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Policy Categories Archives: Section J: Students

Section J contains policies on students in regards to admissions, attendance, rights and responsibilities, conduct, discipline, health and welfare, and school-related activities.

Sexual Harassment And Sexual Violence-Students

ASD File: JBAA
AUBURN SCHOOL DISTRICT
SEXUAL HARASSMENT AND SEXUAL VIOLENCE-STUDENTS
SEXUAL DISCRIMINATION, HARASSMENT AND VIOLENCE

I. PURPOSE
The purpose of this policy is to maintain a learning environment that is free from sexual discrimination, harassment and violence, or other improper or inappropriate behavior that may constitute harassment as defined below.

Sexual discrimination, harassment, and violence are against the law and school board policy. Any form of sexual discrimination, harassment or violence is strictly prohibited.

It is a violation of this policy for any student to harass another student, employee or person within the District through conduct or communication of a sexual nature as defined by this policy. It is a violation of this policy for any student to be sexually violent toward another student, employee, or person within the District.

The District will investigate all formal complaints of sexual harassment, discrimination, or sexual violence in accordance with the grievance procedures in this policy, and will discipline any student who sexually discriminates, harasses or is sexually violent toward another person within the District. For all complaints the District will offer supportive measures to both complainants and respondents

II. TITLE IX COORDINATOR
The District’s Title IX Coordinator is: The District’s Title IX Coordinator is: Assistant Superintendent, 90 Farmer Rd., Hooksett, NH 03106, mpolak@sau15.net, 603-322-3731 x12.

The Title IX Coordinator is responsible for coordinating the District’s efforts to comply with Title IX, including coordinating the effective implementation of supportive measures and effective implementation of remedies.

The Title IX Coordinator’s responsibilities include establishing a process to notify applicants for employment and admission, students, parents or legal guardians,

employees, and all unions of the Title IX Coordinator’s name or title, office address, e-mail address and telephone number.
The District shall post the Title IX Coordinator’s title or name, office address, e-mail address and telephone number in conspicuous places throughout school buildings, on the District’s website, and in each handbook.

III. SEXUAL DISCRIMINATION, HARASSMENT/SEXUAL VIOLENCE DEFINED
Sexual discrimination is discrimination based on sex in the District’s education programs or activities and extends to employment and admissions.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature that satisfies one or more of the following:
1. An employee of the District conditions the provision of an aid benefit, or service on
an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or
3. Sexual assault as defined in 20 U.S.C. §1092(f)(6)(A(v) dating violence as defined in 34 U.S.C. §12291(a)(10), domestic violence as defined in 34 U.S.C. §12291(a)(8) or stalking as defined in 34 U.S.C. §12291(a)(30).
Sexual harassment may include, but is not limited to:
1. Verbal harassment and/or abuse of a sexual nature;
2. Subtle pressure for sexual activity;
3. Inappropriate patting, pinching or other touching;
4. Intentional brushing against a person’s body;
5. Demanding sexual favors accompanied by implied or overt threats;
6. Demanding sexual favors accompanied by implied or overt promises of preferential treatment;
7. Any sexually motivated unwelcome touching; or
8. Sexual violence that is a physical act of aggression that includes a sexual act or sexual purpose.

Throughout this policy reference to sexual harassment includes sexual discrimination and violence.

IV. REPORTING PROCEDURES
Any student who believes he or she has been the victim of sexual harassment should report the alleged act(s) immediately to a school district employee. That employee shall then report the allegation immediately to an appropriate District official, as designated by this policy. The District encourages the reporting student to use the report form available from the Principal of each building or available from the Superintendent’s office.
1. In each building, the Principal is the person responsible for receiving oral or written reports of sexual harassment. Upon receipt of a report, the Principal must notify the Title IX Coordinator immediately without screening or investigating the report. If the report was given verbally, the Principal shall reduce it to written form within twenty-four (24) hours and forward it to the Title IX Coordinator. Failure to forward any sexual harassment report or complaint as provided herein will result in disciplinary action. If the complaint involves the building Principal or designee the complaint shall be filed directly with the Title IX Coordinator.
2. The designated person to receive any report or complaint of sexual harassment and sexual violence is the Title IX Coordinator. If the complaint involves the Title IX Coordinator, the complaint shall be filed directly with the Superintendent.
3. Any person may also report sexual harassment in person, by mail, telephone or e-mail to the Title IX Coordinator at any time including non-business hours.
4. Submission of a complaint or report of sexual harassment will not affect the student’s standing in school, grades, assignments, or right to attend school and receive and education. The use of formal reporting forms provided by the District is voluntary. Certain students, especially younger children, may not be able to submit a written
complaint. In such cases, the District will make available alternate methods of filing complaints.

V. DISTRICT’S RESPONSE TO ALL COMPLAINTS OF SEXUAL HARASSMENT
The District will respond promptly and in a manner that is reasonable in light of the known circumstances when it has actual knowledge of sexual harassment in its education programs or activities. Actual knowledge means notice to any employee of the District. Education programs or activities are locations, events, or circumstances over which the District exercised substantial control over both the alleged perpetrator of sexual harassment (the respondent) and the context in which the sexual harassment occurs.

The District will treat complainants and respondents equitably by offering supportive measures and following the grievance process before the imposition of any disciplinary sanctions or other non-supportive measures against the respondent. The District may place an employee on administrative leave during the pendency of the grievance process.

The District may remove a respondent from its education programs or activities on an emergency basis based upon an individualized safety and risk analysis that determines that the respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment. The District shall provide the respondent with notice and an opportunity to challenge the decision immediately upon removal.

When the complainant and/or respondent are minor students, notices shall be provided to the student’s parent or legal guardian.

The Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

These provisions do not modify rights under the IDEA, Section 504, or the ADA.

The District’s response shall not restrict rights protected by the United States Constitution including the First, Fifth, and Fourteenth Amendments.

VI. SUPPORTIVE MEASURES
Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed which are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, shadowing, mutual restrictions on contact between parties, changes in work or school locations, leaves of absence, increased security and monitoring of certain areas of the school, and other similar measures.

The District will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures.

VII. FORMAL COMPLAINTS
A formal complaint is a document filed by a person who is alleged to be the victim of conduct that could constitute sexual harassment (the complainant) or signed by the Title IX Coordinator and requesting that the District investigate the allegation of sexual harassment. The formal complaint may be filed with the Title IX Coordinator in person, by mail, or e-mail and must contain the complainant’s physical or digital signature or otherwise indicate that the complainant is the person filing the formal complaint.

Parents or legal guardians may file complaints on behalf of their children.

The complainant’s wishes with respect to investigating a complaint should be respected unless the Title IX Coordinator determines that the Title IX Coordinator’s signing a formal complaint over the complainant’s wishes is not clearly unreasonable in light of the known circumstances.

The Title IX Coordinator may in his/her discretion consolidate formal complaints where the allegations arise out of the same facts.

In response to a formal complaint, the District will follow the grievance procedures in this policy.

VIII. GRIEVANCE PROCEDURE FOR FORMAL COMPLAINTS
A. Notice of Allegations
The Title IX Coordinator upon receipt of a formal complaint shall provide written notice to the complainant and respondent of the following:
1. The allegations including the date and location of the alleged incident, if known;
2. A statement that the respondent is presumed not responsible for the alleged conduct and a determination of responsibility will be made at the conclusion of the grievance process;
3. The complainant and respondent may have an advisor of their choice who may but is not required to be an attorney and may inspect and review evidence during the investigation;
4. Provisions in the District’s code of conduct that prohibit knowingly making false statements or knowingly submitting false information;
5. A copy of this Title IX policy.
B. Grievance Procedure Requirements
1. Both the complainant and respondent shall have an equal opportunity to submit and review evidence throughout the investigation;
2. The District will use trained Title IX personnel to objectively evaluate all relevant evidence without prejudgment of the facts at issue and free from conflicts of interest or bias for or against either party.
3. The District will protect the parties’ privacy by requiring a party’s written consent before using the party’s medical, psychological or similar treatment records during a grievance process.
4. The District will obtain the parties’ voluntary written consent before using any kind of informal resolution process, such as mediation or restorative justice, and not use an informal process where an employee allegedly sexually harassed a student.
5. The District will apply a presumption that the respondent is not responsible during the grievance process so that the District bears the burden of proof and the standard of evidence is applied correctly.
6. The District will use the preponderance of the evidence standard for formal complaints against students and employees.
7. The District will ensure the decision-maker for determining responsibility is not the same person as the investigator or the Title IX Coordinator.
8. The District will permit the parties to submit written questions for the other parties and witnesses to answer before determining responsibility.
9. The District will protect all complainants from inappropriately being asked about prior sexual history.
10. The District will not restrict the parties’ ability to discuss the allegations under investigation or to gather and produce relevant evidence.
11. The District will send both parties a written determination regarding responsibility explaining how and why the decision-maker reached conclusions.
12. The District will effectively implement remedies for a complainant if a respondent is found responsible for sexual harassment.
13. The District will offer both parties an equal opportunity to appeal.
14. The District will protect all individuals, including complainants, respondents, and witnesses, from retaliation for reporting sexual harassment, or participating or refusing to participate in any Title IX grievance process.
15. The District will make all materials used to train Title IX personnel publicly available on the District’s website.
16. The District will document and keep records of all sexual harassment complaints, investigations, and training for seven (7) years.

IX. INVESTIGATION
The Title IX Coordinator (or the Superintendent, if the Title IX Coordinator is the subject of the complaint), upon receipt of a formal complaint alleging sexual harassment shall immediately authorize an investigation. This investigation may be conducted by District officials or by a third party designated by the District. The investigating party shall provide a written report of the status of the investigation within ten (10) working days to the Title IX Coordinator. If the Title IX Coordinator is the subject of the complaint, the report shall be submitted to the Superintendent.

In determining whether alleged conduct constitutes sexual harassment, the District should consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes sexual harassment or sexual violence requires a determination based on all the facts and surrounding circumstances.

The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator. Students who are interviewed may have a parent present during the interview.

If during the investigation, the District decides to investigate allegations not in the formal complaint, the Title IX Coordinator shall provide written notice to the parties of the additional allegations.

The District shall provide to a party whose participation is invited or expected written notice of the date, time, location, participants and purposes of all investigative interviews, other meetings, or hearings with sufficient time for the party to prepare to participate.

Prior to the conclusion of the investigation, the investigator shall provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations in the formal complaint including evidence that the investigator does not intend to rely upon. Each party shall have an opportunity to respond to the evidence.

Prior to the completion of the investigation report, the investigator must send to each party and the party’s advisor, if any, either in electronic format or hard copy the evidence subject to inspection and review. The parties shall have at least ten (10) days to submit a written response.

The investigator shall create an investigation report fairly summarizing the relevant evidence. The investigator shall send each party and the party’s advisor, if any, a copy of the investigation report either in electronic format or hard copy. The parties have ten (10) days to review the investigation report and file a written response.

X. DETERMINING RESPONSIBILITY
A decision-maker who is not the Title IX Coordinator or investigator must issue a written determination regarding responsibility based on a preponderance of evidence.
Before reaching a determination, the decision-maker must provide each party the opportunity to submit written, relevant questions of any party or witness provide both parties with the answers, and allow for additional, limited follow-up questions. If the decision-maker determines a question is not relevant, the decision-maker must provide a written explanation to the party proposing the question.

XI. WRITTEN DETERMINATION OF RESPONSIBILITY
The decision-maker’s written determination must include:
1. An identification of the allegations potentially constituting sexual harassment;
2. A description of the procedural steps taken by the District from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence;
3. Findings of fact supporting the determination;
4. Conclusions regarding the application of the District’s code of conduct to the facts;
5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the District imposes on the respondent, and whether remedies designed to restore or preserve equal access to the District’s education program or activity will be provided by the District to the complainant; and
6. The District’s procedures and permissible bases for the complainant and respondent to appeal.

The District must provide the written determination to the parties simultaneously.

The responsibility determination becomes final either on the date that the District provides the parties with the written determination of the result of the appeal, if an appeal is filed; or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

XII. DISMISSAL OF FORMAL COMPLAINT
A. Mandatory Dismissal
If the allegations in the formal complaint are not sexual harassment even if proved; or did not occur in the District’s education program or activity; or did not occur against a person in the United States, the District will dismiss the formal complaint.
B. Permissive Dismissal

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

The District shall promptly send to the parties simultaneously written notice of the dismissal and reasons.

XIII. APPEALS
Within ten (10) days of the receipt of the written determination, the complainant and respondent may appeal to the Superintendent the dismissal of a formal complaint or any allegations; or the determination of responsibility for the following reasons:
1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or
3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

The Superintendent shall notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties.

In the appeal, both parties shall have a reasonable, equal opportunity to submit a written statement in support of, or challenging the outcome. The Superintendent shall issue a written decision describing the result of the appeal, the rationale for the result, and provide the written decision simultaneously to both parties within ten (10) days of receiving all information submitted
by the parties.

XIV. REPRISAL/RETALIATION
No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.

The District will keep confidential the identity of any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the FERPA, or as required by law, or to carry out Title IX, including the conduct of any investigation, hearing of judicial proceeding arising thereunder.

Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination.

The exercise of rights protected under the First Amendment does not constitute retaliation.

XV. ALLEGED CONDUCT NOT PROHIBITED UNDER TITLE IX
Allegations of conduct that are not prohibited by Title IX may be investigated under the District’s other policies and rules of conduct.

XVI. SEXUAL HARASSMENT OR SEXUAL VIOLENCE AS CHILD ABUSE OR SEXUAL ABUSE
Under certain circumstances, sexual harassment or sexual violence may constitute child abuse or sexual abuse under New Hampshire law. In such situations, the District shall comply with said laws including any reporting obligations.

XVII. DISCIPLINE
The School District will take such disciplinary action it deems necessary and appropriate, including warning, suspension or immediate discharge to end sexual harassment and sexual violence and prevent its recurrence.

XVIII. ALTERNATIVE COMPLAINT PROCEDURES, LEGAL REMEDIES, AND INQUIRIES ABOUT TITLE IX
At any times, whether or not an individual files a complaint or report under this policy, an individual may file a complaint with the Office for Civil Rights (“OCR”), of the United States Department of Education, or with the New Hampshire Commission for Human Rights.
1. Office for Civil Rights, U.S. Department of Education, 5 Post Office3 Square, 8th Floor, Boston, MA 02019-3921; Telephone number (617) 289-0111; Fax number (617) 289-0150; E-mail OCR.Boston@ed.gov.
2. New Hampshire Commission for Human Rights, 2 Industrial Park Drive, Concord, NH 03301; Telephone number (603) 271-2767; E-mail humanrights@nh.gov.
Notwithstanding any other remedy, any person may contact the police or pursue a criminal prosecution under state or federal criminal law.

Inquiries about the application of Title IX may be referred to the Title IX Coordinator, the Assistant Secretary of the United States Department of Education, or both.

XIX. AGE-APPROPRIATE SEXUAL HARASSMENT POLICY
Ed 303.01(j) requires the school board to establish a policy on sexual harassment, written in age appropriate language and published and available in written form to all students. This policy is intended to apply to middle-school and high-school aged students.

The Superintendent and Building Principal(s) are charged with establishing policies, rules, protocols and other necessary age-appropriate information or materials for the District’s elementary schools.

XX. RECORD KEEPING
The District must maintain all records relating to a sexual harassment complaint, investigation, and training for seven (7) years.

Legal Reference:
Title IX
NH Code of Administrative Rules, Section Ed. 303.01(j), Substantive Duties of
School Boards; Sexual Harassment Policy
NH Code of Administrative Rules, Section 306.04(a)(8), Student Harassment
NH Code of Administrative Rules, Section 306.04(a)(9), Sexual Harassment

Adopted: January 12, 1985
Adopted: November 14, 2000
Revised: June 8, 2021

Head Lice/Pediculosis

ASD FILE: JLCC
AUBURN SCHOOL DISTRICT
HEAD LICE / PEDICULOSIS

The Auburn School District will carry out the provisions of New Hampshire Statutes RSA 200:32, RSA 200:38, and RSA 200:39.

RSA 200:32 Physical Examination of Pupils.
There shall be a complete physical examination by a licensed physician, physician assistant, or advanced registered nurse practitioner of each child prior to or upon first entry into the public school system and thereafter as often as deemed necessary by the local school authority. The result of the child’s physical examination shall be presented to the local school officials on a form provided by the local school authorities. No physical examination shall be required of a child whose parent or guardian objects thereto in writing on the grounds that such physical examination is contrary to the child’s religious tenets and teachings.

RSA 200:38 Control and Prevention of Communicable Diseases; Duties of School Nurse.
I.Each school nurse shall ensure that:
a.All children shall be immunized prior to school entrance in accordance with RSA 141-C:20-a.
b.All children shall have a complete physical examination prior to school entrance in accordance with RSA 200:32.

II.If the provisions of paragraph I are not met, each school nurse shall be responsible for informing school administrators of the noncompliance and for assisting with meeting such requirements, unless the child is exempt under RSA 141-C:20-c.

RSA 200:39 Exclusion from School.
Whenever any student exhibits symptoms of contagion or is a hazard to himself/herself or others, he/she shall be excluded from the classroom and his/her parents or guardians shall be notified as soon as possible.

Legal References:
RSA 200:32, Physical Examination of Pupils, RSA 200:38, Control and Prevention of Communicable Diseases, Duties of School Nurse, RSA 200:39, Exclusion from School

Adopted: July 11, 1985
Adopted: October 23, 2001
Adopted: May 24, 2005
Revised: January 14, 2020

Education Of Children In Foster Care

ASD File: JFABE
AUBURN SCHOOL DISTRICT
EDUCATION OF CHILDREN IN FOSTER CARE

It is the Board’s intent to remove barriers to the identification, enrollment and retention in school of children who are in foster care. All staff shall take reasonable steps to ensure that children in foster care are not segregated or stigmatized and that educational decisions are made in the best interests of those students.

A. Definition.
Under guidance issued jointly by NHDOE and the N.H. Department of Health and Human Services, and for the purposes of this Policy, “foster care” shall mean “24 hour substitute care for children placed away from their parents or guardians for whom the child welfare agency has placement and care responsibility. This includes children in foster family homes, shelters, relative foster homes, group homes and residential facilities, regardless of whether the foster care facility is licensed or whether payments are made by the state.” To the extent required under applicable law, a child in foster care under this policy also includes children whom an appropriate child welfare agency indicates are awaiting a foster care placement. (Note: children awaiting foster care may also qualify as homeless)

The District shall coordinate with other districts and with local child welfare agencies and other agencies or programs providing services to students in foster care as needed. The coordination requirements apply to both situations (i) when a student who is a resident of the District is placed in foster care in another district, or (ii) when a student residing in another district is placed foster care in a home within this District.

The Superintendent is responsible for providing any required assurances to applicable state and federal agencies that the District is complying with applicable requirements related to ensuring the educational stability of children in Foster care; and for reasonably monitoring compliance with such assurances.

B. District Point of Contact with Child Welfare Agencies.
The Superintendent shall designate a staff member to serve as the District’s point of contact (the “Foster Care POC”) between the New Hampshire Division of Children, Youth and Families (“DCYF”), NHDOE, other districts, and other child welfare agencies. The main duty of the Foster Care POC is to facilitate the prompt and appropriate placement, transfer, and enrollment of students in foster care, pursuant to applicable state and federal statutes, regulations and guidance. Additionally, the Foster Care POC shall work with the Superintendent or designee to monitor regulations and guidance related to this policy that may be issued by applicable state and federal agencies (e.g., DCYF, NHDOE, and the U.S. Department of Education).

The District shall provide training opportunities and other technical assistance to the Foster Care POC and other appropriate district staff regarding the District’s obligations to students in foster care.

C. Best Interest Enrollment Determinations, Disputes and Enrollment.
Generally, a student in foster care will remain in his/her school of origin, unless there is a determination that it is not in the student’s best interest. The Foster Care POC shall assist DCYF or any other child welfare agency to make a “best interest determination” education decision, particularly the determination of whether or not it is in the best interest of the student in foster care to remain in his/her school of origin or to enroll in a new school. Unless local procedures are established in accordance with state and federal law, the District will use the model procedures prepared jointly by the NHDOE and DCYF.

If the determination is that the best interests of a child is not to remain in the school of origin, and instead placed within a new school within this District, the child in foster care shall be immediately enrolled in the new school (“receiving school”), even if any documents or records otherwise required for enrollment are not immediately available.

If there are disputes regarding a determination regarding the best interest determination for a child in foster care, it is expected that DCYF and the separate school districts, both sending and receiving, will work collaboratively at the local level to resolve the issue. Should there be no resolution, RSA 193.12, V-b, requires the Department of Health and Human Services to request in writing that the two Superintendents involved resolve the dispute. If the residency dispute remains unresolved after 10 days after such request, the Department of Health and Human Services shall request that the Commissioner of the Department of Education determine the residence of the child for purposes of school enrollment.

If a school within the District is a receiving school, such receiving school shall accept the student’s certified coursework as if it had been completed at the receiving school. To the extent such coursework is not aligned with the curriculum, the awarded credit may be elective, but it must be counted toward required credits for advancement or graduation.

D. Transportation.
When the District is notified that a student in foster care needs, or may need, transportation to a District school, the Foster Care POC will take steps to establish an individualized plan that addresses transportation to maintain the student in his/her school of origin will be arranged, provided and funded for the duration of time that the student in foster care is attending his/her school of origin.

In establishing such a plan, the Foster Care POC and other district staff shall follow any existing transportation procedures, systems-level plan or agreement that the District, acting in collaboration with DCYF and/or other departments of human services, has adopted or otherwise expressly agreed to implement for the cost-effective transportation of the student. Out of District transportation of children in foster care shall be provided in accordance with DCYF’s or other child welfare agency’s authority to use child welfare funding for school of origin transportation.

If there are disputes regarding the provision or funding of transportation, the school district foster care point of contact and child welfare agency representative will contact their respective Supervisor and Superintendent of the school to resolve the dispute. To the extent feasible and appropriate, the school districts involved should ensure that a child remains in his or her school of origin while the disputes are being resolved to minimize disruptions and reduce school transitions.

Legal References:
-20 U.S.C. 1232g (Family Educational Rights and Privacy Act – “FERPA”)
-20 U.S.C. 1701-1758 (Equal Educational Opportunities Act of 1974 – “EEOA”)
-20 U.S.C. 6311 (g)(1)(E) and 6312(c)(5) (provisions in ESSA regarding obligations to students in foster care)
-42 U.S.C. 671 (a)(10) and 675 (1)(G) (child welfare agency requirements related to supporting normalcy for children in foster care and ensuring educational stability of children in foster care)
-42 U.S.C. §11431 and §11432 (McKinney-Vento Homeless Assistance Act – Education for Homeless Children and Youth)
-Public Law 110-351, The Fostering Connections to Success and Increasing Adoptions Act of 2008
-34 C.F.R. 200.30 (f)(1)(iii) (ESSA’s definition of “foster care”)
-Plyler v. Doe, 457 U.S. 202 (1982)
-RSA 193:12, Legal Residence Required
-“N.H. Guidance on ESSA and Foster Care to Ensure that the Educational Needs of Children and Youth in Foster Care are Being Addressed”, January 2017,NHDOE and NHDHHS

Adopted: January 14, 2020

Suicide And Self-Harm Prevention

ASD JLDBB
AUBURN SCHOOL DISTRICT
SUICIDE and SELF-HARM PREVENTION

Under the direction of the Principal, a suicide and self-harm prevention protocol will be developed and maintained for the Auburn School District.

Adopted: December 10, 2019
Revised: January 12, 2021

Annual Health Information/Parental Permission for Medication

ASD File: JLCD-R/JLCE-R
AUBURN VILLAGE SCHOOL
HEALTH SERVICES
ANNUAL HEALTH INFORMATION UPDATE
Your child’s health and safety is of utmost concern to the school staff. It is essential that the school nurse be notified when a child is diagnosed with an allergy or other medical condition or begins taking medication at home. Please call the school nurse whenever you have a concern or new information relative to your child’s health and safety.

Student’s Name:             Birth Date:    Grade/Teacher:

Allergies (to food, insect stings, meds, etc.):
Reaction/symptoms:

Medical concerns, please check any that apply:
Asthma _____ Diabetes _____ Seizures _____ Head injury _____ Heart condition _____
Urinary or Kidney condition _____ Skin problems ____ Depression _____ Anxiety _____
Attention Deficit Disorder (ADD/ADHD) _____ Frequent headaches _____ Other ______
Frequent ear infections _____ Hearing problems _____ Vision problems _____
Bowel problems _____ Frequent stomachaches _____ Frequent nosebleeds _____
Has your child had any illness or injury over the summer?

Indicate the dates of any immunizations your child has had during the past year.
Tetanus (Tdap) __________ MMR __________ Hepatitis B __________ Varicella (Chickenpox)_________
Please follow-up with written documentation from your provider.

Have there been any changes in your family and/or problems you wish to share with the school? Feel free to call or send a confidential note?

Explain any physical limitations or disability your child has and any modification or restriction necessary to accommodate your child’s health or safety.

Medical aids: glasses/contacts _____ hearing aids _____ crutches _____ braces _____ wheelchair _____
other If other, please explain:

Medications: please contact school nurse to make arrangements for medications in school.
At school: dosage time reason
dosage time reason
At home: dosage time reason
dosage time reason ________________

Physician’s Name: Tel #:
 I understand that there may be times the nurse may need to speak with our physician.
 I would like more information about low cost health insurance for my child.

Parent/Guardian Signature: Date:

ASD File: JLCD-R/JLCE-R
Auburn Village School
Parental Permission Form for Over-The-Counter Medications

Dear Parent/Guardian:
The New Hampshire School Nurse is a Registered Nurse who manages School Health Services to facilitate and strengthen the educational process for all students within the school setting. Although not encouraged, I realize that Over-The Counter (OTC) medications are sometimes appropriate and, in fact, necessary. Under the NH Department of Education administrative rule, Ed 311.02, parents may give written permission for a child to receive short-term OTC medication at school. A new form must be completed each year.
The decision to administer such medication/treatment is that of the School Nurse. Please understand that these will only be administered to relieve symptoms of occasional pain and/or discomfort and should not be used as a substitute for chronic health problems or to keep an ill child in school.
If your child seems to need any of these medications more often than occasionally or I have concerns regarding the use of any of these medications, I may request that you have a health care provider’s evaluation and authorization to continue giving the medication. You may be asked to provide a supply for your child as well; all medications must be delivered to school by an adult in the original container. Any medication left at the end of the year will be disposed of within one week of the end of school.

Below is a list of over-the-counter items available in the Health Office. Any other item must be supplied by the parent (original container, delivered by an adult). Please check those items that you authorize your child to receive:

Oral medications
 Acetaminophen (generic Tylenol), tablets dosage by age/weight
 Ibuprofen (generic Advil/Motrin) tablets dosage by age/weight
 Benadryl elixir/tablets, dosage by age/weight for significant allergy
 Antacid tablets (chewable)
 Chloraseptic type spray for minor sore throat
 Cough Drops

Topical medications for first aid
 Calamine/Caladryl lotion
 Hydrocortisone cream
 Antibiotic ointment (such as Bacitracin)
 Sting-kill insect bite swabs (Benzocaine 6%)
 Bactine and Burngel

Other (parents must supply):

Reason for use:

Thank you for your cooperation,
Jennifer Bernier
School Nurse

Child’s Name: Grade:

 My child has no known allergies.
 My child is allergic to:

Signature: Date:
(parent/guardian)

Print Name: Relationship:

PLEASE TURN OVER AND COMPLETE THE BACK OF THIS FORM

Access To Public School Programs By Nonpublic, Charter School And Home-Educated Pupils

ASD File: JJJ
AUBURN SCHOOL DISTRICT
ACCESS TO PUBLIC SCHOOL PROGRAMS BY NONPUBLIC, CHARTER SCHOOL AND HOME-EDUCATED PUPILS

The district will comply with the provisions of RSA 193:1-c allowing pupils who attend non-public schools, charter schools or are home-educated equal access to the district’s curricular courses and co-curricular programs. The district recognizes that any school board policies regulating participation in curricular courses and co-curricular programs, cannot be more restrictive for non-public, public charter school, or home educated pupils than the policy governing the school district’s resident pupils.

Adopted: February 14, 2017

Legal Reference:  RSA 193:1-c

Personal Device Usage

ASD File: JICM
(formerly JICLA)
AUBURN SCHOOL DISTRICT
PERSONAL DEVICE USAGE POLICY

The Auburn School District has a right to protect its network and technical resources. Thus, any network
user who brings his/her own personal device into the school building is required to adhere to the
Acceptable Use Policy (AUP), Policy #’s JICL and JICL-R, and sign a copy of the Auburn School District
Acceptable Use Contract. In addition, the student and parent/legal guardian must sign the Bring Your
Own Device (BYOD) Student User Agreement.

The BYOD Student User Agreement will be reviewed and adopted annually.

 

Auburn School District
Bring Your Own Device (BYOD)
Student User Agreement
__________________________________________________________________
Purpose:
Many students’ lives today are filled with media that gives them mobile access to information and
resources 24/7. Outside school, students are free to pursue their interest in their own way and at their
own pace. The opportunities are limitless, borderless, and instantaneous. In an effort to put students at
the center and empower them to take control of their own learning, the Auburn School District will allow
students to use personal technology devices. Students wishing to participate must follow the
responsibilities stated in the Acceptable Use Policy as well as the following guidelines.
Device Types:
For the purpose of this program, the word “device” means a privately owned wireless and/or portable
electronic piece of equipment that includes laptops, netbooks, Chromebooks/slates, iPod Touches, cell
and smart phones.

Guidelines:
1. Any student who wishes to use a personally owned electronic device within the Auburn School
District must read and sign this agreement and submit it to the building principal.
The student’s parent/guardian must also sign this agreement.
2. The student takes full responsibility for his or her device. The school is not responsible for the
security of the device.
3. The student is responsible for the proper care of their personal device, including any costs of
repair, replacement or any modifications needed to use the device at school.
4. The school reserves the right to inspect a student’s personal device if there is reason to believe
that the student has violated Board policies, administrative procedures, school rules or has
engaged in other misconduct while using their personal device.
5. Violations of any Board policies, administrative procedures or school rules involving a student’s
personally owned device may result in the loss of use of the device in school and/or disciplinary
action.
6. The student complies with teachers’ request to park the device.
7. Personal devices shall be charged prior to bringing them to school and shall be capable of being
powered by its own battery while at school.
8. The student may not use the devices to record, transmit or post photos or video of a person or
persons on campus, or buses, nor can any images or video recorded at school be transmitted or
posted at any time without the express permission of a teacher.
9. The student should only use their device to access relevant files.
10. The student will use the designated school wireless network. Use of 3G, 4G and similar wireless
connections is not allowed.
11. The device will be electronically registered and monitored and if needed, removed from the
network.
12. Students in K-8 are not permitted to use their device at lunch or recess.
13. Students in grades 2-8 will be permitted to utilize their device on school buses consistent with the
guidelines.
14. Students in grades K-8 will not be permitted to use their device in the bathroom.

 

Auburn School District
Bring Your Own Device (BYOD)
Student User Agreement

As a student I understand and will abide by the above policy and guidelines. I further
understand that any violation of the above may result in the loss of my network and/or device
privileges as well as other disciplinary action.

As a parent I understand that my child will be responsible for abiding by the above policy and
guidelines. I have read and discussed them with her/him and they understand the
responsibility they have in the use of their personal device

 

_______________________________           __________________________
Device #1                                                                             Serial Number

 

_______________________________            ___________________________
Device #2                                                                            Serial Number

 

_______________________________             __________________________
Parent’s Signature                                                              Date

 

_______________________________             ___________________________
Student’s Signature                                                            Students Grade

 

_______________________________              __________________________
Parent’s Signature                                                               Date

 

_______________________________
Please Print Parent’s Name

 

NOTE: Students must also complete the Acceptable Use Contract (Policy # JICL-R).

Adopted: October 11, 2011
Revised: May 8, 2012
Revised: June 11, 2013
Reviewed: June 9, 2015
Revised: June 14, 2016
Revised: April 10, 2018
Revised: June 11, 2019
Reviewed: June 8, 2021

Procedures On Use Of Child Restraint And Seclusion

ASD File: JKAA-R
AUBURN SCHOOL DISTRICT
PROCEDURES ON USE OF CHILD RESTRAINT AND SECLUSION

The Auburn School District hereby establishes the following procedures to describe how and in what circumstances restraint or seclusion is used in this District. The procedures are adopted for the purpose of meeting the District’s obligations under state law governing the use of restraints and seclusion. The procedures shall be interpreted in a manner consistent with state law and regulations.

I. Definitions

Restraint. Any bodily physical restriction, mechanical devices, or any device that immobilizes a person or restricts the freedom of movement of the torso, head, arms, or legs. It includes mechanical restraints, physical restraints, and medication restraint used to control behavior in an emergency or any involuntary medication.Restraint shall not include the following:

  1. A brief touching or holding to calm, comfort, encourage, or guide a child, so long as there is no limitation on the child’s freedom of movement.
  2.  The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a child to stand, if necessary, and then walk to a safe location, so long as the child is in an upright position and moving toward a safe location.
  3. Physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages and supportive body bands, or other physical holding when necessary for routine medical treatment purposes, or when used to provide support for the achievement of functional body position or proper balance or to protect a person from falling out of bed, or to permit a child to participate in activities without the risk of physical harm.
  4. The use of seat belts, safety belts, or similar passenger restraints during transportation of a child in a motor vehicle.
  5. The use of force by a person to defend himself or herself or a third person from what the actor reasonably believes to be the imminent use of unlawful force by a child, when the actor uses a degree of such force which he or she reasonably believes to be necessary for such purpose and the actor does not immobilize a child or restrict the freedom of movement of the torso, head, arms, or legs of any child.

The five interventions listed immediately above are not considered “restraint” under these procedures, are not barred or restricted by these procedures, and are not subject to the training or notification requirements that otherwise apply to permissible restraints addressed herein.

Medication Restraint. When a child is given medication involuntarily for the purpose of immediate control of the child’s behavior.

Mechanical Restraint. When a physical device or devices are used to restrict the movement of a child or the movement or normal function of a portion of his or her body.

Physical restraint. When a manual method is used to restrict a child’s freedom of movement or normal access to his or her body.

Dangerous Restraint Techniques.

    Any technique that:
  • Obstructs a child’s respiratory airway or impairs the child’s breathing or respiratory capacity or restricts the movement required for normal breathing;
  • Places pressure or weight on, or causes the compression of, the chest, lungs, sternum, diaphragm, back or abdomen of a child;
  • Obstructs the circulation of blood;
  • Involves pushing on or into the child’s mouth, nose, eyes, or any part of the face or involves covering the face, or body with anything, including soft objects such as pillows, blankets, or wash clothes, or
  • Endangers a child’s life or significantly exacerbates a child’s medical condition.
    Intentional infliction of pain, including the use of pain inducement to obtain compliance.
    The intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near the child for the purpose of controlling or modifying the behavior of or punishing the child.
    Any technique that subjects the child to ridicule, humiliation, or emotional trauma.

Seclusion. The involuntary placement of a child alone in a place where no other person is present and from which the particular child is unable to exit, either due to physical manipulation by a person, lock, or other mechanical device or barrier.

Seclusion does not include:

  • the voluntary separation of a child from a stressful environment for the purpose of allowing the child to regain self-control, when such separation is to an area which a child is able to leave;
  • Circumstances in which there is no physical barrier between the child and any other person or the child is physically able to leave the place.

 

II. Use of Restraint

  1. Restraint as defined in these procedures shall be used only to ensure the immediate physical safety of persons when there is a substantial and imminent risk of serious bodily harm to others.
  1. Restraint as defined in these procedures shall only be used by trained personnel and with extreme caution. It should be used only after all other interventions have failed or appear unlikely to succeed based on the student’s past history.
  1. Use of restraint as defined in these procedures shall be limited to physical restrain School officials shall not use or threaten to use any dangerous restraint techniques, any inappropriate aversive behavioral interventions, any medication restraints, or any mechanical restraints except as permitted for transporting students.

III. Use of Seclusion

  1. Seclusion may only be used when a child’s behavior poses a substantial and imminent risk of physical harm to the child or to others, and may only continue until that danger has dissipated.
  1. Seclusion shall only be used by trained personnel after other approaches to the control of behavior have been attempted and been unsuccessful, or are reasonably concluded to be unlikely to succeed based on the history of actual attempts to control the behavior of a particular child.
  1. Each use of seclusion shall be directly and continuously visually and auditorially monitored by a person trained in the safe use of seclusion.

IV.  Prohibited Use of Restraint or Seclusion

  1. School officials shall not use or threaten to use restraint or seclusion as punishment or discipline for the behavior of child.
  1. School officials shall not use or threaten to use medication restraint.
  1. School officials shall not use or threaten to use mechanical restraint, except its use is permitted in the transportation of children, as outlined under these procedure.
  1. School officials shall not use or threaten to use dangerous restraint techniques, as defined in these procedures.
  1. Seclusion shall only be used by trained personnel after other approaches to the control of behavior have been attempted and been unsuccessful, or are reasonably concluded to be unlikely to succeed based on the history of actual attempts to control the behavior of a particular child.
  1. Seclusion shall not be used in a manner that that unnecessarily subjects the child to the risk of ridicule, humiliation, or emotional or physical harm.

V.  Authorization and Monitoring of Extended Restraint & Length of Restraint

When restraint may permissibly be used on a child, school officials must comply with the following procedures:

  1. Restraint shall not be imposed for longer than is necessary to protect the child or others from the substantial and imminent risk of serious bodily harm;
  1. Children in restraint shall be continuously and directly observed by personnel trained in the safe use of restraint;
  1. No period of restraint shall exceed 15 minutes If restraint is to exceed this time, approval of the Principal or supervisory employee designated by the Principal to provide such approval is required.
  1. No period of restraint shall exceed 30 minutes unless a face-to-face assessment of the mental, emotional and physical well-being of the child is conducted by the Principal or supervisory employee designated by the Principal who is trained to conduct such assessment The assessment must include a determination of whether the restraint is being conducted safely and for a proper purpose. These assessments must be repeated at least every 30 minutes during the period of restraint and documented in writing pursuant to the notification requirements set forth below.

VI.    Restriction of Use of Mechanical Restraints during Transport of Children.

  1. Mechanical restraints during the transportation of children are prohibited unless the child’s circumstances dictate the use of such methods. In any event when a child is transported using mechanical restraints, the Principal shall document in writing the reasons for the use of mechanical restrain This documentation shall be treated as notification of restraint as discussed in paragraph VI, below.
  1. Whenever a child is transported to a location outside a school, the Principal shall ensure that all reasonable measures consistent with public safety are taken to transport and/or escort the child. Such measures should:
  • Prevent physical and psychological trauma,
  • Respect the child’s privacy, and
  • Represent the least restrictive means necessary for the safety of the child.

 

VII.          Room Conditions for a Seclusion Area

When permitted by this chapter, seclusion may only be imposed in rooms which:

  • Are of a size which is appropriate for the chronological and developmental age, size, and behavior of the children placed in them.
  • Have a ceiling height that is comparable to the ceiling height of the other rooms in the building in which they are located.
  • Are equipped with heating, cooling, ventilation, and lighting systems that are comparable to the systems that are in use in the other rooms of the building in which they are located.
  • Are free of any object that poses a danger to the children being placed in the rooms.
  • Have doors which are either not equipped with locks, or are equipped with devices that automatically disengage the lock in case of an emergency.  For the purposes of this subparagraph, an “emergency” includes, but is not limited to:
  1. The need to provide direct and immediate medical attention to a child;
  2. Fire;
  3. The need to remove a child to a safe location during a building lockdown; or
  4. Other critical situations that may require immediate removal of a child from seclusion to a safe location.
  • Are equipped with unbreakable observation windows or equivalent devices to allow the safe, direct, and uninterrupted observation of every part of the room.

 

VIII.   Notice and Record Keeping Requirements

  1. Unless prohibited by a court order, a school official shall verbally notify the parent or guardian and guardian ad litem of a restraint or seclusion no later than the time of the return of the child to the parent or guardian on that same day, or the end of the business day, which ever is earlier.  Notice shall be made in a manner calculated to provide actual notice of the incident at the earliest practicable time.
  1. A school employee who uses restraint or seclusion shall submit a written report to the building principal or the principal’s designee within 5 business days after that interventio If the school employee is not available to submit such a report, the employee’s supervisor shall submit such a report within the same time frame. If the principal uses restraint or seclusion, he/or she shall submit a written report to the Superintendent, or his/her designee, within 5 business days. Any report addressed in this section shall contain the following information:
  • The names of the persons involved in the occurrence;
  • A description of the actions of the child before, during, and after the occurrence; a description of any other relevant events preceding the use of restraint or seclusion, including the justification for initiating the restraint or seclusion;
  • The date, time and duration of the restraint or seclusion;
  • A description of the actions of the school employees involved before, during, and after the occurrence;
  • A description of any interventions used prior to the restraint or seclusion;
  • A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary;
  • A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of restraint or seclusion;
  • A description of any property damage associated with the occurrence;
  • A description of actions taken to address the emotional needs of the child during and following the incident;
  • A description of future actions to be taken to control the child’s problem behaviors;
  • The name and position of the employee completing the notification; and
  • The anticipated date of the final report.
  1. Unless prohibited by court order, the Principal or other designee shall, within 2 business days of receipt of the written report described above, send or transmit by first class mail or electronic transmission to the child’s parent or guardian and guardian ad litem the information contained in that written report. [Optional but recommended: Within the same time frame, the Principal shall also forward any such report to the Superintendent for retention in that office.]
  1. Each written report referenced in this section shall be retained by the school and shall be made available for periodic, regular review consistent with any rules that may be adopted by the state board of education for that purpose.

IX.  Serious Injury or Death during Incidents of Restraint or Seclusion.

  1. In cases involving serious injury or death to a child subject to restraint or seclusion, the school district shall, in addition to the notification requirements above, notify the commissioner of the department of education, the attorney general, and the state’s federally designated protection and advocacy agency for individuals with disabilities Such notice shall include a copy of the written report referenced in Section VIII above.
  1. “Serious injury” means any harm to the body which requires hospitalization or results in the fracture of any bone, non-superficial lacerations, injury to any internal organ, second or third- degree burns, or any severe, permanent, or protracted loss of or impairment to the health or function of any part of the body.

X.  Team Meeting Requirements

  1. After the first incident of restraint or seclusion in a school year for students identified under special education or Section 504, the District shall hold an IEP or 504 meeting to review the student’s IEP or 504 plan and make such adjustments as are indicated to eliminate or reduce the future use of restraint or seclusion.
  1. Parents may request a 504 or IEP team meeting after any restraint or seclusion incident and that request must be granted “if there have been multiple instances of restraint or seclusion since the last review”.

XI.   Notice and Records of Intentional Physical Contact

  1. If a school employee has intentional physical contact with a child which is in response to a child’s aggression, misconduct, or disruptive behavior, a school representative shall make reasonable efforts to promptly notify the child’s parent or guardian.
  1. Such notification shall be no later than the time of the child’s return to the parent or guardian on that same day, or the end of the business day, whichever is earl Notification shall be made in a manner to give the parent or guardian actual notice of the incident at the earliest practicable time.
  1. Within 5 business days of the incident of “intentional physical contact with a child which is in response to a child’s aggression, misconduct, or disruptive behavior,” the school shall prepare a written description of the incidents.  This description shall include:
  • Date and time of the incident;
  • Brief description of the actions of the child before, during and after the occurrence;
  • Names of the persons involved in the occurrence;
  • Brief description of the actions of the school employees involved before, during and after the occurrence; and
  • A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during or after the incident.
  1. If an incident of intentional physical contact amounts to a physical restraint as set forth earlier in these procedures, the school shall meet the notification and record requirements that apply to physical restraint, rather than the requirements that apply to incidents of “intentional physical contact”.
  1. The notification and record-keeping duties for an incident of intentional physical contact do not apply in the following circumstances:
  • When a child is escorted from an area by way of holding of the hand, wrist, arm, shoulder, or back to induce the child to walk to a safe location — unless the child is actively combative, assaultive, or self injurious while being escorted, and then these requirements do apply.
  • When actions are taken such as separating children from each other, or inducing a child to stand, or otherwise physically preparing a child to be escorted.
  • When the contact with the child is incidental or minor, such as for the purpose of gaining a misbehaving child’s attention – except that blocking of a blow, forcible release from a grasp, or other significant and intentional physical contact with a disruptive or assaultive child shall be subject to the requirement.

 

XII.  Department of Education Review

  1. A parent may file a complaint with the New Hampshire Department of Education regarding the improper use of restraint or seclusion. Resolution of any such complaint should occur within 30 days, with extensions only for good cause.
  1. Investigation of any such complaint shall include appropriate remedial measures to address physical and other injuries, protect against retaliation, and reduce the incidence of violations of state standards on restraint and seclusion.

 

XIII.   Civil or Criminal Liability

Nothing in the District’s Policy or Procedures on the Use of Child Restraint should be understood in any way to undercut the protections from civil and criminal liability provided to school officials for the use of force against a minor, consistent with state law found at RSA 627:1, 4, and 6.

 

Legal Reference:  RSA 126-U:1 to 13 (2014); RSA 627:1, 4, 6

Adopted: May 19, 2015

 

 

Annual Notice Of Student Education Records And Information Rights

ASD File: JRA-E
AUBURN SCHOOL DISTRICT
SAU #15
90 Farmer Road
Hooksett, NH 03106
ANNUAL NOTICE OF STUDENT EDUCATION RECORDS AND INFORMATION RIGHTS

The Family Educational Rights and Privacy Act (“FERPA”) provides certain rights to parents and eligible students with respect to the student’s education records.

A. Definitions.
1. “Parent” means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.
2. “Eligible Student” means a student who has reached 18 years of age or who is attending an institution of postsecondary education. Generally, once a student becomes an eligible student, rights under FERPA transfer from the parents to the eligible student. The School District may, however, continue to disclose education records to a parent without prior written consent if the student qualifies as a dependent under the Internal Revenue Code.

B. Inspection of Records
Parents/eligible students may inspect and review the student’s education records within 45 days of making a request, or before an IEP Team meeting or due process hearing. Such requests must be submitted to the Superintendent or building administrator in writing and must identify the record(s) to be inspected. The Superintendent or building administrator will notify the parent/eligible student of the time and place where the record(s) may be inspected in the presence of school staff. Parents/eligible students may obtain copies of education records. The school district may charge a fee for actual costs for producing photocopies of records.

C. Amendment of Records
Parents/eligible students may ask the School District to amend education records they believe are inaccurate, misleading or in violation of the student’s right to privacy. Such requests must be submitted to the Superintendent or building administrator in writing, clearly identify the part of the record they want changed and how they want it changed, and specify why it is inaccurate or misleading or in violation of the student’s right of privacy. If the Superintendent or building administrator decides not to amend the record as requested, the parent/eligible student will be notified of the decision, their right to request a hearing and information about the hearing process.

D. Disclosure of Records
The School District must obtain a parent/eligible student’s written consent prior to disclosure of personally identifiable information in education records except in circumstances permitted by law or regulations as summarized below.
1. Directory Information
The School District designates the following student information as directory information that may be made public at its discretion: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school district, honors and awards received, and photographs and videos relating to student participation in school activities open to the public. Parents/eligible students who do not want the School District to disclose directory information must notify the Superintendent in writing by September 15th of the school year or within thirty (30) days of enrollment, whichever is later. This opt-out shall remain in effect until the following school year, unless the parent or eligible student rescinds it earlier, or unless the student no longer attends the School District, in which case the opt-out will remain in effect unless it is rescinded.
Absent an opt-out, the School District may disclose directory information about former students without the consent of the parent/eligible student.
2. Military Recruiters/Institutions of Higher Education
Military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and the School District must comply with any such request, provided that parents have been notified that they and secondary school students have the right to request that this information not be released without their prior written consent. Parents/students who do not want the School District to disclose this information without their prior written consent must notify the Superintendent in writing by September 15th or within thirty (30) days of enrollment, whichever is later.
3. School Officials with Legitimate Educational Interests
Education records (and personally identifiable information from an education record) may be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if he/she needs to review an education record (or to receive personally identifiable information from an education record) in order to fulfill his/her professional responsibility. School officials include persons employed by the School District (or the School District’s school administrative unit) as an administrator, supervisor, instructor or support staff member (such as guidance, health or medical staff and the district’s law enforcement personnel, if any); members of the School Board ; persons or companies with whom the School District or school administrative unit has contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators, experts, or therapists); and volunteers who are under the direct control of the School District with regard to education records.
4. Health or Safety Emergencies
In accordance with federal regulations, the School District may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.
5. Other Schools
The School District sends student education records to schools, school systems, or institutions of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled, if the school, school system, or institution of postsecondary education has requested the records and so long as the disclosure is for purposes related to the student’s enrollment or transfer. Such records shall include, but are not limited to, grades, report cards, disciplinary records, attendance records, special education records and health records.
6. Other Entities/Individuals
Education records may be disclosed to other entities and individuals as specifically permitted by law. Parents/eligible students may obtain information about other exceptions to the written consent requirement by request to the Superintendent or building administrator.

D. Complaints Regarding School District Compliance with FERPA
Parents/eligible students who believe that the School District has not complied with the requirements of FERPA have the right to file a complaint with the U.S. Department of Education. The office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901

Revised: January 12, 2010

Student Education Records and Information – Administrative Procedures

ASD File: JRA-R
AUBURN SCHOOL DISTRICT
STUDENT EDUCATION RECORDS AND INFORMATION –ADMINISTRATIVE PROCEDURE

This administrative procedure is intended to assist administrators and school staff in complying with the requirements of federal and state statutes and regulations concerning student education records and information, including special education requirements.

A. Definitions
The following definitions apply to terms used in this procedure.
1. “Act” means the Federal Family Educational Rights and Privacy Act (20 U.S.C. §1232g).
2. “Directory Information” means the following information contained in an education record of a student: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school district, honors and awards received, and photographs and videos relating to student participation in school activities open to the public.
3. “Eligible Student” means a student who has attained 18 years of age or who is attending an institution of postsecondary education. Generally, once a student becomes an eligible student, all rights accorded to parents concerning education records transfer to the eligible student, except that the School District may continue to disclose education records to a parent without prior written consent if the student qualifies as a dependent under the Internal Revenue Code.
4. “Parent” means parent, regardless of divorce or separation, a legal guardian, or individual acting as a parent or guardian. There shall be a presumption that a parent has the authority to exercise the rights inherent in the Act, unless the School District has been provided with evidence that there is a court order, statute, or legally binding document relating to such matters as divorce, separation or custody that specifically revokes such rights.
5. “Record” means information recorded in any way, including but not limited to handwriting, print, e-mail or other computer media, video or audio tape, or microfilm and microfiche.
6. “Education Record” means records, files, documents and other materials that contain information or data that directly relates to a student and is maintained by the school district. Records of instructional, supervisory and administrative personnel and personnel who support these individuals, which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a temporary substitute for the person who made the record are excluded from this definition, as are grades on peer-graded papers before they are collected and recorded by a teacher.
7 “Student” includes any individual who has been in attendance at the School District and regarding whom the School District maintains education records.

B. Annual Notification of Rights
Parents and eligible students shall be provided with notice of their rights under FERPA and other applicable federal and state laws and regulations concerning education records at the beginning of each school year or upon enrollment if a student enrolls after the start of the school year. The School District may provide notice through any of the following means:
1. Mailing to students’ homes;
2. Distribution to students to take home;
3. Publication in student handbooks that are provided to students and eligible students; or
4. Publication in newsletters or other materials distributed to each parent/eligible student.

C. Access to Policy and Administrative Procedure
The School District’s policy on Student Education Records and Information shall be posted in each school. In addition, school administrators shall provide copies of this administrative procedure to parents/eligible students upon request or when a request to inspect or amend records is made.

D. Inspection and Review of Education Records
Parents/eligible students may review and inspect their education records by the following procedure:
1. The parent/eligible student must make a written request to the Superintendent or building administrator to review the records.
2. The Superintendent or building administrator will comply with the request without unnecessary delay and in a reasonable period of time, but in no case more than 45 days after it received the request, If the student qualifies as a child with a disability, the Superintendent or building administrator will comply before any IEP Team meeting regarding an Individualized Education Program or any due process hearing or resolution session under the special education laws. .
3. The Superintendent or building administrator may deny a request for access to or copies of the student’s education records if there is reasonable doubt as to the legality of the parent-child relationship. Access will be withheld until a determination of legal right to access can be established.
4. All records shall be reviewed in the presence of a school official.
Parents of special education students may also review upon request the following:
1. The School District’s list of types and locations of education records and titles of officials responsible for the records.
2. The School District’s record of disclosures of personally identifiable information (see Section F).

E. Requests to Amend Education Records
Parents/eligible students may ask the School District to amend education records they believe are inaccurate, misleading or in violation of the student’s privacy rights as follows:
1. The parent/eligible student must make a written request to the Superintendent or building administrator to amend the education record. The request must clearly identify the part of the record they want changed, specify how they want it changed, and specify why it is inaccurate or misleading.
2. The Superintendent or building administrator shall, within a reasonable period of time after receipt of the request, either amend the record in accordance with the request or inform the parent/eligible student of the School District’s refusal to amend the record and inform the parent/eligible student of their right to request a hearing.
3. If the parent/eligible student requests a hearing, it shall be held within a reasonable period of time from the School District’s receipt of the written request. The parent/eligible student shall be given advance notice of the date, place and time of the hearing. The Superintendent shall designate an individual to conduct the hearing. This individual may be an employee of the School District so long as he/she does not have a direct interest in the outcome of the hearing. The parent/eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney.
4. The School District shall make its decision in writing within a reasonable period of time. The decision of the school must be based solely on the evidence presented at the hearing, and shall include a summary of the evidence and the reasons for the decision.
5. If, as a result of the hearing, the School District decides that the information is inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall amend the education records of the student accordingly and so inform the parent/eligible student in writing.
6. If, as a result of the hearing, the School District decides that the information is not inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall inform the parent/eligible student of their right to include a statement in the student’s education record about the contested information and/or setting forth any reasons for disagreeing with the decision of the School District.
7. Any statement placed in the student’s education record under the preceding paragraph shall be maintained with the contested part of the record for as long as the record is maintained by the School District. If the School District discloses the contested portion of the record to any party, it shall also disclose the statement.

F. Disclosure of Education Records
All disclosures of education records will be made in compliance with federal and state statutes and regulations. The School District will not disclose any personally identifiable information from the education records of a student without the prior written consent of the parent/eligible student unless such disclosure is otherwise allowed by federal and/or state statutes or regulations. The written consent shall include a specification of the records that may be disclosed, the purpose(s) of the disclosure(s), and the identity of the party or class of parties to whom the disclosure(s) may be made.
There are several exceptions to the requirement to obtain prior written consent before disclosing
education records as follows:
1. Directory Information. The School District may make directory information (as described in Section A) public at its discretion unless a parent/eligible student has notified the Superintendent in writing by September 15th of the school year or within thirty (30) days of enrollment, whichever is later, that the parent/eligible student refuses to let the School District designate as directory information any or all of those types of information. This opt-out shall remain in effect until the following school year, unless the parent or eligible student rescinds it earlier, or unless the student no longer attends the School District, in which case the opt-out will remain in effect unless it is rescinded.
Absent an opt-out, the School District may disclose directory information about former students without the consent of the parent/eligible student.
2. Military Recruiters/Institutions of Higher Education. Military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and the School District must comply with any such request, provided that parents have been notified of their right to request that this information not be released without their prior written consent. Parents and secondary school students who do not want the School District to disclose this information must notify the Superintendent in writing by September 15th or within thirty (30) days of enrollment, whichever is later.
3. School Officials with Legitimate Educational Interests. Education records (and personally identifiable information from an education record) may be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if he/she needs to review an education record (or to receive personally identifiable information from an education record) in order to fulfill his/her professional responsibility. School officials include persons employed by the School District (or the School District’s school administrative unit) as an administrator, supervisor, instructor or support staff member (such as guidance, health or medical staff and the School District’s designated law enforcement personnel, if any); members of the School Board; persons or companies with whom the School District or school administrative unit has contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators, experts, or therapists); and volunteers who are under the direct control of the School District with regard to education records.
4. Other Schools. The School District sends student education records to schools, school systems, or institutions of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled, if the school, school system, or institution of secondary education has requested the records and so long as the disclosure is for purposes related to the student’s enrollment or transfer, Such records shall include, but are not limited to, grades, report cards, disciplinary records, attendance records, special education records and health records.
5. Health or Safety Emergency. In accordance with federal regulations, the School District may disclose education records in a health or safety emergency without prior written consent to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.
6. Other Entities/Individuals. Education records may be disclosed to other governmental entities and individuals as specifically permitted by FERPA and the accompanying regulations.

G. Request/Disclosure Record
1. The School District will maintain a record of requests for and disclosures of personally identifiable information from the education records of a student.
2. Such records do not include: (a) disclosures to the parents/eligible student; (b) disclosures made pursuant to written consent of the parents/eligible student; (c) disclosures to school officials with legitimate educational interests in the record; (d) disclosures of directory information; (e) disclosures to the person who provided or created the record; (f) disclosures pursuant to a subpoena in certain law enforcement proceedings as described 34 C.F.R. § 99.31(a)(9)(ii)(A) and (B) if the court or agency issuing the subpoena ordered that the existence or contents of the request for disclosure remain confidential; or (g) disclosures pursuant to ex parte orders obtained by the U.S. Attorney General (or certain designees) concerning investigations or prosecutions of offenses listed in 18 U.S.C. § 2332(g)(5)(B) or acts of domestic or international terrorism as defined in 18 U.S.C. § 2332.
3. The record will include the party requesting the information and the “legitimate interest” the party has in the information. In the case of state and local educational authorities, and federal officials and agencies identified in the FERPA regulations, the record must specify that the records may be subject to further disclosure by these authorities, officials and agencies without consent.
4. When disclosures are made under the exception for health or safety emergencies, the record must include the “articulable and significant threat to the health or safety of a student or other individuals that formed the basis of the disclosure” and the parties to whom the information was disclosed.

H. Waiver of Confidentiality Rights
A parent/eligible student may waive any of his/her rights regarding confidentiality of education records, but any such waiver must be in writing and signed by the parent/eligible student. The school may not require that a parent/eligible student waive his or her rights. Any waiver may be revoked, but such revocation shall not apply to any actions taken by the School District prior to the revocation being received. If a parent executes a waiver, that waiver may be revoked by the student any time after he/she becomes an eligible student.

I. Fees for Copying Records
There shall be no charge to search for or retrieve education records of a student. The School District shall provide copies of education records to parents/eligible students upon request, subject to reasonable limitations. The school district may charge a fee for actual costs for producing photocopies of records. Parents/eligible students who are unable to pay such fees will not be denied access to education records.

J. Maintenance and Destruction of Education Records
The School District shall maintain education records as required by federal and state statutes and regulations.
1. Records shall be maintained in paper and/or electronic form by personnel who are knowledgeable about the applicable confidentiality and record retention requirements. All records shall be safeguarded from unauthorized access. Student records must be kept in fireproof storage at the school or a duplicate set must be kept off-site.
2. The School District shall not destroy any education record if there is any outstanding request to inspect or review such records.
3. Records of access to education records shall be retained as long as the records themselves.
4. The School District shall inform parents of students who have received special education services when education records are no longer needed to provide educational services to the student or to demonstrate that the school has provided the student with a free appropriate public education as required by law. At that point, the records may be turned over to parents/eligible student upon their request, or destroyed in accordance with the parent’s request or School District procedures.

K. Complaints
The United States Department of Education maintains an office that handles complaints about alleged violations of FERPA by local school districts. Complaints regarding violations of rights accorded parents/eligible students may be submitted in writing to:
Family Policy Compliance Office
Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-5901

Legal References: 20 U.S.C. § 1232g; 34 C.F.R. Part 99 (as amended),  20 U.S.C. § 7908,  RSA 189:1-e, 193-D:8, 194:31-a,  N.H. Code of Administrative Rules Ed 1119

Revised: January 12, 2010