Pulaski County Board of Education
Student Code of Acceptable Behavior and Attendance Policy
Introduction
Mission Statement
The Pulaski County School System will provide a quality, comprehensive education
for all students. Through equity and academic excellence, we shall empower
students to become life-long learners and positive contributors in a global
society.
Student Code of Acceptable Behavior and Attendance Policy
The Pulaski County School System requires high standards of personal conduct
from all employees, parents, and students. It is expected that each respect the
rights of others as well as comply with state and federal law, the
administrative procedures and policies of the school district, and procedures
and policies of each individual school.
School officials are responsible for reporting to the proper authorities, which
includes the Board of Education, law enforcement having jurisdiction, the
Department of Community Based Services, and any applicable investigative body an
assault resulting in serious physical injury, a sexual offence, kidnapping, bomb
threat, arson, possession/use/transfer of unauthorized substances,
vandalism/theft/damage of more than $300, possession/use/transfer of dangerous
instruments/weapons, or possession of a firearm. Other violations may also be
reported.
Any person who threatens violence (both vocal and written expressions) or
commits violent acts against staff and/or students of the Pulaski County School
System may face felony charges under current Kentucky laws. School
administrators, teachers, or other school personnel may immediately remove or
cause to be removed, threatening or violent students from a classroom setting or
from the district transportation system pending any further disciplinary action
that may occur.
For the protection of students and staff, the district reserves the right to use
video surveillance of each building and campus as well as on district buses
regularly or periodically.
References: KRS 160.290; KRS 160.180; Board Policy 09.4; 09.438; 09.42
Code Development and Review
This Code was initially developed during the summer of 1988. Revisions have been
made since that time and may be made at anytime with proper notification to
parents and students.
Guidelines developed by the Kentucky Department of Education were used in the
initial development of this document. The Code was then approved by the Pulaski
County Board of Education and the Kentucky Department of Education. Revisions
made since that time have been mainly in policy changes as per Board action,
some of which were mandated by “The Safe School Act” (HB 330).
The Code is reviewed annually by a committee consisting of the administration
staff of the Pulaski County School System appointed by the Superintendent. The
committee recommends annual changes, which are then approved by the Board.
Annual Orientation to the Code
Each school shall develop an effective distribution and orientation process by
which student, parents, teachers, and administrators become fully familiar with
the Code. Teachers review the Code with students in the first week of the school
year. Copies are made available to students, parents, and employees. All new
students entering this system throughout the school year shall also receive a
copy of this Code. Any future amendments and revisions shall be distributed in
the same fashion. A copy of the Code is available at the Principal’s office at
each school and at the office of the Pulaski County Board of Education.
Implementation
The Superintendent/designee shall be responsible for overall implementation and
supervision of the Code and each Principal shall be responsible for
administration and implementation of the Code within each school.
The Principal at each school shall apply this Code and discipline uniformly and
fairly to each student at the school without partiality or discrimination. This
Code shall be referred to in all student handbooks. Under the provisions for
Kentucky’s school-based decision-making councils, school councils shall select
and implement the appropriate discipline and classroom management techniques
necessary to carry out this Code at the school level. For additional policies
specific to your child’s school, please refer to your child’s Student handbook,
which is an addendum to the District Code.
Section I: Attendance
All students are expected to be on time and attend class every day school is in
session. The progress of a student at school depends greatly on the punctuality
and regularity of attendance. Regular attendance in class is necessary if
students are to receive adequate guidance through their class work and benefit
from the discussions. The intent of this attendance procedure for the Pulaski
County School System is to provide a structure within which students can gain
maximum benefit from the instructional program.
Compulsory Attendance
Except as provided in KRS 159.030, each parent, guardian or other person
residing in the state and having custody or in charge of any child who has
entered the primary school program or any child between the ages of six (6) and
sixteen (16) shall send the child to a regular public day school for the full
term that the public school of the district in which the child resides is in
session, or to the public school the board of education of the district makes
provision for the child to attend. A child’s age is between six (6) and sixteen
(16) when the child has reached his sixth birthday and has not passed his
sixteenth birthday.
Any parent, guardian, or other person having in custody or charge any child who
has entered the primary school program or any child between the ages of six (6)
and sixteen (16) who removes the child from a school district during the school
term shall enroll the child in a regular public day school in the district to
which the child is moved, and the child shall attend school in the district to
which he is moved for the full term provided by that district.
An unmarried child between the ages of sixteen (16) and eighteen (18) who wishes
to terminate his/her public or nonpublic education prior to graduating from high
school shall do so only after a conference with the Principal or his/her
designee and a conference with the parent, guardian, or their custodian. Written
notification of withdrawal must also be received from the parent, guardian, or
other person residing in the state and having custody or charge of child. The
written notification shall be dated and the signature witnessed by the Principal
of the school or his/her designee where the child is in attendance. The parent(s)
and child shall be required to attend a one (1) hour counseling session with the
purpose of reviewing potential problems of non-graduates and offerings of
alternative educational opportunities. However, if truancy or other charges have
been filed prior to the request to withdraw, the withdrawal cannot be processed
without permission from juvenile services, the court, or other applicable
entity.
Within three (3) months of the date of a student’s withdrawal from school,
District personnel designated by the Superintendent shall contact each student
between the ages of sixteen (16) and eighteen (18) who has withdrawn from school
to encourage reenrollment in a regular, alternative, or GED preparation program.
If the student does not reenroll at that time, personnel shall make at least one
(1) more attempt toward reenrollment of the student before the beginning of the
next school year.
References: KRS 159.035; KRS 159.150; KRS 159.030; KRS 159.020; Board Policy
09.123
Excused Absences
When a student must be absent from school, arrive late, or leave early it is the
responsibility of the parent/guardian to write a note to the school where the
child is enrolled to inform the Principal of the reason for absence. Anytime a
student misses any part of a school day, a note or other valid documentation
must be submitted in order to determine if the absence is excused or unexcused
within five (5) school days of the absence. The written statement shall include
the full name of student, date or dates, reason and full signature of the
parent/guardian or medical professional. If a student receives an excused
absence, the student shall accept the responsibility to see the teacher and ask
what work is to be made up and shall complete make-up assignments within the
time specified by the school. Students shall have their absences excused only
for reasons designated in this policy as excused. Absences for reasons other
than those listed below will be unexcused and the student will not be allowed to
make up any work, including tests, unless approved by the Principal/designee.
Excused absences include:
1. Illness/injury. Parent notes will be accepted for student or family
illness/injury up to three (3) days per semester. After a student has used three
(3) parent days in one semester or six (6) parent days in a school year, a
doctor or dentist statement must be presented for the absence to be excused.
Forged parent notes may result in parent notes being disallowed by the Principal
or Director of Pupil Personnel.
2. Medical or dental appointments. Doctor statements will be accepted for
student absences up to ten (10) days per school year. After a student has used
ten (10) doctor days in a school year, no further absences will be excused
unless approved by the school’s Attendance Appeals Committee. Parents may
present any information to the school’s Attendance Appeals Committee but must
include a “Statement of Chronic Illness” form which can be obtained from the
school’s front office or attendance secretary. Requests and all documentation
for absences to be excused after a student has used ten (10) doctor days must be
made within five (5) school days of the absences. All decisions of the
Attendance Appeals Committee are final.
3. Order of a court with proper verification from the court.
4. Attendance at a funeral of a relative or close friend. (Must have prior
approval by Principal/designee)
5. Interviews or tests with college, vocational/technical school, or military
(Must have prior approval by Principal/designee)
6. Driver’s license or permit (1/2 day) limited to one occurrence.
7. Documented religious holidays. (Must have prior approval by
Principal/designee)
8. Educational enhancement opportunities. (Must have prior approval by
Principal/designee)
9. One (1) day for attendance at the Kentucky State Fair. (Must have prior
approval by Principal/designee)
10. Parent or Guardian called to federal active duty limited to one day for
deployment and one day for return.
11. Other valid reasons as determined by the Principal.
School sponsored trips and properly organized 4-H club activities in which the
student is accompanied by or under the supervision of a county extension agent
or a designated 4-H club leader for the 4-H club education activity are not
absences as they relate to the Attendance Policy. Students participating in such
trips are required to do work missed while away.
If due to an illness or an injury of the student, it is believed by the
Principal, assistant principals, teacher, counselor, family resource/youth
service center staff, or parent that a student will be absent from school for
five (5) or more days, efforts are to be made to place that student on homebound
instruction. Homebound referral forms, to be completed by the attending medical
authority, will be provided to the parent/guardian of the student by the school
or Director of Pupil Personnel.
Unexcused/Excessive Absences
Unexcused absences at any grade level will have an immediate impact on a
student’s academic performance and although students with excused absences may
make up tests and assigned homework, excessive absences of any nature may have a
direct impact on a student’s academic performance. Students with excessive
absences may be required to make up absences and referred to Extended School
Services (ESS), other after school programs, the Family Resource Youth Service
Center, and/or other applicable agencies as required or allowed by Kentucky
Revised Statue, Board, and/or Council Policy.
Any student, including students between the ages of 18-21, who has been absent
from school without valid excuse for three (3) or more times, whether it is for
a partial day or full day, is a truant. Any child who has been reported as a
truant two (2) or more times within one calendar year period is a habitual
truant.
Any student considered habitually truant (six or more unexcused absences or
tardies) must be referred to the office of the Director of Pupil Personnel and
the District Truant Officer. Truancy, by Kentucky Revised Statute, must be
reported to Juvenile Services and/or other applicable agencies and the student
and/or parents may be referred to court. The Principal/designee must notify
parents or students with excessive absenteeism in a prompt and timely manner and
school-parent conferences must be held to determine the causes of the
absenteeism. Documentation of meetings/home visits shall be kept by the school.
Section II: Law and Board Policy Violations
Disciplinary actions may range from student conference to expulsion depending on
the infraction and individual circumstances surrounding the incident. Common
disciplinary consequences include, but are not limited to, in-school suspension,
confiscation of items in question, referral to proper authorities, behavioral
contracts, counseling, special seating, mediation, alternative placements, and
restitution. Board policy and Kentucky statutes require certain penalties for
some offences. Listed are Law and Policy violations but are not meant to be an
all-encompassing list of conduct warranting disciplinary action.
Serious or repeated violations of school rules and Kentucky/federal laws may
result in the suspension or expulsion of a student. Kentucky statutes declare
that willful disobedience or defiance of authority, profanity or vulgarity,
assault, battery or abuse of other persons, threat or force of violence, use or
possession of alcohol or drugs, stealing, destruction or defacing of property,
carrying or use of dangerous weapons, or encouraging bad conduct on school
sponsored activities constitutes cause for suspension or expulsion.
School officials shall report to law enforcement officials as required by law
possession /use/transfer of unauthorized substances, vandalism or theft of more
than $300, bomb threat, arson, possession/use/transfer of dangerous
instruments/weapons, assault that results in serious harm, sexual offences,
kidnapping, and others as deemed appropriate by school or district personnel.
Abusive Language/Vulgarity
No student shall purposefully speak or behave in a profane, vulgar or obscene
manner. Students shall not cause, create or distribute nor attempt to cause,
create or distribute profane, vulgar, or obscene material.
References: Board Policy 09.425
Alcohol and Drugs
No pupil shall purchase, possess, attempt to possess, use, be under the
influence, sell, or transfer any of the following on school property, at any
location of a school-sponsored activity, or en route to or from school or a
school-sponsored activity:
1. Alcoholic beverages;
2. Controlled drug substances and drug paraphernalia;
3. Substances that “look like” a controlled substance. In instances involving
look-alike substances, there must be evidence of the student’s intent to pass
off the item as a controlled substance; or
4. Unauthorized prescription, OTC (over-the-counter), and other abused or
controlled substances.
Drugs Defined
Controlled substance means any substance or immediate precursor listed in
Chapter 218A of the Kentucky Revised Statues or any other substance which may be
added by the Kentucky Department of Health Services under regulations pursuant
to KRS 218A.010.
Penalty
Violation of this policy shall constitute reason for disciplinary action
including suspension or expulsion from school and suspension or dismissal from
athletic teams/extracurricular activity and/or other school-sponsored
activities. In addition, when they have reasonable belief that a violation has
taken place, Principals shall immediately report to law enforcement officials
when an act has occurred on school property or at a school-sponsored function
that involved student possession of a controlled substance on school property in
violation of the law.
Reporting
Employees of the District shall promptly make a report to the local police
department, sheriff, or Kentucky State Police, by telephone or otherwise, if
they know or have reasonable cause to believe that conduct has occurred which
constitutes the use, possession, or sale of controlled substances on the school
premises or within one thousand (1,000) feet of school premises, on a school
bus, or at a school-sponsored or sanctioned event.
The Superintendent shall establish a comprehensive and on-going
drug-free-/alcohol-free prevention program for all students which shall include
notice to students and parents of the following:
1. The dangers of drug/alcohol abuse in the schools;
2. The District’s policies and related procedures on drug-free/alcohol-free
schools;
3. The requirement for mandatory compliance with the District’s established
standards of conduct, including those that prohibit use of alcohol, drugs and
other controlled substances;
4. Information about available drug/alcohol counseling programs and available
rehabilitation/student assistance programs; and
5. Penalties that may be imposed upon students for drug/alcohol abuse
violations.
This program consists of two components:
1. Prevention and Awareness
2. Random Drug-Testing Program for school athletes, extra-curricular
participants, student drivers, and voluntary participants.
Prevention and Awareness Program
Educational Seminars. Each semester at least one (1) educational seminar on
alcohol and drug abuse shall be conducted by qualified substance abuse
educators. These seminars shall be accessible to middle and high-school
students.
Training in Drug Awareness. Teachers and staff will be given an opportunity to
receive training in drug awareness. Part of the training will enable each
teacher to incorporate drug awareness information into his/her current
curriculum. An increased teacher awareness of drug abuse signs and symptoms, as
well as methods of referral, will be a direct result of the training.
Instructional units on drug abuse, such as those currently taught in our health
courses, will be enhanced by this teacher education component.
Seminars for Parents/Guardians. Educational seminars for parents/guardians that
will address alcohol and other forms of drug abuse will be established in
conjunction with other school programming. The central purpose of these sessions
will be to provide parent/guardians with necessary information to assist with
drug prevention.
Prevention Curriculum. All grade levels shall receive tobacco/alcohol and/or
substance abuse prevention through existing curriculum. In addition, lesson and
activities are implemented on making healthy choices and staying drug-free.
Random Drug-Testing Program
The random student drug-testing program is based on a health and safety
rationale with the purpose of prevention. Drug use encourages truancy,
disruptive class behavior, bullying, violence, and interferes with learning
making it a threat to not only the drug users but to all students and teachers.
We recognize that the unlawful use of drugs seriously impairs the health,
safety, education, and future success of all students and adults in the school
environment.
The student drug-testing program is just one part of a larger, comprehensive
prevention and intervention effort to keep students safe from drugs.
Drug-testing programs are an effective means of identifying those in need of
drug counseling and discouraging others from ever starting. The goal is to keep
students from using drugs and to guide users into counseling or drug treatment.
Through participation in athletics/extracurricular activities and driving, using
illegal drugs pose a threat to their own health and safety, as well as that of
other students and adults.
Statement of Purpose. This program is intended to support the comprehensive
educational policies and strategies of the Pulaski County School District in
educating students and their parents/guardians as to the dangers inherent in the
unlawful use of drugs. The program is further intended to provide encouragement
to middle and high-school students who voluntarily choose to participate on
athletic/extracurricular teams and/or drive on school property to avoid such use
and to strive to benefit from effective rehabilitation when such use has
occurred.
Consistent with its purposes, this policy also seeks to achieve the following
objectives:
1. To protect Pulaski County students from impairing their health, safety,
education, and future success through the unlawful use of alcohol and drugs;
2. To protect Pulaski County students and their opponents from potential injury
during competition resulting from the unlawful use of alcohol and other drugs;
3. To protect Pulaski County student drivers, passengers, and others drivers
from potential injury resulting from the unlawful use of alcohol and other
drugs;
4. To assure students, parents/guardians, teachers, and the community that the
health, safety, education and future success of student participants are the
primary concerns of the Pulaski County School District.
In order to accomplish its purposes, this policy establishes a program for
procedures to deter the unlawful use of drugs and alcohol and to provide for
suspension and termination of participation on the athletic/extracurricular
teams and/or driving privileges, and/or school events when deterrence is
unsuccessful. To determine compliance with the policy, it provides a testing
program to identify student participants who are unlawfully using drugs. For
these students this policy provides incentives for rehabilitation through
possible reinstatement to the specific athletic/extracurricular team or campus
driving privileges.
Applicability. This policy applies to all students choosing to participate in
Southern Middle, Northern Middle, Pulaski County High, Southwestern High, and
Pulaski Central Alternative athletic/extracurricular team
(athletic/extracurricular teams covered by this Policy shall apply to: baseball,
softball, basketball, cheerleading, dance team, speech & drama, cross-country,
football, volleyball, swimming, golf, soccer, tennis, track, archery, academic
team, and competitive J-ROTC teams. The subsequent addition of any sport or team
shall immediately fall under the purview of this policy) and to students who
drive and/or park on school property. Any student who transfers into Southern
Middle, Northern Middle, Pulaski County High, Southwestern High School or
Pulaski Central Alternative and chooses to participate on an athletic
/extracurricular team or drive on campus, must sign the appropriate forms and
shall be subject to testing as outlined in Policy 09.423 and related Procedure.
Notice to Participants. All students who chooses to participate in any sport
and/or extracurricular activity outlined in this policy and parent/guardian of
that student shall be required to sign a statement (Random Drug-Testing Consent
Form) indicating that they have received, read, and understand and fully agree
to be bound by the terms, condition, and procedures under the Pulaski County
Board of Education Policy 09.423 and related Procedure.
Implementation, Review, and Evaluation. All student participants and their
parents/guardians must sign the “Random Drug-Testing Consent Form” before the
student shall be permitted to try-out for any athletic/extracurricular team at
the middle and high-school level or be authorized to drive or park on school
property. A Substance Abuse Prevention Committee shall be established and shall
have the overall responsibility for implementing this policy. The Committee may
consist of the school Principals, Head Coaches of the athletic teams, designated
sponsors of extracurricular activities, Athletic Director, Title IV Coordinator,
School Health Coordinator, Counselor, Superintendent, and Board Members.
Drug-Testing. Testing shall be accomplished by the analysis of specimen/s
obtained from the student participants. Collection and testing procedures shall
be established, maintained, and administered to ensure:
1. Randomness of selection procedures;
2. Proper student identification;
3. Identification of each specimen with the appropriate student participant;
4. Maintenance of the unadulterated integrity of the specimen; and
5. Integrity of the collection and testing process, as well as the
confidentiality of test results. (The specific testing process shall be on file
at the testing laboratory approved by the Board.)
Substances Tested. Students participants’ specimen/s shall be tested for the
following, which include, buy may not be limited to:
1. Cannabiniods/Marijuana (THC)
2. Amphetamines
3. Ecstasy
4. Cocaine
5. Phencyclidine (PCP)
6. Opiates
7. Barbiturates
8. Benzodiazepines
9. Propoxyphene
10. Methadone
11. Methaqualone
12. Other abused, illegal, or controlled substances as determined by the
Committee.
Self-Reporting. An extremely important component of this program is to allow
students to self-report if they have used or are using any drug. Students who
self-report before being selected to drug testing will fulfill the following:
1. Student shall submit to an immediate drug test. If the test returns positive,
the student will be suspended from team practice, conditioning, competition,
and/or driving privileges. Students may neither condition on school property nor
during school time.
2. Student shall submit to weekly drug tests until test returns negative.
Student may then resume team and/or driving privileges. However, students shall
submit to drug testing each time random testing is performed for one calendar
year.
3. Student must enroll in their school’s Student Assistance Program (SAP) and
positively participate and complete a SAP support group and/or Substance Abuse
Counseling program.
4. Student’s failure to submit to drug testing or participate in the
SAP/Substance Abuse Counseling will cause student to be suspended from
athletic/extracurricular activities and/or driving privileges according to
stated sanctions.
Sanctions.
First Violation
1. A student testing positive will be suspended from four (4) weeks of the
athletic/extracurricular season or off-season practice/conditioning. Student
drivers may be denied permission to drive and/or park on school property for the
next four (4) consecutive weeks of school. The suspension will begin the date
that the results are received. If necessary, the suspension shall carry over to
the student’s subsequent participation on another athletic /extracurricular team
the following season. Student may sit in on team practices, but can in no way
participate in team practice, conditioning, and/or competition. Students may
neither condition on school property nor during school time. The student must
also enroll in their school Student Assistant Program/Substance Abuse Counseling
Program and observe the requirements of the program, including attendance with a
positive attitude.
Before reinstatement after the first violation, the student participant must
receive an assessment or evaluation for chemical dependency. Prior to
readmission to participation to the athletic/extracurricular team or
reauthorization to drive on campus, the student must submit to a new drug test
administered by the district qualified personnel. A positive result shall be
treated as a second violation. In addition, the student will be drug tested for
one year each time random drug-testing is administered. A positive result will
be treated as a second violation.
2. If a student is reinstated to the athletic/extracurricular team or driving
privileges following the first violation, the student’s participation in another
activity shall not be restricted solely because of the existence of the first
violation, as long as the student has completed the period of suspension,
successfully participated in the Student Assistant Program and was appropriately
reinstated to the prior activity. If the student elects not to seek
reinstatement to the activity after a first violation (either because of the
student’s own election or because the season concluded prior to the expiration
of the student’s period of suspension), the student is still required to serve
the unexpired portion of the suspension before becoming eligible for
participation of any other sport/extracurricular activity.
The student must complete all forms required for participation on another
extracurricular activity and the student must submit to a new drug test
administered in accordance with the same procedure utilized for random drug
testing. A positive result shall be treated as a second violation.
Second Violation
1. For a second violation, (a positive test result within one year of
reinstatement into the extracurricular team/driving privileges) the student
participation shall be suspended for the next twelve (12) weeks of the
athletic/extracurricular season or off-season practice/conditioning. Student
drivers with a second violation may be denied permission to drive and/or park on
school property for the next twelve (12) consecutive weeks of school. If
necessary, the suspension shall carry over to the student’s subsequent
participation on another athletic/extracurricular team the following season.
Student may sit in on team practices, but can in no way participate in team
practice, conditioning, and/or competition. Students may neither condition on
school property nor during school time. The student must also enroll in their
school Student Assistant Program and observe the requirements of the program,
including attendance with a positive attitude.
Before reinstatement to the activity after a second violation, the student
participant must successfully complete recommendations that resulted from the
chemical dependency assessment as evidenced by a written statement to that
effect issued by a substance abuse and/or treatment counselor. The student must
submit to a new drug test administered by district qualified personnel. A
positive result shall be treated as a third violation. In addition, the student
will be drug tested for one year each time random drug-testing is administered.
A positive result will be treated as a third violation.
2. If a student is reinstated to the activity following a second violation, the
student’s participation in another activity shall not be restricted solely
because of the existence of the second violation, as long as the student has
completed the period of suspension and the required chemical dependency program
and was appropriately reinstated to the prior activity. If the student elects
not to seek reinstatement to an activity after a second violation (either
because of the student’s own election or because the season concluded prior to
the expiration of the student’s period of suspension), the student is still
required to serve the unexpired portion of the suspension before becoming
eligible for any other extracurricular activity.
Third Violation
(A positive test result within one year of reinstatement into the
extracurricular team/driving privileges) The student participation or driver
shall be excluded from participation in any sport/extracurricular activity or
driving privileges on campus for one calendar year.
Masking. If evidence exists that a sample has been adulterated or tampered with
in any way to give a false or inconclusive result, the sample will be treated as
a positive result, therefore sanctions based on this policy will take affect. If
the sample indicates no concrete evidence of drug use, but there is the
possibility the sample is not normal (e.g. dilution), the student may be subject
to testing at future random drug testing dates.
Any refusal by a student participant to be tested shall result in the immediate
suspension of the student from all athletic/extracurricular teams or driving on
school campus for one calendar year. The student’s parent or legal guardian
shall be notified by the Principal of the refusal and suspension from
participation on an athletic/extracurricular team or driving privileges.
If the student does not produce a specimen within an acceptable amount of time,
except due to a medical condition prohibiting the ability to produce a specimen,
the test will be considered as a positive result and will cause the student to
be suspended from athletic/extracurricular activities and/or driving privileges
according to stated sanctions.
Cost of Testing. The Pulaski County Board of Education shall be responsible for
the cost of random drug testing on student athletes/extracurricular participants
and drivers. Subsequent testing cost due to a first, second or third offense
shall be at the request and the responsibility of the student.
References: OAG 82 633; KRS 160.290; KRS 161.180; KRS 218A.020; KRS 158.150; KRS
158.154; KRS 158.155; Clark County Board of Education vs. Jones, KY. App., 625
S. W. 2d 586 (1981). Board of Ed. of Tecumseh Public School District,
Independent School Dist. No. 92 of Pottawatomie City. v. Earls, U.S 242 F.3d
1264 (2002). Improving America's Schools Act of 1994 (IASA), Title IV: Safe and
Drug Free Schools and Communities; OAG 93 32; Board Policy No. 9.2241
Assault/Threats
Any student who assaults, batters, or physically, sexually or verbally abuses a
teacher, another student or other school personnel shall be subject to
appropriate disciplinary action up to and including expulsion from school and/or
legal action. When they have reasonable belief that a violation has taken place,
Principals shall immediately report to laws enforcement officials when an act
has occurred on school property or at a school-sponsored function that involves
assault resulting is serious physical injury, a sexual offense, kidnapping or
each instance of assault involving the use of a weapon.
In addition, students shall not cause, attempt to cause, or threaten to cause
injury to another person. Students shall not cause, attempt to cause, threaten
to cause or participate in an act of hate violence.
References: KRS 158.150; KRS 160.290; KRS 161.190; KRS 161.195; Board Policy No.
9.425
Bullying/Hazing
Students shall not engage in behaviors such as bullying, hazing, menacing,
taunting, or other threatening behavior. Any student who engages in behavior
that is sufficiently severe, pervasive, or objectively offensive that it denies
or limits another students’ ability to participate in or receive the benefits,
services or opportunities of the school’s program or creates a hostile/abusive
educational environment, shall be subject to appropriate disciplinary actions.
When a complaint is received that does not appear to be covered by this policy,
administrators shall review other policies that may govern the allegations,
including but not limited to, 09.425, 09.426 and/or 09.42811. Policy 09.42811
shall govern Harassment/discrimination allegations.
References: KRS 160.290; KRS 160.340; KRS 158.150 Board Policy No. 09.422
Cheating/Forgery
Cheating in academic or athletic activities or the act of falsely using the name
of another person or falsifying documents shall not be tolerated. The offending
student shall be subject to appropriate disciplinary action, including, but not
limited to, loss of privileges and removal of the student from school, class, or
school related activity.
References: Board Policy 09.4293
Destruction of School Property (Theft/Vandalism/Arson)
Any student, organization, or group of students participating in activities that
destroy, deface, damage or remove school property or personal property on school
property or at school-sponsored activities shall be subject to suspension or
expulsion and liable for the cost of restoring the property.
In addition, when they have reasonable belief that a violation has taken place,
Principals shall immediately report to law enforcement officials when an act has
occurred on school property or at a school-sponsored function that involves
damage to school property. For the purposes of determining when to make this
report, damage to school property shall refer to instances involving intentional
harm and damage beyond minor loss or breakage, excluding normal wear and tear.
Students shall be held responsible for damages to school property. Parents shall
be liable for property damage caused by their minor children.
References: KRS 157.140; KRS 405.025; KRS 158.150; KRS 160.290; 740 KAR 3:450
(20); Board Policy 09.421
Disrupting the Educational Process
Behavior, which is disruptive of the educational process, shall not be tolerated
and shall subject the offending student to appropriate disciplinary action. For
purposes of this section, behavior, which disrupts the educational process,
shall include, but not limited to:
1. Willful disobedience or defiance of authority of teachers or administrators;
2. Conduct which threatens the health, safety, or welfare of others;
3. Conduct which may potentially damage property;
4. Illegal activity; or
5. Conduct which interferes with or hinders the orderly administration of the
school and school-related activities
References: KRS 160.290; KRS 158.150; Board Policy 09.426
Dress and Appearance
The wearing of any attire, cosmetics, presentation of extraordinary personal
appearance, or any unsanitary body conditions, which in the judgment of the
Principal significantly disrupts schoolwork, interrupts scholastic endeavors, or
threatens the health and/or safety of other students, is prohibited. Repeated
violations may result in suspension from school.
References: OAG 73-233; OAG 73-28; Board Policy 09.427
Electronic Resources: Internet and Telecommunication Devices
We are pleased to offer students access to the district computer network and the
Internet. However, access is a privilege – not a right. To gain independent
access to the Internet, all students under the age of 18 must obtain parental
permission and must sign and return the form located at the front of the Code to
the school. Students 18 and over may sign their own names. Access to network
services is given to students who agree to act in a responsible manner. Students
are responsible for good behavior on school computer networks just as they are
in the classroom. Violations may result in loss of access as well as other
disciplinary or legal action. The following are not permitted:
1. Sending or displaying offensive messages or pictures;
2. Using obscene language;
3. Harassing, insulting, or attacking others;
4. Damaging computer systems or computer networks;
5. Violating copyright laws;
6. Using another’s password;
7. Trespassing in another’s folder, work, or files;
8. Intentionally wasting limited resources; or
9. Using the network for commercial purposes
Communications on the network are often public in nature and users of the
district computer networks are responsible for their behavior and communications
over those networks. Network storage areas may be treated like school lockers.
Network administrators may review files and communications to maintain system
integrity and ensure that users are using the system responsibly. Users should
not expect that files stored on district servers will be private. It is presumed
that users will comply with district standards and honor the agreements they
have signed. Beyond the clarification of such standards, the district is not
responsible for restricting, monitoring, or controlling the communications of
the individuals using the network.
Students shall not utilize a telecommunication or similar electronic device in a
manner that would violate the District’s Acceptable Use policy or procedures or
this Code. Each school SBDM Council shall develop and govern policy regarding
possession and use of telecommunication devices.
References: Board Policy 09.4261; 08.2323
Gambling
Gambling of any nature on school premises, on the way to and from school, or at
school-sponsored or school-related activities is prohibited. Violation shall
constitute reason for appropriate disciplinary action.
References: Board Policy 09.4292
Harassment/Discrimination
Harassment/Discrimination is intimidation by threats of or actual physical
violence; the creation, by whatever means, of a climate of hostility, or
intimidation; or the use of language, conduct or symbols in such manner as to be
commonly understood to convey hatred, contempt, or prejudice or to have the
effect of insulting or stigmatizing an individual. Harassment/Discrimination is
behavior based on race, color, national origin, age, religion, marital status,
political beliefs, sex or disability that is sufficiently severe, pervasive, or
objectively offensive that it adversely affects a student’s education or creates
a hostile or abusive educational environment.
Those who engage in harassment/discrimination of an employee or another student
on the basis of race, color national origin, age, religion, marital status,
political beliefs, sex, or disability shall be subject to disciplinary action
including but not limited to suspension and expulsion. Conduct and/or actions
prohibited under this policy include but are not limited to:
1. Name calling, stories, jokes, picture, or objects that are offensive to
protected categories;
2. Unwanted touching, sexual advances, requests for sexual favors, and spreading
sexual rumors;
3. Members of one gender in a class being subjected to sexual remarks of the
other gender in the context of the classroom;
4. Impeding the progress of a student in class by questioning the student’s
ability to do the required class work based on protected categories;
5. Limiting student’s access to education tolls, such as computers, based on
protected categories;
6. Causing a student to believe that he or she must submit to unwelcome sexual
conduct in order to participate in a school program or activity or that an
educational decision will be based on whether or not the student submits to
unwelcome sexual conduct;
7. Teasing a student’s subject choice or assignment based on protected
categories;
8. Any nicknames, slurs, stories, jokes, written materials or pictures that are
lewd, vulgar, or profane and relate to any of the protected categories;
9. Implied or overt threats of physical violence or acts of aggression or
assault based on any of the protected categories;
10. Seeking to involve students with disabilities in antisocial, dangerous or
criminal activity where the students, because of disability, are unable to
comprehend fully or consent to the activity; and
11. Destroying or damaging an individual's property based on any of the
protected categories.
Students or employees who believe they have been a victim of an act of
harassment/discrimination or who have observed incidents involving other
students that they believe to be an act of harassment/discrimination shall
report it. In each school building, the Principal is the person responsible for
receiving reports of harassment/discrimination. Otherwise, reports of
harassment/discrimination may be made directly to the Superintendent.
Additionally, if sexual discrimination or harassment is being alleged, reports
may be made directly to the District Title IX Coordinator. Without a report
being made to the Principal, Superintendent or Title IX/Equity Coordinator, the
District shall not be deemed to have received a complaint of harassment/
discrimination.
The Superintendent shall develop procedures providing for:
1. Investigation of allegations of harassment/discrimination to commence as soon
as circumstances allow, but not later than five (5) school days of submission of
the original written complaint. A written report of all findings of the
investigation shall be completed within thirty (30) calendar days, unless
additional time is necessary due to the matter being investigated by a law
enforcement or governmental agency.
2. A process to identify and implement, within five (5) school days of the
submission of the written investigative report, methods to correct and prevent
reoccurrence of the harassment/discrimination. If corrective action is not
required, an explanation shall be included in the report.
3. Annual dissemination of written policy to all staff and students;
4. Age-appropriate training during the first month of school to include an
explanation of prohibited behavior; and
5. Development of alternate methods of filing complaints for individuals with
disabilities and others who may need accommodation.
Within twenty-four (24) hours of receiving a serious allegation of
harassment/discrimination, District personnel shall attempt to notify parents of
both student victims and students who have been accused of
harassment/discrimination.
Upon the completion of the investigation and correction of the conditions
leading to the harassment/discrimination, any party may appeal any part of the
findings and corrective actions to the Superintendent. If a supervisor is an
alleged party in the harassment/discrimination complaint, procedures shall also
provide for addressing the complaint to a higher level of authority. Failure by
an employee, Principal, and/or Superintendent to initiate an investigation of
alleged harassment/discrimination, to follow approved procedures, or to take
corrective action shall be cause for disciplinary action. District employees
involved in the investigation of complaints shall respect, as much as possible,
the privacy and anonymity of both victims and persons accused of violations.
No one shall retaliate against any employee or students because he/she files a
written grievance, assists or participates in an investigation or proceeding, or
because he/she has opposed language or conduct that violates this policy.
Deliberately false or malicious complaints of harassment/discrimination may
result in disciplinary action taken against the complainant.
References: 42 USC 2000e; US Supreme Court-Franklin vs. Gwinnnett County; Civil
Rights Act of 1964 Title VII; 20 U.S.C. 1681, Education Amendments of 1972,
Title IX; 34 C.F.R. 106.1-106.71, U.S. Department of Education Office for Civil
Rights; Board Policies 03.162; 03.262; 09.13; 09.227; 09.422; 09.426; 09.42811
Weapons
Carrying, bringing, using, or possessing any weapon in any school building, on
school grounds, in any school vehicle, or at any school-sponsored activity is
prohibited. Violation of this policy by students shall require that the
Principal immediately make a report to the Superintendent, who shall determine
if charges for expulsion from the District schools should be filed under Policy
09.435. When they have reasonable belief that a violation has taken place,
Principals shall immediately report to law enforcement officials when an act has
occurred on school property or at a school-sponsored function that involves
student possession of a firearm in violation of the law or assault involving the
use of a weapon. In addition, employees of the District shall promptly make a
report to the local police department, sheriff, or Kentucky State Police, by
telephone or otherwise, if they know or have reasonable cause to believe that
conduct has occurred which constitutes the carrying, possession, or use of a
deadly weapon on the school premises or within one thousand (1,000) feet of
school premises, on a school bus, or at a school sponsored or sanctioned event.
Violations by visitors shall also be reported to a law enforcement agency.
Students who are found to possess a firearm will be expelled for not less than
one calendar year from their regular school setting. However, the Board may make
modifications on a case-by-case basis and follow IDEA requirements.
Any instrument that is capable of causing harm to another person may be
considered a weapon.
For state reporting purposes, a deadly weapon shall be defined as a weapon of
mass destruction; any weapon from which a shot, readily capable of producing
death or serious physical injury, may be discharged; any knife other than an
ordinary pocket knife or hunting knife; billy, nightstick or club; blackjack or
slapjack; nunchaku karate sticks; shuriken or death star; or artificial knuckles
made from metal, plastic, or other similar hard material.
References: KRS 527.20; KRS 527.070; KRS 500.080; KRS 158.150; KRS 158.154; KRS
158.155; KRS 160.340; KRS 161.790; KRS 237.110; KRS 508.075; KRS 508.078; The
Gun-Free Schools Act of 1994; Board Policy 5.48
Section III: Transportation
Bus Transportation
This Code applies to all students while at school, on their way to and from
school, while on the bus, and while they are participating in school-sponsored
trips and activities. The bus is an extension of the student’s school and all
district and school behavioral expectations apply in the same manner as if a
student were in the school building or on school grounds. Consequences for bus
violations will be consistent with consequences for similar school violations as
outlined in this Code. However, violations that endanger the safety and welfare
of students and/or driver of the bus may carry more severe consequences than a
similar violation in a non-bus setting.
The privilege of any student to ride a school bus is conditioned upon his/her
good behavior. The conduct of students on a school bus has a direct relationship
to safety. There is no room for variance from the rules and regulations, as any
variance could endanger the safety and welfare of several children. Drivers are
in charge of their buses, and their first responsibility shall be to the safe
transportation of their passengers. Should the conduct of a student on the bus
endanger the safety and welfare of other individuals, and the offending student
fails to cease such conduct when requested to do so by the driver, it shall be
the duty of the driver to put the offender off the bus at the first opportune
moment and report his/her action to the Principal as soon as possible in
compliance of KAR 5:808. This will be done only in extreme cases and as a last
resort to protect other students on the bus.
Conduct that is distracting or might interfere with the driver’s concentration
or ability to hear or that may endanger others will not be tolerated including
violations listed in this Code and bus specific violations including but not
limited to throwing articles or objects in or from the bus; refusing to sit in
assigned seat; verbally or physically abusing the driver; having body parts
and/or other items out of windows; obstructing the aisle in any manner;
occupying more space in a seat than is needed; refusing to allow another
passengers to sit down; possessing any weapons, fireworks, glass containers,
live animals, water guns, squirt bottles, or balloons; and eating and drinking
on the bus. In addition, only the following instruments may be transported on
the school bus: trumpet, flute, piccolo, clarinet (B-flat and base), oboe,
violin, viola, trombone, saxophone, and French horn.
Any student who violates this Code shall be reported to the Principal of the
school for disciplinary actions. The disciplinary action taken will depend on
the nature of the student's behavior. If the behavior is severe and jeopardized
the safety and welfare of others, suspension can occur with the first offense
and be immediate. For less serious infractions, the stated range of consequences
will be given to the student by the Principal as appropriate. Written notice of
the action taken by the Principal shall be furnished to the parents or guardian
and to the director to transportation; however, such notice need not precede the
action of the Principal. Video cameras will be in use to record student
activities on the bus, and the tape will be used as evidence in disciplinary
hearings. The parents or guardians may be held responsible for restitution of
any damages, beyond normal usage, inflicted by their child.
The Principal is authorized to withhold bus riding privileges up to a maximum of
ten (10) school days per occurrence and in the case of habitual or serious
conduct violation may withhold bus riding privileges for the remainder of the
school year. If a student is suspended from one school bus, he/she is suspended
from all other buses as well. A school bus suspension is not an excused absence
from school. Students will be expected to be at school each day of their bus
suspension.
When actions taken by the driver or other school employees are not supported by
the parent or guardian, the proper channel for the hearing of the issues shall
follow the same grievance procedures as applied to other violations.
For your child’s safety and the safety of others, students should:
Prior to Loading (on the road and at school)…
1. Students shall be at their bus stop at least 5 minutes before bus is
scheduled to arrive. The bus cannot wait for those who are late.
2. Students are to wait until the bus has come to a complete stop and driver
signals before moving toward the bus and attempting to board.
While on the Bus….
1. The driver is in full charge of the bus and the students. Students shall
comply fully and promptly with the driver’s instructions and without arguing
viewpoints.
2. Upon boarding the bus, students shall immediately be seated and remain in
that seat for the remainder of the route, unless given permission by the driver
to change seats.
3. The driver shall assign seats on the bus, and students shall sit in their
assigned seat.
4. Students shall not mar or otherwise deface the bus.
5. Students are not to tamper with mechanical equipment, accessories or controls
of the bus.
6. Students are to refrain from loud talking, excessive noise, and unnecessary
movement, which can divert the driver’s attention and may result in an accident.
7. Students are not to throw litter of any kind on the floor of the bus.
8. Students shall keep all body parts and clothing inside the bus at all times.
9. Students shall never leave the bus through the rear door, except during an
emergency situation or when directed during an evacuation drill.
10. In case of a road emergency involving the bus, or the bus and another
vehicle, the students are to remain in the bus, unless given other instructions
by the driver.
11. Buses are not permitted to transport any item (including backpacks or gym
bags) that the student cannot hold in his/her lap without the item protruding
into another student’s space or extending above the seatback in front of that
student.
Leaving the Bus…
1. Students are to remain in their seats until the bus has come to a complete
stop before standing, entering the aisle and attempting to leave the bus at
school or at their bus stop.
2. The driver will not let students off the bus at places other than the regular
bus stop at home or at the school attended without written authorization of the
parent signed by the principal/designee.
3. Students who must cross the road after leaving the bus shall cross at least
ten (10) feet in front of the bus after a signal from the bus driver.
The Board will make a reasonable effort to pick up students near their homes on
public roads and streets, subject to these limitations:
1. Students will be required to walk to certain specified points to be picked up
on the public roads where traffic hazards would not make it feasible to stop the
school bus in front of their homes.
2. Students living close together will be required to assemble themselves at a
central point to be picked up by the school bus.
3. In general, in the subdivision areas, stops will be made at designated
points.
4. Where back-tracking is required, buses will not run spurs of 2/10 of a mile
or less by the nearest traveled road except on highways where traffic or other
safety conditions make walking extremely dangerous.
Plan B
There will be days when it is necessary to completely close school because of
hazardous road conditions. Please have a plan in place for your child to stay
with neighbors or relatives in the event you cannot stay at home. Under Plan B,
only cleared, safe roads will be traveled by our buses. Bus drivers will inform
all students where their Plan B pick-up and drop-off location will be. Please
make sure you and your child know the designated bus stop. Be prepared to get
your child to the Plan B bus stop when we are operating under this plan. Be
prepared for a time delay. When schools are operating under Plan B, schools may
begin at the usual time or be on a time delay. A time delay could also be in
effect when buses are running regular routes. Local media sources will always
announce any changes in transportation routes and times. Once implemented, plan
B will remain in effect for the entire school day due to the impossibility of
notifying all parents of changes.
Driving and Parking Areas
With parental request and under conditions prescribed by the school Principal,
high school students may be permitted to drive motor vehicles onto the school
grounds. Vehicles shall be parked in designated areas on the school campus and
are not to be visited or moved during the school day unless the Principal gives
permission.
There is no “right” for any student to drive a personal motor vehicle to school
or to store or park the same on school premises. Any student who drives to
school must park in his/her designated school area only. All students who drive
to school shall have agreed to all rules and regulations of the school to which
such transportation is permitted. The applicable rules and regulations shall be
in writing and copies shall be made available from the school Principal. No
student-operated motor vehicles shall be parked on school property without the
student operating the same having waived all claims of privacy pertaining to
such vehicle.
No Pass/No Drive Law
In accordance with KRS 159.051, when a student age sixteen (16) or seventeen
(17) drops out of school or is declared to be academically deficient, the
Superintendent shall report the student’s name and Social Security number to the
Transportation Cabinet. As soon as possible thereafter, the cabinet shall notify
the student that his/her operator’s license, intermediate license, permit, or
privilege to operate a motor vehicle has been revoked or denied. A student shall
be deemed to have dropped out of school when he/she has nine (9) or more
unexcused absences in the preceding semester. Any absences due to suspension
shall be unexcused absences. A student shall be deemed to be academically
deficient when he/she has not received passing grades in at least (4) courses,
or the equivalent of four (4) courses in the preceding semester. The report
shall be made at the end of each semester but may be made earlier in the
semester for accumulated absences.
In order for a student to have his/her license reinstated, a request for a
hearing can be made to the District Court Office. A student may reapply for
his/her driver’s license as early as the end of the semester during which he/she
enrolls in school and successfully completes the educational requirements. A
student shall provide proof issued by his/her school within the preceding sixty
(60) days that he/she is enrolled and is not academically deficient. A student’s
privileges of driving on school property is revoked when the report is made to
the Transportation Cabinet. Driving privileges will resume with license
reinstatement.
References: KRS 159.051; KAR 005:080; KRS 158.150; KRS 158.110; 702; KRS
159.051; KAR 005:050; 702 KAR 005:090; 702 KAR 005:100; 704 KAR 7:050; 704 KAR
7:100; OAG 77-419 Board Policy 09.4294; 09.223; 09.226; 09.425; 09.434; 09.438
Section IV: Procedural Guidelines
Alternative Intervention Education
The Principal/designee shall notify the parents by letter, telephone, or
conference of their child’s assignment to a school-based alternative education
program. The letter shall include length and reason for assignment, expected
behavior of the student, and notification that assignment may be extended or
shortened depending upon the attitude and cooperation of the student.
Opportunities shall be provided for the student to continue regular schoolwork
under the supervision of the school staff and counseling and therapeutic
services shall be provided to address school-related problems.
For conduct that disrupts the educational process, a student may be assigned to
an off-campus alternative education program by the Superintendent/designee. The
Superintendent/designee shall determine the duration of assignment.
References: 704 KAR 7:050; OAG 77-419; Board Policy 09.4341
Corporal Punishment
Corporal punishment may be administered in the Pulaski County School System
under the following guidelines if approved by the school council or Principal in
schools without councils.
1. It is defined as punishment administered with a paddle to the buttocks of a
student.
2. Before corporal punishment is administered to any student in a public school,
the student’s school or district shall have on file a form with the student’s
parent/guardian’s signature indicating permission for the parent/guardian’s
child to receive corporal punishment. For those students without such
parental/guardian permission, parents shall be contacted to discuss alternative
punishment or misbehavior.
3. Corporal punishment may be administered by a certified staff member, but only
in the presence of another certified employee. At the middle and/or high school,
the certified staff member who administers corporal punishment or the witness
shall be the same gender as the students being punished.
4. Official witnesses shall be informed beforehand, and in the student’s
presence, of the reason(s) for the use of corporal punishment.
5. Corporal punishment shall not be administered in the presence of other
students.
6. Principals and certified staff shall keep accurate records on the use of
corporal punishment. Such records shall list the student’s name, age, gender,
race, and educational status. Theses records shall include written account of
the circumstances, including past and present student behaviors, resulting in
the punishment and a description of the punishment.
7. Prior efforts to work with the student, student’s parent/guardian, and school
staff shall also be noted. Each use of corporal punishment shall be documented
by a written record that includes the student’s name, age, gender, race,
educational status, and required parental permission; the name and the gender of
person administering the punishment; and the names and gender of witnesses. The
written record shall also include a complete description of the circumstances
requiring this punishment, including the misbehaviors for which the punishment
was administered, the severity of the punishment recorded by the number of
strikes administered, a listing of previous misbehaviors of the student and the
intervention utilized to correct the misbehaviors preceding corporal punishment
and all previous attempts to work with the student, parent, and school staff
prior to this incident. The certified employee, who administers the punishment,
as well as the official witnesses, shall provide written verification of this
information. The records required to document the administration of corporal
punishment also shall include forms required by the US Office of Civil Rights
for student receiving corporal punishment. Each school shall maintain a list of
students who have received corporal punishment in that school during the current
school year. A list of the names of all students who have received corporal
punishment in district schools during the current school year shall be
maintained in the Central Office.
8. The administrator of the corporal punishment, as well as the official
witnesses, shall provide written verification of this information. Complete
copies of these reports shall be filed for at least three years as required by
the Kentucky Department of Education. The student’s parent/guardian shall also
receive a copy of the reports.
9. Schools and districts, which permit corporal punishment, shall maintain a
current list of all the students who receive corporal punishment during the
district’s school year. A written behavior improvement plan shall be developed
for those students who received two or more acts of corporal punishment during
the current school year. This written behavior improvement plan shall be
developed with input from the student, the student’s teacher(s), and other
appropriate school personnel. This plan shall have the goal of eliminating the
need for further corporal punishment for the student. For students identified as
having an education disability and receiving special education services, this
behavior improvement plan shall be considered by the student’s Admission and
Release Committee for inclusion in or consistency with the Individualized
Education Plan (IEP).
10. The parents/guardians of all children receiving any act of corporal
punishment shall receive notification of the acts within seven calendar days for
the act’s occurrence. District and schools shall develop policies for
implementation of this parental notification process. Within one (1) school day
of the occurrence, the principal or designee shall notify the student’s parents
in writing that corporal punishment has been administered on their child. This
notification shall be sent by certified mail, return receipt required.
References: Board Policy 09.433; 704 KAR 7:056; OAG 78-704; OAG 69-534; OAG
75-693; KRS 160.290; KRS 160.340; KRS 161/180; KRS 503.110; 704 KAR 7:056
Detention
The principal or his/her designee may establish a detention hall as an
alternative disciplinary method. A student’s parent/guardian shall be notified
prior to the detention so that transportation may be arranged by the parent.
References: KRS 160.290; KRS 160.340; Board Policy 09.432
Disciplinary Probation
As an alternative disciplinary method, the Principal may place a student on
probation. Prior to placing the student on probation, the Principal shall
convene a conference involving the student, the student’s parent(s)/guardian(s),
a guidance counselor and one or more teachers. The purpose of the conference
shall be to develop a behavioral contract. The behavioral contract shall include
the name and title of each person involved, behavior required or expected of the
student, length of probation and consequences of violating the agreement. The
contract becomes effective when signed by the student, parent/guardian and the
Principal or his designee.
References: Board Policy 09.4342
Dismissal from School or a School-Sponsored Activity
At any time students are dismissed from school, they shall be released according
to the written instructions provided by the custodial parent/guardian. The
instructions, which shall be requested at the time the student registers/enrolls
for the school year, shall include the student's regular mode of transportation
at the end of the day and a list of persons, in addition to the custodial
parent/guardian, who are authorized to pick up the child from school. Any
deviation from the authorized release process must be approved by the
Principal/designee prior to the student departing school in another manner.
It shall be the responsibility of the custodial parent/guardian to notify the
school in writing if release instructions are to be revised. If written
instructions are not provided to the school, the student shall only be released
to ride home on the assigned bus or with the custodial parent/guardian.
No student shall be dismissed early from a school-sponsored activity without
permission from the Principal or the Principal's designee. Any student who
leaves the school grounds or a school-sponsored activity at any time without
permission shall be subject to appropriate disciplinary action.
During the school day, the Principal or the Principal's designee may permit
students to leave school property if:
1. The student is in the company of a parent or guardian who has legal custody;
2. The student's custodial parent/guardian has given written permission or has
verified consent for the student to keep an appointment;
3. The student is accompanied by a school employee;
4. The student is engaged in a school activity or other authorized cooperative
program;
5. The student has a valid work permit and is presently employed in a job
requiring early dismissal; or
6. The student is an emancipated minor.
If the student is to be picked up early from school the custodial
parent/guardian or designee shall report to the Principal’s office and sign for
the student's release. Each school shall maintain a daily entry and exit log of
students signing in late or signing out early and shall require proof of
identification from individuals (visual identification by an employee, driver's
license, picture identification, etc.) to assure that they are authorized to
pick up the student.
A student who participates in a school-sponsored activity outside of the school
day and under the supervision of a Board employee may be released prior to the
conclusion of the activity if the student has approval from the Principal and
written permission or verification of consent from his custodial
parent/guardian; the student is an emancipated minor; or the supervisory
employee releases the student to a parent/guardian who has legal custody.
A student may be released to a person with lawful authority to take custody of
the student, e.g., a police officer with a warrant. In such case, the student’s
parent shall be notified at the earliest opportunity.
References: 702 KAR 007:125; Board Policies 09.1231; 09.12311; 09.432; 09.434;
010.5
Due Process
Before being punished at the school level with suspension, a student shall have
the right of the following due process procedures.
1. The pupil shall be given oral or written notice of the charge(s) against
him/her.
2. If the pupil denies the charge(s), he/she shall be given an explanation of
the evidence against him/her.
3. The pupil shall be given an opportunity to present his/her own version of the
facts concerning the charge(s).
4. In cases which involve students with disabilities, procedures mandated by
federal and state law shall be followed.
References: KRS 158.150; P.L. 101-476; 707 KAR 1:180; Honiz vs. Doe, 108 S. Ct.
592 (1988); Board Policy 09.431
Expulsion
The Board may expel any student for misconduct as defined in subsection (1), KRS
158.150. All expulsion cases shall be recommended by the Superintendent to the
Board. The Superintendent shall present to the Board for its approval options
for providing educational services to expelled students. Provision of
educational services will be required unless the Board determines, on the record
and supported by clear and convincing evidence, that the expelled student posed
a threat to the safety of other students or school staff and could not be placed
in a state-funded agency program. Action to expel a student shall not be taken
until the parent of the student has had an opportunity for a hearing before the
Board.
School level responsibility for the Principal:
1. Conduct an investigation of the incident
2. Interview witnesses and record their statements.
3. Interview perpetrator and record their statements.
4. Collect and record other documentation.
5. Consult other resources/personnel deemed necessary.
6. Notify the student and parent/guardian of suspension and recommendation for
expulsion.
7. Submit report and supporting documentation along with recommendation for
expulsion to Superintendent or designee.
A student carrying, bringing, using, or possessing any dangerous or deadly
weapon in any school building, on school grounds, in any school vehicle, or at
any school sponsored activity will be immediately reported to the
Superintendent. The penalty for bringing a firearm to school shall be expulsion
for a minimum of one (1) calendar year. However, the Board may make
modifications on a case-by-case basis.
Records transferred to another school must reflect the charges and final action
of an expulsion hearing if the student was expelled for homicide, assault, or an
offense in violation of state law or school regulations governing weapons,
alcohol, or drugs. Records of a student facing an expulsion hearing on charges
described above shall not be transferred until the expulsion hearing is
completed.
Students who have been expelled may be readmitted to school under the conditions
imposed by the Board at the time of expulsion or at the beginning of the next
school year. In cases that involve students with disabilities, the procedures
mandated by federal and state law for students with disabilities shall be
followed.
References: KRS 158.150; OAG 78-673; KRS 158.000; P.L. 101-476; 707 KAR 1:180;
Public Law 103-227 Part C, Honig vs. Doe, 108 S. Ct.592 (1988); Board Policy
09.435
Grievance Procedures
Any custodial parent or guardian desiring to question actions taken by school
personnel should follow these steps.
Every school in the Pulaski County School System except Alternative Education
Programs, Memorial Education Center, and the Pulaski County Area Technology
Center has school based decision-making authority. Any school-based problem must
first be appealed to the school before contacting the district office.
1. If the problem is related to the classroom, the parent/guardian will contact
the school to arrange a conference with the teacher as soon as possible to
discuss the problem.
2. If the conference does not resolve the situation, the parent will arrange a
conference with the Principal or designee with a minimum of delay.
3. If the problem is not related to the classroom, the parent will contact the
Principal directly.
4. If the conference does not resolve the situation, the parent will arrange a
conference with the school council.
5. If none of the above procedures results in a satisfactory solution to the
problem, the parent shall state his/her complaint in writing and may request a
conference with personnel at the Pulaski County Board of Education. During this
conference, either party may have present individuals having knowledge relative
to the factors involved.
6. The district office will advise the parent in writing of the disposition
within fourteen (14) days after the conference.
7. The parents may appeal in writing to the superintendent if the
parents/guardians are not satisfied with the recommendation.
Parents Responsible for Children’s Violations
Every parent, guardian, or custodian of a child residing in any school district
in this state is legally responsible for any violation of KRS 159.010 to 159.170
by the child. Before any proceedings are instituted against the parent,
guardian, or custodian for violation of KRS 159.010 or 159.170, a written notice
of the violation shall be served on the person by the Director of Pupil
Personnel, and one (1) day shall be given for the termination of the violation.
After such notice, if the violation is continued or if the provisions of KRS
159.010 to 159.170 are again violated during the school term by the child, no
further notice shall be necessary and the parent or guardian shall be punishable
as provided in KRS 159.90. A notice by certified mail, return receipt requested,
or by personal service by the Director of Pupil Personnel shall be a legal
notice.
1. Any parent, guardian, or custodian who intentionally fail to comply with the
requirement of KRS 159.010 to 159.170 shall be fined one hundred dollars ($100)
for the first offense, and two hundred fifty dollars ($250) for the second
offense. Each subsequent offense shall be classified as a Class B misdemeanor. A
new offense shall not be constituted until any previous offense has been finally
adjudicated. The court trying the case may suspend enforcement of the fine if
the child is immediately place in attendance at a school, and may finally remit
the fine if the attendance continues regularly for the full school term. School
attendance may be proved by an attested certificate of the principal or teacher
in charge of the school.
2. Any principal, teacher, director of pupil personnel, assistance director of
pupil personnel, or other school officer who intentionally fails to comply with
the provisions of KRS 159.010 to 159.250, or of KRS 160.330 shall be fined not
less than twenty-five dollars ($25) no more than fifty dollars ($50). Upon
conviction under this subsection, a director of pupil personnel or assistant
director of pupil personnel shall be removed from office and have his
certificate revoked, and a principal, teacher, or other school officer may have
his certificate revoked.
3. Any person, other than those persons mentioned in subsection (1) and (2) of
this section, who fails to comply with any of the provisions of this chapter
relating to compulsory attendance, or who violated any of the provisions of KRS
159.130, shall be fined not less than fifty dollars ($50) nor more that two
hundred dollars ($200), or imprisoned in the county jail for more that sixty
(60) days, or both.
4. Any person who violates any of the provisions of KRS 159.270 shall be liable
to a fine of not less than fifty dollars ($50) and shall be liable to the
punishment prescribed by law for the crime of false swearing. If he is an
officer, he shall be removed from office; and if he is a director of pupil
personnel, his certificate shall be revoked.
5. All fines imposed and all sums required to be paid as penalties under this
section shall, after payment of the costs of prosecution and recovery thereof,
be paid into the treasury of the district board of education and become a part
of the school fund of the district.
References: KRS 159.180
Physical Restraint
Employees may use, within the scope of their employment, such physical restraint
as may be reasonable and necessary to protect themselves, students, or others
from physical injury; to obtain possession of a weapon or other dangerous object
under the control of a student; or to protect property from serious harm.
Police Officers in the Schools
School employees, shall cooperate with law enforcement agencies in cases
involving students (i.e., serving of subpoenas, juvenile petitions or warrants,
or taking students into custody.) As soon as possible, officials shall endeavor
to notify the parents of students who are arrested.
When students are arrested at school, the Principal/designee shall make a
written record of the identity of the officer making the arrest, the nature of
the offense charged, the name of the issuing authority of any arrest warrant,
and the place of custody.
In the interest of the student's welfare, the following requirements shall be
followed when police officers ask to question or remove a student from the
school whom they suspect of committing a crime off school property:
1. School officials shall notify Parents/guardians as soon as possible.
2. If the parent(s) come to the school or consent to permit the officer(s) to
interview the student, a private place for the interview shall be provided.
3. If the parent(s) cannot come to the school and do not consent to the
interview, the police should be advised to either bring a warrant, court order
or juvenile petition or arrange to interview the student off the school grounds.
4. Parental notification/permission shall not be required if the student is an
alleged victim of abuse by the parents.
Except in cases of emergencies involving threats to health and safety as
determined by the Superintendent, when the law enforcement officials are called
to question students concerning crimes committed on school property, the
Principal shall make an effort to notify their parent(s).
References: Board Policy No. 09.4361; OAG 76-129; OAG 85-134; OAG 92-138
Release of Students and Student Information to Divorced, Separated, or Single
Parents
The Board shall release the student or information concerning the student to a
parent, guardian, or individual acting as a parent of a student in the absence
of a parent or guardian unless the school has been provided with evidence that
there is a state law or court order governing such matters as divorce,
separation or custody, or a legally binding document which provides instruction
to the contrary.
Unless the school has been informed and given evidence of state law or court
order concerning the status of the student, release of the student or
information concerning the student to a single parent or a divorced/separated
parent will be accomplished according to the following procedures:
1. Both parents shall have equal access to any information concerning the
students.
2. Both parents shall have the right to release of the student under their care.
References: Board Policy 09.12311; 20 U.S. C. 1232g, 34 C.F.R. 99.1-99.67; OAG
85-130; OAG 90-52
Religious Activities
The District shall observe the rights of students to voluntarily engage in
religious activities or express religious viewpoints while at school, as
established by the United States Constitution and law, provided they do not
infringe on the rights of the school to: maintain order and discipline; prevent
disruption of the educational process; determine education curriculum; harass
other persons or coerce other persons to participate in the activity; or
otherwise infringe on the rights of other persons.
Student complaints concerning possible violations of their religious rights
shall be addressed in keeping with legal requirements. Their complaints shall be
directed to the Principal, who shall investigate and take appropriate action
within thirty (30) days of receipt of the written notification.
References: Board Policy 09.13
Search and Seizure
It is the policy of the Pulaski County Board of Education to protect the
constitutional rights of its students regarding search and seizure activities
within the school as interpreted by appropriate courts and governmental
agencies.
A student in the Pulaski County School System has the constitutional right to be
secure in his or her person from unreasonable searches and seizures. A search of
a student, or of the student’s locker, desk, purse or other personal belongings,
is reasonable if it is related to an educational interest and is based upon
reasonable suspicion of illegal or improper activities. A search without a
warrant by a school official does not violate constitutional standards if the
school official has reasonable grounds to believe that a student possesses
evidence of illegal activity or activity that would interfere with school
discipline and order. The school official need not obtain a warrant before
searching a student or the student’s locker, desk, purse or other personal
belongings.
No student’s outer clothing, pockets, or his/her personal effects (e.g.,
handbags, backpacks, etc.) shall be searched by authorized school personnel
unless there are reasonable suspicion to believe the search will reveal evidence
that the student has violated or is violating either a school rule or the law.
Search of a student’s person shall be conducted only with the express authority
of the Principal.
Searches of a student’s person or his or her personal effects shall only be
conducted by a certified person directly responsibility for the conduct of the
student or the Principal of the school which the student attends. When a pat
down of student’s person is conducted, the person conducting the search shall be
the same sex as the student and a witness of the same sex as the student shall
be present during the search. No strip searches of students shall be permitted.
Students who fail to cooperate with school authorities when requested to shall
be subject to other disciplinary action.
When reasonable suspicion exists that a student's automobile or the contents
thereof pose a threat to student health, safety or welfare or of disruption to
the educational process, the automobile may be searched.
Law enforcement officials may bring trained dogs onto school property to search
for contraband (prohibited items). The alert of trained dog to an item or area
shall qualify as reasonable grounds on which to base a further search.
Items that may be used to disrupt or interfere with the educational process may
be temporally removed from the student’s possession by a staff member. Such
items may be returned to the student by the staff member or through the
Principal’s office. All items that have been seized shall be turned over to the
proper authorities or returned to the true owner.
All desks, lockers, and storage bins located on school premises, which have been
provided by the school system are school property. Although such storage areas
are permitted to be used by students for storage of books and articles of
personal property, the students have no ownership interest in the desks,
lockers, and storage bins. The same may be inspected at any time without notice.
All students accepting the use of such storage areas shall, as a condition of
being permitted such use, be deemed to have waived any possessory claim to such
storage areas and students shall not have any expectation of privacy in such
use.
References: KRS 161.180; OAG 79-168; New Jersey vs. T.L.O., 105 S. Ct. 733
(1985); Board Policy No. 09.436; New Jersey vs. T.L.L., 469 U.S.-L ED.2d 720,105
S. CT. (1985); and OAG 79-168
Social Events
Student social events may be approved by the Principal under the following
conditions:
1. The door shall be controlled and admission limited to eligible students,
guests, chaperones, and school personnel.
2. No one under the influence of alcohol or drugs shall be in attendance.
3. Adequate administrator and/or faculty supervision shall be provided.
4. A policeman shall be present for any event where it is anticipated that the
nature of the crowd may pose conduct or safety problems.
5. In case of any disturbance which would jeopardize the safety of students
present or threaten to deface or destroy school property, the Principal or the
Principal’s designee shall immediately close the event and send students from
the campus.
6. The Principal may impose additional regulations as needed.
References: Board Policy 09.12311; KRS 161.180; KRS 160.290
Student Disciplinary Processes
Good student discipline is an essential to a good school program, and student
self-discipline should be a primary aim. Without good discipline, school
personnel cannot discharge their primary responsibility of education and
students will not realize their greatest potentials for growth.
Primary responsibility for classroom discipline shall rest with the teachers.
Every teacher in the system should strive to maintain a classroom in which
students are interested in learning and in which mutual trust and respect
prevail. Minor or routine discipline problems should be handled by the classroom
teacher and should be referred to the Principal after efforts to alleviate the
problem have failed. Serious disciplinary problems shall be promptly reported to
the Principal.
Study of individual differences, conferences with student and parents,
assistance from other teachers, the Principal, and support personnel should be
used in helping a student improve behavior patterns, which are retarding his/her
own development or interfering with the rights of others.
Discipline should not be administered in a manner that is humiliating,
degrading, or unduly severe or in a manner that would cause the student to lose
status before his peer group. Teachers should guard against making remarks to
other students concerning a student’s shortcomings. Discipline for students with
disabilities shall observe, and be in conformity with, the federal and state
procedures and guidelines. Each school council shall select and implement
discipline and classroom management techniques for the school. The council's
discipline policies shall provide for involvement of parents in disciplinary
situations involving their children. In non-SBDM schools, the Principal shall
make these decisions in compliance with Board policy.
The authority of the Board, in matters of student behavior, is not limited to
school buildings and grounds or to times when the student is on his/her way to
or from school, but extends to any activity which is school related or school
sponsored.
References: KRS 161.180; KRS 160.290; KRS 160.340; P.L. 94-142; 707 KAR 1:051;
707 KAR 1:060; Board Policy 09.43
Student Fees
No child shall be denied full participation in any educational program due to an
inability to pay for, or rent, necessary school supplies including textbooks.
The Superintendent shall recommend and the Board shall approve a process to
waive fees for students who qualify for free and reduced price meals. At the
beginning of the school year or at the time of enrollment, all students who
qualify shall be given clear and prominent written notice of the fee waiver
provisions. The written notice of the fee waiver process shall include a form
that parents may use to request waiver of fees. Mandatory waiver of fees for
qualifying students shall be accomplished in compliance with applicable
statutory and regulatory requirements.
References: Board Policy 09.15; Board Policy 09.15; AP.1 KRS 158.108; KRS
160.330; 702 KAR 003:220
Student Records
The Superintendent shall establish procedures to promote effective notification
of parents and eligible students of their rights under the Family Education
Rights and Privacy Act and to ensure District compliance with applicable state
and federal student record requirements.
Student information shall be made available to the parent of a dependent student
or eligible student on request. Eligible students include those 18 years of age
or over or those duly enrolled in a post-secondary school program. Parents or
eligible students shall be provided a copy of records on written request,
including files maintained in electronic format. Such copies shall be provided
in a manner that protects the confidentiality of other students.
The Superintendent or the Superintendent's designee is authorized to release
Board approved directory information to local schools and colleges, to military
authorities, and to other groups which offer opportunities of sufficient merit.
Any eligible student, parent, or guardian who does not wish to have directory
information released shall notify the Superintendent in writing.
The District's special education policy and procedures manual shall include
information concerning records of students with disabilities.
Records or information received on youthful or violent offenders shall not be
disclosed except as permitted by law. Only school administrative,
transportation, and counseling personnel or teachers or other school employees
with whom the student may come in contact, shall be privy to this information,
which shall be kept in a locked file when not in use and opened only with
permission of the administrator. Notification in writing of the nature of
offenses committed by the student and any probation requirements shall not
become a part of the child's student record.
Prior to complying with a lawfully issued court order or subpoena requiring
disclosure of personally identifiable student information, school authorities
shall make a documented effort to notify the parent or eligible student.
However, in compliance with FERPA, when a lawfully issued court order or
subpoena requires disclosure be made without notification of the student or
parent, the District shall comply with that requirement. If the District
receives such an order, the matter may be referred to local counsel for advice.
References: KRS 158.153; KRS 610.320; KRS 610.340; KRS 610.345; KRS 159.160; KRS
159.250; KRS 160.990; KRS 161.200; KRS 161.210; OAG 80-33; KRS 158.032; Kentucky
Family Education Rights and Privacy Act; KRS 160.700; KRS 160.705; KRS 160.710;
KRS 160.715; KRS 160.720; KRS 160.725; KRS 160.730
Suspension
In accordance with KRS 158.150, the superintendent, principal, assistant
principal may suspend a student up to a maximum of ten (10) days per incident.
Suspension of primary school students shall be considered only in exceptional
cases where there are safety issues for the child or others, as determined by
the Superintendent/designee.
A student shall not be suspended until due process procedures have been provided
as described in KRS 158.150 (09.431), unless immediate suspension is essential
to protect persons or property or to avoid disruption of the educational
process. In such cases, due process shall follow the suspension as soon as
practical, but no later than three (3) school days after the suspension. School
administrators, teachers, or other school personnel may immediately remove or
cause to be removed threatening or violent students from a classroom setting or
from the District’s transportation system pending any further disciplinary
action that may occur.
Each school shall designate the site(s) to which employees may remove students
from a classroom setting and the employee(s) who will supervise the student at
the site. When teachers or other personnel remove a student, they shall complete
and submit a form to document the removal and the causes as soon as practicable.
The Principal shall review the removal as soon as possible to determine if
further disciplinary action is warranted or is the student is to be returned to
the classroom.
The Principal or assistant principal shall report any suspension in writing
immediately to the Superintendent and to the parent of the student being
suspended. The written report shall include the reason for suspension, the
length of time of the suspension, and the condition for reinstatement.
In cases that involve students with disabilities, the procedures mandated by the
federal and state law shall be followed.
References: KRS 158.150; OAG 77-419; OAG 77-427; OAG 77-547; OAG 78-392; OAG
78-673; Goss vs. Lopez, 419 US 565 (1975); P.L. 101-476; 707 KAR 1:180; Honig
vs. Doe, 108 S. Ct. 592 (1988); Board Policy No. 09.434
Visitors to the Schools
The Pulaski County School System encourages parents and other community members
to become involved in our school volunteer programs. To ensure the safety of our
children, visitors are to report to the Principals office upon entering the
building for identification and purpose of visit. All visitors must conduct
themselves as to not interfere with the daily operation of the school programs
or to infringe on instructional time. Frequency of visits must not interfere
with the scheduled instructional program.
References: OAG 91-137; Board Policy No. 10.6
Withdrawals and Transfers: Teachers to Investigate and Report
Whenever any child of compulsory school age withdraws from school, the teacher
of the child shall ascertain the reason. The fact of the withdrawal and the
reason for it shall be immediately transmitted by the teacher to the
Superintendent of schools of the district in which the school is located. If the
child has withdrawn because of change of residence, the next residence shall be
ascertained and included in the report. The Superintendent shall thereupon
forward a card showing the essential facts regarding the child and stating the
place of his new residence to the Superintendent of schools of the district to
which the child has moved. The State Board for Elementary and Secondary
Education shall prescribe the forms to be used in the operation of this section.
References: KRS 159.170; Board Policy 09.111
APPENDIX
Non-Discrimination Notice
The Pulaski County School System does not discriminate on the basis of race,
color, national origin, age, religion, marital status, sex or disability in
employment, educational programs and/or activities.
All students, staff and parents shall be afforded the protections guaranteed by
the United States Constitution, Title I, II, IV, V, & IX, Individuals with
Disabilities Education Act (IDEA), and other state and federal laws.
Notification of FERPA Rights
The Family Education Rights and Privacy Act (FERPA) affords parents and
“eligible students” (students over 18 years of age) or students who are
attending a postsecondary institution certain rights with respect to the
student’s education records. They are:
1. The right to inspect and review the student’s education records within
forty-five (45) days of the day the District receives a request for access.
Parents or eligible students should submit to the school principal/designee a
written request that identifies the record(s) they wish to inspect. The
Principal will make arrangements for access and notify the parent or eligible
student of the time and place where the records may be inspected.
2. The right to request the amendment of the student’s education records that
the parent or eligible student believes are inaccurate, misleading, or in
violation of the student’s privacy or other rights.
Parents or eligible students may ask the District to amend a record that they
believe is inaccurate, misleading or in violation of privacy or other rights.
They should write the school principal, clearly identify the part of the record
they want changed, and specify why it is inaccurate, misleading, or in violation
of their privacy or other rights.
If the District decides not to amend the record as requested by the parent or
eligible student, the District will notify the parent or eligible student of the
decision and advise them of their right to a hearing regarding the request for
amendment. Additional information regarding the hearing procedures will be
provided to the parent or eligible student when notified of the right to a
hearing.
3. The right to consent to disclosures of personally identifiable information
contained in the student’s education records, except to the extent that FERPA
authorizes disclosure without consent.
One exception, which permits disclosure without consent, is disclosure to school
officials with legitimate educational interests. A school official is a person
employed by the District as an administrator, supervisor, instructor, or support
staff member (including health or medical staff and law enforcement unit
personnel); a person serving on the school Board; a person or company with whom
the District has contracted to perform a special task (such as an attorney,
auditor, medical consultant, or therapist); or a parent or student serving on an
official committee, such as a disciplinary or grievance committee, or assisting
another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to
review an education record in order to fulfill his or her professional
responsibility.
Upon request, the District shall disclose education records without consent to
officials of another school district in which a student seeks or intends to
enroll or to other entities authorized by law.
4. The right to prohibit the disclosure of personally identifiable information
concerning the student to recruiting representatives of the U.S. Armed Forces
and its service academies, the Kentucky Air National guard, and the Kentucky
Army National Guard.
Unless the parent or eligible student requests in writing that the District not
release information, the student’s name, address, and telephone number shall be
released to Armed forces recruiters upon request.
5. The right to file a complaint with the U.S. Department of Education
concerning alleged failures by the District to comply with the requirements of
FERPA.
The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue, SW
Washington, DC 20202-4605
Notification of Directory Information Release
The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires
that the Pulaski County School System, with certain exceptions, obtain your
written consent prior to the disclosure of personally identifiable information
from your child's education records. However, we may disclose appropriately
designated "directory information" without written consent, unless you have
advised the District to the contrary in accordance with District procedures.
Directory information is information contained in an educational record which
would not generally be considered harmful or an invasion of privacy if
disclosed. This information may be released to the news media, athletic
organizations, scholarship committees, military recruiters, or other outside
organizations. School officials may disclose directory information without
consent if the school has given public notice to parents and eligible students
of the types of personally identifiable information designated as directory
information and provides them an opportunity to refuse to permit all or part of
such disclosure. Directory information includes but is not limited to the
student’s name, address, telephone listing, photograph, dates of attendance,
grade level, date and place of birth, participation in school recognized sports
and activities, height and weight of members of athletic teams, dates of
attendance, awards received, major field of study and the most recent/previous
educational institution attended.
The parent, guardian, or eligible student currently enrolled may request all or
part of the directory information be withheld. The request must be in writing to
the Principal of the child’s school with in 30 calendar days after notification
has been distributed. The written request must specifically state what
information may not be classified as directory information.
References: KRS 160.725(1); KRS 160.700(1)
Notification of Rights Under the Protection of Pupil Rights Amendment
PPRA affords parents and students who are 18 or emancipated minors (“eligible
students”) certain rights regarding our conduct of surveys, collections and use
of information for marketing purposes, and certain physical exams. These include
the right to:
Consent before student are required to submit to a survey that concerns one or
more of the following protected areas (“protected information survey”) if the
survey is funded in whole or in part by a program of the U.S. Department of
Education (ED) –
1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or student’s family
3. Sex behavior or attitudes
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family
relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors,
or ministers;
7. Religious practices, affiliations, or beliefs of the student or parents; or
8. Income, other than as required by law to determine program eligibility.
Receive notice and an opportunity to opt a student out of –
1. Any other protected information survey, regardless of funding;
2. Any non-emergency, invasive physical exam or screening required as a
condition of attendance, administered by the school or its agent, and not
necessary to protect the immediate health and safety of a student, except for
hearing, vision, or scoliosis; and
3. Activities involving collection, disclosure, or use of personal information
obtained from students for marketing or to sell or otherwise distribute the
information to others.
Inspect, upon request and before administration or use –
1. Protected information surveys of students;
2. Instruments used to collect personal information from students for any of the
above marketing, sales, or other distribution purposes; and
3. Instructional material used as part of the educational curriculum
The Pulaski County School System will/has develop(ed) and adopt(ed) policies, in
consultation with parents, regarding these rights, as well as arrangements to
protect student privacy in the administration of sales, or other distribution
purposes. The Pulaski County School System will directly notify parents and
eligible student of these policies at least annually at the start of each school
year and after any substantive changes. The Pulaski County School System will
directly notify parents and eligible students, such as through U.S. Mail or
email, at least annually at the start of each school year of the specific or
approximate dates of the following activities and provide an opportunity to opt
a student out of participating in:
1. Collection, disclosure, or use of personal information for marketing, sales
or other distribution.
2. Administration of any protected information survey not funded in whole or in
part by ED.
3. Any non-emergency, invasive physical examination or screening as described
above.
Parent/eligible students who believe their right have been violated may file a
complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
Notification of No Child Left Behind Act
Parents have a right to request information on the professional qualifications
of their children’s teachers.
Pulaski County Schools Directory
Preschool/Childcare
Memorial Education Center 678-4100
Elementary Schools
Burnside Elementary 561-4250
Eubank Elementary 379-2712
Nancy Elementary 636-6338
Oak Hill Elementary 679-2014
Pulaski Elementary 678-4713
Shopville Elementary 274-4411
Southern Elementary 678-5229
Woodstock Elementary 379-2151
Middle Schools
Northern Middle 678-5230
Southern Middle 679-6855
High Schools
Pulaski County High School 679-1574
Southwestern High School 678-9000
Pulaski County Area Technology Center 678-2998
Alternative Education
Kentucky Baptist Homes for Children 561-0500
Pulaski Central 677-9986
Pulaski Somerset Day Treatment Center 679-1303