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Table of Contents SUPERINTENDENT S MESSAGE 6 RPS STRATEGIC PLAN 7 Equity Belief Statements 9 OFFICE OF SCHOOL SUPPORT CONTACT INFORMATION 10 Have a concern Use the communication tree 10 GENERAL PRINCIPLES AND INTRODUCTION TO PBIS 11 CODE OF STUDENT CONDUCT 12 RESPONSES TO VIOLATIONS OF CODE OF STUDENT CONDUCT 13 I LEVEL I OFFENSES 13 II LEVEL II OFFENSES 15 1 CST Special Education and Section 504 Referrals 17 2 In School Suspension 17 3 Interim Alternative Educational Placements 18 5 Expulsion 19 6 Alternative Educational Services and Readmission Plans 20 FREQUENTLY ASKED QUESTIONS 21 1 Who should families contact with questions related to discipline issues 21 2 What is the role of a School Resource Officer SRO 21 3 How does RPS address attendance issues 22 4 How does RPS treat behavior on school buses and vans 22 5 How does RPS treat behavior in school parking lots 22 6 Is there an appeals process for student discipline 23 APPENDIX 24 I LEVEL I BEHAVIORS DEFINED 24 Cheating and Plagiarism 24 Dishonesty 24 Dress Code Violation 24 Failure to Follow Instructions 24 Horseplay and Play Fighting 24 Inappropriate Language 24 Inappropriate Physical Contact with Another Person 25 Leaving Class Without Permission 25 Misuse of Property 25 Misuse of Technology 25 Tardiness 25 Teasing and Name Calling 25 II LEVEL II BEHAVIORS DEFINED 27 Page 2

Abusive Language 27 Arson 27 Bullying 27 Discrimination 28 Fighting 28 Gang Activity 28 Harassment 28 Hazing 29 Illegal Conduct 29 Physical Aggression 29 Possession of Weapons Explosives Incendiary Devices or Combustible Substances 29 Possession Distribution or Use of Alcohol Drugs and Tobacco or Paraphernalia 30 Property Damage 30 Sexual Assault 30 Sexual Misconduct 30 Substantial Interruption to the Learning Environment 30 Theft 31 Threats of Violence 31 Trespassing 31 III DISCIPLINE GUIDELINES FOR SPECIAL EDUCATION STUDENTS 32 IV RIGHTS RULES AND REGULATIONS 33 100 School District 33 400 Employees Personnel 33 500 Students 33 600 Education Programs 33 700 Business 34 800 Buildings and Sites 34 900 School District Community Relations 34 V DISTRICT POLICY 506 34 I PURPOSE 35 II GENERAL STATEMENT OF POLICY 35 III AREAS OF RESPONSIBILITY 36 IV STUDENT RESPONSIBILITIES 37 V CODE OF STUDENT CONDUCT 37 VI INTERVENTIONS FOR VIOLATIONS OF CODE OF CONDUCT 39 VII REMOVAL OF STUDENTS FROM CLASS 40 VIII OPEN ENROLLED STUDENTS 41 IX STUDENT DISCIPLINE RECORDS 42 X DISTRIBUTION OF POLICY 42 XI REVIEW OF POLICY 42 Page 3

V DISTRICT POLICY 522 42 I GENERAL STATEMENT OF POLICY 42 II SEX DISCRIMINATION COMPLAINTS NOT INVOLVING SEXUAL HARASSMENT 43 III GENERAL POLICY PROHIBITING SEXUAL HARASSMENT 43 IV DEFINITIONS 43 V REPORTING PROHIBITED CONDUCT 46 VI RETALIATION PROHIBITED 46 VII DISSEMINATION OF POLICY 47 VIII RECORDKEEPING 47 IX APPLICATION OF LAWS OTHER THAN TITLE IX 48 X GRIEVANCE PROCEDURE AND PROCESS 48 I BASIC REQUIREMENTS FOR GRIEVANCE PROCESS 48 II INITIAL RESPONSE AND ASSESSMENT BY THE TITLE IX COORDINATOR 50 III STATUS OF RESPONDENT DURING PENDENCY OF FORMAL COMPLAINT 51 IV INFORMAL RESOLUTION OF A FORMAL COMPLAINT 52 V DISMISSAL OF A FORMAL COMPLAINT 52 VI INVESTIGATION OF A FORMAL COMPLAINT 53 VII DETERMINATION REGARDING RESPONSIBILITY 53 VIII APPEALS 54 VI DISTRICT POLICY 524 55 I PURPOSE 56 II DEFINITION 56 III GENERAL STATEMENT OF POLICY 56 IV LIMITED EDUCATIONAL PURPOSE 56 V USE OF SYSTEM IS A PRIVILEGE NOT A RIGHT 56 VI UNACCEPTABLE USES 57 VII FILTER 59 VIII CONSISTENCY WITH OTHER SCHOOL POLICIES 59 IX NO REASONABLE EXPECTATION OF PRIVACY 60 X INTERNET USE AGREEMENT 60 XI LIMITATION ON SCHOOL DISTRICT LIABILITY 61 XII USER NOTIFICATION 61 XIV IMPLEMENTATION POLICY REVIEW 62 VIII STUDENT HEALTH 63 STUDENT HEALTH 63 INFECTIOUS DISEASES 63 HEAD LICE 63 CONJUNCTIVITIS PINKEYE 63 VISION AND HEARING SCREENINGS 63 MENTAL HEALTH 64 Page 4

Frequently Asked Questions 65 I am worried about my own mental health What can I do 65 Will you tell my parents 65 What should I expect if I schedule an appointment with a member of the Emotional and Mental Well being Team 65 Where can I learn more 65 IX Notification of Rights Under FERPA 65 X Student Privacy Information 68 Procedure for Making Any Student s Directory Information Private 68 Disclosure of Data to Military Recruitment Officers and Post Secondary Educational Institutions 68 Student Technology Device Use Agreement 73 XIII ACKNOWLEDGEMENT OF STUDENT HANDBOOK 77 NOTES 78 Para asistencia en espa ol por favor marque al 507 328 4241 Za pomoc na bosanskom jeziku pozovite 507 328 4243 328 4246 Haddii aad jeclaan lahayd in aad hesho macluumaadkaan oo ku qoran Soomaali fadlan la soo xiriir waaxda EL bartaha ingariiska 507 328 4247 Page 5

SUPERINTENDENT S MESSAGE Dear RPS Families We have experienced so much together over the last few years since my tenure began at RPS Last year we kicked off our Strategic Plan and though we ve made significant progress we have a ways to go I look forward to starting this new year and continuing that progress One level of our building blocks in the Strategic Plan is to create community by enhancing belonging and behavior so that all students feel accepted and safe at school This Student Handbook is designed to assist with inspiring challenging and empowering all students It is closely aligned with RPS s Positive Behavior Interventions and Supports Model PBIS a framework that assists schools in identifying and implementing research based behavioral interventions in an effort to improve social and academic outcomes for all students PBIS is based on the idea that students learn appropriate behavior through instruction practice feedback and encouragement The teachers and the principal at your child s school will explain the rules for the classroom playground lunchroom and other building spaces School staff will help by teaching the rules more than once when needed They will call you if they need you to help your child understand the rules The handbook explains the rules and what may happen if the rules are not followed While rules and expectations are not always popular they help us put into words the types of behaviors that support a positive and inclusive learning climate and those that don t With learning as our top priority it s important that our school community agree to follow a set of behaviors most likely to help all members succeed Please take some time to read this important document and discuss it with your children Together we can help our students stay in class and in school so they can take advantage of the many learning opportunities available to them every day At the back of this Handbook you will find a form to complete indicating you have read this Handbook Please complete the acknowledgement form located at the end of the student handbook and return it to your school principal or follow the instructions to acknowledge you ve read the handbook online through Skyward s student information verification If you have questions or concerns about this Handbook or the support we offer please contact your child s principal or our Office of School Support at 507 328 4300 Sincerely Kent Pekel Ed D Superintendent of Schools Page 6

RPS STRATEGIC PLAN Page 7

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Equity Belief Statements We acknowledge that Rochester Public Schools RPS sites are situated on ancestral lands of the Dakota people We acknowledge and honor the Dakota Nations and the sacred land of all Indigenous peoples We believe equity is a lens through which all decisions should be made We believe in the use of people first and asset based language Our emphasis lies on the person whereas their social identities are secondary We promote language that raises the visibility of personal stories creates empathy and recognizes the diverse assets that difference brings We believe the practices used in recruiting interviewing hiring supporting and promoting staff must include and honor at every level those who represent the diverse identities of our schools and community We believe it is the collective responsibility of all RPS staff to be actively and intentionally anti racist both individually and collectively and work to undo historical and current racist policies or actions both inside and outside the classroom This responsibility involves critical self awareness and self reflection recognizing and addressing bias dismantling racist cultures practices and procedures and increasing one s cultural responsiveness and cultural awareness We believe that all staff and students deserve a space to be their authentic selves We have a collective responsibility to ensure our schools provide a caring supportive and anti oppressive environment School communities should support the healthy positive development of students and help them grow their unique gifts and talents We believe that one s gender and sexuality are important parts of one s identity which deserve to be genuinely accepted and valued We believe that every student and staff member has the right to grow in a safe space and to be addressed by their preferred name and by pronouns which correspond to their gender identity We believe that communities parents caregivers teachers and community based organizations have unique and important solutions to improving outcomes for our students and educational systems True partnership with families and the community includes engaging them with respect listening authentically and having the courage to share decision making control and resources We believe that speaking a language other than English is an asset Our educational system must celebrate and enhance this ability while providing appropriate and culturally responsive support for emerging bilingual and multilingual students and families Students English development is stronger when home language maintenance is encouraged and facilitated Community partnerships are essential in providing multicultural and multilingual language supports for students and families We believe students receiving special education and gifted services are an integral part of our educational responsibility and we must welcome the opportunity to be inclusive make appropriate accommodations and celebrate their assets We believe we must remove barriers that prevent students from one or more historically marginalized groups from attaining high levels of academic achievement and growth Barriers include inequitable access to gifted services and other academic programming as well as over representation in special education and other intervention programs Page 9

APPROVED ON SEPTEMBER 15 2020 OFFICE OF SCHOOL SUPPORT CONTACT INFORMATION If you have questions regarding discipline please contact the Office of School Support Jacque Peterson Chief of Schools japeterson rochesterschools org 507 328 4300 Chris Lingen Director of School Support chlingen rochesterschools org 507 328 4300 Eric Johnson Director of Leadership Development erjohnson rochesterschools org 507 328 4300 Have a concern Use the communication tree Concern Action If you have a classroom concern Start by contacting the Teacher Was the concern resolved If not proceed with below If you have a school or program concern Call the Principal s office or Program Manager Was the concern resolved If not proceed with below If you have a district concern Contact the Office of School Support Was the concern resolved If not proceed with below If you cannot determine who to call Contact the Office of the Superintendent Was the concern resolved If not proceed with below If you have concerns or interest in Policy development or long range planning Contact the School Board Page 10

GENERAL PRINCIPLES AND INTRODUCTION TO PBIS Rochester Public School s mission is to inspire challenge and empower all students with the knowledge and skills required to reach their full potential to contribute to future generations and to become involved members of a global community In pursuit of this mission RPS has high expectations for student behavior and requires that all students demonstrate responsibility and appropriate behavior in the classroom on school grounds and at school sponsored events and activities RPS is committed to providing a safe supportive and orderly educational environment for all students RPS approach to student discipline is designed to utilize evidence based research in an effort to avoid situations in which students are unnecessarily removed from the classroom environment To that end RPS employs Positive Behavior Intervention and Supports commonly called PBIS PBIS is a framework that assists schools in identifying and implementing research based behavioral interventions in an effort to improve social and academic outcomes for all students PBIS is based on the idea that students learn appropriate behavior through instruction practice feedback and encouragement Key features of PBIS include outlining a clear set of defined positive expectations and behaviors the teaching of expected behaviors recognition of meeting expected behaviors monitoring and correcting errors in behaviors and using data based information for decision making monitoring and evaluating results at individual school sites Another aspect of PBIS involves the identification of three to five guiding behavioral expectations for students that are positively stated and easy to remember RPS places a district wide emphasis on the following three guiding expectations Be Respectful Be Responsible and Be Safe Behavioral expectations are taught to students using examples of specific positive behaviors that fall within these three expectations Each school site has a PBIS team which is responsible for creating specific school wide examples of appropriate behavior based on these guiding principles These examples are incorporated into a behavior matrix that is used at each school site Page 11

CODE OF STUDENT CONDUCT Maintaining a safe productive environment in school and in the classroom is a priority at RPS RPS is also committed to administering student discipline in a manner that ensures the fair and equitable treatment of all students when a staff member makes a disciplinary referral or imposes disciplinary sanctions The RPS School Board has adopted Policy 506 which outlines the School Board s expectations for student behavior and a Code of Student Conduct outlining examples of unacceptable student behavior A copy of Policy 506 is included in the Appendix to this Handbook This Handbook incorporates the expectations outlined in Policy 506 and provides information regarding how RPS Administration enforces the provisions of Policy 506 Students must follow the provisions of Policy 506 and this Handbook before during and after school The expectations outlined in Policy 506 and this Handbook apply inside school buildings on school grounds and at school related activities and events Students must also follow these expectations on school buses or vans and at bus stops An off campus violation of these expectations may result in disciplinary action taken by RPS if the violation has a direct and immediate effect on school discipline or the general safety and welfare of students or if the violation is a continuation of or has a nexus with misconduct that occurred on school grounds or at a school event Students and families should also note that the Minnesota State High School League MSHSL has behavioral expectations that apply to students who participate in MSHSL sanctioned activities The MSHSL s Official Handbook is available online at www mshsl org Please note Policy 506 is in the review process by the RPS School Board at the time of this publication This Student Handbook will be revised with the new policy upon its approval Page 12

RESPONSES TO VIOLATIONS OF CODE OF STUDENT CONDUCT RPS approach to student discipline aims to help students learn good behavior and to limit situations in which students are removed from their classroom or from school To that end RPS staff address student behavior issues using a two level approach Level I issues involve minor infractions that are addressed in the classroom by a teacher educator support professionals or other personnel Level II issues involve more serious infractions that require an office referral and are addressed by a school administrator or district level administrator Specific definitions for Level I and Level II offenses are included in the Appendix to this Handbook I LEVEL I OFFENSES The grid below identifies specific Level I offenses and the manner in which personnel are expected to respond to Level I offenses RPS Expectation Be Safe Be Respectful Be Responsible Violation of Expectation Horseplay and play fighting Inappropriate physical contact with another person Failure to follow instructions Dress code violation Leaving class without permission Inappropriate language Teasing and name calling Cheating and plagiarism Dishonesty Misuse of property Misuse of technology Tardiness Response to Violation For any Level I violation school personnel are expected to respond to the behavior by Reteaching positive expectations Having an individual student conference to discuss the behavior Additional tools that may be used in the classroom to address Level I behaviors include the following Buddy room intervention Check in Check out Communication with a parent or caregiver Creating a behavior contract that includes expected behaviors consequences for infractions and incentives for demonstrating positive behaviors Fix it plans restorative justice strategies Page 13

Having the student choose a method of apologizing or making amends to those harmed or offended by the student s behavior Loss of privileges Mediation Nonverbal classroom management strategies Providing a reflective activity Seat change Taking a break Since Level I offenses are intended to be addressed in the classroom RPS expects that classroom teachers will attempt to reteach expectations and conduct an individual student conference for any Level I offense School personnel may also employ the other strategies outlined in the chart above as appropriate under the circumstances of a specific situation While responses to Level I infractions will be designed to address student behavior without removing the student from class wherever possible there are circumstances in which a Level I offense may result in an office referral School personnel may make an office referral for Level I behavior under the following circumstances Repeated Level I Offenses School personnel may make an office referral for a Level I offense if a student has engaged in the same Level I behavior on multiple occasions the student s parent or guardian has been involved in efforts to address the student s behavior and school personnel have exhausted appropriate options for classroom interventions Prior to making a referral for repeated Level I behavior school personnel will do the following 1 attempt to reteach positive behavior expectations 2 conduct an individual conference with the student and 3 communicate with student s parent or guardian regarding the student s behavior Level I Offenses that Involve Level II Behaviors If a Level I offense includes behavior that falls within a defined Level II offense the offense will be treated as a Level II offense For example misuse of technology is generally considered a Level I offense However if a student s misuse of technology includes behavior that would constitute cyberbullying harassment or another Level II offense the violation will be treated as a Level II offense Special Circumstances RPS does not expect school personnel to allow a student to remain in the classroom if the student s presence would result in a risk of harm to persons or property or significantly disrupt the educational environment in the classroom For example if a student engages in the Level I offense of play fighting and continues to engage in the behavior despite efforts to employ interventions personnel may make an office referral in order to prevent the student from disrupting other students rights to receive an education In addition a Level I offense will be treated as a Level II offense if a student s behavior results in bodily injury to the student or another individual If school personnel make an office referral based on special circumstances RPS administration expects that the individual who made the referral will be able to explain upon an administration s request 1 what classroom interventions were implemented before the office Page 14

referral was made 2 why it was determined that additional classroom interventions would not be successful and 3 the specific basis for why school personnel believed an office referral was necessary II LEVEL II OFFENSES The grid below identifies specific Level II offenses and the manner in which site administrators are expected to respond to Level II offenses after an investigation has been completed RPS Expectation Be Safe Be Respectful Violation of Expectation Arson Fighting Gang activity Possession of weapons explosives incendiary devices or any type of combustible substance Physical aggression Threats of violence Abusive language Bullying Discrimination Harassment Hazing Illegal conduct Sexual assault Substantial interruption to the learning environment Trespassing Page 15

Be Responsible Possession distribution or use of alcohol drugs and tobacco or paraphernalia Property damage Sexual misconduct Theft Response to Violation Page 16

Any of the responses outlined in the Level I grid may be utilized by building administrators in response to a Level II violation These responses include but are not limited to Reteaching positive expectations Having an individual student conference to discuss the behavior Communicate with family In addition the following interventions may be utilized Administrative removal from school for less than one day Conference with student Consultation with or direct service from support staff such as a counselor equity specialist social worker or behavior specialist Expulsion In School Suspension Interim Alternative Educational Placement Out of School Suspension Referral for additional support services Referral to Student Intervention Team Restitution 1 CST Special Education and Section 504 Referrals Referrals to a Child Study Team CST as well as referrals for Special Education and Section 504 evaluations will be made in accordance with applicable legal requirements and procedures established by the Office of Academics Families and RPS personnel may contact the Office of Academics at 507 328 4310 with questions related to the referral process 2 In School Suspension In School Suspension ISS will be considered as a consequence for a Level II behavior when a building principal in consultation with instructional staff has determined that a student s behavior warrants removing a student from the classroom environment because 1 the student has failed to respond to interventions designed to address prior behavior issues without removing the student from class or 2 it is necessary to temporarily remove the student from classes in order to prevent a disruption to the learning environment ISS takes place in the regular school building and in a location outside of the general classroom setting In this setting students are given a quiet environment which is supervised throughout the day by school staff Teachers are responsible for providing work for each individual student to complete during the day During their time in ISS students will have access to materials to support their learning Teachers social workers and other school personnel are able to meet one on one with students during their time in ISS School Board Policy 506 consistent with Minnesota law allows RPS personnel to remove a student from class based upon the following grounds a Willful conduct that significantly disrupts the rights of others to an education including conduct that interferes with a teacher s ability to teach or communicate effectively with students in a class or with the ability of other students to learn Page 17

b Willful conduct that endangers surrounding persons including school district employees the student or other students or the property of the school c Willful violation of any rule of conduct specified in the discipline policy adopted by the board and d Other special circumstances in which a student s presence in the classroom would result in a risk of harm to persons or property or significantly disrupt the educational environment in the classroom Under Minnesota law a student must be removed from class immediately if the student engages in assault or violent behavior An assault is 1 an act done with intent to cause fear in another of immediate bodily harm or death or 2 the intentional infliction of or attempt to inflict bodily harm upon another 3 Interim Alternative Educational Placements RPS may unilaterally change the student s educational placement for a student receiving special education services 504 plan up to 45 school days if the student a Possesses a dangerous weapon at school on school premises or at a school function b Carries a dangerous weapon to school on school premises or at a school function c Knowingly possesses or uses illegal drugs at school on school premises or at a school function d Sells or solicits the sale of a controlled substance while at school on school premises or at a school function e Has inflicted serious bodily injury upon another person while at school on school premises or at a school function The IEP team determines the interim alternative educational setting at which the student will be placed Even though this is a temporary change the setting must allow the student a To continue to progress in the general curriculum although in a different setting b To continue to receive those services and modifications including those described in the student s IEP that will help the student meet his or her IEP goals and c Include services and modifications designed to prevent the behavior from recurring If the student is placed in an interim alternative educational setting an IEP team meeting must be convened within ten school days of the decision At this meeting the team must discuss the behavior and its relationship to the student s disability review evaluation information regarding the behavior consider teacher observations parent guardian input and determine the appropriateness of the student s IEP and any behavior plan 4 Out of School Suspension Minnesota law allows RPS to impose an out of school suspension whenever a student in Grades 3 12 engages in the following 1 Willful violation of any school board regulation Such regulation must be clear and definite to provide notice to students that they must conform their conduct to its requirements 2 Willful conduct that significantly disrupts the rights of others to an education or the ability of school personnel to perform their duties or school sponsored extracurricular activities or 3 Willful conduct that endangers the student or other students or surrounding persons including school district employees or property of the school Page 18

RPS administration strives to avoid out of school suspensions when other interventions may effectively address a student s behavior To that end RPS administrators generally reserve out ofschool suspensions for the following situations Possession or distribution of drugs or alcohol Possession of a weapon or incendiary device and A Level II offense resulting in bodily or emotional harm Substantial disruption to the learning environment Bodily or emotional harm means physical or emotional pain or injury illness or any impairment of physical or emotional condition RPS reserves the right to impose an out of school suspension in situations where it is determined that other interventions or consequences would not be an effective means to address behavior concerns Prior to imposing an out of school suspension that is not one of the three defined situations building administrators must contact the RPS Chief of Schools or the designee communicated to administrators at the beginning of each school year to determine whether any similar situations have occurred in the past and if so how RPS has responded to previous similar situations A general education student may be suspended for up to fifteen days in cases involving a proposed expulsion Specific requirements addressing suspensions of special education students are outlined in the Appendix to this Handbook 5 Expulsion Under Minnesota law an expulsion is an action by the RPS School Board to prohibit an enrolled student from further attendance at school for up to twelve months Minnesota law allows RPS to pursue expulsion whenever a student engages in the following 1 Willful violation of any school board regulation Such regulation must be clear and definite to provide notice to students that they must conform their conduct to its requirements 2 Willful conduct that significantly disrupts the rights of others to an education or the ability of school personnel to perform their duties or school sponsored extracurricular activities or 3 Willful conduct that endangers the student or other students or surrounding persons including school district employees or property of the school Minnesota law requires RPS to pursue expulsion when a student is in possession of a firearm on school grounds See Minn Stat 121A 44 In other situations no administrator may move forward with a proposed expulsion unless the RPS Superintendent has reviewed the facts underlying the proposed discipline and has authorized an expulsion In addition all expulsions must be specifically authorized by the RPS School Board in accordance with the procedures outlined in Minnesota s Pupil Fair Dismissal Act See Minn Stat 121A 47 The RPS administration will consider pursuing an expulsion or exclusion in any situation where a student was selling or distributing drugs or alcohol a student was in possession of a weapon or incendiary device or a student s continued attendance in RPS schools may result in a significant likelihood of bodily or emotional harm to the student or other individuals a risk of legal liability for RPS or any RPS employees or in other unique circumstances where it is determined that other interventions or consequences would not be an effective means to address the student s behavior Page 19

Minnesota law also allows RPS to impose disciplinary action that is similar to an expulsion when an individual who has engaged in misconduct seeks to enroll in a RPS school This disciplinary action is called an exclusion An exclusion is an action taken by the RPS School Board to prevent enrollment or re enrollment of a student for a period that must not extend beyond the school year RPS applies the same standards to exclusions as it does to expulsions 6 Alternative Educational Services and Readmission Plans Minnesota law generally requires RPS to attempt to provide alternative educational services to a student before it imposes a suspension expulsion or exclusion This requirement does not apply in situations where it appears a student will create an immediate and substantial danger to the student to surrounding persons or to property RPS also will offer alternative educational services to a student with a disability to the extent the student receives a suspension that exceeds five days If a student is suspended pending an expulsion proceeding RPS will offer alternative educational services beginning on the sixth day of suspension Minnesota law provides that alternative educational services may include but are not limited to special tutoring modified curriculum modified instruction other modifications or adaptations instruction through electronic media special education services as indicated by appropriate assessment homebound instruction supervised homework or enrollment in another district or in an alternative learning center selected to allow the pupil to progress toward meeting graduation standards in a different setting See Minn Stat 121A 41 subd 11 When RPS offers alternative educational services RPS will offer the services that RPS deems most appropriate in light of available RPS resources and a particular student s behaviors and needs In situations where a student is suspended expelled excluded placed in an alternative disciplinary setting or incarcerated as a direct result of RPS s referral of the student to law enforcement RPS staff will schedule a readmission conference before the student transitions back into the regular school community During the readmission conference staff will consider whether it would be appropriate to develop a readmission plan which may include the provision of alternative educational services As required by Minnesota law RPS staff will develop a readmission plan for a student who has been expelled or excluded from school in accordance with the Pupil Fair Dismissal Act The plan may include measures to improve the student s behavior and require parent or guardian involvement in the admission or readmission process The plan may also indicate consequences if the student does not improve his or her behavior Page 20

FREQUENTLY ASKED QUESTIONS 1 Who should families contact with questions related to discipline issues If a family has questions or concerns related to a specific Level I incident a student s classroom teacher is the best person to contact for an initial discussion related to the incident For Level II incidents families should contact the building principal if they have questions or concerns related to a specific incident If a family would like to file a complaint about the manner in which school staff handled a disciplinary matter the complaint should be directed to the Office of School Support See their contact information 2 What is the role of a School Resource Officer SRO SROs serve multiple roles in schools The functions are interrelated but all are carried out to contribute to school safety and security and promote positive and supportive schoolclimates Key roles are 1 Civic Engagement and Educator SROs will promote a positive and supportive school climate and will communicate with students about acceptable and unacceptable behavior SROs will set a positive example for handling stressful situations resolving conflicts and showing respect and consideration for others SROs will express high expectations for student behavior SROs will meet with students staff and families as requested or as organized by the SRO in collaboration with school or District administration to address topics related to the role of law enforcement in the school community and broader community including but not limited to equity social justice and ways law enforcement students and the broader community can work together to reduce community violence and to create better police and community interactions and outcomes particularly in historically under represented communities of color 2 Informal mentor and role model Students often seek approval direction and guidance from adults in the school setting about various problems Through formal and informal interaction with students SROs serve as informal mentors and role models SROs are expected to communicate to students about acceptable and unacceptable behavior set a positive example in handling stressful situations resolve conflicts show respect and consideration of others and express high expectations for student behavior Students who may need additional assistance shall be referred to a school based or community based resource 3 Law enforcement officer As sworn law enforcement officers the SROs assume primary responsibility for responding to requests for assistance from administrators and coordinating the response of other law enforcement resources to the school SROs will protect students staff and others who are present on school property or at a school sponsored event or activity SROs will respond to emergencies including but not limited to medical emergencies on school property or at a school sponsored event or activity Page 21

3 How does RPS address attendance issues School Board Policy 503 generally outlines RPS s expectations with respect to student attendance As noted above isolated instances in which a student is tardy will be handled at the classroom level as a Level I offense Repeated tardiness may warrant an office referral Unexcused absences are otherwise addressed outside of the traditional Level I and Level II offense framework in light of specific statutory provisions related to compulsory school attendance In accordance with Minnesota law RPS works in partnership with the Olmsted County Attorney s Office to address truancy issues pursuant to the following intervention procedures If a student has three or more unexcused absences the student s parent or guardian will be notified After a seventh unexcused absence the student and parent or guardian is invited to attend a parent information meeting with a representative of the Olmsted County Attorney s Office During the parent information meeting the family will be advised of why the student should attend school and the legal consequences associated with continued absences RPS will work with families to develop specific interventions to address attendance issues following the parent information meeting If a student continues to have unexcused absences after the parent intervention meeting the student and his or her parent or guardian will be invited to participate in a Student Attendance Review Team SART meeting and to develop a contract designed to improve the student s attendance If the student continues to have unexcused absences after the SART meeting RPS will work with the Olmsted County Attorney s Office to initiate appropriate legal proceedings such as a Child in Need of Protection or Services CHIPS petition based on neglect or truancy 4 How does RPS treat behavior on school buses and vans Transportation by RPS is generally a privilege and not a right Students are expected to comply with the provisions of this Handbook and all other transportation related rules communicated to them while they are at bus stops and while they are receiving RPS provided transportation School Board Policy 709 outlines specific RPS expectations for student behavior while students receive RPS provided transportation RPS provides annual school bus safety training to students who are in Kindergarten through Grade 10 A student s eligibility to receive transportation may be suspended or revoked if the student persistently engages in Level I offenses or engages in a Level II offense while on a bus or van or while at a bus stop To view rules on the bus visit www rochesterschools org families transportation 5 How does RPS treat behavior in school parking lots School parking lots are considered school grounds for purposes of implementing RPS discipline policies and procedures The same behavioral expectations that apply in school buildings apply in school parking lots Parking on school grounds is a privilege not a right Students only may park in areas that are designated for student parking In addition to the behavioral consequences outlined in this Handbook students who engage in misconduct in an RPS parking lot may have their parking privileges suspended or revoked If a student parks in an unauthorized area or if an unauthorized vehicle is parked in a RPS parking lot RPS may move the vehicle require the owner to move the vehicle or have the vehicle removed from RPS property and towed to a Page 22

location off RPS grounds at the owner s expense Student vehicles parked on RPS property may be subject to a search if RPS personnel have a reasonable suspicion that the search will uncover evidence of illegal conduct or a violation of RPS rules and policies School Board Policy 527 specifically addresses student use and parking of motor vehicles 6 Is there an appeals process for student discipline Minnesota s Pupil Fair Dismissal Act provides for an appeals process in situations involving a student expulsion or exclusion See Minn Stat 121A 47 There is not a formal appeals process for other forms of discipline As noted earlier families who believe a disciplinary matter was not handled properly at the building level may contact the Office of School Support Page 23

APPENDIX I LEVEL I BEHAVIORS DEFINED Cheating and Plagiarism Students are expected to do their own work and to provide proper citations and attributions when their work references materials created by others Cheating occurs when a student represents another individual s work as the student s own obtains data or answers through acts of deception or dishonesty or uses tools or resources that are not authorized by a teacher when completing an assignment Plagiarism involves copying the work of others or copying portions of books magazines research materials or Internet sources without using proper citations or attributions Cheating and plagiarism will be treated as a Level II offense if a student s conduct involves distributing academic materials or other information to other students either hand to hand or through the use of technology to facilitate cheating or plagiarism Dishonesty Students are expected to tell the truth A student is dishonest when the student does not tell the truth or provides information that is misleading Dress Code Violation Students are expected to dress appropriately for school as defined in School Board Policy 504 Failure to Follow Instructions Students are expected to follow the instruction of all RPS personnel regardless of whether employed by RPS directly or through a contractor and volunteers A student s failure to follow instructions will generally be considered a Level I offense unless the student s conduct includes behavior that is identified as a Level II offense Horseplay and Play Fighting Horseplay and play fighting involves no intent to harm Behaviors include but are not limited to the following 1 pretending to hit punch kick or otherwise make physical contact with another individual 2 pranks 3 rough or boisterous play involving physical contact and 4 running in the building Inappropriate Language Students are expected to use language that is appropriate in an educational setting The use of inappropriate language will be considered a Level I offense when it is not directed at a specific person and involves profanity general sexual connotations or innuendo put downs to a particular group of people or is otherwise not appropriate for a school setting Isolated references to alcohol drug and tobacco use or other illegal behavior will be considered inappropriate language Page 24

unless the references are made for an educational purpose in connection with an assignment from a classroom teacher Inappropriate Physical Contact with Another Person Students are expected to keep their hands to themselves Intentionally touching or making physical contact with another individual without that individual s permission will generally be considered a Level I offense unless the student s conduct includes behavior that is identified as a Level II offense Leaving Class Without Permission Students are expected to be in class until they are excused If a student leaves class before the end of a class period without permission the student is engaging in behavior that is a Level I offense Misuse of Property Students are expected to be respectful of all property Misuse of property occurs when a student uses property without permission or uses property in a way that is inconsistent with the intended use of the property Misuse of Technology Students are expected to utilize technology in a manner that is consistent with the educational mission of RPS School Board Policy 524 outlines RPS s expectations for student use of technology All students are expected to act in accordance with this Policy Misuse of technology will be considered a Level I violation in situations where a student s violation of the requirements of School Board Policy 524 does not result in harm or potential harm to the student another individual or another individual s property Students should be aware that misconduct involving the misuse of technology may also meet the definitions of other offenses outlined in this Handbook For example technology could be inappropriately used to engage in cheating or plagiarism It could also be inappropriately used to engage in behavior that would be considered harassment or discrimination Tardiness All students are expected to be on time for class Students are considered tardy when not present in class and prepared to receive instruction at the scheduled start time of the class Elementary students may be considered tardy if they are not on time for school at the beginning of the school day Teasing and Name Calling Students are expected to be respectful of their peers and to refrain from engaging in teasing or name calling that is intended to merely distract or annoy others Teasing and name calling may be considered a Level II offense if it involves conduct that would violate RPS policies and procedures prohibiting bullying harassment hazing and discrimination Page 25

II LEVEL II BEHAVIORS DEFINED Abusive Language Abusive language consists of verbal abuse directed at a specific person such as a teacher or classmate Verbal abuse is the improper or excessive use of language to humiliate someone to undermine someone s dignity or to undermine someone s authority Profanity and insults specifically directed at an individual are considered a form of verbal abuse Arson Arson is the unauthorized intentional burning of one s own property or someone else s property Bullying School Board Policy 514 specifically addresses bullying Policy 514 defines bullying as it is defined in Minn Stat 121A 031 Bullying is defined by Policy 514 and state law as follows 1 Bullying means intimidating threatening abusive or harming conduct that is objectively offensive and a there is an actual or perceived imbalance of power between the student engaging in prohibited conduct and the target of the behavior and the conduct is repeated or forms a pattern or b materially and substantially interferes with a student s educational opportunities or performance or ability to participate in school functions or activities or receive school benefits services or privileges 2 Intimidating threatening abusive or harming conduct includes but is not limited to conduct that a Causes physical harm to a student or a student s property or causes a student to be in reasonable fear of harm to person or property b Under Minnesota common law violates a student s reasonable expectation of privacy defames a student or constitutes intentional infliction of emotional distress against a student or c Is directed at any student or students including those based on a person s actual or perceived race ethnicity color creed religion national origin immigration status sex marital status familial status socioeconomic status physical appearance sexual orientation including gender identity or expression academic status related to student performance disability or status with regard to public assistance age or any additional characteristic defined in the Minnesota Human Rights Act MHRA However prohibited conduct need not be based on any particular characteristic defined in this paragraph or the MHRA 3 Bullying includes cyberbullying which is defined as follows Bullying using technology or other electronic communication including but not limited to a transfer of a sign signal writing image sound or data including a post on a social network Internet website or forum transmitted through a computer cell phone or other electronic device The term applies to prohibited conduct which occurs on school premises on school district property at school functions or activities on school transportation or on school computers networks forums and mailing lists or off school premises to the extent that it substantially and materially disrupts student learning or the school environment Page 26

To report an incident of bullying students and or families may contact their building administrator or complete the RPS Tip Line form which can be found on the district website www rochesterschools org Discrimination School Board Policy 102 states that the policy of RPS is to ensure an equal educational opportunity is provided for all students To that end RPS prohibits students from engaging in acts of discrimination on the basis of race color creed religion national origin sex gender marital status parental status status with regard to public assistance disability sexual orientation or age Fighting Fighting is defined as hitting kicking punching pushing shoving or tripping another individual who is a mutual combatant in a physical altercation Fighting is distinguishable from physical aggression because physical aggression does not involve a mutual combatant Physical contact initiated in self defense may be considered a mitigating factor in the event of a fight but only if the student acting in self defense is 1 physically unable to walk away from the fight and 2 uses only the amount of physical force reasonably necessary to prevent the student from incurring bodily injury A student is not engaging in self defense if the student uses physical force to exceed the level of force needed to walk away from the fight Gang Activity Gangs are groups of persons who act in concert for the purpose of engaging in anti social or criminal behavior Gang activities include 1 Wearing or displaying any clothing jewelry colors or insignia that intentionally identifies the student as a member of a gang or otherwise symbolizes support of a gang 2 Using any word phrase written symbol or gesture that intentionally identifies the student as a member of a gang or otherwise symbolizes support of a gang 3 Recruiting students for gangs and 4 Engaging in criminal or anti social behavior at the direction of another gang member Harassment School Board Policy 413 prohibits acts of harassment and violence on the basis of race color creed religion national origin sex gender age marital status familial status status with regard to public assistance sexual orientation or disability Policy 413 generally defines harassment as behavior that consists of physical or verbal conduct including but not limited to electronic communications relating to an individual s or group of individuals race color creed religion national origin sex gender age marital status familial status status with regard to public assistance sexual orientation or disability when the conduct 1 has the purpose or effect of creating an intimidating hostile or offensive working or academic environment 2 has the purpose or effect of substantially or unreasonably interfering with an individual s work or academic performance or 3 otherwise adversely affects an individual s employment or academic opportunities Page 27

Policy 413 prohibits violence in the form of a physical act of aggression or assault upon another or group of individuals because of or in a manner reasonably related to race color creed religion national origin sex age marital status familial status status with regard to public assistance sexual orientation or disability Hazing School Board Policy 526 specifically addresses hazing Hazing is defined as committing an act against a student or coercing a student into committing an act that creates a substantial risk of harm to a person in order for the student to be initiated into or affiliated with a student organization or for any other school related purpose The term hazing includes but is not limited to 1 Any type of physical brutality such as whipping beating striking branding electronic shocking or placing a harmful substance on the body 2 Any type of physical activity such as sleep deprivation exposure to weather confinement in a restricted area calisthenics or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student 3 Any activity involving the consumption of any alcoholic beverage drug tobacco product or any other food liquid or substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student 4 Any activity that intimidates or threatens the student with ostracism that subjects a student to extreme mental stress embarrassment shame or humiliation that adversely affects the mental health or dignity of the student or discourages the student from remaining in school and 5 Any activity that causes or requires the student to perform a task that involves violation of state or federal law or of RPS policies or regulations Illegal Conduct Any violation of local state or federal law will be considered a Level II offense Physical Aggression Physical aggression is defined as hitting kicking pushing shoving tripping and other similar acts of physical conduct carried out with an intent to cause harm to another individual Physical aggression does not include conduct that falls within the definition of horseplay play fighting or fighting Possession of Weapons Explosives Incendiary Devices or Combustible Substances School Board Policy 501 prohibits students from possessing using or distributing weapons A weapon includes any object device or instrument designed as a weapon or through its use is capable of threatening or producing bodily harm or which may be used to inflict self injury including but not limited to any firearm whether loaded or unloaded air guns pellet guns BB guns rifles pistols stun guns all knives blades clubs metal knuckles nunchucks nunchaku throwing stars explosives any combustible or flammable liquid fireworks tear gas mace and other propellants ammunition poisons chains arrows and objects that have been modified to serve as a weapon Students are also prohibited from possessing using or distributing items that are intended to look like a weapon Page 28

Students are also prohibited from possessing using or distributing any kind of incendiary device regardless of whether the device meets the definition of a weapon Incendiary devices include any object device instrument or substance designed to start a fire or to emit smoke sparks or fire including but not limited to gasoline and other accelerants matches butane lighters fireworks fire crackers smoke bombs and bombs Students must not possess use or distribute items that are intended to look like an incendiary device Students are not prohibited from using an incendiary device in connection with a legitimate classroom activity at the direction and under the supervision of RPS personnel Possession Distribution or Use of Alcohol Drugs and Tobacco or Paraphernalia Students may not possess distribute or use alcohol drugs or tobacco including any oral device that provides a vapor of liquid nicotine lobelia and or other similar substance intended for human consumption and the use or inhalation of which simulates smoking synthetic or look alike substances or paraphernalia inside school buildings on school grounds and at school related activities and events Students must also follow these expectations on school buses or vans and at bus stops Paraphernalia is any equipment utensil apparatus or tool used in connection with alcohol drug or tobacco use Property Damage Property damage will be a Level II violation when it involves the intentional damage destruction vandalism or breaking of another individual s property or RPS property By way of example property damage includes intentional acts such as damaging or destroying textbooks and other school equipment using technology to download or deploy unauthorized or malicious software spray painting surfaces acts of vandalism and damaging or destroying the property of another student Sexual Assault Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the individual who is the recipient of the contact or behavior Sexual Misconduct Sexual misconduct includes verbal attempts to initiate sexual contact with another person and any form of touching of a sexual nature with or without consent of the other party Sexual misconduct also includes exchanging pornographic obscene or otherwise sexually suggestive photographs or messages with another person including behavior commonly referred to as sexting Pornographic material or pornography is defined as material such as writings photographs or videos depicting sexual activity or erotic behavior in a way that is designed to arouse sexual excitement Substantial Interruption to the Learning Environment A substantial interruption to the learning environment occurs when a student engages in behavior that interferes with the learning environment in a school building to the degree that RPS personnel are unable to deliver instruction to other students Students do not have the right to interfere with other students right to receive an education If a teacher or other personnel makes an office referral for a substantial interruption to the learning environment the staff member must describe to building administration the specific interventions that were attempted before the student s Page 29

behavior was determined to cause a substantial interruption If the teacher or personnel did not attempt an intervention the staff member must describe to building administration why it was determined an intervention would not be successful Theft Theft is the taking of another person s property with the intent to deprive the owner of the property For purposes of this Handbook theft includes extortion Extortion is the act of obtaining something through threats of force or coercion Threats of Violence Threats of violence are either direct or indirect threats to commit an act of violence for the purpose of causing serious inconvenience or disruption in the school environment or to cause the evacuation of a school building event or vehicle A bomb threat is an example of a threat of violence Trespassing Students must stay in designated areas of the school to which they have been assigned Students must have permission from a building administrator or must be escorted by a parent guardian caregiver or emergency contact person if they enter a building other than their school Trespassing includes breaking and entering into locked or private areas such as other students lockers administrative office areas and supply cabinets Page 30

III DISCIPLINE GUIDELINES FOR SPECIAL EDUCATION STUDENTS Student removed for one school day or less Student suspended for less than five consecutive school days or less Student suspended for six OR MORE consecutive school days Student removed for 10 cumulative days or less in a school year or more Student removed for 11 cumulative days in a school year or more Student placed on in school suspension Student suspended from the bus IEP Team Meeting Required No No Yes No Yes No Possibly Manifestation Determination Required1 Functional Behavioral Assessment Plan Required2 No No Alternative Education Services Required No No No No No No Yes No No No Yes No Possibly Yes No Possibly Yes No Possibly 1 Manifestation Determination is a process to determine if a student s behavior problem was or was not a manifestation of the student s disability 2 A Functional Behavioral Assessment is a process for gathering information to understand the structure and function of a student s behavior s in order to develop an effective and efficient behavioral support plan that teaches and encourages alternative behaviors Unless the student has been removed 11 or more cumulative days in a school year Minn Stat 121A 43 a In school suspension is not considered a day of suspension for a student with a disability as long as the student continues to receive regular and special education services during the in school suspension If bus transportation is part of the student s IEP a bus suspension would be treated as a removal unless the school provides transportation in some other way because that transportation is necessary for the student to obtain access to the location where all other services will be delivered If bus transportation is not a part of the student s IEP a bus suspension typically would not be a removal Page 31

IV RIGHTS RULES AND REGULATIONS Parents and Guardians should familiarize themselves with these policies RPS policies in their entirety are located on Simbli 100 School District School Board Policy 102 Equal Educational Opportunity 400 Employees Personnel School Board Policy 402 Disability Nondiscrimination Policy School Board Policy 404 Background Checks School Board Policy 413 Harassment and Violence School Board Policy 417 Chemical Use and Abuse School Board Policy 418 Drug Free Workplace Drug Free Schools School Board Policy 419 Tobacco Free Environment 500 Students School Board Policy 501 Weapons Prohibition School Board Policy 502 Search of Student Lockers Desks Personal Possessions and Student s Person School Board Policy 503 Student Attendance School Board Policy 504 Student Dress and Appearance School Board Policy 505 Distribution of Nonschool Sponsored Materials on School Premises by Students and Employees School Board Policy 506 Student Discipline updated policy coming in August School Board Policy 510 School Activities School Board Policy 514 Bullying Prohibition School Board Policy 515 Protection and Privacy of Pupil Records School Board Policy 516 Student Medication School Board Policy 518 DNR DNI Orders School Board Policy 520 Student Surveys School Board Policy 521 Student Disability Nondiscrimination School Board Policy 522 Student Sex Nondiscrimination School Board Policy 524 Internet Acceptable Use and Safety Policy School Board Policy 526 Hazing Prohibition School Board Policy 527 Student Use and Parking of Motor Vehicles Patrols Inspections and Searches School Board Policy 528 Student Parental Family and Marital Status Nondiscrimination School Board Policy 529 Staff Notification of Violent Behavior by Students School Board Policy 530 Immunization Requirements School Board Policy 531 The Pledge of Allegiance School Board Policy 533 Wellness School Board Policy 534 School Meals Policy School Board Policy 550 Student Medical Emergency 600 Education Programs School Board Policy 609 Religion School Board Policy 624 Online Learning Options Page 32

700 Business School Board Policy 707 Transportation of Public School Students School Board Policy 709 Student Transportation Safety 800 Buildings and Sites School Board Policy 806 Crisis Management School Board Policy 808 COVID 19 Face Covering Guidance 900 School District Community Relations School Board Policy 903 Visitors to School District Buildings and Sites V DISTRICT POLICY 506 Book Section Title Number Status Legal Cross References Rochester Public Schools Policies 500 STUDENTS Student Discipline 506 Active Minn Stat Ch 13 Minnesota Government Data Practices Act Minn Stat 120B 02 Educational Expectations for Minnesota Students Minn Stat 120B 232 Character Development Education Minn Stat 121A 26 School Preassessment Teams Minn Stat 121A 29 Reporting Chemical Abuse Minn Stat 121A 40 to 121A 56 Pupil Fair Dismissal Act Minn Stat 121A 575 Alternatives to Pupil Suspension Minn Stat 121A 582 Reasonable Force Minn Stat 121A 60 to 121A 61 Removal From Class Minn Stat 122A 42 General Control of Schools Minn Stat 123A 05 Area Learning Center Organization Minn Stat 124D 03 Enrollment Options Program Minn Stat 124D 08 Enrollment in Nonresident District Minn Stat Ch 125A Students With Disabilities Minn Stat Ch 260A Truancy Minn Stat Ch 260C Juvenile Court Act 20 U S C 1400 1487 Individuals with Disabilities Education Improvement Act of 2004 29 U S C 794 et seq Rehabilitation Act of 1973 504 34 C F R 300 530 e 1 Manifestation Determination 102 Equal Educational Opportunity 413 Harassment and Violence 417 Chemical Use and Abuse 418 Drug Free Workplace Drug Free Schools 419 Tobacco Free Environment Possession and Use of Tobacco Tobacco Related Devices and Electronic Delivery Devices 501 Weapons Prohibition 502 Search of Student Lockers Desks Personal Possessions and Student s Person Page 33

Adopted Last Revised Last Reviewed 503 Student Attendance 504 Student Dress and Appearance 505 Distribution of Nonschool Sponsored Materials on School Premises by Students andEmployees 510 School Activities 514 Bullying Prohibition 515 NEW Protection and Privacy of Pupil Records 516 Student Medication 518 DNR DNI Orders 520 Student Surveys 521 Student Disability Nondiscrimination 522 Student Sex Nondiscrimination 524 Internet Acceptable Use and Safety Policy 526 Hazing Prohibition 527 Student Use and Parking of Motor Vehicles Patrols Inspections and Searches 528 Student Parental Family and Marital Status Nondiscrimination 530 Immunization Requirements 531 The Pledge of Allegiance 533 Wellness 550 Student Medical Emergency 610 Field Trips 707 Transportation of Public School Students 709 Student Transportation Safety 711 Video Recording on School Buses 712 Video Surveillance Other than on Buses 806 Crisis Management 903 Visitors to School District Buildings and Sites March 23 2004 April 27 2021 June 7 2022 I PURPOSE All students have the right to obtain an education and the right to learn The purpose of this policy is to set forth the School Board s expectations for student behavior and to set forth procedures for the Superintendent and School District administration to establish guidelines for the manner in which the expectations outlined in this policy will be enforced II GENERAL STATEMENT OF POLICY The School Board recognizes that appropriate school behavior is critical to academic success to establishing a safe and effective learning environment for all students and to assure a safe and orderly working environment for School District personnel This policy and all guidelines established by School District administration pursuant to this policy are intended to accomplish the following policy objectives 1 The School Board is committed to providing a safe and supportive learning environment for all students and to ensuring that students learning is not disrupted by the behavior of other students Page 34

2 The School Board is committed to fostering a safe and supportive working environment for School District personnel 3 The School Board recognizes the negative impact caused by lost student instruction time due to removals from class and strives to minimize such removals when other interventions are an effective means to address student behavior 4 The School Board is committed to employing Positive Behavior Intervention and Supports PBIS strategies within the School District s schools in an effort to teach students appropriate behavior through instruction practice feedback and encouragement III AREAS OF RESPONSIBILITY 1 The School Board The School Board is responsible for establishing the policies of the School District including this policy governing student behavior 2 Superintendent The Superintendent must establish guidelines and directives to carry out this policy hold all School District personnel students and parents responsible for conforming to this policy and support all school personnel performing their duties within the framework of this policy The Superintendent must also establish guidelines and directives for using the services of appropriate third parties for assisting students and parents with behavior issues The Superintendent may appoint another administrator or group of administrators to act as the Superintendent s designee for assisting with the establishment of guidelines and directives necessary to carry out this policy a Executive Director of Student Support Services The Chief Academic Officer is responsible for working with the Superintendent to develop and disseminate procedures for referring where appropriate a child in need of special education services to appropriate services as a result of behavioral issues and for considering whether there is a need for further assessment or a review of the adequacy of a current individualized education program when a student with a disability is removed from class b Principals Principals are responsible for formulating building rules and regulations outlining expectations for student behavior consistent with and subject to the provisions of this policy and any direction provided by the Superintendent or the Superintendent s designee Principals must provide direction and support to all school personnel performing their duties within the framework of this policy and any guidelines and directives established by an administrator pursuant to this policy c Teachers All teachers are responsible for providing a well planned learning environment and have primary responsibility for enforcing this policy in the classroom consistent with any guidelines and directives established by an administrator pursuant to this policy d Other School District Personnel All School District personnel are expected to serve as a positive role model for students and to demonstrate positive behaviors at all times School District personnel other than administrators and teachers will perform responsibilities related to student behavior as assigned by a supervisor e Parents or Legal Guardians Parents and guardians are expected to cooperate with School District personnel with respect to the teaching of behavior expectations and the implementation of interventions designed to address behavior issues Page 35

f Students Students are expected to conduct themselves in accordance with this policy and any guidelines and directives implemented pursuant to this policy IV STUDENT RESPONSIBILITIES All students have the responsibility a For their behavior and for knowing and obeying all school rules regulations policies and procedures b To attend school daily except when excused and to be on time to all classes and other school functions c To pursue and attempt to complete the courses of study prescribed by the state and local school authorities d To make necessary arrangements for making up work when absent from school e To assist the school staff in maintaining a safe school for all students f To be aware of all school rules regulations policies and procedures including those in this policy and to conduct themselves in accord with them g To assume that until a rule or policy is waived altered or repealed it is in full force and effect h To be aware of and comply with federal state and local laws i To volunteer information in disciplinary cases should they have any knowledge relating to such cases and to cooperate with school staff as appropriate j To respect and maintain the School District s property and the property of others k To dress and groom in a manner which meets standards of safety and health and common standards of decency and which is consistent with applicable School District policy l To avoid inaccuracies in student newspapers or publications and refrain from indecent or obscene language m To conduct themselves in an appropriate physical or verbal manner and n To recognize and respect the rights of others o To assume responsibility and care for materials and technology devices assigned to the student Students may be charged for damaged or lost materials and or devices V CODE OF STUDENT CONDUCT The School Board considers the following behaviors to be unacceptable behaviors that may be subject to disciplinary action 1 Acts of dishonesty 2 Any criminal activity or violation of the law 3 Attendance issues including failing to attend class tardiness and leaving class without permission 4 Cheating and plagiarism 5 Damage to or misuse of property including the misuse of technology or use of technology in a way that causes property damage 6 Failing to follow the instructions of an administrator teacher or other School District representative 7 Gang activity 8 Inappropriate physical contact with another person as well as acts of physical aggression fighting horseplay and play fighting Page 36

9 Possession distribution or use of alcohol drugs and tobacco including look alike substances and synthetic substances or paraphernalia 10 Possession of weapons as defined in School Board Policy 501 explosives incendiary devices or any type of combustible substances 11 Substantially interrupting the learning environment 12 Sexual misconduct and sexual assault 13 Theft 14 Threats of violence 15 Trespassing 16 Using language that is not appropriate in a school setting or possessing materials containing language that is not appropriate in a school setting Inappropriate language includes abusive profane obscene or threatening language Inappropriate language also includes language that constitutes cyberbullying bullying discrimination harassment or hazing Teasing and name calling may also be considered inappropriate language 17 Violations of other School Board Policies setting forth expectations for student behavior including a School Board Policy 102 Equal Educational Opportunity b School Board Policy 413 Harassment and Violence c School Board Policy 417 Chemical Use and Abuse d School Board Policy 418 Drug Free Environment Possession and Use of Tobacco Tobacco Related Devices and Electronic Delivery Devices e School Board Policy 419 Tobacco Free Environment Possession and Use of Tobacco Tobacco Related Devices and Electronic Delivery Devices f School Board Policy 501 Weapons Prohibition g School Board Policy 502 Search of Student Lockers Desks Personal Possessions and Student s Person h School Board Policy 503 Student Attendance i School Board Policy 504 Student Dress and Appearance School Board Policy 505 Distribution of Nonschool Sponsored Materials on School Premises by Students and Employees j School Board Policy 510 School Activities k School Board Policy 514 Bullying Prohibition l School Board Policy 515 Protection and Privacy of Pupil Records m School Board Policy 516 Student Medication n School Board Policy 518 DNR DNI Orders o School Board Policy 520 Student Surveys p School Board Policy 521 Student Disability nondiscrimination q School Board Policy 522 Student Sex Nondiscrimination r School Board Policy 524 Internet Acceptable Use and Safety Policy s School Board Policy 526 Hazing Prohibition t School Board Policy 527 Student Use and Parking of Motor Vehicles Patrols Inspections and Searches u School Board Policy 528 Student Parental Family and Marital Status Nondiscrimination v School Board Policy 530 Immunization Requirements w School Board Policy 531 Pledge of Allegiance x School Board Policy 533 Wellness y School Board Policy 550 Student Medical Emergency z School Board Policy 707 Transportation of Public School Students Page 37

aa School Board Policy 709 Student Transportation Safety bb School Board Policy 806 Crisis Management cc School Board Policy 903 Visitors to School District Buildings and Sites The Superintendent is responsible for overseeing the creation of a student behavior handbook that will be annually distributed to students families and School District personnel One of the purposes of the handbook is to provide further guidance as to how the School District defines and addresses the behaviors outlined above The School Board delegates to the Superintendent the authority to create definitions of the types of behaviors that may result in disciplinary action consistent with this policy and other applicable School Board Policies The School Board also delegates to the Superintendent the authority to classify behaviors in a manner that best facilitates the School District s ability to compile and review data related to disciplinary incidents for purposes of evaluating the effectiveness of the School District s disciplinary practices and identifying trends related to instances of student discipline Notwithstanding the behaviors specifically outlined above the School Board reserves the right for the School Board and administrators to impose discipline any time a student s behavior falls within one or more of the following categories of misconduct 1 Willful violation of any School Board regulation Such regulation must be clear and definite to provide notice to students that they must conform their conduct to its requirements 2 Willful conduct that significantly disrupts the rights of others to an education or the ability of school personnel to perform their duties or school sponsored extracurricular activities or 3 Willful conduct that endangers the student or other students or surrounding persons including School District employees or the property of the school VI INTERVENTIONS FOR VIOLATIONS OF CODE OF CONDUCT The School Board delegates to the Superintendent and the School District s administration the authority to provide specific guidance to School District personnel students and families as to interventions that may be utilized in response to instances in which a student demonstrates inappropriate behavior subject to the following conditions 1 The Superintendent must establish appropriate procedures for the collection and review of disciplinary data to ensure that the School District is consistently employing behavior interventions in a fair and equitable manner for all students 2 Reasonable measures must be implemented to notify students and parents or guardians of behavior that violates this policy and to encourage early involvement of parents or guardians in efforts to improve a student s behavior 3 The policy of the School District is to minimize instances in which students lose instruction time as a result of being removed from the classroom Any instance in which a student is removed from class must conform to the requirements of Section VII below The Superintendent s guidance must be designed to accomplish this objective by specifying which types of behaviors must be addressed without an office referral or removing a student from class 4 The Superintendent and all principals must ensure that all out of school suspensions expulsions and exclusions are imposed in accordance with the specific requirements of the Pupil Fair Dismissal Act Minn Stat 121A 40 et seq as well as other applicable laws Page 38

governing discipline procedures for students with disabilities Hearings in cases involving an expulsion or exclusion will be conducted before an independent hearing officer In addition the Superintendent is responsible for providing guidance to principals as to the circumstances in which an out of school suspension will be imposed All instances in which a student is proposed for expulsion or exclusion in accordance with the Pupil Fair Dismissal Act must be approved by the Superintendent before the School District initiates the process of expelling or excluding the student pursuant to the Pupil Fair Dismissal Act 5 In situations where a student is suspended expelled excluded placed in an alternative disciplinary setting or incarcerated as a direct result of the School District s referral of the student to law enforcement the School District must offer the student an opportunity to participate in a readmission conference before the student transitions back into the regular school community During the readmission conference School District personnel will consider whether it would be appropriate to develop a readmission plan which may include the provision of alternative educational services 6 The Superintendent s guidance must set forth appropriate standards for progressive discipline and may allow School District personnel to deviate from such standards under circumstances in which School District personnel conclude progressive discipline would not be effective 7 The School Board reserves for the School District the right to suspend expel or exclude a student upon any one of the following statutory grounds a Willful violation of any school board regulation Such regulation must be clear and definite to provide notice to students that they must conform their conduct to its requirements b Willful conduct that significantly disrupts the rights of others to an education or the ability of school personnel to perform their duties or school sponsored extracurricular activities or c Willful conduct that endangers the student or other students or surrounding persons including school district employees or property of the school 8 A teacher or principal in exercising the person s lawful authority may use reasonable force when it is necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to another Other school employees school bus drivers or other agents of the School District in exercising the person s lawful authority may use reasonable force when it is necessary under the circumstances to restrain a student or prevent bodily harm or death to another VII REMOVAL OF STUDENTS FROM CLASS The School Board expects that teachers will manage student behaviors in the classroom wherever possible However the School Board also recognizes that some behavioral issues must be addressed outside of the classroom All School District personnel must comply with the following requirements governing the removal of students from the classroom 1 A removal from class or removal means any action taken by a teacher principal or other School District representative to prohibit a student from attending a class or activity period A class or activity period means the period of instruction for a specific course of study 2 Consistent with the requirements of Minnesota Statutes section 121A 61 the School Board establishes the following grounds which a student may be removed from the classroom for inappropriate behavior Page 39

a Willful conduct that significantly disrupts the rights of others to an education including conduct that interferes with a teacher s ability to teach or communicate effectively with students in a class or with the ability of other students to learn b Willful conduct that endangers surrounding persons including School District employees the student or other students or the property of the school c Willful violation of any rule of conduct specified in the discipline policy adopted by the Board and d Other special circumstances in which a student s presence in the classroom would result in a risk of harm to persons or property or significantly disrupt the educational environment in the classroom e The Superintendent or the Superintendent s designee is responsible for providing additional guidance to School District personnel students and families as to the specific types of offenses that will justify removing a student from class under the grounds set forth above 3 A student must be removed from class immediately if the student engages in assault or violent behavior An assault is 1 an act done with intent to cause fear in another of immediate bodily harm or death or 2 the intentional infliction of or attempt to inflict bodily harm upon another The removal in instances of assault or violent behavior will be for the time period deemed appropriate by the building principal in consultation with the classroom teacher 4 Teachers are responsible for maintaining general control of the classroom Teachers have the authority to remove students from class pursuant to the procedures established by this policy and any additional guidance provided by the Superintendent or the Superintendent s designee 5 When a student is removed from class the removal must be for the minimum time period necessary to prevent the student from disrupting the rights of others to an education or from endangering persons or property By law a student may not be removed from class for a period that exceeds five class periods for a violation of a rule of conduct unless the student is suspended expelled or excluded in accordance with the provisions of the Pupil Fair Dismissal Act 6 When a student is removed from class the principal or the principal s designee is responsible for supervising the student during the removal period When the removal period expires the principal or the principal s designee is responsible for working with the classroom teacher to ensure the student is able to transition back into the classroom environment without unnecessary loss of instructional time 7 A student s parent or guardian must be notified whenever a student is removed from class Pursuant to Minnesota law the teacher and principal must schedule a meeting with the student s parent or guardian to discuss the problem that is causing the student to be removed from class if a student is removed from class more than ten times in one school year This meeting requirement is a minimum requirement and the Superintendent has the authority to require a parent or guardian meeting before a student is removed from class ten times in one school year VIII OPEN ENROLLED STUDENTS In addition to the grounds set forth in the Pupil Fair Dismissal Act the School District may terminate the enrollment of a nonresident student enrolled under the provisions of Minnesota Statutes sections 124D 03 or 124D 08 at the end of a school year if the student meets the definition of a habitual truant under Minnesota Statutes section 260C 007 subdivision 19 and the student has been provided appropriate services under chapter 260A of the Minnesota Statutes Page 40

and the student s case has been referred to juvenile court A district may also terminate the enrollment of a nonresident student over the age of 17 enrolled under Minnesota Statutes section 124D 03 if the student is absent without lawful excuse for one or more periods on 15 school days and has not lawfully withdrawn from school under Minnesota Statutes section 120A 22 subdivision 8 IX STUDENT DISCIPLINE RECORDS The School District must maintain complete and accurate student discipline records The collection dissemination and maintenance of student discipline records must be consistent with School Board Policy 515 Protection and Privacy of Pupil Records X DISTRIBUTION OF POLICY A summary of this policy will be printed in the Student Handbook which is distributed to all students and staff at the beginning of each school year This policy will also be available on the District website and upon request in each principal s office and the Superintendent s Office XI REVIEW OF POLICY The Superintendent is responsible for implementing a procedure for the annual review of this policy The review procedure will provide opportunities for personnel at each site as well as representatives of students and families to provide input as to whether this policy is working as intended whether it is being properly enforced and whether it should be revised in any way V DISTRICT POLICY 522 Book Section Title Number Status Rochester Public Schools Policies 500 STUDENTS Student Sex Nondiscrimination Title IX Grievance Procedure and Process 522 Active Legal Adopted Last Revised Last Reviewed Minn Stat 121A 04 Athletic Programs sex discrimination Minn Stat Ch 363A Minnesota Human Rights Act 20 U S C 1681 1688 Title IX of the Education Amendments of 1972 34 C F R Part 106 Implementing regulations of Title IX Cross References 102 Equal Educational Opportunity 413 Harassment and Violence 528 Student Parental Family and Marital Status Nondiscrimination June 21 2005 March 3 2021 March 4 2021 I GENERAL STATEMENT OF POLICY A The school district prohibits discrimination on the basis of sex in all forms including sexual harassment B The school district does not discriminate on the basis of sex in its education programs or activities and it is required by Title IX of the Education Amendments Act of 1972 and its implementing regulations not to discriminate in such a manner The requirement not to discriminate in its education program or activity extends to admission and employment The Page 41

school district is committed to maintaining an education and work environment that is free from discrimination based on sex including sexual harassment II SEX DISCRIMINATION COMPLAINTS NOT INVOLVING SEXUAL HARASSMENT Complaints of sex discrimination that do not constitute sexual harassment as defined below or retaliation for making a complaint of sexual harassment should be reported to the building principal or building supervisor The building principal or supervisor is then responsible for notifying the school district s Title IX Coordinator of the complaint If a complaint involves the building principal or supervisor it should be reported directly to the Title IX Coordinator The Title IX Coordinator will then ensure an investigation is completed in accordance with the requirements of applicable school district policies including Policy 413 The school district s Title IX Coordinator is its Executive Director of Human Resources The Title IX Coordinator s contact information is Executive Director of Human Resources Rochester Public Schools 615 7th Street SW Rochester MN 55902 507 328 4251 titleix rochesterschools org III GENERAL POLICY PROHIBITING SEXUAL HARASSMENT A The school district prohibits sexual harassment that occurs within its education programs and activities When the school district has actual knowledge of sexual harassment in its education program or activity against a person in the United States it shall promptly respond in a manner that is not deliberately indifferent B This policy applies to sexual harassment that occurs within the school district s education programs and activities This policy does not apply to sexual harassment that occurs outside the scope of the school district s education programs and activities This policy does not apply to sexual harassment that occurs outside the geographic boundaries of the United States even if the sexual harassment occurs in the school district s education programs or activities C Any student parent or guardian having questions regarding the application of Title IX and its regulations and or this policy and grievance process should discuss them with the Title IX Coordinator The school district s Title IX Coordinator is identified in Section II above Questions relating solely to Title IX and its regulations may be referred to the Title IX Coordinator the Assistant Secretary for Civil Rights of the United States Department of Education or both D The procedural requirements of this policy apply to alleged sexual harassment or other violations of the conduct addressed in this policy occurring on or after August 14 2020 For conduct occurring prior to August 14 2020 the school district will take appropriate action to investigate and address sexual harassment allegations but will handle the allegations in the manner it deems most appropriate IV DEFINITIONS A Actual knowledge means notice of sexual harassment or allegations of sexual harassment to the school district s Title IX Coordinator or to any employee of the school Page 42

district This standard is not met when the only official of the school district with actual knowledge is the respondent B Complainant means a person who is alleged to be the victim of conduct that could constitute sexual harassment under Title IX A Title IX Coordinator who signs a formal complaint is not a complainant unless the Title IX Coordinator is alleged to be the victim of the conduct described in the formal complaint C Day or days means unless expressly stated otherwise business days i e day s that the school district office is open for normal operating hours Monday Friday excluding State recognized holidays D Deliberately indifferent means clearly unreasonable in light of the known circumstances The school district is deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances E Education program or activity means locations events or circumstances over which the school district exercises substantial control over both the respondent and the context in which the sexual harassment occurs and includes school district education programs or activities that occur on or off of school district property F Formal complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the school district investigate the allegation of sexual harassment a A formal complaint filed by a complainant must be a physical document or an electronic submission The formal complaint must contain the complainant s physical or digital signature or otherwise indicate that the complainant is the person filing the formal complaint and must be submitted to the Title IX Coordinator in person by mail or by email b A formal complaint shall state that at the time of filing the formal complaint the complainant was participating in or attempting to participate in an education program or activity of the school district with which the formal complaint is filed c A parent or guardian of a child younger than 18 years old may file a formal complaint on behalf of their child G Informal resolution means options for resolving a formal complaint that do not involve a full investigation and adjudication Informal resolution may encompass a broad range of conflict resolution strategies including mediation or restorative justice 522 4 H Relevant questions and relevant evidence are questions documents statements physical items or information that are related to the allegations raised in a formal complaint and have any tendency to make the allegations more or less likely to be true Relevant evidence includes evidence that is both inculpatory and exculpatory Questions and evidence about the complainant s sexual predisposition or prior sexual behavior are not relevant unless such questions or evidence about the complainant s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant or if the questions or evidence concern specific incidents of the complainant s prior sexual behavior with respect to the respondent and are offered to prove consent I Remedies means actions designed to restore or preserve the complainant s equal access to education after a respondent is found responsible for sexual harassment Remedies may include the same individualized services that constitute supportive measures but need not be non punitive or non disciplinary nor must they avoid burdening the respondent J Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment under Title IX Page 43

K Sexual harassment means any of three types of misconduct on the basis of sex that occurs in an school district education program or activity and is committed against a person in the United States a Quid pro quo harassment by a school district employee conditioning the provision of an aid benefit or service of the school district on an individual s participation in unwelcome sexual conduct b Unwelcome conduct that a reasonable person would find so severe pervasive and objectively offensive that it denies a person equal educational access or c Any instance of sexual assault as defined in the Clery Act 20 U S C 1092 f 6 A v dating violence domestic violence or stalking as defined in the Violence Against Women Act 34 U S C 12291 L Supportive measures means individualized services provided to the complainant or respondent without fee or charge that are reasonably available non punitive non disciplinary not unreasonably burdensome to the other party and designed to ensure equal educational access protect safety and deter sexual harassment Supportive measures may include counseling extensions of deadlines or other course related adjustments modifications of work or class schedules alternative educational services as defined under Minn Stat 121A 41 as amended mutual restrictions on contact between the parties changes in work or education locations leaves of absence increased security and monitoring of certain areas of the school district buildings or property and other similar measures M Title IX Personnel means any person who addresses works on or assists with 522 5 the school district s response to a report of sexual harassment or formal complaint and includes persons who facilitate informal resolutions The following are considered Title IX Personnel a Title IX Coordinator means an employee of the school district that is designated and authorized to coordinate the school district s efforts to comply with and carry out its responsibilities under Title IX The Title IX Coordinator is responsible for acting as the primary contact for the parties and ensuring that the parties are provided with all notices evidence reports and written determinations to which they are entitled under this policy and grievance process The Title IX Coordinator is also responsible for effective implementation of any supportive measures or remedies The Title IX Coordinator must be free from conflicts of interest and bias when administrating the grievance process b Investigator means a person who investigates a formal complaint The investigator of a formal complaint may not be the same person as the Title IX Coordinator Decision maker or the Appellate Decision maker in that formal complaint The Investigator may be an school district employee school district official or a third party designated by the school district c Decision maker means a person who makes a determination regarding responsibility after the investigation has concluded The Decision maker for a formal complaint cannot be the same person as the Title IX Coordinator the Investigator or the Appellate Decision maker in that formal complaint The Decision maker may be an administrator supervisor or other individual qualified to determine and impose appropriate remedies if a determination of responsibility is made d Appellate Decision maker means a person who considers and decides appeals of determinations regarding responsibility and dismissals of formal complaints The Appellate Decision maker for a formal complaint cannot be the same person as the Title IX Coordinator Investigator or Decisionmaker in that formal complaint The Page 44

Appellate Decision maker may be a school district employee or a third party designated by the school district e Informal resolution facilitator means a person who facilitates the informal resolution process if desired by the parties The Informal resolution facilitator may be the Title IX Coordinator but may not be the Investigator Decision maker or Appellate Decision maker in the formal complaint proposed for informal resolution f The Superintendent of the school district may delegate functions assigned to a specific school district employee under this policy including but not limited to the functions assigned to the Title IX Coordinator Investigator Decision maker Appellate Decision maker and Informal resolution facilitator to any suitably qualified individual and such delegation may be 522 6 rescinded by the Superintendent at any time The school district may also in its discretion appoint suitably qualified persons who are not school district employees to fulfill any function under this policy including but not limited to Investigator Decision maker Appellate Decision maker and Informal resolution facilitator V REPORTING PROHIBITED CONDUCT A Any student who believes they have been the victim of unlawful sex discrimination or sexual harassment or any person including the parent of a student with actual knowledge of conduct which may constitute unlawful sex discrimination or sexual harassment should report the alleged acts as soon as possible to the Title IX Coordinator B Any employee of the school district who has experienced has actual knowledge of or has witnessed unlawful sex discrimination including sexual harassment or who otherwise becomes aware of unlawful sex discrimination including sexual harassment must promptly report the allegations to the Title IX Coordinator without screening or investigating the report or allegations C A report of unlawful sex discrimination or sexual harassment may be made at any time including during non business hours and may be made in person by mail by telephone or by e mail using the Title IX Coordinator s contact information A report may also be made by any other means that results in the Title IX Coordinator receiving the person s verbal or written report D Sexual harassment may constitute both a violation of this policy and criminal law To the extent the alleged conduct may constitute a crime the school district may report the alleged conduct to law enforcement authorities The school district encourages complainants to report criminal behavior to the police immediately VI RETALIATION PROHIBITED A Neither the school district nor any other person may intimidate threaten coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX its implementing regulations or this policy or because the individual made a report or complaint testified assisted or participated or refused to participate in any manner in an investigation proceeding or hearing under this policy Intimidation threats coercion or discrimination including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a report or complaint of sex discrimination or a report or formal complaint of sexual harassment for the purpose of interfering with any right Page 45

or privilege secured by Title IX its implementing regulations or this policy constitutes retaliation Retaliation against a person for making a report of sexual harassment filing a formal complaint or participating in an investigation constitutes a violation of this policy that can result in the imposition of disciplinary 522 7 sanctions consequences and or other appropriate remedies B Any person may submit a report or formal complaint alleging retaliation to the Title IX Coordinator in the manner described in this policy and it will be addressed in the same manner as other complaints of sexual harassment C Charging an individual with violation of school district policies for making a materially false statement in bad faith in the course of a grievance proceeding under this policy shall not constitute retaliation provided however that a determination regarding responsibility alone is not sufficient to conclude that any party made a materially false statement in bad faith VII DISSEMINATION OF POLICY A Neither A This policy shall be made available to all students parents guardians of students school district employees and employee unions B The school district shall conspicuously post the name of the Title IX Coordinator including office address telephone number and work e mail address on its website and in each handbook that it makes available to parents employees students unions or applicants C The school district must provide applicants for admission and employment students parents or legal guardians of elementary and secondary education students employees and all unions holding collective bargaining agreements with the school district with the following a The name or title office address electronic mail address and telephone number of the Title IX Coordinator b Notice that the school district does not discriminate on the basis of sex in the education program or activity that it operates and that it is required by Title IX not to discriminate in such a manner c A statement that the requirement not to discriminate in the education program or activity extends to admission and employment and that inquiries about the application of Title IX may be referred to the Title IX Coordinator to the Assistant Secretary for Civil Rights of the United States Department of Education or both and d Notice of the school district s grievance procedures and grievance process referenced in this policy including how to report or file a complaint of sex discrimination how to report or file a formal complaint VIII RECORDKEEPING A The school district must create and maintain for a period of seven calendar years 522 8 records of any actions including any supportive measures taken in response to a report or formal report or formal complaint of sexual harassment In each instance the school district must document a The basis for the school district s conclusion that its response to the report or formal complaint was not deliberately indifferent b The measures the school district has taken that are designed to restore or preserve equal access to the school district s education program or activity and Page 46

c If the school district does not provide a complainant with supportive measures then it must document the reasons why such a response was not clearly unreasonable in light of the known circumstances Such a record must be maintained for a period of seven years d The documentation of certain bases or measures does not limit the school district in the future from providing additional explanations or detailing additional measures taken B The school district must also maintain for a period of seven calendar years records of a Each sexual harassment investigation including any determination regarding responsibility any disciplinary sanctions imposed on the respondent and any remedies provided to the complainant designed to restore or preserve equal access to the school district s education program or activity b Any appeal and the result therefrom c Any informal resolution and the result therefrom and d All materials used to train Title IX Personnel IX APPLICATION OF LAWS OTHER THAN TITLE IX If a formal complaint is not filed or is dismissed pursuant to the Title IX grievance procedures because the allegations if true would not constitute sexual harassment as defined in this Policy or if a Decision maker or Appellate decision maker makes a determination that a respondent is not responsible for sexual harassment as it is specifically defined in the Title IX regulations the school district will take appropriate responsive action to address misconduct or inappropriate behavior the extent permitted or required by law which may include conducting an investigation or imposing discipline outside of the formal Title IX grievance procedures where appropriate X GRIEVANCE PROCEDURE AND PROCESS The grievance procedure and process adopted by the school district shall be included with the Policy as an addendum and may be reviewed and revised as deemed appropriate by the school district Title IX Grievance Procedure and Process Addendum to Policy 522 I BASIC REQUIREMENTS FOR GRIEVANCE PROCESS Equitable Treatment 1 The school district shall treat complainants and respondents equitably However equality or parity with respect to supportive measures provided to complainants and respondents is not required 2 The school district will not impose any disciplinary sanctions or take any other actions against a respondent that do not constitute supportive measures until it has completed this grievance process and the respondent has been found responsible 3 The school district will provide appropriate remedies to the complainant when a determination of responsibility for sexual harassment has been made against a respondent Objective and Unbiased Evaluation of Complaints Page 47

1 Title IX Personnel including the Title IX Coordinator Investigator Decision maker and Appellate Decision maker shall be free from conflicts of interest or bias for or against complainants or respondents generally or a specific complainant or respondent 2 Throughout the grievance process Title IX Personnel will objectively evaluate all relevant evidence inculpatory and exculpatory and shall avoid credibility determinations based solely on a person s status as a complainant respondent or witness 3 Title IX Personnel will presume that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process Confidentiality To the extent permitted by governing law and regulations the school district will not release private educational or personnel data about complainants respondents witnesses allegations of sexual harassment investigations decisions dismissals and or findings of responsibility However the school district s obligations under the implementing regulations for Title IX may require disclosure of certain private educational or personnel data to other parties and or witnesses Right to an Advisor Right to a Support Person Complainants and respondents have the right at their own expense to be assisted by an advisor of their choice during all stages of any grievance proceeding including all meetings and investigative interviews The advisor may be but is not required to be an attorney In general an advisor is not permitted to speak for or on behalf of a complainant or respondent appear in lieu of complainant or respondent participate as a witness or participate directly during any phase of the grievance process An advisor to a complainant or respondent may prepare written submissions on behalf of the party Notice The school district will send written notice of any investigative interviews or meetings to any party whose participation is invited or expected The written notice will include the date time location participants and purpose of the meeting or interview and will be provided so as to allow sufficient time for the party to prepare to participate Consolidation The school district may in its discretion consolidate formal complaints as to allegations of sexual harassment against more than one respondent or by more than one complainant against one or more respondents or by one party against the other party where the allegations of sexual harassment arise out of the same facts or circumstances Evidence 1 During the grievance process the school district will not require allow rely upon or otherwise use questions or evidence that constitute or seek disclosure of information protected under a legally recognized privilege unless the person holding such privilege has waived the privilege 2 The school district shall not access consider disclose or otherwise use a party s medical psychological and similar treatment records unless the school district obtains the party s voluntary written consent Burden of Proof Page 48

1 The burden of gathering evidence and the burden of proof shall remain upon the school district and not upon the parties 2 The grievance process shall use a preponderance of the evidence standard i e whether it is more likely than not that the respondent engaged in sexual harassment for all formal complaints of sexual harassment including when school district employees are respondents Timelines 1 Any informal resolution process must be completed within thirty 30 calendar days following the parties agreement to participate in such informal process 2 An appeal of a determination of responsibility or of a decision dismissing a formal complaint must be received by the school district within five 5 calendar days of the date the determination of responsibility or dismissal was provided to the parties 3 Any appeal of a determination of responsibility or of a dismissal will be decided within thirty 30 calendar days of the day the appeal was received by the school district 4 The school district will seek to conclude the grievance process including any appeal within 120 calendar days of the date the formal complaint was received by the school district 5 Although the school district strives to adhere to the timelines described above in each case the school district may extend the time frames for good cause Good cause may include without limitation the complexity of the allegations the severity and extent of the alleged misconduct the number of parties witnesses and the types of other evidence e g forensic evidence involved the availability of the parties advisors witnesses and evidence e g forensic evidence concurrent law enforcement activity intervening school district holidays breaks or other closures the need for language assistance or accommodation of disabilities and or other unforeseen circumstances Potential Remedies and Disciplinary Sanctions The following is the range of possible remedies that the school district may provide a complainant and disciplinary sanctions that the school district might impose upon a respondent following determination of responsibility counseling extensions of deadlines or other course related adjustments modifications of work or class schedules mutual or unilateral restrictions on contact between the parties changes in transportation changes in work locations leaves of absence monitoring of certain areas of the school district buildings or property warning suspension exclusion expulsion transfer remediation termination or discharge If the Decision maker determines a student respondent is responsible for violating this policy the Decision maker will impose or recommend appropriate remedies including disciplinary sanctions consequences The discipline of a student respondent must comply with the applicable provisions of Policy 506 Student Discipline the Minnesota Pupil Fair Dismissal Act the Individuals with Disabilities Education Act IDEA and or Section 504 of the Rehabilitation Act of 1972 and their respective implementing regulations II INITIAL RESPONSE AND ASSESSMENT BY THE TITLE IX COORDINATOR A When the Title IX Coordinator receives a report the Title IX Coordinator shall promptly contact the complainant confidentially to discuss the availability of supportive measures consider the complainant s wishes with respect to supportive measures inform the complainant of the availability of supportive measures with or without the filing of a formal complaint and explain to the complainant the process for filling a formal complaint Page 49

B The school district will offer supportive measures to the complainant whether or not the complainant decides to make a formal complaint The school district must maintain as confidential any supportive measures provided to the complainant or respondent to the extent that maintaining such confidentiality would not impair the school district s ability to provide the supportive measures The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures C If the complainant does not wish to file a formal complaint the allegations will not be investigated by the school district unless the Title IX Coordinator determines that signing a formal complaint to initiate an investigation against the complainant s wishes is not clearly unreasonable in light of the known circumstances D Upon receipt of a formal complaint the school district must provide written notice of the formal complaint to the known parties with sufficient time to prepare a response before any initial interview This written notice must contain a The allegations of sexual harassment including sufficient details known at the time the identities of the parties involved in the incident if known the conduct allegedly constituting sexual harassment and the date and location of the alleged incident if known b A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the grievance process c A statement explaining that the parties may have an advisor of their choice who may be but is not required to be an attorney d A statement that the parties may inspect and review evidence gathered pursuant to this policy e A statement informing the parties of any code of conduct provision that prohibits knowingly making false statements or knowingly submitting false information and f A copy of Policy 522 and this Grievance Procedures document III STATUS OF RESPONDENT DURING PENDENCY OF FORMAL COMPLAINT Emergency Removal of a Student 1 The school district may remove a student respondent from an education program or activity of the school district on an emergency basis before a determination regarding responsibility is made if a The school district undertakes an individualized safety and risk analysis b The school district determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal of the student respondent and c If the school district determines the student respondent poses such a threat it will so notify the student respondent and the student respondent will have an opportunity to challenge the decision immediately following the removal In determining whether to impose emergency removal measures the Title IX Coordinator shall consult related school district policies including Policy 506 Student Discipline The school district must take into consideration applicable requirements of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973 prior to removing a special education student or Section 504 student on an emergency basis Employee Administrative Leave Page 50

The school district may place a non student employee on administrative leave during the pendency of the grievance process of a formal complaint Such leave will typically be paid leave unless circumstances justify unpaid leave in compliance with legal requirements The school district must take into consideration requirements of any applicable collective bargaining agreement or individual contract Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act prior to removing an individual with a qualifying disability IV INFORMAL RESOLUTION OF A FORMAL COMPLAINT A At any time prior to reaching a determination of responsibility informal resolution may be offered and facilitated by the school district at the school district s discretion but only after a formal complaint has been received by the school district B The school district may not require as a condition of enrollment or continued enrollment or of employment or continued employment or enjoyment of any other right waiver of the right to a formal investigation and adjudication of formal complaints of sexual harassment C The informal resolution process may not be used to resolve allegations that a school district employee sexually harassed a student D The school district will not facilitate an informal resolution process without both parties agreement and will obtain their voluntary written consent to participate in the informal resolution process The school district will provide to the parties a written notice disclosing the allegations the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations the parties right to withdraw from the informal resolution process and any consequences resulting from participating in the informal resolution process including the records that will be maintained or could be shared E At any time prior to agreeing to a resolution any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint V DISMISSAL OF A FORMAL COMPLAINT A Under federal law the school district must dismiss a Title IX complaint or a portion thereof if the conduct alleged in a formal complaint or a portion thereof a Would not meet the definition of sexual harassment even if proven b Did not occur in the school district s education program or activity or c Did not occur against a person in the United States B The school district may in its discretion dismiss a formal complaint or allegations therein if a The complainant informs the Title IX Coordinator in writing that the complainant desires to withdraw the formal complaint or allegations therein b The respondent is no longer enrolled or employed by the school district or c Specific circumstances prevent the school district from gathering sufficient evidence to reach a determination C The school district shall provide written notice to both parties of a dismissal The notice must include the reasons for the dismissal and grounds upon which an appeal may be made D Dismissal of a formal complaint or a portion thereof does not preclude the school district from addressing the underlying conduct in any manner that the school district deems appropriate including an investigation pursuant to other school district policies Page 51

VI INVESTIGATION OF A FORMAL COMPLAINT A If a formal complaint is received by the school district the school district will assign or designate an Investigator to investigate the allegations set forth in the formal complaint B If during the course of the investigation the school district decides to investigate any allegations about the complainant or respondent that were not included in the written notice of a formal complaint provided to the parties the school district must provide notice of the additional allegations to the known parties C When a party s participation is invited or expected in an investigative interview the Investigator will coordinate with the Title IX Coordinator to provide written notice to the party of the date time location participants and purposes of the investigative interview with sufficient time for the party to prepare D During the investigation the Investigator must provide the parties with an equal opportunity to present witnesses for interviews including fact witnesses and expert witnesses and other inculpatory and exculpatory evidence E Prior to the completion of the investigative report the Investigator through the Title IX Coordinator will provide the parties and their advisors if any with an equal opportunity to inspect and review any evidence directly related to the allegations The evidence shall be provided in electronic format or hard copy and shall include all relevant evidence evidence upon which the school district does not intend to rely in reaching a determination regarding responsibility and any inculpatory or exculpatory evidence whether obtained from a party or another source The parties will have ten 10 days to submit a written response which the Investigator will consider prior to completion of the investigative report F The Investigator will prepare a written investigative report that fairly summarizes the relevant evidence The investigative report may include credibility determinations that are not based on a person s status as a complainant respondent or witness The investigative report may include recommended findings of fact and conclusions The school district will send the parties and their advisors if any a copy of the report in electronic format or hard copy for their review and written response at least ten 10 days prior to a determination of responsibility VII DETERMINATION REGARDING RESPONSIBILITY A After the school district has sent the investigative report to both parties and before the school district has reached a determination regarding responsibility the Decision maker must afford each party the opportunity to submit written relevant questions that a party wants asked of any party or witness The time allowed for submitting questions and answers is at the discretion of the Decision maker B The Decision maker must provide the relevant questions submitted by the parties to the other parties or witnesses to whom the questions are offered and then provide each party with the answers and allow for additional limited follow up questions from each party C The Decision maker must explain to the party proposing the questions any decision to exclude a question as not relevant D When the exchange of questions and answers has concluded and the parties have been provided at least ten days to review and submit a written response to the investigative report the Decision maker must issue a written determination regarding responsibility that applies the preponderance of the evidence standard to the facts and circumstances of the formal complaint The written determination of responsibility must include the following a Identification of the allegations potentially constituting sexual harassment Page 52

b A description of the procedural steps taken from the receipt of the formal complaint through the determination including any notifications to the parties interviews with parties and witnesses site visits and methods used to gather other evidence c Findings of fact supporting the determination d Conclusions regarding the application of the school district s code of conduct to the facts e A statement of and rationale for the result as to each allegation including a determination regarding responsibility any disciplinary sanctions the school district imposes on the respondent and whether remedies designed to restore or preserve equal access to the school district s education program or activity will be provided by the school district to the complainant and f The school district s procedures and permissible bases for the complainant and respondent to appeal and the date by which an appeal must be made E In determining appropriate disciplinary sanctions the Decision maker should consider the surrounding circumstances the nature of the behavior past incidents or past or continuing patterns of behavior the relationships between the parties involved and the context in which the alleged incident occurred F The written determination of responsibility must be provided to the parties simultaneously G The Title IX Coordinator is responsible for the effective implementation of any remedies H The determination regarding responsibility becomes final either on the date that the school district provides the parties with the written determination of the result of the appeal if an appeal is filed or if an appeal is not filed the date on which an appeal would no longer be considered timely VIII APPEALS A The school district shall offer the parties an opportunity to appeal a determination regarding responsibility or the school district s dismissal of a formal complaint or any allegations therein on the following bases a A procedural irregularity that affected the outcome of the matter e g a material deviation from established procedures b New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter and c The Title IX Coordinator Investigator or Decision maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter B Notice of an appeal must be submitted to the Title IX Coordinator If notice of an appeal is timely received by the school district the school district will notify the parties in writing of the receipt of the appeal assign or designate the Appellate Decision maker and give the parties a reasonable equal opportunity to submit a written statement in support of or challenging the outcome C After reviewing the parties written statements the Appellate Decision maker must issue a written decision describing the result of the appeal and the rationale for the result D The written decision describing the result of the appeal must be provided simultaneously to the parties E The decision of the Appellate Decision maker is final No further review beyond the appeal is permitted Adopted and effective on May 4 2021 Page 53

VI DISTRICT POLICY 524 Book Section Title Number Status Rochester Public Schools Policies 500 STUDENTS Internet Acceptable Use and Safety Policy 522 Active Legal 15 U S C 6501 et seq Children s Online Privacy Protection Act 17 U S C 101 et seq Copyrights 47 U S C 254 Children s Internet Protection Act of 2000 CIPA 47 C F R 54 520 FCC rules implementing CIPA Minn Stat 121A 031 School Student Bullying Policy Minn Stat 125B 15 Internet Access for Students Tinker v Des Moines Indep Cmty Sch Dist 393 U S 503 89 S Ct 733 21 L Ed 2d 731 1969 Minn Stat 125B 26 Telecommunications Internet Access Equity Aid United States v Amer Library Assoc 539 U S 194 123 S Ct 2297 56 L Ed 2d 221 2003 Doninger v Niehoff 527 F 3d 41 2nd Cir 2008 R S v Minnewaska Area Sch Dist No 2149 No 12 588 2012 WL 3870868 D Minn 2012 Tatro v Univ of Minnesota 800 N W 2d 811 Minn App 2011 aff d on other grounds 816 N W 2d 509 Minn 2012 S J W v Lee s Summit R 7 Sch Dist 696 F 3d 771 8th Cir 2012 Kowalski v Berkeley County Sch 652 F 3d 565 4th Cir 2011 Layshock v Hermitage Sch Dist 412 F Supp 2d 502 W D Pa 2006 650 F 3d 205 3rd Cir 2011 Parents Families and Friends of Lesbians and Gays Inc v Camdenton R III Sch Dist 853 F Supp 2d 888 W D Mo 2012 M T v Cent York Sch Dist 937 A 2d 538 Pa Commw Ct 2007 Cross References Adopted Last Revised Last Reviewed 403 Discipline Suspension and Dismissal of School District Employees 406 Public and Private Personnel Data 505 Distribution of Nonschool Sponsored Materials on School Premises by Students and Employees 506 Student Discipline 515 Protection and Privacy of Pupil Records 519 Interviews of Students by Outside Agencies 521 Student Disability Nondiscrimination 522 Student Sex Nondiscrimination 603 Curriculum Development 604 Instructional Curriculum 606 Textbooks and Instructional Materials 806 Crisis Management 904 Distribution of Materials on School District Property by Non school Persons June 20 2006 July 27 2021 May 6 2021 Page 54

I PURPOSE The purpose of this policy is to establish requirements expectations and guidelines for access to the use of Electronic Technology II DEFINITION For purposes of this policy the term Electronic Technology means all electronic systems equipment and devices that are owned leased or supplied by the School District or are otherwise under the control of the School District including but not limited to computers computer systems networks hardware software electronic devices electronic programs electronic storage media databases systems used to supply or facilitate Internet access and Internet access provided by or gained though any School District service system device or equipment Personal devices are not supported on Rochester Public Schools systems Connecting personal equipment to the district s secure network or installing personal software on any district owned system is not permitted without prior approval from the technology department Personal devices may only be connected to the district s guest network systems provided the personal devices comply with district standards and is compatible with the district s systems Any devices attached to the district s network systems are subject to the 524 Acceptable Use Policy and must adhere to the same policies and procedures as district owned equipment III GENERAL STATEMENT OF POLICY In making decisions regarding student and employee access to and use of Electronic Technology the School District considers its own stated educational mission goals and objectives The School District expects that staff will blend thoughtful use of Electronic Technology throughout the curriculum and will provide guidance and instruction to students in their use of such technology Students and staff will be provided with opportunities to practice safe and ethical use of Electronic Technology at school to provide students with a relevant education The School District may also use these tools and other communication technologies in fulfilling its responsibility for effectively communicating with the general public IV LIMITED EDUCATIONAL PURPOSE The School District is providing students and employees with access to Electronic Technology for education purposes The School District system has a limited educational purpose which include use of the system for classroom activities educational research and professional or career development activities Users are expected to use Electronic Technology to further educational and professional goals consistent with the mission of the School District and school policies Uses which might be acceptable on a user s private system may not be acceptable on Electronic Technology which is owned operated or provided by the School District for a limited purpose V USE OF SYSTEM IS A PRIVILEGE NOT A RIGHT Access to and use of Electronic Technology is a privilege not a right Depending on the nature and degree of the violation and the number of previous violations unacceptable use of Electronic Technology may result in one or more of the following consequences suspension or cancelation of use or access privileges payments for damages and repairs discipline under other appropriate School District policies including suspension expulsion or exclusion reprimand suspension or termination of employment censure or removal from the Board or civil or criminal consequences Page 55

or liability under other applicable laws VI UNACCEPTABLE USES A The following uses of Electronic Technology are unacceptable a Users may not use Electronic Technology to access review upload download store print post receive transmit or distribute i pornographic obscene or sexually explicit material or other visual depictions that are harmful to minors ii obscene abusive profane lewd vulgar rude inflammatory threatening disrespectful or sexually explicit images materials language or other data iii materials that use language or images that are inappropriate in the education setting or disruptive to the educational process iv materials that present a risk of harm to students staff Electronic Technology or any School District property v materials that may cause a material and substantial disruption to the educational process vi materials that use language or images that advocate violence or discrimination toward other people hate literature or that may constitute harassment or discrimination b Users may not use Electronic Technology to knowingly or recklessly post transmit or distribute false or defamatory information about a person or organization or to harass another person or to engage in personal attacks including prejudicial or discriminatory attacks c Students are prohibited from audio or video recording on school property without prior permission from the principal or a teacher and that permission will be granted only for an educational purpose d Users may not use Electronic Technology to engage in any illegal act or violate any local state or federal statute or law e Users may not use Electronic Technology to vandalize damage or disable the property of another person or organization may not make deliberate attempts to degrade or disrupt equipment software or system performance by spreading computer viruses or by any other means may not tamper with modify or change the School District system software hardware or wiring or take any action to violate the School District s security system and may not use the School District Electronic Technology in such a way as to disrupt the use of the system by other users f Users may not use Electronic Technology to gain unauthorized access to information resources or to access another person s materials information or files without the implied or direct permission of that person g Users may not use Electronic Technology to post private information about another person personal contact information about themselves or other persons or other personally identifiable information including but not limited to addresses telephone numbers school addresses work addresses identification numbers account numbers access codes or passwords labeled photographs or other information that would make the individual s identity easily traceable and may not repost a message that was sent to the user privately without permission of the person who sent the message h This paragraph does not prohibit the posting of employee contact information on School District webpages or communications between employees and other individuals when such communications are made for education related purposes i e communications with parents or other staff members related to students Page 56

i Employees creating or posting school related webpages may include personal contact information about themselves on a webpage However employees may not post personal contact information or other personally identifiable information about students unless i such information is classified by the School District as directory information and verification is made 1 that the School District has not received notice from a parent guardian or eligible student that such information is not to be designated as directory information in accordance with Policy 515 or ii such information is not classified by the School District as directory information but written consent for release of the information to be posted has been obtained from a parent guardian or eligible student in accordance with Policy 515 In addition prior to posting any personal contact or personally identifiable information on a school related webpage employees shall obtain written approval of the content of the postings from the building administrator These prohibitions specifically prohibit a user from utilizing the school district system to post personal information about a user or another individual on social networks including but not limited to social networks such as MySpace and Facebook Twitter Instagram Snapchat and Reddit and similar websites or applications B Users are responsible for complying with School District password security procedures Users may not attempt to gain unauthorized access to Electronic Technology or any part of the School District s electronic system or any other system through the School District system attempt to log in through another person s account or user computer accounts access codes or network identification other than those assigned to the user Messages and records on the School District system may not be encrypted except by appropriate School District authorities for legal compliance C Users may not use Electronic Technology to violate copyright laws or usage licensing agreements or otherwise to use another person s property without the person s prior approval or proper citation including the downloading or exchanging of pirated software or copying software to or from any school computer and may not plagiarize works they find on the Internet D Users may not use Electronic Technology for conducting business for unauthorized commercial purposes or for financial gain unrelated to the mission of the School District Users may not use the School District system to offer or provide goods or services or to advertise services or products without approval of the Superintendent or designee Users may not use Electronic Technology to purchase goods or services for personal use without authorization from the appropriate School District official E Users will not use the school district system to engage in bullying or cyberbullying in violation of the school district s Bullying Prohibition Policy MSBA MASA Model Policy 514 This prohibition includes using any technology or other electronic communication off school premises to the extent that student learning or the school environment is substantially and materially disrupted a This policy applies to the use of Electronic Technology regardless of whether or not the user is physically present on School District property and regardless of whether or not the user is attending a school sponsored event or activity b If a user inadvertently accesses unacceptable materials or an unacceptable Internet site the user must immediately disclose the inadvertent access to an appropriate School District official In the case of a School District employee the immediate disclosure will be to the employee s immediate supervisor and or the building administrator In certain rare instances a user also may access otherwise unacceptable materials if necessary to complete an assignment and if done with the Page 57

prior approval of and with appropriate guidance from the appropriate teacher or in the case of a School District employee the building administrator c Any student or School District employee who witnesses unacceptable use of Electronic Technology is encouraged to report this unauthorized use to the appropriate School District official VII FILTER School districts which receive certain federal funding such as e rate discounts for purposes of Internet access and connection services and or receive funds to purchase Internet accessible computers are subject to the federal Children s Internet Protection Act effective in 2001 This law requires school districts to adopt an Internet safety policy which contains the provisions set forth below Also the Act requires such school districts to provide reasonable notice and hold at least one public hearing or meeting to address the proposed Internet safety policy prior to its implementation School districts that do not seek such federal financial assistance need not adopt the alternative language set forth below nor meet the requirements with respect to a public meeting to review the policy The following alternative language for school districts that seek such federal financial assistance satisfies both state and federal law requirements A The School District may monitor the online activities of both minors and adults when those activities occur using Electronic Technology The School District will employ technology protection measures The technology protection measures utilized will see to block or filter Internet access to any visual depictions that are a Obscene b Child pornography c Harmful to minors B The term harmful to minors means any picture image graphic image file or other visual depiction that a Taken as a whole and with respect to minors appeals to a prurient interest in nudity sex or excretion b Depicts describes or represents in a patently offensive way with respect to what is suitable for minors an actual or simulated sexual act or sexual contact actual or simulated normal or perverted sexual acts or a lewd exhibition of the genitals c Taken as a whole lacks serious literary artistic political or scientific value as to minors C Software filtering technology will be narrowly tailored and will not discriminate based on viewpoint D The Superintendent may disable the technology protection measure during use by an adult to enable access for bona fide research or other lawful purposes E The School District will educate students about appropriate online behavior including interacting with other individuals on social networking websites and in chat rooms and cyberbullying awareness and response F The use of a Proxy server or service to bypass the filtering technology is not allowed and is a violation of this policy Defeating or bypassing the filtering technology is also a violation of CIPA Children s Internet Protection Act Federal Act 2000 VIII CONSISTENCY WITH OTHER SCHOOL POLICIES All use of electronic technology must be consistent with School District policies and the mission of the School District Page 58

IX NO REASONABLE EXPECTATION OF PRIVACY A By authorizing use of Electronic Technology the School District does not relinquish exclusive control over its Electronic Technology or any data accessed reviewed uploaded downloaded stored maintained printed posted transmitted or distributed using Electronic Technology Users have no reasonable expectation of privacy in the contents of any data including personal files that are accessed reviewed uploaded downloaded stored maintained printed posted transmitted or distributed using Electronic Technology B The School District retains full ownership authority and control over its Electronic Technology To the full extent permitted by law the School District may monitor and inspect the use of Electronic Technology including but not limited to any data that are accessed reviewed uploaded downloaded stored maintained printed posted transmitted or distributed using Electronic Technology Such monitoring and inspection may occur as authorized by the Superintendent or the Superintendent s designee without any notice to the user C Routine maintenance monitoring or inspection of Electronic Technology may lead to a discovery that a user has violated this policy another School District policy or the law D An investigation or search related to employee use will be conducted when authorized by the Superintendent the Superintendent s designee or the School Board An investigation or search related to student use will be conducted when authorized by the building principal or assistant principal the Superintendent the Superintendent s designee or the School Board E Parents have the right at any time to investigate or review the contents of their child s files and e mail files Parents have the right to request the termination of their child s individual account at any time F School district employees should be aware that the school district retains the right at any time to investigate or review the contents of their files and e mail files In addition school district employees should be aware that data and other materials in files maintained on the school district system may be subject to review disclosure or discovery under Minn Stat Ch 13 the Minnesota Government Data Practices Act G The school district will cooperate fully with local state and federal authorities in any investigation concerning or related to any illegal activities or activities not in compliance with school district policies conducted through the school district system H Parents and guardians should notify the building principal if they have concerns about their child s access to or use of Electronic Technology I School District employees should be aware that data and other materials in files that are sent received or maintained on or through the use of Electronic Technology are subject to review disclosure or discovery under Minnesota Statutes Chapter 13 the Minnesota Government Data Practices Act J Subject to the Minnesota Government Data Practices Act the School District will cooperate fully with local state and federal authorities in any investigation concerning or related to any illegal activities or activities not in compliance with School District policies conducted through the School District system X INTERNET USE AGREEMENT A The proper use of the Internet and the educational value to be gained from proper Internet use is the joint responsibility of students parents guardians and employees of the School District B Before using Electronic Technology to access the Internet students and School District employees are required to review and sign an Internet Use Agreement Page 59

C In lieu of the Internet Use Agreement Form the District may use a pop up window requiring students and employees to accept the terms and conditions as stated in the Internet Use Agreement before access will be granted to the user XI LIMITATION ON SCHOOL DISTRICT LIABILITY All use of Electronic Technology is at the user s own risk Electronic Technology is provided on an as is as available basis The School District is not responsible for any damage users may suffer including but not limited to loss damage or unavailability of data accessed processed or stored on any Electronic Technology for delays or changes in or interruptions of service or any delivery or non delivery of information or materials regardless of the cause The School District is not responsible for the accuracy or quality of any advice or information obtained through or stored on Electronic Technology The School District will not be responsible for financial obligations arising through unauthorized use of Electronic Technology XII USER NOTIFICATION A All users will be notified of this Policy This notification will include the following a Notification that Electronic Technology use is subject to compliance with School District policies b Disclaimers limiting the School District s liability relative to the use of Electronic Technology B Information stored on school district diskettes hard drives or server C Information retrieved through school district computers networks or online resources D Personal property used to access district computers networks or online resources E Unauthorized financial obligations resulting from use of school district resources account to access the Internet a A description of the private rights and limitations of school sponsored managed Internet accounts b Notification that even though the School District may use technical means to limit student Internet access these limits do not provide a foolproof means for enforcing the provisions of this acceptable use policy c Notification that goods and services can be purchased over the Internet that could potentially result in unwanted financial obligations and that any financial obligation incurred by a student through the Internet is the sole responsibility of the student and or the student s parents guardians d Notification that the collection creation reception maintenance and dissemination of data via the Internet including electronic communications is governed by Policy 406 Public and Private Personnel Data and Policy 515 Protection and Privacy of Pupil Records e Notification that should the user violate the School District s acceptable use policy the user s access privileges may be revoked school disciplinary action may be taken and or appropriate legal action may be taken f Notification that all provisions of the acceptable use policy are subordinate to local state and federal laws XIII PARENTS RESPONSIBILITY NOTIFICATION OF STUDENT INTERNET USE A Outside of school parents bear responsibility for the same guidance of Internet use as they exercise with information sources such as television telephones radio movies and other possibly offensive media Parents are responsible for monitoring their student s use of the school Page 60

district system and of the Internet if the student is accessing the school district system from home or a remote location B Parents will be notified that their students will be using school district resources accounts to access the Internet and that the school district will provide parents the option to request alternative activities not requiring Internet access This notification should include a A copy of the user notification form provided to the student user b A description of parent guardian responsibilities c A notification that the parents have the option to request alternative educational activities not requiring Internet access and the material to exercise this option d A statement that the Internet Use Agreement must be signed by the user the parent or guardian and the supervising teacher prior to use by the student e A statement that the school district s acceptable use policy is available for parental review XIV IMPLEMENTATION POLICY REVIEW A The school district administration may develop appropriate user notification forms guidelines and procedures necessary to implement this policy for submission to the school board for approval Upon approval by the school board such guidelines forms and procedures shall be an addendum to this policy B The administration shall revise the user notifications including student and parent notifications if necessary to reflect the adoption of these guidelines and procedures C The school district Internet policies and procedures are available for review by all parents guardians staff and members of the community D Because of the rapid changes in the development of the Internet the school board shall conduct an annual review of this policy Page 61

VIII STUDENT HEALTH STUDENT HEALTH In order to provide a safe and healthy learning environment for all students and staff RPS will follow public health guidelines for health related policies and communicable disease It is the responsibility of the parent guardian to notify the Health Office at the student s school regarding health concerns or changes in student health status For more information contact your school Health Office or visit the RPS website www rochesterschools org When a student is sick parents often wonder whether or not to keep a child at home from school Staying home and resting will help the body fight the sickness and is one of the best ways to keep others from becoming ill For more information regarding appropriate times to keep your child at home visit the RPS website www rochesterschools org INFECTIOUS DISEASES By law a number of infectious diseases must be reported to the Minnesota Department of Health The health office should be notified when a student has a communicable disease e g chicken pox strep throat pertussis norovirus COVID 19 so appropriate measures may be taken Notices may be sent home with other students when these conditions occur in a classroom For a list of common childhood diseases symptoms communicability and source of infection please visit the Minnesota Department of Health http www health state mn us diseasereport HEAD LICE In order to provide a safe and healthy learning environment for all students and staff RPS will follow public health guidelines for head lice and communicable diseases Head lice infestation is a common problem among students Although they are a nuisance head lice do not transmit disease School transmission is rare If students are found to have live lice in their hair parent guardians will be contacted by a health office staff member The students may remain in school until the end of the school day and return to school after the first application of treatment has been completed per directions sent home with the students CONJUNCTIVITIS PINKEYE Conjunctivitis pinkeye is a common illness spread among young children and causes redness and inflammation of both the eye and eyelid Conjunctivitis is easily spread and typically resolves without medication While it is contagious as long as symptoms are present the American Academy of Pediatrics has stated that the risks associated with conjunctivitis infection are comparable to those of the common cold Based on current research cases of conjunctivitis now require no exclusion from school or childcare settings unless there is a fever present or the child is not healthy enough to participate in routine activities If a fever is present or if there is eye pain discharge it is recommended that the child be seen by their health care provider VISION AND HEARING SCREENINGS Students will be screened to identify potential vision or hearing concerns The screenings are not intended to replace professional examinations Students in first grade will have a vision and Page 62

hearing screening Students in third and seventh grades will only have a vision screening Vision and hearing screenings will also be performed on elementary and middle school students new to Rochester Public Schools If you wish your child to be excluded from either or both of these screenings please notify your student s health office at the beginning of every school year Vision and or hearing screenings may also be performed for a student if there is parent or teacher concern Parents will be notified through a referral process if the student does not pass either screening For the current school year screenings will be provided to students in first third and seventh grades MENTAL HEALTH The Emotional and Mental Well being Team promotes the social development well being mental health and academic achievement of all RPS students Our interdisciplinary team promotes positive student connections with peers family school and community We support students development of healthy relationships self reflection problem solving skills and academic planning to optimize college and career readiness The Team consists of professionals from several different areas of focus and training 1 Chemical Health Specialists are Licensed Alcohol and Drug Counselors that support students struggling with substance use The district employs two chemical health specialists housed at John Marshall High School and the Rochester Alternative Learning Center 2 Mental Health Practitioners provide services to promote the development of skills that students do not have because of their mental health diagnosis They provide services to students with the highest level of need through an embedded coaching model The district employs 32 MHPs across the district from early childhood through transition age programs 3 School Based Mental Health Therapists are employed by our community mental health partner agencies that provide mental health therapy and skills services within our school building Services are available at 15 different buildings across the district 4 School Counselors are masters level trained and licensed professionals that help students apply academic achievement strategies manage emotions and build interpersonal skills support mental health needs and plan for postsecondary options higher education military work force All schools have a school counselor and our secondary buildings have multiple counselors 5 School Social Workers are licensed professionals that support the non academic needs of students They can assist with mental health concerns social emotional or behavioral concerns basic living needs and connecting with resources as well as provide direct services to students 6 Student Resiliency Specialists serve as a first point of contact for students at the high school setting They provide individual and group support to students and facilitate connections with the other providers At several schools they also provide oversight to peer support programs Page 63

Frequently Asked Questions I am worried about my own mental health What can I do If you are concerned about your own mental health often the best thing you can do is to share with someone you trust how you are feeling Many people suffering with mental illness stay silent which only makes your symptoms worse There is help available and even just sharing your worries thoughts and feelings may help you feel better A first step you can take right now is completing the screener If the screener indicates a concern share the results with a trusted adult or schedule an appointment with someone on the Emotional and Mental Well being Team Will you tell my parents Students can request to meet with a member of the EMW Team without consent from parents similar to how you could ask to talk with your teacher or principal If you are meeting consistently they may need to get consent from your parent guardian but they will talk with you first before reaching out What should I expect if I schedule an appointment with a member of the Emotional and Mental Well being Team The provider will spend some time getting to know you and what is troubling you They may use a screening tool and talk through the results with you Together you will think through the issues and develop some next steps that you could take Where can I learn more https www mhanational org taking good care yourself https www rochesterschools org families student services emotional and mental well bein g teams Page 64

IX Notification of Rights Under FERPA The Family Educational Rights and Privacy Act FERPA affords parents and students who are 18 years of age or older eligible students certain rights with respect to the student s education records These rights are 1 The right to inspect and review the student s education records within forty five 45 days after the day the District receives a request for access Parents or eligible students who wish to inspect their child s or their education records should submit to the District a written request that identifies as precisely as possible the records they wish to inspect Since the Minnesota Government Data Practices Act MGDPA outlines a shorter time period for responding to a records request made by the subject of the records the District will respond to the written request immediately if possible or within ten 10 days excluding weekends and legal holidays and arrange for inspection and review at one District site at a mutually agreeable time during normal business hours If a parent or eligible student requests copies of records the District reserves the right to impose a copying charge to the extent permitted by law Requests to inspect records should be submitted to the District s Superintendent who acts as the Responsible Authority pursuant to the MGDPA 2 The right to request the amendment of the student s education records that the parent or eligible student believes are inaccurate misleading or otherwise in violation of the student s privacy rights under FERPA Parents or eligible students who wish to ask the District to amend their child s or their education record should submit to the District a written request that clearly identifies the item the requestor believes to be inaccurate misleading or in violation of the privacy or other rights of the student states the reason for this belief and specifies the correction the requestor wishes the District to make The request must be signed and dated by the requestor The request should be submitted to the District s Superintendent The District will decided whether to amend the record within thirty 30 days of receipt of the request If the District decides not to amend the record as requested by the parent or eligible student the District will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing 3 The right to provide written consent before the District discloses personally identifiable information PII from the student s education records except to the extent that federal and state law authorize disclosure without consent One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests A school official includes a a person duly elected to the School Board b a person employed by the School Board in an administrative supervisory instructional or other professional position c a person employed by the School Board as a temporary substitute in a professional position for the period of his or her performance as a substitute and d a person employed by or under contract to the School Board to perform a special task such as a secretary a clerk as public information Page 65

officer or data practices compliance official an attorney or an auditor for the period of his or her performance as an employee or contractor A school official has a legitimate educational interest if the interest directly relates to classroom instruction teaching student achievement and progress discipline of a student student health and welfare and the ability to respond to a request for education data A legitimate educational interest includes but is not limited to a person s need to know in order to 1 perform an administrative task required in the person s contract or position description 2 perform a supervisory or instructional task directly related to the student s education 3 perform a service or benefit for the student or student s family such as health care counseling student job placement or student financial aid and 4 perform a task directly related to responding to a request for data Upon request the District discloses education records without consent to officials of another school school district or institution of post secondary education in which a student seeks or intends to enroll or is already enrolled if the disclosure is for purposes of the student s enrollment or transfer 4 The right to file a complaint with the U S Department of Education concerning alleged failures by the District to comply with the requirements of FERPA The name and address of the Office that administers FERPA are Family Policy Compliance Office U S Department of Education 400 Maryland Avenue SW Washington DC 20202 Page 66

X Student Privacy Information This is a required information notice regarding how Rochester Public Schools has defined public directory information how Rochester Public Schools will share basic contact information with military recruiters and post secondary institutions and how families may exercise the right to opt out of certain information sharing Please take a moment to read this information and if you wish to make your student s directory information private or limit the disclosure of information on your student to military recruiters and post secondary institutions you will need to complete the appropriate forms by October 1 2023 Consistent with State and Federal law School Board Policy 515 designates directory information as information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed It includes but is not limited to the student s name address telephone listing photograph date and place of birth major field of study dates of attendance grade level enrollment status i e full time or part time participation in officially recognized activities and sports weight and height of members of athletic teams degrees honors and awards received and the most recent educational agency or institution attended It also includes the name address and telephone number of the student s parent s Directory information does not include personally identifiable data which references religion race color social position nationality social security numbers student I D numbers user IDs or other unique personal identifiers that may be used to access educational records without the use of one or more factors that authenticate the student s identity or data collected from nonpublic school students other than those who receive shared time educational services unless written consent is given by the student s parent or guardian Procedure for Making Any Student s Directory Information Private Directory information is classified as public information unless a family completes an opt out form requesting some or all directory information to be treated as private The parent or eligible student must complete Form 515A1 Notice of Right to Refuse Release of Public Data which will provide written notice to the Office of Registration Records and will include the following 1 Name of the student and or parent as appropriate 2 Home address 3 School presently attended by student 4 Parent s legal relationship to student if applicable 5 Specific categories of directory information to be made not public without the parent s or eligible student s prior written consent which will only be applicable for that school year Disclosure of Data to Military Recruitment Officers and Post Secondary Educational Institutions The School District will release the names addresses and home telephone numbers of secondary students in grades 11 and 12 to military recruiting officers and post secondary educational institutions within sixty 60 days after the date of the request unless a parent or eligible student has refused in writing to the release of information to military recruiters and post secondary institutions Data released to military recruiting officers under this provision 1 may be used only for the purpose of providing information to students about military service state and federal veterans education benefits Page 67

and other career and educational opportunities provided by the military and 2 cannot be further disseminated to any other person except personnel of the recruiting services of the armed forces A parent or eligible student has the right to refuse the release of the name address or home telephone number to military recruiting officers and post secondary educational institutions To refuse the release of the above information to military recruiting officers and post secondary educational institutions a parent or eligible student must complete Form 515A2 Notice of Right to Refuse Release of Public Data to Military Recruiters and or Post Secondary Institutions which will provide written notice to the Office of Registration Records and will include the following 1 Name of student and parent as appropriate 2 Home address 3 Student s grade level 4 School presently attended by student 5 Parent s legal relationship to student if applicable 6 Specific category or categories of information which are not to be released to military recruiters and post secondary educational institutions 7 Specific category or categories of information which are not to be released to the public including military recruiters and post secondary educational institutions Even if a family or eligible student completes a Form 515A2 the District will still disclose without consent to officials of another school school district or institution of post secondary education in which a student seeks or intends to enroll or is already enrolled if the disclosure for purposes of the student s enrollment or transfer Forms discussed above can be found online by clicking the links below Completed forms may be faxed to 507 281 6086 or emailed to registration rochesterschools org or dropped off at the Edison Administration Building Registration and Records Department 615 7th Street SW Rochester MN 55902 Form 515A1 Notice of Right to Refuse Release of Public Data Form 515A2 Notice of Right to Refuse Release of Public Data to Military Recruiters and or Post Secondary Educational Institutions Page 68

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Student Technology Device Use Agreement Updated June 2022 Rochester Public School believes technology can enhance students learning experiences by creating opportunities for personalized and relevant learning Technology can be a tool to amplify student voices and empower them to think critically communicate collaborate solve problems and become digital citizens Device Ownership All technology devices issued to students are owned by and are the property of the Rochester Public Schools Technology devices are issued for educational use only and use of a technology device for any purpose other than educational use results in consequences up to and including loss of device privileges or other consequences as outlined in the Student Handbook A student s privilege of possession and use of a district issued device is limited to and conditioned upon full and complete compliance with the applicable standards for acceptable use of a device set out in this Student Technology Device Use Agreement as well as the district s Internet Acceptable Use and Safety Policy 524 Student Handbook and or Student Code of Conduct Term of Possession A student s privilege to use and possess an assigned technology device terminates not later than the last day of school as determined by Rochester Public Schools unless earlier terminated by RPS or upon a student s withdrawal from RPS The failure of a timely return of a technology device and the continued use of a technology device for non school purposes without the consent of RPS will be considered unlawful appropriation of school property Acceptable Use All students need to abide by the Internet Acceptable Use and Safety Policy 524 Students may not Play internet games on the district issued technology device except those assigned by your teacher Download save or install any games music or non school related applications or programs on the technology device Search or view content that is not school and age appropriate When sending digital communication students must adhere to the following rules Use appropriate language Refrain from transmitting any language or other material that is profane lewd obscene abusive bullying or offensive to others Do not send mass chain or spam emails Do not engage in private chatting or e mailing during class without express permission from the teacher Note All e mail sent and received on a technology device belonging to RPS is subject to inspection by the school or district at any time Technology Device Care Page 72

General Care Students should not Leave their technology device in any unsupervised area including a car Keep or store food drink next to the device when in use or in a backpack Carry the technology device while the screen is open Reconfigure or change the hardware of the technology device in any way Screen Care Screens are particularly sensitive to damage from excessive pressure Clean the display with a soft dry cloth or anti static cloth Students should not Lean or place anything on the top of the technology device when it is closed Place anything near the technology device that could put pressure on the screen Place anything in the carrying case that will press against the cover Damage the display or camera Place anything on the keyboard before closing the lid e g pens pencils etc Technology Device Security Password Protection Students must password protect their assigned technology device Students are expected to promptly provide the passwords to the school designee upon request Students are not to loan a technology device to other students or borrow a technology device from another student or share passwords or user names with others Storage Technology devices must be stored in a secure area Filtering The district filters web traffic for district issued devices Students circumventing web filtering is in violation of Policy 524 Section 7 File Management Students are responsible for ensuring that their work on the technology device is not lost due to malicious treatment of software or hardware or accidental deletion Software Originally Installed Software Each assigned technology device will have software pre installed Students may not remove or alter the originally installed software unless specifically instructed to do so by a teacher or school designee Students may not download or install any additional software unless specifically instructed to do so by a teacher or school designee Inspection Technology devices may be checked periodically to ensure that no new software has been added and software that is no longer needed has been removed Students may also be selected at random to provide their technology device for inspection by a school designee Privacy and Safety Students are expected to take precautions to protect their privacy and security when using an assigned technology device Students should not Enter chat rooms or send chain e mails without written permission of a teacher or administrator Open an e mail or any attachment from a sender that the student does not recognize without first consulting and receiving permission from a teacher or administrator Open use or change computer files that do not belong to the student Reveal their full name phone number home address social security number credit card numbers password s or any identifying personal information through use of a technology device Page 73

Remember that storage in any form on the technology device or any network provided or maintained by the district is not private or confidential Lost Stolen or Damaged Device If a district issued device is lost stolen or damaged the student must immediately notify a staff member or building administration If a police report is filed the student is expected to cooperate and provide truthful information A student whose technology device is lost stolen or damaged due to a violation of this Student Technology Device Use Agreement purposeful action and or negligence is subject to consequences as outlined in this agreement If a lost or stolen technology device is not recovered or if a technology device is otherwise damaged the student and the student s parent s or guardian s will be financially responsible for the technology device Consequences If a student fails to timely and fully comply with all terms of this Student Technology Device Use Agreement including timely return of an assigned technology device the following consequences will result First Offense Written warning and or up to one week suspension from technology privileges The student s parent or guardian will also be contacted Second Offense Two week suspension from technology privileges The student s parent or guardian will be contacted Third Offense Suspension from technology device privileges for a time to be determined by site administration based on circumstances and severity of the violation not to exceed one school year The student s parent or guardian will be notified Note Consequences may not necessarily be followed in order and that progressive consequences are not required depending on the circumstances and or severity of any particular violation of this policy Modifications will be made for students to continue learning upon loss of technology privileges Students who fail to abide by the guidelines and requirements of this Student Technology Device Use Agreement are also subject to disciplinary consequences under the Student Code of Conduct Financial Responsibility If a technology device is lost stolen or damaged the student and the student s parent s or guardian s will be responsible for the cost of repair or for the device s fair market value on the date of loss or damage The district will not pay for loss or damage caused by or resulting from the following 1 Dishonest fraudulent or criminal acts 2 Any loss to accounts valuable documents music or videos records or assignments Students are responsible for backing up their own data A repair claim may only cover material issues with the device not lost opportunities or data 3 Loss caused by failure to use all reasonable means to protect the technology device that has been damaged 4 Disappearance not accompanied by a police report Final determination of charges for repair or replacement will be made by building administration Page 74

Replacement Costs Prices may vary depending on availability make or model but average to the prices below Please note that families may be responsible for the replacement costs associated with any part accessory or the full device This cost will be billed at the cost of the specific repair or replacement up to the full cost of the device replacement Chromebook Full replacement 25 cost 0 10 Keyboard 0 20 Motherboard 0 Cover 40 Hinge 30 USB Ports 30 TouchPad 30 Charger 35 iPad Full replacement 28 cost 0 10 Screen 0 Charger 10 Page 75

XIII ACKNOWLEDGEMENT OF STUDENT HANDBOOK Please sign and return this form to your child s school or complete the form online through the Skyward family portal by October 1 2023 in order to ensure that all parents guardians and students have received and reviewed a copy of the Rochester Public Schools RPS Student Handbook Handbook We the undersigned understand that the RPS Handbook contains information for parents guardians and students We acknowledge that we have received and reviewed a copy of the Handbook We are aware that the Handbook contains information and policies for our review We understand that all students will be held accountable for their behavior and that failure to abide by the guidelines for student behavior can result in disciplinary action We further understand that our failure to return this acknowledgment does not excuse any individual from complying with the Handbook or any RPS policies regulations and guidelines We are aware that RPS reserves the right at any time to add to or modify the policies regulations and behavioral standards contained in the Handbook SIGNATURE OF STUDENT PRINT NAME OF STUDENT DATE SIGNATURE OF PARENT GUARDIAN PRINT NAME OF PARENT GUARDIAN DATE Do you have any concerns or suggestions regarding RPS s disciplinary policies including any concerns or suggestions related to fairness and non discrimination Please provide them here Page 76

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