Section 5000 Students

5030 Assignment of Students to School

The Madison Board of Education (the “Board”) shall identify attendance areas within the Town of Madison and assign schools within the jurisdiction of the Board to serve the students residing in such attendance areas. Students will be required to attend school in the attendance area in which they reside, unless special permission has been granted by the Superintendent or unless attendance at a school outside of the attendance area is required by law. The Madison Public Schools (the “District”) reserves the right to assign students to schools outside their assigned attendance area as appropriate to create and / or maintain equitable class sizes for grades one through four. Final placement of students in the elementary schools will be determined on the basis of both current and projected student enrollment for each of the attendance areas.

Attendance at a school outside of the student’s attendance area is permitted if required by law, including but not limited to the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act, based on a student’s disability.  The District will follow all applicable legal procedures to determine if such placement is required and, if required, to implement such placement.  

Special permission for a student to attend a school outside the student’s attendance area may be granted by the Superintendent if:

• The change is in the best interests of the student or of the school, in the sole discretion of the Superintendent;
• The legal residence of a student changes from one attendance area to another within the Town of Madison during the school year and the parent(s)/guardian(s) wish the student to remain in the student’s former school. Such permission will not extend beyond the school year in which the request is initially made to the Superintendent.

School bus transportation will not be provided for students attending school outside their attendance area unless one of the following exceptions exist: 

1. The student can be accommodated on an existing bus route and bus schedule, without such route or schedule requiring modification;
2. Transportation is required in accordance with law, including the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act; or
3. Permission is granted by the Superintendent based on emergency or extenuating circumstances.

 (cf. 5030.2 Interdistrict School Attendance Areas)

Date of Adoption:  May 2, 1995
Date of Revision:  November 7, 2006 
Date of Revision:  November 29, 2022

5030.2 Interdistrict School Attendance Areas

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The Board of Education recognizes that students may benefit from having a choice of schools to attend within the Connecticut public school system that is not limited by school and/or Madison’s district boundaries. Public school choice will (1) provide parents and students with greater opportunities to choose the school and / or program that best meets the academic needs of the student; (2) influence positively the level of parent involvement and student motivation; (3) improve academic achievement; (4) reduce racial, ethnic and economic imbalance; and (5) provide a choice of educational programs for students.

The Madison Public Schools will cooperate with the appropriate regional educational service center in the planning and implementation of the state-wide interdistrict public school attendance program in accordance with the timelines and provisions contained within C.G.S. 10-4a as amended by PA 97-290, "An Act Enhancing Educational Choices and Opportunities," and C.G.S. 10-266aa as amended by P.A. 99-289, "An Act Concerning School Choice and Interdistrict Programs."

Nonresident students from the New London district who apply pursuant to the regulations approved by the Board, may enroll in particular programs or schools in districts in the surrounding areas on a space available basis, without payment of tuition except that the Madison Public Schools shall receive an amount, within available appropriations, from the Department of Education, for each out-of-district student attending a school within the Madison Public Schools. It is recognized that the Regional Service Centers shall determine which school districts in its area are located close enough to a priority school district to make transportation feasible.

In providing for admission of nonresident students, the Madison Public Schools shall consider:

1. Issues pertaining to the availability of space within a requested school to accommodate the enrollment request. The Madison Public Schools will notify its RESC by March 31 of each year of the space it will have available for students from the surrounding area for the new school year.
2. Programs available and the possible establishment of new programs.
3. Eligibility criteria for participating in a particular program, including age requirements, course prerequisites and required levels of performance.
4. Dates of enrollment of nonresident students in a school or program.
5. The requirement that participants attending school in the Madison Public Schools may do so until they graduate from high school.

It is the policy of the Madison Public Schools to receive nonresident students as part of the state-wide interdistrict public school attendance program in accordance with plan developed with the Regional Educational Service Center. Such planning, the Board believes, should consider, but not be limited to, the issues of definition and determination of space availability, choice of students, transportation to and from school and for after-school activities. Further, planning should consider issues related to special education, prior disciplinary behavior, and acceptance of prior academic work. The Madison Public Schools will not recruit students under this program for athletic or extracurricular purposes. Records of students involved in the interdistrict program will be promptly forwarded to the receiving district.

The Board directs the Superintendent and staff not to make any distinction based on race, sex, ethnic group, religion or disability of any student who is in attendance or who seeks admission to any school within the Madison Public Schools in the determination or recommendation of action under this policy.

Legal Reference: Connecticut General Statutes

#5040 Admission to the Public Schools at or Before Age Five

The Madison Board of Education (the “Board”) complies with its legal obligation to cause each child five years of age and over and under eighteen years of age who is not a high school graduate and is residing within the Board’s jurisdiction to attend school in accordance with Connecticut General Statutes § 10-184.  

Effective July 1, 2024, the Madison Public Schools (the “District”) shall be open to resident children five years of age and over who reach age five on or before the first day of September of any school year. For children who will not reach the age of five on or before the first day of September of the school year, the child’s parent or guardian may submit a written request to the principal of the school seeking early admission to the District. Upon receipt of such written request, the principal and an appropriate certified staff member shall assess such child to determine whether admitting the child is developmentally appropriate. For decisions relating to early admission to the District, the decision of the principal and appropriate certified staff shall be final.

The Superintendent or Superintendent’s designee shall be responsible for developing administrative regulations in furtherance of this policy. Such regulations shall identify procedures for the receipt and processing of requests for early admission to the District and for assessing whether early admission of a child is developmentally appropriate.
 

Legal Reference:
Connecticut General Statutes 

• 10-15c    Discrimination by public schools prohibited. School attendance for five-year-olds
• 10-220    Duties of boards of education
• 10-221     Board of education to prescribe rules, policies, and procedures
• 10-184        Duties of parents.  School attendance age requirements

Public Act 23-208, “An Act Making Certain Revisions to the Education Statutes.”

Date of Adoption:     December 12, 2023
 

5060.1.2 Nonresident Student Definition

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A nonresident student is a student who . . .

1. resides outside of the school district; or
2. resides within the school district on a temporary basis; or
3. resides within the school district on a permanent basis but with pay to the person(s) with whom the student is living; or
4. resides within the school district for the sole purpose of obtaining school accommodations; or is
5. a student placed by the Commissioner of Children and Family Services or by other agencies in a private residential facility. However, under this circumstance, students may attend local schools with tuition paid by the home district unless special education considerations make attendance in local schools and programs inappropriate. Students not requiring special education who live in town as a result of placement by a public agency (other than another Board and except as provided otherwise in this paragraph) are resident students. Those students requiring special education services may attend Madison schools (with special education cost reimbursements in accordance with statutes) unless the required special education services make attendance in Madison schools inappropriate.

Nonresident Attendance Without Tuition

Upon written parental request, nonresident students may be allowed by the Superintendent to attend district schools without tuition under one or more of the following conditions:

1. A family moves from the district on or prior to February 1st of the school year and the parents request that a student complete the marking period;
2. A family moves from the district after February 1st of the school year;
3. A family residing outside of the district has firm plans to move into the school district before February 1st as evidenced by a contract to buy, build, rent, or lease a residential dwelling;
4. A twelfth-grade student wishes to complete his/her education in the district;
5. Children reside temporarily within the district because of family circumstances or students attend even though they are residing temporarily outside of the district because of family circumstances. Approval must be granted by the Superintendent and shall not exceed three (3) calendar months.
6. Necessary student care in the district by grandparents or other relatives. Approval must be granted by the Superintendent and shall not exceed three (3) calendar months.
7. Mental or physical health of the student, as certified by a physician, school psychologist, or other appropriate school personnel, warrants attendance. Approval must be granted by the Superintendent and shall not exceed three (3) calendar months.

Exchange Students

No tuition is required for foreign students living within the district under the American Field Service Program or under other programs or circumstances approved by the Board. Exchange students will be accorded all the rights and privileges of a resident student during the period of enrollment.

Evidence of Residency

The Superintendent or his/her designee may require documentation of family and/or student residency, including affidavits, provided that prior to a request for evidence of residency the parent or guardian, relative or non-relative, emancipated minor, or studenteighteen (18) years of age or older shall be provided with a written statement of why there is reason to believe such students may not be entitled to attend school in the district. An affidavit may require a statement or statements with documentation that there is bona fide student residence in the district, that the residence is intended to be permanent, that it is provided without pay, and that it is not for the sole purpose of obtaining school accommodations.

Removal of Nonresident Student From District Schools

If after a careful review of affidavits and other available evidence, the Superintendent or his/her designee believes a student is not entitled to attend local schools, the parent or guardian, the student if an emancipated minor, or a student eighteen (18) years of age or older shall be informed in writing that, as of a particular date, the student may no longer attend local schools, and the Superintendent shall notify the Board (if known) where the student should attend school. If after review, district residency is established by the evidence, the parent or guardian, the student if an emancipated minor, or a student eighteen (18) years of age or older shall be so informed.

If a student is removed from a district school for residency reasons, the Superintendent or his/her designee shall: (1) inform the parent, guardian, emancipated minor, or student eighteen (18) years of age or older of hearing rights before the Board and that the students may continue in local schools pending a hearing before the Board if requested in writing by the parent, guardian, emancipated minor, or student eighteen (18) years of age or older (2) that upon request, a transcript of the hearing will be provided (3) that a local Board of education decision may be appealed to the State Board and that the student/s may continue in local schools pending a hearing before the State Board if requested in writing by the parent, guardian, emancipated minor, or student eighteen (18) years of age or older (4) that if the appeal to the State Board of Education is lost, a per diem tuition (equal to the district expenditure per student divided by 180) will be assessed for each day a student attended local schools when not eligible to attend.

Board of Education Hearing

Upon written request, the Board shall provide a hearing within ten (10) days after receipt of such request. If there is a hearing, the Board shall make a stenographic record or tape recording of the hearing; shall make a decision on student eligibility to attend local schools within ten (10) days after the hearing; and shall notify the parent, guardian, emancipated minor, or student eighteen (18) years of age or older of its findings. Hearings shall be conducted in accordance with the provisions of Sections 4-177 to 4-180 inclusive of Connecticut General Statutes.

The Board shall, within ten (10) days after receipt of notice of an appeal, forward the hearing record to the State Board of Education.

(cf 5060 Madison Public Schools – Registration for School)

Legal Reference: Connecticut General Statutes

5090.3.1 Student Dress

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In order to maintain an environment conducive to the educational process, the Madison Board of Education (the “Board”) prohibits the following from wear during the academic school day, deemed disruptive to the educational environment:

1. Coats, jackets or other attire normally worn as outerwear.
2. Head coverings.  Head coverings shall not be worn, carried, hung on belts or around the neck, or kept in the classroom during regular school hours. Approved coverings worn as part of a student's religious practice or   belief, or as required or permitted in conjunction with school district health and safety protocols, shall not be prohibited under this policy. Nothing in this policy shall be construed to prohibit protective hairstyles. “Protective hairstyles” includes, but is not limited to, wigs, headwraps and hairstyles such as individual braids, cornrows, locs, twists, Bantu knots, afros and afro puffs.
3. Sunglasses unless required pursuant to a documented medical issue.
4. Attire or accessories that may present a safety hazard to the student, other students or staff.
5. Attire or accessories that contain vulgarity or that contain overly offensive or disruptive writing or pictures.
6. Attire or accessories depicting or suggesting violence so as to disrupt the educational environment or that provokes others to act violently or causes others to be intimidated by fear of violence or that constitute "fighting words,” including but not limited to attire or accessories depicting the Confederate flag and/or the Nazi swastika.
7. Attire or accessories that depict logo or emblems that encourage the use of drugs, tobacco products, or alcoholic beverages.
8. Shirts and/or blouses that reveal the abdomen, or chest, or undergarments. 
9. See-through clothing.
10. Shorts, miniskirts, or pants that reveal undergarments.  
11. Backpacks and/or book bags are permitted to be carried between classes, but shall not obstruct safe passage in the classroom or in the corridors.

Students who fail to comply with Board policy and regulations concerning student dress will be subject to school discipline up to and including expulsion in accordance with the Board's policy on student discipline.  

Legal Reference:

Connecticut General Statutes § 46a-51 (definition of protective hairstyles)

Date of Adoption:    October 6, 2020
Date of Revision: January 23, 2024

#5090.4.2.1 Pledge of Allegiance

In accordance with Conn. Gen. Stat. Section 10-230(c), the Board of Education shall ensure that a period of time is set aside each school day to allow those students who wish to do so the opportunity to recite the Pledge of Allegiance.  This policy shall not be construed to require any person to recite the Pledge of Allegiance, should they choose not to do so.

Legal Reference:   Connecticut General Statutes Section 10-230
    

Date of Adoption:     December 3, 2002
Date of Revision:     February 8, 2006 
Date of Revision:     February 27, 2024
 

#5090.7 Drug, Alcohol, Tobacco and Inhalant Use by Students
(formerly Drugs, Alcohol, Tobacco, Inhalants, and Performance-Enhancing Substances)
 

The Madison Board of Education (the “Board”) is required by Connecticut law to prescribe rules for the management and discipline of its schools.  In keeping with this mandate, the unlawful use, sale, distribution or possession of controlled drugs, controlled substances, drug paraphernalia, as defined in Connecticut General Statutes Section 21a-240, or alcohol on or off school property, on school buses, or during any school-sponsored activity is prohibited.  It shall be the policy of the Board to take positive action through education, counseling, discipline, parental involvement, medical referral, and law enforcement referral, as appropriate, in the handling of incidents in the schools involving the unlawful possession, distribution, sale or use of substances that affect behavior.

Tobacco 

It is the policy of the Board of Education to prevent and prohibit the use or possession of tobacco, tobacco products, including chewing tobacco, or tobacco paraphernalia including electronic nicotine delivery systems or vapor products by any student in any school building, or on any school grounds, or on school-provided transportation at any time, or at any time when the student is subject to the supervision of designated school personnel, such as when the student is at any school function, extracurricular event, field trip, or school related activity such as a work-study program. 

An ongoing program of student support and counseling will be offered to provide support for students who wish to break the smoking habit. Any student in the District schools found to be using or in possession of tobacco, tobacco products, including chewing tobacco or tobacco paraphernalia, will be subject to discipline / behavior consequences as outlined in the Code of Conduct.

Inhalants

It is the policy of the Board of Education to prevent and prohibit the use, possession, sale, or distribution of an abusable glue, aerosol paint or substance containing a volatile chemical by any student with intent to inhale, ingest, apply or use of these in a manner:

1. Contrary to directions for use, cautions or warnings appearing on a label of a container of the glue, paint aerosol or substance; and
2. Designed to affect the central nervous system, create or induce a condition of intoxication, hallucination or elation, or change, distort, or disturb the person’s eyesight, thinking process, balance or coordination.

Further, no student, 18 years of age or older, shall intentionally, knowingly, or recklessly deliver or sell potentially abusable inhalant materials as listed above to a minor student.

No student shall intentionally use or possess with intent to use inhalant paraphernalia to inhale, ingest or otherwise introduce into the body an abusable glue, aerosol paint or substance or other substance that contains a volatile chemical.
Any student in the District schools found to be in possession of, using, distributing or selling, potentially abusable inhalant materials will be subject to discipline / behavior consequences as outlined in the Code of Conduct. 

Definitions

1. Controlled Drugs:  means those drugs which contain any quantity of a substance which has been designated as subject to the federal Controlled Substances Act, 21 U.S.C. § 801 et seq., or which has been designated as a depressant or stimulant drug pursuant to federal food and drug laws, or which has been designated by the Commissioner of Consumer Protection pursuant to Connecticut General Statutes  Section 21a-243, as having a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and as having a tendency to promote abuse or psychological or physiological dependence, or both.  Such controlled drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant drugs.   Connecticut General Statutes Section 21a-240(8).  
    
2. Controlled Substances:  means a drug, substance or immediate precursor in schedules I to V, inclusive, of the Connecticut controlled substance scheduling regulations adopted pursuant to Connecticut General Statutes Section 21a-243.   Connecticut General Statutes Section 21a-240(9).  
    
3. Drug Paraphernalia:  means any equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing or concealing, or injecting, ingesting, inhaling or otherwise introducing any controlled substance into the human body, including but not limited to all items specified in   Connecticut General Statutes Section 21a-240(20)(A), such as "bongs," pipes, "roach clips," miniature cocaine spoons, cocaine vials and any object or container used, intended or designed for use in storing, concealing, possessing, distributing or selling controlled substances.    Connecticut General Statutes 21a-240(20)(A).
    
4. Tobacco and Tobacco Products:  means cigarettes, cigars, snuff, bidis, smoking tobacco, smokeless tobacco, vapor product, nicotine delivering devices, chemicals, or devices that produce the same flavor or physical effect of nicotine substances; and any other tobacco or nicotine innovations. 
    
5. Professional Communication:  means any communication made privately and in confidence by a student to a professional employee of such student's school in the course of the professional employee's employment.   Connecticut General Statutes Section 10-154a(a)(4).
    
6. Professional Employee:  means a person employed by a school who "(A) holds a certificate from the State Board of Education, (B) is a member of a faculty where certification is not required, (C) is an administration officer of a school, or (D) is a registered nurse or athletic trainer employed by or assigned to a school."  Connecticut General Statutes Section 10-154a(a)(2).
    
7. School Property: means any land and all temporary and permanent structures comprising the district’s school and administrative office buildings and includes, but is not limited to, classrooms, hallways, storage facilities, theatres, gymnasiums, fields, and parking lots.
    
8. School-sponsored activity: means any activity sponsored, recognized, or authorized by a board of education and includes activities conducted on or off school property.
    
9. Inhalants: means, but are not limited to, the following:

• Nitrous Oxide – Laughing Gas, Whippets, C02 Cartridges
• Amyl Nitrite – “Locker Room”, “Rush”, “Poppers”, “Snappers”
• Butyl Nitrite – “Bullet”, “Climax”
• Chlorohydrocarbons – Aerosol Paint Cans, Cleaning Fluids
• Hydrocarbons – Aerosol Propellants, Gasoline, Glue, Butane

Procedures

1.    Emergencies

If an emergency situation results from drug or alcohol use, the student shall be sent to the school nurse or medical advisor immediately.  The parent or designated responsible person will be notified.

2.    Prescribed Medications

    Students may possess and/or self-administer medications in school in accordance with the Board’s policy concerning the administration of medication in school.    

    Students taking improper amounts of a prescribed medication, or otherwise taking medication contrary to the provisions of the Board’s policy on the administration of medication, will be subject to the procedures for improper drug or alcohol use outlined in this policy.  

3.    Voluntary Disclosure of Drug/Alcohol Problem (Self-Referral)

    The following procedures will be followed when a student privately, and in confidence, discloses to a professional employee in a professional communication information concerning the student's use, possession, distribution or sale of a controlled drug, controlled substance or alcohol.  

(a)    Professional employees are permitted, in their professional judgment, to disclose any information acquired through a professional communication with a student, when such information concerns alcohol or drug abuse or any alcohol or drug problem of such student.  In no event, however, will they be required to do so.   Connecticut General Statutes Section 10-154a(b).
 
(b)    Any physical evidence obtained from such student through a professional communication indicating that a crime has been or is being committed by the student must be turned over to school administrators or law enforcement officials as soon as possible, but no later than two calendar days after receipt of such physical evidence, excluding Saturdays, Sundays and holidays.  Employees are encouraged to contact the school administrator immediately upon obtaining physical evidence.  In no case, however, will such employee be required to disclose the name of the student from whom the evidence was obtained.  C.G.S. Section 10-154a(b).

(c)    Any professional employee who has received a professional communication from a student may obtain advice and information concerning appropriate resources and refer the student accordingly, subject to the rights of the professional employee as described in paragraph (a) above.  

(d)    If a student consents to disclosure of a professional communication concerning the student's alcohol or drug problem, or if the professional employee deems disclosure to be appropriate, the professional employee should report the student's name and problem to the school's building administrator or designee who shall refer the student to appropriate school staff members for intervention and counseling. 

4.    Involuntary Disclosure or Discovery of Drug/Alcohol Problems

When a professional employee obtains information related to a student from a source other than the student's confidential disclosure, that the student, on or off school grounds or at a school sponsored activity, is under the influence of, or possesses, uses, dispenses, distributes, administers, sells or aids in the procurement of a controlled drug, controlled substance, drug paraphernalia or alcohol, that information is  considered to be involuntarily disclosed.  In this event, the following procedures will apply.

(a)    The professional employee will immediately report the information to the building administrator or designee.  The building administrator or designee will then refer the student to appropriate school staff members for intervention and counseling.

(b)    Any physical evidence (for example, alcohol, drugs or drug paraphernalia) obtained from a student indicating that a crime has been or is being committed by the student must be turned over to the building administrator or designee or to law enforcement officials as soon as possible, but no later than within two calendar days after receipt of such physical evidence, excluding Saturdays, Sundays and holidays.   Connecticut General Statutes Section 10-154a(b).  Because such evidence was not obtained through a professional communication, the name of the student must be disclosed to the building administrator or designee.

(c)    Search and Seizure of Students and/or Possessions: A professional employee who reasonably suspects that a student is violating a state/federal law or a school substance abuse policy must immediately report such suspicion to the building administrator or designee.  The building administrator or designee may then search a student's person or possessions connected to that person, in accordance with the Board's policies and regulations if the administrator or designee has reasonable suspicion from the inception of the search that the student has violated or is violating either the law or a school substance abuse policy.

Any physical evidence obtained in the search of a student, or a student's possessions, indicating that the student is violating or has violated a state or federal law must be turned over to law enforcement officials as soon as possible, but not later than within three calendar days after receipt of such physical evidence, excluding Saturdays, Sundays and holidays.   Connecticut General Statutes Section 10-154a(c).  All school employees are encouraged to contact the school administration immediately upon obtaining physical evidence.  

5.    Consequences for the Use, Sale, Distribution or Possession of Controlled Drugs, Controlled Substances, Drug Paraphernalia or Alcohol

(a)    Any student in the Madison Public Schools using, consuming, possessing, being under the influence of, manufacturing, distributing, selling or aiding in the procurement of controlled drugs, controlled substances, drug paraphernalia or alcohol either on or off school property, or at a school-sponsored activity, except as such use or possession is in accordance with Connecticut General Statutes § 21a-408a through 408q, is subject to discipline up to and including expulsion pursuant to the Board's student discipline policy.  On and after January 1, 2022, a student shall not face greater discipline or sanction for the use, sale, or possession of cannabis on school property than a student would face for the use, sale, or possession of alcohol on school property, except as otherwise required by applicable law.

(b)    In conformity with the Board’s student discipline policy, students may be suspended or expelled for drug or alcohol use off school grounds if such drug or alcohol use is considered seriously disruptive of the educational process.  In determining whether the conduct is seriously disruptive of the educational process, the Administration and the Board may consider, among other factors:  1) whether the drug or alcohol use occurred within close proximity of a school; 2) whether other students from the school were involved; and 3) whether any injuries occurred.  

(c)    If a school administrator has reason to believe that any student was engaged, on or off school grounds, in offering for sale or distribution a controlled substance (as defined by Connecticut General Statutes § 21a-240(9)), whose manufacturing, distribution, sale, prescription, dispensing, transporting, or possessing with intent to sell or dispense, offering or administering is subject to criminal penalties under Connecticut General Statutes §§ 21a-277 and 21a-278, the administrator will recommend such student for expulsion, in accordance with Connecticut General Statutes § 10-233d(a)(2) and the Board’s student discipline policy.

(d)    Students found to be in violation of this policy may be referred by the building administrator to an appropriate agency licensed to assess and treat drug and alcohol involved individuals.  In such event, assessment and treatment costs will be the responsibility of the parent or guardian.  

(e)    A meeting may be scheduled with appropriate school staff members for the purpose of discussing the school's drug and alcohol policy with the student and parent or guardian.  

(f)    Law enforcement officials may be contacted by the building administrator in the case of suspected involvement in the use, sale or distribution of controlled drugs, controlled substances, drug paraphernalia or alcohol.

Legal References:

Connecticut General Statutes:

 June Special Session, Public Act No. 21-1, An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis
    Section 10-154a
    Section 10-212a
    Section 10-221
    Sections 10-233a through 10-233f
    Section 21a-240            
    Section 21a-243
    Section 21a-408a through 408q
 
Date of Adoption:     April 2, 1996
Date of Revision:    October 21, 1997
Date of Revision:    August 16, 2005
Date of Revision:    January 5, 2006
Date of Revision:    June 16, 2009 - Replaces Policies #5090.6 Tobacco Use by Students, #5090.7.1 Inhalant Abuse and #5090.7.2 Performance-Enhancing Drugs
Date of Revision:    April 1, 2014
Date of Revision:    October 7, 2014
Date of Revision:    March 22, 2016 
Date of Revision:    April 26, 2022

#5090.9 Use of Private Technology Devices by Students

(formerly Electronic Communication Device)

Students may possess privately-owned technological devices on school property and/or during school-sponsored activities, in accordance with the mandates of this policy and any applicable administrative regulations as may be developed by the Superintendent of Schools.  

Definitions

Board Technology Resources

For the purposes of this policy, “Board technology resources” refers to the Madison Board of Education’s (the “Board’s”) computers and instructional technologies; communications and data management systems; informational technologies and the Internet; and any other technology resources owned and/or used by the school district and accessible by students.

Privately-owned Technological Devices

For the purposes of this policy, “privately-owned technological devices” refers to, but is not limited to, privately-owned desktop computers, personal computing devices, cellular phones, Smartphones, network access devices, radios, personal audio players, , tablets, walkie-talkies, personal gaming systems, Bluetooth speakers, personal data assistants, and other electronic signaling devices. 

Use of Privately-Owned Technological Devices

Privately-owned technological devices may not be used during instructional time, except as specifically permitted by instructional staff or unless necessary for a student to access the district’s digital learning platform or otherwise engage in remote learning if remote learning has been authorized in accordance with applicable law.  

On school property, at a school-sponsored activity, while in use for a remote learning activity if remote learning has been authorized in accordance with applicable law, or while being used to access or utilize Board technology resources, the use of any such device for an improper purpose is prohibited.  Improper purposes include, but are not limited to:

• Sending any form of a harassing, threatening, or intimidating message, at any time, to any person (such communications may also be a crime);
• Gaining or seeking to gain unauthorized access to Board technology resources;
• Damaging Board technology resources;
• Accessing or attempting to access any material that is obscene, obscene as to minors, or contains pornography;
• Cyberbullying;
• Using such device to violate any school rule, including the unauthorized recording (photographic, video, or audio) of another individual without the permission of the individual or a school staff member; or
• Taking any action prohibited by any Federal or State law
   

Search of Privately-Owned Technological Devices

A student’s privately-owned technological device may be searched if the device is on Board property or in a student’s possession at a school-sponsored activity and if there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.  Any such search shall be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.  

Responsibility for Privately-owned Technological Devices 

Students are responsible for the safety and use of their privately-owned technological devices.  If a privately-owned technological device is stolen, lost, or damaged while the device is on school property or during a school-sponsored activity, a report should be made to the building principal, who will investigate the loss in a manner consistent with procedures for stolen or damaged personal property.  Students and parents should be aware that the Board is not liable for any privately-owned technological device that is stolen, lost, or damaged while at school or during a school-sponsored activity. For that reason, students are advised not to share or loan their privately-owned technological devices with other students.

Disciplinary Action

Misuse of the Board’s technology resources and/or the use of privately-owned technological devices to access or utilize the Board’s technology resources in an inappropriate manner or the use of such devices in any manner inconsistent with this policy will not be tolerated and will result in disciplinary action.  For students, a violation of this policy may result in loss of access privileges, a prohibition on the use and/or possession of privately-owned technological devices on school property or at school-sponsored activities, and/or suspension or expulsion in accordance with the Board’s policies related to student discipline.  

Access to Board Technology Resources

The Board may permit students, using their privately-owned technological devices, to access the Board’s computers and instructional technologies; communications and data management systems; informational technologies and the Internet; and any other technology resources used by the school district and accessible by students. Students using privately-owned technological devices will agree to access the District’s technology resources only through the designated Wi-Fi network. Additionally, it is the expectation of the Board that students who access these resources while using privately-owned technology devices will act at all times appropriately in ways  that are fully in accord with applicable policies concerning technology use as well as all local, state, and federal laws. 

Through the publication and dissemination of this policy statement and others related to use of the Board’s computer systems, as well as other instructional means, the Board educates students about the Board’s expectations for technology users. 

The Board’s technology resources shall only be used to access educational information and to promote learning activities both at home and at school.    Students are expected to act at all times appropriately in ways  that are fully in accord with applicable policies concerning technology use as well as all local, state, and federal laws when using the Board technology resources.  Failure to do so will result in the consequences outlined herein and in other applicable policies (including, but not limited to, the Safe School Climate Plan, the Student Discipline Policy and the Use of Computers Policy).

Students must abide by the procedures outlined in this policy and all policies and applicable regulations outlined in the Board’s computer use and other applicable policies. Students will be given specific information for log-on and access procedures for using school accounts.  No user may deviate from these log-on/access procedures.  Students are advised that the Board’s network administrators have the capability to identify users and to monitor all privately-owned technological devices while they are logged on to the network.  Students must understand that the Board has reserved the right to conduct monitoring of Board technology resources and can do so despite the assignment to individual users of passwords for system security.  Any password systems implemented by the Board are designed solely to provide system security from unauthorized users, not to provide privacy to the individual system user. The system's security aspects, message delete function and personal passwords can be bypassed for monitoring purposes.  Therefore, students should be aware that they should not have any expectation of personal privacy in the use of privately-owned technological devices to access Board technology resources.  This provision applies to any and all uses of the Board’s technology resources and any privately-owned technological devices that access the same.

Harm to Board Technology Resources

Any act by a student using a privately-owned technological device that harms the Board technology resources or otherwise interferes with or compromises the integrity of Board technology resources will be considered vandalism and will be subject to discipline and/or appropriate criminal or civil action. 

Closed Forum

This policy shall not be construed to establish a public forum or a limited open forum.  

Legal References:

• Conn. Gen. Stat. § 10-233j
• Conn. Gen. Stat. § 31-48d
• Conn. Gen. Stat. §§ 53a-182; 53a-183; 53a-250, et seq. 
• Electronic Communication Privacy Act of 1986, Public Law 99-508, codified at 28 U.S.C. §§ 2510 through 2520

Date of Adoption: September 5, 1995
Date of Revision:  October 15, 1996
Date of Revision   December 1, 1998
Date of Revision:  April 23, 2002
Date of Revision:  June 1, 2010
Date of Revision:  June 5, 2012
Date of Revision:  October 15, 2013
Date of Revision:  June 21, 2022
Date of Revision:  June 6, 2023

5090.9 Regulation - Cell Phones

The Superintendent of Schools, or his/her designee, will develop and implement procedures outlining the requirements for student travel. These procedures may include a preapproved list of activities. To protect the district from liability claims which could exceed the coverage limits of the self-insured plan and insurance programs, district employees, volunteers, independent contractors, or students will not participate in any activities, special events, or trips which are not approved or sponsored by the district. Participation in non-approved or non-sponsored activities by district employees, volunteers, independent contractors, or students is outside the course and scope of their authority or employment. The district will not assume any liability for any student travel which was not preapproved by the Superintendent or his/her designee.

Since student travel may potentially involve significant risk of loss to the district and students, the district may require the purchase of additional insurance coverage or the transference of such risk to a third party. Any cost attached to such additional insurance coverage or risk transfers may be assessed against the participants in the proposed activity.

By contract or by any other means, the district will not assume any liability for the operations of any third party providing services to the district, its employees, volunteers or students for student activities or travel. The district will not provide any physical damage comprehensive or collision coverage to any vehicles or other property not directly owned or leased by the district.

The district forbids the use of any vehicle which does not meet the district's insurance requirements. The use of any such vehicle is outside the course and scope of authority or employment of district employees, volunteers, independent contractors and students. The insurance coverage of the vehicle, i.e., the driver's coverage and all other applicable policies, will be primary.

• District Vehicles: Without the prior, express, written authorization of the Superintendent or his/her designee, vehicles owned, leased or in the care, custody and control of the district, will not be driven.
• Commercial, Chartered & Public Transportation: By contract or any other means, district employees, volunteers, or students will not agree to have the district assume any liability for operation of commercial, charter or public transportation.
• Non-District Vehicles: Vehicles not owned, leased or in the care, custody and control of the district may not be driven by any employee or volunteer on district business unless each such vehicle meets the district insurance requirements and Superintendent approval.

Date of Adoption: January 23, 1996

#5110.4 Student Discipline 

(formerly Suspension/Expulsion/Exclusion From School/School Activities)

It is the policy of the Madison Board of Education (the “Board”) to create a school environment that promotes respect of self, others, and property within the Madison Public Schools (the “District”). Compliance with this policy will enhance the Board and the District’s ability to maintain discipline and reduce interference with the educational process that can result from student misconduct. . Pursuant to this policy, the District shall promote the utilization of consistent discipline practices, both within and across schools in the District, while also promoting the consideration of individual circumstances arising in each student disciplinary matter. Where appropriate, the District implements strategies that teach, encourage and reinforce positive student behavior that do not require engagement with the discipline system. 

I. Definitions

1. Cannabis means marijuana, as defined by Conn. Gen. Stat. § 21a-240.
2. Dangerous Instrument means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury, and includes a "vehicle" or a dog that has been commanded to attack.
3. Deadly Weapon means any weapon, whether loaded or unloaded, from which a shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack, bludgeon or metal knuckles. A weapon such as a pellet gun and/or air soft pistol may constitute a deadly weapon if such weapon is designed for violence and is capable of inflicting death or serious bodily harm. In making such determination, the following factors should be considered: design of weapon; how weapon is typically used (e.g. hunting); type of projectile; force and velocity of discharge; method of discharge (i.e. spring v. CO2 cartridge) and potential for serious bodily harm or death.
4. Electronic Defense Weapon means a weapon which by electronic impulse or current is capable of immobilizing a person temporarily, but is not capable of inflicting death or serious physical injury, including a stun gun or other conductive energy device.
5. Emergency means a situation in which the continued presence of the student in school poses such a danger to persons or property or such a disruption of the educational process that a hearing may be delayed until a time as soon after the exclusion of such student as possible.
6. Exclusion means any denial of public school privileges to a student for disciplinary purposes.
7. Expulsion means the exclusion of a student from school privileges for more than ten (10) consecutive school days and shall be deemed to include, but not be limited to, exclusion from the school to which such student was assigned at the time such disciplinary action was taken. The expulsion period may not extend beyond one (1) calendar year.
8. Firearm, as defined in 18 U.S.C § 921, means (a) any weapon (including a starter gun) that will, is designed to, or may be readily converted to expel a projectile by the action of an explosive, (b) the frame or receiver of any such weapon, (c) a firearm muffler or silencer, or (d) any destructive device. The term firearm does not include an antique firearm. As used in this definition, a "destructive device" includes any explosive, incendiary, or poisonous gas device, including a bomb, a grenade, a rocket having a propellant charge of more than four ounces, a missile having an explosive or incendiary charge of more than one-quarter ounce, a mine, or any other similar device; or any weapon (other than a shotgun or shotgun shell which the Attorney General finds is generally recognized as particularly suited for sporting purposes) that will, or may be readily converted to, expel a projectile by explosive or other propellant, and which has a barrel with a bore of more than ½" in diameter. The term "destructive device" also includes any combination of parts either designed or intended for use in converting any device into any destructive device and from which a destructive device may be readily assembled. A “destructive device” does not include: an antique firearm; a rifle intended to be used by the owner solely for sporting, recreational, or cultural purposes; or any device which is neither designed nor redesigned for use as a weapon. 
9. Generative Artificial Intelligence (“AI”) refers to a technology system, including but not limited to ChatGPT, capable of learning patterns and relationships from data, enabling it to create content, including but not limited to text, images, audio, or video, when prompted by a user.   
10. Protected Class Harassment is a form of discrimination on the basis of any protected characteristic (or protected class) including race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, gender identity or expression, veteran status, status as a victim of domestic violence, or any other basis prohibited by state or federal law (“Protected Class”).  Harassment constitutes unlawful discrimination when it creates a hostile environment, which occurs when the harassment is sufficiently severe, pervasive, or persistent so as to interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school.  Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.  Harassment against any individual on the basis of that individual’s association with someone in a Protected Class may be a form of Protected Class harassment.
11. In-School Suspension means an exclusion from regular classroom activity for no more than five (5) consecutive school days, but not exclusion from school, provided such exclusion shall not extend beyond the end of the school year in which such in-school suspension was imposed. No student shall be placed on in-school suspension more than fifteen (15) times or a total of fifty (50) days in one (1) school year, whichever results in fewer days of exclusion.
12. Martial Arts Weapon means a nunchaku, kama, kasari fundo, octagon sai, tonfa or Chinese star.
13. Removal is the exclusion of a student from a classroom for all or part of a single class period, provided such exclusion shall not extend beyond ninety (90) minutes.
14. School Days shall mean days when school is in session for students.
15. School-Sponsored Activity means any activity sponsored, recognized or authorized by the Board and includes activities conducted on or off school property.
16. Seriously Disruptive of the Educational Process, as applied to off-campus conduct, means any conduct that markedly interrupts or severely impedes the day-to-day operation of a school.
17. Suspension means the exclusion of a student from school and/or transportation services for not more than ten (10) consecutive school days, provided such suspension shall not extend beyond the end of the school year in which such suspension is imposed; and further provided no student shall be suspended more than ten (10) times or a total of fifty (50) days in one school year, whichever results in fewer days of exclusion, unless such student is granted a formal hearing as provided below.
18. Weapon means any BB gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches and over in length, any martial arts weapon or electronic defense weapon, or any other dangerous or deadly weapon or instrument, unless permitted by law under Section 29-38 of the Connecticut General Statutes.
19. Notwithstanding the foregoing definitions, the reassignment of a student from one regular education classroom program in the District to another regular education classroom program in the District shall not constitute a suspension or expulsion.
20. For purposes of this policy, references to “school”, “school grounds”, and “classroom” shall include physical educational environments, including on school transportation, as well as in which students are engaged in remote learning, which means instruction by means of one or more Internet-based software platforms as part of a remote learning.
21.  

II. Scope of the Student Discipline Policy

1. Conduct on School Grounds, on School Transportation or at a School-Sponsored Activity:
   1. Suspension. Students may be suspended for conduct on school grounds, on school transportation, or at any school-sponsored activity that violates a publicized policy of the Board or is seriously disruptive of the educational process or endangers persons or property.
   2. Expulsion. Students may be expelled for conduct on school grounds, on school transportation or at any school-sponsored activity that either (1) violates a publicized policy of the Board and is seriously disruptive of the educational process, or (2) endangers persons or property.
2. Conduct off School Grounds:
   Discipline. Students may be disciplined, including suspension and/or expulsion, for conduct off school grounds if such conduct violates a publicized policy of the Board and is seriously disruptive of the educational process.
3. Seriously Disruptive of the Educational Process
   In making a determination as to whether such conduct is seriously disruptive of the educational process, the Administration and the Board may consider, but such consideration shall not be limited to, the following factors: (1) whether the incident occurred within close proximity of a school; (2) whether other students from the school were involved or whether there was any gang involvement; (3) whether the conduct involved violence, threats of violence, or the unlawful use of a weapon, as defined in Section Conn. Gen. Stat. § 29-38, and whether any injuries occurred; and (4) whether the conduct involved the use of alcohol. The Administration and/or the Board may also consider (5) whether the off-campus conduct involved the illegal use of drugs.
4. A student shall not have greater discipline, punishment, or sanction for the use, sale, or possession of cannabis on school property than a student would face for the use, sale, or possession of alcohol on school property, except as otherwise required by applicable law.

III. Actions Leading to Disciplinary Action, including Removal from Class, Suspension and/or Expulsion

Conduct that is considered to violate a publicized policy of the Board of Education includes the offenses described below. Any such conduct may lead to disciplinary action (including, but not limited to, removal from class, suspension and/or expulsion in accordance with this policy):

1. Striking or assaulting a student, members of the school staff or other persons.
2. Theft.
3. The use of obscene or profane language or gestures, the possession and/or display of obscenity or pornographic images or the unauthorized or inappropriate possession and/or display of images, pictures or photographs depicting nudity.
4. Violation of smoking, dress, transportation regulations, or other regulations and/or policies governing student conduct.
5. Refusal to obey a member of the school staff, law enforcement authorities, or school volunteers, or disruptive classroom behavior.
6. Any act of Protected Class Harassment or reprisal or retaliation against any individual for reporting in good faith incidents of Protected Class Harassment, or who participate in the investigation of such reports.
7. Refusal by a student to respond to a staff member’s request for the student to provide the student’s name to a staff member when asked, misidentification of oneself to such person(s), lying to school staff members or otherwise engaging in dishonest behavior.
8. Inappropriate displays of public affection of a sexual nature and/or sexual activity on school grounds, on school transportation, or at a school-sponsored activity.
9. A walk-out from or sit-in within a classroom or school building or school grounds.
10. Blackmailing, threatening or intimidating school staff or students (or acting in a manner that could be construed to constitute blackmail, a threat, or intimidation, regardless of whether intended as a joke), including the use of AI to engage in such conduct.
11. Possession of any weapon, weapon facsimile, deadly weapon, martial arts weapon, electronic defense weapon, pistol, knife, blackjack, bludgeon, box cutter, metal knuckles, pellet gun, air pistol, explosive device, firearm, whether loaded or unloaded, whether functional or not, or any other dangerous object or instrument. The possession and/or use of any object or device that has been converted or modified for use as a weapon.
12. Possession of any ammunition for any weapon described above in paragraph 11.
13. Unauthorized entrance into any school facility or portion of a school facility or aiding or abetting an unauthorized entrance.
14. Possession or ignition of any fireworks, combustible or other explosive materials, or ignition of any material causing a fire. Possession of any materials designed to be used in the ignition of combustible materials, including matches and lighters.
15. Possession, sale, distribution, use, or consumption of tobacco, electronic nicotine delivery systems (e.g. e-cigarettes), electronic cannabis delivery system, or vapor products, or the unlawful possession, sale, distribution, use or consumption of drugs, narcotics or alcoholic beverages (or any facsimile of tobacco, drugs, narcotics or alcoholic beverages, or any item represented to be tobacco, drugs or alcoholic beverages), including being under the influence of any such substances or aiding in the procurement of any such substances. For the purposes of this Paragraph 15, the term “electronic nicotine delivery system” shall mean an electronic device used in the delivery of nicotine or other substances to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device, including, but not limited to, electronic cigarette liquid. For purposes of Paragraph 15, the term “electronic cannabis delivery system” shall mean an electronic device that may be used to simulate smoking in the delivery of cannabis to a person inhaling the device and includes, but is not limited to, a vaporizer, electronic pipe, electronic hookah and any related device and any cartridge or other component of such device. For the purposes of Paragraph 15, the term “vapor product” shall mean any product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a vapor that may or may not include nicotine and is inhaled by the user of such product. For the purposes of this Paragraph 15, the term "drugs" shall include, but shall not be limited to, any medicinal preparation (prescription and non-prescription) and any controlled substance whose possession, sale, distribution, use or consumption is illegal under state and/or federal law, including cannabis.
16. Sale, distribution, or consumption of substances contained in household items; including, but not limited to glue, paint, accelerants/propellants for aerosol canisters, and/or items such as the aerators for whipped cream; if sold, distributed or consumed for the purpose of inducing a stimulant, depressant, hallucinogenic or mind-altering effect.
17. Possession of paraphernalia used or designed to be used in the consumption, sale or distribution of drugs, alcohol or tobacco, as described in subparagraph (15) above. For purposes of this policy, drug paraphernalia includes any equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing,packaging, repackaging, storing, containing or concealing, or injecting, ingesting, inhaling or otherwise introducing controlled drugs or controlled substances into the human body, including but not limited to items such as "bongs," pipes, "roach clips," vials, tobacco rolling papers, and any object or container used, intended or designed for use in storing, concealing, possessing, distributing or selling controlled drugs or controlled substances, including cannabis.
18. The destruction of real, personal or school property, such as, cutting, defacing or otherwise damaging property in any way.
19. Accumulation of offenses such as school and class tardiness, class or study hall cutting, or failure to attend detention.
20. Trespassing on school grounds while on out-of-school suspension or expulsion.
21. Making false bomb threats or other threats to the safety of students, employees, and/or other persons.
22. Defiance of school rules and the valid authority of teachers, supervisors, administrators, other employees and/or law enforcement authorities.
23. Throwing snowballs, rocks, sticks and/or similar objects, except as specifically authorized by school employees responsible for student supervision.
24. Unauthorized and/or reckless and/or improper operation of a motor vehicle on school grounds or at any school-sponsored activity.
25. Leaving school grounds, school transportation or a school-sponsored activity without authorization.
26. Use of or copying of the academic work of another individual and presenting it as the student's own work, without proper attribution; the unauthorized use of AI for the completion of class assignments; or any other form of academic dishonesty, cheating or plagiarism.
27. Possession and/or use of a cellular telephone, radio, portable audio player, CD player, blackberry, personal data assistant, walkie talkie, Smartphone, mobile or handheld device, or similar electronic device, on school grounds, on school transportation, or at a school-sponsored activity in violation of Board policy and/or administrative regulations regulating the use of such devices.
28. Possession and/or use of a beeper or paging device on school grounds, on school transportation, or at a school-sponsored activity without the written permission of the principal or designee.
29. Unauthorized use of or tampering with any school computer, computer system, computer software, Internet connection or similar school property or system, or the use of such property or system for inappropriate purposes, including using AI in a manner that disrupts or undermines the effective operation of the school district or is otherwise seriously disruptive to the educational process.
30. Possession and/or use of a laser pointer, unless the student possesses the laser pointer temporarily for an educational purpose while under the direct supervision of a responsible adult.
31. Hazing.
32. Bullying, defined as an act that is direct or indirect and severe, persistent or pervasive, which:
    1. causes physical or emotional harm to an individual;
    2. places an individual in reasonable fear of physical or emotional harm; or
    3. infringes on the rights or opportunities of an individual at school.
    
    Bullying shall include, but need not limited be to, a written, oral or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristics, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics.
33. Cyberbullying, defined as any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.
34. Acting in any manner that creates a health and/or safety hazard for employees, students, third parties on school property, or the public, regardless of whether the conduct is intended as a joke, including but not limited to violating school or district health and safety protocols developed in connection with the COVID-19 pandemic, such as, but not limited to, physical distancing and mask-wearing requirements.
35. Engaging in a plan to stage or create a violent situation for the purposes of recording it by electronic means; or recording by electronic means acts of violence for purposes of later publication (other than to school officials).
36. Engaging in a plan to stage sexual activity for the purposes of recording it by electronic means; or recording by electronic means sexual acts for purposes of later publication.
37. Using computer systems, including email, remote learning platforms, instant messaging, text messaging, blogging, AI, or the use of social networking websites, or other forms of electronic communications, to engage in any conduct prohibited by this policy.
38. Use of a privately owned electronic or technological device in violation of school rules, including the unauthorized recording (photographic or audio) of another individual without permission of the individual or a school employee.
39. Engaging in teen dating violence, defined as any act of physical, emotional or sexual abuse, including stalking, harassing and threatening, which occurs between two students who are currently in or who have recently been in a dating relationship.
40. Any action prohibited by any Federal or State law.
41. Any other violation of school rules or regulations or a series of violations which makes the presence of the student in school seriously disruptive of the educational process and/or a danger to persons or property.

IV. Discretionary and Mandatory Expulsions

1. An administrator responsible for a school program ("responsible administrator") may consider recommendation of expulsion of a student in grades three to twelve, inclusive, in a case where the responsible administrator has reason to believe the student has engaged in conduct described at Sections II.A. or II.B., above.
2. A responsible administrator must recommend expulsion proceedings in all cases against any student in grades kindergarten to twelve, inclusive, whom the District Administration has reason to believe:
   1. was in possession on school grounds, on school transportation, or at a school-sponsored activity of a deadly weapon, dangerous instrument, martial arts weapon, or firearm as defined in 18 U.S.C. § 921 as amended from time to time; or
   2. off school grounds, possessed a firearm as defined in 18 U.S.C. § 921, in violation of Conn. Gen. Stat. § 29-35, or possessed and used a firearm as defined in 18 U.S.C. § 921, a deadly weapon, a dangerous instrument or a martial arts weapon in the commission of a crime under chapter 952 of the Connecticut General Statutes; or
   3. was engaged on or off school grounds or school transportation in offering for sale or distribution a controlled substance (as defined in Conn. Gen. Stat. § 21a-240(9)), whose manufacturing, distribution, sale, prescription, dispensing, transporting, or possessing with intent to sell or dispense, offering or administering is subject to criminal penalties under Conn. Gen. Stat. §§21a-277 and 21a-278. Sale or Distribution of less than one (1) kilogram of cannabis is not subject to mandatory expulsion.
      The terms “dangerous instrument,” “deadly weapon,” electronic defense weapon,” “firearm,” and “martial arts weapon,” are defined above in Section I.
3. In any preschool program provided by the Board of Education or provided by a regional educational service center or a state or local charter school pursuant to an agreement with the Board of Education, no student enrolled in such a preschool program shall be expelled from such preschool program, except an expulsion hearing shall be conducted by the Board of Education in accordance with Section VIII of this policy whenever the Administration has reason to believe that a student enrolled in such preschool program was in possession of a firearm as defined in 18 U.S.C. § 921, as amended from time to time, on or off school grounds, on school transportation, or at a preschool program-sponsored event. The term “firearm” is defined above in Section I.
4. Upon receipt of an expulsion recommendation, the Superintendent may conduct an inquiry concerning the expulsion recommendation. If the Superintendent or designee determines that a student should or must be expelled, student shall forward such recommendation to the Board of Education so that the Board can consider and act upon this recommendation.
5. In keeping with Conn. Gen. Stat. § 10-233d and the Gun-Free Schools Act, it shall be the policy of the Board to expel a student in grades kindergarten to twelve, inclusive, for one (1) full calendar year for the conduct described in Section IV.B(1), (2) and (3) of this policy and to expel a student enrolled in a preschool program for one (1) calendar year for the conduct described in Section IV.C. For any mandatory expulsion offense, the Board may modify the term of expulsion on a case-by-case basis.

V. Procedures Governing Removal from Class

1. A student may be removed from class by a teacher or administrator if the student deliberately causes a serious disruption of the educational process. When a student is removed by a teacher, the teacher must send the student to a designated area and notify the responsible administrator or administrator's designee at once.
2. A student may not be removed from class more than six (6) times in one school year nor more than twice in one week unless the student is referred to the responsible administrator or administrator's designee and granted an informal hearing at which the student should be informed of the reasons for the disciplinary action and given an opportunity to explain the situation.
3. The parents or guardian of any minor student removed from class shall be given notice of such disciplinary action within twenty-four (24) hours of the time of the institution of such removal from class.

VI. Procedures Governing Suspension

1. The responsible administrator or administrator's designee shall have the right to suspend a student for breach of conduct as noted in Section II of this policy for not more than five (5) consecutive in-school days. In cases where suspension is contemplated, the following procedures shall be followed.
   1. Unless an emergency situation exists, no student shall be suspended prior to having an informal hearing before the responsible administrator or administrator's designee at which the student is informed of the charges and given an opportunity to respond. In the event of an emergency, the informal hearing shall be held as soon after the suspension as possible.
   2. If suspended, such suspension shall be an in-school suspension, except the responsible administrator or administrator's designee may impose an out-of-school suspension on any pupil:
      1. in grades three to twelve, inclusive, if, during the informal hearing, (i) the responsible administrator or administrator's designee determines that the student poses such a danger to persons or property or such a disruption of the educational process that student should be excluded from school during the period of suspension; or (ii) the responsible administrator or administrator's designee determines that an out-of-school suspension is appropriate based on evidence of (A) the student’s previous disciplinary problems that have led to suspensions or expulsion of such student, and (B)previous efforts by the Administration to address the student’s disciplinary problems through means other than out-of-school suspension or expulsion, including positive behavioral support strategies, or
      2. in grades preschool to two, inclusive, if the responsible administrator or administrator's designee (A) determines that an out-of-school suspension is appropriate for such student based on evidence that such student's conduct on school grounds is behavior that causes physical harm, (B) requires that such pupil receives services that are trauma-informed and developmentally appropriate and align with any behavioral intervention plan, individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time, for such pupil upon such pupil’s return to school immediately following the out-of-school suspension, and (C) considers whether to convene a planning and placement team meeting for the purposes of conducting and evaluation of the student.
   3. An out-of-school suspension imposed in accordance with (2.A) of this subsection shall not exceed ten (10) school days, and an out-of-school suspension imposed in accordance with (2.B.) of this subsection shall not exceed five (5) school days.
   4. Evidence of past disciplinary problems that have led to removal from a classroom, suspension, or expulsion of a student who is the subject of an informal hearing may be received by the responsible administrator or administrator's designee, but only considered in the determination of the length of suspensions.
   5. By telephone, the responsible administrator or administrator's designee shall make reasonable attempts to immediately notify the parent or guardian of a minor student following the suspension and to state the cause(s) leading to the suspension.
   6. Whether or not telephone contact is made with the parent or guardian of such minor student, the responsible administrator or administrator's designee shall forward a letter promptly to such parent or guardian to the last address reported on school records (or to a newer address if known by the responsible administrator or administrator's designee), offering the parent or guardian an opportunity for a conference to discuss same.
   7. In all cases, the parent or guardian of any minor student who has been suspended shall be given notice of such suspension within twenty-four (24) hours of the time of the institution of the suspension.
   8. Not later than twenty-four (24) hours after the commencement of the suspension, the responsible administrator or administrator's designee shall also notify the Superintendent or designee of the name of the student being suspended and the reason for the suspension.
   9. The student shall be allowed to complete any classwork, including examinations, without penalty, which the student missed while under suspension.
   10. The school Administration may, in its discretion, shorten or waive the suspension period for a student who has not previously been suspended or expelled, if the student completes an Administration-specified program and meets any other conditions required by the Administration. Such Administration-specified program shall not require the student and/or the student’s parents to pay for participation in the program. The Superintendent may delegate this authority to building or program level administrators.
   11. Notice of the suspension shall be recorded in the student's cumulative educational record. Such notice shall be expunged from the cumulative educational record if the student graduates from high school. In cases where the student’s period of suspension is shortened or waived in accordance with Section VI.A(9), above, the Administration may choose to expunge the suspension notice from the cumulative record at the time the student completes the Administration-specified program and meets any other conditions required by the Administration. The Superintendent may delegate this authority to building or program level administrators.
   12. If the student has not previously been suspended or expelled, and the Administration chooses to expunge the suspension notice from the student’s cumulative record prior to graduation, the Administration may refer to the existence of the expunged disciplinary notice, notwithstanding the fact that such notice may have been expunged from the student’s cumulative file, for the limited purpose of determining whether any subsequent suspensions or expulsions by the student would constitute the student’s first such offense.
   13. The decision of the responsible administrator or administrator's designee with regard to disciplinary actions up to and including suspensions shall be final.
   14. During any period of suspension served out of school, the student shall not be permitted to be on school property and shall not be permitted to attend or participate in any school-sponsored activities, unless the responsible administrator or administrator's designee specifically authorizes the student to enter school property for a specified purpose or to participate in a particular school-sponsored activity.
2. In cases where a student’s suspension will result in the student being suspended more than ten (10) times or for a total of fifty (50) days in a school year, whichever results in fewer days of exclusion, the student shall, prior to the pending suspension, be granted a formal hearing before the Board of Education. The responsible administrator or administrator's designee shall report the student to the Superintendent or designee and request a formal Board hearing. If an emergency situation exists, such hearing shall be held as soon after the suspension as possible.

VII. Procedures Governing In-School Suspension

1. The responsible administrator or administrator's designee may impose in-school suspension in cases where a student's conduct endangers persons or property, violates school policy or seriously disrupts the educational process as determined by the responsible administrator or administrator's designee.
2. In-school suspension may not be imposed on a student without an informal hearing by the responsible administrator or administrator's designee.
3. In-school suspension may be served in the school pr program that the student regularly attends or in any other school building within the jurisdiction of the Board.
4. No student shall be placed on in-school suspension more than fifteen (15) times or for a total of fifty (50) days in one school year, whichever results in fewer days of exclusion.
5. The parents or guardian of any minor student placed on in-school suspension shall be given notice of such suspension within twenty-four (24) hours of the time of the institution of the period of the in-school suspension.

VIII. Procedures Governing Expulsion Hearing

1. Emergency Exception
   Except in an emergency situation, the Board of Education shall, prior to expelling any student, conduct a hearing to be governed by the procedures outlined herein and consistent with the requirements of Conn. Gen. Stat. § 10-233d or Conn. Gen. Stat. § 10-233l, if applicable, as well as the applicable provisions of the Uniform Administrative Procedures Act, Conn. Gen. Stat. §§ 4-176e to 4-180a, and § 4-181a. Whenever an emergency exists, the hearing provided for herein shall be held as soon as possible after the expulsion.
2. Hearing Panel:
   Expulsion hearings conducted by the Board will be heard by any three or more Board members. A decision to expel a student must be supported by a majority of the Board members present, provided that no less than three (3) affirmative votes to expel are cast.
   1. Alternatively, the Board may appoint an impartial hearing board composed of one (1) or more persons to hear and decide the expulsion matter, provided that no member of the Board may serve on such panel.
3. Hearing Notice and Rights of the Student and Parent(s)/Guardian(s):
   1. Written notice of the expulsion hearing must be given to the student, and, if the student is a minor, to student’s parent(s) or guardian(s) at least five (5) business days before such hearing.
   2. A copy of this Board policy on student discipline shall also be given to the student, and if the student is a minor, to student’s parent(s) or guardian(s), at the time the notice is sent that an expulsion hearing will be convened.
   3. The written notice of the expulsion hearing shall inform the student of the following:
      1. The date, time, place and nature of the hearing, including if the hearing will be held virtually, via video conference.
      2. The legal authority and jurisdiction under which the hearing is to be held, including a reference to the particular sections of the legal statutes involved.
      3. A short, plain description of the conduct alleged by the Superintendent or Superintendent’s designee.
      4. The student may present as evidence relevant testimony and documents concerning the conduct alleged and the appropriate length and conditions of expulsion; and that the expulsion hearing may be the student’s sole opportunity to present such evidence.
      5. The student may cross-examine witnesses called by the Superintendent or Superintendent’s designee.
      6. The student may be represented by an attorney or other advocate of student’s choice at the student’s expense or at the expense of student’s parent(s) or guardian(s).
      7. A student is entitled to the services of a translator or interpreter, to be provided by the Board of Education, whenever the student or student’s parent(s) or guardian(s) requires the services of an interpreter because student(s) do(es) not speak the English language or is(are) disabled.
      8. The conditions under which the Board is not legally required to give the student an alternative educational opportunity (if applicable).
      9. Information concerning the parent’s(s’) or guardian’s(s’) and the student’s legal rights and about free or reduced-rate legal services and how to access such services.
      10. The parent(s) or guardian(s) of the student have the right to have the expulsion hearing postponed for up to one week to allow time to obtain representation, except that if an emergency exists, such hearing shall be held as soon after the expulsion as possible.
4. Hearing Procedures:
   1. The hearing will be conducted by the Presiding Officer, who will call the meeting to order, introduce the parties, Board members and others participating in the hearing (if applicable), briefly explain the hearing procedures, and swear in any witnesses called by the Superintendent or Superintendent’s designee or the student. If an impartial board or more than one person has been appointed, the impartial board shall appoint a Presiding Officer.
   2. The hearing will be conducted in executive session. A verbatim record of the hearing will be made, either by tape or digital recording or by a stenographer. A record of the hearing will be maintained, including the verbatim record, all written notices and documents relating to the case and all evidence received or considered at hearing.
   3. The Superintendent or Superintendent’s designee shall bear the burden of production to come forward with evidence to support its case and shall bear the burden of persuasion. The standard of proof shall be a preponderance of the evidence.
   4. Formal rules of evidence will not be followed. The Board (or the impartial board) has the right to accept hearsay and other evidence if it deems that evidence relevant or material to its determination. The Presiding Officer will rule on testimony or evidence as to it being immaterial, irrelevant and/or any other objections to its submission.
   5. The hearing will be conducted in two (2) parts. In the first part of the hearing, the Board (or impartial board)  will receive and consider evidence regarding the conduct alleged by the Administration.
   6. In the first part of the hearing, the charges will be introduced into the record by the Superintendent or designee.
   7. Each witness for the Superintendent or Superintendent’s designee will be called and sworn. After a witness has finished testifying, he/she will be subject to cross-examination by the opposite party or his/her legal counsel, by the Presiding Officer and by Board members (or the impartial board).
   8. The student shall not be compelled to testify at the hearing.
   9. After the Superintendent or Superintendent’s designee has presented its case, the student will be asked if they have any witnesses or evidence to present concerning the charges. If so, the witnesses will be sworn, will testify, and will be subject to cross examination and to questioning by the Superintendent or Superintendent’s designee, the Presiding Officer and/or by the Board (or the impartial board). The student may also choose to make a statement at this time. If the student chooses to make a statement, they will be sworn and subject to cross examination and questioning by the Superintendent or Superintendent’s designee, the Presiding Officer and/or by the Board (or the impartial board). Concluding statements will be made by the Superintendent or Superintendent’s designee and then by the student and/or the student’s representative.
   10. In cases where the student has denied the allegation, the Board (or the impartial board) must determine whether the student committed the offense(s) as charged by the Superintendent or the Superintendent's designee.
   11. If the Board (or the impartial board) determines that the student has committed the conduct as alleged, then the Board (or the impartial board) shall proceed with the second portion of the hearing, during which the Board (or the impartial board) will receive and consider relevant evidence regarding the length and conditions of expulsion.
   12. When considering the length and conditions of expulsion, the Board (or the impartial board) may review the student’s attendance, academic and past disciplinary records. The Board (or the impartial board) may not review notices of prior expulsions or suspensions which have been expunged from the student’s cumulative record, except as provided in Section VI.A (9), (10), (11), above, and Section X, below. The Board (or the impartial board) may ask the Superintendent or Superintendent's designee for a recommendation as to the discipline to be imposed.
   13. Evidence of past disciplinary problems that have led to removal from a classroom, suspension or expulsion of a student being considered for expulsion may be considered only during the second portion of the hearing, during which the Board (or the impartial board) is considering length of expulsion and nature of alternative educational opportunity to be offered.
   14. Where administrators presented the case in support of the charges against the student, neither such administrative staff nor the Superintendent or Superintendent's designee shall be present during the deliberations of the Board (or the impartial board) either on questions of evidence or on the final discipline to be imposed. The Superintendent  or Superintendent's designee may, after reviewing the incident with administrators, and reviewing the student’s records, make a recommendation to the Board (or the impartial board) as to the appropriate discipline to be applied.
   15. The Board (or the impartial board) shall make findings as to the truth of the charges, if the student has denied them; and, in all cases, the disciplinary action, if any, to be imposed. While the hearing itself is conducted in executive session, the vote regarding expulsion must be made in open session and in a manner that preserves the confidentiality of the student’s name and other personally identifiable information.
   16. Except for a student who has been expelled based on possession of a firearm or deadly weapon as described in subsection IV.B(1) and (2) above, the Board (or the impartial board) may, in its discretion, shorten or waive the expulsion period for a student who has not previously been suspended or expelled, if the student completes a Board-specified program and meets any other conditions required by the Board (or the impartial board). The Board-specified program shall not require the student and/or the student’s parents to pay for participation in the program.
   17. The Board (or the impartial board) shall report its final decision in writing to the student, or if such student is a minor, also to the parent(s) or guardian(s), stating the reasons on which the decision is based, and the disciplinary action to be imposed. Said decision shall be based solely on evidence presented at the hearing. The parents or guardian or any minor student who has been expelled shall be given notice of such disciplinary action within twenty-four (24) hours of the time of the institution of the period of the expulsion.
   18. The hearing may be conducted virtually, via video conference, at the direction of the Board (or the impartial board), in the event school buildings are closed to students or individuals are provided limited access to school buildings due to a serious health or other emergency.  Any virtual hearing must provide the student the due process rights identified in this Subsection D.
5. Presence on School Grounds, on School Transportation, and Participation in School-Sponsored Activities During Expulsion: During the period of expulsion, the student shall not be permitted to be on school property or on school transportation and shall not be permitted to attend or participate in any school-sponsored activities, except for the student’s participation in any alternative educational opportunity provided by the district in accordance with this policy, unless the Superintendent or Superintendent’s designee specifically provides written permission for the student to enter school property or school transportation for a specified purpose or to participate in a particular school-sponsored activity.
6. Stipulated Agreements:
   In lieu of the procedures used in this Section, the Superintendent or Superintendent’s designee and the parent(s) or legal guardian(s) of a student facing expulsion may choose to enter into a Joint Stipulation of the Facts and a Joint Recommendation to the Board concerning the length and conditions of expulsion. Such Joint Stipulation and Recommendation shall include language indicating that the parent(s) or legal guardian(s) understand their right to have an expulsion hearing held pursuant to these procedures, and language indicating that the Board, in its discretion, has the right to accept or reject the Joint Stipulation of Facts and Recommendation. If the Board (or the impartial board) rejects either the Joint Stipulation of Facts or the Recommendation, an expulsion hearing shall be held pursuant to the procedures outlined herein. If the Student is eighteen years of age or older, the student shall have the authority to enter into a Joint Stipulation on the student’s own behalf.
   If the parties agree on the facts, but not on the disciplinary recommendation, the Superintendent or Superintendent’s designee and the parents (or legal guardians) of a student facing expulsion may also choose to enter into a Joint Stipulation of the Facts and submit only the Stipulation of the Facts to the Board (or the impartial board) in lieu of holding the first part of the hearing, as described above. Such Joint Stipulation shall include language indicating that the parents understand their right to have a hearing to determine whether the student engaged in the alleged misconduct and that the Board, in its discretion, has the right to accept or reject the Joint Stipulation of Facts. If the Board (or the impartial board) rejects the Joint Stipulation of Facts, a full expulsion hearing shall be held pursuant to the procedures outlined herein.

IX. Alternative Educational Opportunities for Expelled Students

1. Students under sixteen (16) years of age:
   Whenever the Board of Education expels a student under sixteen (16) years of age, it shall offer any such student an alternative educational opportunity.
2. Students sixteen (16) to eighteen (18) years of age:
   1. The Board of Education shall provide an alternative educational opportunity to a sixteen (16) to eighteen (18) year-old student expelled for the first time if the student requests it and if the student agrees to the conditions set by the Board (or the impartial board). Such alternative educational opportunity may include, but shall not be limited to, the placement of a student who is at least seventeen years of age in an adult education program. Any student participating in an adult education program during a period of expulsion shall not be required to withdraw from school as a condition to participation in the adult education program.
   2. The Board of Education is not required to offer an alternative educational opportunity to any student between the ages of sixteen (16) and eighteen (18) who is expelled for a second, or subsequent, time.
   3. The Board of Education shall count the expulsion of a student when the student was under sixteen (16) years of age for purposes of determining whether an alternative educational opportunity is required for such student when the student is between the ages of sixteen and eighteen.
3. Students eighteen (18) years of age or older: The Board of Education is not required to offer an alternative educational opportunity to expelled students eighteen (18) years of age or older.
4. Content of Alternative Educational Opportunity
   1. For the purposes of Section IX, and subject to Subsection IX.E, below, any alternative educational opportunity to which an expelled student is statutorily entitled shall be (1) alternative education, as defined by Conn. Gen. Stat. § 10-74j and in accordance with the Standards for Educational Opportunities for Students Who Have Been Expelled, adopted by the State Board of Education, with an individualized learning plan, if the Board provides such alternative education, or (2) in accordance with the Standards for Educational Opportunities for Students Who Have Been Expelled, adopted by the State Board of Education.
      
      The Superintendent, or designee, shall develop administrative regulations concerning alternative educational opportunities, which administrative regulations shall be in compliance with the standards adopted by the State Board of Education. Such administrative regulations shall include, but not limited to, provisions to address student placement in alternative education; individualized learning plans; monitoring of student(s) placements and performance; and a process for transition planning.
5. Students identified as eligible for services under the Individuals with Disabilities Education Act (“IDEA”):
   Notwithstanding Subsections IX.A. through D. above, if the Board of Education expels a student who has been identified as eligible for services under the Individuals with Disabilities Education Act (“IDEA”), it shall offer an alternative educational opportunity to such student in accordance with the requirements of IDEA, as it may be amended from time to time, and in accordance with the Standards for Educational Opportunities for Students Who Have Been Expelled, adopted by the State Board of Education.
6. Students for whom an alternative educational opportunity is not required:
   The Board of Education may offer an alternative educational opportunity to a student for whom such alternative educational opportunity is not required by law or as described in this policy. In such cases, the Board, or if delegated by the Board, the Administration, shall determine the components, including nature, frequency and duration of such services, of any such alternative educational opportunity.

X.    Notice of Student Expulsion on Cumulative Record

Notice of expulsion and the conduct for which the student was expelled shall be included on the student’s cumulative educational record.  Such notice, except for notice of an expulsion of a student in grades nine through twelve, inclusive, based upon possession of a firearm or deadly weapon, shall be expunged from the cumulative educational record by the District if the student graduates from high school.
In cases where the student’s period of expulsion is shortened or waived in accordance with Section VIII.D(14), above, the Board may choose to expunge the expulsion notice from the cumulative record at the time the student completes the Board-specified program and meets any other conditions required by the Board. . Except as may be specified by the Board in an expulsion hearing decision, the Board delegates the authority to make decisions pertaining to expungement to the Superintendent.   
If a student’s period of expulsion was not shortened or waived, the Board may choose to expunge the expulsion notice from the student’s cumulative record prior to graduation if such student has demonstrated to the Board that the student’s conduct and behavior in the years following such expulsion warrants an expungement.  In deciding whether to expunge the expulsion notice, the Board may receive and consider evidence of any subsequent disciplinary problems that have led to removal from a classroom, suspension or expulsion of the student. . Except as may be specified by the Board in an expulsion hearing decision, the Board delegates the authority to make decisions pertaining to expungement to the Superintendent.  
If the student has not previously been suspended or expelled, and the Administration chooses to expunge the expulsion notice from the student’s cumulative record prior to graduation, the Administration may refer to the existence of the expunged notice, notwithstanding the fact that such notice may have been expunged from the student’s cumulative file, for the limited purpose of determining whether any subsequent suspension or expulsion by the student would constitute the student’s first such offense. 

XI. Change of Residence During Expulsion Proceedings

1. Student moving into the District:
   1. If a student enrolls in the District while an expulsion hearing is pending in another district, such student shall not be excluded from school pending completion of the expulsion hearing unless an emergency exists, as defined above. The Board shall retain the authority to suspend the student or to conduct its own expulsion hearing. The procedures outlined above in Section VIII and consistent with the requirements of Conn. Gen. Stat. § 10-233d or Conn. Gen. Stat. § 10-233l, if applicable, as well as the applicable provisions of the Uniform Administrative Procedures Act, Conn. Gen. Stat. §§ 4-176e to 4-180a, and § 4-181a shall be utilized for any hearing conducted under this section.
   2. Where a student enrolls in the district during the period of expulsion from another public school district, the Board may adopt the decision of the student expulsion hearing conducted by such other school district. The student shall be excluded from school pending such hearing. The excluded student shall be offered an alternative educational opportunity in accordance with statutory requirements. The Board (or the impartial board) shall make its determination pertaining to expulsion based upon a hearing held by the Board (or the impartial board), which hearing shall be limited to a determination of whether the conduct which was the basis of the previous public school district’s expulsion would also warrant expulsion by the Board. The procedures outlined above in Section VIII and consistent with the requirements of Conn. Gen. Stat. § 10-233d or Conn. Gen. Stat. § 10-233l, if applicable, as well as the applicable provisions of the Uniform Administrative Procedures Act, Conn. Gen. Stat. §§ 4-176e to 4-180a, and § 4-181a shall be utilized for any hearing conducted under this section.
2. Student moving out of the District:
   Where a student withdraws from school after having been notified that an expulsion hearing is pending, but before a decision has been rendered by the Board, the notice of the pending expulsion hearing shall be included on the student’s cumulative record and the Board shall complete the expulsion hearing and render a decision. If the Board subsequently renders a decision to expel the student, a notice of the expulsion shall be included on the student’s cumulative record.

XII. Procedures Governing Suspension and Expulsion of Students Identified as Eligible for Services under the Individuals with Disabilities Education Act (“IDEA”)

1. Suspension of IDEA students:
   Notwithstanding the foregoing, if a responsible administrator suspends a student identified as eligible for services under the IDEA (an “IDEA student”) who has violated any rule or code of conduct of the District that applies to all students, the following procedures shall apply:
   1. The responsible administrator shall make reasonable attempts to immediately notify the parents of the student of the decision to suspend on the date on which the decision to suspend was made, and a copy of the special education procedural safeguards must either be hand-delivered or sent by mail to the parents on the date that the decision to suspend was made.
   2. During the period of suspension, the District is not required to provide any educational services to the IDEA student beyond that which is provided to all students suspended by the District.
2. Expulsion and Suspensions that Constitute Changes in Placement for IDEA students: Notwithstanding any provision to the contrary, if the Administration recommends for expulsion an IDEA student who has violated any rule or code of conduct of the District that applies to all students, the procedures described in this section shall apply. The procedures described in this section shall also apply for students whom the Administration has suspended in a manner that is considered under the IDEA, as it may be amended from time to time, to be a change in educational placement:
   1. Upon the decision by the Administration to recommend expulsion or impose a suspension that would constitute a change in educational placement, the Administration shall promptly notify the parent(s)/guardian(s) of the student of the recommendation of expulsion or the suspension that would constitute a change in educational placement, and provide the parents(s)/guardian(s) a copy of the special education procedural safeguards either by hand-delivery or by mail (unless other means of transmission have been arranged).
   2. The  District shall immediately convene the student’s planning and placement team (“PPT”), but in no case later than ten (10) school days after the recommendation for expulsion or the suspension that constitutes a change in placement was made. The student’s PPT shall consider the relationship between the student’s disability and the behavior that led to the recommendation for expulsion or the suspension which constitutes a change in placement, in order to determine whether the student’s behavior was a manifestation of the student’s disability.
   3. If the student’s PPT finds that the behavior was a manifestation of the student’s disability, the Administration shall not proceed with the recommendation for expulsion or the suspension that constitutes a change in placement.
   4. If the student’s PPT finds that the behavior was not a manifestation of the student’s disability, the Administration may proceed with the recommended expulsion or suspension that constitutes a change in placement.
   5. During any period of expulsion, or suspension of greater than ten (10) days per school year, the Administration shall provide the student with an alternative education program in accordance with the provisions of the IDEA.
   6. When determining whether to recommend an expulsion or a suspension that constitutes a change in placement, the responsible administrator (or designee) should consider the nature of the misconduct and any relevant educational records of the student.
3. Removal of Special Education Students for Certain Offenses:
   1. A responsible administrator may remove a student eligible for special education under the IDEA to an appropriate interim alternative educational setting for not more than forty-five (45) school days if the student:
      1. Was in possession of a dangerous weapon, as defined in 18 U.S.C. 930(g)(2), as amended from time to time, on school grounds, on school transportation or at a school-sponsored activity, or
      2. Knowingly possessed or used illegal drugs or sold or solicited the sale of a controlled substance while at school, on school transportation or at a school-sponsored activity; or
      3. Has inflicted serious bodily injury upon another person while at school, on school premises, on school transportation or at a school function.
   2. The following definitions shall be used for this subsection XII.C.:
      1. Dangerous weapon means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2.5 inches in length.
      2. Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act, 21 U.S.C. 812(c).
      3. Illegal drug means a controlled substance but does not include a substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or under any other provision of federal law.
      4. Serious bodily injury means a bodily injury which involves: (A) a substantial risk of death; (B) extreme physical pain; (C) protracted and obvious disfigurement; or (D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

XIII. Procedures Governing Expulsions for Students Identified as Eligible under Section 504 of the Rehabilitation Act of 1973 (“Section 504”)

1. Except as provided in subsection B below, notwithstanding any provision to the contrary, if the Administration recommends for expulsion a student identified as eligible for educational accommodations under Section 504 who has violated any rule or code of conduct of the District that applies to all students, the following procedures shall apply:
   1. The parents of the student must be notified of the decision to recommend the student for expulsion.
   2. The District shall immediately convene the student’s Section 504 team (“504 team”) for the purpose of reviewing the relationship between the student’s disability and the behavior that led to the recommendation for expulsion. The 504 team will determine whether the student’s behavior was a manifestation of the student’s disability.
   3. If the 504 team finds that the behavior was a manifestation of the student’s disability, the Administration shall not proceed with the recommended expulsion.
   4. If the 504 team finds that the behavior was not a manifestation of the student's disability, the Administration may proceed with the recommended expulsion.
2. The Board may take disciplinary action for violations pertaining to the use or possession of illegal drugs or alcohol against any student with a disability who currently is engaging in the illegal use of drugs or alcohol to the same extent that such disciplinary action is taken against nondisabled students. Thus, when a student with a disability is recommended for expulsion based solely on the illegal use or possession of drugs or alcohol, the 504 team shall not be required to meet to review the relationship between the student’s disability and the behavior that led to the recommendation for expulsion.

XIV. Procedures Governing Expulsions for Students Placed in a Juvenile Detention Center

1. Any student who commits an expellable offense and is subsequently placed in a juvenile detention center or any other residential placement for such offense may be expelled by the Board in accordance with the provisions of this section. The period of expulsion shall run concurrently with the period of placement in a juvenile detention center or other residential placement.
2. If a student who committed an expellable offense seeks to return to the District after participating in a diversionary program or having been placed in a juvenile detention center or any other residential placement and such student has not been expelled by the board of education for such offense under subdivision (A) of this subsection, the Board shall allow such student to return and may not expel the student for additional time for such offense.

XV. Early Readmission to School

An expelled student may apply for early readmission to school. The Board delegates the authority to make decisions on readmission requests to the Superintendent. Students desiring readmission to school shall direct such readmission requests to the Superintendent. The Superintendent has the discretion to approve or deny such readmission requests, and may condition readmission on specified criteria.

XVI. Dissemination of Policy

The District shall, at the beginning of each school year and at such other times as it may deem appropriate, provide for an effective means of informing all students, parent(s) and/or guardian(s) of this policy.

XVII. Compliance with Documentation and Reporting Requirements

1. The District shall include on all disciplinary reports the individual student’s state-assigned student identifier (SASID).
2. The District shall report all suspensions and expulsions to the State Department of Education.
3. If the Board of Education expels a student for sale or distribution of a controlled substance, as defined in Conn. Gen. Stat. § 21a-240(9), whose manufacture,distribution, sale, prescription, dispensing, transporting or possessing with the intent to sell or dispense, offering, or administration is the subject to criminal penalties under Conn. Gen. Stat. §§ 21a-277 and 21a-278, the District shall refer such student to an appropriate state or local agency for rehabilitation, intervention or job training and inform the agency of its action.
4. If the Board of Education expels a student for possession of a firearm, as defined in 18 U.S.C. § 921, or deadly weapon, dangerous instrument or martial arts weapon, as defined in Conn. Gen. Stat. § 53a-3, the District shall report the violation to the local police.

Legal References:

Connecticut General Statutes:

• § 10-16 Length of school year
• § 10-74j Alternative education
• §§ 4-176e through 4-180a and § 4-181a Uniform Administrative Procedures Act
• § 10-222d Safe school climate plans. Definitions.  Safe school climate assessments
• §§ 10-233a through 10-233f Suspension and expulsion of students
• § 10-233l Expulsion and suspension of children in preschool programs
• § 10-253 School privileges for children in certain placements, nonresident children, children in temporary shelters, homeless children and children in juvenile detention facilities. Liaison to facilitate transitions between school districts and juvenile and criminal justice systems.
• § 19a-342a Use of electronic nicotine delivery system or vapor product prohibited. Exceptions. Signage required. Penalties
• § 21a-240 Definitions
• § 21a-277 Penalty for illegal manufacture, distribution, sale, prescription, dispensing
• § 21a-278 Penalty for illegal manufacture, distribution, sale, prescription, or administration by non-drug-dependent person
• §§ 21a-408a through 408p Palliative Use of Marijuana
• § 29-35 Carrying of pistol or revolver without permit prohibited. Exceptions
• § 29-38 Weapons in vehicles
• § 53a-3 Definitions
• § 53-206 Carrying of dangerous weapons prohibited
• § 53-344 Sale or delivery of cigarettes or tobacco products to     persons under twenty-one. 
• § 53-344b Sale and delivery of electronic nicotine delivery system or vapor products to persons under twenty-one years or age

Public Act No. 21-46, “An Act Concerning Social Equity and the Health, Safety and Education of Children.”

Packer v. Board of Educ. of the Town of Thomaston, 717 A.2d 117 (Conn. 1998).
State v. Hardy, 896 A.2d 755 (Conn. 2006).
State v. Guzman, 955 A.2d 72 (Conn. App. Ct. 2008).

Connecticut State Department of Education, Standards for Educational Opportunities for Students Who Have Been Expelled, adopted January 3, 2018.

Federal law:

Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., as amended by the Individuals with Disabilities Education Improvement Act of 2004, Pub. L. 108-446.  

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a).
18 U.S.C. § 921 (definition of “firearm”)
18 U.S.C. § 930(g)(2) (definition of “dangerous weapon”)
18 U.S.C. § 1365(h)(3) (identifying “serious bodily injury”)
21 U.S.C. § 812(c) (identifying “controlled substances”)
34 C.F.R. § 300.530 (defining “illegal drugs”)
Gun-Free Schools Act, 20 U.S.C. § 7961
Honig v. Doe, 484 U.S. 305 (1988) 

U.S. Department of Education Office for Civil Rights, U.S. Department of Justice Civil Rights Division, Resource on Confronting Racial Discrimination in Student Discipline (May 2023)

Date of Adoption:  October 6, 2020
Date of Revision: January 4, 2022
Date of Revision: December 12, 2023
Date of Revision: September 3, 2024
 

#5113 Student Attendance. Truancy and Chronic Absenteeism

(formerly Student Attendance)

Regular and punctual student attendance in school is essential to the educational process.  Connecticut state law places responsibility for assuring that students attend school with the parent or other person having control of the child.  To assist parents and other persons in meeting this responsibility, the Board of Education (the “Board”), through its Superintendent, will adopt and maintain procedures to implement this policy.

In addition, the Board takes seriously the issue of chronic absenteeism.  To address this issue, the Board, through its Superintendent, will adopt and maintain procedures regarding chronic absenteeism in accordance with state law.

Legal References:

• Public Act No.  22-47
• Connecticut General Statutes § 10-220
• Connecticut General Statutes § 10-184
• Connecticut General Statutes § 10-186 
• Connecticut General Statutes § 10-198a
• Connecticut General Statutes § 10-198b 
• Connecticut General Statutes § 10-198c 
• Connecticut General Statutes § 10-198d
• Connecticut General Statutes § 10-198e
• Connecticut General Statutes § 10-198f
• Guidelines for Reporting Student Attendance in the Public School Information System (Connecticut State Department of Education, January 2008)
• Connecticut State Board of Education Memorandum, Definitions of Excused and Unexcused Absences (June 27, 2012)
• Connecticut State Department of Education, Guidelines for Implementation of the Definitions of Excused and Unexcused Absences and Best Practices for Absence Prevention and Intervention (April 2013)
• Connecticut State Department of Education, Reducing Chronic Absence in Connecticut’s Schools: A Prevention and Intervention Guide for Schools and Districts (April 2017)
• Connecticut State Department of Education Memorandum, Youth Service Bureau Referral for Truancy and Defiance of School Rules (February 22, 2018)
• Connecticut State Department of Education, Youth Service Bureau Referral Guide (February 2018)
• Connecticut State Department of Education Memorandum, Mental Health Wellness Days (January 24, 2022) 
• Connecticut State Department of Education Memorandum, Adoption of Definitions of Remote Absence (September 7, 2022)

• Connecticut State Board of Education Resolution (September 7, 2022)

Date of Adoption:  October 6, 2020
Date Revised: April 5, 2022
Date Revised: January 10, 2023 

Date Revised: August 20, 2024

Regulation #5120.3R Immunizations

5120.3 Health Assessments/Screenings and Oral Health Assessments 

(formerly Health Services)

Health Assessments

The Madison Board of Education (the “Board’) requires each student enrolled in the Madison Public Schools (the “District”) to undergo health assessments as mandated by state law. The purpose of such health assessments shall be to ascertain whether a student has any physical disability tending to prevent the student from receiving the full benefit of school work and to ascertain whether school work should be modified in order to prevent injury to the student or to secure a suitable program of education for the student.  Such health assessments must be conducted by one of the following qualified providers for health assessments: (1) a legally qualified practitioner of medicine; (2) an advanced practice registered nurse or registered nurse, who is licensed under state statute; (3) a physician assistant, who is licensed under state statute; (4) the school medical advisor; or (5) a legally qualified practitioner of medicine, an advanced practice registered nurse or a physician assistant stationed at any military base.  The Board will provide written prior notice of the health assessments required under these administrative regulations to the parent or guardian of each student subject to assessment.  The parent or guardian shall be provided a reasonable opportunity to be present during such assessment or the parent or guardian may provide for such assessment.  No health assessment shall be made of any public school student unless it is made in the presence of the parent or guardian or in the presence of another school employee. Any student who fails to obtain the health assessments required by these administrative regulations may be denied continued attendance in the District.

Health Assessments Required

Prior to enrollment in the District, or as soon as possible thereafter, each student must undergo a health assessment, which shall include: 

1. a physical examination which includes hematocrit or hemoglobin tests, height, weight, blood pressure, and a chronic disease assessment which shall include, but not be limited to, asthma.  The assessment form shall include (A) a check box for the provider conducting the assessment, to indicate an asthma diagnosis, (B) screening questions relating to appropriate public health concerns to be answered by the parent or guardian, and (C) screening questions to be answered by such provider;
2. an updating of immunizations as required by state law; 
3. vision, hearing, speech and gross dental screenings
4. such other information, including health and developmental history, as the physician feels is necessary and appropriate.

The pre-enrollment assessment shall also include tests for tuberculosis, sickle cell anemia or Cooley’s anemia, and tests for lead levels in the blood if, after consultation with the school medical advisor and the local health department, the Board determines that such tests are necessary.  Such tests must be conducted by a registered nurse acting pursuant to the written order of a physician, or physician’s assistant, licensed under state law, or an advanced practice registered nurse, licensed under state law.

Each student enrolled in the District must undergo a health assessment when in grade six and when in grade ten, which shall include:

1. a physical examination which includes hematocrit or hemoglobin tests, height, weight, blood pressure, and a chronic disease assessment which shall include, but not be limited to, asthma as defined by the Commissioner of Public Health pursuant to subsection (c) of section 19a-62a of the Connecticut General Statutes.  The assessment form shall include (A) a check box for the provider conducting the assessment, to indicate an asthma diagnosis, (B) screening questions relating to appropriate public health concerns to be answered by the parent or guardian, and (C) screening questions to be answered by such provider;
2. an updating of immunizations as required by state law;
3. vision, hearing, postural and gross dental screenings; 
4. such other information, including health and developmental history, as the physician feels is necessary and appropriate.

The grade six and grade ten assessments shall also include tests for tuberculosis and sickle cell anemia or Cooley’s anemia if, after consultation with the school medical advisor and the local health department, the Board determines that such tests are necessary.  Such tests must be conducted by a registered nurse acting pursuant to the written order of a physician, or physician’s assistant, licensed under state law, or of an advanced practice registered nurse, licensed under state law.

The Board of Education shall provide such assessments free of charge to students whose parents or guardians meet the eligibility requirements for free and reduced price meals under the National School Lunch Program or for free milk under the special milk program.  

Oral Health Assessments

1. Prior to enrollment in the District, or as soon as possible thereafter, in grade six and in grade ten, the Board shall request that each student undergo an oral health assessment.   Such oral health assessments must be conducted by one of the following qualified providers for oral health assessments: (1) a dentist licensed under state law; (2) a dental hygienist licensed under state law; (3) a legally qualified practitioner of medicine trained in conducting oral health assessments as a part of a training program approved by the Commissioner of Public Health; (4) a physician assistant licensed under state law and trained in conducting oral health assessments as part of a training program approved by the Commissioner of Public Health; or (5) an advanced practice registered nurse licensed under state statute and trained in conducting oral health assessments as part of a training program approved by the Commissioner of Public Health. 
2. The oral health assessment identified in subsection A above shall include a dental examination by a dentist, or a visual screening and risk assessment for oral health conditions by a dental hygienist, legally qualified practitioner of medicine, physician assistant, or advanced practice registered nurse.  The assessment form shall include a check box for the qualified provider conducting the assessment to indicate any low, moderate or high-risk factors associated with any dental or orthodontic appliance, saliva, gingival condition, visible plaque, tooth demineralization, carious lesions, restorations, pain, swelling or trauma. 
3. No oral health assessment shall be made of any public school student unless the parent or guardian of the student consents to such assessment and such assessment is made in the presence of the parent or guardian or in the presence of another school employee.  The parent or guardian shall be provided with prior written notice of an oral health assessment and be provided with a reasonable opportunity to opt the child out of such assessment, or the parent or guardian may provide for such oral health assessment.  
4. If the Board of Education hosts a free oral health assessment event where qualified providers (identified in subsection A above) perform oral health assessments of children attending a public school, the Board shall notify the parents and guardians of such children of the event in advance and provide an opportunity for parents and guardians to opt their child(ren) out of such event.  The Board shall infer parent/guardian consent for each child whose parent or guardian did not opt the child out of the free oral health assessment event and shall provide such child with a free oral health assessment; however, such child shall not receive dental treatment of any kind unless the child’s parent or guardian provides informed consent for such treatment.   
5. Any student who fails to obtain an oral health assessment requested by the Board shall not be denied enrollment or continued attendance in the District.

Screenings Required

The Board will provide annually to each student enrolled in kindergarten and grades one and three to five, inclusive, a vision screening.  Such vision screening may be performed using a Snellen chart or an equivalent screening device, or an automated vision screening device.  The Superintendent shall give written notice to the parent or guardian of each student (1) who is found to have any defect of vision or disease of the eyes, with a brief statement describing the defect or disease and a recommendation that the student be examined by an optometrist or ophthalmologist licensed pursuant to state law, and (2) who did not receive such vision screening, with a brief statement explaining why such  student did not receive such vision screening.

The Board will provide annually to each student enrolled in kindergarten and grades one and three through five, inclusive, audiometric screening for hearing. The Superintendent shall give written notice to the parent or guardian of each student (1) who is found to have any impairment or defect of hearing, with a brief statement describing the impairment or defect, and (2) who did not receive an audiometric screening for hearing, with a brief statement explaining why such student did not receive an audiometric screening for hearing.

The Board will provide postural screenings for (1) each female student in grades five and seven, and (2) each male student in grade eight or nine.  The Superintendent shall give written notice to the parent or guardian of each student (A) who evidences any postural problem, with a brief statement describing such evidence, and (B) who did not receive a postural screening, with a brief statement explaining why such student did not receive such postural screening.
All of the screenings required under these administrative regulations will be performed in accordance with regulations applicable to such screenings as adopted by the State Board of Education.  
 

Assessment/Screening Results

The results of each assessment and screening required or requested by these administrative regulations shall be recorded on forms supplied by the State Board of Education.  Each qualified provider performing health assessments or oral health assessments under these administrative regulations shall sign each form and any recommendations concerning a student shall be in writing.  Assessment/screening forms shall be included in the cumulative health record of each student and they shall be kept on file in the school attended by the student.  If a student transfers to another school district in Connecticut, the student’s original cumulative health record shall be sent to the chief administrative officer of the new school district and a true copy retained by the Board.  For a student leaving Connecticut, a copy of the records, if requested, should be sent and the original maintained.  

Appropriate school health personnel shall review the results of each assessment and screening.  If the reviewing school health personnel judge that a student is in need of further testing or treatment, the Superintendent shall give written notice to the parent or guardian of such student and shall make reasonable efforts to ensure that such further testing or treatment is provided.  Reasonable efforts shall include determination of whether the parent or guardian has obtained the necessary testing or treatment for the student, and, if not, advising the parent or guardian how such testing or treatment may be obtained.  The results of such further testing or treatment shall be recorded, kept on file and reviewed by appropriate school health personnel in the same manner as the results of the health assessments and screenings required or requested under these administrative regulations.

The district shall report to the local health department and the Department of Public Health, on a triennial basis, the total number of children per school and on a district-wide basis having a diagnosis of asthma (1) at the time of public school enrollment, (2) in grade six or seven, and (3) in grade nine or ten. The report shall contain the asthma information collected as required under Section II of this Policy and shall include information regarding each diagnosed child’s age, gender, race, ethnicity and school. 

Exemption

Nothing in these administrative regulations shall be construed to require any student to undergo a physical or medical examination or treatment, or be compelled to receive medical instruction, if the parent or legal guardian of such student or the student, if  the student is an emancipated minor or is eighteen (18) years of age or older, notifies the teacher or principal or other person in charge of such student in writing that  the student objects on religious grounds to such physical or medical examination or treatment or medical instruction.

Other Non-Emergency Invasive Physical Examinations and Screenings

1. In addition to the screenings listed above, the district may, from time to time, require students to undergo additional non-emergency, invasive physical examination(s)/screening(s).
2. A non-emergency, invasive physical examination or screening is defined as:
1. any medical examination that involves the exposure of private body parts; or
2. any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening; and 
3. is required as a condition of attendance, administered by the school and scheduled by the school in advance; and 
4. is not necessary to protect the immediate health and safety of the student, or of other students.
3. If the district elects to conduct any such examinations, then, at the beginning of the school year, the administration shall give direct notice to parents of affected students of the district's intent to conduct the non-emergency invasive physical examination(s) and/or screening(s) described in this subsection.  Such notice shall include the specific or approximate dates during the school year of the administration of such non-emergency invasive physical examination(s)/screening(s). 
4. Upon request, the administration shall permit parents or students over the age of eighteen (18) (or emancipated minors) to opt out of participation in the non-emergency invasive physical examination(s)/screening(s) described in this subparagraph.  

School Representative to Receive Information Concerning Health Assessments

The Board designates the school nurse coordinator as the representative for receipt of reports from health care providers concerning student health assessments and oral health assessments.

Legal References:

Connecticut General Statutes

§ 10-206 Health assessments
§ 10-206a Free health assessments
§ 10-206d  Oral health assessments
§ 10-208  Exemption from examination or treatment
§ 10-209  Records not be public. Provision of reports to schools 
§ 10-214  Vision, audiometric and postural screenings: When required; notification of parents re defects; record of results

Public Act. No. 21-95, “An Act Concerning Assorted Revisions and Additions to the Education Statutes.”

Public Act 18-168, “An Act Concerning the Department of Public Health’s Recommendations Regarding Various Revisions to the Public Health Statutes,” Sections 8, 80 and 81.

State of Connecticut Department of Education, Bureau of Health/Nutrition, Family Services and Adult Education, Cumulative Health Records Guidelines (Revised Jan. 2012), https://portal.ct.gov/-/media/SDE/School-Nursing/Publications/CHR_guidelines.pdf

Federal Law:

Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act, Public Law 114-95, at 20 U.S.C. § 1232h(c)(2)(C)(iii).

Date of Adoption: September 22, 2020
Date of Revision: January 24, 2023

#5120.3.3 Administration of Student Medications In the Schools

(formerly Administering Medication)

A.    Definitions

Administration of medication means any one of the following activities: handling, storing, preparing or pouring of medication; conveying it to the student according to the medication order; observing the student inhale, apply, swallow, or self-inject the medication, when applicable; documenting that the medication was administered; and counting remaining doses to verify proper administration and use of the medication.

Authorized prescriber means a physician, dentist, optometrist, advanced practice registered nurse or physician assistant, and, for interscholastic and intramural athletic events only, a podiatrist.  

Before or After School Program means any child care program operated and administered by a local or regional board of education exempt from licensure by the Office of Early Childhood pursuant to subdivision (1) of subsection (b) of Section 19a-77 of the Connecticut General Statutes.  Such programs do not include public or private entities licensed by the Office of Early Childhood or board of education enhancement programs and extra-curricular activities.

Cartridge Injector means an automatic prefilled cartridge injector or similar automatic injectable equipment used to deliver epinephrine in a standard dose for emergency first aid response to allergic reactions.

Coach means any person holding a coaching permit who is hired by a local or regional board of education to coach for a sport season.

Controlled drugs means those drugs as defined in Conn. Gen. Stat. Section 21a-240.

Cumulative health record means the cumulative health record of a pupil mandated by Conn. Gen. Stat. Section 10-206.

Director means the person responsible for the day-to-day operations of any school readiness program or before-and-after school program.

Eligible student means a student who has reached the age of eighteen or is an emancipated minor.

Error means:  

1. the failure to do any of the following as ordered:
   1. administer a medication to a student;
   2. administer medication within the time designated by the prescribing physician;
   3. administer the specific medication prescribed for a student;
   4. administer the correct dosage of medication;
   5. administer medication by the proper route; 
   6. administer the medication according to generally accepted standards of practice; or
2. the administration of medication to a student which is not ordered, or which is not authorized in writing by the parent or guardian of such student, except for the administration of epinephrine or naloxone for the purpose of emergency first aid as set forth in Sections D and E below.

Guardian means one who has the authority and obligations of guardianship of the person of a minor, and includes: (1) the obligation of care and control; and (2) the authority to make major decisions affecting the minor's welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment.

Intramural athletic events means tryouts, competition, practice, drills, and transportation to and from events that are within the bounds of a school district for the purpose of providing an opportunity for students to participate in physical activities and athletic contests that extend beyond the scope of the physical education program.

Interscholastic athletic events means events between or among schools for the purpose of providing an opportunity for students to participate in competitive contests that are highly organized and extend beyond the scope of intramural programs and includes tryouts, competition, practice, drills and transportation to and from such events.

Investigational drug means any medication with an approved investigational new drug (IND) application on file with the Food and Drug Administration (FDA), which is being scientifically tested and clinically evaluated to determine its efficacy, safety and side effects and which has not yet received FDA approval.

Licensed athletic trainer means a licensed athletic trainer employed by the school district pursuant to Chapter 375a of the Connecticut General Statutes.

Medication means any medicinal preparation, both prescription and non-prescription, including controlled drugs, as defined in Conn. Gen. Stat. Section 21a-240.  This definition includes Aspirin, Ibuprofen or Aspirin substitutes containing Acetaminophen.  

Medication Emergency means a life-threatening reaction of a student to a medication.

Medication plan means a documented plan established by the school nurse in conjunction with the parent and student regarding the administration of medication in school.  Such plan may be a stand-alone plan, part of an individualized health care plan, an emergency care plan or a medication administration form.

Medication order means the authorization by an authorized prescriber for the administration of medication to a student which shall include the name of the student, the name and generic name of the medication, the dosage of the medication, the route of administration, the time of administration, the frequency of administration, the indications for medication, any potential side effects including overdose or missed dose of the medication, the start and termination dates not to exceed a 12-month period, and the written signature of the prescriber.

Nurse means an advanced practice registered nurse, a registered nurse or a practical nurse licensed in Connecticut in accordance with Chapter 378, Conn. Gen. Stat.

Occupational Therapist means an occupational therapist employed full time by the local or regional board of education and licensed in Connecticut pursuant to Chapter 376a of the Connecticut General Statutes.

Optometrist means an optometrist licensed to provide optometry pursuant to Chapter 380 of the Connecticut General Statutes.

Paraprofessional means a health care aide or assistant or an instructional aide or assistant employed by the local or regional board of education who meets the requirements of such board of employment as a health care aide or assistant or instructional aide or assistant.

Physical therapist means a physical therapist employed full time by the local or regional board of education and licensed in Connecticut pursuant to Chapter 376 of the Connecticut General Statutes.

Physician means a doctor of medicine or osteopathy licensed to practice medicine in Connecticut pursuant to Chapter 370 of the Connecticut General Statutes, or licensed to practice medicine in another state.

Podiatrist means an individual licensed to practice podiatry in Connecticut pursuant to Chapter 375 of the Connecticut General Statutes.

Principal means the administrator in the school.

Research or study medications means FDA-approved medications being administered according to an approved study protocol.  A copy of the study protocol shall be provided to the school nurse along with the name of the medication to be administered and the acceptable range of dose of such medication to be administered.

School means any educational facility or program which is under the jurisdiction of the Board excluding extracurricular activities.

School nurse means a nurse appointed in accordance with Conn. Gen. Stat. Section 10-212.

School nurse supervisor means the nurse designated by the local or regional board of education as the supervisor or, if no designation has been made by the board, the lead or coordinating nurse assigned by the board.

School readiness program means a program that receives funds from the State Department of Education for a school readiness program pursuant to subsection (b) of Section 10-16p of the Connecticut General Statutes and exempt from licensure by the Office of Early Childhood pursuant to subdivision (1) of subsection (b) of Section 19a-77 of the Connecticut General Statutes.

Self-administration of medication means the control of the medication by the student at all times and is self-managed by the student according to the individual medication plan.

Teacher means a person employed full time by the Board who has met the minimum standards as established by the Board for performance as a teacher and has been approved by the school medical advisor and school nurse to be designated to administer medications pursuant to the Regulations of Connecticut State Agencies Sections 10-212a-1 through 10-212a-7.
 

B.    General Policies on Administration of Medications

1. Except as provided below in Section D, no medication, including non-prescription drugs, may be administered by any school personnel without:
   1. the written medication order of an authorized prescriber; 
   2. the written authorization of the student's parent or guardian or eligible student; and
   3. the written permission of a parent for the exchange of information between the prescriber and the school nurse necessary to ensure safe administration of such medication.
2. Prescribed medications shall be administered to and taken by only the person for whom the prescription has been written.
3. Except as provided in Section D, medications may be administered only by a licensed nurse or, in the absence of a licensed nurse, by:
   1. a full-time principal, a full-time teacher, or a full-time licensed physical or occupational therapist employed by the school district.  A full-time principal, teacher, licensed physical or occupational therapist employed by the school district may administer oral, topical, intranasal or inhalant medications.  Such individuals may administer injectable medications only to a student with a medically diagnosed allergic condition that may require prompt treatment to protect the student against serious harm or death.

   2. students with chronic medical conditions who are able to possess, self-administer, or possess and self-administer medication, provided all of the following conditions are met:

      1. an authorized prescriber provides a written medication order, including the recommendation for possession, self-administration, or possession and self-administration; 

      2. there is a written authorization for possession, self-administration, or possession and self-administration from the student's parent or guardian or eligible student; 

      3. the school nurse has developed a plan for possession, self-administration, or possession and self-administration, and general supervision, and has documented the plan in the student’s cumulative health record;

      4. the school nurse has assessed the student’s competency for self-administration and deemed it safe and appropriate, including that the student: is capable of identifying and selecting the appropriate medication by size, color, amount or other label identification; knows the frequency and time of day for which the medication is ordered; can identify the presenting symptoms that require medication; administers the medication appropriately; maintains safe control of the medication at all times; seeks adult supervision whenever warranted; and cooperates with the established medication plan;
      5. the principal, appropriate teachers, coaches and other appropriate school personnel are informed the student is possessing, self-administering, or possessing and self-administering prescribed medication; 
      6. such medication is transported to school and maintained under the student's control in accordance with this policy; and
      7. controlled drugs, as defined in this policy, may not be possessed or self-administered by students, except in extraordinary situations, such as international field trips, with approval of the school nurse supervisor and the school medical advisor in advance and development of an appropriate plan.
   3. a student diagnosed with asthma who is able to self-administer medication shall be permitted to retain possession of an asthmatic inhaler at all times while attending school, in order to provide for prompt treatment to protect such child against serious harm or death, provided all of the following conditions are met:
      1. authorized prescriber provides a written order requiring the possession of an inhaler by the student at all times in order to provide for prompt treatment in order to protect the child against serious harm or death and authorizing the student's self-administration of medication, and such written order is provided to the school nurse;

      2. there is a written authorization from the student's parent or guardian regarding the possession of an inhaler by the student at all times in order to protect the child against serious harm or death and authorizing the student’s self-administration of medication, and such written authorization is provided to the school nurse;

      3. the conditions set forth in subsection (b) above have been met, except that the school nurse’s review of a student’s competency to self-administer an inhaler for asthma in the school setting shall not be used to prevent a student from retaining and self-administering an inhaler for asthma.  Students may self-administer medication with only the written authorization of an authorized prescriber and written authorization from the student’s parent or guardian or eligible student; and
      4. the conditions for self-administration meet any regulations as may be imposed by the State Board of Education in consultation with the Commissioner of Public Health.
   4. a student diagnosed with an allergic condition who is able to self-administer medication shall be permitted to retain possession of a cartridge injector at all times while attending school, in order to provide for prompt treatment to protect such child against serious harm or death, provided all of the following conditions are met:
      1. an authorized prescriber provides a written order requiring the possession of a cartridge injector by the student at all times in order to provide for prompt treatment in order to protect the child against serious harm or death and authorizing the student’s possession, self-administration, or possession and self-administration of medication, and such written order is provided to the school nurse;  
      2. there is a written authorization from the student’s parent or guardian regarding the possession of a cartridge injector by the student at all times in order to protect the child against serious harm or death and authorizing the student’s possession, self-administration, or possession and self-administration of medication, and such written authorization is provided to the school nurse;
      3. the conditions set forth in subsection (b) above have been met, except that the school nurse’s review of a student’s competency to self-administer cartridge injectors for medically-diagnosed allergies in the school setting shall not be used to prevent a student from retaining and self-administering a cartridge injector for medically-diagnosed allergies.  Students may self-administer medication with only the written authorization of an authorized prescriber and written authorization from the student’s parent or guardian or eligible student; and
      4. the conditions for self-adminstration meet any regulations as may be imposed by the STate Board of Education in consultatioin with the Commissioner of Public Health
   5. a student with a medically diagnosed life-threatening allergic condition may possess, self-administer, or possess and self-administer medication, including but not limited to medication administered with a cartridge injector, to protect the student against serious harm or death, provided the following conditions are met:
      1. the parent or guardian of the student has provided written authorization for the student to possess, self-administer, or possess and self-administer such medication; and
      2. a qualified medical professional has provided a written order for the possession, self-administration, or possession and self-administration.
   6. a coach of intramural or interscholastic athletic events or licensed athletic trainer who has been trained in the administration of medication, during intramural or interscholastic athletic events, may administer inhalant medications prescribed to treat respiratory conditions and/or medication administered with a cartridge injector for students with medically diagnosed allergic conditions which may require prompt treatment to protect the student against serious harm or death, provided all of the following conditions are met:
      1. the school nurse has determined that a self-administration plan is not viable;
      2. the school nurse has provided to the coach a copy of the authorized prescriber’s order and parental permission form;
      3. the parent/guardian has provided the coach or licensed athletic trainer with the medication in accordance with Section K of this policy, and such medication is separate from the medication stored in the school health office for use during the school day; and
      4. the coach or licensed athletic trainer agrees to the administration of emergency medication and implements the emergency care plan, identified in Section H of this policy, when appropriate.
   7. an identified school paraprofessional who has been trained in the administration of medication, provided medication is administered only to a specific student in order to protect that student from harm or death due to a medically diagnosed allergic condition, except as provided in Section D below, and the following additional conditions are met:
      1. there is written authorization from the student's parents/guardian to administer the medication in school;
      2. medication is administered pursuant to the written order of (A) a physician licensed under chapter 370 of the Connecticut General Statutes, (B) an optometrist licensed to practice optometry under chapter 380 of the Connecticut General Statutes, (C) an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a of the Connecticut General Statutes, or (D) a physician assistant licensed to prescribe in accordance with section 20-12d of the Connecticut General Statutes;
      3. medication is administered only with approval by the school nurse and school medical advisor, if any, in conjunction with the school nurse supervisor and under the supervision of the school nurse;
      4. the medication to be administered is limited to medications necessary for prompt treatment of an allergic reaction, including, but not limited to, a cartridge injector; and
      5. the paraprofessional shall have received proper training and supervision from the school nurse in accordance with this policy and state regulations.
   8. a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the Board, coach or school paraprofessional, provided medication is antiepileptic medication, including by rectal syringe, administered only to a specific student with a medically diagnosed epileptic condition that requires prompt treatment in accordance with the student’s individual seizure action plan, and the following additional conditions are met:
      1. there is written authorization from the student’s parents/guardians to administer the medication;
      2. a written order for such administration has been received from the student’s physician licensed under Chapter 370 of the Connecticut General Statutes;
      3. the principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the Board, coach or school paraprofessional is selected by the school nurse and school medical advisor, if any, and voluntarily agrees to administer the medication;
      4. the principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the Board, coach or school paraprofessional annually completes the training program established by the Connecticut State Department of Education and the Association of School Nurses of Connecticut, and the school nurse and medical advisor, if any, have attested, in writing, that such training has been completed; and
      5. the principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the Board, coach or school paraprofessional receives monthly reviews by the school nurse to confirm competency to administer antiepileptic medication.
   9. a director of a school readiness program or a before or after school program, or the director’s designee, provided that the medication is administered:
      1. only to a child enrolled in such program; and
      2. in accordance with Section L of this policy.
   10. a licensed practical nurse, after the school nurse has established the medication plan, provided that the licensed practical nurse may not train or delegate the administration of medication to another individual, and provided that the licensed practical nurse can demonstrate one of the following:
       1. training in administration of medications as part of their basic nursing program;
       2. successful completion of a pharmacology course and subsequent supervised experience; or
       3. supervised experience in the administration of medication while employed in a health care facility.
       4. Medications may also be administered by a parent or guardian to his/her own child on school grounds.
       5. Investigational drugs or research or study medications may be administered only by a licensed nurse. For FDA-approved medications being administered according to a study protocol, a copy of the study protocol shall be provided to the school nurse along with the name of the medication to be administered and the acceptable range of dose of such medication to be administered.

C.    Diabetic Students

1. The Madison Board of Education (the “Board”) permits blood glucose testing by students who have a written order from a physician or an advanced practice registered nurse stating the need and capability of such student to conduct self-testing, or the use of continuous blood glucose monitors (CGM) by children diagnosed with Type 1 diabetes, who have a written order from a physician or an advanced practice registered nurse.
2. The Board will not restrict the time or location of blood glucose testing by a student with diabetes on school grounds who has written authorization from a parent or guardian and a written order from a physician or an advanced practice registered nurse stating that such child is capable of conducting self-testing on school grounds.
3. The Board will not require a student using a continuous glucose monitor approved by the Food and Drug Administration for use without finger stick verification to undergo finger stick verification of blood glucose readings from a continuous glucose monitor on a routine basis. Finger stick testing of a child using a continuous glucose monitor so approved by the Food and Drug Administration shall only be conducted: (1) as ordered by the student’s physician or advanced practice provider; (2) if it appears that the continuous glucose monitor is malfunctioning; or (3) in an urgent medical situation.
4. The Board shall purchase or use existing equipment owned by the Board to monitor blood glucose alerts transmitted from continuous glucose monitors of students with Type 1 diabetes to dedicated receivers, smartphone/tablet applications, or other appropriate technology on such equipment.
5. In the absence or unavailability of the school nurse, select school employees may administer medication with injectable equipment used to administer glucagon to a student with diabetes that may require prompt treatment in order to protect the student against serious harm or death, under the following conditions:
1. The student’s parent or guardian has provided written authorization;
2. A written order for such administration has been received from the student’s physician licensed under Chapter 370 of the Connecticut General Statutes;
3. The school employee is selected by either the school nurse or principal and is a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach or school paraprofessional;
4. The school nurse shall provide general supervision to the selected school employee;
5. The selected school employee annually completes any training required by the school nurse and school medical advisor in the administration of medication with injectable equipment used to administer glucagon;
6. The school nurse and school medical advisor have attested in writing that the selected school employee completed the required training; and
7. The selected school employee voluntarily agrees to serve as one who may administer medication with injectable equipment used to administer glucagon to a student with diabetes that may require prompt treatment in order to protect the student against serious harm or death.

D. Epinephrine for Purposes of Emergency First Aid Without Prior Authorization

1. For purposes of this Section D, “regular school hours” means the posted hours during which students are required to be in attendance at the individual school on any given day.
2. The school nurse shall maintain epinephrine in cartridge injectors for the purpose of emergency first aid to students who experience allergic reactions and do not have prior written authorization of a parent or guardian or a prior written order of a qualified medical professional for the administration of epinephrine.
   1. The school nurse, in consultation with the school nurse supervisor, shall determine the supply of epinephrine in cartridge injectors that shall be available in the individual school.
   2. In determining the appropriate supply of epinephrine in cartridge injectors, the nurse may consider, among other things, the number of students regularly in the school building during the regular school day and the size of the physical building.
3. The school nurse or school principal shall select principal(s), teacher(s), licensed athletic trainer(s), licensed physical or occupational therapist(s) employed by the Board, coach(es) and/or school paraprofessional(s) to maintain and administer the epinephrine in cartridge injectors for the purpose of emergency first aid as described in Paragraph (2) above, in the absence of the school nurse.
   1. More than one individual must be selected by the school nurse or school principal for such maintenance and administration in the absence of the school nurse.
   2. The selected personnel, before conducting such administration, must annually complete the training made available by the Department of Education for the administration of epinephrine in cartridge injectors for the purpose of emergency first aid.
   3. The selected personnel must voluntarily agree to complete the training and administer epinephrine in cartridge injectors for the purpose of emergency first aid.
4. Either the school nurse or, in the absence of the school nurse, at least one of the selected and trained personnel as described in Paragraph (3) above shall be on the grounds of each school during regular school hours.
   1. The school principal, in consultation with the school nurse supervisor, shall determine the level of nursing services and number of selected and trained personnel necessary to ensure that a nurse or selected and trained personnel is present on the grounds of each school during regular school hours.
   2. If the school nurse, or a substitute school nurse, is absent or must leave school grounds during regular school hours, the school nurse, school administrator or designee shall send an email to all staff indicating that the selected and trained personnel identified in Paragraph (3) above shall be responsible for the emergency administration of epinephrine.
5. The administration of epinephrine pursuant to this section must be done in accordance with this policy, including but not limited to the requirements for documentation and record keeping, errors in medication, emergency medical procedures, and the handling, storage and disposal of medication, and the Regulations adopted by the Department of Education.
6. The parent or guardian of any student may submit, in writing, to the school nurse or school medical advisor, if any, that epinephrine shall not be administered to such student pursuant to this section.
   1. The school nurse shall notify selected and trained personnel of the students whose parents or guardians have refused emergency administration of epinephrine.
   2. The Board shall annually notify parents or guardians of the need to provide such written notice.
7. Following the emergency administration of epinephrine by selected and trained personnel as identified in this section:
   1. Such emergency administration shall be reported immediately to:
      1. The school nurse or school medical advisor, if any, by the personnel who administered the epinephrine; and
      2. The student’s parent or guardian, by the school nurse or personnel who administered the epinephrine.
   2. A medication administration record shall be:
      1. Submitted to the school nurse by the personnel who administered the epinephrine as soon as possible, but no later than the next school day; and
      2. filed in or summarized on the student’s cumulative health record, in accordance with Section E of this policy.

Opioid Antagonists for Purposes of Emergency First Aid Without Prior Authorization 

1. For purposes of this Section E, “regular school hours” means the posted hours during which students are required to be in attendance at the individual school on any given day. “Regular school hours” does not include after-school events such as athletics or extracurricular activities that take place outside the posted hours.
2. For purposes of this section, an “opioid antagonist” means naloxone hydrochloride (e.g., Narcan) or any other similarly acting and equally safe drug that the FDA has approved for the treatment of a drug overdose.
3. In accordance with Connecticut law and this policy, a school nurse may maintain opioid antagonists for the purpose of administering emergency first aid to students who experience a known or suspected opioid overdose and do not have a prior written authorization of a parent or guardian or a prior written order of a qualified medical professional for the administration of such opioid antagonist.
1. The school nurse, in consultation with the Board’s medical advisor, shall determine the supply of opioid antagonists that shall be maintained in the individual school.
2. In determining the appropriate supply of opioid antagonists, the nurse may consider, among other things, the number of students regularly in the school building during the regular school day and the size of the physical building.
3. The school nurse shall be responsible for the safe storage of opioid antagonists maintained in a school and shall ensure any supply of opioid antagonists maintained is stored in a secure manner, in accordance with the manufacturer’s instructions, and in a location where it can be obtained in a timely manner if administration is necessary.
4. The school nurse shall be responsible for maintaining an inventory of opioid antagonists maintained in the school, tracking the date(s) of expiration of the supply of opioid antagonists maintained in a school, and, as appropriate, refreshing the supply of opioid antagonists maintained in the school.
4. The school nurse, in consultation with the Superintendent and the building principal, shall provide notice to parents and guardians of the Board’s policies and procedures regarding the emergency administration of opioid antagonists in the event of a known or suspected opioid overdose.
5. A school nurse shall be approved to administer opioid antagonists for the purpose of emergency first aid, as described in Paragraph (3) above, in the event of a known or suspected opioid overdose, in accordance with this policy and provided that such nurse has completed a training program in the distribution and administration of an opioid antagonist (1) developed by the State Department of Education, Department of Consumer Protection, and Department of Public Health, or (2) under a local agreement, entered into by the Board on July 1, 2022 or thereafter, with a prescriber or pharmacist for the administration of opioid antagonists for the purpose of emergency first aid, which training shall also address the Board’s opioid antagonist storage, handling, labeling, recalls, and record keeping.
6. The school nurse or school principal shall select principal(s), teacher(s), licensed athletic trainer(s), coach(es), school paraprofessional(s), and/or licensed physical or occupational therapist(s) employed by the Board to maintain and administer the opioid antagonists for the purpose of emergency first aid as described in Paragraph (3) above, in the absence of the school nurse.
1. More than one individual must be selected by the school nurse or school principal for such maintenance and administration in the absence of the school nurse.
2. The selected personnel, before administering an opioid antagonist pursuant to this section, must complete a training program in the distribution and administration of an opioid antagonist (1) developed by the State Department of Education, Department of Consumer Protection, and Department of Public Health, or (2) under a local agreement, entered into by the Board on July 1, 2022 or thereafter, with a prescriber or pharmacist for the administration of opioid antagonists for the purpose of emergency first aid, which training shall also address the Board’s opioid antagonist storage, handling, labeling, recalls, and record keeping.
3. All school personnel shall be notified of the identity of qualified school employees authorized to administer an opioid antagonist in the absence of the school nurse.
7. Either the school nurse or, in the absence of the school nurse, at least one of the selected and trained personnel as described in Paragraph (6) above, shall be on the grounds of each school during regular school hours.
1. The school principal, in consultation with the school nurse supervisor, shall determine the level of nursing services and number of selected and trained personnel necessary to ensure that a nurse or selected and trained personnel is present on the grounds of each school during regular school hours.
2. If the school nurse, or a substitute school nurse, is absent or must leave school grounds during regular school hours, the school nurse, school administrator or designee shall use an effective and reasonable means of communication to notify one or more qualified school employees and other staff in the school that the selected and trained personnel identified in Paragraph (6) above shall be responsible for the emergency administration of opioid antagonists.
3. If a Board employee becomes aware of a student experiencing a known or suspected opioid overdose on school grounds but outside of regular school hours and opioid antagonists and/or the school nurse or other qualified school employee is not available to administer opioid antagonists for the purpose of emergency first aid, the Board employee will call 9-1-1.
8. The administration of opioid antagonists pursuant to this policy must be effected in accordance with this policy and procedures regarding the acquisition, maintenance, and administration established by the Superintendent in consultation with the Board’s medical advisor.
9. The parent or guardian of any student may submit, in writing, to the school nurse or school medical advisor, if any, that opioid antagonists shall not be administered to such student pursuant to this section.
1. The school nurse shall notify selected and trained personnel of the students whose parents or guardians have refused emergency administration of opioid antagonists.
2. The Board shall annually notify parents or guardians of the need to provide such written notice of refusal.
10. Following the emergency administration of an opioid antagonist by a school nurse or selected and trained personnel as identified in this section:
1. Immediately following the emergency administration of an opioid antagonist by a school nurse or selected and trained personnel as identified in this section, the person administering the opioid antagonist must call 911.
2. Such emergency administration shall be reported immediately to:
1. The school nurse or school medical advisor, if any, by the personnel who administered the opioid antagonist;
2. The Superintendent of Schools; and
3. The student’s parent or guardian.
3. A medication administration record shall be:
1. Created by the school nurse or submitted to the school nurse by the personnel who administered the opioid antagonist, as soon as possible, but no later than the next school day; and
2. filed in or summarized on the student’s cumulative health record, in accordance with Section F of this policy.
11. In the event that any provisions of this Section E conflict with regulations adopted by the Connecticut State Department of Education concerning the use, storage and administration of opioid antagonists in schools, the Department’s regulations shall control.

F. Documentation and Record Keeping

1. Each school or before-and-after school program and school readiness program where medications are administered shall maintain an individual medication administration record for each student who receives medication during school or program hours. This record shall include the following information:
1. the name of the student;
2. the student’s state-assigned student identifier (SASID);
3. the name of the medication;
4. the dosage of the medication;
5. the route of the administration, (e.g., oral, topical, inhalant, etc.);
6. the frequency of administration;
7. the name of the authorized prescriber;
8. the dates for initiating and terminating the administration of medication, including extended-year programs;
9. the quantity received at school and verification by the adult delivering the medication of the quantity received;
10. the date the medication is to be reordered (if any);
11. any student allergies to food and/or medication(s);
12. the date and time of each administration or omission, including the reason for any omission;
13. the dose or amount of each medication administered;
14. the full written or electronic legal signature of the nurse or other authorized school personnel administering the medication; and
15. for controlled medications, a medication count which should be conducted and documented at least once a week and co-signed by the assigned nurse and a witness.
2. All records are either to be made in ink and shall not be altered, or recorded electronically in a record that cannot be altered.
3. Written orders of authorized prescribers, written authorizations of parent or guardian, the written parental permission for the exchange of information by the prescriber and school nurse to ensure safe administration of such medication, and the completed medication administration record for each student shall be filed in the student's cumulative health record or, for before-and-after school programs and school readiness programs, in the child’s program record.
4. Authorized prescribers may make verbal orders, including telephone orders, for a change in medication order. Such verbal orders may be received only by a school nurse and must be followed by a written order, which may be faxed, and must be received within three (3) school days.
5. Medication administration records will be made available to the Department of Education for review until destroyed pursuant to Section 11-8a and Section 10-212a(b) of the Connecticut General Statutes.
1. The completed medication administration record for non-controlled medications may, at the discretion of the school district, be destroyed in accordance with Section M8 of the Connecticut Record Retention Schedules for Municipalities, so long as it is superseded by a summary on the student health record.
2. The completed medication administration record for controlled medications shall be maintained in the same manner as the non-controlled medications. In addition, a separate medication administration record needs to be maintained in the school for three (3) years pursuant to Section 10-212a(b) of the Connecticut General Statutes.
6. Documentation of any administration of medication by a coach or licensed athletic trainer shall be completed on forms provided by the school and the following procedures shall be followed:
1. a medication administration record for each student shall be maintained in the athletic offices;
2. administration of a cartridge injector medication shall be reported to the school nurse at the earliest possible time, but no later than the next school day;
3. all instances of medication administration, except for the administration of cartridge injector medication, shall be reported to the school nurse at least monthly, or as frequently as required by the individual student plan; and
4. the administration of medication record must be submitted to the school nurse at the end of each sport season and filed in the student’s cumulative health record.

G. Errors in Medication Administration

1. Whenever any error in medication administration occurs, the following procedures shall apply:
1. The person making the error in medication administration shall immediately implement the medication emergency procedures in this Policy if necessary;
2. the person making the error in medication administration shall in all cases immediately notify the school nurse, principal, school nurse supervisor, and authorized prescriber. The person making the error, in conjunction with the principal, shall also immediately notify the parent or guardian, advising of the nature of the error and all steps taken or being taken to rectify the error, including contact with the authorized prescriber and/or any other medical action(s); and
3. the principal shall notify the Superintendent or the Superintendent's designee.
2. The school nurse, along with the person making the error, shall complete a report using the authorized medication error report form. The report shall include any corrective action taken.
3. Any error in the administration of medication shall be documented in the student's cumulative health record or, for before-and-after school programs and school readiness programs, in the child’s program record.
4. These same procedures shall apply to coaches and licensed athletic trainers during intramural and interscholastic events, except that if the school nurse is not available, a report must be submitted by the coach or licensed athletic trainer to the school nurse the next school day.

H. Medication Emergency Procedures

1. Whenever a student has a life-threatening reaction to administration of a medication, resolution of the reaction to protect the student's health and safety shall be the foremost priority. The school nurse and the authorized prescriber shall be notified immediately, or as soon as possible in light of any emergency medical care that must be given to the student.
2. Emergency medical care to resolve a medication emergency includes but is not limited to the following, as appropriate under the circumstances:
   1. use of the 911 emergency response system;
   2. application by properly trained and/or certified personnel of appropriate emergency medical care techniques, such as cardio-pulmonary resuscitation;
   3. administration of emergency medication in accordance with this policy;
   4. contact with a poison control center; and
   5. transporting the student to the nearest available emergency medical care facility that is capable of responding to a medication emergency.
3. As soon as possible, in light of the circumstances, the principal shall be notified of the medication emergency. The principal shall immediately thereafter contact the Superintendent or the Superintendent's designee, who shall thereafter notify the parent or guardian, advising of the existence and nature of the medication emergency and all steps taken or being taken to resolve the emergency and protect the health and safety of the student, including contact with the authorized prescriber and/or any other medical action(s) that are being or have been taken.

I. Supervision

1. The school nurse is responsible for general supervision of administration of medications in the school(s) to which that nurse is assigned.
2. The school nurse's duty of general supervision includes, but is not limited to, the following:
1. availability on a regularly scheduled basis to:
1. review orders or changes in orders and communicate these to personnel designated to give medication for appropriate follow-up;
2. set up a plan and schedule to ensure medications are given properly;
3. provide training to licensed nursing personnel, full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and interscholastic athletics, licensed athletic trainers and identified paraprofessionals designated in accordance with Section B(3)(g), above, which training shall pertain to the administration of medications to students, and assess the competency of these individuals to administer medication;
4. support and assist other licensed nursing personnel, full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics, licensed athletic trainers and identified paraprofessionals designated in accordance with Section B(3)(g), above, to prepare for and implement their responsibilities related to the administration of specific medications during school hours and during intramural and interscholastic athletics as provided by this policy;
5. provide appropriate follow-up to ensure the administration of medication plan results in desired student outcomes, including providing proper notification to appropriate employees or contractors regarding the contents of such medical plans; and
6. provide consultation by telephone or other means of telecommunications, which consultation may be provided by an authorized prescriber or other nurse in the absence of the school nurse.
2. In addition, the school nurse shall be responsible for:
1. implementing policies and procedures regarding the receipt, storage, and administration of medications;
2. reviewing, on a periodic basis, all documentation pertaining to the administration of medications for students;
3. performing observations of the competency of medication administration by full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(f), above, and identified paraprofessionals designated in accordance with Section B(3)(g), above, who have been newly trained to administer medications; and,
4. conducting periodic reviews, as needed, with licensed nursing personnel, full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(f), above, and identified paraprofessionals designated in accordance with Section B(3)(g), above, regarding the needs of any student receiving medication.

J. Training of School Personnel

1. Full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(f), above, and identified paraprofessionals designated in accordance with Section B(3)(g), above, who are designated to administer medications shall at least annually receive training in their safe administration, and only trained full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(f), above, and identified paraprofessionals designated in accordance with Section B(3)(g), above, shall be allowed to administer medications.
2. Training for full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(f), above, and identified paraprofessionals designated in accordance with Section B(3)(g), above, shall include, but is not necessarily limited to, the following:
   1. the general principles of safe administration of medication;
   2. the procedures for administration of medications, including the safe handling and storage of medications, and the required record-keeping; and
   3. specific information related to each student’s medication plan, including the name and generic name of the medication, indications for medication dosage, routes,time and frequency of administration, therapeutic effects of the medication, potential side effects, overdose or missed doses of the medication, and when to implement emergency interventions.
3. The principal(s), teacher(s), licensed athletic trainer(s), licensed physical or occupational therapist(s) employed by the Board, coach(es) and/or school paraprofessional(s) who administer epinephrine as emergency first aid, pursuant to Section D above, shall annually complete the training program developed by the Departments of Education and Public Health and training in cardiopulmonary resuscitation and first aid.
4. The principal(s), teacher(s), licensed athletic trainer(s), licensed physical or occupational therapist(s), coach(es) and/or school paraprofessional(s) who administer opioid antagonists as emergency first aid, pursuant to Section E above, shall annually complete a training program in the distribution and administration of an opioid antagonist (1) developed by the State Department of Education, Department of Consumer Protection, and Department of Public Health, or (2) under a local agreement, entered into by the Board on July 1, 2022 or thereafter, with a prescriber or pharmacist for the administration of opioid antagonists for the purpose of emergency first aid, which training shall also address the Board’s opioid antagonist storage, handling, labeling, recalls, and record keeping.
5. The Board shall maintain documentation of medication administration training as follows:
   1. dates of general and student-specific trainings;
   2. content of the trainings;
   3. individuals who have successfully completed general and student-specific administration of medication training for the current school year; and
   4. names and credentials of the nurse or school medical advisor, if any, trainer or trainers.
6. Licensed practical nurses may not conduct training in the administration of medication to another individual.
7. Bus Drivers
   1. Not later than June 30, 2019, the Board shall provide training to all of its school bus drivers, which training may be completed using an online module, on topics including, but not limited to, the following:
      1. the identification of the signs and symptoms of anaphylaxis;
      2. the administration of epinephrine by a cartridge injector;
      3. the notification of emergency personnel; and
      4. the reporting of an incident involving a student and a life-threatening allergic reaction.
   2. On and after July 1, 2019, the Board shall provide the training described in subsections J(6)(a), above as follows:
      1. In the case of a school bus driver who is employed by the Board, such training shall be provided to such school bus driver following the issuance or renewal of a public passenger endorsement to operate a school bus pursuant to Conn. Gen. Stat. 14-44(a), to such school bus driver; and
      2. In the case of a school bus driver who is not employed by the Board at the time when such endorsement is issued or renewed to such school bus driver, upon the hiring of such school bus driver by the Board, except the Board is not required to provide such training to any school bus driver who has previously received such training following the most recent issuance or renewal of such endorsement to such school bus driver.
      3. In the event that the Board employs school bus drivers, the Board will comply with all documentation and record-keeping requirements required by law.]

K. Handling, Storage and Disposal of Medications

1. All medications, except those approved for transporting by students for self-medication, those administered by coaches of intramural or interscholastic athletics or licensed athletic trainers in accordance with Section B(3)(f) above, and epinephrine or naloxone to be used for emergency first aid in accordance with Sections D and E above, must be delivered by the parent, guardian, or other responsible adult to the nurse assigned to the student's school or, in the absence of such nurse, the school principal who has been trained in the appropriate administration of medication. Medications administered by coaches of intramural or interscholastic athletics or licensed athletic trainers must be delivered by the parent or guardian directly to the coach or licensed athletic trainer in accordance with Section B(3)(f) above.
2. The nurse shall examine on-site any new medication, medication order and the required authorization to administer form, and, except for epinephrine and naloxone to be used as emergency first aid in accordance with Sections D and E above, shall develop a medication administration plan for the student before any medication is given to the student by any school personnel. No medication shall be stored at a school without a current written order from an authorized prescriber.
3. The school nurse shall review all medication refills with the medication order and parent authorization prior to the administration of medication, except for epinephrine and naloxone intended for emergency first aid in accordance with Sections D and E above.
4. Emergency Medications
   1. Except as otherwise determined by a student’s emergency care plan, emergency medications shall be stored in an unlocked, clearly labeled and readily accessible cabinet or container in the health room during school hours under the general supervision of the school nurse or, in the absence of the school nurse, the principal or the principal’s designee who has been trained in the administration of medication.
   2. Emergency medication shall be locked beyond the regular school day or program hours, except as otherwise determined by a student’s emergency care plan.
5. All medications, except those approved for keeping by students for self-medication, shall be kept in a designated and locked location used exclusively for the storage of medication. Controlled substances shall be stored separately from other drugs and substances in a separate, secure, substantially constructed, locked metal or wood cabinet.
6. Access to stored medications shall be limited to persons authorized to administer medications. Each school or before-and-after school program and school readiness program shall maintain a current list of such authorized persons.
7. All medications, prescription and non-prescription, shall be delivered and stored in their original containers and in such a manner that renders them safe and effective.
8. At least two sets of keys for the medication containers or cabinets shall be maintained for each school building or before-and-after school program and school readiness program. One set of keys shall be maintained under the direct control of the school nurse or nurses and an additional set shall be under the direct control of the principal and, if necessary, the program director or lead teacher who has been trained in the general principles of the administration of medication shall also have a set of keys.
9. Medications that must be refrigerated shall be stored in a refrigerator at no less than 36 degrees Fahrenheit and no more than 46 degrees Fahrenheit. The refrigerator must be located in the health office that is maintained for health services with limited access. Non-controlled medications may be stored directly on the refrigerator shelf with no further protection needed. Controlled medication shall be stored in a locked box that is affixed to the refrigerator shelf.
10. All unused, discontinued or obsolete medications shall be removed from storage areas and either returned to the parent or guardian or, if the medication cannot be returned to the parent or guardian, the medication shall be destroyed in collaboration with the school nurse:
    1. non-controlled drugs shall be destroyed in the presence of at least one witness;
    2. controlled drugs shall be destroyed in pursuant to Section 21a-262-3 of the Regulations of Connecticut State Agencies; and
    3. accidental destruction or loss of controlled drugs must be verified in the presence of a second person, including confirmation of the presence or absence of residue, and jointly documented on the student medication administration record and on a medication error form pursuant to Section 10-212a(b) of the Connecticut General Statutes. If no residue is present, notification must be made to the Department of Consumer Protection pursuant to Section 21a-262-3 of the Regulations of Connecticut State Agencies.
11. Medications to be administered by coaches of intramural or interscholastic athletic events or licensed athletic trainers shall be stored:
    1. in containers for the exclusive use of holding medications;
    2. in locations that preserve the integrity of the medication;
    3. under the general supervision of the coach or licensed athletic trainer trained in the administration of medication; and
    4. in a locked secured cabinet when not under the general supervision of the coach or licensed athletic trainer during intramural or interscholastic athletic events.
12. In no event shall a school store more than a three (3) month supply of a medication for a student.

L. School Readiness Programs and Before-and-After School Programs

1. As determined by the school medical advisor, if any, and school nurse supervisor, the following procedures shall apply to the administration of medication during school readiness programs and before-and-after school programs run by the Board, which are exempt from licensure by the Office of Early Childhood:
1. Administration of medication at these programs shall be provided only when it is medically necessary for participants to access the program and maintain their health status while attending the program.
2. Except as provided by Sections D and E above, no medication shall be administered in these programs without:
1. the written order of an authorized prescriber; and
2. the written authorization of a parent or guardian or an eligible student.
3. A school nurse shall provide consultation to the program director, lead teacher or school administrator who has been trained in the administration of medication regarding the safe administration of medication within these programs. The school medical advisor and school nurse supervisor shall determine whether, based on the population of the school readiness program and/or before-and-after school program, additional nursing services are required for these programs.
4. Only school nurses, directors or directors’ designees, lead teachers or school administrators who have been properly trained may administer medications to students as delegated by the school nurse or other registered nurse. Properly trained directors or directors’ designees, lead teachers or school administrators may administer oral, topical, intranasal or inhalant medications. Investigational drugs or research or study medications may not be administered in these programs.
5. Students attending these programs may be permitted to self-medicate only in accordance with the provisions of Section B(3) of this policy. In such a case, the school nurse must provide the program director, lead teacher or school administrator running the program with the medication order and parent permission for self-administration.
6. In the absence of the school nurse during program administration, the program director, lead teacher or school administrator is responsible for decision-making regarding medication administration.
7. Cartridge injector medications may be administered by a director, lead teacher or school administrator only to a student with a medically-diagnosed allergic condition which may require prompt treatment to protect the student against serious harm or death.
2. Local poison control center information shall be readily available at these programs.
3. Procedures for medication emergencies or medication errors, as outlined in this policy, must be followed, except that in the event of a medication error a report must be submitted by the program director, lead teacher or school administrator to the school nurse the next school day.
4. Training for directors or directors’ designees, lead teachers or school administrators in the administration of medication shall be provided in accordance with Section J of this policy.
5. All medications must be handled and stored in accordance with Section K of this policy. Where possible, a separate supply of medication shall be stored at the site of the before-and-after or school readiness program. In the event that it is not possible for the parent or guardian to provide a separate supply of medication, then a plan shall be in place to ensure the timely transfer of the medication from the school to the program and back on a daily basis.
6. Documentation of any administration of medication shall be completed on forms provided by the school and the following procedures shall be followed:
1. a medication administration record for each student shall be maintained by the program;
2. administration of a cartridge injector medication shall be reported to the school nurse at the earliest possible time, but no later than the next school day;
3. all instances of medication administration, except for the administration of cartridge injector medication, shall be reported to the school nurse at least monthly, or as frequently as required by the individual student plan; and
4. the administration of medication record must be submitted to the school nurse at the end of each school year and filed in the student’s cumulative health record.
7. The procedures for the administration of medication at school readiness programs and before-and-after school programs shall be reviewed annually by the school medical advisor, if any, and school nurse supervisor.

M. Review and Revision of Policy

In accordance with the provisions of Conn. Gen. Stat. Section 10-212a(a)(2) and Section 10-212a-2 of the Regulations of Connecticut State Agencies, the Board shall review this policy periodically, and at least biennially, with the advice and approval of the school medical advisor, if any, or other qualified licensed physician, and the school nurse supervisor.  Any proposed revisions to the policy must be made with the advice and approval of the school medical advisor, school nurse supervisor or other qualified licensed physician.  
 

Legal References:

Connecticut General Statutes:
    Section 10-206
    Section 10-212
    Section 10-212a
    Section 10-212c
    Section 10-220j
    Section 14-276b
    Section 19a-900
    Section 21a-240
    Section 52-557b

Regulations of Conn. State Agencies:
    Sections 10-212a-1 through 10-212a-10, inclusive

Memorandum of Decision, In Re:  Declaratory Ruling/Delegation by Licensed Nurses to Unlicensed Assistive Personnel, Connecticut State Board of Examiners for Nursing (April 5, 1995)    

Storage and Administration of Opioid Antagonists in Schools: Guidelines for Local and Regional Boards of Education, Connecticut State Department of Education (October 1, 2022)

Date Adopted:        October 11, 2022
Date of Revision: March 7, 2023

 
Form: Refusal to Permit Administration of Epinephrine for Emergency First Aid

#5120.3.3.2 Pediculosis (Head Lice)

The Madison Public Schools (the District) maintains procedures concerning pediculosis or head lice.  The regulations include identification and treatment procedures, and notification process. The regulations shall be regularly reviewed by the Coordinator of Health Services and School District Medical Advisor.

Date of Adoption:    April 2, 1996
Date of Revision:    November 3, 1998
Date of Revision:    April 6, 2004
Date of Revision:  March 1, 2011    
Date of Revision:     May 21, 2024    
 

5120.3.4 Management Plan and Guidelines for Students with Food Allergies, Glycogen Storage Disease and/or Diabetes

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The Madison Public Schools (the “district”) recognize that food allergies, glycogen storage disease and diabetes may be life threatening.  For this reason, the district is committed to developing strategies and practices to minimize the risk of accidental exposure to life threatening food allergens and to ensure prompt and effective medical response should a student suffer an allergic reaction while at school.  The district is also committed to appropriately managing and supporting students with glycogen storage disease and diabetes.  The district further recognizes the importance of collaborating with parents, adult students (defined as students age eighteen (18) and older) and appropriate medical staff in developing such practices and encourages strategies to enable the student to become increasingly proactive in the care and management of the student’s food allergy, glycogen storage disease or diabetes, as developmentally appropriate.  To this end, the district adopt the following guidelines related to the management of life threatening food allergies, glycogen storage disease, and diabetes for students enrolled in district schools.

I.    Identifying Students with Life-Threatening Food Allergies, Diabetes and/or Glycogen Storage Disease

Early identification of students with life-threatening food allergies, diabetes and/or glycogen storage disease (GSD) is important.  The district therefore encourages parents/guardians of students and adult students with life-threatening food allergies to notify the school of the allergy, providing as much medical documentation about the extent and nature of the food allergy as is known, as well as any known effective treatment for the allergy.  The district also encourages parents/guardians of students and adult students with GSD and diabetes to notify the school of the disease, providing as much medical documentation about the type of GSD or diabetes, nature of the disease, and current treatment of the student. 

Students with life-threatening food allergies and diabetes are virtually always students with disabilities and should be referred to a Section 504 team, which will make a final determination concerning the student’s eligibility for services under Section 504.  The Section 504 team may determine that the only services needed are in the student’s Individualized Health Care Plan (IHCP) and/or Emergency Care Plan (ECP); in that case, the IHCP and/or ECP will also serve as the student’s Section 504 plan.  The Section 504 team will also ensure that parents receive appropriate notice and are informed of their rights under Section 504, including their right to request an impartial hearing if they disagree with the provisions in the Section 504 plan.

Students with GSD and less severe food allergies should be referred to a Section 504 team if there is reason to believe that the student’s GSD or food allergy substantially limits a major life activity.  To determine whether a food allergy is severe enough to substantially limit a major life activity, the team should consider the impact on the student when the student has been exposed to the allergen and has not yet received treatment.

Major life activities include, but are not limited to:

1. Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working; and

2. The operation of a major bodily function, including functions of the immune system, special sense organs and skin; normal cell growth; and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions.  The operation of a major bodily function includes the operation of an individual organ within a body system. 

II.    Individualized Health Care Plans and Emergency Care Plans

1. If the district obtains medical documentation that a student has a life-threatening food allergy, GSD, or diabetes, the district shall develop an (IHCP) for the student.  Each IHCP should contain information relevant to the student’s participation in school activities. 

2. The IHCP shall be developed by a group of individuals, which shall include the parents, the adult student, if applicable, and appropriate school personnel.  Such personnel may include, but are not limited to, the school nurse, school or food service administrator(s), classroom teacher(s) and the student, if appropriate.  The school may also consult with the school’s medical advisor, as needed.

3. IHCPs are developed for students with special health needs or whose health needs require daily interventions.  The IHCP describes how to meet the student’s health and safety needs within the school environment and should address the student’s needs across school settings.  Information to be contained in an IHCP should include a description of the functional health issues (diagnoses); student objectives for promoting self-care and age appropriate independence; and the responsibilities of parents, school nurse and other school personnel.  The IHCP may also include strategies to minimize the allergic student’s risk for exposure.  For the student with life-threatening food allergies, GSD, or diabetes, the IHCP may include strategies designed to ameliorate risks associated with such disease and support the student’s participation in the classroom.  IHCPs for such students may include such considerations:
   1. classroom environment, including allergy free considerations, or allowing the student with GSD or diabetes to have food/dietary supplements when needed;
   2. cafeteria safety;
   3. participation in school nutrition programs;
   4. snacks, birthdays and other celebrations;
   5. alternatives to food rewards or incentives;
   6. hand-washing;
   7. location of emergency medication;
   8. who will provide emergency and routine care in school; including monitoring of continuous glucose monitor (CGM) alerts as may be appropriate, in school
   9. risk management during lunch and recess times;
   10. special events;
   11. field trips, fire drills and lockdowns;
   12. extracurricular activities;
   13. school transportation;
   14. the provision of food or dietary supplements by the school nurse, or any school employee approved by the school nurse;
   15. staff notification, including substitutes, and training; and
   16. transitions to new classrooms, grades and/or buildings.

4. The IHCP should be reviewed annually, or whenever there is a change in the student’s ECP, changes in self-monitoring and self-care abilities of the student, or following an emergency event requiring the administration of medication or the implementation of other emergency protocols.

5. For a student with a life-threatening food allergy, GSD, or diabetes, the IHCP shall not prohibit a parent or guardian, or a person designated by such parent or guardian, to provide food or dietary supplements to a student with a life threatening food allergy, GSD, or diabetes on school grounds during the school day.

6. In addition to the IHCP, the district shall also develop an ECP for each student identified as having a life-threatening food allergy.  The ECP is part of the IHCP and describes the specific directions about what to do in a medical emergency.  For the student with a life-threatening food allergy, the ECP should include the following information:

   1. The student’s name and other identifying information, such as date of birth, grade and photo;
   2. The student’s specific allergy;
   3. The student’s signs and symptoms of an allergic reaction;
   4. The medication, if any, or other treatment to be administered in the event of exposure;
   5. The location and storage of the medication;
   6. Who will administer the medication (including self-administration options, as appropriate);
   7. Other emergency procedures, such as calling 911, contacting the school nurse, and/or calling the parents or physician;
   8. Recommendations for what to do if the student continues to experience symptoms after the administration of medication; and
   9. Emergency contact information for the parents/family and medical provider.
7. In addition to the IHCP, the district shall also develop an ECP for each student identified as having GSD and/or diabetes. The ECP is part of the IHCP and describes the specific directions about what to do in a medical emergency. For the student with GSD or diabetes, the ECP should include the following information, as may be appropriate:
   1. The student’s name and other identifying information, such as date of birth, grade and photo;
   2. Information about the disease or disease specific information (i.e. type of GSD or diabetes);
   3. Whether the student uses a CGM, and how the CGM will be monitored in school;
   4. The student’s signs and symptoms of an adverse reaction (such as hypoglycemia);
   5. The medication, if any, or other treatment to be administered in the event of an adverse reaction or emergency (i.e. Glucagon or insulin)
   6. The location and storage of the medication;
   7. Who will administer the medication (including self-administration options, as appropriate);
   8. Other emergency procedures, such as calling 911, contacting the school nurse, and/or calling the parents or physician;
   9. Recommendations for what to do if the student continues to experience symptoms after the administration of medication; and
   10. Emergency contact information for the parents/family and medical provider.
8. In developing the ECP, the school nurse should obtain current medical documentation from the parents/family and the student’s health care provider, including the student’s emergency plan and proper medication orders. If needed, the school nurse or other appropriate school personnel, should obtain consent to consult directly with the student’s health care providers to clarify medical needs, emergency medical protocol and medication orders.
9. A student identified as having a life-threatening food allergy, GSD, or diabetes is entitled to an IHCP and an ECP, regardless of the student’s status as a student with a disability, as that term is understood under Section 504 of the Rehabilitation Act of 1973 (“Section 504”), or the Individuals with Disabilities Education Act (“IDEA”).
10. The district shall ensure that the information contained in the IHCP and ECP is distributed to any school personnel responsible for implementing any provisions of the IHCP and/or ECP, and that any procedures in the IHCP and/or ECP comply with the district’s policies and procedures regarding the administration of medications to students.
11. When making eligibility determinations under Section 504 and/or the IDEA, schools must consider the student’s needs on an individualized, case-by-case basis.

III. Training/Education

1. The district shall provide appropriate education and training for school personnel regarding the management of students with life-threatening food allergies, GSD and diabetes. Such training may include an overview of life-threatening food allergies, GSD and diabetes; prevention strategies; IHCPs and ECPs; monitoring of blood glucose alerts transmitted by the CGM of the student to a dedicated receiver, tablet/smartphone application, or other appropriate technology during the school day and during school-sponsored activities and food safety and sanitation. Training shall also include, as appropriate for each school (and depending on the specific needs of the individual students at the school), training in the administration of medication with cartridge injectors (i.e. epi-pens), and/or the specific preventative strategies to minimize the risk of exposure to life-threatening allergens and prevent adverse reactions in students with GSD and diabetes (such as the provision of food or dietary supplements for students). School personnel will be also be educated on how to recognize symptoms of allergic reactions and/or symptoms of low blood sugar, as seen with GSD and diabetes, and what to do in the event of an emergency. Staff training and education will be coordinated by the Coordinator of Health Services. Any such training regarding the administration of medication shall be done accordance with state law and Board policy.
2. Each school within the district shall also provide age-appropriate information to students about food allergies, GSD and diabetes, how to recognize symptoms of an allergic reaction and/or low blood sugar emergency and the importance of adhering to the school’s policies regarding food and/or snacks.

IV.    Prevention

Each school within the district will develop appropriate practices to minimize the risk of exposure to life-threatening allergens, as well as the risks associated with GSD and diabetes.  Practices that may be considered may include, but are not limited to:

1. Encouraging handwashing;
2. Discouraging students from swapping food at lunch or other snack/meal times;
3. Encouraging the use of non-food items as incentives, rewards or in connection with celebrations;
4. Training staff in recognizing symptoms of anaphylaxis and hypoglycemia; and
5. Planning for school emergencies, to include consideration of the need to access medication, food and/or dietary supplements.
    

V.    Communication

1. As described above, the school nurse shall be responsible for coordinating the communication among parents, a student’s individual health care provider and the school regarding a student’s life-threatening allergic condition, GSD and/or diabetes. School staff responsible for implementing a student’s IHCP will be notified of their responsibilities and provided with appropriate information as to how to minimize risk of exposure and/or alterations in blood sugar levels and how to respond in the event of such emergency.
2. Each school will ensure that there are appropriate communication systems available within each school (i.e. telephones, cell phones, walkie-talkies) and for off-site activities (i.e. field trips) to ensure that school personnel are able to effectively respond in case of emergency.
3. The district shall develop standard letters to be sent home to parents, whenever appropriate, to alert them to food restrictions within their student’s classroom or school.
4. All district staff are expected to follow district policy and/or federal and state law regarding the confidentiality of student information, including medical information about the student.
5. The district shall make the Management Plan and Guidelines for Students with Food Allergies, Glycogen Storage Disease and/or Diabetes available on the Board’s website or the website of each school under the Board's jurisdiction.
6. The district shall provide annual notice to parents and guardians regarding the Management Plan and Guidelines for Students with Food Allergies, Glycogen Storage Disease and/or Diabetes. Such notice shall be provided in conjunction with the annual written statement provided to parents and guardians regarding pesticide applications in the schools.

VI.    Monitoring the District’s Plan and Procedures

The district should conduct periodic assessments of its Management Plan and Guidelines for Students with Food Allergies, Glycogen Storage Disease and/or Diabetes. Such assessments should occur at least annually and after each emergency event involving the administration of medication to a student with a life-threatening food allergy, GSD or diabetes to determine the effectiveness of the process, why the incident occurred, what worked and what did not work.

The Superintendent shall annually attest to the Department of Education that the District is implementing the Management Plan and Guidelines for Students with Food Allergies, Glycogen Storage Disease and/or Diabetes
 

Legal References:
State Law/Regulations/Guidance:

    Conn. Gen. Stat. § 10-212a    Administration of Medications in Schools
    Conn. Gen. Stat. § 10-212c    Life-threatening food allergies and Glycogen Storage Disease:  Guidelines; district plans
    Conn. Gen. Stat. § 10-220i    Transportation of students carrying cartridge injectors
    Conn. Gen. Stat. § 10-231c    Pesticide applications at schools without an integrated pest management plan.
    Conn. Gen. Stat. § 19a-900    Use of cartridge injectors by staff members of before or after school program, day camp or day care facility.
    Conn. Gen. Stat. § 52-557b    “Good Samaritan law”. Immunity from liability for emergency, medical assistance, first aid or medication by injector.  School personnel not required to administer or render. Immunity from liability re automatic external defibrillators.
    Regs. Conn. State Agencies § 10-212a-1 through 10-212a-7 Administration of Medication by School Personnel
Guidelines for Managing Life-Threatening Food Allergies in Connecticut Schools (Includes Guidelines for Managing Glycogen Storage Disease), Connecticut State Department of Education (Updated 2012).

Federal Law:

    Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
    Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.
    The Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.

 

Date of Adoption:  October 1, 2002
Date of Revision:  March 22, 2016
Date of Revision:  November 12, 2019
Date of Revision: March 7, 2023
 

The Board of Education recognizes that animals can provide opportunities for valuable academic and social/emotional growth in school. Animals are part of our natural environment and can be used effectively as teaching aids, and the positive benefits of the human-animal bond are well established. The presence of animals in school must not interfere with the health and safety of the school community, however, and the humane and proper care and treatment of the animals must be assured. The following guidelines are adopted regarding all animals in school buildings or on school grounds.  

For policy on service animals, please refer to #6163.32, Service Animals.

• All requests to have animals in the classroom or on school property must be submitted to the Principal in writing. Included in the request should be a description of the activity, type of animal, educational objective/benefit, length of activity, and a plan for the care of the animal. The Principal has the discretion to permit or deny a request at any time.
• Students and staff with allergies or immunodeficiencies must receive special consideration before animals are brought into a school. Prior to any exposure to animals in school, the teacher and principal should be aware of any medical or emotional condition which could be exacerbated by exposure to those animals. Appropriate and reasonable accommodations will be accorded to protect the health and well-being of such individuals.
• Fur- and feather-bearing animals must have designated safe space.
• Parents/guardians must be notified in writing prior to any activity in which animals are directly involved with students. Passive animal displays, such as an aquarium or terrarium in a common area, are exceptions and do not require parental notification.
• Proper evidence of rabies immunization must be provided for any animal brought onto school grounds or into school buildings if the animal falls within the class of animals requiring the vaccine by state statute. Any domesticated mammal that is too young to be immunized for rabies will not be handled by students.
• Any animal brought to school must be appropriately contained by leash, cage or suitable carrier. No animals are allowed free range in any school facility. The Principal reserves the right to limit the presence of certain animals to exterior school grounds only.
• Animals are not allowed on school buses, with the exception of service animals (refer to Policy #6163.32 – Service Animals).
• No poisonous or venomous animals are allowed in school.
• If a student or staff member is injured by an animal, an allergic response is suspected, or an incident occurs which could otherwise have an adverse effect on physical or emotional health:
  • The animal shall be immediately isolated;
  • Appropriate medical care shall be provided to the injured party. The Principal and parents/guardians shall be notified as soon as possible; and
  • An incident report will be completed by the supervising teacher and submitted to the principal if the injury requires treatment outside the classroom.

Animals used in educational presentations

• No wild (non-domesticated) or protected animals will be purposely brought to school or grounds by anyone other than an authorized or licensed handler/unless under the control of an individual trained in the care and management of the animals and subject to the provided documents as detailed below:
  • Exhibitor’s license issued by the US Department of Agriculture (mammals only).
  • An official interstate health certificate signed by a veterinarian and dated no earlier than 60 days prior to entry into Connecticut (mammals only).
  • Permit from the DEP Wildlife Division authorizing the exhibitor to import or possess a wild bird, wild mammal, reptile, amphibian or invertebrate (where applicable).
  • List and description of the animals to be exhibited.
  • Exhibitor’s written statement that describes how the animals will be exhibited, securely confined when not on display, and prevented from having direct contact with people or being approached by the public. Direct contact between animals and students will only be permitted if such contact is an integral part of the program’s objectives and with prior written consent of the Principal and parents/guardians of students involved.
• Each teacher is responsible for the proper supervision and control of students under his/her direction whenever there is an exhibit or activity involving animals in school.

Animals in the classroom

• Teachers are responsible for being familiar with the requirements of and providing a plan of care for classroom animals which must include provisions for weekend, vacation and emergency closure care. Students shall not clean animal housing or come into contact with animal waste [without a signed parental/guardian waiver].
• Teachers are responsible for the control and handling of classroom animals to insure the safety of both animals and students. This includes providing adequate protective housing and establishing and supervising safe handling procedures.
• Teachers must emphasize hand-washing with soap and water by students (and staff) immediately after handling animals and prior to any further school or classroom activity. Eating/drinking will not be allowed during activities involving animals.

Animals will be allowed to be housed in the classroom only for a specified and appropriate educational purpose for the time necessary to achieve the educational goal.

Animals on Field Trips

• All requests to take field trips involving animals must be submitted to the Principal in writing. In determining whether to grant the request, the Principal shall be guided by the district policy on field trips and shall also take into consideration any known allergies among the students and the possible side effects of the planned exposure to animals.

Deceased Animals

• Non-living animals may be brought into the classroom for educational purposes such as artistic study or scientific observation or dissection. Care should be taken to observe strict hand-washing protocols or scientific procedures to prevent any contact with zoonotic diseases.

 

Restrictions

• Bats shall not be kept, as they are known carriers of the rabies virus.
• Parrots, parakeets and other psittacine birds may be carriers of human respiratory diseases and shall not be kept in schools unless they have been tested and certified as psittacosis-free.
• Red-eared turtles, also known as painted turtles, are known carriers of salmonella, and shall not be kept in a classroom unless the supplier provides written documentation that the turtle is salmonella-free. Many other reptiles also harbor salmonella bacteria and must be handled cautiously and only by the teacher.
• Raccoons, ferrets and skunks shall not be brought to school because they may inflict severe bites.
• Poisonous animals and insects are prohibited.
• Insects that sting or bite shall not be intentionally brought into the classroom.
• Plans must be made for the food, housing and general comfort of an animal before it is brought into the classroom.
• Animal housing must be kept in a clean, sanitary condition, free of odor. Waste shall be disposed of in a tied plastic bag.
• All animal bites, stings or scratches shall be reported immediately to the school nurse and Principal, and a local health authority should be consulted for advice. Teachers shall inform the parent/guardian of the injury and complete a student accident report form.

Legal Reference: Connecticut General Statutes

10-221 Boards of Education to prescribe rules, policies and procedures
46a-42 Mobility impaired person
46a-44 through 46a-64 Public accommodations and transportation, admittance to. (Access of guide and assistance dogs to modes of public transportation and in places of public accommodation)
Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C. 706(7)(b)
American Disability Act of 1989, 1990
28 C.F.R. Parts 35 & 36, “Nondiscrimination on the Basis of Disabilities in State and Local Government Services, Final Rule”

Policy adopted: January 3, 2012
Date of Revision:        December 4, 2018

5120.3.7 Sunscreen Application in School

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The Madison Board of Education (the “Board”) permits the application of sunscreen by students within the Madison Public Schools (the “District”), in accordance with State law.  Specifically, notwithstanding the provisions of Connecticut General Statutes § 10-212a and the Board’s policy and/or administrative regulations concerning the administration of medication in school, any student who is six (6) years of age or older may possess and self-apply an over-the-counter sunscreen product while in school prior to engaging in any outdoor activity.

For a student to apply sunscreen prior to engaging in any outdoor activity, the following elements must be met:

1. The student’s parent or guardian must sign the Board’s written authorization and submit the authorization to the school nurse; and
2. The student and the student’s parent or guardian, where applicable, must comply with any individual school procedures concerning the possession and self-application of sunscreen in school.

The Board authorizes the Superintendent or his/her designee to develop administrative regulations to implement this policy.

Legal References:

Conn. Gen. Stat. § 10-212a    Administration of medications in schools, at athletic events and to children in school readiness programs

 

Public Act 19-60, “An Act Allowing Students to Apply Sunscreen Prior to Engaging in Outdoor Activities”

Date Adopted:;November 12, 2019

Written Authorization for the 
Possession and Application of Sunscreen
in School

#5120.4.2.1 Suicide Prevention and Intervention

The Madison Board of Education recognizes that suicide is a complex issue and that schools are not mental health treatment centers.  School personnel may recognize a potentially suicidal youth and, in such cases, may make a preliminary determination of level of risk.   The Board directs school staff to refer students who come to their attention as being at risk of attempting suicide for professional assessment and treatment services outside of school. 

The Board of Education recognizes the need for youth suicide prevention procedures and will establish program(s) to assist staff to identify risk factors, intervention procedures, and procedures for referral to outside services.  Training will be provided for teachers and other school staff and students to provide awareness and assistance in this area. 

Any Board employee who has knowledge of a suicide threat, attempt or ideation must immediately report this information to the building principal or his/her designee who will, in turn, notify the appropriate school officials, the student's family and appropriate resource services.  Information concerning a student’s suicide attempt, threat or risk will be shared with others to the degree necessary to protect that students and others.

Legal Reference:  

Connecticut General Statutes
Connecticut General Statutes § 10-221(e)  

Date of Adoption:  May 6, 1996
Date of Revision:  February 8, 2006
Date of Revision:  November 29, 2022

Regulation #5120.4.2.1

#5120.4.2.5 Procedures for Reporting Child Sexual Abuse and Sexual Assault

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The Madison Board of Education (the “Board”) has adopted a uniform child sexual abuse and/or sexual assault response policy and reporting procedure in connection with the implementation of its sexual assault and abuse prevention and awareness program.  

I. Procedures for Reporting of Child Sexual Abuse and Sexual Assault

1.     Students, or any individuals, may make written or verbal reports of suspected child sexual abuse and/or sexual assault to any school employee. For purposes of this policy, a “child” shall be considered any student enrolled in the Board’s schools, except for those enrolled only in an adult education program who are over the age of eighteen (18).  The Safe School Climate Specialist or designee for the school in which the student is enrolled shall be notified of the report and shall cause such reports to be reviewed and actions taken consistent with this policy.
2. School employees who receive a report of child sexual assault and/or abuse and have reasonable cause to suspect or believe that a child has been sexually abused and/or assaulted shall report such suspicion to the appropriate authority in accordance with Board Policy #4119 pertaining to Reports of Suspected Abuse or Neglect of Children or Reports of Sexual Assault of Students by School Employees.

1. The Safe School Climate Specialist or designee for the school in which the student is enrolled shall be responsible for reviewing any reports of suspected child sexual abuse and/or sexual assault. In the event that the suspected child sexual abuse and/or sexual assault has not yet been reported to the appropriate authority in accordance with Board Policy Suspected Abuse or Neglect of Children or Reports of Sexual Assault of Students by School Employees, the Safe School Climate Specialist or designee shall promptly cause such a report to be made.
2. If/when such report alleges that a school employee, as defined by Conn. Gen. Stat § 53a-65, is the perpetrator of child sexual abuse and/or sexual assault, the Safe School Climate Specialist or designee shall immediately notify the Superintendent of Schools or designee, who shall immediately notify the child's parent or guardian that a report has been made to the appropriate authorities in accordance with Board Policy #4119 pertaining to Reports of Suspected Abuse or Neglect of Children or Reports of Sexual Assault of Students by School Employees. The notification requirement shall not apply if a parent or guardian is the individual suspected of perpetrating the child sexual abuse and/or sexual assault. If either a Department of Children and Families (“DCF”) investigation or a police investigation is pending pertaining to the report of suspected child sexual abuse and/or sexual assault, the Safe School Climate Specialist or designee shall obtain the permission of DCF and/or the police department conducting the investigation prior to informing the parents/guardians of the report.
3. The Safe School Climate Specialist or designee shall offer to meet with the student and the parents or guardians of the student about whom a report of suspected child sexual abuse and/or sexual assault has been made, in order to discuss the District’s support procedures, including but not limited to: 1) actions that child victims of sexual abuse and/or sexual assault and their families may take to obtain assistance, 2) intervention and counseling options for child victims of sexual abuse and/or assault, and 3) access to educational resources to enable child victims of sexual abuse and/or sexual assault to succeed in school.
4. In the event that the report of suspected child sexual abuse and/or sexual assault alleges that another student enrolled in the District is the perpetrator of the sexual abuse and/or sexual assault, the Safe School Climate Specialist or designee shall also take appropriate action to investigate or cause such a report to be investigated, and appropriate remedial actions taken, in accordance with Board Policy #4119 pertaining to Reports of Suspected Abuse or Neglect of Children or Reports of Sexual Assault of Students by School Employees, Board Policy #5131.911 pertaining to Bullying Prevention and Intervention, and Board Policy #5120.4.2.4, Title IX/Sex Discrimination and Sexual Harassment. In the event either a DCF investigation or a police investigation is pending pertaining to the report of suspected child sexual abuse and/or sexual assault, the Safe School Climate Specialist shall coordinate investigatory activities with DCF and/or the police in order to minimize the number of interviews of any child or student victim of sexual assault and share information with other persons authorized to conduct an investigation of child abuse or neglect, as appropriate and permitted by law.
5. The Safe School Climate Specialist or designee shall develop a student support plan for anyone who has been a victim of child sexual abuse and/or sexual assault. The report of suspected sexual abuse and/or assault need not be verified prior to the implementation of a support plan. The elements of the support plan shall be determined in the discretion of the Safe School Climate Specialist or designee, and shall be designed to support the student victim’s ability to access the school environment.

III. Support Strategies

1. Child sexual abuse and/or sexual assault can take many forms and can vary dramatically in the nature of the offense and the impact the behavior may have on the victim and other students. Accordingly, there is no one prescribed response to child sexual abuse and/or sexual assault.
2. The following sets forth possible interventions and supports which may be utilized to support individual student victims of child sexual abuse and/or sexual assault:
1. Referral to a school counselor, psychologist or other appropriate social or mental health service.
2. Encouragement of the student victim to seek help when feeling overwhelmed or anxious in the school environment.
3. Facilitated peer support groups.
4. Designation of a specific adult in the school setting for the student victim to seek out for assistance.
5. Periodic follow-up by the Safe School Climate Specialist and/or Title IX Coordinator with the victim of sexual abuse and/or assault.
3. The following sets forth possible interventions and supports that may be utilized systemically as prevention and intervention strategies pertaining to child sexual abuse and/or sexual assault:
1. School rules prohibiting sexual abuse and sexual assault and establishing appropriate consequences for those who engage in such acts.
2. School-wide training related to prevention and identification of, and response to, child sexual abuse and/or sexual assault.
3. Age-appropriate educational materials designed for children in grades kindergarten to twelve, inclusive, regarding child sexual abuse and sexual assault awareness and prevention that will include information pertaining to, and support for, disclosures of sexual abuse and sexual assault, including but not limited to:
1. the skills to recognize child sexual abuse and sexual assault, boundary violations and unwanted forms of touching and contact, and the ways offenders groom or desensitize victims; and
2. strategies to promote disclosure, reduce self-blame and mobilize bystanders.
4. Promotion of parent involvement in child sexual abuse and sexual assault prevention and awareness through individual or team participation in meetings, trainings and individual interventions.
5. Respectful and supportive responses to disclosures of child sexual abuse and/or sexual assault by students.
6. Use of peers to help ameliorate the plight of victims and include them in group activities.
7. Continuing awareness and involvement on the part of students, school employees and parents with regard to prevention and intervention strategies.

IV. Safe School Climate Specialists

The Safe School Climate Specialists for the District are:

• Dr. Elizabeth Battaglia, Principal Town Campus Learning Center,   203-245-6341
• Becky Frost, Principal Jeffrey Elementary School,  203-245-6460
• Kelly Spooner, Principal Ryerson Elementary School,   203-245-6440
• Frank Henderson, Principal Brown Intermediate School, 203-245-6400
• Kathryn Hart, Principal Polson Middle School, 203-245-6480
• Heather Persson, Daniel Hand High School, 203-245-6350

V.    Community Resources

The Board recognizes that prevention of child sexual abuse and sexual assault requires a community approach.  Supports for victims and families will include both school and community sources.  The national, state and local resources below may be accessed by families at any time, without the need to involve school personnel. 

A.    National Resources:

National Center for Missing & Exploited Children Resource Center
http://www.missingkids.com/Publications 
333 John Carlyle Street, Suite #125, Alexandria, Virginia 22314-5950
24-hour call center: 1-800-843-5678

The online resource center contains publications on child safety and abuse prevention, child sexual exploitation, and missing children.

National Children’s Advocacy Center
www.nationalcac.org   
210 Pratt Ave., Huntsville, Alabama 35801
Telephone: (256) 533-5437

National Child Traumatic Stress Network 
www.nctsn.org  
NCCTS — Duke University 
1121 West Chapel Hill Street Suite 201 
Durham, NC 27701 
Telephone: (919) 682-1552 

The National Child Traumatic Stress Network offers general information on childhood trauma, including information on child sexual abuse. 

National Sexual Violence Resource Center 
http://www.nsvrc.org/projects/multilingual-access/multilingual-access   
2101 N. Front Street
Governor’s Plaza North, Building #2
Harrisburg, PA 17110
Toll Free Telephone: 877-739-3895 

The resource center includes multilingual access.

Darkness to Light
http://www.d2l.org   
1064 Gardner Road, Suite 210
Charleston, SC 29407
National Helpline: (866) FOR-LIGHT
Administrative Office: (843) 965-5444

Darkness to Light is a grassroots national non-profit organization to educate adults to prevent, recognize and react responsibly to child sexual abuse.

B.    Statewide Resources:

Department of Children and Families
http://www.ct.gov/dcf
505 Hudson Street
Hartford, Connecticut 06106
Child Abuse and Neglect Careline: 1-800-842-2288
Telephone, Central Office: (860) 550-6300

DCF is the Connecticut agency responsible for protecting children who are abused or neglected.

FAQs About Reporting Suspected Abuse and Neglect are available at: http://www.ct.gov/dcf/cwp/view.asp?a=2534&Q=314388&dcfNav=| 
 

The Connecticut Alliance to End Sexual Violence
http://EndSexualViolenceCT.org/ 
96 Pitkin Street
East Hartford, CT 06108
24-hour toll-free hotline: 1-888-999-5545 English/1-888-568-8332 Espaňol
Telephone: (860) 282-9881 

The alliance is a statewide coalition of community-based sexual assault crisis service programs working to end sexual violence through victim assistance, public policy advocacy, and prevention education training.  Each member center provides free and confidential 24/7 hotline services in English and Spanish, individual crisis counseling, support groups, accompaniment and support in hospitals, police stations, and courts, referral information, and other services to anyone in need.

To find a Connecticut Alliance to End Sexual Violence member program please visit: http://endsexualviolencect.org/who-we-are/ 

Connecticut Children’s Alliance 
www.ctchildrensalliance.org 
75 Charter Oak Ave Suite 1-309 
Hartford, Connecticut 06106
Phone: (860) 610-6041 

CCA is a statewide coalition of Child Advocacy Centers and Multidisciplinary Teams.

Connecticut Network of Care
http://connecticut.networkofcare.org  

Connecticut Network of Care is an online information portal listing programs and support groups for sexual assault and abuse in Connecticut.

C.    Local Resources:

Domestic Violence Services of Greater New Haven
(24 Hour Hotline) 203-789-8104 or 1-888-774-2900
www.dvsgnh.com 

Sexual Assault Crisis Services of Greater New Haven
(24 Hour Hotline) 203-624-2273 or 1-888-999-5545
www.connsacs.org 
 
Madison Youth & Family Services
10 School Street, Madison
(203) 245-5645
www.madisonyouthservices.org 

Legal References:

Conn. Gen. Stat § 17a-101b  Report by mandated reporter. Notification of law enforcement agency when allegation of sexual abuse or serious physical abuse. Notification of person in charge of institution, facility or school when staff member suspected of abuse or neglect.

Conn. Gen. Stat § 17a-101q    State-wide sexual abuse and assault awareness and prevention program

Date of Adoption:  April 27, 2021

Prohibition of Sex Discrimination and Sexual Harassment

The Madison Board of Education (the “Board”) and Madison Public Schools (the “District”) do not discriminate on the basis of sex and prohibit sex discrimination in any education program or activity that the Board and/or District operate, as required by Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq. and its implementing regulations (“Title IX”), as it may be amended from time to time, Title VII of the Civil Rights Act of 1964 (“Title VII”), and Connecticut law.

Inquiries about Title IX may be referred to the District’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. The District’s Title IX Coordinator is:

Director of Special Education
10 Campus Drive
Madison, CT  06443
203-245-6341
battaglia.elizabeth@madisonps.org

The Superintendent of Schools shall develop and adopt grievance procedures that provide for the prompt and equitable resolution of complaints made (1) by students, employees, or other individuals who are participating or attempting to participate in the District’s education program or activity, or (2) by the Title IX Coordinator, alleging any action that would be prohibited by Title IX, Title VII, or Connecticut law (the “Administrative Regulations”). The Administrative Regulations are located hereafter.

Sex discrimination occurs when a person, because of the person’s sex, is denied participation in or the benefits of any education program or activity receiving federal financial assistance. This includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Sex discrimination includes sex-based harassment, as defined below. 

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is: 

1. Quid pro quo harassment, or where an employee, agent or other person authorized by the Board to provide an aid, benefit or services under its education program or activity explicitly or impliedly conditions the provision of an aid, benefit, or service of the Board on an individual’s participation in unwelcome sexual conduct; 
2. Hostile environment harassment, or unwelcome sex-based conduct that based on the totality of the circumstances, is (1) subjectively and objectively offensive and (2) so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the District’s education program or activity. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

a.    the degree to which the conduct affected the complainant’s ability to access the District’s education program or activity; 
b.    the type, frequency, and duration of the conduct; 
c.    the parties’ ages, roles within the District’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; 
d.    the location of the conduct and the context in which the conduct occurred; and 
e.    other sex-based harassment in the District’s education program or activity; or

 3.  A specific offense, as follows: 

a.    Sexual assault, meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation; 
b.    Dating violence, meaning violence committed by a person: (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship;
c.    Domestic violence, meaning felony or misdemeanor crimes committed by a person who: (i) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of Connecticut, or a person similarly situated to a spouse of the victim; (ii) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (iii) shares a child in common with the victim; or (iv) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of Connecticut; or
d.    Stalking, meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (i) fear for the person’s safety or the safety of others; or (ii) suffer substantial emotional distress. 

Reporting Sex Discrimination:

The following people have a right to make a complaint of sex discrimination, including a complaint of sex-based harassment, requesting that the District investigate and make a determination about alleged discrimination under Title IX:
1.    A “complainant,” which includes:

a.    a student of the District or employee of the Board who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
b.    a person other than a student of the District or employee of the Board who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in the Board’s education program or activity;

2.    A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; and

3.    The District’s Title IX Coordinator.

For clarity, a person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of Title IX.

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint: 

• Any student of the District or employee of the Board; or 
• Any person other than a student of the District or employee of the Board who was participating or attempting to participate in the Board’s education program or activity at the time of the alleged sex discrimination. 

To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, please contact the District’s Title IX Coordinator or an administrator. Any Board employee who has information about conduct that reasonably may constitute sex discrimination must as immediately as practicable notify the Title IX Coordinator. If the Title IX Coordinator is alleged to have engaged in sex discrimination, Board employees shall instead notify their building principal or the Superintendent of Schools, if the employee is not assigned to a school building. 
Individuals may also make a report of sex discrimination to the U.S. Department of Education: Office for Civil Rights, Boston Office, U.S. Department of Education, 9th Floor, 5 Post Office Square, Boston, MA 02109-3921 (Telephone (617) 289-0111) and/or to the Connecticut Commission on Human Rights and Opportunities, 450 Columbus Boulevard, Hartford, CT 06103-1835 (Telephone: 860-541-3400 or Connecticut Toll Free Number: 1-800-477-5737).

Legal References: 

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq.
Title IX of the Education Amendments of 1972, 34 C.F.R § 106.1, et seq.
Civil Rights Act of 1964, Title VII, 42 U.S.C. § 2000e-2(a)
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)
Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)
Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)
Equal Employment Opportunity Commission Policy Guidance on Current Issues of Sexual Harassment (N-915.050), March 19, 1990
Conn. Gen. Stat. § 10-15c - Discrimination in public schools prohibited. 
Conn. Gen. Stat. § 46a-54 - Commission powers Connecticut 
Conn. Gen. Stat. § 46a-60 - Discriminatory employment practices prohibited
Conn. Gen. Stat. § 46a-81c - Sexual orientation discrimination: Employment
Conn. Gen. Stat. § 10-153 - Discrimination on the basis of sex, gender identity or expression or marital status prohibited
Conn. Agencies Regs. §§ 46a-54-200 through § 46a-54-207
Brittell v. Department of Correction, 247 Conn. 148 (1998)
Fernandez v. Mac Motors, Inc., 205 Conn. App. 669 (2021)

Date of Adoption:   August 25, 2020
Date of Revision:    March 16, 2021
Date of Revision:    October 12, 2021

Date of Revision:    October 22, 2024

Regulation #5120.5

The Madison Board of Education (the “Board”) participates in the Connecticut Interscholastic Athletic Conference (“CIAC”).  In accordance with CIAC participation rules and the Board’s obligation under state and federal law, the Board prohibits the unauthorized use, sale, distribution or possession of controlled drugs, controlled substances, drug paraphernalia, performance enhancing substances, alcohol or tobacco during any school-sponsored athletic activity, whether occurring on or off school property.  It shall be the policy of the Board to take positive action through education, counseling, discipline, parental involvement, medical referral, and law enforcement referral, as appropriate, in the handling of incidents by student athletes involving the possession, distribution, sale or use of substances that affect behavior, including performance-enhancing substances.  This policy applies to all student athletes participating in school-sponsored athletics, whether or not such athletes are participating in CIAC controlled activities.

Definitions

1. Controlled Drugs: means those drugs which contain any quantity of a substance which has been designated as subject to the federal Controlled Substances Act, 21 U.S.C. § 801 et seq., or which has been designated as a depressant or stimulant drug pursuant to federal food and drug laws, or which has been designated by the Commissioner of Consumer Protection pursuant to Connecticut General Statutes Section 21a-243, as having a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and as having a tendency to promote abuse or psychological or physiological dependence, or both. Such controlled drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant drugs. Connecticut General Statutes Section 21a-240(8).
2. Controlled Substances: means a drug, substance or immediate precursor in schedules I to V, inclusive, of the Connecticut controlled substance scheduling regulations adopted pursuant to Connecticut General Statutes Sections 21a-243 and 21a-240(9).
3. Drug Paraphernalia: means any equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing or concealing, or injecting, ingesting, inhaling or otherwise introducing any controlled substance into the human body, including but not limited to all items specified in Connecticut General Statutes Section 21a-240(20)(A), such as "bongs," pipes, "roach clips," miniature cocaine spoons, cocaine vials, and any object or container used, intended or designed for use in storing, concealing, possessing, distributing or selling controlled substances. Connecticut General Statutes Section 21a-240(20)(A).
4. Performance Enhancing Substances: means any anabolic steroid, hormone or analogue, diuretic or other substance designed to enhance a student’s performance in athletic competition, except when used under the care and direction of a licensed medical professional and only then in the manner prescribed by the medical professional and/or manufacturer’s recommendations.
5. Tobacco: Tobacco and tobacco products include, but are not limited to cigarettes, cigars, snuff, bidis, smoking tobacco, smokeless tobacco, vapor product, nicotine delivering devices, chemicals, or devices that produce the same flavor or physical effect of nicotine substances; and any other tobacco or nicotine innovations.
6. Professional Communication: means any communication made privately and in confidence by a student to a professional employee of such student's school in the course of the professional employee's employment. Connecticut General Statutes Section 10-154a(a)(4).
7. Professional Employee: means a person employed by a school who (A) holds a certificate from the State Board of Education, (B) is a member of a faculty where certification is not required, (C) is an administration officer of a school, or (D) is a registered nurse or athletic trainer employed by or assigned to a school. Connecticut General Statutes Section 10-154a(a)(2).
8. Student Athlete: means any student participating in an extracurricular school-sponsored athletic activity, whether interscholastic or intramural, including but not limited to student athletes who are participating in CIAC controlled activities.

Procedures

1. Discretionary Nature of Student Athletics
   The Board sponsors athletic programs as part of its extracurricular program. The opportunity to participate in extracurricular activities such as student athletics is a privilege, not a right. The Board may remove students from participation in athletics activities in its discretion.
    
2. Emergencies
   If an emergency situation results from the use of drugs, performance enhancing substances or alcohol, the student athlete shall be sent to the school nurse or medical advisor immediately, or emergency medical personnel will be notified. The parent or designated responsible person will also be notified as soon as possible.
    
3. Prescribed Medications
   The parent or guardian of any student athlete who is required to take any prescribed medication during student athletic activities shall so inform the school nurse or the person designated to act in the absence of a nurse. Such prescribed medication will then be administered to the student athlete under the supervision of the school nurse or designee in accordance with Connecticut General Statutes Section 10-212a and the applicable regulations and in accordance with any Board policies and regulations concerning medication administration, except as provided below.
   
   Student athletes taking improper amounts of a prescribed medication, or taking a prescribed medication without proper notification and supervision of the school nurse or designee, will be subject to the procedures for improper drug or alcohol use outlined in this policy.
   
   Student athletes with a documented medical history demonstrating the need for regular use of performance enhancing substances for therapeutic purposes shall not be considered to be in violation of this policy when such substances are properly prescribed and taken by the student athlete in accordance with Connecticut General Statutes Section 10-212a and the applicable regulations and in accordance with any Board policies and regulations concerning medication administration.
   
   Student athletes with a documented medical history demonstrating the need for regular, palliative use of marijuana shall not be considered to be in violation of this policy when such substance is properly prescribed and taken by the student athlete in accordance with Connecticut General Statutes Sections 21a-408a through 408q. Under no circumstances shall the school nurse or designee administer to the student, or permit the palliative use of marijuana by the student, on a school bus, school grounds or property, in public places or in the presence of persons under the age of eighteen.
    
4. Voluntary Disclosure of Drug/Alcohol Problem (Self-Referral)
   The following procedures will be followed when a student athlete privately, and in confidence, discloses to a professional employee in a professional communication information concerning the student's use, possession, distribution or sale of a controlled drug, controlled substance or alcohol.
   1. Professional employees are permitted, in their professional judgment, to disclose any information acquired through a professional communication with a student, when such information concerns alcohol or drug abuse or any alcohol or drug problem of such student athlete. In no event, however, will they be required to do so. Connecticut General Statutes Section 10-154a(b).
   2. Any physical evidence obtained from such student athlete through a professional communication indicating that a crime has been or is being committed by the student athlete must be turned over to school administrators or law enforcement officials as soon as possible, but no later than two calendar days after receipt of such physical evidence, excluding Saturdays, Sundays and holidays. Employees are encouraged to contact the school administrator immediately upon obtaining physical evidence. In no case, however, will such employee be required to disclose the name of the student athlete from whom the evidence was obtained. Connecticut General Statutes Section 10-154a(b).
   3. Any professional employee who has received a professional communication from a student athlete may obtain advice and information concerning appropriate resources and refer the student athlete accordingly, subject to the rights of the professional employee as described in paragraph (a) above.
   4. If a student athlete consents to disclosure of a professional communication concerning the student athlete's alcohol or drug problem, or if the professional employee deems disclosure to be appropriate, the professional employee should report the student athlete's name and problem to the school's building administrator or designee who shall refer the student athlete to appropriate school staff members for intervention and counseling.
       
5. Involuntary Disclosure or Discovery of Drug/Alcohol Problems
   When any school staff member, or a coach or volunteer responsible for or involved in student athletic programs, obtains information related to a student athlete from a source other than the student athlete's confidential disclosure, that the student athlete, on or off school grounds or at a school-sponsored activity, is unlawfully under the influence of, or unlawfully possesses, uses, dispenses, distributes, administers, sells or aids in the procurement of a controlled drug, controlled substance, drug paraphernalia, performance enhancing substances or alcohol, that information is considered to be involuntarily disclosed. In this event, the following procedures will apply.
   1. The staff member, coach or volunteer will immediately report the information to the building administrator or designee. The building administrator or designee will then refer the student athlete to appropriate school staff members for intervention and counseling.
   2. Any physical evidence (for example, alcohol, drugs, drug paraphernalia or performance enhancing substances) obtained from a student athlete indicating that a crime has been or is being committed by the student athlete must be turned over to the building administrator or designee or to law enforcement officials as soon as possible, but no later than within two calendar days after receipt of such physical evidence, excluding Saturdays, Sundays and holidays. Connecticut General Statutes Section 10-154a(b). The name of the student athlete must be disclosed to the building administrator or designee.
   3. Search and Seizure of Students and/or Possessions: A staff member, coach or volunteer who reasonably suspects that a student athlete is violating a state/federal law, school substance abuse policy or this chemical health policy must immediately report such suspicion to the building administrator or designee. The building administrator or designee may then search a student athlete's person or possessions connected to that person, in accordance with the Board's policies and regulations if such employee has reasonable suspicion from the inception of the search that the student athlete has violated or is violating either the law, a school substance abuse policy, or this chemical health policy.
      
      Any physical evidence obtained in the search of a student athlete, or a student athlete's possessions, indicating that the student athlete is violating or has violated a state or federal law must be turned over to law enforcement officials as soon as possible, but not later than within three calendar days after receipt of such physical evidence, excluding Saturdays, Sundays and holidays. Connecticut General Statutes Section 10-154a(c). All school employees are encouraged to contact the school administration immediately upon obtaining physical evidence.
       
6. Consequences for the Use, Sale, Distribution or Possession of Controlled Drugs, Controlled Substances, Drug Paraphernalia, Performance Enhancing Substances or Alcohol.
   1. Any student athlete in the Madison Public Schools using, consuming, possessing, being under the influence of, manufacturing, distributing, selling or aiding in the procurement of controlled drugs, controlled substances, drug paraphernalia, performance enhancing substances or alcohol, either on or off school property, or at a school-sponsored activity, except as such use or possession is in accordance with Connecticut General Statutes Sections 21a-408a through 408q, is subject to discipline up to and including expulsion pursuant to the Board's student discipline policy. On and after January 1, 2022, a student shall not face greater discipline, punishment or sanction for the use, sale, or possession of cannabis on school property than a student would face for the use, sale, or possession of alcohol on school property, except as otherwise required by applicable law.
   2. Student athletes found to be in violation this policy may be referred by the building administrator to an appropriate agency licensed to assess and treat drug and alcohol involved individuals. In such event, assessment and treatment costs will be the responsibility of the parent or guardian.
   3. A meeting may be scheduled with appropriate school staff members for the purpose of discussing the school's drug and alcohol policy and this chemical health policy with the student athlete and parent or guardian.
   4. Law enforcement officials may be contacted by the building administrator in the case of suspected involvement in the use, sale or distribution of controlled drugs, controlled substances, drug paraphernalia, performance enhancing substances or alcohol.
   5. A student athlete found by the administration to have violated this policy may, in the discretion of school administrators, be suspended from play for short or long term periods, or may have student athletic participation privileges revoked.
   6. A student athlete found by the administration to have used performance enhancing substances shall receive a minimum penalty of revocation of athletic participation privileges for one hundred eighty (180) days. The Board shall report the violation to the CIAC.
   7. The Board recognizes that the CIAC may impose additional sanctions on student athletes participating in CIAC controlled activities who are found to have violated this policy.
       
7. Prohibition on the Promotion or Dispensing of Performance Enhancing Substances by School Staff Members, Coaches or Volunteers.
   1. No school staff member, coach or volunteer responsible for or involved in student athletic programs shall dispense any drug, medication (prescription or non-prescription), or food supplement to any student athlete except under the supervision of the school nurse or designee in accordance with Connecticut General Statutes Section 10-212a and the applicable regulations, and in accordance with any Board policies and regulations concerning medication administration.
   2. No school staff member, coach or volunteer responsible for or involved in student athletic programs shall encourage the use of any drug, medication (prescription or non-prescription), or food supplement in a manner not described by the manufacturer.
   3. No school staff member, coach or volunteer responsible for or involved in student athletic programs shall supply, recommend, or knowingly permit student athletes to use any drug, medication (prescription or non-prescription), or food supplement for the specific purpose of enhancing their athletic performance.
   4. A school staff member, or coach responsible for or involved in student athletic programs, who violates the terms of this policy shall be subject to discipline, up to and including termination of employment. The Board may also report violations of this policy by employees to parents of student athletes and/or state and local authorities.
   5. The Board shall immediately terminate a volunteer responsible for or involved in student athletic programs who violates the terms of this policy. The Board may also report violations of this policy by volunteers to parents of student athletes and/or state and local authorities.
       
8. Publication of Chemical Health Policy to School Staff Members, Coaches, Volunteers and Student Athletes.
   1. The Board shall publish this chemical health policy to all school staff members, coaches and volunteers responsible for or involved in student athletic programs.
   2. The Board shall publish this chemical health policy to all student athletes and their parents/guardians.

Legal References:
    Connecticut General Statutes:

June Special Session, Public Act No. 21-1, An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis        

        Section 10-154a
        Section 10-212a
        Section 10-221
        Section 21a-240
        Section 21a-243
        Sections 21a-408a through 408q

2021-2022 CIAC Handbook, Section 4.12.E (Chemical Health Policy and Regulations), available at https://www.casciac.org/pdfs/ciachandbook_2122.pdf

Date of Adoption:    April 5, 2022

The class rank, or decile, for a student will not be officially reported on the student’s academic transcript. Daniel Hand High School will calculate rank for the purpose of determining which students are eligible for Senior Honors and for some scholarships and awards. Rank in class is based upon the quality of work rather than on the quantity of credits. Rank in class is calculated by ranking each student's weighted grade point average as described in the Student Handbook. All English, science, social studies, mathematics, and world language courses as well as all other leveled courses will be included in rank in class calculations.

FINAL RANK IN CLASS

Final Rank in Class applies to students completing their high school course of studies at Daniel Hand High School without interruption. Final Rank in Class is based on nine trimesters of study and is calculated by ranking each student’s weighted grade point average as described in the Student Handbook.

SENIOR HONORS

Senior Honors Rank is based upon six trimesters plus the first and second trimesters of the student’s senior year. In order to qualify for Senior Honors, a student must complete a minimum of eight trimesters at Daniel Hand High School including his / her junior and senior years. An official Senior Honors Rank will be provided to candidates during the third trimester of their senior year.

Senior Honors are defined as the top ten ranking positions in the class for honors recognition and shall include the class valedictorian, salutatorian, class essayist, and senior scholars. If Daniel Hand High School has more than one student qualifying for top honors, the students tying for valedictorian honors will be named covaledictorians. The next recipient will be named salutatorian followed by the class essayist.

RANK IN CLASS – TRANSFER STUDENTS

For transfer students, course work completed at a previous school(s) (two semesters maximum) will be interpreted by the students’ Guidance Counselor and included with their courses in grades 10-12 at Daniel Hand High School to provide these students with a rank, if needed. Transfer students must meet the criteria above for Senior Honors to be considered for Senior Honors.

If a situation exists which is not covered by this policy, it will be reviewed on a case by case basis by the Guidance Department and the building principal.

Date of Adoption: 5/15/90
Date of Revision: 8/15/2013
Date of Revision: 11/4/2014

#5131.911 Bullying Prevention and Intervention

The Madison Board of Education (the “Board”) is committed to creating and maintaining an educational environment that is physically, emotionally and intellectually safe and thus free from bullying, teen dating violence, harassment and discrimination.  In accordance with state law and the Board’s Safe School Climate Plan, the Board expressly prohibits any form of bullying behavior on school grounds; at a school-sponsored or school-related activity, function or program, whether on or off school grounds; at a school bus stop; on a school bus or other vehicle owned, leased or used by a local or regional board of education; or through the use of an electronic device or an electronic mobile device owned, leased or used by the Board.

The Board also prohibits any form of bullying behavior outside of the school setting if such bullying (i) creates a hostile environment at school for the student against whom such bullying was directed, (ii) infringes on the rights of the student against whom such bullying was directed at school, or (iii) substantially disrupts the education process or the orderly operation of a school.  Discrimination and/or retaliation against an individual who reports or assists in the investigation of an act of bullying is likewise prohibited.

Students who engage in bullying behavior or teen dating violence shall be subject to school discipline, up to and including expulsion, in accordance with the Board's policies on student discipline, suspension and expulsion, and consistent with state and federal law.  

For purposes of this policy, “Bullying” means an act that is direct or indirect and severe, persistent or pervasive, which: 

1. caused physical or emotional harm to an individual; 
2. placed an individual in reasonable fear of physical or emotional harm; or 
3. infringes on the rights or opportunities of an individual at school.

Bullying shall include, but need not be limited to, a written,  oral or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristics, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics.

For purposes of this policy, "Cyberbullying" means any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.

For purposes of this policy, “Teen Dating Violence” means any act of physical, emotional or sexual abuse, including stalking, harassing and threatening, that occurs between two students who are currently in or who have recently been in a dating relationship.

Consistent with the requirements under state law, the Board authorizes the Superintendent or designee(s), along with the Safe School Climate Coordinator, to be responsible for developing and implementing a Safe School Climate Plan in furtherance of this policy.  As provided by state law, such Safe School Climate Plan shall include, but not be limited to provisions which:  

1. enable students to anonymously report acts of bullying to school employees and require students and the parents or guardians of students to be notified at the beginning of each school year of the process by which students may make such reports;
2. enable the parents or guardians of students to file written reports of suspected bullying;
3. require school employees who witness acts of bullying or receive reports of bullying to orally notify the safe school climate specialist, or another school administrator if the safe school climate specialist is unavailable, not later than one school day after such school employee witnesses or receives a report of bullying, and to file a written report not later than two school days after making such oral report;
4. require the safe school climate specialist to investigate or supervise the investigation of all reports of bullying and ensure that such investigation is completed promptly after receipt of any written reports made under this section and that the parents or guardians of the student alleged to have committed an act or acts of bullying and the parents or guardians of the student against whom such alleged act or acts were directed receive prompt notice that such investigation has commenced;
5. require the safe school climate specialist to review any anonymous reports, except that no disciplinary action shall be taken solely on the basis of an anonymous report;
6. include a prevention and intervention strategy for school employees to deal with bullying and teen dating violence;
7. provide for the inclusion of language in student codes of conduct concerning bullying;
8. require each school to notify the parents or guardians of students who commit any verified acts of bullying and the parents or guardians of students against whom such acts were directed not later than forty-eight hours after the completion of the investigation described in subdivision (4), above; (A) of the results of such investigation, and (B) verbally or by electronic mail, if such parents’ or guardians’ electronic mail addresses are known, that such parents or guardians may refer to the plain language explanation of the rights and remedies available under Conn. Gen. Stat. Section 10-4a and 10-4b published on the Internet website of the Board;
9. require each school to invite the parents or guardians of a student against whom such act was directed to a meeting to communicate to such parents or guardians the measures being taken by the school to ensure the safety of the student against whom such act was directed and policies and procedures in place to prevent further acts of bullying;
10. require each school to invite the parents or guardians of a student who commits any verified act of bullying to a meeting, separate and distinct from the meeting required in subdivision (9) above, to discuss specific interventions undertaken by the school to prevent further acts of bullying;
11. establish a procedure for each school to document and maintain records relating to reports and investigations of bullying in such school and to maintain a list of the number of verified acts of bullying in such school and make such list available for public inspection, and annually report such number to the Department of Education and in such manner as prescribed by the Commissioner of Education;
12. direct the development of case-by-case interventions for addressing repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual that may include both counseling and discipline;
13. prohibit discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying;
14. direct the development of student safety support plans for students against whom an act of bullying was directed that address safety measures the school will take to protect such students against further acts of bullying;
15. require the principal of a school, or the principal's designee, to notify the appropriate local law enforcement agency when such principal, or the principal's designee, believes that any acts of bullying constitute criminal conduct;
16. prohibit bullying (A) on school grounds, at a school-sponsored or school-related activity, function or program whether on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased or used by a local or regional board of education, or through the use of an electronic device or an electronic mobile device owned, leased or used by the Board, and (B) outside of the school setting if such bullying (i) creates a hostile environment at school for the student against whom such bullying was directed, or (ii) infringes on the rights of the student against whom such bullying was directed at school, or (iii) substantially disrupts the education process or the orderly operation of a school;
17. require, at the beginning of each school year, each school to provide all school employees with a written or electronic copy of the school district's safe school climate plan;  
18. require that all school employees annually complete the training described in Conn. Gen. Stat. §§ 10-220a or 10-222j related to the identification, prevention and response to bullying.

The notification required pursuant to subdivision (8) (above) and the invitation required pursuant to subdivisions (9) and (10) (above) shall include a description of the response of school employees to such acts and any consequences that may result from the commission of further acts of bullying.  Any information provided under this policy or accompanying Safe School Climate Plan shall be provided in accordance with the confidentiality restrictions imposed under the Family Educational Rights Privacy Act ("FERPA") and the district's Confidentiality and Access to Student Information policy and regulations. 

The Board shall submit its Safe School Climate Plan to the State Department of Education for review and approval.  Not later than thirty (30) calendar days after approval by the Department, the Board shall make such plan available on the Board's and each individual school in the school district's web site and ensure that the Safe School Climate Plan is included in the school district's publication of the rules, procedures and standards of conduct for schools and in all student handbooks.

As required by state law, the Board, after consultation with the Connecticut Department of Education and the Connecticut Social and Emotional Learning and School Climate Advisory Collaborative, shall provide on the Board’s website training materials to school administrators regarding the prevention of and intervention in discrimination against and targeted harassment of students based on such students’ (1) actual or perceived differentiating characteristics, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance or mental, physical, developmental or sensory disability, or (2) association with individuals or groups who have or are perceived to have one or more of such characteristics. 

As required by state law, the Board shall post on its website the plain language explanation of rights and remedies under Connecticut General Statutes §§ 10-4a and 10-4b, as developed and provided to the Board by the Connecticut Social and Emotional Learning and School Climate Advisory Collaborative.

Legal References:
Public Act 19-166
Public Act 21-95
Conn. Gen. Stat. § 10-145a
Conn. Gen. Stat. § 10-145o
Conn. Gen. Stat. § 10-220a
Conn. Gen. Stat. § 10-222d
Conn. Gen. Stat. § 10-222g
Conn. Gen. Stat. § 10-222h
Conn. Gen. Stat. § 10-222j
Conn. Gen. Stat. § 10-222k
Conn. Gen. Stat. § 10-222l
Conn. Gen. Stat. § 10-222q
Conn. Gen. Stat. § 10-222r
Conn. Gen. Stat. §§ 10-233a through 10-233f

Date of Adoption: April 6, 2021
Date Revised: April 5, 2022

#5131.914 Safe School Climate Policy

The Madison Board of Education (the “Board”) is committed to creating and maintaining a physically, emotionally, and intellectually safe educational environment free from bullying, teen dating violence, harassment and discrimination. In order to foster an atmosphere conducive to learning, the Board has developed the following Safe School Climate Plan, consistent with state law and Board policy. This Plan represents a comprehensive approach to addressing bullying, cyberbullying and teen dating violence and sets forth the Board’s expectations for creating a positive school climate and thus preventing, intervening, and responding to incidents of bullying and teen dating violence.

Bullying behavior and teen dating violence are strictly prohibited, and students who are determined to have engaged in such behavior are subject to disciplinary action, which may include suspension or expulsion from school. The district’s commitment to addressing bullying behavior and teen dating violence, however, involves a multi-faceted approach, which includes education and the promotion of a positive school climate in which bullying will not be tolerated by students or school staff.

I. Prohibition Against Bullying, Teen Dating Violence and Retaliation

1. The Board expressly prohibits any form of bullying behavior and teen dating violence on school grounds; at a school-sponsored or school-related activity, function or program whether on or off school grounds; at a school bus stop; on a school bus or other vehicle owned, leased or used by a local or regional board of education; or through the use of an electronic device or an electronic mobile device owned, leased or used by the Board.
2. The Board also prohibits any form of bullying behavior outside of the school setting if such bullying (i) creates a hostile environment at school for the student against whom such bullying was directed, (ii) infringes on the rights of the student against whom such bullying was directed at school, or (iii) substantially disrupts the education process or the orderly operation of a school.
3. The Board further prohibits any form of teen dating violence outside of the school setting if such violence substantially disrupts the educational process. The Board does not condone any form of bullying or teen dating violence.
4. In addition to prohibiting student acts that constitute bullying, the Board also prohibits discrimination and/or retaliation against an individual who reports or assists in the investigation of an act of bullying and/or teen dating violence.
5. Students who engage in bullying behavior or teen dating violence in violation of Board policy and the Safe School Climate Plan shall be subject to school discipline, up to and including expulsion, in accordance with the Board's policies on student discipline, suspension and expulsion, and consistent with state and federal law.

II. Definition of Bullying

1. “Bullying” means an act that is direct or indirect and severe, persistent or pervasive, which:
   1. causes physical or emotional harm to an individual;
   2. places an individual in reasonable fear of physical or emotional harm; or
   3. infringes on the rights or opportunities of an individual at school.
2. Bullying shall include, but need not be limited to, a written, oral or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristics, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics.

III. Other Definitions

1. "Cyberbullying" means any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.
2. "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system.
3. "Emotional intelligence" means the ability to (1) perceive, recognize and understand emotions in oneself or others, (2) use emotions to facilitate cognitive activities, including, but not limited to, reasoning, problem solving and interpersonal communications, (3) understand and identify emotions, and (4) manage emotions in oneself and others.
4. "Hostile environment" means a situation in which bullying among students is sufficiently severe or pervasive to alter the conditions of the school climate.
5. "Mobile electronic device" means any hand-held or other portable electronic equipment capable of providing data communication between two or more individuals, including, but not limited to, a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital images are taken or transmitted.
6. "Outside of the school setting" means at a location, activity or program that is not school related, or through the use of an electronic device or a mobile electronic device that is not owned, leased or used by the Board.
7. "Positive school climate" means a school climate in which (1) the norms, values, expectations and beliefs that support feelings of social, emotional and physical safety are promoted, (2) students, parents, and guardians of students and school employees feel engaged and respected and work together to develop and contribute to a shared school vision, (3) educators model and nurture attitudes that emphasize the benefits and satisfaction gained from learning, and (4) each person feels comfortable contributing to the operation of the school and care of the physical environment of the school.
8. "Prevention and intervention strategy" may include, but is not limited to:
   1. implementation of a positive behavioral interventions and supports process or another evidence-based model approach for safe school climate or for the prevention of bullying identified by the Department of Education,
   2. school rules prohibiting bullying, teen dating violence, harassment and intimidation and establishing appropriate consequences for those who engage in such acts,
   3. adequate adult supervision of outdoor areas, hallways, the lunchroom and other specific areas where bullying is likely to occur,
   4. inclusion of grade-appropriate bullying and teen dating violence education and prevention curricula in kindergarten through high school,
   5. individual interventions with the bully, parents and school employees, and interventions with the bullied student, parents and school employees,
   6. school-wide training related to safe school climate,
   7. student peer training, education and support,
   8. promotion of parent involvement in bullying prevention through individual or team participation in meetings, trainings and individual interventions, and
   9. culturally competent school-based curriculum focusing on social-emotional learning, self-awareness and self-regulation.
9. "School climate" means the quality and character of school life based on patterns of students’, parents’ and guardians’ and school employees’ experiences of school life, including but not limited to, norms, goals, values, interpersonal relationships, teaching and learning practices and organizational structures.
10. "School employee" means
    1. a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by the Board or working in a public elementary, middle or high school; or
    2. any other individual who, in the performance of the individual’s duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the Board.
11. "School-Sponsored Activity" shall mean any activity conducted on or off school property (including school buses and other school-related vehicles) that is sponsored, recognized or authorized by the Board.
12. "Social and emotional learning" means the process through which children and adults achieve emotional intelligence through the competencies of self-awareness, self-management, social awareness, relationship skills and responsible decision-making.
13. "Teen dating violence" means any act of physical, emotional or sexual abuse, including stalking, harassing and threatening, that occurs between two students who are currently in or who have recently been in a dating relationship.

IV. Leadership and Administrative Responsibilities

The Superintendent shall appoint, from existing school district staff, a District Safe School Climate Coordinator (“Coordinator”). The Coordinator shall:

The Principal of each school (or principal’s designee) shall serve as the Safe School Climate Specialist. The Safe School Climate Specialist shall investigate or supervise the investigation of reported acts of bullying, collect and maintain records of reports and investigations of bullying in the school and act as the primary school official responsible for preventing, identifying and responding to reports of bullying in the school.

1. Safe School Climate Coordinator
   1. be responsible for implementing the district’s Safe School Climate Plan (“Plan”);
   2. collaborate with Safe School Climate Specialists, the Board, and the Superintendent to prevent, identify and respond to bullying in district schools;
   3. provide data and information, in collaboration with the Superintendent, to the Department of Education regarding bullying; and
   4. meet with Safe School Climate Specialists at least twice during the school year to discuss issues relating to bullying in the school district and to make recommendations concerning amendments to the district’s Plan.
2. Safe School Climate Specialist

V. Development and Review of Safe School Climate Plan

1. The Principal of each school shall establish a committee or designate at least one existing committee (“Committee”) in the school to be responsible for developing and fostering a safe school climate and addressing issues relating to bullying in the school. Such committee shall include:
   1. at least one parent/guardian of a student enrolled in the school, as appointed by the school principal;
   2. school personnel, including, but not limited to, at least one teacher selected by the exclusive bargaining representative for certified employees;
   3. medical and mental health personnel assigned to such school; and
   4. in the case of a committee for a high school, at least one student enrolled at such high school who is selected by the students of such school in a manner determined by the school principal.
2. The Committee shall:
   1. receive copies of completed reports following bullying investigations;
   2. identify and address patterns of bullying among students in the school;
   3. implement the provisions of the school security and safety plan, regarding the collection, evaluation and reporting of information relating to instances of disturbing or threatening behavior that may not meet the definition of bullying,
   4. review and amend school policies relating to bullying;
   5. review and make recommendations to the Coordinator regarding the Safe School Climate Plan based on issues and experiences specific to the school;
   6. educate students, school employees and parents/guardians on issues relating to bullying;
   7. collaborate with the Coordinator in the collection of data regarding bullying; and
   8. perform any other duties as determined by the Principal that are related to the prevention, identification and response to school bullying.
3. Any parent/guardian or student serving as a member of the Committee shall not participate in any activities which may compromise the confidentiality of any student, including, but not limited to, receiving copies of investigation reports, or identifying or addressing patterns of bullying among students in the school.
4. The Board shall approve the Safe School Climate Plan developed pursuant to Board policy and submit such plan to the Department of Education. Not later than thirty (30) calendar days after approval by the Board, the Board shall make such plan available on the Board's and each individual school in the school district's web site and ensure that the Safe School Climate Plan is included in the school district's publication of the rules, procedures and standards of conduct for schools and in all student handbooks.

VI. Procedures for Reporting and Investigating Complaints of Bullying

1. Students and parents (or guardians of students) may file written reports of bullying. Written reports of bullying shall be reasonably specific as to the basis for the report, including the time and place of the alleged conduct, the number of incidents, the target of the suspected bullying, and the names of potential witnesses. Such reports may be filed with any building administrator and/or the Safe School Climate Specialist (i.e.building principal or designee), and all reports shall be forwarded to the Safe School Climate Specialist for review and actions consistent with this Plan.
2. Students may make anonymous reports of bullying to any school employee. Students may also request anonymity when making a report, even if the student’s identity is known to the school employee. In cases where a student requests anonymity, the Safe School Climate Specialist or designee shall meet with the student (if the student’s identity is known) to review the request for anonymity and discuss the impact that maintaining the anonymity of the complainant may have on the investigation and on any possible remedial action. All anonymous reports shall be reviewed and reasonable action will be taken to address the situation, to the extent such action may be taken that does not disclose the source of the report, and is consistent with the due process rights of the student(s) alleged to have committed acts of bullying. No disciplinary action shall be taken solely on the basis of an anonymous report.
3. School employees who witness acts of bullying or receive reports of bullying shall orally notify the Safe School Climate Specialist, or another school administrator if the Safe School Climate Specialist is unavailable, not later than one (1) school day after such school employee witnesses or receives a report of bullying. The school employee shall then file a written report not later than two (2) school days after making such oral report.
4. The Safe School Climate Specialist shall be responsible for reviewing any anonymous reports of bullying and shall investigate or supervise the investigation of all reports of bullying and ensure that such investigation is completed promptly after receipt of any written reports. The Safe School Climate Specialist shall also be responsible for promptly notifying the parents or guardians of the student alleged to have committed an act or acts of bullying, and the parents or guardians of the student against whom such alleged act or acts were directed, that an investigation has commenced. In order to allow the district to adequately investigate complaints filed by a student or parent/guardian, the parent of the student suspected of being bullied should be asked to provide consent to permit the release of that student’s name in connection with the investigation process, unless the student and/or parent has requested anonymity.
5. In investigating reports of bullying, the Safe School Climate Specialist or designee will consider all available information known, including the nature of the allegations and the ages of the students involved. The Safe School Climate Specialist will interview witnesses, as necessary, reminding the alleged perpetrator and other parties that retaliation is strictly prohibited and will result in disciplinary action.

II. Responding to Verified Acts of Bullying

If the Principal of a school (or designee) reasonably believes that any act of bullying constitutes a criminal offense, he/she shall notify appropriate law enforcement. Notice shall be consistent with the Board’s obligations under state and federal law and Board policy regarding the disclosure of personally identifiable student information. In making this determination, the Principal or his/her designee, may consult with the school resource officer, if any, and other individuals the principal or designee deems appropriate.

1. Following investigation, if acts of bullying are verified, the Safe School Climate Specialist or designee shall notify the parents or guardians of the students against whom such acts were directed as well as the parents or guardians of the students who commit such acts of bullying of the finding not later than forty-eight (48) hours after the investigation is completed. This notification shall include a description of the school’s response to the acts of bullying, the results of such investigation; and verbally or by electronic mail, if such parents’ or guardians’ electronic mail addresses are known, that such parents of guardians may refer to the plain language explanation of the rights and remedies available under Conn. Gen. Stat. Sections 10-4a and 10-4b once such explanation has been provided to the Board by the Connecticut Social and Emotional Learning and School Climate Advisory Collaborative and published on the Internet website of the Board. In providing such notification, however, Madison Public Schools will take care to respect the statutory privacy rights of other students, including the perpetrator of such bullying. The specific disciplinary consequences imposed on the perpetrator, or personally identifiable information about a student other than the parent/guardian’s own child, may not be disclosed except as provided by law.
2. In any instance in which bullying is verified, the Safe School Climate Specialist or designee shall invite the parents or guardians of the student against whom such act was directed to a meeting to communicate the measures being taken by the school to ensure the safety of the student/victim and policies and procedures in place to prevent further acts of bullying. The Safe School Climate Specialist or designee shall also invite the parents or guardians of a student who commits any verified act of bullying to a meeting, separate and distinct from the previously described meeting, to discuss specific interventions undertaken by the school to prevent further acts of bullying. The invitations may be made simultaneous with the notification described above in Section VII.A.
3. If bullying is verified, the Safe School Climate Specialist or designee shall develop a student safety support plan for any student against whom an act of bullying was directed. Such support plan will include safety measures to protect against further acts of bullying.
4. A specific written intervention plan shall be developed to address repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual. The written intervention plan may include counseling, discipline and other appropriate remedial actions as determined by the Safe School Climate Specialist or designee and may also incorporate a student safety support plan, as appropriate.
5. Notice to Law Enforcement
6. If a bullying complaint raises a concern about discrimination or harassment on the basis of a legally protected classification (such as race, religion, color, national origin, sex, sexual orientation, age, disability or gender identity or expression), the Safe School Climate Specialist or designee shall also coordinate any bullying investigation with other appropriate personnel within the district as appropriate (e.g. Title IX Coordinator, Section 504 Coordinator, etc.), so as to ensure that any such bullying investigation complies with the requirements of such policies regarding nondiscrimination.

VIII. Teen Dating Violence

1. The school strictly prohibits, and takes very seriously any instances of, teen dating violence, as defined above. The school recognizes that teen dating violence may take many different forms and may also be considered bullying and/or sexual harassment.
2. Students and parents (or guardians of students) may bring verbal or written complaints regarding teen dating violence to any building administrator. The building administrator shall review and address the complaint, which may include referral of the complaint to the Safe School Climate Specialist and/or Title IX Coordinator.
3. Prevention and intervention strategies concerning teen dating violence shall be implemented in accordance with Section X below. Discipline, up to and including expulsion, may be imposed against the perpetrator of teen dating violence, whether such conduct occurs on or off campus, in accordance with Board policy and consistent with federal and state law.

IX. Documentation and Maintenance of Log

1. Each school shall maintain written reports of bullying, along with supporting documentation received and/or created as a result of bullying investigations, consistent with the Board’s obligations under state and federal law. Any educational record containing personally identifiable student information pertaining to an individual student shall be maintained in a confidential manner, and shall not be disclosed to third parties without prior written consent of a parent, guardian or eligible student, except as permitted under Board policy and state and federal law.
2. The Principal of each school shall maintain a list of the number of verified acts of bullying in the school and this list shall be available for public inspection upon request. Consistent with district obligations under state and federal law regarding student privacy, the log shall not contain any personally identifiable student information or any information that alone or in combination would allow a reasonable person in the school community to identify the students involved. Accordingly, the log should be limited to basic information such as the number of verified acts, name of school and/or grade level and relevant date. Given that any determination of bullying involves repeated acts, each investigation that results in a verified act of bullying for that school year shall be tallied as one verified act of bullying unless the specific actions that are the subject of each report involve separate and distinct acts of bullying. The list shall be limited to the number of verified acts of bullying in each school and shall not set out the particulars of each verified act, including, but not limited, to any personally identifiable student information, which is confidential information by law.
3. The Principal of each school shall report the number of verified acts of bullying in the school annually to the Department of Education in such manner as prescribed by the Commissioner of Education.

X. Other Prevention and Intervention Strategies

1. Bullying behavior and teen dating violence can take many forms and can vary dramatically in the nature of the offense and the impact the behavior may have on the victim and other students. Accordingly, there is no one prescribed response to verified acts of bullying or to teen dating violence. While conduct that rises to the level of “bullying” or “teen dating violence,” as defined above, will generally warrant traditional disciplinary action against the perpetrator of such bullying or teen dating violence, whether and to what extent to impose disciplinary action (e.g., detention, in-school suspension, suspension or expulsion) is a matter for the professional discretion of the building principal (or responsible program administrator or designee). No disciplinary action may be taken solely on the basis of an anonymous complaint of bullying. As discussed below, schools may also consider appropriate alternatives to traditional disciplinary sanctions, including age-appropriate consequences and other restorative or remedial interventions.
2. A specific written intervention plan shall be developed to address repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual. This plan may include safety provisions, as described above, for students against whom acts of bullying have been verified and may include other interventions such as counseling, discipline, and other appropriate remedial or restorative actions as determined by the responsible administrator.
3. The following sets forth possible interventions which may also be utilized to enforce the Board’s prohibition against bullying and teen dating violence:

   When verified acts of bullying are identified early and/or when such verified acts of bullying do not reasonably require a disciplinary response, students may be counseled as to the definition of bullying, its prohibition, and their duty to avoid any conduct that could be considered bullying. Students may also be subject to other forms of restorative discipline or remedial actions, appropriate to the age of the students and nature of the behavior.

   If a complaint arises out of conflict between students or groups of students, peer or other forms of mediation may be considered. Special care, however, is warranted in referring such cases to peer mediation. A power imbalance may make the process intimidating for the victim and therefore inappropriate. In such cases, the victim should be given additional support. Alternatively, peer mediation may be deemed inappropriate to address the concern.

   When an act or acts of teen dating violence are identified, the students involved may be counseled as to the seriousness of the conduct, the prohibition of teen dating violence, and their duty to avoid any such conduct. Students may also be subject to other forms of restorative discipline or remedial actions, appropriate to the age of the students and nature of the behavior.

   When acts of bullying are verified or teen dating violence occurs, and a disciplinary response is warranted, students are subject to the full range of disciplinary consequences. Anonymous complaints of bullying, however, shall not be the basis for disciplinary action.

   In-school suspension and 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, in accordance with the Board’s Student Discipline policy.

   Expulsion may be imposed only after a hearing before the Board of Education, a committee of the Board or an impartial hearing officer designated by the Board of Education in accordance with the Board’s Student Discipline policy. This consequence shall normally be reserved for serious incidents of bullying and teen dating violence, and/or when past interventions have not been successful in eliminating bullying behavior.

   The building principal (or other responsible program administrator) or designee shall intervene in order to address incidents of bullying or teen dating violence against a single individual. Intervention strategies for a bullied student or victim of teen dating violence may include the following:

   In addition to the prompt investigation of complaints of bullying and direct intervention when acts of bullying are verified, other district actions may ameliorate potential problems with bullying in school or at school-sponsored activities. Additional district actions may also ameliorate potential problems with teen dating violence. While no specific action is required, and school needs for specific prevention and intervention strategies may vary from time to time, the following list of potential prevention and intervention strategies shall serve as a resource for administrators, teachers and other professional employees in each school. Such prevention and intervention strategies may include, but are not limited to:

   1. Non-disciplinary interventions:
   2. Disciplinary interventions
   3. Interventions for bullied students and victims of teen dating violence
      1. Referral to a school counselor, psychologist or other appropriate social or mental health service;
      2. Increased supervision and monitoring of student to observe and intervene in bullying situations or instances of teen dating violence;
      3. Encouragement of student to seek help when victimized or witnessing victimization;
      4. Peer mediation or other forms of mediation, where appropriate;
      5. Student Safety Support plan;
      6. Restitution and/or restorative interventions; and
      7. Periodic follow-up by the Safe School Climate Specialist and/or Title IX Coordinator with the bullied student or victim of teen dating violence.
   4. General prevention and intervention strategies
      1. School rules prohibiting bullying, teen dating violence, harassment and intimidation and establishing appropriate consequences for those who engage in such acts;
      2. Adequate adult supervision of outdoor areas, hallways, the lunchroom and other specific areas where bullying or teen dating violence are likely to occur;
      3. Inclusion of grade-appropriate bullying and teen dating violence education and prevention curricula in kindergarten through high school, which may include instruction regarding building safe and positive school communities including developing healthy relationships and preventing dating violence as deemed appropriate for older students;
      4. Individual interventions with the perpetrator, parents and school employees, and interventions with the bullied student, parents and school employees;
      5. School-wide training related to safe school climate, which training may include Title IX sex discrimination/sexual harassment prevention training, Section 504/ADA training, cultural diversity/multicultural education or other training in federal and state civil rights legislation or other topics relevant to safe school climate;
      6. Student peer training, education and support;
      7. Promotion of parent involvement in bullying prevention through individual or team participation in meetings, trainings and individual interventions;
      8. Implementation of a positive behavioral interventions and supports process or another evidence-based model approach for a safe school climate or for the prevention of bullying and teen dating violence, including any such program identified by the Department of Education;
      9. Respectful responses to bullying and teen dating violence concerns raised by students, parents or staff;
      10. Planned professional development programs addressing prevention and intervention strategies, which training may include school violence prevention, conflict resolution and prevention of bullying and teen dating violence, with a focus on evidence-based practices concerning same;
      11. Use of peers to help ameliorate the plight of victims and include them in group activities;
      12. Avoidance of sex-role stereotyping;
      13. Continuing awareness and involvement on the part of school employees and parents with regards to prevention and intervention strategies;
      14. Modeling by teachers of positive, respectful, and supportive behavior toward students;
      15. Creating a school atmosphere of team spirit and collaboration that promotes appropriate social behavior by students in support of others;
      16. Employing classroom strategies that instruct students how to work together in a collaborative and supportive atmosphere; and
      17. Culturally competent school-based curriculum focusing on social-emotional learning, self-awareness and self-regulation.
4. In addition to prevention and intervention strategies, administrators, teachers and other professional employees may find opportunities to educate students about bullying and help eliminate bullying behavior through class discussions, counseling, and reinforcement of socially-appropriate behavior. Administrators, teachers and other professional employees should intervene promptly whenever they observe mean-spirited student conduct, even if such conduct does not meet the formal definition of “bullying.”
5. Funding for the school-based bullying intervention and school climate improvement strategy may originate from public, private, federal or philanthropic sources.

XI.    Improving School Climate

Each school has a Safe School Climate Plan which addresses the mandated areas of compliance required by CT General Statutes.  The plan outlines current efforts, as well as ways in which the administration, faculty and staff of each school are committed to the improvement of the plan, which is updated biennially. 

XII. Annual Notice and Training

1. Students, and parents or guardians of students shall be notified annually of the process by which students may make reports of bullying.
2. The Board shall provide for the inclusion of language in student codes of conduct concerning bullying.
3. At the beginning of each school year, each school shall provide all school employees with a written or electronic copy of the school district’s safe school climate plan and require that all school employees annually complete training on the identification, prevention and response to bullying as required by law.
4. As required by state law, the Board, after consultation with the Department of Education and the Social and Emotional Learning and School Climate Advisory Collaborative, shall also provide on its website training materials to school administrators regarding the prevention of and intervention in discrimination against and targeted harassment of students based on such students’ (1) actual or perceived differentiating characteristics, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance or mental, physical, developmental or sensory disability, or (2) association with individuals or groups who have or are perceived to have one or more of such characteristics.
5. Any person appointed by the district to serve as district safe school climate coordinator shall complete mental health and first aid training offered by the Commissioner of Mental Health and Addiction Services.

XIII.    School Climate Assessments

Biennially, the Board shall require each school in the district to complete an assessment using the school climate assessment instruments, including surveys, approved and disseminated by the Connecticut State Department of Education.  The Board shall collect the school climate assessments for each school in the district and submit such assessments to the Connecticut State Department of Education.
 

Legal References: 

Public Act 19-166
Public Act 21-95

Conn. Gen. Stat. § 10-222d
Conn. Gen. Stat. § 10-222g
Conn. Gen. Stat. § 10-222h
Conn. Gen. Stat. § 10-222j 
Conn. Gen. Stat. § 10-222k 
Conn. Gen. Stat. § 10-222l 
Conn. Gen. Stat. § 10-222q
Conn. Gen. Stat. § 10-222r
Conn. Gen. Stat. §§ 10-233a through 10-233f

Connecticut State Department of Education Circular Letter C-8, 
Series 2008-2009 (March 16, 2009)

Connecticut State Department of Education Circular Letter C-3,
Series 2011-2012 (September 12, 2011)

Connecticut State Department of Education Circular Letter C-2,
Series 2014-2015 (July 14, 2014)

Connecticut State Department of Education Circular Letter C-1,
Series 2018-2019 (July 12, 2018)
 
#5131.914(v)
Connecticut State Department of Education Circular Letter C-1,
Series 2019-2020 (July 16, 2019)

Date of Adoption:  April 6, 2021
Date Revised:  April 5, 2022

#5141 Fundraising Activities 

(formerly #3280 Fundraising)

Students may engage in raising funds for school-sponsored activities, subject to the provisions of regulations to be developed by the Superintendent.  No such fund-raising activities may involve door-to-door solicitation in the community by students. 

The Board of Education will not be responsible for any fundraising activities that are not approved in accordance with the procedures set forth in this policy and the accompanying regulations.  

Any fundraising activities must comply with all applicable state and federal laws and regulations, including those provisions relating to the sale of healthy foods and beverages on school grounds or at school-sponsored events.

Legal References:

•  Conn. Gen. Stat. § 10-215f    Certification that food meets nutrition standards 

Date of Adoption:  April 26, 2022

 

Regulation 5141
 

5144 Physical Restraint and Seclusion of Students And Use of Exclusionary Time Out

The Madison Board of Education (the “Board”) seeks to foster a safe and positive learning environment for all students. Board employees will restrict the use of physical restraint and seclusion of students to emergency situations, in accordance with this policy and accompanying administrative regulations and applicable law.  Physical restraint or seclusion of a student may be necessary in an emergency situation to maintain the safety of the student or another individual. The Board also regulates the use of exclusionary time out in accordance with this policy and accompanying regulations and applicable law.

The Board authorizes the Superintendent or his/her designee to develop and implement administrative regulations in accordance with this policy and applicable law.  The Board of Education mandates compliance with this policy and the associated administrative regulations at all times.  Violations of this policy and/or associated administrative regulations by a Board staff member or other individual working at the direction of, or under the supervision of, the Board, may result in disciplinary action, up to and including possible termination of employment status and/or termination of contract for services.

Nothing within the associated administrative regulations shall be construed to interfere with the Board’s responsibility to maintain a safe school setting, in accordance with Connecticut General Statutes § 10-220.  Under no circumstances shall employees or individuals under the supervision of the Board use corporal punishment with students or physically manage students for purposes of discipline.

Legal References: 

Conn. Gen. Stat. § 10-76b
Conn. Gen. Stat. § 10-76d
Conn. Gen. Stat. § 10-236b
Conn. Gen. Stat. §§ 53a-18 to 53a-22
Reg. Conn. State Agencies. §§ 10-76b-5 to 10-76b-11

Other References:

Restraint and Seclusion: Resource Document, United States Department of Education, available at http://www2.ed.gov/policy/seclusion/restraints-and-seclusion-resources.pdf.

Understanding the Laws and Regulations Governing the Use of Restraint and Seclusion, Connecticut State Department of Education (July 2018).

Guidance Related to Recent Legislation Regarding Restraint and Seclusion, Connecticut State Department of Education (Revised, July 2018).

Date of Adoption:    January 8, 2008
Date of Revision:    February 13, 2018
Date of Revision:    March 5, 2019
Date of Revision:    November 29, 2022
 

#5144.4 Recess and Play-Based Learning 

It is the policy of the Madison Board of Education (the “Board”) to promote the    health and well-being of district students by encouraging healthy lifestyles and mental health wellness, including promoting physical exercise,  activity and play as part of the school day within the Madison Public Schools (“District”).

For the purposes of this policy, a “school employee” is defined as (1) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by the Board or working in the district schools, or (2) any other individual   who, in the performance of their duties, has regular contact with students and who provides services to or on behalf of students enrolled in the district schools pursuant to a   contract with the Board.

For purposes of this policy, “recess” means the time during the regular school day for each student enrolled in elementary school that is devoted to physical exercise of not less than twenty minutes in total pursuant to Conn. Gen. Stat. § 10-221o. 

I. Deprivation of Recess or Undirected Play Period as a Form of Discipline:

For elementary school students, the Board includes a time of not less than twenty (20) minutes in total, during the regular school day, for recess, except that a planning and placement team (“PPT”) may develop a different schedule for students requiring special education and related services.

The administration may include additional time, beyond the twenty minutes required for recess, devoted to undirected play during the regular school day for elementary school students. 

In an effort to promote physical exercise and undirected play, the Board prohibits school employees from disciplining elementary school students by preventing them from participating in the full 20 minutes of recess or additional time devoted to undirected play during the regular school day, except in accordance with this policy or as determined by a student’s Section 504 team or PPT. 

School employees may prevent or otherwise restrict a student from participating in the entire time devoted to recess as a form of discipline   only under the following circumstances:

1. Physical Recess Period

   School employees may prevent or otherwise restrict a student from participating in the entire time devoted to recess as a form of discipline   only under the following circumstances:

   1. When a student poses a danger to the health or safety of other students or school personnel; or
   2. If there are two or more periods devoted to recess in a school day, then when the prevention or restriction of recess is limited to the period of recess that is the shortest in duration, provided that the student still participates in at least twenty minutes of recess  in a school day.

School employees may prevent or restrict a student from participating in the entire time devoted to recess as a form of discipline, in accordance with this policy, only one time during a school week, unless the student is a danger to the health or safety of other students or school personnel.

School employees may not prevent or restrict a student from participating in the entire time devoted to recess if such prevention or restriction is related to the student’s failure to complete school work on time or to the student’s academic performance.

This policy distinguishes between a) discipline that is imposed before recess begins and b) discipline imposed during recess or methods used to redirect a student’s behavior during recess. School personnel may impose discipline during recess as a result of student’s behavior during recess, if such discipline is in accordance with Board policies and procedures. School personnel may also use methods to redirect a student’s behavior, in the event such behavior warrants redirection, during recess. For clarity, the prohibition against preventing or restricting a student’s participation in the time devoted to recess shall apply to student conduct that occurs prior to the recess time, rather than during the recess time.
 

2. Undirected Play Period

   School employees may not discipline elementary school students by preventing them from participating in the full time devoted to undirected play, if any, during the regular school day, except when a student poses a danger to the health or safety of other students or school personnel, or as determined by a student’s Section 504 team or PPT.

1. Definitions for Section II
   1. “Free play” means unstructured, voluntary, child-initiated activities that are performed by a child for self-amusement and have behavioral, social and psychomotor rewards, except free play may be structured to promote activities that are child-directed, joyful and spontaneous.
   2. “Guided play” means learning experiences that combine the child-directed nature of free play with a focus on learning outcomes and adult guidance.
   3. “Play-based learning” means a pedagogical approach that emphasizes play in promoting learning and includes developmentally appropriate strategies that can be integrated with existing learning standards. Play-based learning does not mean time spent in recess or as part of a physical education course or instruction.
   4. “Mobile electronic device” means any hand-held or other portable electronic equipment capable of providing data communication between two or more individuals, including, but not limited to, a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital images are taken or transmitted.
   5. “Instructional time” means the time of actual school work during a regular school day.
2. Play-Based Learning Requirements for Pre-Kindergarten and Kindergarten

   Play-based learning shall be provided during the instructional time of each regular school day for all students in kindergarten and any preschool program operated by the Board. Such play-based learning shall:

   1. be incorporated and integrated into daily practice;
   2. allow for the needs of such students to be met through free play, guided play and games; and
   3. be predominantly free from the use of mobile electronic devices.
       
3. Play-Based Learning Requirements for Grades One to Five, Inclusive

   The Board permits teachers to utilize play-based learning during the instructional time of a regular school day for all students in grades one to five, inclusive. Such play-based learning:

   1. may be incorporated and integrated into daily practice;
   2. shall allow for the needs of such students to be met through free play, guided play and games; and
   3. shall be predominantly free from the use of mobile electronic devices.
       
4. Play-Based Learning for Students with IEPs or Section 504 Plans

   Any play-based learning utilized shall comply with a student’s individualized education program (“IEP”) or Section 504 plan.

5. Deprivation of Play-Based Learning as a Form of Discipline

   School employees may not discipline elementary school students by preventing them from participating in the full time devoted to play-based learning, if any, during the regular school day, except when a student poses a danger to the health or safety of other students or school personnel, or as determined by a student’s Section 504 team or PPT.

III.    Prohibition on Compulsion of Physical Activity as a Form of Discipline:

For all students, the Board prohibits school employees from disciplining students by requiring students to engage in physical activity as a form of discipline during the regular school day.

IV.    Disciplinary Action for Failure to Follow Policy: 

Any employee who fails to comply with the requirements of this policy may be subject to discipline, up to and including termination of employment.  Any contracted individual who provides services to or on behalf of students enrolled in the district and who fails to comply with the requirements of this policy may be subject to having the individual’s contract for services suspended by the district.

Legal References:

Connecticut General Statutes: 

• § 10-221o  Lunch periods.  Recess. Boards to adopt policies addressing the limitations of physical exercise 
• § 10-221u Boards to adopt policies addressing the use of physical activity as discipline
• Public Act No. 23-159, “An Act Concerning Teachers and Paraeducators”
• Public Act No. 23-101, “An Act Concerning the Mental, Physical and Emotional Wellness of Children” 

Date of Adoption:   March 7, 2023
Date of Revision:  January 23, 2024

#5180.1 Confidentiality and Access to Education Records

I.    POLICY

The Board of Education (“Board”) complies with the state and federal laws and regulations regarding confidentiality, access to and amendment of education records.  The Board shall implement procedures that protect the privacy of parents and students while providing proper access to records.  Availability of these procedures shall be made known annually to parents of students currently in attendance and eligible students currently in attendance.

II.    DEFINITIONS

1. Access is defined as the right to inspect or review a student’s education records or any part thereof.  Access may include the right to receive copies of records under limited circumstances.
2. Authorized representative means any entity or individual designated by the Board, a State educational authority, or an agency headed by an official listed in 34 C.F.R. § 99.31(a)(3), to conduct -- with respect to Federal- or State-supported education programs -- any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.
3. Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual, such as fingerprints, retina and iris patterns, voiceprints, DNA sequence; facial characteristics and handwriting.
4. De-identified education records means education records or information from education records from which all personally identifiable information has been removed, and for which the district has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, taking into account other reasonably available information.
5. Directory Information includes information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.  Directory information includes, but is not limited to, the parent’s name, address and/or e-mail address; the student’s name, address, telephone number, e-mail address, photographic, computer and/or video images, date and place of birth, major field(s) of study, grade level, enrollment status (full-time; part-time), participation in school-sponsored activities or athletics, weight and height (if the student is a member of an athletic team), dates of attendance, degrees, honors and awards received, the most recent previous school(s) attended, and student identification numbers for the limited purposes of displaying a student identification card.  The student identification number, however, will not be the only identifier used when obtaining access to education records or data.  Directory information does not include a student’s social security number, student identification number or other unique personal identifier used by the student for purposes of accessing or communicating in electronic systems unless the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN or password.
6. Disciplinary action or proceeding means the investigation, adjudication or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of internal rules of conduct applicable to students.
7. Disclosure means to permit access to or to release, transfer, or other communication of personally identifiable information as contained in education records by any means, including oral, written or electronic means, to any party except the party identified as the party that provided or created the record. 

8. Education Records

   1. Education records means any information directly related to a student that is recorded in any manner (e.g., handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche) and that is maintained by the school system or persons acting for the school system.

   2. Education records do not include:

      1. private, personal, or working notes in the sole possession of the maker thereof, and which are not accessible or revealed to any other individual except a “substitute”;

      2. records maintained by a law enforcement unit of the school district that were created by that unit for the purpose of law enforcement;

      3. employment records used only in relation to the student’s employment by the school district that are 1) made and maintained in the normal course of business, 2) relate exclusively to the student’s capacity as an employee, and 3) are not made available for any other purpose;

      4. records on an eligible student (i.e. over 18 or attending a postsecondary educational institution) that are considered “treatment records” as they meet the following criteria: 1) the records are maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity, 2) the records are made in connection with the treatment of the student and 3) the records are disclosed only to individuals providing such treatment (treatment does not include remedial educational activities or activities that are part of the program or instruction of the school district); however, the school district must, upon request, permit an eligible student to have a physician or other appropriate professional of the student’s choice review his/her treatment records;

      5. records created or received by the school district after an individual is no longer a student in attendance and that are not directly related to the individual’s attendance as a student; and

      6. grades on peer-graded papers before they are collected and recorded by a teacher.

9. Eligible Student is a student or former student who has reached 18 years of age or is attending an institution of post-secondary education or is an emancipated minor.

10. Legitimate Educational Interest means the need for a school official to review an education record in order to fulfill his or her professional responsibilities.

11. Parent is defined as a parent or parents of a student, including a natural parent, a guardian, or surrogate parent, or an individual acting as a parent in the absence of a parent or guardian.  The rights of a parent shall transfer to an eligible student; however, a parent of a student who claims that student as a dependent under Section 152 of the Internal Revenue Code of 1986 is entitled to access to the student’s education records without the eligible student’s consent.   

12. Personally Identifiable Information includes, but is not limited to, the student’s name; the name of the student’s parent or other family members; the address of the student or his/her family; a personal identifier, such as the student’s social security number, student number or biometric record; other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name; other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or information requested by a person who the school district reasonably believes knows the identity of the student to whom the education record relates.

13. School Official is a person employed by the District as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board of Education; a volunteer, contractor or consultant or other party who performs an institutional service or function for the District (such as an attorney, auditor, medical consultant, therapist, or school resource officer); or a parent or student serving on an official committee, such as a disciplinary or grievance committee; or a parent, student or other volunteer assisting another school official in performing his or her tasks.

14. Signed and Dated Written Consent to disclose personally identifiable student information from a student’s education records must specify the records to be disclosed, the purpose of disclosure and the party to whom such records should be provided.  Consent may include a record and signature in electronic form provided that the consent identifies and authenticates a particular person as the source of electronic consent.

III.    ANNUAL NOTIFICATION OF RIGHTS / RELEASE OF DIRECTORY INFORMATION

1. On an annual basis, the school district will notify parents and/or eligible students currently in attendance of their rights regarding a student’s education records.  This notice will be published in all student handbooks in the school district and will also be published in the school district’s guide to Pupil Personnel [or Special Education] Services and will be published in any other manner “reasonably likely” to inform such parents and eligible students of their rights.  The school district will take steps to ensure that parents or eligible students whose primary or home language is not English or who are disabled will also be notified of their rights regarding a student’s education records.
2. On an annual basis, the school district will also notify parents and/or eligible students currently in attendance of any categories of information designated as directory information.  This notice will provide such individuals with an opportunity to object to such disclosure.  An objection to the disclosure of directory information shall be good for only one school year.  Parents and/or eligible students may not use the right to opt out of directory information disclosures to prohibit the school district from requiring students to wear or display a student identification card.
3. In the annual notification, the school district will also provide notice to parents and/or eligible students that the district is legally obligated to provide military recruiters, institutions of higher education, or school choice programs, upon request, with the names, addresses and telephone numbers of secondary school students, unless the secondary student or the parent of the student objects to such disclosure in writing.  Such objection must be in writing and shall be effective for one school year.  

IV. CONFIDENTIALITY OF EDUCATION RECORDS

1. All school officials are directed to maintain the confidentiality of personally identifiable information contained in a student’s education records. Each person who has access to education records is responsible for ensuring personally identifiable information is protected from disclosure at collection, storage, disclosure, and destruction stages. Disclosure of information is permitted only in accordance with Board policy and administrative regulations and in a manner consistent with state and federal law.
2. Education records are not public records and any disclosure other than to persons authorized to receive the records without prior consent of a parent or an eligible student violates the law and Board policy, except as provided in federal and state statutes.
3. The school district shall use reasonable methods, including administrative policies and procedures, as well as physical and technological access controls, to ensure that school officials obtain access to only those education records in which they have a legitimate educational interest.
4. The district shall use reasonable methods to identify and authenticate the identity of parents, students, school officials and other parties to whom the district discloses personally identifiable information from education records.
5. The district shall require contractors and other outside agencies with access to education records to certify their compliance with the confidentiality requirements of this policy, as well as applicable state and federal law.

V.    ACCESS TO EDUCATION RECORDS

1. Parents and/or an eligible student have the right to inspect and review all education records of the student unless such rights have been waived under Article XI, below.  Parents’ rights of inspection and review are restricted to information dealing with their own child.  In the case of an eligible student, the right to inspect and review is restricted to information concerning the student.  All requests for access to education records must be in writing.  
2. When submitting a written request to inspect or review education records, the request must identify the record or records being sought.  The school district will notify the parent or eligible student of the date, time, and location where the records may be inspected and reviewed.  
3. The parents or eligible students may designate in writing a representative to inspect and review the records.  Consent for disclosure of education records to a designated representative must be signed and dated by the parent or eligible student.
4. A school professional shall be present at all such inspections and reviews and shall respond to reasonable requests for explanations and interpretations of the records.
5. For the records of regular education students, the Board will make education records available for inspection and review by parents or eligible students within a reasonable period of time, but in any event, no more than forty-five (45) calendar days from the receipt of a written request.  
6. For students requiring special education, the Board will comply with a request to review and inspect the child’s education records without unnecessary delay and before any meeting regarding an IEP or any due process hearing or resolution session held in accordance with the IDEA; otherwise, the Board will comply with such request not later than ten (10) school days of such request.
7. Parents of students eligible to receive special education and related services (or the eligible student) have the right to receive one free copy of their child’s (his/her) education records.  The request for the free copy must be in writing and the Board will comply with the written request within ten (10) school days of the request.  Notwithstanding the fact that a test instrument or portion of a test instrument may meet the criteria of an “education record” under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, any test instrument or portion of a test instrument for which the test manufacturer asserts a proprietary or copyright interest in the instrument shall not be copied. The parent or eligible student retains the right to review and inspect such information and the Board shall respond to reasonable requests from the parent or eligible student for explanations and interpretations of the student’s education record, which may include reviewing copyrighted testing instruments.
8. Aside from a parent or eligible student, staff members, school employees and other school officials may access a student’s education records only if they have been determined by the school system to have a legitimate educational interest in accessing the information contained in such records.  Disclosures to any other parties may only be made in accordance with the exemptions and provisions set forth in Article VII, below.  
9. Pursuant to the procedures set forth in Article VI, below, the district maintains a record of all parties that have requested access to education records, including access to education records found in computer memory banks.
10. Non-custodial Parents:
    1. Divorced Parents

       A parent does not lose his or her right to access to education records upon divorce.  Non-custodial parents retain their rights to review their child’s education records unless the school district has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes the non-custodial parent’s rights.  School notices shall be mailed to the non-custodial parent/guardian requesting the notices at the same time that they are provided to the custodial parent/guardian.  Any requests by the non-custodial parent/guardian to receive school notices shall be effective for as long as the child remains in the school the student is attending at the time of the request.

    2. Incarcerated Parents

       Nothing in this policy shall be construed to limit a parent who is incarcerated from being entitled to knowledge of and access to all educational, medical, or similar records maintained in the cumulative record of any minor student of such incarcerated parent, except that such incarcerated parent shall not be entitled to such records if:

       1. such information is considered privileged under Conn. Gen. Stat. § 10-154a, regarding a communication made privately and in confidence by a student to a professional employee in the course of the professional employee’s employment concerning alcohol or drug abuse or any alcoholic or drug problem of such student;
       2. such incarcerated parent has been convicted in Connecticut or any other state of sexual assault in violation of Conn. Gen. Stat. §§ 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b, or 53a-73a; or
       3. such incarcerated parent is prohibited from knowledge of or access to such student’s cumulative record pursuant to a court order.
11. Unaccompanied Youth:

    Notwithstanding anything in this policy to the contrary, an unaccompanied youth shall be entitled to knowledge of and have access to all educational, medical or similar records in the cumulative record of such unaccompanied youth maintained by the school district.  For the purposes of this provision, the term “unaccompanied youth” shall mean a homeless child or youth not in the physical custody of a parent or guardian.

12. Copies of Education Records/Fees:
    1. The school district cannot charge a fee to search for or to retrieve the education records of a student.  As noted above, if a student has been identified as requiring special education and related services, the parents’ (or eligible student’s) right to inspect and review the child’s records shall include the right to receive one free copy of those records.  The request for the free copy shall be made in writing.  The Board shall comply with such request as stated above.  A charge will be levied for additional copies; in no case will the charge exceed [50¢] per page.
    2. In addition to the provision above regarding special education students, if circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student’s education records, the district shall:
    1. provide the parent or eligible student with a copy of the records requested, or
    2. make other arrangements for the parent or eligible student to inspect and review the requested records.

VI. RECORD KEEPING REQUIREMENTS/DOCUMENTATION OF ACCESS TO EDUCATION RECORDS

1. The school district will appoint an individual to be responsible for the care and upkeep of all education records. Education records are kept by categories, each of which encompasses a specific type of data collected during a student’s educational career. These categories also determine how long the school district must maintain the records. The school district will provide to parents, on request, a list of the categories and locations of education records collected, maintained, or used by the school district.
2. Except as provided below, a record (log) will be kept documenting each request for, and disclosure of, personally identifiable information from the education records of each student, including information found in computer memory banks. The record log shall contain:
   1. the name of any individual, agency, or organization that requested or obtained access to the student’s records;
   2. the date of the request for access;
   3. whether access was given;
   4. the purpose for which the party was granted access to the records;
   5. the names of additional parties to whom the receiving party may disclose the information on behalf of the school district; and
   6. the legitimate educational interest in obtaining the information.
3. The record (log) requirement does not apply to requests from, or disclosure to:
   1. a parent or eligible student;
   2. a party seeking directory information;
   3. a party who has a signed and dated written consent from the parent and/or eligible student;
   4. school officials from the school district in which the student is currently enrolled who have a legitimate educational interest in the information contained in the student’s record; or
   5. persons seeking or receiving the information as directed by a Federal grand jury, other law enforcement subpoena, or ex parte order of the Attorney General of the United States (provided that the information requested is not to be redisclosed).
4. The record (log) is a permanent part of the student’s education records and must be available to the parent or eligible student upon request.
5. If the district makes a release of education records without consent in a health and safety emergency, the district must record:
   1. the articulable and significant threat to the health and safety of a student or other individuals that formed the basis for disclosure; and
   2. the parties to whom the district disclosed the information.

VII. THE RELEASE OF RECORDS OR PERSONALLY IDENTIFIABLE INFORMATION

1. The school system or its designated agent(s) may not permit release of education records or any information from such records that contain personally identifiable student information to any outside individual, agency, or organization without the signed and dated written consent of the parents or eligible student, except as indicated in Article VII.C below. Personally identifiable information contained in the education record, other than directory information, will not be furnished in any form (i.e., written, taped, video or audio recorded, person-to-person, statement over the telephone, on computer disk, e-mailed or electronic message, etc.) to any person other than those listed below, unless prior written consent has been obtained.
2. To be effective, the written consent must be signed and dated and must specify the records that may be disclosed, state the purpose of the disclosure, and identify the party or class of parties to whom the disclosure may be made.
3. Personally identifiable information may be released without consent of the parents, or the eligible student, only if the disclosure meets one of the criteria set forth below:
   1. School Officials:
      1. The disclosure is to other school officials within the district, including teachers, who have been determined by the school district to have legitimate educational interests in the education records.
      2. A contractor, consultant, volunteer, or other party to whom the district has outsourced institutional services or functions, provided that the party:
         1. performs an institutional service or function for which the district would otherwise use employees;
         2. is under the direct control of the district with respect to the use and maintenance of education records; and
         3. is subject to the requirements of FERPA with respect to the use and redisclosure of personally identifiable information from education records.
      3. The Board shall comply with the below Section I of this Article VII prior to the provision of student records, student information or student-generated content to any school official who is a consultant or operator, as those terms are defined in Section I.
   2. Transfer Students:
      1. The disclosure is to officials of another school, including other public schools, charter schools, and post-secondary institutions, in which the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer. Disclosure of personally identifiable information will be made only upon condition that the student’s parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record pursuant to Article X.
      2. When a student enrolls in a new public school district (including a public charter school), the receiving school district must send written notice of such enrollment to the school the student previously attended not later than two (2) business days after the student enrolls. Not later than ten (10) days after receipt of such notice, the sending school shall transfer the student’s records to the new school district.
      3. Upon notification by the Department of Children and Families (“DCF”) of a decision to change the school placement for a student attending district schools who is placed in out-of-home care by DCF pursuant to an order of temporary custody or an order of commitment, in accordance with Section 46b-129 of the Connecticut General Statutes, the Board shall transmit to the receiving school, not later than one (1) business day after receipt of such notification from DCF, all essential education records for the student, including, but not limited to, the student’s individualized education program (“IEP”) and behavioral intervention plan, if any, and all documents necessary for the receiving school to determine appropriate class placement and to provide educational services. The Board shall transfer nonessential records to the receiving school in accordance with subsection b above.
   3. The disclosure is to authorized representatives of the U.S. Comptroller, the U.S. Attorney General, the U.S. Secretary of Education, or State or local educational authorities. Disclosures of this nature may be made only in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with the Federal legal requirements that related to these programs. These entities may make further disclosures of personally identifiable information that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf, if applicable requirements are met.
   4. The disclosure is made in connection with a student’s application for, or receipt of, financial aid, if such information is necessary to determine eligibility for, the amount of, or the conditions for financial aid, or to enforce the terms and conditions of financial aid.
   5. The disclosure is to state and local officials or authorities within the juvenile justice system as long as the officials and authorities to whom the records are disclosed certify in writing to the school district that (a) the information is required by the court, and (b) will not be disclosed to any other party without the prior, written consent of the parent of the student, except as provided under state law. Disclosure shall be permitted for information relating to the student’s school attendance, adjustment and behavior, as well as the student’s IEP and related documents if the student receives special education services. If a student is placed on probation by the juvenile court, school officials may issue their own recommendation concerning the conditions of the student’s probation.
   6. The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, or improving instruction, so long as:
      1. the study does not permit personal identification of parents or students by individuals other than representatives of the organization,
      2. the information is destroyed after it is no longer needed for the purposes for which the study was conducted, and
      3. the Board enters into a written agreement with the organization conducting the study that satisfies the requirements of 34 C.F.R. § 99.31(a)(6).
   7. The disclosure is to accrediting organizations in order to carry out their accrediting functions.
   8. The disclosure is to parents of an eligible student who claim that student as a dependent student as defined in Section 152 of the Internal Revenue Code of 1986.
   9. The disclosure is to comply with a judicial order or lawfully issued subpoena, provided that the educational agency makes a reasonable effort to notify the parent or the eligible student in advance of compliance, unless such disclosure is in compliance with
      1. a federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
      2. any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or
      3. an ex parte order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning the investigation or prosecution of terrorism crimes specified in 18 U.S.C. §§ 2331 and 2332b(g)(5)(B).
   10. If the school district initiates legal action against a parent or student, the school district may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the school district to proceed with the legal action as plaintiff.
   11. If a parent or eligible student initiates legal action against the school district, the school district may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the school district to defend itself.
   12. The disclosure is to appropriate parties, including parents of an eligible student, in connection with a health and safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. In making a determination regarding the disclosure of education records without consent in a health and safety emergency, the district may take into account the totality of the circumstances pertaining to the threat to the health or safety of a student or other individuals. If the district reasonably determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals, provided, however, that the district record such disclosure in accordance with Article VI.D, above.
   13. The disclosure is to the parent of a student who is under 18 years of age or to the student.
   14. The disclosure concerns sex offenders and other individuals required to register under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14071, and the information was provided to the district under 42 U.S.C. § 14071 and applicable federal guidelines.
   15. The disclosure is to the Secretary of Agriculture or an authorized representative from the Food and Nutrition Service, or contractors acting on its behalf, for the purposes of conducting program monitoring, evaluations, and performance measurements of state and local educational and other agencies and institutions receiving funding or providing benefits of one or more federal meal or nutrition programs in order to report aggregate results that do not identify any individual. Such disclosures may only be made if:
       1. the data collected will be protected to prevent the personal identification of students and their parents by other than the authorized representatives of the Secretary of Agriculture, and
       2. any personally identifiable data will be destroyed when they are no longer needed for program monitoring, evaluations, and performance measurements.
   16. The disclosure is to an agency caseworker or other representative of the DCF or other child welfare agency or tribal organization who has the right to access a student’s case plan when the agency or organization is legally responsible for the care and protection of the student. The agency or organization may not disclose the education records or personally identifiable information contained in such records, except to an individual or entity engaged in addressing the student’s educational needs and authorized by the agency or organization to receive such disclosure. Any disclosures made by the agency or organization must comply with applicable confidentiality laws for student education records.
4. Directory Information

   The school district will notify parents (of students currently enrolled within the district) or eligible students (currently enrolled in the district) annually of any categories of information designated as directory information. This notice will provide such individuals with an opportunity to object to such disclosure. An objection to the disclosure of directory information shall be good for only one school year.

   1. School districts are legally obligated to provide military recruiters or institutions of higher education, upon request, with the names, addresses and telephone numbers of secondary school students, unless the secondary student or the parent of the student objects to such disclosure in writing. Such objection must be in writing and shall be effective for one school year.
   2. In all other circumstances, information designated as directory information will not be released when requested by a third party unless the release of such information is determined by the administration to be in the educational interest of the school district and is consistent with the district’s obligations under both state and federal law.
   3. The school district may disclose directory information about students after they are no longer in enrollment in the school district. Notwithstanding the foregoing, the district will continue to honor any valid objection to the disclosure of directory information made while a student was in attendance unless the student rescinds the objection.
   4. An objection to the disclosure of directory information shall not prevent the school district from disclosing or requiring a student to disclose the student’s name, identified or institutional email address in a class in which the student is enrolled. Parents and/or eligible students may not use the right to opt out of directory information disclosures to prohibit the school district from requiring students to wear or display a student identification card.
   5. The school district will not use the student’s social security number or other non-directory information alone or combined with other elements to identify or help identify the student or the student’s records.
5. De-identified Records and Information
   1. The school district may release education records or information from education records without the consent of a parent or eligible student after the removal of all personally identifiable information, provided that the district has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, taking into account other reasonably available information.
   2. The school district may release de-identified education records including student level data from education records for the purpose of education research by attaching a code to each record that may allow the recipient to match information received from the same source, provided that:
      1. the district does not disclose any information about how it generates and assigns a record code, or that would allow a recipient of the information to identify a student based on the record code;
      2. the record code is used for no purpose other than identifying a de-identified record for the purposes of education research and cannot be used to ascertain personally identifiable information about a student; and
      3. the record code is not based on a student’s social security number or other personal information.
6. Disciplinary Records:

   Nothing in this policy shall prevent the school district from:

   1. Including in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.
   2. Disclosing appropriate information concerning disciplinary action taken against a student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community, to teachers and school officials who have been determined to have legitimate educational interests in the behavior of the student.
7. In accordance with state and federal law, the district will facilitate the transfer of records of suspension and expulsion of a student to officials of any private elementary or secondary school in which the student is subsequently enrolled or seeks, intends or is instructed to enroll.

8. Records of the Department of Children and Families (“DCF”)
   1. Documents related to any DCF child abuse and/or neglect investigations that are maintained by the Board are considered education records under the FERPA. As such, they are subject to the confidentiality and disclosure requirements set forth in this policy and in corresponding provisions of state and federal law. Such records, including records of allegations, investigations and reports made to DCF, should be kept in a confidential and central location, with restricted access and shall be disclosed only as authorized by law. In addition to meeting the requirements under FERPA, should the Board receive a request to disclose confidential DCF records to an outside third party, the Board shall redact the name or other personally identifiable information concerning the individual suspected of being responsible for the alleged abuse and/or neglect unless the requested records are being released to the individual named in the DCF records.
   2. In addition, the district shall redact the name or any personally identifiable information related to the identity of any individual responsible for making a report of alleged child abuse and/or neglect before releasing or transferring any DCF records containing such reports.
9. Except as set forth in Subsection I.5, below, the Board shall enter into a written contract with a consultant or operator any time the Board shares or provides access to student information, student records, or student-generated content with such consultant or operator.
   1. The provisions of said contract shall comply with the requirements of Conn. Gen. Stat. §§ 10-234aa to 10-234dd.
   2. The district shall maintain and update an Internet web site with information relating to all contracts entered into pursuant to Subsection I, above. On or before September 1st of each school year, the Board shall electronically notify students and the parents or legal guardians of students of the address of such Internet website. Not later than five (5) business days after executing a contract pursuant to this subsection, the Board shall post notice of such contract on the Board’s website. The notice shall:
      1. State that the contract has been executed and the date that such contract was executed;
      2. Provide a brief description of the contract and the purpose of the contract; and
      3. State what student information, student records or student-generated content may be collected as a result of the contract.
   3. For purposes of this subsection, upon receipt of notice of a breach of security that results in the unauthorized release, disclosure or acquisition of directory information, student information, student records or student-generated content, the Board shall electronically notify, not later than two business days after receipt of such notice, the student and the parents or guardians of the student whose information is involved in such breach. The Board shall thereafter post notice of such breach on the Board’s Internet web site. The Internet posting shall comply with the requirements of FERPA. All questions and concerns relative to breach of security shall be referred to the Superintendent of Schools.
   4. For purposes of this subsection, the following definitions are applicable:
      1. Consultant means a professional who provides noninstructional services, including but not limited to, administrative, planning, analysis, statistical or research services, to the Board pursuant to a contract with the Board.
      2. Operator means any person who (a) operates an Internet web site, online service or mobile application with actual knowledge that such Internet web site, online service or mobile application is used for school purposes and was designed and marketed for school purposes, to the extent it is engaged in the operation of such Internet web site, online service or mobile application, and (b) collects, maintains or uses student information.
      3. School Purposes means purposes that customarily take place at the direction of a teacher or the Board, or aid in the administration of school activities, including but not limited to instruction in the classroom, administrative activities and collaboration among students, school personnel or parents or legal guardians of students.
      4. Student means a person who is a resident of the state and (a) enrolled in a preschool program participating in the state-wide public school information system, pursuant to Conn. Gen. Stat. § 10-10a; (b) enrolled in grades kindergarten to twelve, inclusive, in a school under the jurisdiction of the Board; (c) receiving special education and related services under an individualized education program; or (d) otherwise the responsibility of the Board.
      5. Student Information means personally identifiable information or material of a student in any media or format that is not publicly available and is any of the following:
         1. Created or provided by a student or the parent or legal guardian of a student, to the operator in the course of the student, parent or legal guardian using the operator’s Internet web site, online service or mobile application for school purposes;
         2. Created or provided by an employee or agent of the Board to an operator for school purposes;
         3. Gathered by an operator through the operation of the operator’s Internet web site, online service or mobile application and identifies a student, including but not limited to, information in the student’s records or electronic mail account, first or last name, home address, telephone number, date of birth, electronic mail address, discipline records, test results, grades, evaluations, criminal records, medical records, health records, Social Security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious affiliations, text messages, documents, student identifiers, search activity, photographs, voice recordings, survey responses or behavioral assessments.
      6. Student Record means any information directly related to a student that is maintained by the Board or any information acquired from a student through the use of educational software assigned to the student by a teacher or employee of the Board, except student record does not include de-identified student information allowed under the contract to be used by the consultant or operator to:
         1. Improve educational products for adaptive learning purposes and customize student learning;
         2. Demonstrate the effectiveness of the contractor’s products in the marketing of such products; and
         3. Develop and improve the consultant’s or operator’s products and services.
   5. Notwithstanding anything in this Subsection to the contrary, the Board may use an operator’s or consultant’s services without entering into a contract as described above, if the use of an Internet web site, online service or mobile application operated by a consultant or an operator is unique and necessary to implement a child’s individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973 and such Internet website, online service or mobile application is unable to comply with the provisions of Conn. Gen. Stat. § 10-234bb, provided:
      1. Such Internet web site, online service or mobile application complies with FERPA and the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time;
      2. The Board can provide evidence that it has made a reasonable effort to:
         1. enter into a contract with such consultant or operator to use such Internet web site, online service or mobile application, in accordance with the provisions of Conn. Gen. Stat. § 10-234bb; and
         2. find an equivalent Internet web site, online service or mobile application operated by a consultant or an operator that complies with the provisions of Conn. Gen. Stat. § 10-234bb;
      3. The consultant or operator complies with the provisions of Conn. Gen. Stat. § 10-234cc for such use; and
      4. The parent or legal guardian of such child, and, in the case of a child with an individualized education program, a member of the planning and placement team, signs an agreement that:
         1. acknowledges such parent or legal guardian is aware that such Internet web site, online service or mobile application is unable to comply with the provisions of Conn. Gen. Stat. § 10-234bb; and
         2. authorizes the use of such Internet web site, online service or mobile application.
      5. The Board shall, upon the request of a parent or legal guardian of a child, provide the evidence described in Subsection 5.b, above.

VIII. REDISCLOSURE OF EDUCATION RECORDS

1. The school district may disclose personally identifiable information from an education record only on the conditions that:
   1. the party to whom the information is disclosed will not subsequently redisclose the information to any other party without the proper consent of the parent or eligible student, and
   2. the officers, employees, and agents of a party that receives such information may only use the information for the purposes for which disclosure was made.
2. Notwithstanding the provisions of Section A above, the school district may disclose personally identifiable information from an education record with the understanding that the information may be redisclosed by the recipient of the information as long as prior written consent for disclosure is not required, for one of the reasons listed in Article VII, Section C above, and at least one of the following conditions is met.
   1. The record of the original disclosure includes the names of the parties to whom redisclosure is being made and the legitimate interests each such party has in requesting or obtaining the information.
   2. The original disclosure was to a state or local educational authority or federal official or agency as set forth in Article VII, Section C, and such state or local educational authority or federal official or agency has complied with the requirements of 34 C.F.R. § 99.32(b)(2).
   3. In the case of disclosures made pursuant to a court order or lawfully issued subpoena, the district has made a reasonable effort to notify the parent or eligible student in advance of compliance with the subpoena (except if such subpoena meets the criteria set forth above in Article VII, Section C (10)).
   4. Disclosure is made to a parent, an eligible student, or the parent of an eligible student.
   5. The information is considered directory information.
3. In the event that the Student Privacy Policy Office determines that a third party outside of the school district has improperly redisclosed personally identifiable information from education records in violation of FERPA, the school district may not allow that third party access to personally identifiable information from education records for at least five (5) years.

IX. AMENDMENT OF EDUCATION RECORDS

1. If a parent or an eligible student believes that information in the student’s education records is inaccurate, misleading or in violation of the student’s right to privacy, he/she is entitled to:
   1. Request in writing that the school district amend the records;
   2. Receive within a reasonable period of time a decision from the school district with respect to its decision on the amendment(s) requested by the parent or eligible student.
2. If the school district decides to amend the records, the school district shall promptly take such steps as may be necessary to put the decision into effect with respect to the requested amendments, and shall inform the parent or eligible student of the amendment.
3. If the school district decides that an amendment of the records in accordance with the request is not warranted, it shall so inform the parent or eligible student and advise him/her of the right to a hearing pursuant to this policy.

X. HEARING RIGHTS AND PROCEDURES

1. Rights
   1. Upon written request of a parent or eligible student to the Superintendent of Schools, an opportunity for a hearing shall be provided to challenge the content of a student’s education records on the grounds that the information contained in the education records is inaccurate, misleading, or otherwise in violation of the privacy rights of the student.
   2. If, as a result of the hearing, the school district decides that information contained in the education records of a student is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, the records shall be amended, and the parent or eligible student shall be informed in writing.
   3. If, as a result of the hearing, the school district decides that information contained in the education records of a student is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, the parent or eligible student shall be informed of the right to place in the student’s education records a statement commenting on the contested information or stating why he or she disagrees with the district’s decision, or both.
      1. Any statement placed in the records of the student shall be maintained by the school system as part of the records of the student as long as the record or contested portion is maintained by the school system.
      2. If the contested portion of the education record is disclosed by the school system, the statement of disagreement by the parents and/or eligible student shall also be disclosed.
2. Procedures
   1. The hearing shall be held within a reasonable time after the school system has received the request, unless the parent or eligible student requests a delay.
   2. The parent or eligible student shall be given notice of the date, place, and time of the hearing, within a reasonable time in advance of the hearing.
   3. The hearing will be conducted by a person or persons appointed by the Superintendent of Schools. This person(s) shall be knowledgeable of the policies relating to confidentiality and shall not have a direct interest in the outcome of the hearing.
   4. The parent or eligible student and the school system shall have the right to be represented by person(s) of their choosing at their own expense, to cross-examine witnesses, to present evidence, and to receive a written decision of the hearing.
   5. The decision reached through the hearing shall be made in writing within a reasonable period of time after the hearing. The decision will be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.

XI. WAIVER OF RIGHTS

1. A student who is an applicant for admission to an institution of post-secondary education, or is in attendance at an institution of post-secondary education, may waive his or her right to inspect and review confidential letters and confidential statements of recommendations with the following limitations:
   1. The student is notified, upon request, of the names of all individuals providing the letters or statements.
   2. The letters or statements are used only for the purpose for which they were originally intended.
   3. The waiver is not required by the district as a condition of admission to or receipt of any other service or benefit from the district.
   4. The waiver is in writing and executed by the student, regardless of age, rather than by the parent.
2. A waiver may be revoked with respect to any actions occurring after the revocation.
3. Revocation of a waiver must be in writing.

XII. SPECIAL CONFIDENTIALITY PROCEDURES FOR HIV-RELATED INFORMATION

1. The following definitions shall apply to Article XII of this policy:
   1. Confidential HIV-Related Information

      “Confidential HIV-related information” means any information pertaining to the protected individual or obtained pursuant to a release of confidential HIV-related information, concerning whether a person has been counseled regarding HIV infection, has been the subject of an HIV-related test, or has HIV infection, HIV-related illness or AIDS, or information which identifies or reasonably could identify a person as having one or more of such conditions, including information pertaining to such individual’s partners.

   2. Health Care Provider

      “Health Care Provider” means any physician, dentist, nurse, provider of services for the mentally ill or persons with intellectual disabilities, or other person involved in providing medical, nursing, counseling, or other health care, substance abuse or mental health service, including such services associated with, or under contract to, a health maintenance organization or medical services plan.

   3. Protected Individual

      “Protected individual” means a person who has been counseled regarding HIV infection, is the subject of an HIV-related test or who has been diagnosed as having HIV infection, AIDS or HIV-related illness.

   4. Release of confidential HIV-related information

      “Release of confidential HIV-related information” means a written authorization for disclosure of confidential HIV-related information which is signed by the protected individual, if an eligible student, or a person authorized to consent to health care for the individual and which is dated and specifies to whom disclosure is authorized, the purpose for such disclosure and the time period during which the release is to be effective. A general authorization for the release of medical or other information is not a release of confidential HIV-related information, unless such authorization specifically indicates its dual purpose as a general authorization and an authorization for the release of confidential HIV-related information.

   5. School Medical Personnel

      "School medical personnel” means an employee of the Board who is a school nurse or the school district medical adviser.

2. Confidentiality of HIV-related Information
   1. All school staff must understand that no person who obtains confidential HIV-related information regarding a protected individual may disclose or be compelled to disclose such information. Each person who has access to confidential HIV-related information is responsible for ensuring that confidential HIV-related information is protected from disclosure and/or redisclosure.
   2. Confidential HIV-related information is not public information and any disclosure, other than to persons pursuant to a legally sufficient release or to persons authorized by law to receive such information without a legally sufficient release, violates the law and Board policy.
3. Accessibility of Confidential HIV-related Information
   1. No school staff member who obtains confidential HIV-related information may disclose or be compelled to disclose such information, except to the following:
      1. the protected individual, his/her legal guardian or a person authorized to consent to health care for such individual;
      2. any person who secures a release of confidential HIV-related information;
      3. a federal, state or local health law officer when such disclosure is mandated or authorized by federal or state law;
      4. a health care provider or health facility when knowledge of the HIV-related information is necessary to provide appropriate care or treatment to the protected individual or when confidential HIV-related information is already recorded in a medical chart or record and a health care provider has access to such record for the purpose of providing medical care to the protected individual;
      5. a medical examiner to assist in determining cause of death; or
      6. any person allowed access to such information by a court order.
4. Procedures
   1. If a school staff member, other than school medical personnel, is given confidential HIV-related information regarding a protected individual, who is also a student, from the student’s legal guardian or the student, the school staff member shall attempt to secure a release of confidential HIV-related information for the sole purpose of disclosing such information to school medical personnel.
   2. If a school medical personnel member is given confidential HIV-related information regarding a protected individual, who is also a student, by a student’s legal guardian, or by the student, and the legal guardian or the student requests accommodations to the student’s program for reasons related thereto, the school medical personnel member shall inform the legal guardian or the student, if an eligible student, that a release of confidential HIV-related information is necessary before such information may be disclosed to other educational personnel capable of assessing the need for and implementing appropriate accommodations to the student’s program.
   3. Any school staff member who obtains confidential HIV-related information from a source other than the protected individual or his/her legal guardian, shall keep such information confidential and shall not disclose such information.
   4. No school staff member may disclose confidential HIV-related information to other school staff members without first obtaining a release of confidential HIV-related information.
   5. Any record containing confidential HIV-related information shall be maintained in a separate file, and shall not be subject to the provisions of this policy regarding accessibility of general student records.
   6. If school medical personnel determine that the health and safety of the student and/or others would be threatened if a release of confidential HIV-related information is not obtained, the school medical personnel may seek a court order authorizing disclosure. In such cases, such confidential HIV-related information may be disclosed as set forth in and subject to any limitation of such court order.
5. Disclosures Pursuant to a Release
   1. Any disclosure pursuant to a release shall be accompanied by a notice in writing stating, “This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by said law. A general authorization for the release of medical or other information is NOT sufficient for this purpose.”
   2. Oral disclosures must be accompanied or followed by the above notice within ten (10) days.
   3. Except for disclosures made to a federal, state or local health officer when such disclosure is mandated or authorized by federal or state law, a notation of all disclosures shall be placed in the medical record or with any HIV-related test result of a protected individual, who shall be informed of such disclosures on request.

XIII. CHILD ABUSE REPORTING

Nothing in this policy shall limit a mandated reporter’s responsibility to report suspected child abuse or neglect under the Board’s Child Abuse and Neglect Reporting Policy #4119 & #4120.

XIV. RIGHT TO FILE A COMPLAINT

FERPA affords parents and eligible students the right to file a complaint with the U.S. Department of Education concerning alleged failures by the school district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-8520

Legal References:

State Law:

Conn. Gen. Stat. § 1-210 et seq.
Conn. Gen. Stat. § 10-220h
Conn. Gen. Stat. § 10-15b
Conn. Gen. Stat. § 10-233d
Conn. Gen. Stat. § 10-234aa
Conn. Gen. Stat. § 10-234bb
Conn. Gen. Stat. § 10-234cc
Conn. Gen. Stat. § 10-234dd
Conn. Gen. Stat. § 10-234ff
Conn. Gen. Stat. § 10-234gg
Conn. Gen. Stat. § 10-220d
Conn. Gen. Stat. § 10-253
Conn. Gen. Stat. § 17-16a
Conn. Gen. Stat. § 17a-28
Conn. Gen. Stat. § 17a-101k
Conn. Gen. Stat. § 19a-581 et seq.
Conn. Gen. Stat. § 46b-134

Regs. Conn. State Agencies § 10-76d-18

State Department of Education, Guidance on Civil Rights Protections and Supports for Transgender Students, June 2017

State Department of Education, Guidance on Civil Rights Protections and Supports for Transgender Students: Frequently Asked Questions, June 2017

State Department of Education memorandum dated December 21, 2010, on school choice recruitment

Office of the Public Records Administrator, Retention Schedule M8-Education Records, Revised 2/2005, available at http://ctstatelibrary.org/wp-content/uploads/2015/07/M8.pdf

 

Federal Law:

Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g

USA Patriot Act of 2001, Pub. L. No. 107-56

Every Student Succeeds Act, Pub. L. No. 114-95

Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 111-296

The McKinney-Vento Homeless Education Assistance Act, 42 U.S.C. §§ 11431 et seq., as amended by Every Student Succeeds Act, Pub. L. No. 114-95.

34 C.F.R. §§ 99.1 - 99.67
34 C.F.R. § 106.45
34 C.F.R. §§ 300.560 - 300.576
Balancing Student Privacy and School Safety:  A Guide to the Family Educational Rights and Privacy Act for Elementary and Secondary Schools, U.S. Department of Education (October 2007), available at http://www.ed.gov/policy/gen/guid/fpco/ferpa/safeschools/.

Date of Adoption:  December 12, 2023
 

#5200 Americans with Disabilities Act/Section 504

Section 504 of the Rehabilitation Act of 1973 (“Section 504”) prohibits discrimination against individuals with a disability in any program receiving Federal financial assistance.  Similarly, Title II of the Americans with Disabilities Act of 1990 (“Title II” or “ADA”) prohibits discrimination against individuals with a disability by state and local governments.  To be protected under Section 504 and the ADA (“collectively, “Section 504/ADA”), an individual must (1) have a physical or mental impairment that substantially limits one or more major life activities; (2) have a record of such an impairment; or (3) be regarded as having such an impairment.  

In order to fulfill its obligation under Section 504/ADA, the Madison Public Schools recognize a responsibility to avoid discrimination in policies and practices regarding its personnel, students, parents/guardians and members of the public who participate in school sponsored programs, which may require reasonable modifications to such policies and practices.  In this regard, the Madison Public Schools prohibit discrimination against any person with a disability in any of the services, programs or activities of the school system.  

The  District has specific responsibilities under Section 504 to identify, evaluate and provide an educational placement for students who have a physical or mental impairment that substantially limits a major life activity.  The school district’s obligation includes providing access to a free appropriate public education (“FAPE”) for students determined to be eligible under Section 504/ADA.  Under Section 504, FAPE is defined as the provision of regular or special education and related services that are designed to meet the individual educational needs of a student with a disability as adequately as the needs of students without disabilities are met, and that are provided without cost (except for fees similarly imposed on nondisabled students/parents).  

If a student’s parent/guardian disagrees with the decisions made by the professional staff of the school district with respect to the identification, evaluation or educational placement of their child, such parent/guardian has the right to request an impartial due process hearing.

In addition, a student or parent/guardian of a student may also file an internal grievance/complaint on these issues or any other type of discrimination on the basis of disability by or within the district by utilizing the grievance/complaint procedures outlined in the Board’s Administrative Regulations Regarding Students and Section 504 of Rehabilitation Act of 1973 and Title II of Americans with Disabilities Act, and/or may file a complaint with the Office for Civil Rights, U.S. Department of Education (“OCR”):

Office for Civil Rights, Boston Office
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA  02109- 3921
(617) 289-0111

Anyone who wishes to file a grievance/complaint with the district, or who has questions or concerns about this policy, should contact the Director of Special Education, the Section 504/ADA Coordinator for the Madison Public Schools, at 203-245-6341.

Legal References:    

29 U.S.C. §§ 705, 794
34 C.F.R. Part 104
42 U.S.C. § 12101 et seq.
28 C.F.R. Part 35
            
Protecting Students with Disabilities, Frequently Asked Questions About Section 504 and the Education of Children with Disabilities, Office for Civil Rights (March 17, 2011), available at http://www.ed.gov/about/offices/list/ocr/504faq.html 

Dear Colleague Letter, United States Department of Education, Office for Civil Rights (January 19, 2012)

Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline Under Section 504 of the Rehabilitation Act of 1973, Office for Civil Rights (July 2022), available at https://www2.ed.gov/about/offices/list/ocr/docs/504-discipline-guidance.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term 

Date of Adoption:  November 4, 1999
Technical Revision:  August 22, 2006
Technical Revision:  June 1, 2010
Date of Revision:  February 13, 2018
Date Adopted:  December 15, 2020
Date of Revision: March 7, 2023

Date of Revision: November 26, 2024

Regulation 5210

(formerly Acceptable Use of Computer Equipment and Related Systems, Software & Networks)

Computers, computer networks, electronic devices, Internet access, and electronic messaging systems are effective and important technological resources. The Madison Board of Education (the “Board”) has installed computers and a computer network(s), including Internet access and electronic messaging systems on Board premises and may provide other electronic devices that can access the network(s) and/or have the ability to send and receive messages with an operating system or network communication framework.  Devices include but are not limited to personal computing devices, cellular phones, Smartphones, network access devices, radios, tablets, walkie-talkies, personal gaming systems, Bluetooth speakers, personal data assistants, and other electronic signaling devices.  Electronic messaging systems include mobile, chat, and instant message; cloud collaboration platforms, including internal chat, peer-to-peer messaging systems, and draft email message transfer; and products that have the ability to create duration-based or subjective removal of content, such as Snapchat, and security focused platforms, such as Signal.  The Board’s computers, computer network, electronic devices, Internet access, and electronic messaging systems are referred to collectively as "the computer systems" and are provided in order to enhance both the educational opportunities for our students and the business operations of the district.  

These computer systems are business and educational tools.  As such, they are made available to students in the district for education-related uses.  The Administration shall develop regulations setting forth procedures to be used by the Administration in an effort to ensure that such computer systems are used by students solely for education-related purposes.  The Board will educate minor students about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response.  Additionally, the Board will implement a technology protection measure to block or filter Internet access to visual depictions that contain material that is obscene or obscene as to minors or contains child pornography, and ensure that such filtering technology is operative during computer use by minor students to the extent practicable when such students are using Board-owned computers or devices and Board-provided Internet access.  
  
As the owner of the computer systems, the Board reserves the right to monitor the use of the district’s computers and computer systems.

Legal References:     

• Conn.  Gen. Stat. § 10-221
• Conn. Gen. Stat. §§ 53a-182b; 53a-183; 53a-250 
• Electronic Communication Privacy Act of 1986, Public Law 99-508, codified at 18 U.S.C. §§ 2510 through 2520 
• Children’s Internet Protection Act, Pub. L. 106-554, codified at 47 U.S.C. § 254(h)
• No Child Left Behind Act of 2001, Pub. L. 107-110, codified at 20 U.S.C. § 6777
• Protecting Children in the 21st Century Act, Pub. Law 110-385, codified at 47 U.S.C. § 254(h)(5)(B)(iii)

Date of Adoption: November 4, 1999
Date of Revision: August 16, 2005
Date of Revision: May 15, 2012
Date of Revision:  June 6, 2023

#5220 Improve Completion Rates of the Free Application for Federal Student Aid (FAFSA)

The Madison Board of Education (the “Board”) understands that completion of the Free Application for Federal Student Aid (“FAFSA”) is an important step in the path to postsecondary education and is associated with higher rates of college enrollment.  The Board is committed to improving the completion rates of the FAFSA for students enrolled in the Madison Public Schools (the “District”).

In order to improve the completion rates of the FAFSA by students enrolled in grade twelve in the District, the District shall develop a systematic program through which such students are educated about the purpose and content of the FAFSA, encouraged to complete the FAFSA, and assisted in the completion of the FAFSA, as may be necessary and appropriate.  The Board directs the Superintendent or designee to conduct periodic assessments of such regulations, at least annually, to determine effectiveness in improving completion rates of the FAFSA. 

Any information contained in a FAFSA, held by the Board, shall not be a public record for purposes of the Freedom of Information Act and thus shall not be subject to disclosure under the provisions of section 1-210 of the Connecticut General Statutes.

Each year, the Superintendent or designee will report to the Board the FASFA completion rate for each high school in the District. 

The Board may accept gifts, grants and donations, including in-kind donations, to implement the provisions of this policy. 

Legal Reference:

Conn. Gen. Stat. § 10a-11i
Conn. Gen. Stat. § 10-223m

Date of Adoption:    November 29, 2022

#5050 Student Privacy

In accordance with federal law, the Madison Board of Education (the “Board”) adopts, in consultation with parents, the following provisions related to student privacy.        

I. Definitions

1. "Invasive physical examination" means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.  
2. "Parent" includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child).
3. "Personally identifiable information" includes, but is not limited to,
   1.  the student’s name;
   2.  the name of the student’s parent or other family members; 
   3.  the address of the student or student’s family; 
   4.  a personal identifier, such as the student’s social security number, student number, or biometric record; 
   5.  other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
   6.  information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. 
4. "Personal information" means individually identifiable information including—
   1. a student's or parent's first and last name;
   2. a home or other physical address (including a street name and the name of a city or town);
   3. a telephone number; or
   4. a Social Security identification number.
5.  "Survey" includes an evaluation, but does not include a survey or evaluation administered to a student in accordance with the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.).

II. Student Surveys

1. Surveys Funded in Whole or in Part by the U.S. Department of Education:
   1. The administration shall make available for inspection by parents all instructional materials, including teacher’s manuals, films, tapes or other supplementary material which will be used in connection with any survey, analysis, or evaluation funded in whole or in part by the U.S. Department of Education.
   2. The administration shall obtain the prior written consent of the parent or student (if the student is an adult or an emancipated minor), prior to requiring a student to submit to a survey, analysis, or evaluation funded in whole or part by the U.S. Department of Education that reveals information concerning any of the following topics:
      1. political affiliations or beliefs of the student or the student's parent;
      2. mental or psychological problems of the student or the student's family;
      3. sex behavior or attitudes;
      4. illegal, anti-social, self-incriminating, or demeaning behavior;
      5. critical appraisals of other individuals with whom respondents have close family relationships;
      6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
      7. religious practices, affiliations, or beliefs of the student or of the student's parent; or
      8. income (other than that required by law to determine eligibility in a program or for receiving financial assistance under such program).
   3. If a student is not required to submit to a survey, analysis, or evaluation that reveals information concerning any of the topics in Section II.A.2 above, the administration shall provide parents with notice of the district’s intent to distribute such survey and, upon written request, shall permit the parent or student (if an adult or emancipated minor) to opt out of participation.
2. Surveys Funded by Sources Other than the U.S. Department of Education:
   1. Third Party Surveys
      1. Prior to distributing any third party survey, the administration shall give notice to parents of the district's intent to distribute a survey on behalf of a third party.
      2. Upon request, the administration shall permit parents to inspect any third party survey before it is administered or distributed by a school to a student. The administration shall grant reasonable access to the survey within a reasonable period of time after a parental request is received.
      3. Student responses to third party surveys that contain personally identifiable information shall be considered student records, and shall be subject to the district's Confidentiality and Access to Student Records Policy and any administrative regulations or procedures governing the confidentiality of student records.
   2. Confidential Topic Surveys
      1. The provisions of this subsection apply to any survey (sponsored by the school district or a third party) which contains questions pertaining to one or more of the following items ("Confidential Topic Surveys"):
         1. political affiliations or beliefs of the student or the student's parent,
         2. mental or psychological problems of the student or the student's family,
         3. sex behavior or attitudes,
         4. illegal, anti-social, self-incriminating, or demeaning behavior,
         5. critical appraisals of other individuals with whom respondents have close family relationships,
         6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers,
         7. religious practices, affiliations, or beliefs of the student or of the student's parent,
         8. income (other than that required by law to determine eligibility in a program or for receiving financial assistance under such program).
      2. At the beginning of the school year, the administration shall give direct notice to parents of affected students of the district's intent to distribute a Confidential Topic Survey(s). Such notice shall include the specific or approximate dates during the school year of such distribution.
      3. Upon request, the administration shall permit parents to inspect any Confidential Topic Survey before it is administered, distributed or used by a school to or with a student. The administration shall grant reasonable access to the Confidential Topic Survey within a reasonable period of time after a parental request is received.
      4. Student responses to any Confidential Topic Survey that contain personally identifiable information shall be considered student records, and shall be subject to the district's Confidentiality and Access to Student Records Policy and any administrative regulations or procedures governing the confidentiality of student records.
      5. Upon written request, the administration shall permit the parent or student (if an adult or emancipated minor) to opt out of participation in any Confidential Topic Survey described in this subparagraph.

III. Collection of Personal Information

1. The provisions of this subsection apply to any instrument designed to collect personal information from a student for the purpose of marketing, selling or otherwise distributing such information or providing that information to others for that purpose.
2. At the beginning of the school year, the administration shall give direct notice to parents of affected students (or to the students aged eighteen (18) or older or emancipated minors) of the district's intent to collect, disclose or use personal information collected from students for the purpose of marketing, selling or otherwise distributing such information or providing that information to others for that purpose. Such notice shall include the specific or approximate dates during the school year of such collection, disclosure or use of personal information.
3. Upon written request, the administration shall permit parents to inspect an instrument designed to collect personal information of students before it is administered or distributed by a school to a student. The administration shall grant reasonable access to the instrument within a reasonable period of time after a parental request is received.
4. Upon written request, the administration shall permit parents (or students aged eighteen (18) or older or emancipated minors) to opt out of participation in the collection, disclosure or use of personal information obtained from students for the purposes of marketing, selling or otherwise distributing the personal information to others for that purpose.
5. The provisions regarding the collection, disclosure and/or use of personal information do not apply to personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following:
   1. college or other post-secondary education recruitment, or military recruitment*;
   2. book clubs, magazines, and programs providing access to low-cost literary products;
   3. curriculum and instructional materials used by elementary schools and secondary schools;
   4. tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students;
   5. the sale by students of products or services to raise funds for school-related or education-related activities;
   6. student recognition programs.

*Note: Notwithstanding the foregoing, the district will permit parents and students over the age of eighteen (18) or emancipated minors to prevent disclosure of secondary school students' names, addresses and telephone numbers to military recruiters and institutions of higher education, in accordance with the district's Confidentiality and Access to Student Records Policy.

IV. Non-Emergency Invasive Physical Examinations and Screenings

1. The provisions described in this subparagraph shall apply to any non-emergency, invasive physical examinations/screenings conducted by the school district, when such examinations/screenings meet the following conditions:
   1. they are required as a condition of attendance;
   2. they are administered by the school and scheduled by the school in advance;
   3. they are not necessary to protect the immediate health and safety of the students; and
   4. they are not required by state law.
2. At the beginning of the school year, the administration shall give direct notice to parents of affected students (or the affected student if eighteen (18) or older or an emancipated minor) of the district's intent to conduct non-emergency invasive physical examination(s)/ screening(s) described above, except for hearing, vision or scoliosis screenings. Such notice shall include the specific or approximate dates during the school year of the administration of such the non-emergency invasive physical examination(s)/ screening(s).
3. Upon written request, the administration shall permit parents of affected students or the affected students (if adults or emancipated minors) to opt out of participation in the non-emergency invasive physical examination(s)/screening(s) described in this subparagraph.

V. Complaint Procedure

Parents or students (if adults or emancipated minors) who believe that their rights under this policy have been violated may file a complaint with:

Student Privacy Policy Office
United States Department of Education
400 Maryland Avenue, SW Washington, D.C. 20202-5920

 

Legal References:

• Family Educational Rights and Privacy Act (FERPA), U.S.C. § 1232g; 34 CFR Part 99
• Protection of Pupil Rights Amendment, 20 U.S.C. § 1232h
• UNITED STATES DEPARTMENT OF EDUCATION, STUDENT PRIVACY POLICY OFFICE, Protection of Pupil Rights Amendment (PPRA), SPPO-21-01 (issued November 24, 2020)  

Date of Adoption:   March 19, 2024