strategies can be implemented immediately upon the student’s return to school. This can include mediation or additional strategies to restore the relationships.

PreK

The following responses are required:

All Incidents

• Consult w/Student Services & Early Childhood
• Referred for Hearing

1. Parent Contact
   • Multiple Attempts to Systems Contacts throughout the day/s
2. 5-10 day suspension/removal from setting pending investigation/re-entry plan
3. Investigation
   • With all impacted parties
   • Brief records review of IEP, ESL status, SIT process/status, Discipline Referrals, Title IX etc.
   • Possible Manifestation
4. Police Report
5. DCF Report
   • Expulsion if appropriate
   • Re-Entry plan following an Expulsion or following the 10 day ISS/OSS.
   • Development of SIT Plan for academic/behavior concerns

Grades K-5

The following responses are required:

All Incidents

• Referred for Hearing

1. Parent Contact
   • Multiple Attempts to Systems Contacts throughout the day/s
2. 10-day ISS/OSS suspension
3. Investigation
   • With all impacted parties
   • Brief records review of IEP, ESL status, SIT process/status, Discipline Referrals, Title IX, etc.
   • Possible Manifestation
4. Police Report
5. DCF Report
   • Based upon hearing result, expulsion if appropriate
   • Re-Entry plan following an Expulsion or following the 10 day ISS/OSS.
   • Development of SIT Plan for academic/behavior concerns

Grades 6-12

The following responses are required:

All Incidents

• Referred for Hearing

1. Parent Contact
   • Multiple Attempts to Systems Contacts throughout the day/s
2. 10-day ISS/OSS suspension
3. Investigation
   • With all impacted parties
   • Brief records review of IEP, ESL status, SIT process/status, Discipline Referrals, Title IX, etc.
   • Possible Manifestation
4. Police Report
5. DCF Report
   • Based upon hearing result, expulsion if appropriate
   • Re-Entry plan following an Expulsion or following the 10 day ISS/OSS.
   • Development of SIT Plan for academic/behavior concerns

Search and Seizure on School Premises

Purpose and Objective

To maintain order and discipline in the schools, school officials are empowered to conduct searches of student and school property. Accordingly, students who bring contraband on to school property or to school-related activities may be searched in order to secure the school environment so learning can take place, and to protect students, staff and visitors from any potentially harmful effects stemming from the contraband. The Administration may utilize reasonable suspicion searches, metal detectors and canines as necessary to carry out and further the objectives of this policy. A student’s failure to submit to searches and seizures as provided in this policy will be considered grounds for disciplinary action up to and including expulsion.

Definitions

Alternative School Program (ASP): A student may only be placed in the ASP Program if a long-term suspension has been proposed and a formal disciplinary hearing has taken place. Placement in ASP is the decision of the designated hearing officer as an alternative to a long-term out-of-school suspension. A student assigned to ASP will be for a period not to exceed 25 school days for a minimum of 12 hours per week. A student cannot be proposed for a long-term suspension without another formal hearing. The parent and student must agree to the terms of the ASP contract.

At the end of the 25 school days, school administrators will convene a transition meeting with the student, parent, ASP teacher, counselor, and other student support staff, in order to re-teach behavior expectations, identify resources, and establish a re-entry plan for a successful transition to school.

Bullying: K.S.A 72-8256: “Bullying” means: Any intentional gesture or any intentional written, verbal, electronic (e.g. social media) or physical act or threat that is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for a student or staff member. Further definition on page 17.

Detention: A period of temporary custody during regularly scheduled recess or beyond the length of the regular school day. Prior to the commencement of any detention, parental notification will be provided. Transportation from school after the period of detention is the sole responsibility of the student and his/her parent or guardian.

Dress Code: Policy JCDB Dress Code JCDB The responsibility for the dress and grooming of a student rests primarily with the student and the student’s parents or guardians and appropriate dress and grooming contribute to a productive learning environment. Students are expected to give proper attention to personal cleanliness and wear clothes that are suitable for the school activities in which they participate and are not substantially or materially disruptive to the learning environment. School-directed changes to a student’s attire or grooming should be the least restrictive and disruptive to the student’s school day. Any school dress code enforcement actions should minimize the potential loss of educational time. Administration and enforcement of the dress code shall be gender neutral and consistent. Minimum Safe Attire Student attire and grooming must permit the student to participate in learning without posing a risk to the health or safety of any student or school district personnel.

• Students must wear clothing including both a shirt with pants or skirt, or the equivalent (for example dresses, leggings or shorts) and shoes.
• When the body is standing straight, clothing must cover the chest, back, torso, stomach, and lower extremities from armpit to armpit and mid -thigh. Tops must have a strap and at no time may any part of a student’s buttocks be exposed.
• Clothing must cover all undergarments. No underwear or undergarments may be visible at any time. Clothing may not be see through.
• Clothing must be suitable for all scheduled classroom activities including physical education, science labs, shop classes, field trips and other activities where unique hazards or specialized attire or safety gear is required. Bare feet are not permitted at any time.
• Student apparel and grooming must also meet requirements of any courses which are part of the approved curriculum in which they are enrolled.

Attire and/ or grooming depicting or advocating violence, weapons, illegal activity, gang-related activity (including clothes, accessories, or colors identified by KCKPS as gang- affiliated), use of tobacco, alcohol or drugs, obscenity, pornography, foul language, hate speech, or clothing that could be considered dangerous or that could be used as a weapon are prohibited.

Dress Code Enforcement

No list of dress and appearance guidelines for students can be written that will anticipate all potential dress and grooming extremes. In the case of questionable dress or grooming that is not specifically covered in the list above, the administration will make the final decision. Appropriate action will be taken at that time, and when necessary, contact will be made seeking parental cooperation and assistance. The administration retains the sole discretion to make the final determination whether clothing, jewelry, accessories and/or appearance meet acceptable standards. The wearing of objects with cultural or religious significance, including tribal regalia, are permitted unless otherwise prohibited by policy or rule. When a dress code violation occurs, the student will be required to change into proper attire. Continued violations of the dress code will be considered defiance and will be referred to administration for disciplinary action. Neatness, decency, and good taste are guidelines of the district dress code. Students must dress in a manner that is not obscene; offensive; or that otherwise violates any policy or rule . Apparel that is sexually suggestive; promotes violence, illegal activities, drugs, alcohol, and/or tobacco; or is determined to be gang related is prohibited. This policy applies to all school buildings and all school sponsored activities or events. The Board may approve school uniforms for a particular school building or program.

Dress codes shall be published in the appropriate student handbooks.

Expulsion: A short-term suspension, which has been timely, followed with an official proposal to extend the period of exclusion to a term not exceeding 186 school days. Such action may result in loss of credit of not less than 1 and no more than 2 semesters. Mandatory parental notification.

In-School Suspension (ISS): The interruption of classroom attendance and regular school participation by a decision of a hearing officer as a result of a long-term hearing. A period is not to exceed a maximum of 10 days. A designated, supervised, academically conducive but not restrictive atmosphere will be substituted. Parent notification will be provided.

Long-Term Suspension: A short-term suspension, which has been timely, followed with an official proposal to extend the period of exclusion from school to a period not to exceed 90 school days. The suspension period will not exceed a grading period. Such action may result in loss of credit for the affected semester. Mandatory parental notification.

Short-Term Suspension: The interruption of school attendance by official directive from the building administrator or the designated representative, for a period not to exceed ten (10) days. Mandatory parental notification.

Grounds for Out-of-School Suspension

(short-term suspension, long-term suspension, and/or expulsion)

A student may be assigned an out-of-school suspension if:

• Out-of-school suspension is listed as an available response under the code of conduct classification, and
• The school administrator determines the student’s attendance in school presents a substantial risk to the safety of students and/or staff and invades the rights of other students to a safe and secure learning environment, and
• The student and parent were informed of his/her misconduct, provided an opportunity to respond, and reasonable efforts were made to contact the parents/guardians, and
• A signed copy of the notice of suspension was provided to the student’s parents/guardians.

Short-Term Suspension Procedure

A short-term suspension not to exceed ten (10) days may be imposed upon a student after giving the student oral and written notice of the charges against the student and after affording the student an opportunity for a hearing (KSA 72-8902).

Such hearing shall be held immediately after notice is given and may be conducted informally but shall include:

• the right of the student to be present at the hearing,
• the right of the student to be informed of the charges,
• the right of the student to be informed of the basis for the charges, and
• the right of the student to make statements in defense or mitigation of the charges or accusations.

Refusal of the student to be present at the Hearing will constitute a waiver of the student’s opportunity for a hearing.

If the student’s presence endangers other persons or property or disrupts, impedes or interferes with operation of the school, a short-term suspension may be imposed forthwith without a hearing.

Written Notice of Short-Term Suspension

A written notice on Form A (see Policy JDD-2) of any short-term suspension and the reason therefore shall be given to the student involved and mailed to the student’s parents or guardian if the student is under 18 years of age, within 24 hours after such suspension has been imposed. In the event the student has not been afforded a hearing prior to the short-term suspension, an informal hearing shall be provided as soon thereafter as practicable but in no event later than 72 hours after such short-term suspension has been imposed (K.S.A.72-8902c.)

Long-Term Suspension and Expulsion Procedure

No long-term suspension and no expulsion shall be imposed upon a student until opportunity for a formal hearing on such suspension or expulsion shall be afforded to such student.

Written Notice of Long-Term Suspension or Expulsion

A written notice of any proposal to long-term suspend or to expel from school and the charges upon which the same is based shall be given to the student proposed to be suspended or expelled and given or sent to the student’s parents or guardian if the student is under 18 years of age at least two days prior to the hearing. It shall be sufficient if the notice is mailed to the address on file in the school records of the student. In lieu of mailing the written notices, the notices may be personally delivered.

Such notice shall be prepared using Form B (see Policy JDD) and shall state the time, date and place where the student will be afforded an opportunity for a formal hearing. The failure of the student to attend the hearing will result in a waiver of the student’s opportunity for the hearing.

The hearing date shall be no later than 10 days after the student has been given the notice of the proposed long-term suspension or expulsion. Such notice shall be accompanied by a copy of the Kansas Student Suspension and Expulsion Law (K.S.A. 72-8901 – 72-8908) and Board Policy. The place of the formal hearing on a long-term suspension or expulsion shall be at the school, which has proposed that the student be suspended or expelled. A formal hearing shall be conducted by any person or committee of persons authorized by the Board of Education to conduct a hearing. K.S.A. 72-8902(d)

Report of Results of Formal Hearing on Long-Term Suspension or Expulsion

Upon the conclusion of any formal hearing, which results in a long-term suspension or an expulsion, the person or persons appointed to conduct the hearing shall make a written report on Form C (see Policy JDD) of the findings and results of the hearing. Such a report shall be directed to the Board of Education and filed in the office of the Director for Student Services.

The report shall be open to the inspection of the student and if the student is under 18 years of age, to the parents or guardians and counsel or another advisor of the student. If the student is an adult, the report shall be open to the inspection of the parents or guardians and counsel or other advisor of the student only upon written consent of the student. K.S.A. 72-8903(c).

Information shall be provided to the student and parent/guardian concerning services or programs offered by public and private agencies that work toward improving the attitudes and behavior that contributed to the conduct upon which the suspension or expulsion is based.

Written notice of the results of any formal hearing resulting in a long-term suspension or expulsion shall be given to the student suspended or expelled and to the student’s parents or guardian, if the student is under 18 years of age, within 24 hours after determination thereof. Such notice shall be prepared using Form D. (see Policy JDD. and K.S.A. 72-8904(a)).

Due Process Requirements for Formal Hearings

The formal hearing provided by the school and any hearing on appeal to the Board of Education or a designated hearing officer shall include the following due process requirements:

• The right of the student to have counsel of the student’s choice.
• The right of the parents or guardian of the student to be present at the hearing.
• The right of the student to hear or read a full report of testimony of witnesses.
• The right of the student and the student’s counsel to confront and cross-examine witnesses who appear in person at the hearing.
• The right of the student to present the student’s own witnesses.
• The right of the student to testify in the student’s own behalf and give reasons for the student’s conduct.
• The right of the student to have an orderly hearing.
• The right of the student to a fair and impartial decision based on substantial evidence. K.S.A. 72-8903.

Appeal of Long-term Suspension or Expulsion

Any student who has been long-term suspended or expelled, or one of the student’s parents or guardians, may appeal such suspension or expulsion to the Board of Education by filing a written notice of appeal with the clerk of the Board of Education within 10 calendar days after receiving the written notice of the results of the hearing as specified in Policy JDD-4.

Any such appeal shall be heard by the Board of Education or by a hearing officer appointed by such board, no later than 20 calendar days after such notice of appeal is filed. The student and the student’s parents or guardians shall be notified in writing of the time and place of the appeal hearing at least 5 days prior thereto. In all long-term suspension or expulsion cases appealed to the Board of Education, there shall be made a record of the appeal hearing ( K.S.A. 72-8904(b)).

The Board of Education shall render its decision on any extended-term suspension or expulsion appeal not later than five (5) days after the conclusion of the appeal hearing (K.S.A. 72-8904(b)).

For the purpose of conducting a hearing on a long-term suspension or expulsion appeal to the Board of Education, the Board may appoint one or more hearing officers. Such hearing officer shall be a member of the Board of Education or a certificated employee of the District.

After hearing an appeal, such hearing officer shall prepare a written report to the Board of Education. After receiving such report, the Board of Education shall determine the outcome of the appeal, with or without additional hearings (K.S.A.72-8904(c)).

Powers and Duties of Persons Conducting Hearings

Any principal, assistant principal, hearing officer or the Board of Education conducting any long-term suspension hearing involving the Code of Student Conduct and the suspension or expulsion of a student from school shall:

• administer oaths for the purpose of taking testimony;
• call and examine witnesses and receive documentary and other evidence; and
• take any other action necessary to make the hearing accord with procedural due process. K.S.A. 72-8906.

The Board of Education is committed to limiting the use of Emergency Safety Interventions (ESI), such as seclusion and restraint, with all students. Seclusion and restraint shall be used only when a student’s conduct necessitates the use of an emergency safety intervention as defined below. The board of education encourages all employees to utilize other behavioral management tools, including prevention techniques, de-escalation techniques, and positive behavioral intervention strategies.

The board of education follows ESI statutes/regulations established by the State of Kansas and Kansas State Department of Education. Board policy and practices shall follow and reflect any changes made in statutes/ regulations governing the use of ESI.

This policy shall be made available on the district website with links to the policy available on any individual school pages. In addition, this policy shall be included in at least one of the following: each school’s code of conduct, school safety plan, or student handbook.

Definitions (See K.A.R. 91-42-1)

“Emergency Safety Intervention” is the use of seclusion or physical restraint but does not include physical escort or the use of time-out.

“Seclusion” means placement of a student in a location where are the following criteria are met: (1) the student is placed in an enclosed area by school personnel; (2) the student is purposefully isolated from adults and peers; and (3) the student is prevented from leaving, or the student reasonably believes that the student will be prevented from leaving, the enclosed area.

“Chemical Restraint” means the use of medication to control a student’s violent physical behavior or restrict a student’s freedom of movement.

“Mechanical Restraint” means any device or object to limit a student’s movement.

Parent means: (1) a natural parent; (2) an adoptive parent; (3) a person acting as a parent as defined in K.S.A. 721046(d)(2), and amendments thereto; (4) a legal guardian; (5) an education advocate for a student with an exceptionality; (6) a foster parent, unless the foster parent’s child is a student with an exceptionality; or (7) a student who has reached the age of majority or is an emancipated minor.

“Physical Restraint” means bodily force used to substantially limit a student’s movement, except that consensual, solicited or unintentional contact and contact to provide comfort, assistance or instruction shall not be deemed to be physical restraint.

“Physical Escort” means the temporary touching or holding the hand, wrist, arm, shoulder, or back of student who is acting out for the purpose of inducing the student to walk to a safe location.

“Time-Out” means a behavioral intervention in which a student is temporarily removed from a learning activity without being secluded.

“Campus police officer” means a school security officer designated by the board of education of any school district pursuant to K.S.A.-8222, and amendments thereto.

“Law enforcement officer” and “police officer” means a full-time or part-time salaried officer or employee of the state, a county or a city, whose duties include the prevention or detection of crime and the law enforcement of criminal or traffic law of this state or any Kansas municipality. This term includes a campus officer.

“Legitimate law enforcement purpose” means a goal within the law authority of an officer that is to be achieved through methods or conduct condoned by the officer’s appointing authority.

“School resource officer” means a law enforcement officer or police officer employed by a local law enforcement agency who is assigned to a district through an agreement between the local law enforcement agency and the district.

“School security officer” means a person who is employed by a board of education of any school district for the purpose of aiding and supplementing state and local law enforcement agencies in which the school district is located, but is not a law enforcement officer or police officer.

Prohibited Types of Restraint

All staff members are prohibited from engaging in the following actions with all students:

• Using face-down (prone) physical restraint;
• Using face-up (supine) physical restraint;
• Any restraint that obstructs the student’s airway;
• Any restraint that impacts a student’s primary mode of communication;
• Using chemical restraints, except as prescribed treatment of a student’s medical or psychiatric condition by a person appropriately licensed to issue such treatments; and
• Use of mechanical restraint, except:
• Protective or stabilizing devices required by law or used in accordance with an order from a person appropriately licensed to issue the order for the device;
• Any device used by law enforcement officers to carry out law enforcement duties; or • Seatbelts and other safety equipment used to secure students during transportation.

Use of Emergency Safety Interventions

ESI shall be used only when a student presents a reasonable and immediate danger of physical harm to such student or others with the present ability to effect such physical harm. When less restrictive alternatives to ESI, such as positive behavior interventions support, shall be deemed inappropriate or ineffective under the circumstances by the school employees witnessing the student’s behavior prior to the use of ESI. The use of ESI shall cease as soon as the immediate danger of physical harm ceases to exist. Violent action that is destructive of property may necessitate the use of an ESI. Use of an ESI for purposes of discipline, punishment or for the convenience of a school employee shall not meet the standard of immediate danger of physical harm.

ESI Restrictions

A student shall not be subjected to ESI if the student is known to have a medical condition that could put the student in mental or physical danger as a result of ESI. The existence of such medical condition must be indicated in a written statement from the student’s licensed health care provider, a copy of which has been provided to the school and placed in the student’s file.

Such written statement shall include an explanation of the student’s diagnosis, a list of any reasons why ESI would put the student in mental or physical danger, and any suggested alternatives to ESI. Notwithstanding the provisions of this subsection, a student may be subjected to ESI, if not subjecting the student to ESI would result in significant physical harm to the student or others.

Use of Seclusion

When a student is placed in seclusion, a school employee shall be able to see and hear the student at all times. All seclusion rooms equipped with a locking door shall be designed to ensure that the lock automatically disengages when the school employee viewing the student walks away from the seclusion room, or in case of emergency, such as fire or severe weather.

A seclusion room shall be a safe place with proportional and similar characteristics as other rooms where students frequent.

Such room shall be free of any condition that could be a danger to the student and shall be well ventilated and sufficiently lighted.

Training

All staff members shall be trained regarding the use of positive behavioral intervention strategies, de-escalation techniques, and prevention techniques. Such training shall be consistent with nationally recognized training programs on the use of emergency safety interventions. The intensity of the training provided will depend upon the employee’s position.

Administrators, licensed staff members, and other staff deemed most likely to need to restrain a student will be provided more intense training than staff who do not work directly with students in the classroom. District and building administration shall make the determination of the intensity of training required by each position.

Each school building shall maintain written and electronic documentation regarding the training that was provided and a list of participants, which shall be made available for inspection by the state board of education upon request.

Notification and Documentation

The principal or designee shall notify the parent, on the same day the emergency safety intervention was used. If the school is unable to contact the parent, the principal or designee shall attempt to contact the parent using at least two methods of contact. The same day notification requirement shall be deemed satisfied if the school attempts at least two methods of contact. A parent may designate a preferred method of contact to receive the same day notification. A parent may agree, in writing, to receive only one same-day notification from the school for multiple incidents occurring on the same day.

Documentation of the ESI used shall be completed and provided to the student’s parents no later than the school day following the day on which the ESI was used. This documentation shall include:

• The events leading up to the incident;
• Student behaviors that necessitated the emergency safety intervention;
• Steps taken to transition the student back into the education setting;
• The date and time of the intervention, the type of intervention, the length of time the intervention was used, and the school personnel who participated in or supervised the intervention, and any other information required by statute or regulation.
• Space or an additional form for parents to provide feedback or comments to the school regarding the incident;
• A statement that invites and strongly encourages parents to schedule a meeting to discuss the incident and how to prevent future use of emergency safety interventions; and
• Email and phone information for the parent to contact the school to schedule the emergency safety intervention meeting.

The parent shall be provided the following information after the first and each subsequent incident in which an ESI is used during each school year: (1) a copy of the standards which indicates when ESI can be used; (2) a flyer on the parent’s rights; (3) information on the parent’s right to file a complaint through the local dispute resolution process (which is set forth in this policy) and, the complaint process of the state board of education; and (4) information that will assist the parent in navigating the complaint process, including contact information for Families Together and the Disability Rights Center of Kansas. Upon the first occurrence of an incident involving the use of emergency safety intervention the foregoing information shall be provided in printed form, or upon the parent’s written request, by email. Upon occurrence of a second or subsequent incident, the parent shall be provided with a full and direct website address containing such information.

Law Enforcement, School Resource and Campus Security Officers

Campus police officers and school resource officers shall be exempt from the requirements of this policy when engaged in an activity that has a legitimate law enforcement purpose. School security officers shall not be exempt from the requirements of this policy.

If a school is aware that a law enforcement officer or school resource officer has used seclusion, physical restraint, or mechanical restraint on a student, the school staff shall notify the parent the same day using the parent’s preferred method of contact. A school shall not be required to provide written documentation to a parent, as set forth above, regarding law enforcement use of an ESI, or report to the state department of education any law enforcement use of an ESI. For purposes of this subsection, mechanical restraint includes, by is not limited to, the use of handcuffs.

Documentation of ESI Incidents

Except as specified above with regard to law enforcement or school resource officer used of emergency safety intervention, each building shall maintain documentation any time ESI is used with a student.

Such documentation must include all of the following:

• Date and time of the intervention
• Type of emergency safety intervention,
• Length of time the intervention was use,
• School personnel who participated in or supervised the ESI.
• Whether the student had an IEP at the time of the incident,
• Whether the student had a Section 504 plan at the time of the incident, and • Whether the student had a behavior intervention plan at the time of the incident.

All such documentation shall be provided to the building principal, who shall be responsible for providing copies of such documentation to the superintendent or the superintendent’s designee on at least a biannual basis. At least once per school year, each building principal or designee shall review the documentation of ESI incidents with appropriate staff members to consider the appropriateness of the use of ESI in those instances.

Reporting Data

District administration shall report ESI data to the state department of education as required.

Parent Right to Meeting on ESI Use

After each incident, a parent may request a meeting with the school to discuss and debrief the incident. A parent may request such meeting verbally, in writing, or by electronic means. A school shall hold a meeting requested under this subsection within ten (10) school days of the parent’s request. The focus of any such meeting shall be to discuss proactive ways to prevent the need for emergency safety interventions and to reduce incidents in the future.

For a student who has an IEP or a Section 504 plan, such student’s IEP team or section 504 plan team shall discuss the incident and consider the need to conduct a functional behavioral analysis, develop a behavior intervention plan or amend either if already in existence. For a student with a section 504 plan, such student’s section 504 plan team shall discuss and consider the need for an evaluation under the special education for exceptional children act, K.S.A. 72-961 et seq., and amendments thereto. For students who have an IEP program and are placed in a private school by a parent, a meeting called shall include the parent and the private school, who shall consider whether the parent should request an IEP team meeting. If the parent requests an IEP team meeting, the private school shall help facilitate such meeting.

For the student who does not have an individual education program (IEP) or section 504 plan, the parent and school shall discuss the incident and consider the appropriateness of a referral for an evaluation under the special education for exceptional children act, K.S.A. 72961 et. seq., and amendments thereto, the need for a functional behavioral analysis or the need for a behavior intervention plan. Any meeting called shall include the student’s parents, a school administrator for the school where the student attends, one of the student’s teachers, a school employee involved in the incident and such other school employees designated by the school administrator as appropriate for such meeting.

The parent shall determine whether the student shall be invited to any meeting called. The time for calling such a meeting may be extended beyond the 10 school day limit if the parent of the student is unable to attend within that time period. Nothing in this section shall be construed to prohibit the development and implementation of a functional behavior assessment or a behavior intervention plan for any student if such student would benefit from such resources.

Local Dispute Resolution Process

If a parent believes that an emergency safety intervention has been used on the parent’s child in violation of state law or board policy, the parent may file a complaint as specified below.

The Board of Education encourages parents to attempt to resolve issues relating to the use of ESI informally with the building principal and/or superintendent before filing a formal complaint with the Board. Once an informal complaint is received, the administrator handling such complaint shall investigate such matter, as deemed appropriate by the administrator. In the event that the complaint is resolved informally, the administrator must provide a written report of the informal resolution to the superintendent and the parents and retain a copy of the report at the school. The superintendent will share the informal resolution with the board of education and provide a copy to the state department of education.

If the issues are not resolved informally with the building principal and/or superintendent, the parents may submit a formal written complaint to the Board of Education by providing a copy of the complaint with the clerk of the board and the superintendent within 30 days of the date on which the parent was informed of the use of the emergency safety intervention.

Upon receipt of a formal written complaint, the board president shall assign an investigator to review the complaint and report findings to the board as a whole. Such investigator may be a board member, a school administrator selected by the board, or a board attorney. Such investigator shall be informed of the obligation to maintain confidentiality of student records and shall report the findings and recommendation action to the board in executive session

Any such investigation must be completed within thirty (30) days of receipt of the formal written complaint by the board clerk and superintendent. On or before the 30th day after receipt of the written complaint, the board shall adopt written findings of fact and, if necessary, appropriate corrective action. A copy of the written findings of fact and any corrective action adopted by the board shall only be provided to the parents, the school and the state department of education and shall be mailed to the parents and the state department within thirty (30) days of the board’s receipt of the formal complaint.

If desired, a parent may file a complaint under the state board of education administrative review process within thirty (30) days from the date a final decision is issued pursuant to the local dispute resolution process.

Kansas City, Kansas Public Schools operates under the Title I federal guidelines for all programs administered by the Department of Elementary and Secondary Education under the Elementary and Secondary Education Act (ESEA) of 1965 as amended by the Every Student Succeeds Act (ESSA) of 2015 (Public Law 114-95).

This act requires states to adopt written procedures for the receipt and resolution of complaints alleging violations of law in the administration of the federal programs (Title I.A, Title I.C, Title I.D, Title II.A, Title III, Title IV.A, Title V.B).

A complaint is a formal allegation that a specific federal or state law or regulation has been violated, misapplied, or misinterpreted by school district personnel or by Department of Education personnel.

Any parent or guardian, surrogate parent, teacher, administrator, school board member, or other person directly involved with an activity, program, or project operated under the general supervision of the Department of Elementary and Secondary Education may file a complaint.

The complaint will be addressed and resolved in accordance with the complaint procedures (District Board Policy KN) using the procedure below:

1. Please speak with your child’s teacher. Have a conversation with the teacher regarding the issue and/or concern.
2. Please speak with your child’s school counselor for additional support.
3. Please speak with the school principal or assistant principal if the issue has not been resolved and/or continues.
4. Contact the Federal Programs Central Office Administrator if there has not been satisfactory resolution with the Building Administrator.
5. Contact the Superintendent’s Office if the matter was not satisfactorily resolved.
6. Contact the Board of Education if you continue to have concerns.
7. Contact the Kansas State Board of Education to appeal the final decision from the school Board of Education.

If there is not evidence that the parties have attempted in good faith to resolve the complaint at the local level, the Kansas State Department of Education may require the parties to do so and may provide technical assistance to facilitate such resolution.

Any persons directly affected by the actions of the Kansas State Department of Education may file a similarly written complaint if they believe state or federal laws or regulations have been violated, misapplied, or misinterpreted by the Department itself.

Policy Statement

The Kansas City, Kansas School District does not discriminate, and is required by law not to discriminate, on the basis of race, color, religion, sex/gender (to include orientation, identity or expression), national origin, age, handicap, or disability, or any other basis prohibited by law in admission, access to, or treatment of its programs and activities. Pursuant to applicable law, disabled individuals shall have equivalent enjoyment of the programs, services, facilities, privileges, advantages, or accommodation of any facility owned, leased, or operated by the district.

Pursuant to Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, Title VI of Civil Rights Act of (1964, 2000), and the Boy Scouts of America Equal Access Act of 2001, the Kansas City, Kansas School District does not discriminate on the basis of sex in any education program or activity, including programs, services, facilities, privileges, advantages or accommodations in facilities.

Programs, Activities and Employment: The Kansas City, Kansas School District does not discriminate on the basis of race, color, religion, sex/gender (to include orientation, identity or expression), national origin, age, handicap, or disability, or any other basis prohibited by law in the administration of any employment initiative, including hiring, firing, termination, disciplinary procedures, or other related programs and activities.

Reporting

Inquiries regarding Title VI (1964,2000), Age Discrimination Act (1975), Boy Scouts of America Equal Access Act (2001) or reports of specific complaints, or alleged discrimination should be referred to:

Lisa Walker
2010 N. 59th Street
Kansas City, Kansas 66104
Email: lisa.walker@kckps.org
Telephone number: (913) 551-3200
TTY: 913-627-5667

or

Office of Civil Rights
U. S. Department of Education
One Petticoat Lane
1010 Walnut Street, Suite 320
Kansas City, Missouri 64106
Telephone number (816) 268-0550
TTY: 877-521-2172

Title IX Related Concerns: Inquiries regarding Title IX (1972) complaints, or alleged harassment or discrimination should be referred to:

Lisa Walker
2010 N. 59th Street
Kansas City, Kansas 66104
Email: lisa.walker@kckps.org
Telephone number: (913) 551-3200
TTY: 913-627-5667

Disability Related Concerns: Complaints regarding disabilities and issues under Section 504 and/or the Americans with Disabilities Act and those relating to the provisions of special education services, should be referred to:

Dr. Jakyta M. Lawrie
2010 N. 59th Street
Kansas City, Kansas 66104
Email: kelli.charles@kckps.org
Telephone number (913) 551-3200 TTY: 913-627-5667

No Retaliation: Regardless of the means selected for resolving the complaint, the initiation of a complaint of alleged discrimination or misconduct will not cause any negative reflection on the complainant, nor will it affect his/her access to the programs, activities, services, facilities, privileges, advantages or accommodations in facilities provided by the Kansas City, Kansas School District.

Revised March 10, 2020