AGENDA AND SUPERINTENDENT’S REPORT MTG 5-1-19 w... · A. Asphalt Contract Motion to approve contract with Elite Paving and Sealcoating to pave and seal parking lots at a cost of - [PDF Document] (2024)

AGENDA AND SUPERINTENDENT’S REPORT

Special Meeting Bath Local School District

2650 Bible Road Wednesday, May 1, 2019

7:00 p.m. Meeting

I. CALL TO ORDER – Bob Birkemeier, President

II. ROLL CALL

Bob Birkemeier ____ Rob Foley ____ Tim McKinney ____

Jackie Place ____ Van Spragg ____ III. HEARING OF THE PUBLIC (Items on the Agenda) – Blue Cards

Members of the public are invited to provide input to the Board on the issue of re-employing Bradley Clark during his service retirement. Speakers are limited to three (3) - five (5) minutes each, and all public comment will be closed after thirty (30) minutes. A sign-up sheet will be used, if necessary, to determine the order in which persons will address the Board.

A. Public Meeting Public Meeting on the issue of the re-employment of Bradley Clark, Middle School Principal, during his STRS service retirement.

IV. ITEMS FROM SUPERINTENDENT

A. Permanent Improvement Projects / Expenditures

V. SUPERINTENDENT – CONSENT AGENDA

A. Recommendation for Employment / Resignation

“The Board reserves the right to treat any offer of employment as withdrawn if the contract is not signed and returned within 10 business days of mailing. All employment is contingent upon proper certification and paperwork required for the position. All Bus drivers have met all Federal CDL ODE requirements for certification. All salaries are per annual salary notice, commensurate with degree and experience.” 1. Certified Staff

a. Certified Employment – 2018-2019 SY o Elaine Luchini, Tutor (Home Instruction), 5 hrs./week maximum,

$20/hour, effective April 30, 2019

b. Certified Supplemental Employment – 2019-2020 SY

o Matthew Gillett, Golf-Head, Level 0, 6%, $2,170

c. Outside Employment – 2019-2020 SY

o Adam Burris, Basketball-Boys-Head, Level 2, 20%, $7,234 o Meranda Green, Volleyball-Head, Level 2, 14%, $5,064

Moved: ______________________

Seconded: ____________________

Discussion: ___________________

ROLL CALL

Bob Birkemeier ____ Rob Foley ____ Tim McKinney ____

Jackie Place ____ Van Spragg ____ VI. SUPERINTENDENT’S REPORT

“Be it resolved by the Board of Education of the Bath Local School District, a majority of its membership therein concurring to approve.”

A. Asphalt Contract

Motion to approve contract with Elite Paving and Sealcoating to pave and seal parking lots at a cost of $45,615.16, to be paid out of Permanent Improvement Funds.

6.111

Moved: ______________________

Seconded: ____________________

Discussion: ___________________

ROLL CALL

Bob Birkemeier ____ Rob Foley ____ Tim McKinney ____

Jackie Place ____ Van Spragg ____

B. Updated Policies

1. BCC – Qualifications and Duties of the Treasurer 6.211

2. DECA – Administration of Federal Grant Funds 6.212 3. DGA – Authorized Signatures 6.213 4. GBCB – Staff Conduct 6.214 5. GBE – Staff Health and Safety 6.215 6. GBE-R – Staff Health and Safety 6.216 7. GBH – Staff-Student Relations 6.217 8. GBP – Drug Free Workplace 6.218 9. GDB – Support Staff Contracts and Compensation Plans 6.219 10. JED – Student Absences and Excuses 6.2110 11. JEE – Student Attendance Accounting 6.2111 12. JFCF – Hazing and Bullying 6.2112

13. JFCF-R – Hazing and Bullying 6.2113 14. JFCK – Use of Electronic Communications Equipment by Students 6.2114 15. JGD – Student Suspension 6.2115 16. JGE – Student Expulsion 6.2116 17. JHG – Reporting Child Abuse and Mandatory Training 6.2117 18. JHH – Notification of Sex Offenders 6.2118 19. KGB – Public Conduct on District Property 6.2119

*2nd Reading – Action Required Moved: ______________________

Seconded: ____________________

Discussion: ___________________

ROLL CALL

Bob Birkemeier ____ Rob Foley ____ Tim McKinney ____

Jackie Place ____ Van Spragg ____

C. Chaperones/Volunteers/Speakers/Volunteer Coaches for 2018–2019 SY This list is included for liability insurance purposes. All volunteer coaches are contingent upon proper certification and paperwork required by ODE for volunteer coaches. 6.311

Moved: ______________________

Seconded: ____________________

Discussion: ___________________

ROLL CALL

Bob Birkemeier ____ Rob Foley ____ Tim McKinney ____

Jackie Place ____ Van Spragg ____

VII. ADJOURNMENT

A. Next Regular Board Meeting – Tuesday, May 21, 2019 at 7:30 p.m.

Moved: ______________________

Seconded: ____________________

Discussion: ___________________

ROLL CALL

Bob Birkemeier ____ Rob Foley ____ Tim McKinney ____

Jackie Place ____ Van Spragg ____

File: BCC

QUALIFICATIONS AND DUTIES OF THE TREASURER

Title: Treasurer

Department: Administration

Building/Facility: Central Office

Reports to: Board of Education

Employment Status: Regular/Full-time

FLSA Status: Exempt

General Description: Serve as the District’s chief financial officer; assume responsibility for

receipt, safekeeping and disbursem*nt of all District funds; direct and

manage all financial accounting programs and systems

Essential Functions:

1. attend all Board meetings

2. record proceedings of Board meetings

3. prepare annual budget and appropriations resolution with assistance of the

Superintendent

4. receive, deposit and account for all school funds of the District

5. adhere to purchase order system with purchase order to be approved by the Treasurer

only on a “funds available” basis

6. render monthly statement to the Board and, as needed, to the Superintendent

7. sign all checks in accordance with law

8. make available to members of the Board or administration all papers and documents

entrusted to the Treasurer for filing for public inspection whenever necessary and as

prescribed by law

9. keep on record for the Board’s information a complete listing of all insurance policies

and premiums on all District properties

10. complete and file at proper times all forms, reports, papers and other requirements as

prescribed by the Auditor of State, Ohio Department of Education, or other state or

local agencies

11. prepare and maintain on file all employee contracts

12. receive all moneys belonging to the District, including payment of taxes from county

treasurer

13. assist in decisions concerning investment of idle District funds

14. prepare and submit monthly report on the District’s fiscal status

15. render full annual report at the end of each fiscal year

16. pay out District moneys on written order of designated Board officials

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File: BCC

17. supervise staff members of the Treasurer’s office

18. maintain filing system for Board business and transactions

19. handle communications and correspondence for the Board

20. prepare salary notices

21. maintain record of retirement contributions

22. prepare all purchase orders

23. certify all purchase orders and requisitions for supplies and services

24. maintain complete and systematic set of financial records

25. record all sick leave, personal leave and vacation leave for all employees

26. prepare advertisem*nt of all legal notices concerning Board business

27. prepare long-range financial projections with the Superintendent for the Board

28. act as financial resource person for the Board’s negotiating team and at all public

meetings

29. provide and counsel staff members in areas of insurance benefits, retirement provisions,

local tax laws, provisions of sick leave policy and other information concerning fringe

benefits

30. prepare necessary paperwork for operating levies and bond issues

31. make contacts with the public with tact and diplomacy

32. maintain respect at all times for confidential information, e.g., personnel information

33. interact in positive manner with staff, students and parents

34. promote good public relations by personal appearance, attitude and conversation

35. attend meetings and in-services as required

Other Duties and Responsibilities:

1. evaluate staff members of the Treasurer’s office

2. obtain and file teaching certificates

2. prepare and issue written notice of intention not to re-employ professional and support

staff

3. respond to routine questions and requests in appropriate manner

4. cooperate with the Superintendent in development and implementation of

administrative and Board policies

5. attend meetings and conferences designed to enhance professional qualifications

6. serve as a role model for students in how to conduct themselves as citizens and as

responsible, intelligent human beings

7. instill in students belief in and practice of ethical principles and democratic values

8. perform other duties as assigned

Qualifications:

1. state of Ohio Treasurer’s license

2. degree in accounting, business management or related field from accredited college or

university

3. formal training/experience in accounting and fiscal procedures

4. alternatives to above qualifications as the Board may find appropriate

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File: BCC

Required Knowledge, Skills and Abilities:

1. knowledge of accounting principles, financial statements and investments

2. ability to research, comprehend and interpret applicable laws

3. knowledge of accounting software

4. organizational and problem-solving skills

5. ability to work effectively with others

6. ability to communicate ideas and directives clearly and effectively, both orally and in

writing

7. effective, active listening skills

8. records management skills

9. experience in payroll and accounts payable procedures

Equipment Operated:

1. computer/printer

2. calculator

3. copy machine

4. fax machine

5. telephone

Additional Working Conditions:

1. occasional travel

2. occasional evening and/or weekend work

3. requirement to lift, carry, push and pull various items

4. repetitive hand motion

5. occasional exposure to blood, bodily fluids and tissue

6. occasional interaction among unruly children

7. regular requirement to sit, stand, walk, talk, hear, see, read, reach, stretch with hands

and arms, crouch, climb, kneel and stoop

NOTE: The above lists are not ranked in order of importance.

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Selected Sample Policy

OHIO POLICY REFERENCE MANUAL©

File: BCC

This job description is subject to change and in no manner states or implies that these are the

only duties and responsibilities to be performed by the incumbent. The incumbent will be

required to follow the instructions and perform the duties required by the incumbent’s

supervisor/appointing authority.

___________________________________________________ ____________________

Board President Date

My signature below signifies that I have reviewed the contents of my job description and that I

am aware of the requirements of my position.

___________________________________________________ ____________________

Signature Date

Adoption date: May 21, 2019

LEGAL REFS.: ORC 131.18

3301.074

3311.19

3313.14; 3313.15; 3313.22; 3313.24; 3313.26 through 3313.32; 3313.51

5705.41; 5705.412; 5705.45

CROSS REFS.: BCCA, Incapacity of the Treasurer

BCCB, Evaluation of the Treasurer (Also AFBA)

BCCC, Treasurer’s Contract

BCCD, Board-Treasurer Relationship

BDDG, Minutes

DFA, Revenues from Investments

DH, Bonded Employees and Officers

NOTE: Many other sections of the law also set forth duties of the treasurer.

The treasurer’s job description is usually presented as policy in a local district’s

policy manual because the person serving in this capacity is appointed by and

reports directly to the board; however, some districts treat the job description as a

board-approved regulation. This policy can be customized to meet local needs.

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File: DECA

ADMINISTRATION OF FEDERAL GRANT FUNDS

The Board accepts federal funds, which are available, provided that there is a specific need for

them and that the required matching funds are available. The Board intends to administer federal

grant awards efficiently, effectively and in compliance with all requirements imposed by law, the

awarding agency and the Ohio Department of Education (ODE) or other applicable pass-through

entity.

The Board directs the Treasurer to develop, monitor, and enforce effective financial management

systems and other internal controls over federal awards that provide reasonable assurances that

the District is managing the awards in compliance with all requirements for federal grants and

awards. Systems and controls must meet all requirements of Federal law and regulation,

including the Uniform Guidance issued by the U.S. Office of Management and Budget (OMB)

and any applicable state requirements, and shall be based on best practices.

All individuals responsible for the administration of a federal grant or award shall be provided

sufficient training to carry out their duties in accordance with all applicable requirements for the

federal grant or award.

The financial management systems and internal controls must provide for:

1. identification of all federal funds received and expended and their program source;

2. accurate, current, and complete disclosure of financial data in accordance with federal

requirements;

3. records sufficient to track the receipt and use of funds;

4. effective control and accountability over assets to assure they are used only for

authorized purposes and

5. comparison of expenditures against budget.

In addition, written procedures must be established for cash management and for determining the

allowability of costs, as required by the Uniform Guidance.

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File: DECA

At a minimum, the financial management systems and internal controls will address the

following areas:

1. Allowability

Costs charged by the school system to a federal grant must be allowed under the

individual program and be in accordance with the cost principles established in the

Uniform Guidance, including how charges made to the grant for personnel are to be

determined. Costs will be charged to a federal grant only when the cost is:

A. reasonable and necessary for the program;

B. in compliance with applicable laws, regulations, and grant terms;

C. allocable to the grant;

D. adequately documented and

E. consistent with District policies and procedures that apply to both federally-

funded and non-federally funded activities.

Internal controls will be sufficient to provide reasonable assurance that charges to

federal awards for personnel expenses are accurate, allowable, and properly allocated

and documented.

Controls include time and effort reporting in accordance with Uniform Guidance and

the requirements of ODE or other applicable pass-through-entity. Records are

sufficient to verify that time spent and compensation (including salary and benefits) are

allocable to the fund.

2. Cash Management and Fund Control

Payment methods must be established in writing that minimize the time elapsed

between the draw-down of federal funds and the disbursem*nt of those funds.

Standards for funds control and accountability must be met as required by the Uniform

Guidance for advance payments and in accordance with the requirements of ODE or

other applicable pass-through-entity.

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3. Procurement

Prior to July 1, 2018, the District followed the requirements outlined in previous OMB

guidance. Effective July 1, 2018 all purchases for property and services made using

federal funds must be conducted in accordance with all applicable Federal, State and

local laws and regulations, the Uniform Guidance, and the District’s written policies

and procedures.

The District avoids situations that unnecessarily restrict competition and avoids

acquisition of unnecessary or duplicative items. Individuals or organizations that

develop or draft specifications, requirements, statements of work, and/or invitations for

bids, requests for proposals, or invitations to negotiate, are excluded from competing

for such purchases. The District performs a cost and price analysis for every

procurement over the established simplified acquisition threshold.

Contracts are awarded only to responsible contractors possessing the ability to perform

successfully under the terms and conditions of a proposed procurement. Consideration

is given to such matters as contractor integrity, compliance with public policy, record of

past performance, and financial and technical resources. No contract is awarded to a

contractor who is suspended or debarred from eligibility for participation in federal

assistance programs or activities.

The District takes all necessary affirmative steps to assure that minority

businesses, women’s business enterprises, and labor surplus area firms are used

when possible.

Purchasing records are sufficiently maintained to detail the history of all procurements

and must include at least the rationale for the method of procurement, selection of

contract type, and contractor selection or rejection; the basis for the contract price; and

verification that the contractor is not suspended or debarred.

4. Conflict of Interest and Mandatory Disclosures

The District complies with the requirements of State law and the Uniform Guidance for

conflicts of interest and mandatory disclosures for all procurements with federal funds.

Each employee, board member, or agent of the school system who is engaged in the

selection, award, or administration of a contract supported by a federal grant or award

and who has a potential conflict of interest must disclose that conflict in writing to the

Treasurer. The Treasurer discloses in writing any potential conflict of interest to ODE

or other applicable pass-through-entity.

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File: DECA

A conflict of interest would arise when the covered individual, any member of his/her

immediate family, his/her partner, or an organization, which employs or is about to

employ any of those parties has a financial or other interest in or receives a tangible

personal benefit from a firm considered for a contract. A covered individual who is

required to disclose a conflict will not participate in the selection, award, or

administration of a contract supported by a federal grant or award.

Employees, Board members, or agents of the District Covered individuals will not

solicit or accept any gratuities, favors, or items from a contractor or a party to a

subcontractor for a federal grant or award. Violations of this rule are subject to

disciplinary action.

The Treasurer discloses in writing to ODE or other applicable pass-through-entity in a

timely manner all violations of Federal criminal law involving fraud, bribery, or

gratuities potentially affecting any federal award. The Treasurer fully addresses any

such violations promptly and notifies the Board accordingly.

5. Equipment and Supplies Purchased with Federal Funds

Equipment and supplies acquired with federal funds will be used, managed, and

disposed of in accordance with applicable state and federal requirements. Property

records and inventory systems shall be sufficiently maintained to account for and track

equipment that has been acquired with federal funds.

6. Accountability and Certifications

All fiscal transactions must be approved by the Treasurer/designee who can attest that

the expenditure is allowable and approved under the federal program. The Treasurer

submits all required certifications.

7. Monitoring and Reporting Performance

The Treasurer will establish sufficient oversight of the operations of federally supported

activities to assure compliance with applicable federal requirements and to ensure that

program objectives established by the awarding agency are being achieved. The

District submits all reports as required by federal or state authorities.

Adoption date: May 21, 2019

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Selected Sample Policy

OHIO POLICY REFERENCE MANUAL©

File: DECA

LEGAL REFS.: ORC 9.314

117.101; 117.43

3313.33; 3313.46

3319.04

5705.39; 5705.41; 5705.412

2 C.F.R. Part 200

CROSS REFS.: BBFA, Board Member Conflict of Interest

BCC, Qualifications and Duties of the Treasurer

DI, Fiscal Accounting and Reporting

DID, Inventories (Fixed Assets)

DJ, Purchasing

DJC, Bidding Requirements

DJF, Purchasing Procedures

DK, Payment Procedures

EF/EFB, Food Services Management/Free and Reduced-Price Food Services

GBCA, Staff Conflict of Interest

IGBJ, Title I Programs

NOTE: The Uniform Grant Guidance (Uniform Guidance) issued by the U.S. Office of

Management and Budget (OMB) effects certain federal funds districts receive. The

guidance replaces requirements found in eight previous OMB circulars. The new

rules are in effect for new or noncompeting continuation grants awarded by OMB

on or after December 26, 2014.

Districts are required to have written policies and/or procedures for the

management of funds subject to the Uniform Guidance. The new rules are outlined

in the Code of Federal Regulations (CFR) 200 and emphasize the need for strong

financial management systems and other internal controls aimed at controlling

fraud, waste and abuse. Internal controls should be in compliance with guidance in

the Standards for Internal Control in the Federal Government issued by the

comptroller general of the United States or the Internal Control Integrated

Framework issued by the Committee of Sponsoring Organizations of the Treadway

Commission.

This policy is intended to establish the board’s expectations and standards for

financial management and other internal controls necessary to meet its obligations

when receiving federal grant awards. This policy is not sufficient, alone, to serve

as the written controls required by the Uniform Guidance. It must be supplemented

with written procedures that should be developed by the Treasurer.

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Selected Sample Policy

OHIO POLICY REFERENCE MANUAL©

File: DGA

AUTHORIZED SIGNATURES

(Use of Facsimile Signatures)

The Treasurer’s signature is used on checks, drafts, warrant-checks, vouchers and other orders on

public funds deposited in designated depositories.

The Treasurer authorizes these designated depositories to honor any instrument bearing the

Treasurer’s an authorized facsimile signature in a form as he/she may designate and to charge

the same to the account as fully as though it bore a manually written signature.

A facsimile signature includes, but is not limited to, the reproduction of any authorized signature

by a copper plate or a photographic, photostatic or mechanical device. Written notice of the

adoption of a facsimile signature is provided to the depositories. The notice includes a

description of the device to be used and a sample of the facsimile signature. Written

approval must be received from the depository before the facsimile signature can be used.

The Treasurer must notify the designated depositories, in writing, a description of the device used

to produce the facsimile signature and a sample of the signature.

The Board purchases a surety bond to protect the loss of any public funds.

Adoption date: May 21, 2019

LEGAL REFS.: ORC 9.10 through 9.12; 9.14

1306.06

THIS IS A REQUIRED POLICY

File: GBCB

STAFF CONDUCT

All staff members have a responsibility to make themselves familiar with, and to abide by, the

laws of the state of Ohio and the negotiated agreement, the policies of the Board and the

administrative regulations designed to implement them.

The Board expects staff members to conduct themselves in a manner that not only reflects credit

to the District, but also presents a model worthy of emulation by students. Unless otherwise

permitted by law, staff members are not permitted to bring a deadly weapon or dangerous

ordnance into a school safety zone.

All staff members are expected to carry out their assigned responsibilities. Essential to the

success of ongoing operations and the instructional program are the following specific

responsibilities, which are required of all personnel:

1. faithfulness and promptness in attendance at work;

2. support and enforcement of policies of the Board and regulations of the administration;

3. diligence in submitting required reports promptly at the times specified;

4. care and protection of District property and

5. concern and attention toward their own and the District’s legal responsibility for the

safety and welfare of students, including the need to ensure that students are under

supervision at all times.

Adoption date: May 21, 2019

LEGAL REFS.: Gun-Free Schools Act; 20 USC 7151

Gun-Free School Zones Act; 18 USC 922

ORC 124.34

2923.1210; 2923.1212; 2923.122

3319.081; 3319.16; 3319.31; 3319.36

CROSS REFS.: GBCA, Staff Conflict of Interest

GBCC, Staff Dress and Grooming

GBH, Staff-Student Relations (Also JM)

JFC, Student Conduct (Zero Tolerance)

JHF, Student Safety

KGB, Public Conduct on District Property

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Selected Sample Policy

OHIO POLICY REFERENCE MANUAL©

File: GBCB

NOTE: Ohio’s concealed-carry gun laws enable an individual with a valid concealed-carry

license or temporary emergency license who is either a driver or passenger in a

motor vehicle in a school safety zone to have a loaded handgun if one of the

following applies: (1) the loaded handgun is in a holster on the person’s person; (2)

the loaded handgun is in a closed case, bag, box or other container that is in plain

sight and that has a lid, cover or closing mechanism with a zipper, snap or buckle,

which lid, cover or closing mechanism must be opened for a person to gain access

to the handgun; or (3) the loaded handgun is securely encased by being stored in a

closed glove compartment or vehicle console or in a case that is locked.

Senate Bill 199 revisions to Ohio Revised Code Section (RC) 2923.122, effective

March 19, 2017, now allow a person who has a valid concealed handgun license to

leave the firearm in a motor vehicle while in a school safety zone, so long as the

vehicle is locked.

In addition, new RC 2923.1210 states that a public or private employer may not

establish, maintain, or enforce a policy that prohibits a person who has a valid

concealed handgun license from transporting or storing a firearm or ammunition

when both of the following conditions are met:

Each firearm and all of the ammunition remains inside the person’s

privately-owned motor vehicle while the person is physically present inside

the motor vehicle, or each firearm and all of the ammunition is locked

within the trunk, glove box, or other enclosed compartment or container

within or on the person’s privately-owned motor vehicle and

The vehicle is in a location where it is otherwise permitted to be.

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File: GBE

STAFF HEALTH AND SAFETY

Through its overall safety program and various policies pertaining to school personnel, the Board

attempts to ensure the safety of employees during their working hours and assist them in the

maintenance of good health.

All employees are expected to observe commonly recognized practices that promote the health

and safety of school personnel.

Bus drivers will have an annual physical examination in compliance with State law. The results

of all such examinations are filed with the Superintendent.

Employees who are required by State or Federal law to have respiratory protection are required to

have two physical examinations. The first examination must take place prior to the individual’s

wearing a respirator. The second examination must take place after the individual’s exposure to

any hazardous material (within 30 days if it is a one-time exposure, and at least annually if it is

ongoing exposure).

The Board may require an individual examination of an employee whenever, in its judgment, it is

necessary to protect the health and safety of students or other employees. Whenever the Board

requires an employee to submit to a physical examination other than those required by law, the

Board assumes the cost of the examination. All health examinations required of employees are

made by one of the physicians approved for this purpose by the Board.

Any genetic information acquired as a result of individual examinations will be handled in

accordance with Federal law.

Workers’ Compensation

In case of injury while pursuing duties in keeping with the employee’s contract, the employee

may be eligible for payment of medical expenses under the Workers’ Compensation Act of Ohio.

Any employee who is injured while at work should immediately report such injury to the central

office and request the necessary forms to make application for payment under this act.

The injured employee may be requested to undergo chemical testing, as established by law and

administrative regulation. The employee must prove that the injury was not proximately caused

by the employee being intoxicated, under the influence of a controlled substance not prescribed

by the employee’s physician or under the influence of marihuana (marijuana). The results of, or

the employee’s refusal to submit to, any of the requested chemical tests may affect the

employee’s eligibility to receive workers’ compensation benefits.

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File: GBE

Adoption date: May 21, 2019

LEGAL REFS.: Asbestos School Hazard Abatement Act; 20 USC 4011 et seq.

Asbestos Hazard Emergency Response Act; 15 USC 2641 et seq.

Comprehensive Environmental Response, Compensation and Liability Act;

42 USC 9601 et seq.

Genetic Information Nondiscrimination Act of 2008; 42 USC 2000ff et seq.

ORC 3313.643; 3313.71; 3313.711

3327.10

4113.23

4123.01 et seq.

4123.35

4123.54

CROSS REFS.: EB, Safety Program

EBBC, Bloodborne Pathogens

EEACD, Drug Testing for District Personnel Required to Hold a

Commercial Driver’s License

GBCB, Staff Conduct

GBP, Drug-Free Workplace

GBQ, Criminal Records Check

GCBC, Professional Staff Fringe Benefits

GDBC, Support Staff Fringe Benefits

Staff Handbooks

NOTE: This category is for statements on staff physical and mental health examination

requirements, the board’s commitment to assisting employees in the maintenance of

good health, its concern with occupational safety and so on.

Language regarding the handling of genetic information has been added in

compliance with the Genetic Information Nondiscrimination Act of 2008.

Additional language should be added to all medical request forms and is available

upon request.

Observe the cross-references. Health insurance plans for employees are properly

coded under Fringe Benefits for the appropriate category of staff.

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Selected Sample Policy

OHIO POLICY REFERENCE MANUAL©

File: GBE

House Bill (HB) 523 (2016) created a medical marijuana program. The medical

marijuana program is primarily outlined in Ohio Revised Code (RC) Chapter 3796.

Under this chapter marijuana means marihuana as defined in RC 3719.01. HB 523

also updated the workers’ compensation drug testing provisions and here the

terminology used is “marihuana.”

THIS IS A REQUIRED POLICY

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File: GBE-R

STAFF HEALTH AND SAFETY

Workers’ Compensation Benefits Eligibility – Chemical Testing

Under Ohio’s Workers’ Compensation Law, every employee who is injured in the course of

employment is entitled to benefits, if necessary, to compensate him/her for lost work time,

payment for medical, nursing and hospital services, medicines and funeral expenses, unless the

injury was proximately caused by the employee being intoxicated, under the influence of a

controlled substance not prescribed by the employee’s physician or under the influence of

marihuana (marijuana).

Testing Procedures

An injury is deemed to have been proximately caused by the employee being intoxicated or

under the influence of a controlled substance not prescribed by the employee’s physician or

under the influence of marihuana (marijuana) if any of the following apply.

1. Within eight hours of the injury, the employee’s blood alcohol level tests equal to or

greater than .08%*.

2. Within eight hours of the injury, the employee’s breath alcohol level tests equal to or

greater than .08g/210L*.

3. Within eight hours of the injury, the employee’s urine alcohol level tests equal to or

greater than .11g/100 ml*.

4. Within 32 hours of the injury, the employee tests above both the following levels

established for an enzyme multiplied immunoassay technique (EMIT) screening test

and above the following levels established for a gas chromatography/mass spectrometry

test, or in the alternative, above the levels established for a gas chromatography/mass

spectrometry (GC/MS) test alone as follows, for substances not prescribed by a

physician or marihuana (marijuana):

A. for amphetamines, 1000 ng/ml of urine for the EMIT test and 500 ng/ml of urine

for the GC/MS test;

B. for cannabinoids, 50 ng/ml of urine for the EMIT test and 15 ng/ml of urine for

the GC/MS test;

C. for cocaine, including crack cocaine, 300 ng/ml of urine for the EMIT test and

150 ng/ml of urine for the GC/MS test;

D. for opiates, 2000 ng/ml of urine for the EMIT test and 2000 ng/ml of urine for the

GC/MS test and

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OHIO POLICY REFERENCE MANUAL©

File: GBE-R

E. for phencyclidine, 25 ng/ml of urine for the EMIT test and 25 ng/ml of urine for

the GC/MS test.

5. The employee, through a chemical test administered within 32 hours of the injury, is

determined to have barbiturates, benzodiazepines, methadone or propoxyphene in the

employee’s system that tests above levels established by laboratories certified by the

U.S. Department of Health and Human Services (HHS).

6. The employee refuses to submit to a requested chemical test.

Legal Protections

All testing will be conducted by a qualified, federally certified testing laboratory or a laboratory

that meets or exceeds HHS standards for laboratory certification selected by the Board, and any

positive test result will be confirmed by a medical review officer.

Confidentiality

All test results will remain confidential as between the employee, the Board and the Bureau of

Workers’ Compensation.

*This represents the minimum testing level used to establish intoxication under current State law

prohibiting the operation of a motor vehicle while intoxicated, otherwise known as the State

“OMVI” law.

Approval date: May 21, 2019

THIS IS A REQUIRED REGULATION

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STAFF-STUDENT RELATIONS

The relationship between the District’s staff and students must be one of cooperation,

understanding and mutual respect. Staff members have a responsibility to provide an atmosphere

conducive to learning and to motivate each student to perform to his/her capacity.

Staff members should strive to secure individual and group discipline, and should be treated with

respect by students at all times. By the same token, staff members should extend to students the

same respect and courtesy that they, as staff members, have a right to demand.

Although it is desired that staff members have a sincere interest in students as individuals,

partiality and the appearance of impropriety must be avoided. Excessive informal and/or social

involvement with students is prohibited. Such conduct is not compatible with professional ethics

and, as such, will not be tolerated.

Staff members are expected to use good judgment in their relationships with students both inside

and outside of the school context including, but not limited to, the following guidelines.

1. Staff members shall not make derogatory comments to students regarding the school,

its staff and/or other students.

2. The exchange of purchased gifts between staff members and students is discouraged.

3. Staff-sponsored parties at which students are in attendance, unless they are a part of the

school’s extracurricular program and are properly supervised, are prohibited.

4. Staff members shall not fraternize, written or verbally, with students except on matters

that pertain to school-related issues.

5. Staff members shall not associate with students at any time in any situation or activity

that could be considered sexually suggestive or involve the presence or use of tobacco,

alcohol or drugs.

6. Dating between staff members and students is prohibited.

7. Staff members shall not use insults or sarcasm against students as a method of forcing

compliance with requirements or expectations.

8. Staff members shall maintain a reasonable standard of care for the supervision, control

and protection of students commensurate with their assigned duties and responsibilities.

9. Staff members shall not send students on personal errands.

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10. Staff members shall, pursuant to law and Board policy, immediately report any

suspected signs of child abuse or neglect.

11. Staff members shall not attempt to diagnose or treat a student’s personal problem

relating to sexual behavior, substance abuse, mental or physical health and/or family

relationships but, instead, should refer the student to the appropriate individual or

agency for assistance.

12. Staff members shall not disclose information concerning a student, other than directory

information, to any person not authorized to receive such information. This includes,

but is not limited to, information concerning assessments, ability scores, grades,

behavior, mental or physical health and/or family background.

Social Media Networking Websites

1. District staff who have a presence on social networking websites are prohibited from

posting data, documents, photographs or inappropriate information on any website

social media platform that might result in a disruption of classroom activity or that

violates State or Federal law relating to staff and student privacy. The

Superintendent/designee has full discretion in determining when a disruption of

classroom activity has occurred.

2. District staff are prohibited from providing personal social networking website media

passwords to students.

3. Fraternization between District staff and students via the internet, personal email

accounts, text messaging, personal social networking websites media and other modes

of virtual technology is also prohibited.

4. Access of personal social networking websites media during school hours is prohibited.

Violation of the prohibitions listed above will result in staff and/or student discipline in

accordance with State law, Board policies and regulations, the staff and student codes of conduct

and handbooks and/or staff negotiated agreements. Nothing in this policy prohibits District staff

and students from the use of education websites and/or use of social networking websites media

created for curricular, cocurricular or extracurricular purposes.

Adoption date: May 21, 2019

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LEGAL REF.: ORC 3313.20

CROSS REFS.: GBC, Staff Ethics

GBCA, Staff Conflict of Interest

GBCB, Staff Conduct

GBI, Staff Gifts and Solicitations

IIBH, District Websites

JFC, Student Conduct (Zero Tolerance)

JG, Student Discipline

JHF, Student Safety

JHG, Reporting Child Abuse

JL, Student Gifts and Solicitations

JO, Student Records

KBA, Public’s Right to Know

Staff Handbooks

Student Handbooks

CONTRACT REFS.: Teachers’ Negotiated Agreement

Support Staff Negotiated Agreement

NOTE: The success or failure of the instructional program is influenced heavily upon the

relationship between staff and students. Boards are encouraged to use this policy

as a tool in which to set the parameters for the relationship between staff and

students. Specific provisions may be added, modified or removed.

The popularity of social networking websites media is yet another concern for

districts. These sites add another layer of responsibility and accountability to the

relationship between staff and students. The language suggested in this section is

permissive, meaning that boards may or may not choose to include this language in

the policy.

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DRUG-FREE WORKPLACE

The Board endeavors to provide a safe workplace for all employees, realizing that the use/abuse

of drugs and alcohol can endanger the health, safety and well-being of the nonuser, as well as the

user.

Because of the Board’s commitment to provide a safe workplace, no employee shall unlawfully

manufacture, distribute, dispense, possess or use any narcotic drug, hallucinogenic drug,

amphetamine, barbiturate, marijuana, alcohol or any other controlled substance, as defined in

State and/or Federal law, in the workplace. The Board also prohibits the use and possession of

legally acquired medical marijuana in the workplace.

“Workplace” is the site for the performance of any work done in connection with the District.

The workplace includes any District building, property, vehicles or Board-approved vehicle used

to transport students to and from school or school activities (at other sites off District property) or

any school-sponsored or District activity, event or function, such as a field trip or athletic event in

which students are under the jurisdiction of District authorities.

As a condition of employment, each employee shall notify his/her supervisor, in writing, of

his/her conviction of any criminal drug statute for a violation occurring in the workplace as

defined above, not later than five days after such conviction.

Employees are given a copy of the standards of conduct and the statement of disciplinary

sanctions and are notified that compliance with the standards of conduct is mandatory. When the

District has reasonable suspicion an employee is under the influence of any narcotic drug,

hallucinogenic drug, amphetamine, barbiturate, marijuana, alcohol or any other controlled

substance, as defined in State and/or Federal law, the employee may be subject to testing in

accordance with prescribed administrative regulations, local, State and Federal law and/or the

negotiated agreement and may be considered in violation of this policy. Employees who violate

the policy shall be subject to disciplinary proceedings in accordance with prescribed

administrative regulations, local, State and Federal law and/or the negotiated agreement, up to and

including termination. Any employee in violation of this policy may be required to participate in

a drug-abuse assistance or rehabilitation program approved by the Board.

All employees are provided the opportunity to participate in a drug-free awareness program to

inform them of requirements, services and penalties.

A list of local drug and alcohol counseling, rehabilitation and re-entry programs and services

offered in the community is made available to employees.

Adoption date: May 21, 2019

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LEGAL REFS.: Drug-Free Workplace Act of 1988; 41 USC 701 et seq.;

20 USC 3474, 1221e-3(a)(1)

Drug-Free Campus and Schools Act; 20 USC 3224(a)

ORC 3796.28

4123.01 et seq.; 4123.35; 4123.54

CROSS REFS.: EB, Safety Program

EEACD, Drug Testing for District Personnel Required to Hold a

Commercial Driver’s License

GBCB, Staff Conduct

GBE, Staff Health and Safety

GBQ, Criminal Records Check

Staff Handbooks

CONTRACT REFS.: Teachers’ Negotiated Agreement

Support Staff Negotiated Agreement

NOTE: House Bill (HB) 523 (2016) created a medical marijuana program; the rules must

still be adopted for implementation of the program. HB 523 allows employers to

extend drug free workplace policies to include medical marijuana. Districts should

review negotiated agreements when updating policies and procedures related to

drug free workplaces and testing.

THIS IS A REQUIRED POLICY

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SUPPORT STAFF CONTRACTS AND COMPENSATION PLANS

(Select the following two paragraphs for local, exempted village and joint vocational districts and

educational service centers.)

Contracts

All newly hired, regular support staff employees, including regular hourly rate and per diem

employees, enter into written contracts for their employment, which are for a period of not more

than one year. If such employees are rehired at the end of their first contracts, their three

subsequent contracts are for periods of two years each.

After the expiration of the third two-year contract, if the contract of an employee is renewed, the

employee receives a continuing contract. The salary provided in the contract may be increased

but not reduced unless such reduction is a part of a uniform plan affecting the support staff

employees of the entire District.

(Select the following paragraph for city districts.)

Contracts

All newly hired, regular support staff employees, including regular hourly rate and per diem

employees, serve a probationary period of not less than 60 days nor more than one year. This

period is set by the local municipal civil service commission. If such employees successfully

complete this probationary period, they are considered as permanent employees.

(Add the following paragraphs to all versions.)

Compensation Plans

In determining and developing salary schedules for support staff other than administrators, the

Board considers the responsibilities of the position, the qualifications needed, past experience of

the individual and years of service credit.

Salaries for support staff are reviewed and established annually by the Board upon the

recommendation of the Superintendent.

In compliance with State law, employees are notified in writing by July 1 of their salary for the

following school year.

Adoption date: May 1, 2019

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LEGAL REFS.: ORC Chapter 124

3317.12

3319.081 through 3319.083; 3319.088

CROSS REFS.: GDBA, Support Staff Salary Schedules

GDBC, Support Staff Fringe Benefits

GDBD, Support Staff Leaves and Absences

GDBE, Support Staff Vacations and Holidays

NOTE: For the convenience of all concerned, it is suggested that policies relating to the

support staff parallel in coding, format and treatment of negotiated items, policies

relating to the professional staff.

City districts should cite Ohio Revised Code Chapter 124 and are governed by the

civil service rules and regulations pertaining to appointment and contractual status.

Senate Bill 216 (2018) revised the contract sequence for nonteaching employees.

Prior to adopting this policy districts should review it in conjunction with local

collective bargaining agreements to determine if the contract sequence outlined

here is the one followed in the district.

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STUDENT ABSENCES AND EXCUSES

Regular attendance by all students is very important. In many cases, irregular attendance is the

major reason for poor schoolwork; therefore, all students are urged to make appointments, do

personal errands, etc., outside of school hours.

Reasons for which students may be excused include, but are not limited to:

1. personal illness of the student;

2. illness in the student’s family necessitating the presence of the child;

3. needed at home to perform necessary work directly and exclusively for parents or legal

guardians for a limited period of time when approved by the Superintendent (applies to

students over 14 years of age only);

4. death in the family (applies to absences of up to 18 school hours unless a reasonable

cause may be shown for a longer absence);

5. quarantine for contagious disease;

6. observance of religious holidays consistent with a student’s truly held religious belief;

7. traveling out of state to attend a Board-approved enrichment activity or extracurricular

activity (applies to absences of up to 24 school hours);

8. college visitation;

9. absences due to a student’s placement in foster care or change in foster care placement

or any court proceedings related to their foster care status;

10. absences due to a student being homeless or

11. as determined by the Superintendent.

The District makes an attempt to contact the parent, guardian, or other person having care

of a student who has not notified the school of the student’s absence that day regarding

that student’s unexcused absence within 120 minutes of the start of the school day. The

Board authorizes the Superintendent to determine and use the appropriate notification

procedure and methods consistent with State law.

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Each student who is absent must immediately, upon return to school, make arrangements with

his/her teacher(s) to make up work missed. Students who are absent from school for reasons not

permitted by State law may, or may not, be permitted to make up work. Each case is considered

on its merits by the principal and the respective teacher(s). Students who are absent due to an in-

school or out-of-school suspension are permitted to make up missed classroom assignments in

accordance with District level policies and procedures. Students are requested to bring a note

to school after each absence explaining the reason for the absence or tardiness.

The Board does not believe that students should be excused from school for vacations or other

nonemergency trips. The responsibility for such absences resides with the parent(s), and they

must not expect any work missed by their child to be retaught by the teacher. If the school is

notified in advance of such a trip, reasonable efforts are made to prepare a general list of

assignments for the student to do while he/she is absent.

The Board authorizes the Superintendent to establish a hearing and notification procedure for the

purpose of denying a student’s driving privileges if that student of compulsory school age has

been absent without legitimate excuse for more than 60 consecutive hours during a school month

or a total of at least 90 hours during a school year.

Adoption date: May 21, 2019

LEGAL REFS.: ORC 3313.609; 3313.66

3321.01; 3321.03; 3321.04; 3321.13; 3321.14; 3321.141; 3321.19;

3321.38

4510.32

OAC 3301-69-02

CROSS REFS.: IGAC, Teaching About Religion

IKB, Homework

JEDB, Student Dismissal Precautions

JEE, Student Attendance Accounting (Missing and Absent Children)

JHC, Student Health Services and Requirements

JHCC, Communicable Diseases

NOTE: In 2009, the Ohio General Assembly enacted House Bill (HB) 1, which directed

school districts to count – up to 24 school hours as excused absences – time that a

student is absent from school for the sole purpose of traveling out of state to a

board-approved enrichment activity or an extracurricular activity. The student is

required to make up all missed classroom assignments.

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In addition, if the student will be out of the state for 24 or more consecutive school

hours for a board-approved enrichment activity or extracurricular activity, a

classroom teacher employed by the board must accompany the student to provide

instructional assistance.

HB 66 added a requirement that districts will attempt to contact the parent,

guardian, or other person having care of a student regarding that student’s

unexcused absence within 120 minutes of the start of the school day using a

method consistent with State law. The following methods are acceptable:

A telephone call placed in-person

An automated telephone call (via a system that includes verification that

each call was actually placed)

A notification sent through the school’s automated student information

system

A text message

An email

An in-person visit

Any other notification procedure that has been adopted by resolution of

the board of education

Schools are not required to notify a parent who notifies the school of the

student’s absence within the first 120 minutes after the beginning of the school

day. In addition, an immunity provision is included in the new law, which states

that a school district or any officer, director, employee, or any member of the

district board of education is not liable in a civil action for injury, death, or loss to

person or property from an employee’s action or inaction in good faith

compliance with the law.

HB 491 requires boards to adopt a policy establishing parameters for completing

and grading assignments missed due to a student’s suspension. The policy must

permit the completion of classroom assignments missed and students must receive

at least partial credit for completed assignments. The policy may permit grade

reductions and must prohibit the receipt of a failing grade solely on account of

the student’s suspension. Districts may further customize this policy to reflect

parameters or outline in detail in student handbooks.

THIS IS A REQUIRED POLICY

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STUDENT ATTENDANCE ACCOUNTING

(Missing and Absent Children)

The Board believes in the importance of trying to decrease the number of missing children;

therefore, efforts are made to identify missing children and to notify the proper adults or

agencies.

Except where required by State law, at the time of initial entry into school, a student shall present

to the person in charge of admission an official copy of a birth certificate and copies of those

records pertaining to him/her that were maintained by the school that he/she most recently

attended. In lieu of a birth certificate, birth documentation may include:

1. a passport or attested transcript thereof filed with a registrar of passports at a point of

entry of the United States showing the date and place of birth of the child;

2. an attested transcript of the certificate of birth;

3. an attested transcript of the certificate of baptism or other religious record showing the

date and place of birth of the child;

4. an attested transcript of a hospital record showing the date and place of birth of the

child or

5. a birth affidavit.

Except where required by State law, if the student does not present copies of the required

documents, the principal shall call the school from which the student transferred and request the

information. If that district has no record on file of the student or if that district does not send the

records within 14 days, the principal shall notify the law enforcement agency having jurisdiction

in the area where the student resides of the possibility that the student might be a missing child.

The primary responsibility for supervision of a student resides with his/her parent(s). The staff

provides as much assistance as is reasonable to parents with this responsibility.

Parents must notify the school on the day a student is absent unless previous notification has

been given in accordance with school procedure for excused absences. The principal or his/her

designee is also required to notify a student’s parent(s) when the student is absent from school.

The District makes an attempt to contact the parent, guardian, or other person having care

of a student who has not notified the school of the student’s absence that day regarding

that student’s unexcused absence with 120 minutes of the start of the school day. The

Board authorizes the Superintendent to determine and use the appropriate notification

procedure and methods consistent with State law.

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The parent(s) or other responsible person shall be notified by telephone or written notice, which

is mailed on the same day that the student is absent. Parents or other responsible persons shall

provide the school with their current home and/or work telephone numbers, home addresses and

any emergency telephone numbers.

The Board designates the Superintendent to develop informational programs for students, parents

and community members relative to the subject of missing children.

Adoption date: May 21, 2019

LEGAL REFS.: ORC 109.65

2901.30

3313.205; 3313.672; 3313.96

3319.321; 3319.322

3321.12

3321.141

3705.05

CROSS REFS.: JEC, School Admission

JECAA, Admission of Homeless Students

JED, Student Absences and Excuses

JEDB, Student Dismissal Precautions

JHF, Student Safety

NOTE: In developing your own policy and complying with the spirit of the law, you may

want to consider the following:

- Building administrators should be consulted during the development of this policy

and any related regulations.

- Materials for informational programs may be obtained from the State Department

of Education.

- Ohio Revised Code Section (RC) 3313.96 authorizes school districts to develop a

voluntary student-fingerprinting program in conjunction with local law

enforcement agencies.

- RC 3319.322 requires the school principal to request any person authorized to take

student photographs to provide a wallet size photograph of each student for

inclusion in his file.

Each school district should make its own decision as to what best suits the needs of

their particular district.

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House Bill (HB) 367 (2014) defines a “protected child” as a child placed in a foster

home as defined by Ohio Revised Code Section (RC) 5103.02 or in a residential

facility defined as a group home for children, a children’s crisis care facility,

children’s residential center, residential parenting facility that provides 24-hour

childcare, county children’s home or district children’s home. A protected child or

their parent/guardian has 90 days from initial entry to the school to present a birth

certificate or comparable document. The definition and accompanying prohibition

on denying a protected child admission based solely on inability to present a birth

certificate upon enrollment is found in RC 3313.672.

HB 66 added a requirement that districts will attempt to contact the parent,

guardian, or other person having care of a student regarding that student’s

unexcused absence within 120 minutes of the start of the school day using a

method consistent with State law. The following methods are acceptable:

A telephone call placed in-person

An automated telephone call (via a system that includes verification that

each call was actually placed)

A notification sent through the school’s automated student information

system

A text message

An email

An in-person visit

Any other notification procedure that has been adopted by resolution of

the board of education

Schools are not required to notify a parent who notifies the school of the

student’s absence within the first 120 minutes after the beginning of the school

day. In addition, an immunity provision is included in the new law, which states

that a school district or any officer, director, employee, or any member of the

district board of education is not liable in a civil action for injury, death, or loss to

person or property from an employee’s action or inaction in good faith

compliance with the law.

THIS IS A REQUIRED POLICY

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HAZING AND BULLYING

(Harassment, Intimidation and Dating Violence)

Hazing means doing any act or coercing another, including the victim, to do any act of initiation

into any student or other organization that causes or creates a substantial risk of causing mental

or physical harm to any person.

Throughout this policy the term bullying is used in place of harassment, intimidation and

bullying.

Bullying, harassment and intimidation is an intentional written, verbal, electronic or physical act

that a student has exhibited toward another particular student more than once. The intentional

act also includes violence within a dating relationship. The behavior causes mental or physical

harm to the other student and is sufficiently severe, persistent or pervasive that it creates an

intimidating, threatening or abusive educational environment for the other student. This

behavior is prohibited on school property, on a school bus or at a school-sponsored activity.

Students found responsible for harassment, intimidation or bullying by an electronic act may be

suspended.

Permission, consent or assumption of risk by an individual subjected to hazing, bullying and/or

dating violence does not lessen the prohibition contained in this policy.

The District includes, within the health curriculum, age-appropriate instruction in dating violence

prevention education in grades 7 to 12. This instruction includes recognizing warning signs of

dating violence and the characteristics of healthy relationships.

Prohibited activities of any type, including those activities engaged in via computer and/or

electronic communications devices or electronic means, are inconsistent with the educational

process and are prohibited at all times. The District educates minors about appropriate online

behavior, including interacting with other individuals on social networking websites and in chat

rooms and cyberbullying awareness and response.

No administrator, teacher or other employee of the District shall encourage, permit, condone or

tolerate any hazing and/or bullying activities. No students, including leaders of student

organizations, are permitted to plan, encourage or engage in any hazing and/or bullying.

Administrators, teachers and all other District employees are particularly alert to possible

conditions, circ*mstances or events that might include hazing, bullying and/or dating violence.

If any of the prohibited behaviors are planned or discovered, involved students are informed by

the discovering District employee of the prohibition contained in this policy and are required to

end all such activities immediately. All hazing, bullying and/or dating violence incidents are

reported immediately to the principal/designee and appropriate discipline is administered.

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The Superintendent/designee must provide the Board President with a semiannual written

summary of all reported incidents and post the summary on the District’s website, to the extent

permitted by law.

The administration provides training on the District’s hazing and bullying policy to District

employees and volunteers who have direct contact with students and by November 30 annually

reports to the Ohio Department of Education compliance with this requirement through the

consolidated school mandate report. If the District reports noncompliance the

Superintendent/designee must provide a written explanation to the Board within 30 days

explaining this noncompliance and a written plan of action for accurately and efficiently

addressing the problem.

Additional training is provided to elementary employees in violence and substance abuse

prevention and positive youth development.

District employees, students and volunteers have qualified civil immunity for damages arising

from reporting an incident of hazing and/or bullying. Administrators, teachers, other employees

and students who fail to abide by this policy may be subject to disciplinary action and may be

liable for civil and criminal penalties in compliance with State and Federal law.

No one is permitted to retaliate against an employee or student because he/she files a grievance

or assists or participates in an investigation, proceeding or hearing regarding the charge of hazing

and/or bullying of an individual.

Adoption date: May 21, 2019

LEGAL REFS.: Children’s Internet Protection Act; 47 USC 254 (h)(5)(b)(iii);

(P.L. 106-554, HR 4577, 2000, 114 Stat 2763)

ORC 117.53

2307.44

2903.31

3301.22

3301.68

3313.666; 3313.667

3319.073; 3319.321

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CROSS REFS.: AC, Nondiscrimination

ACA, Nondiscrimination on the Basis of Sex

ACAA, Sexual Harassment

EDE, Computer/Online Services (Acceptable Use and Internet Safety)

IGAE, Health Education

IIBH, District Websites

JFC, Student Conduct (Zero Tolerance)

JFCEA, Gangs

JFCK, Use of Electronic Communications Equipment by Students

JG, Student Discipline

JHG, Reporting Child Abuse

JO, Student Records

Student Handbooks

NOTE: The terminology of bullying in this policy also includes harassment and

intimidation and is defined as an intentional written, verbal, electronic or physical

act that a student has exhibited toward another particular student more than once.

The behavior causes mental or physical harm to the other student and is sufficiently

severe, persistent or pervasive that it creates an intimidating, threatening or

abusive educational environment for the other student.

Violence within a dating relationship is also included in this prohibition against

harassment, intimidation and bullying.

The Children’s Internet Protection Act added a requirement that effective July 1,

2012, all school districts participating in the E-Rate program must include

language in their Internet safety policy regarding the education of minors

concerning appropriate online behavior, including interacting with other

individuals on social networking websites and in chat rooms and cyberbullying

awareness and response and to develop an educational plan to implement the

program. Helpful resources are available at OnGuardOnline.gov.

HB 116 (The Jessica Logan Act), signed by the Governor on February 2, 2012,

requires districts to update Hazing and Bullying policies to include several new

requirements by November 2012. The majority of language changes appear in

Ohio Revised Code Section (RC) 3313.666.

Senate Bill 216 (2018) enacted RC 3301.68 requiring the Ohio Department of

Education (ODE) to establish, distribute and monitor a consolidated school

mandate report for school districts. Except where specifically required by law,

ODE cannot require a separate report for the items included in the report. Each

district must complete and file the report by November 30 annually.

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The report must require each district or school to denote “yes” to indicate

compliance or “no” to indicate noncompliance with the following prescribed items

and to provide any other information that the department requests regarding those

items:

Training on the use of physical restraint or seclusion on students;

Training on harassment, intimidation, or bullying;

Training on the use of cardiopulmonary resuscitation and an automated

external defibrillator;

Training on crisis prevention intervention;

The establishment of a wellness committee;

The reporting of a district’s or school’s compliance with nutritional standards;

Screening for hearing, vision, speech and communications, and health or

medical problems and for any developmental disorders of students enrolled for

the first time in kindergarten or first grade and

Compliance with interdistrict and intradistrict open enrollment requirements.

If a district or school denotes “no” on any item it must provide a written

explanation to the board within 30 days for why that item was not completed and a

written plan of action for accurately and efficiently addressing the problem.

THIS IS A REQUIRED POLICY

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HAZING AND BULLYING

(Harassment, Intimidation and Dating Violence)

The prohibition against hazing, dating violence, harassment, intimidation or bullying is

publicized in student handbooks and in the publications that set the standard of conduct for

schools and students in the District. In addition, information regarding the policy is incorporated

into employee handbooks and training materials.

School Personnel Responsibilities and Complaint Procedures

Hazing, bullying behavior and/or dating violence by any student/school personnel in the District

is strictly prohibited, and such conduct may result in disciplinary action, up to and including

suspension and/or expulsion from school. Hazing, bullying and/or dating violence means any

intentional written, verbal, graphic or physical acts, including electronically transmitted acts,

either overt or covert, by a student or group of students toward other students/school personnel

with the intent to haze, harass, intimidate, injure, threaten, ridicule or humiliate. Such behaviors

are prohibited on or immediately adjacent to school grounds, at any school-sponsored activity; in

any District publication; through the use of any District-owned or operated communication tools,

including but not limited to District email accounts and/or computers; on school-provided

transportation or at any official school bus stop.

Hazing, bullying and/or dating violence can include many different behaviors. Examples of

conduct that could constitute prohibited behaviors include, but are not limited to:

1. physical violence and/or attacks;

2. threats, taunts and intimidation through words and/or gestures;

3. extortion, damage or stealing of money and/or possessions;

4. exclusion from the peer group or spreading rumors;

5. repetitive and hostile behavior with the intent to harm others through the use of

information and communication technologies and other Web-based/online sites (also

known as “cyberbullying”), such as the following:

A. posting slurs on websites, social networking sites, blogs or personal online

journals;

B. sending abusive or threatening emails, website postings or comments and instant

messages;

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C. using camera phones to take embarrassing photographs or videos of students

and/or distributing or posting the photos or videos online and

D. using websites, social networking sites, blogs or personal online journals, emails

or instant messages to circulate gossip and rumors to other students.

6. excluding others from an online group by falsely reporting them for inappropriate

language to internet service providers.

In evaluating whether conduct constitutes hazing or bullying, special attention is paid to the

words chosen or the actions taken, whether such conduct occurred in front of others or was

communicated to others, how the perpetrator interacted with the victim and the motivation, either

admitted or appropriately inferred.

Teachers and Other School Staff

Teachers and other school staff who witness acts of hazing, bullying and/or dating violence, as

defined above, promptly notify the building principal/designee of the event observed, and

promptly file a written incident report concerning the events witnessed.

Teachers and other school staff who receive student or parent reports of suspected hazing,

bullying and/or dating violence promptly notify the building principal/designee of such report(s).

If the report is a formal, written complaint, the complaint is forwarded to the building

principal/designee no later than the next school day. If the report is an informal complaint by a

student that is received by a teacher or other professional employee, he/she prepares a written

report of the informal complaint that is forwarded to the building principal/designee no later than

the next school day.

Complaints

1. Formal Complaints

Students and/or their parents or guardians may file reports regarding suspected hazing,

harassment, intimidation, bullying and/or dating violence. The reports should be

written. Such written reports must be reasonably specific including person(s) involved;

number of times and places of the alleged conduct; the target of suspected harassment,

intimidation and/or bullying and the names of any potential student or staff witnesses.

Such reports may be filed with any school staff member or administrator. They are

promptly forwarded to the building principal/designee for review and action.

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2. Informal Complaints

Students, parents or guardians and school personnel may make informal complaints of

conduct that they consider to be harassment, intimidation and/or bullying by verbal

report to a teacher, school administrator or other school personnel. Such informal

complaints must be reasonably specific as to the actions giving rise to the suspicion of

hazing, harassment, intimidation and/or bullying, including person(s) involved, number

of times and places of the alleged conduct, the target of the prohibited behavior(s) and

the names of any potential student or staff witness. The school staff member or

administrator who receives the informal complaint promptly documents the complaint

in writing, including the above information. This written report by the school staff

member and/or administrator is promptly forwarded to the building principal/designee

for review and action.

3. Anonymous Complaints

Students who make informal complaints as set forth above may request that their name

be maintained in confidence by the school staff member(s) and administrator(s) who

receive the complaint. The anonymous complaint is reviewed and reasonable action is

taken to address the situation, to the extent such action (1) does not disclose the source

of the complaint, and (2) is consistent with the due process rights of the student(s)

alleged to have committed acts of hazing, bullying and/or dating violence.

4. False Complaints

Students are prohibited from deliberately making false complaints of harassment,

intimidation or bullying. Students found responsible for deliberately making false

reports of harassment, intimidation or bullying may be subject to a full range of

disciplinary consequences.

Intervention Strategies

1. Teachers and Other School Staff

In addition to addressing both informal and formal complaints, school personnel are

encouraged to address the issue of hazing, bullying and/or dating violence in other

interactions with students.

School personnel may find opportunities to educate students about harassment, hazing,

intimidation and bullying and help eliminate such prohibited behaviors through class

discussions, counseling and reinforcement of socially appropriate behavior. School

personnel should intervene promptly whenever they observe student conduct that has

the purpose or effect of ridiculing, humiliating or intimidating another student/school

personnel, even if such conduct does not meet the formal definition of harassment,

hazing, intimidation or bullying.

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2. Administrator Responsibilities

A. Investigation

The principal/designee is notified of any formal or informal complaint of

suspected harassment, hazing, intimidation or bullying. Under the direction of the

building principal/designee, all such complaints are investigated promptly. A

written report of the investigation is prepared when the investigation is complete.

The report includes findings of fact, a determination of whether acts of hazing,

bullying and/or dating violence were verified, and when prohibited acts are

verified, a recommendation for intervention, including disciplinary action, is

included in the report. Where appropriate, written witness statements are attached

to the report.

Notwithstanding the foregoing, when a student making an informal complaint has

requested anonymity, the investigation of such complaint is limited as is

appropriate in view of the anonymity of the complaint. Such limitation of the

investigation may include restricting action to a simple review of the complaint

(with or without discussing it with the alleged perpetrator), subject to receipt of

further information and/or the withdrawal by the complaining student of the

condition that his/her report be anonymous.

When hazing and/or bullying is based on race, color, national origin, sex, or

disability, and the behavior creates a hostile environment, the hazing and bullying

investigation is suspended while the applicable nondiscrimination grievance

procedures are implemented.

B. Nondisciplinary Interventions

When verified acts of hazing, bullying and/or dating violence are identified early

and/or when such verified acts do not reasonably require a disciplinary response,

students may be counseled as to the definition of the behavior, its prohibition and

their duty to avoid any conduct that could be considered harassing, hazing,

intimidating and/or bullying.

If a complaint arises out of conflict between students or groups of students, peer

mediation may be considered. Special care, however, is warranted in referring

some cases to peer mediation. A power imbalance may make the process

intimidating for the victim and therefore inappropriate. The victim’s

communication and assertiveness skills may be low and could be further eroded

by fear resulting from past intimidation and fear of future intimidation. In such

cases, the victim should be given additional support. Alternatively, peer

mediation may be deemed inappropriate to address the concern.

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C. Disciplinary Interventions

When acts of harassment, intimidation and bullying are verified and a disciplinary

response is warranted, students are subject to the full range of disciplinary

consequences. Anonymous complaints that are not otherwise verified, however,

cannot provide the basis for disciplinary action.

In and out-of-school suspension may be imposed only after informing the accused

perpetrator of the reasons for the proposed suspension and giving him/her an

opportunity to explain the situation.

Expulsion may be imposed only after a hearing before the Board, a committee of

the Board or an impartial hearing officer designated by the Board in accordance

with Board policy. This consequence is reserved for serious incidents of

harassment, intimidation or bullying and/or when past interventions have not been

successful in eliminating prohibited behaviors.

Allegations of criminal misconduct are reported to law enforcement, and

suspected child abuse is reported to Child Protective Services, per required time

lines.

Report to the Custodial Parent or Guardian of the Perpetrator

If, after investigation, acts of harassment, intimidation and bullying by a specific student are

verified, the building principal/designee notifies the custodial parent or guardian of the

perpetrator, in writing, of that finding. If disciplinary consequences are imposed against such

student, a description of such discipline is included in such notification.

Strategies are developed and implemented to protect students from new or additional harassment,

intimidation or bullying, and from retaliation following reporting of incidents.

Reports to the Victim and His/Her Custodial Parent or Guardian

If, after investigation, acts of bullying or hazing against a specific student are verified, the

building principal/designee notifies the custodial parent/guardian of the victim of the finding.

In providing such notification, care must be taken to respect the statutory privacy rights of the

perpetrator.

Bullying matters, including the identity of both the charging party and the accused, are kept

confidential to the extent possible. Although discipline may be imposed against the accused

upon a finding of guilt, retaliation is prohibited.

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OHIO POLICY REFERENCE MANUAL©

File: JFCF-R

School administrators shall notify both the custodial parents or guardians of a student who

commits acts of harassment, intimidation, bullying and/or dating violence and the custodial

parents or guardians of students against whom such acts were committed, and shall allow access

to any written reports pertaining to the incident, to the extent permitted by law.

Police and Child Protective Services

In addition to, or instead of, filing a complaint through this policy, a complainant may choose to

exercise other options including, but not limited to, filing a complaint with outside agencies or

filing a private lawsuit. Nothing prohibits a complainant from seeking redress under any other

provision of State law or common law that may apply.

The District must also investigate incidents of hazing, bullying and/or dating violence for the

purpose of determining whether there has been a violation of District policy or regulations, even

if law enforcement and/or the public children’s services are also investigating. All District

personnel must cooperate with investigations by outside agencies.

(Approval date:)

NOTE: THIS IS A REQUIRED REGULATION

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USE OF ELECTRONIC COMMUNICATIONS EQUIPMENT BY STUDENTS

Students may be allowed to possess pagers, cellular telephones and other electronic

communications devices while on school property or while attending school-sponsored activities

on or off school property, as long as these devices are turned off during school hours. used in

compliance with building regulations.

Students violating District procedures for use of electronic devices may have their device

confiscated and may be subject to discipline.

First time violators of this policy are reported to the principal, who confiscates the device and

holds it in his/her office until the end of the school day.

The District assumes no liability if these devices are broken, lost or stolen. Notices of this policy

are posted in a central location in every school building and in the student handbooks.

Adoption date: May 21, 2019

LEGAL REFS.: ORC 3313.20; 3313.753

CROSS REFS.: AC, Nondiscrimination

EDE, Computer/Online Services (Acceptable Use and Internet Safety)

JFC, Student Conduct (Zero Tolerance)

JFCEA, Gangs

JFCF, Hazing and Bullying (Harassment, Intimidation and Dating Violence)

Student Handbooks

NOTE: If districts want to prohibit or restrict the use of cell phones and other electronic

communications devices by students the board must adopt a policy. This policy

can be customized to reflect district requirements for use or possession. Most

districts leave the details of how these devices can be used within student

handbooks. Districts also may revise this policy to completely prohibit the

possession of electronic communications devices on school property or while

attending school-sponsored activities on or off school property.

File: JGD

STUDENT SUSPENSION

The Superintendent, principals, assistant principals and other designated administrators may

suspend a student from school for disciplinary reasons outlined in the student code of conduct.

A student cannot be suspended from school solely because of unexcused absences. No period of

suspension is for more than 10 school days. If, at the time a suspension is imposed, fewer than

10 days remain in the school year, the Superintendent cannot apply any or all of the period of

suspension to the following year.

The Superintendent may instead require a student to perform community service or another

alternative consequence for the number of hours remaining in the student’s suspension. The

Board directs the Superintendent to develop a list of alternative consequences that may be used.

If the student is required to perform community service or another alternative consequence

during the summer, he/she will be required to begin serving the consequence during the first full

weekday of summer break. If a student fails to complete the community service or assigned

alternative consequence, the Superintendent may determine the next course of action but still

cannot require the student to serve the remaining time of the out-of-school suspension at the

beginning of the following school year.

Whenever possible, principals will consult with a mental health professional under contract with

the District or school prior to suspending a student in grades pre-K through three. If needed, the

principal or mental health professional will assist the student’s parent in locating additional

mental health services.

The District permits students to complete any classroom assignments missed due to suspension.

Students will receive at least partial credit upon completion of any assignment missed due

to suspension. The Board directs the Superintendent to develop written procedures for

completing and grading these assignments. Grade reductions are permitted, but students

will not receive a failing grade on a completed assignment solely due to the student’s

suspension.

The guidelines listed below are followed for all out-of-school suspensions.

1. The student is informed in writing of the potential suspension and the reasons for the

proposed action.

2. The student is provided an opportunity for an informal hearing to challenge the reason

for the intended suspension and explain his/her actions.

3. An attempt is made to notify the parent(s) by telephone if a suspension is issued.

4. Within one school day, a letter is sent to the parent(s) stating the specific reasons for the

suspension and including notice of the right to appeal such action.

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5. Notice of this suspension is sent to the:

A. Superintendent and

B. student’s school record (not for inclusion in the permanent record).

6. Permanent Exclusion — If the offense is one for which the District may seek

permanent exclusion, the notice contains that information.

Appeal Procedure

Should a student or a student’s parent(s) choose to appeal the principal’s suspension, he/she must

do so within 10 calendar days of the notice of suspension. The appeal shall be in writing and

made to the Superintendent. If dissatisfied with the Superintendent’s decision, an appeal may be

made to the Board. At the request of the student or of the student’s parent(s) or attorney, the

meeting may be held in executive session. All witnesses are sworn and a verbatim record is kept

of the hearing. The decision of the Board shall be acted upon at a public meeting. The student

may be excluded from school during the appeal process.

Appeal to the Court

Under State law, appeal of the Board’s or its designee’s decision may be made to the Court of

Common Pleas.

Adoption date: May 21, 2019

LEGAL REFS.: ORC 3313.66; 3313.661; 3313.662; 3313.668

CROSS REFS.: IGCI, Community Service

JEGA, Permanent Exclusion

JFC, Student Conduct (Zero Tolerance)

JFCEA, Gangs

JFCF, Hazing and Bullying (Harassment, Intimidation and Dating Violence)

JFCJ, Weapons in the Schools

JG, Student Discipline

JGE, Student Expulsion

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NOTE: House Bill (HB) 410 (2016) prohibits districts from extending a suspension into the

next school year if there are less than 10 days remaining in the current school year.

The superintendent may instead require the student to complete community service

or another alternative consequence determined appropriate. Districts also are

prohibited from disciplining a student based solely on the basis of the student being

absent from school without legitimate excuse.

HB 318 (2018) restricts out-of-school suspensions and expulsions for students in

grades pre-K through three unless the behavior rises to a certain level specified in

State law. It is recognized that these forms of discipline are commonly used as a

behavior management tool and therefore the General Assembly established a

gradual phase in.

For each of the school years 2018-2019, 2019-2020, 2020-2021 and 2021-2022

each school district must report to Ohio Department of Education (ODE) the

number of out-of-school suspensions and expulsions issued to a student in grades

pre-K through three categorized by the following offenses:

Type 1 - A serious offense for which suspension or expulsion is required or

authorized by law

Type 2 - An offense not classified as a Type 1 serious offense, but for which

the school determined suspension or expulsion was necessary to protect the

immediate health and safety of the student, the student’s classmates, or the

staff and teachers

Type 3 - Any other offense not described above

Using the numbers reported for the 2018-2019 school year as a baseline each district

must reduce the number of Type 3 suspensions and expulsions according to the

following schedule to be in compliance with the revised law:

2017-2018 and 2018-2019 – 0% reduction in Type 3 suspensions and

expulsions

2019-2020 – 25% reduction in Type 3 suspensions and expulsions

2020-2021 – 50% reduction in Type 3 suspensions and expulsions

2021-2022 – 100% reduction in Type 3 suspensions and expulsions

For the 2021-2022 school year and going forward all suspensions and expulsions for

students in any of grades pre-K through three can only be for Type 1 or Type 2 offenses.

Type 3 offenses must be at zero.

Reporting after the 2021-2022 school year will only be required if ODE determines that

continued reporting of the information is needed to effectively carry out the requirements

of HB 318.

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OHIO POLICY REFERENCE MANUAL©

File: JGD

HB 477 addresses the potential liability related to the procurement of mental health

services for students. Under amended Ohio Revised Code 3313.668 a school district,

school board member, or district employee is not liable for damages in a civil action for

injury, death, or loss to person or property allegedly arising from a district employee’s

decision not to procure mental health services for a suspended or expelled student.

There is an exception to this liability protection where the decision is made with

malicious purpose, in bad faith, or in wanton or reckless manner. This new language

does not eliminate, limit or reduce any other immunity or defense to which the district,

board member, or employee may be entitled to under the law.

HB 491 requires boards to adopt a policy establishing parameters for completing and

grading assignments missed due to a student’s suspension. The policy must permit the

completion of classroom assignments missed and students must receive at least partial

credit for completed assignments. The policy may permit grade reductions and must

prohibit the receipt of a failing grade solely on account of the student’s suspension.

Districts may further customize this policy to reflect parameters or outline in detail in

student handbooks.

THIS IS A REQUIRED POLICY

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STUDENT EXPULSION

At times, the behavior of a student can be considered so serious as to justify total removal from

the educational program for a prolonged period of time. Actions meriting expulsion are outlined

in the student code of conduct. A student cannot be expelled from school solely because of

unexcused absences. Only the Superintendent may expel a student. Expulsion is the removal of

a student for more than 10 days, but not more than one year. An expulsion can extend beyond

the end of the school year if there are fewer school days than expulsion days remaining. The

Superintendent may apply any remaining part or all of the period of the expulsion to the

following school year.

The Superintendent may require a student to perform community service in conjunction with or

in place of an expulsion. The Board may adopt guidelines to permit the Superintendent to

impose a community service requirement beyond the end of the school year in lieu of applying

the expulsion into the following school year.

Whenever possible, principals will consult with a mental health professional under contract with

the District or school prior to expelling a student in grades pre-K through three. If needed, the

principal or mental health professional will assist the student’s parent in locating additional

mental health services.

The Superintendent shall give the student and parent(s) written notice of the intended expulsion,

including reasons for the intended expulsion. The student and parent(s) or representative have

the opportunity to appear on request before the Superintendent/designee to challenge the action

or to otherwise explain the student’s actions. This notice shall state the time and place to appear,

which must not be fewer than three days nor more than five days after the notice is given.

Within 24 hours of the expulsion, the Superintendent shall notify the parent(s) of the student and

the Treasurer.

The notice shall include the reasons for the expulsion, the right of the student or parent(s) to

appeal to the Board or its designee, the right to be represented at the appeal and the right to

request that the hearing be held in executive session.

The Superintendent will initiate expulsion proceedings against a student who has committed an

act that warrants expulsion even if the student withdraws from school before the Superintendent

has held the hearings or made the decision to expel the student.

Permanent Exclusion

If the offense is one for which the District may seek permanent exclusion, the notice shall

contain that information.

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Appeal to the Board

A student or a student’s parent(s) may appeal the expulsion by the Superintendent to the Board

or its designee. The expulsion appeal must be within 14 calendar days after the notice of intent

to expel was provided to the student, parent, guardian or custodian. The appeal request shall be

in writing to the Treasurer and at the request of the student or of the student’s parent(s) or

attorney, the meeting may be held in executive session. The student may be represented in all

such appeal proceedings and is granted a hearing before the Board or its designee. All witnesses

are sworn and a verbatim record is kept of the hearing. The decision of the Board shall be acted

upon at a public meeting. The student may be excluded from school during the appeal process.

Appeal to the Court

Under State law, the decision of the Board may be further appealed to the Court of Common

Pleas.

Any student who is expelled from school for more than 20 days or into the following semester or

school year is referred to an agency that works towards improving the student’s attitudes and

behavior. The Superintendent provides the student and his/her parent(s) with the names,

addresses and telephone numbers of the public and private agencies providing such services.

Adoption date: May 21, 2019

LEGAL REFS.: ORC Chapter 2506

3313.66; 3313.661; 3313.662; 3313.668

CROSS REFS.: ECAB, Vandalism

IGCI, Community Service

JEGA, Permanent Exclusion

JFC, Student Conduct (Zero Tolerance)

JFCF, Hazing and Bullying (Harassment, Intimidation and Dating Violence)

JFCJ, Weapons in the Schools

JG, Student Discipline

JGD, Student Suspension

JGDA, Emergency Removal of Student

NOTE: House Bill (HB) 410 (2016) prohibits districts from disciplining a student based

solely on the basis of the student being absent from school without legitimate

excuse.

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HB 318 (2018) restricts out-of-school suspensions and expulsions for students in

grades pre-K through three unless the behavior rises to a certain level specified in

State law. It is recognized that these forms of discipline are commonly used as a

behavior management tool and therefore the General Assembly established a

gradual phase in.

For each of the school years 2018-2019, 2019-2020, 2020-2021 and 2021-2022

each school district must report to Ohio Department of Education (ODE) the

number of out-of-school suspensions and expulsions issued to a student in grades

pre-K through three categorized by the following offenses:

Type 1 - A serious offense for which suspension or expulsion is required or

authorized by law

Type 2 - An offense not classified as a Type 1 serious offense, but for which

the school determined suspension or expulsion was necessary to protect the

immediate health and safety of the student, the student’s classmates, or the

staff and teachers

Type 3 - Any other offense not described above

Using the numbers reported for the 2018-2019 school year as a baseline each district

must reduce the number of Type 3 suspensions and expulsions according to the

following schedule to be in compliance with the revised law:

2017-2018 and 2018-2019 – 0% reduction in Type 3 suspensions and

expulsions

2019-2020 – 25% reduction in Type 3 suspensions and expulsions

2020-2021 – 50% reduction in Type 3 suspensions and expulsions

2021-2022 – 100% reduction in Type 3 suspensions and expulsions

For the 2021-2022 school year and going forward all suspensions and expulsions for

students in any of grades pre-K through three can only be for Type 1 or Type 2 offenses.

Type 3 offenses must be at zero.

Reporting after the 2021-2022 school year will only be required if ODE determines that

continued reporting of the information is needed to effectively carry out the requirements

of HB 318.

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OHIO POLICY REFERENCE MANUAL©

File: JGE

HB 477 addresses the potential liability related to the procurement of mental

health services for students. Under amended Ohio Revised Code 3313.668 a

school district, school board member, or district employee is not liable for

damages in a civil action for injury, death, or loss to person or property allegedly

arising from a district employee’s decision not to procure mental health services

for a suspended or expelled student. There is an exception to this liability

protection where the decision is made with malicious purpose, in bad faith, or in

wanton or reckless manner. This new language does not eliminate, limit or

reduce any other immunity or defense to which the district, board member, or

employee may be entitled to under the law.

THIS IS A REQUIRED POLICY

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REPORTING CHILD ABUSE AND MANDATORY TRAINING

All employees of the District who know or have reasonable cause to suspect that a child under 18

years of age or a disabled child under 21 years of age has suffered, is suffering or faces a threat

of suffering any type of abuse or neglect are required to immediately report such information to

the public children services agency or the local law enforcement agency.

Conversely, public children services agencies must notify the Superintendent of any allegations

of child abuse and neglect reported to them involving the District, as well as the disposition of

the investigation.

To ensure prompt reports, procedures for reporting are made known to the school staff. A person

who participates in making such reports is immune from any civil or criminal liability, provided

the report is made in good faith.

The Board directs the Superintendent/designee to develop a program of in-service training in

child abuse prevention; violence; school safety and violence prevention including human

trafficking; substance abuse, the promotion of positive youth development and youth

suicide awareness and promotion. for all school nurses, teachers, counselors, school

psychologists and administrators. Training is also provided on the Board’s harassment,

intimidation, or bullying policy. Where required this program is developed in consultation

with public or private agencies or persons involved in child abuse prevention, school safety,

violence prevention or intervention programs or youth suicide awareness and prevention.

Each person employed by the Board to work as a school nurse, teacher, counselor, school

psychologist or administrator shall complete at least four hours of the established in-service

training in the prevention of child abuse, violence and substance abuse, school safety and the

promotion of positive youth development within two years of commencing employment with the

District, and every five years thereafter.

In addition, Middle and high school employees who work as teachers, counselors, nurses, school

psychologists and administrators must receive training in dating violence prevention. The

curriculum for training in dating violence prevention is developed by the Superintendent/

designee and training must occur within two years of commencing employment and every five

years thereafter.

Each person employed by the Board to work as a school nurse, teacher, counselor, school

psychologist, administrator or any other personnel the Board deems appropriate shall

complete training in youth suicide awareness and prevention once every two years.

Adoption date: May 21, 2019

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LEGAL REFS.: ORC 2151.011; 2151.421

3313.662; 3313.666

3319.073

CROSS REFS.: EB, Safety Program

EBC, Emergency Management and Safety Plans

IGAE, Health Education

JFCF, Hazing and Bullying (Harassment, Intimidation and Dating Violence)

JHF, Student Safety

THIS IS A REQUIRED POLICY

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NOTIFICATION ABOUT SEX OFFENDERS

Megan’s State Llaw requires certain sexual predators and sex offenders to register with the

sheriff in the county of their residence accordance with law. In some circ*mstances the sheriff

notifies the Superintendent that a sexual predator or habitual sex offender sex offender subject

to community notification has moved into the area is residing, employed or attending school

within the geographical region of the District.

If the Superintendent receives information from the sheriff concerning a sexual predator or

habitual sex offender subject to community notification, the Superintendent disseminates the

information regarding the sexual predator or habitual sex offender subject to community

notification to employees whose duties include supervision of or responsibility for students.

Employees who receive the information are instructed to promptly notify the Superintendent if

the sexual predator or habitual sex offender subject to community notification is observed in

the vicinity of the school. The Superintendent notifies the local law enforcement agency if, in

the judgment of the Superintendent, the presence of the sexual predator or habitual sex offender

subject to community notification appears to be without a legitimate purpose or otherwise

creates concern for the safety of the students. The law enforcement agency evaluates the

situation and takes whatever action it deems appropriate. The law enforcement agency informs

the Superintendent of any action taken and may provide advice regarding any additional action

that the Superintendent should consider taking.

If the Superintendent receives information from the sheriff concerning a sexual predator or

habitual sex offender subject to community notification, the Superintendent may inform parents,

guardians and adult students that he/she has received notice that a sexual predator or habitual sex

offender subject to community notification is residing, employed or attending school within

the geographical region of the District and that certain information concerning the offender is

public record and is open to inspection at the office of the sheriff with whom the offender has

registered.

With juvenile sex offenders, the Superintendent’s notification duties are the same as with adult

offenders. The Superintendent provides a copy of the county sheriff’s sexual offender notice to

his/her staff so that they are aware of the juvenile offender’s information and photograph. The

Superintendent must then notify parents that the school has received notice that a juvenile sex

offender is attending school (or if an adult offender, working or attending school) in the District,

and direct parents who want more information to the county sheriff’s office.

If the Superintendent receives information from the sheriff concerning a sexual predator or

habitual sex offender subject to community notification, he/she shall not release any other

information and shall direct any inquiries to the office of the sheriff with whom the offender has

registered.

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Adoption date: May 21, 2019

LEGAL REFS.: 42 USC 14071

ORC 149.43

2151.355

2152.83; 2152.84

Chapter 2950

OAC 109:5-2

CROSS REFS.: GBQ, Criminal Records Check

JO, Student Records

NOTE: THIS IS A REQUIRED POLICY

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PUBLIC CONDUCT ON DISTRICT PROPERTY

All persons on District grounds are expected to abide by all applicable laws, local ordinances,

Board policies and District and building regulations.

No person on District property may assault, strike, threaten, menace or use improper, indecent or

obscene language toward a teacher, instructor, other District employees or students at any time.

This prohibition is extended to all athletic officials, coaches and athletes in the District and all

visiting teams.

Unless otherwise permitted by law, no person is permitted to bring deadly weapons or dangerous

ordnances into a school safety zone.

No person may disrupt, disturb or interfere with the teaching of any class of students or any other

activity conducted in a school building or upon the campus or grounds at any time.

Whoever violates this policy and/or building regulations will be asked to leave the property by

whoever is in charge. Should that person refuse, law enforcement officials will be called. If the

offender should be a student, the person in charge should report the student to the appropriate

principal. The administration cooperates in any prosecution pursuant to the criminal laws of the

state and local ordinances.

Good Conduct and Sportsmanship

The Board recognizes the value of cocurricular and extracurricular activities in the educational

process and the values that young people develop when they have the opportunity to participate

in an organized activity outside of the classroom.

Students and adults participating in cocurricular and extracurricular activities are expected to

demonstrate responsible behavior and good conduct. The Board encourages the development

and promotion of sportsmanship in all phases of the educational process, including athletics and

all other cocurricular and extracurricular activities. Rules are posted at the entryways to all

athletic events for all participants and spectators to review.

Adoption date: May 21, 2019

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Selected Sample Policy

OHIO POLICY REFERENCE MANUAL©

File: KGB

LEGAL REFS.: Gun-Free Schools Act; 20 USC 1751

Gun-Free School Zones Act; 18 USC 922

ORC 2903.13; 2903.22

2911.21

2917.11

2923.1212; 2923.122

3313.20(A)

CROSS REFS.: GBCB, Staff Conduct

IGD, Cocurricular and Extracurricular Activities

JFC, Student Conduct (Zero Tolerance)

KG, Community Use of School Premises (Equal Access)

KGC, Smoking on District Property

KK, Visitors to the Schools

NOTE: Ohio Revised Code Section (RC) 3313.20(A) grants all school districts the authority

to “make any rules necessary for the government of all persons entering upon

school grounds or premises.” These rules must “be posted conspicuously at or

near the entrance to the school grounds or premises or near the perimeter of the

school grounds or premises, if there are no formal entrances, and at the main

entrance to each school building.”

Because of the unsportsmanlike behavior exhibited by some spectators, districts

may want to implement specific rules and regulations for spectators. Rules and

regulations should include offenses and consequences for violations.

Ohio’s concealed carry gun laws enable an individual with a valid concealed-carry

license or temporary emergency license who is either a driver or passenger in a

motor vehicle in a school safety zone to have a loaded handgun if one of the

following applies: (1) the loaded handgun is in a holster on the person’s person; (2)

the loaded handgun is in a closed case, bag, box or other container that is in plain

sight and that has a lid, cover or closing mechanism with a zipper, snap or buckle,

which lid, cover or closing mechanism must be opened for a person to gain access

to the handgun; or (3) the loaded handgun is securely encased by being stored in a

closed glove compartment or vehicle console or in a case that is locked.

Senate Bill 199 revisions to RC 2923.122, effective March 19, 2017, now allow a

person who has a valid concealed handgun license to leave the firearm in a motor

vehicle while in a school safety zone, so long as the vehicle is locked.

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CHAPERONE LIST

2018-2019 SY

Last Name First Name BCI FBI Bldg Reason FBI on File BCI on File

Albright Bryan x x MS DC x x

Amstutz Benjamin x x MS DC x x

Bakies Theresa x x ES Zoo Trip x x

Banter Amanda x x ES Zoo Trip x x

Barnhart Mary x x ES Zoo Trip x x

Barton Drinda x x MS DC x x

Binkley Kara x x ES Zoo Trip x x

Burden Amanda x x MS DC

Capps Nichole x x ES Zoo Trip x x

Carlson Angie x x MS DC x x

Cash Abigail x x ES Zoo Trip x x

Cheney Angela x x MS DC x x

Clark Audrey x x MS DC x x

Clay Stacy x x MS DC x x

Cox Troy x x ES Zoo Trip x x

Cunningham Mariah x x MS DC x x

Dear Darcy x x ES Zoo Trip x x

Duncan Anna x x MS DC x x

Duncan Mark x x MS DC x x

Duval Jenna x x ES Zoo Trip x x

Dye Allison x x ES Zoo Trip x x

Forest Brooklen x x MS DC x x

Gerten Erica x x ES Zoo Trip x x

Glenn Bobbie x x ES Zoo Trip x x

Graham Brian MS DC x x

Griffiths Lori x x MS DC x x

Harriger Andrew x x ES Zoo Trip x x

Harris Patience x x MS DC x x

Hawkins Gretchen x x ES Zoo Trip x x

Houx Sam x x ES Zoo Trip x x

Jadav April x x ES Zoo Trip x x

Jaynes Cassie x x ES Zoo Trip x x

Jolliff Shane x x ES Zoo Trip x x

Kennedy Nicole x x MS DC x x

Klaus Danielle x x ES Zoo Trip x x

CHAPERONE LIST

2018-2019 SY

Kollars Amber x x MS DC

Kunkleman Cheryl x x ES Zoo Trip x x

Leiendecker Matthew x x MS DC x x

Luersman Keri x x MS DC x x

Marsteller James x x ES Zoo Trip x x

Martin Michelle x x ES Zoo Trip x x

Mattevi Vanessa x x ES Zoo Trip x x

Music Laurie x x ES Zoo Trip x x

Olivieri Melanie x x ES Zoo Trip x x

Padinjarethala Vickie x x ES Zoo Trip x x

Patton Christina x x ES Zoo Trip x x

Ramsey Steven x x MS DC x x

Rempfer Kristen x x ES Zoo Trip x x

Rice Carla x x ES Zoo Trip x x

Robinson Frank x x MS DC x x

Roush Christina x x MS DC x x

Shields Rick x x MS DC & Zoo x x

Sibert Tiffany x x MS DC x x

Stall Susan x x MS DC x x

Stonehill Kimberly x x MS DC x x

Sutherland Aubrey x x ES Zoo Trip x x

Swick Brittney x x ES Zoo Trip x x

Tracy Jessica x x MS DC

Vandemark Michael x x MS DC x x

Vanhorn Barb x x MS DC x x

Vreeland Jimmie x x MS DC x x

Wagar Caryn x x ES Zoo Trip x x

Webb Lisa x x MS DC x x

Welch Ashley x x ES Zoo Trip x x

Whitehead Jennifer x x ES Zoo Trip x x

Willis Rachael x x ES Zoo Trip x x

Wright Stephanie x x ES Zoo Trip x x

CHAPERONE LIST

2018-2019 SY