Approved Robert Redfern, President Kim Sullivan, vice President


VIDEO SURVEILLANCE AND OTHER STUDENT MONITORING 4.48



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VIDEO SURVEILLANCE AND OTHER STUDENT MONITORING 4.48
The Board of Directors has a responsibility to maintain discipline, protect the safety, security, and welfare of its students, staff, and visitors while at the same time safeguarding district facilities, vehicles, and equipment. As part of fulfilling this responsibility, the board authorizes the use of video/audio surveillance cameras, automatic identification technology, data compilation devices, and technology capable of tracking the physical location of district equipment, students, and/or personnel.

The placement of video/audio surveillance cameras shall be based on the presumption and belief that students, staff and visitors have no reasonable expectation of privacy anywhere on or near school property, facilities, vehicles, or equipment, with the exception of places such as rest rooms or dressing areas where an expectation of bodily privacy is reasonable and customary.


Signs shall be posted on campus buildings and in district vehicles to notify students, staff, and visitors that video cameras may be in use. Parents and students shall also be notified through the student handbook that cameras may be in use in school buildings, on school grounds and in school vehicles. Students will be held responsible for any violations of school discipline rules caught by the cameras and other technologies authorized in this policy.
The district shall retain copies of video recordings until they are erased1 which may be accomplished by either deletion or copying over with a new recording. Other than video recordings being retained under the provisions of this policy’s following paragraph, the district’s video recordings may be erased any time greater than after they were created.
Videos, automatic identification, or data compilations containing evidence of a violation of student conduct rules and/or state or federal law shall be retained until the issue of the misconduct is no longer subject to review or appeal as determined by board policy or student handbook;2 any release or viewing of such records shall be in accordance with current law.
Students who vandalize, damage, disable, or render inoperable (temporarily or permanently) surveillance cameras and equipment, automatic identification, or data compilation devices shall be subject to appropriate disciplinary action and referral to appropriate law enforcement authorities.
Notes:

This policy is similar to policies 3.41 and 8.29. If you change this policy, review 3.41 and 8.29 at the same time to ensure applicable consistency between the policies.


While 34 CFR 99.3 exempts records of law enforcement units (which for the purposes of this policy would include School Resource Officers (SROs), 34 CFR 99.8(b) effectively negates that exemption in relation to this policy with the following language.
(2) Records of a law enforcement unit does not mean--
(i) Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the educational agency or institution other than the law enforcement unit; or

(ii) Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution.

The law goes on to say that education records retain their status as such even when in the possession of a law enforcement unit and thus remain subject to the restrictions on the release of education records contained in the Family Educational Rights and Privacy Act (FERPA). In short, you cannot deny access to the video recordings that may be used for student or staff disciplinary purposes by “hiding” them in your school’s law enforcement unit.
1 You may recycle your videos on whatever schedule works for your district (insert the length of time you choose to retain the videos in the paragraph’s following sentence), but you may not destroy any recordings as long as there is an outstanding request to inspect and review them (34 CFR 99.10). The right to inspect is triggered only for those parents whose students are the cause for the retention of the video recordings. Parents of students “inadvertently” caught in the video do not have the right to inspect them. Please note, however, that if a student was not ‘involved” in the altercation prompting the disciplinary action, but happened to get pushed by one of the students in the fight, the pushed student’s parents have the right to review the video. You must permit viewing of education records within a “reasonable” period of time, but in no case may it be longer than 45 days. (34 CFR 99.10)

2 The issues involved in parental rights to viewing videos are complicated, but the Family Policy Compliance Office (FPCO) of (FERPA), has recently simplified the matter. A video of, for example, a fight between two (or even several) students in which other students happen to have been incidentally included in the background of the video generates the following viewing conditions.


a. Either or both of the students’ parents may view the video without first having to receive permission from the other student’s parent(s). None of the parents of the “incidental” students have to give their permission for the viewing of the video by the “involved” students’ parents.

b. If a student’s parent lives beyond a reasonable distance to physically come to view the video, the your district may mail the video to a “receiving” school near to the parent,

where the parent may view the video and then the receiving school will mail the video back to your district. The personnel at the receiving school should not view the video, but merely arrange for the parent to view it by himself/herself.

c. The district is not obligated to give a copy of the video to the parent or their lawyer. If, however, you choose to give the parent a video, you are obligated to go through all of the hoops that used to be the case for simply viewing the video. Specifically, faces of the “involved” students other than that of the parent’s student must be redacted or else you will have to receive written permission from the parents of the other involved students.

d. Remember that the rights of the parents transfer to the students once the student turns 18.

e. Once the video has been viewed by the parties requesting to view it, the law does not require you to keep the video. Common sense would suggest, however, retaining the video at least until the disciplinary process is completed.

Legal References: 20 USC 1232(g)

20 U.S.C. 7115

34 CFR 99.3, 4, 5, 7, 8, 10, 12, 31
Date Adopted: Last Revised: 08-25-14
FOOD SERVICE PREPAYMENT 4.51

The district does not offer credit for food items purchased in the school cafeteria; payment for such items is due at the time the food items are received. Parents or students choosing to do so may pay weekly or monthly in advance for students’ meals.


The district understands that there may be times when money is not available for a

myriad of reasons. Therefore staff and students may be allowed to carry up to a $10.00 balance for meals. After the threshold is met, students will be given an alternate meal until the balance is paid. No charges will be made after May 15th. Any extra monies left in the account at the end of the school year will be carried over to the following year.


Date Adopted: Last Revised:
STUDENTS WHO ARE FOSTER CHILDREN 4.52

The Danville School District will afford the same services and educational opportunities to foster children that are afforded other children and youth. The district shall work with the Department of Human Services (“DHS”), the ADE, and individuals involved with each foster child to ensure that he/she is able to maintain his/her continuity of educational services to the fullest extent that is practical and reasonable.


The superintendent or his/her designee shall appoint an appropriate staff person to be the local educational liaison for foster children and youth whose responsibilities shall include ensuring the timely school enrollment of each foster child and assisting foster children who transfer between schools by expediting the transfer of relevant educational records.
The district, working with other individuals and agencies shall, unless the presiding court rules otherwise, ensure that the foster child remains in his/her current school, even if a change in the foster child’s placement results in a residency that is outside the district. In such a situation, the district will work to arrange for transportation to and from school for the foster child to the extent it is reasonable and practical.

Upon notification to the district’s foster care liaison by a foster child’s caseworker that a foster child’s school enrollment is being changed to one of the District’s schools, the school receiving the child must immediately enroll him/her. Immediate enrollment is required even if a child lacks the required clothing, academic or medical records, or proof of residency.


A foster child’s grades shall not be lowered due to absence from school that is caused by a change in the child’s school enrollment, the child’s attendance at dependency-neglect court proceedings, or other court- ordered counseling or treatment.
Any course work completed by the foster child prior to a school enrollment change shall be accepted as academic credit so long as the child has satisfactorily completed the appropriate academic placement assessment.
If a foster child was enrolled in this school district immediately prior to completing his/her graduation requirements while detained in a juvenile detention facility or while committed to the Division of Youth Services of DHS, the district shall issue the child a diploma.
Cross References: Policies 4.1—RESIDENCE REQUIREMENTS,

4.2—ENTRANCE REQUIREMENTS,

4.7—ABSENCES
Legal Reference: A.C.A. § 9-28-113
Date Adopted: Last Revised:
PLACEMENT OF MULTIPLE BIRTH SIBLINGS 4.53

The parent, guardian, or other person having charge or custody of multiple birth siblings in grades pre-K through 6 may request that the multiple birth siblings are placed in either the same or separate classrooms. The request shall be in writing not later than the 14th calendar day prior to the first day of classes at the beginning of the academic year. The school shall honor the request unless it would require the school to add an additional class to the sibling’s grade level. If one parent of multiple birth siblings requests a placement that differs from that of the other parent of the same multiple birth siblings, the school shall determine the appropriate placement of the siblings.


The school may change the classroom placement of one or more of the multiple birth siblings if (1) there have been a minimum of 30 instructional days since the start of the school year; and (2)

after consulting with each classroom teacher in which the siblings were placed, the school determines the parent’s classroom placement request is:

• Detrimental to the educational achievement of one or more of the siblings,

• Disruptive to the siblings’ assigned classroom learning environment, or

• Disruptive to the school’s educational or disciplinary environment.

If a parent believes the school has not followed the requirements of this policy, the parent may appeal the multiple birth siblings’ classroom placement to the Superintendent. The Superintendent’s decision regarding the appeal shall be final.


Legal Reference: A.C.A. § 6-18-106
Date Adopted: 06-20-2011 Last Revised:
STUDENT ACCELERATION 4.54

The Board believes that acceleration is an effective and research-based intervention for the academic growth of students who are ready for an advanced or faster-paced curriculum. It can allow a student to move through the traditional educational setting more rapidly, based on assessed readiness, capability and motivation. At the same time, the Board understands that acceleration is not a replacement for gifted education services or programs.


Generally, acceleration can occur through one of two broad categories: content based and grade based. Grade based acceleration shortens the number of years a student would otherwise spend in K-12 education, while content based acceleration occurs within the normal K-12 time span. Either form of acceleration can be triggered by either a parent/guardian, student, or community member's request or by the referral of school personnel. In either case, the process of determining the appropriateness of the request shall be under the direction of the district/school1 Gifted and Talented Program Coordinator who shall convene the individuals necessary to make an informed decision which shall include the student's parents or guardians.
While the needs of the student should dictate when acceleration decisions are considered, the Board believes the optimal time for referrals is in the spring which gives adequate time for working through the determination process and for preparing those concerned for a smooth transition to the acceleration beginning in the following school-year.
The District's Gifted and Talented Program Coordinator1 will create a written format to govern the referral and determination process which shall be made available to any parent or staff member upon request.

The parents/guardians of any student whose request for acceleration has been denied may appeal the decision, in writing. to the District's GT Coordinator1. The Districts GT Coordinator1 and the Acceleration Placement Committee will again thoroughly review the case study that was completed on the student. Upon completion of the review, the Committee will either request additional new testing be conducted to help the Committee make its determination or it will uphold the initial decision. The Committee's decision may not be further appealed.


Legal Reference: ADE Gifted and Talented Rules

Date adopted: Last Revised:



STUDENT PROMOTION AND RETENTION 4.55
A disservice is done to students through social promotion and is prohibited by state law. The District shall, at a minimum, evaluate each student annually in an effort to help each student who is not performing at grade level. Parents or guardians shall be kept informed concerning the progress of their student(s). Notice of a student’s possible retention or required retaking of a course shall be included with the student’s grades sent home to each parent/guardian or the student if 18 or older. Parent- teacher conferences are encouraged and may be held as necessary in an effort to improve a student’s academic success.
Promotion or retention of students, or their required retaking of a course shall be primarily based on the following criteria.1 If there is doubt concerning the promotion or retention of a student or his/her required retaking of a course, a conference between the building principal, the student’s teacher(s), counselor, a 504/special education representative (if applicable), and the student’s parents shall be held before a final decision is made. The conference shall be held at a time and place that best accommodates those participating in the conference. The school shall document participation or non- participation in required conferences. If the conference attendees fail to agree concerning the student’s placement or receipt of course credit, the final decision shall rest with the principal or the principal’s designee.
Regardless of the student having earned passing grades, a student who falls under one of the following categories shall be considered for retention or shall not receive credit for the course associated with the assessment. The student:2

• does not take the State mandated assessment for the student’s grade level or course within the time frame specified by the State;

• takes the State mandated assessment but does not put forth a good faith effort on the assessment as determined by the assessment administrator/proctor.

The Superintendant or designee may wave this provision when the student’s failure was due to exceptional or extraordinary circumstances.3


Students who do not score proficient or above on their grade level Benchmark Exams shall be required to participate in an Academic Improvement Plan (AIP). Each AIP shall be developed by school personnel and the student’s parents and shall be designed to assist the student in attaining the expected achievement level. The AIP shall also state the parent’s role as well as the consequences for the student’s failure to participate in the plan, which shall include the student’s retention in their present grade.4

All students must successfully pass all end-of-course (EOC) assessments they are required to take unless exempted by the student’s individualized education program (IEP). To receive academic credit on his/her

transcript in a course requiring a student to take a EOC assessment, the student must either receive a passing score on the initial assessment or successfully participate in the remediation program identified in his/her Individualized Academic Improvement Plan (IAIP) which shall focus on the areas in which the student failed to meet the necessary passing score. Additionally, the lack of credit could jeopardize the student's grade promotion or classification.5
To the extent required by the State Board of Education, students in grade eleven (11) and below who do not meet the required score on a college and career readiness measurement shall participate in the remediation activities prescribed in his/her IAIP which may include additional opportunities to retake the measurement.
Such remediation shall not require the student to pass a subsequent college and career readiness measurement in order to graduate from high school.6
Promotion/retention or graduation of students with an IEP shall be based on their successful attainment of the goals set forth in their IEP.
In addition to the possibility of retention or withholding of course credit, students who either refuse to sit for a State assessment or attempt to boycott a State assessment by failing to put forth a good faith effort on the assessment as determined by the assessment administrator/proctor, or whose parents do not send their student to school on the dates the assessments are originally administered or scheduled as make-up days shall not be permitted to participate in any non-curriculum related extracurricular activity, including school dances, prom, homecoming, senior events, and may be prevented from walking or participating in graduation exercises. The student shall remain ineligible to participate until the student takes the same or a following State mandated assessment, as applicable, or completes the required remediation for the assessment the student failed to put forth a good faith effort on. The Superintendant or designee may wave this paragraph's provisions when the student’s failure was due to exceptional or extraordinary circumstances.3 Students falling under the provisions of this paragraph shall be permitted to attend curriculum related field trips occurring during the school day. 6

Notes:

Arkansas Department of Education (ADE) Standards for Accreditation requires a promotion and retention requirements policy be included in the student handbook.


1Insert the criteria your district uses for promotion/retention.
2This sentence and its associated bullets are optional and are designed to address the movement to have parents opt their child out of Common Core assessments. In addition to the footnote's following two paragraphs, please see the Background Cover letter for this policy that addresses the issue in greater depth.
A.C.A. § 6-15-2009(a) requires all students to take the State mandated assessments and A.C.A. § 6-15-2009(e)(2)(B) stipulates that the Superintendent shall be subject to discipline, up to and including license revocation, for failure to properly administer State mandated assessment requirements.

ASBA sees a parent's ability to opt out of assessments as the start of a very slippery slope that could evolve into parents believing they have the right to opt their child out of any and everything they choose. This could quite literally grind education to a halt. The U.S. Supreme Court has opined states have a wide range of power for limiting parental freedom and authority in things affecting the child's welfare and Arkansas law requires all students to take state administered assessments. Therefore, parents do not have the right to demand their child be exempted from state mandated assessments.


3 This sentence is optional but it would keep the policy from having "zero tolerance" (which we do not support) and give you latitude to accommodate instances beyond the student's control such as a car accident, serious illness, or other acts of God. If you choose to include the sentence, you may change "Superintendent" to "principal" if that would work better for your district. Keep in mind that the decision on who is responsible for deciding whether or not to grant an exception for extraordinary circumstances is a different and separate issue than deciding whether or not to promote or retain a student which is left in the hands of the school principal in the policy's previous paragraph. Be sure to align your decision for this footnote with the decisions you made concerning the policy's last paragraph and footnote #6.
4 If you divide this policy into upper and lower grades for inclusion in your student handbook and your grade configuration for this policy is 9th (or above) – 12, delete this paragraph.
5 If you divide this policy into upper and lower grades for inclusion in your student handbook and your grade configuration does not include grade 7 or above, delete this paragraph.
6 This paragraph is optional. Participation in graduation or extracurricular activities is not a right, and districts may legally place conditions on a public school student’s eligibility for participation (such as testing compliance), but districts cannot deny a diploma to an otherwise qualified student or deny a student the ability to attend school. If you choose to include the paragraph, the third to the last sentence may be amended to apply to a timeline of your choice. Be sure to align the staff position responsible for deciding whether or not to grant an exception with the decision you made for footnote #3.
Cross References: 3.30—PARENT-TEACHER COMMUNICATION

4.56—EXTRACURRICULAR ACTIVITIES - SECONDARY SCHOOLS

4.56.1—EXTRACURRICULAR ACTIVITIES - ELEMENTARY
Legal References: A.C.A. 6-15-433

A.C.A. § 6-15-2001

A.C.A. § 6-15-2005

A.C.A. § 6-15-2009

ADE Rules Governing the Arkansas Comprehensive Testing, Assessment, and Accountability Program and the Academic Distress Program

ADE Rules Governing Public School End-Of-Course Assessments and Remediation

Murphy v. State of Ark., 852 F.2d 1039 (8th Cir. 1988)
Date Adopted: Last Revised: 08-25-14
EXTRACURRICULAR ACTIVITIES – SECONDARY SCHOOLS 4.56
Definitions:
“Academic Courses” are those courses for which class time is scheduled, which can be credited to meet the minimum requirements for graduation, which is taught by a teacher required to have State licensure in the course or is otherwise qualified under Arkansas statute, and has a course content guide which has been approved by the Arkansas Department of Education (ADE). Any of the courses for which concurrent high school credit is earned may be from an institution of higher education recognized by ADE. If a student passes an academic course offered on a block schedule, the course can be counted twice toward meeting the requirement for students to pass four (4) academic courses per semester as required by this policy.
“Extracurricular activities” are defined as: any school sponsored program where students from one or more schools meet, work, perform, practice under supervision outside of regular class time, or are competing for the purpose of receiving an award, rating, recognition, or criticism, or qualification for additional competition. Examples include, but are not limited to, inter/intrascholastic athletics, cheerleading, band, choral, math, or science competitions, field trips, and club activities.
“Field Trips” are when individual students or groups of students are invited to programs or events when there is no competition and the students are not interacting with each other for the purpose of planning, qualifying, or arranging for future programs or for the purpose of receiving recognition.

“Interscholastic Activities” means athletic or non-athletic/academic activities where students compete on a school vs. school basis.1


“Intrascholastic Activities” means athletic or non-athletic/academic activities where students compete with students from within the same school.2
“Supplemental Improvement Program (SIP)” is an additional instructional opportunity for identified students outside of their regular classroom and meets the criteria outlined in the current Arkansas Activities Association (AAA) Handbook.
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