18-19 Required Notifications

 

Bath County Public Schools Logo
2018 – 2019

REQUIRED NOTIFICATIONS

TABLE OF CONTENTS – REQUIRED NOTIFICATIONS

1. Acceptable Computer System Use Agreement
2. Administering Medication
3. Annual Measurable Objectives
4. Availability of School Division Policies and Regulations
5. Budget
6. Child Abuse & Neglect Reporting
7. Child Nutrition Programs
8. Code of Student Conduct, Compulsory Attendance Law, Parental Responsibility and Involvement
9. Cost Per Pupil
10. Counseling
11. Eating Disorders
12. Emergency Procedures
13. Emergency School Closings
14. English Learners
15. Fees
16. FERPA
17. Graduation Requirements
18. High School Credit-Bearing Courses Taken in Middle School
19. Homeless Students
20. Insurance – School Related Accidents
21. National Assessment of Educational Progress
22. Nondiscrimination
23. PPRA (Protection of Pupil Rights Amendment)
24. Promotion, Retention and Remediation Policies
25. Prosecution of Juveniles as Adults
26. School Bus Rider Safety Rules
27. Services for Students Identified as Hearing Impaired or Visually Impaired
28. Sex Offender Registry

Attached School Board Policies
o GAB/IIBEA – Acceptable Computer System Use
o GAB-E1/IIBEA-E2 – Acceptable Computer System Use Agreement
o GAB-R/IIBEA-R – Acceptable Computer System Use (Regulation)
o IGA-R – Basic Instructional Program Grading System/Promotion-Retention
o IGBC – Parent and Family Engagement
o IGBF – English Learners
o IKF – The Virginia Assessment Program and Graduation Requirements
o JED – Student Absences/ Excuses/ Dismissals
o JED-R – School Attendance Regulations
o JFC – Student Conduct
o JFC-R – Standards of Student Conduct
o JHCD – Administering Medicines to Students
o JHCD-R(E) – Authorization for Administering Medication
o JHCD-R – Administering Medications to Students (Regulation)
o JHCH – School Meals and Snacks
o JN – Student Fees, Fines, & Charges
o JO – Student Records
o KFB – Administration of Surveys & Questionnaires
o KN – Sex Offender Registry Notification
o KP – Parental Rights and Responsibilities

**A current copy of division policies is available on the division’s website and in the main office of each school.

1. Acceptable Computer System Use Agreement
Each student and his or her parent must sign an acceptable computer use agreement before using the division’s computer system. A form will be sent home at the beginning of the year for parents and students to sign. See BCPS policy GAB/IIBEA, GAB-E1/IIBEA-E2 and GAB-R/IIBEA-R in the appendix.

2. Administering Medication
BCPS Policy JHCD
Medications Prescribed for Individual Students
Employees of Bath County School Board may give medication prescribed for individual students only pursuant to the written order of a physician, physician assistant, or nurse practitioner and with written permission from the student’s parent or guardian. Such medicine must be in the original container and delivered to the principal, school nurse, or school division designee by the parent or guardian of the student.
Nonprescription Medications
Employees of Bath County School Board may give nonprescription medication to students only with the written permission of the parent or guardian. Such permission shall include the name of the medication, the required dosage of the medication, and the time the medicine is to be given. Such medicine must be in the original container and delivered to the principal, school nurse, or school division designee by the parent or guardian of the student.

3. Annual Measurable Objectives
A link to the school report cards is available on each school’s website and the division website. The school report card has information on the performance of various subgroups towards the Annual Measurable Objectives.

4. Availability of School Division Policies and Regulations
BCPS Policy BF
Per BCPS policy BF, the School Board shall be guided by written policies that are readily accessible to the Board, division employees, students, parents, and citizens. All division policies will be reviewed at least every five years and revised as needed.
A current copy of division policies will be posted on the division’s website http://www.bath.k12.va.us. Anyone that does not have internet access may request copies of specific policies at the school board office.

5. Budget
Upon approval of the school division’s annual budget by the Board of Supervisors, the budget is published to the division website. It is also available at the school board office in hard copy upon request.

6. Child Abuse and Neglect Reporting
BCPS Policy GAE/JHG
Bath County Public School employees, in compliance with the Code of Virginia, Title 63.1, Chapter 12.1 Child Abuse and Neglect, shall report to the Department of Social Services, incidents of suspected child abuse and/or neglect.

7. Child Nutrition Programs
BCPS Policy EFB, JHCH
The Bath County school division provides free and reduced-price breakfast and lunches to students according to the terms of the National School Lunch Program and the National School Breakfast Program.
School officials determine student eligibility based on guidelines established by federal law. Eligible students are provided nutritionally acceptable meals free or at a reduced cost if state and federal resources for school food programs are available. The superintendent or designee establishes rules and procedures as needed to implement this policy.
The criteria for determining a student’s eligibility and the procedures for securing free and reduced-price meals is publicly announced at the beginning of each school year and provided to parents of all children in attendance at Bath County public schools.

The division’s policy with regard to situations in which a student who is eligible for a reduced-price meal does not have money on account or in hand to cover the portion of the cost of the meal at the time of service is stated in Policy JHCH School Meals and Snacks.
The students who participate in the free or reduced-cost meals program are not overtly identified, distinguished or served differently than other students.

8. Code of Student Conduct, Compulsory Attendance Law, Parental Responsibility and Involvement BCPS is required to provide a copy of the policies regarding parental responsibility and involvement, standards of student conduct, and the compulsory school attendance law and enforcement procedures.
See policy KP, IGBC, JFC, JFC-R, JED and JED-R, located in the appendix, for this information.
A Parental Statement of Receipt will be sent home at the beginning of the school year for parents and students to sign acknowledging the receipt of the above policies.

9. Cost Per Pupil
Notification of the estimated average per pupil cost for public education in Bath County Public Schools will be posted to the division website. It is also available at the school board office in hard copy upon request.

10. Counseling
BCPS Policy IJ
Each school provides the following guidance and counseling services to all students:

• Academic guidance which assists students and their parents to acquire knowledge of the curricula choices available to students, to plan a program of studies, to arrange and interpret academic testing and to seek post-secondary academic opportunities.
• Career guidance which helps students to acquire information and plan action about work, jobs, apprenticeships and post-secondary educational and career opportunities.
• Personal/social counseling which assists a student to develop an understanding of themselves, the rights and needs of others, how to resolve conflict and to define individual goals, reflecting their interests, abilities and aptitudes. Information and records of personal/social counseling will be kept confidential and separate from a student’s educational records and not disclosed to third parties without prior parental consent or as otherwise provided by law. Parents may elect, by notifying their child’s school in writing, to have their child not participate in personal/social counseling.

No student is required to participate in any counseling program to which the student’s parents object.
The guidance and counseling program does not include the use of counseling techniques which are beyond the scope of the professional certification or training of counselors, including hypnosis, or other psychotherapeutic techniques that are normally employed in medical or clinical settings and focus on mental illness or psychopathology.
Parents are notified annually about the counseling programs which are available to their children. The notification will include the purpose and general description of the programs, information regarding ways parents may review materials to be used in guidance and counseling programs at their child’s school and information about the procedures by which parents may limit their child’s participation in such programs.
Employment Counseling and Placement Services

The School Board provides to secondary student’s employment counseling and placement services to furnish information relating to the employment opportunities available to students graduating from or leaving the schools in the school division. Such information includes all types of employment opportunities, including, but not limited to, apprenticeships, the military, career education schools and the teaching profession. In providing such services, the School Board consults and cooperates with the Virginia Employment Commission, the Department of Labor and Industry, local business and labor organizations and career schools.
If the School Board provides access to one or more of its high schools and contact with such high school’s student body or other contact with its high school students during a school or school division-sponsored activity to persons or groups for occupational, professional or educational recruitment, it provides equal access on the same basis to official recruiting representatives of the military forces of the Commonwealth and the United States.
Academic and Career Plans
Schools develop a personal Academic and Career Plan for each seventh-grade student with completion by the fall of the student’s eighth-grade year. Plans are developed for students who transfer from other than a Virginia public school into the eighth grade as soon as practicable following enrollment. Students who transfer into a Virginia public school after their eighth-grade year have an Academic and Career Plan developed upon enrollment.
The components of the Plan include, but are not limited to, the student’s program of study for high school graduation and a postsecondary career pathway based on the student’s academic and career interests.
The Academic and Career Plan is developed in accordance with guidelines established by the Board of Education and signed by the student, student’s parent or guardian and school official(s) designated by the principal. The Plan is included in the student’s record and is reviewed and updated, if necessary, before the student enters the ninth and eleventh grades. The school meets its obligation for parental involvement if it makes a good faith effort to notify the parent or guardian of the responsibility for the development and approval of the plan.

11. Eating Disorders
from Code of Virginia § 22.1-273.2
Eating disorders are serious health problems that usually start in childhood or adolescence and affect both girls and boys. With early diagnosis, eating disorders are treatable with a combination of nutritional, medical, and therapeutic supports. Recognizing the importance of early identification of at-risk students, the 2013 Virginia General Assembly passed a law requiring each school board to provide parent educational information regarding eating disorders on an annual basis to students in the fifth through twelfth grades.

It is important to note that eating disorders are not diagnosed based on weight changes as much as behaviors, attitudes, and mindset. Symptoms may vary between males and females and in different age groups. Often, a young person with an eating disorder may not be aware that he/she has a problem or keeps the issues secret. Parents/guardians and family members are in a unique position to notice symptoms or behaviors that cause concern. Noting behaviors common to people with eating disorders may lead to early referral to the primary care provider. It is important for eating disorders to be treated by someone who specializes in this type of care.
After reviewing the information, if you think your child may be showing signs of a possible eating disorder, please contact your primary health care provider, school nurse, or one of the resources listed below.
• Academy for Eating Disorders (AED)
http://www.eatingdisorderhope.com/information/help-overcome-eating-disorders/non-profits- organizations/aed
• Families Empowered and Supporting Treatment of Eating Disorders (F.E.A.S.T.) www.feast-ed.org
• National Eating Disorders Association
www.nationaleatingdisorders.org (Toll free, confidential Helpline, 1-800-931-2237) Additional resources may be found at:
• Virginia Department of Education
http://www.doe.virginia.gov/support/health_medical/office/index.shtml, (under the heading, “Eating Disorders Parent Information Sheet”.)

12. Emergency Procedures
BCPS Policy EB
Each school will develop a written school crisis, emergency management and medical emergency response plan as defined below. The School Board will annually review each school’s plan and will provide copies of such plans to the chief law-enforcement officer, the fire chief, the chief emergency medical services official, and the emergency management official of the locality.
The school administration will ensure that each school has:

1. written procedures to follow in emergencies such as fire, injury, illness, and violent or threatening behavior. The plan will be outlined in the student handbook and discussed with staff and students during the first week of each school year;
2. space for the proper care of students who become ill;
3. a written procedure for responding to violent, disruptive or illegal activities by students on school property or during a school sponsored activity; and
4. written procedures to follow for the safe evacuation of persons with special physical, medical, or language needs who may need assistance to exit a facility.

13. Emergency School Closings
Bath County Public Schools uses the School Messenger System in case of inclement weather and emergency closings. This system is dependent upon accurate telephone number and email information. If your telephone number or email changes for any reason, please notify the school office as soon as possible so that we can update that information on the School Messenger System. Also, announcements regarding school closings and delays will be made by 7:00 AM by area radio and television stations. The Superintendent will notify the following stations:

FM 107.1 WCHG, Hot Springs TV Channel 7 WDBJ, Roanoke
TV Channel 10 WSLS, Roanoke
A link for school closing information is available on the division web page (http://www.bath.k12.va.us).
If weather reports indicate improving weather conditions that would allow school to open on a 1-hour or 2-hour delay, bus and school schedules will be adjusted accordingly.
Inclement weather routes will be observed during icy/unsafe road conditions. During inclement weather, buses will not run on specific routes. The inclement weather routes will be established annually and communicated to parents/guardians by letter, posted to the school website, printed in local newspapers, no later than October 15.

14. English Learners
BCPS Policy IGBF
The Bath County School Board provides programs to improve the education of English learners by assisting the children to learn English and meet Virginia’s challenging academic content and student academic achievement standards.
The School Board annually assess the English proficiency of all English learners.
The School Board, not later than 30 days after the beginning of the school year, informs a parent or the parents of an English learner identified for participation in, or participating in, a program for English learners, of
• the reasons for the identification of their child as an English learner and in need of placement in a language instruction education program;
• the child’s level of English proficiency, how that level was assessed, and the status of the child’s academic achievement;
• the method of instruction used in the program in which their child is, or will be, participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;
• how the program in which their child is, or will be participating will meet the educational strengths and needs of the child;
• how such program will specifically help their child learn English, and meet age appropriate academic achievement standards for grade promotion and graduation;
• the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from high school (including four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program); if federal funds are used for children in high schools;
• in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and
• information pertaining to parental rights that includes written guidance detailing
o the parents right to have their child immediately removed from such program upon their request, and
o the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available, and
o information pertaining to parental rights that includes written guidance assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the division.

For those children who have not been identified as English learners prior to the beginning of the school year, the division must give the notifications listed above to parents within the first two weeks of the child being placed in a language instruction educational program. In addition, parents of English learners will be notified regarding parental involvement opportunities in the same manner as notice is given regarding other Title I programs.
The information described above is provided to parents in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand.

15. Fees
BCPS Policy JN
The school division’s policy regarding student fees and the fee schedule is in the appendix and also posted on the division website.

16. FERPA (Family Educational Rights and Privacy Act)
BCPS Policy JO
The school division’s policy regarding FERPA is included in the appendix.

17. Graduation Requirements
BCPS Policy IKF
A notice of all requirements for Board of Education approved diplomas is included in the appendix.

18. High School Credit-Bearing Courses Taken in Middle School
BCPS Policy JO
For any high school credit-bearing course taken in middle school, parents may request that grades be omitted from the student’s transcript and the student not earn high school credit for the course.

19. Homeless Students
BCPS Policy JECA
The school division’s policy regarding Homeless Students is posted on the website.

20. Insurance (School Related Accidents)
Student activities/accident insurance is available to all students and is provided by Bath County Public Schools at no cost to students. The coverage is secondary to any other coverage the family may have and the plan is designed to reimburse certain deductibles, copayments and other limited expenses not covered by a student’s primary health insurance plan. This insurance covers school related accidents and the claim form must be returned to the school within 90 calendar days from date of incident.
1. In case of an injury, notify the school office immediately. School Officials are required to complete Part 1 of the Student Accident Claim Form.
2. Parent/Guardian must complete Part 2 of the claim form. The parent must return the Student Accident Claim Form to School Office Staff immediately.
3. Once central office staff submits the student accident claim form to VACORP, the insurance company will contact the parent directly regarding submission of itemized bills and Explanation of Benefits (EOB’s).
4. Benefits are paid to the providers of service unless paid receipts are forwarded.

After submission of invoices to VACORP, the parent/guardian is responsible for unpaid invoices not covered by their primary and secondary insurance (VACORP). VACORP insurance company pays according to a schedule of benefits and does not cover all remaining balances.

21. National Assessment of Educational Progress
The parent of any child selected to participate in any NAEP will receive further information upon being selected to participate in the survey.

22. Nondiscrimination
BCPS Policy JFHA/GBA
Bath County Public Schools does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries regarding the non-discrimination policies:
Allison Hicklin
P.O. Box 67
Warm Springs, VA 24484 540-839-2722
For further information on Notice of Non-Discrimination, visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the office that serves your area, or call 1-800-421-3481.

23. PPRA (Protection of Pupil Rights Amendment)
BCPS Policy KFB
The school division’s policy regarding PPRA is included in the appendix.

24. Promotion, Retention and Remediation Policies
BCPS Policy IGA-R
The school division’s policy regarding Promotion, Retention and Remediation is included in the appendix.

25. Prosecution of Juveniles as Adults
BCPS Policy JFCL
The following information has been developed by the Office of the Attorney General regarding the prosecution of juveniles as adults: Section 22.1-279.4 of the Code of Virginia states:
School boards shall provide information developed by the office of the Attorney General to students regarding laws governing the prosecution of juveniles as adults for the commission of certain crimes. Methods of providing such information may include, but not be limited to, public announcements in the schools, written notification to parents, publication in the student conduct manual, and inclusion in those materials distributed to parents pursuant to § 22.1-279.3.
The following information in question and answer format provides the notice required by this section of the
Code.
Who is a juvenile? Section 16.1-228 of the Code of Virginia defines a juvenile as “a person less than 18 years of age.” Section 16.1-269.1 of the Code permits juveniles, 14 years of age or older at the time of an alleged offense, to be prosecuted as adults for specific crimes under certain circumstances. This process is called a transfer to the appropriate circuit court for trial as an adult.

How is the age of the juvenile calculated? Section 16.1-241 of the Code of Virginia provides that for the purpose of transferring a juvenile to circuit court for trial as an adult, the child must have been age 14 or older at the time of the offense.
Under what circumstances does the law permit the transfer of juveniles for trial as adults?
The Code of Virginia permits the transfer of juveniles for trial as adults under three specific circumstances. Following is a description of each circumstance and the procedure that is followed in order to determine whether the student is transferred to circuit court.
Circumstance #1
A transfer can occur when a juvenile, who is age 14 or older at the time of the offense, is charged with a crime which would be a felony if committed by an adult (§ 16.1-269.1 A. of the Code of Virginia). Offenses are either felonies or misdemeanors. Those offenses that are punishable by confinement in a state correctional facility or death are felonies; all other offenses are misdemeanors. Felonies are classified for the purposes of punishment and sentencing into six classes. The authorized punishments for conviction of a felony are as follows:
• Class 1 felony – death if the person convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded and a fine of not more than $100,000. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded, the punishment shall be imprisonment for life or imprisonment for life and a fine of not more than $100,000.
• Class 2 felony – imprisonment for life or for any term not less than twenty years or imprisonment for life or for any term not less than twenty years and a fine of not more than $100,000.
• Class 3 felony – a term of imprisonment of not less than five years nor more than twenty years or a term of imprisonment of not less than five years nor more than twenty years and a fine of not more than
$100,000.
• Class 4 felony – a term of imprisonment of not less than two years nor more than ten years or a term of imprisonment of not less than two years nor more than ten years and a fine of not more than $100,000.
• Class 5 felony – a term of imprisonment of not less than one year nor more than ten years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
• Class 6 felony – a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
(§§ 18.2-9 and 18.2-10 of the Code of Virginia)

In this circumstance, the Commonwealth’s Attorney’s office makes a formal request to the judge of the juvenile court for the juvenile to be transferred to the circuit court. The juvenile court holds a transfer hearing and may retain jurisdiction or transfer the juvenile to the appropriate circuit court for criminal proceedings. Any transfer to the circuit court is subject to the following conditions: (1) notice; (2) probable cause to believe that the juvenile committed the alleged delinquent act or a lesser included delinquent act; (3) the juvenile is competent to stand trial; and, (4) the juvenile is not a proper person to remain within the jurisdiction of the juvenile court.
The decision regarding whether the juvenile is not a proper person to remain within the jurisdiction of the juvenile court is based upon, but not limited to, the following factors:
• The juvenile’s age.
• The seriousness and number of alleged offenses.
• Whether the juvenile can be retained in the juvenile justice system long enough for effective treatment and rehabilitation.
• The appropriateness and availability of the services and dispositional alternatives in both the criminal justice and juvenile justice systems needed by the juvenile.

• The record and previous history of the juvenile in the jurisdiction where the alleged crime occurred or in other jurisdictions.
• Whether the juvenile has escaped from a juvenile correctional entity in the past.
• The extent, if any, of the juvenile’s degree of mental retardation or mental illness.
• The juvenile’s school record and education.
• The juvenile’s mental and emotional maturity.
• The juvenile’s physical condition and maturity.
Circumstance #2
A transfer can occur when a juvenile 14 years of age or older is charged with an offense which would be a felony if committed by an adult. (§ 16.1-269.1 C of the Code of Virginia)
In this circumstance, transfer is requested at the discretion of the Commonwealth’s Attorney. If the Commonwealth’s Attorney wishes to transfer the juvenile for trial as an adult, the juvenile court holds a preliminary hearing to determine whether there is probable cause to believe the juvenile committed the alleged delinquent act. Upon a finding of probable cause, the juvenile is transferred for prosecution as an adult. (§16.1-
269.1 C of the Code of Virginia)
Circumstance #3
A transfer occurs when a juvenile 14 years of age or older at the time of the alleged offense is charged with capital murder, first or second degree murder, lynching or aggravated malicious wounding. (§ 16.1-269.1 B of the Code of Virginia)
Transfer under this circumstance is automatic. Whenever a juvenile 14 years of age or older is charged with capital murder, first or second degree murder, lynching or aggravated malicious wounding, he or she must be tried as an adult. The juvenile court holds a preliminary hearing to determine whether there is probable cause to believe the juvenile committed the alleged delinquent act. Upon a finding of probable cause, the juvenile is transferred for prosecution as an adult. (§ 16.1-269.1 B of the Code of Virginia)
If a juvenile is transferred for prosecution as an adult on one offense, what happens if he or she has also been charged with other offenses? If any one charge is transferred, all other charges of delinquency arising out of the same act will be transferred. (§ 16.1-269.6 of the Code of Virginia)
Does the transfer impact subsequent alleged criminal offenses? Yes. Once a juvenile is convicted of a crime as an adult in circuit court, all subsequent alleged criminal offenses of whatever nature, will be treated as adult offenses and no transfer hearing will be required. (§ 16.1-269.6 of the Code of Virginia)
What happens when an adult is sentenced for a crime he or she committed as a juvenile? When the juvenile court sentences an adult who has committed, before attaining the age of 18, an offense which would be a crime if committed by an adult, the court may impose a penalty up to a maximum of 12 months in jail and/or a fine up to $2,500. (§ 16.1-284 of the Code of Virginia)
What can happen if a juvenile is tried as an adult? There are significant differences between a juvenile being tried as a juvenile and a juvenile being tried in the circuit court as an adult. In the juvenile system, a juvenile is given added protections because of his or her youth. First, records pertaining to the charge and adjudication of delinquency are confidential and may not be available to the public unless the crime was a felony. Second, if the adjudication is for a misdemeanor, the juvenile court record is expunged when the juvenile reaches the age of majority and is considered an adult. Third, a juvenile who is adjudicated delinquent remains in the juvenile system where a judge has discretion in the determination of the punishment or consequences to be imposed. In the juvenile system, the emphasis is on treatment and education.

In contrast, if a juvenile is prosecuted as an adult the issues and information related to the charge and the conviction of a crime are part of the public record. Because the information becomes an adult criminal record, it is not expunged when the juvenile reaches the age of 18. Additionally, the judge does not have the same discretion in sentencing. The judge in circuit court must impose at least the mandatory minimum sentence that is prescribed in sentencing guidelines. The circuit court does have the discretionary power to commit the juvenile to the juvenile system even if prosecuted as an adult.

26. School Bus Rider Safety Rules
Regulations for Pupils Riding School Buses
Bus drivers have the responsibility for your child’s safety and the safety of all students transported by school buses. A driver can only perform his/her responsibility with your cooperation and courtesy. This information is to provide parents and students with bus safety guidelines to help insure that the health, safety, welfare, and educational opportunity of each transported student are thoroughly protected. Hopefully, these guidelines will prove to be a useful resource for assuring your child a safe, comfortable, and pleasant school bus ride throughout the school year.
School Bus Discipline Rules
Bus drivers have complete authority to enforce the following discipline rules on the bus. The students will:
• Follow directions given by driver.
• Remain in seat facing front when bus is in motion.
• Keep all objects and body parts inside the bus.
• Talk quietly using appropriate language.
• Respect driver, other students, and property.
• Keep all objects and body parts out of aisle, keeping feet on the floor.
• Have no food or drinks, or drink containers on bus.
Consequences for Rule Violations
• FIRST OFFENSE: Warning
• SECOND OFFENSE: Conference with student and/or parents.
• THIRD OFFENSE: Office Referral 1
1 Day After-School Detention
Conference with parent, student, administrator, and driver.
BCHS: 1 day after school detention and/or 1-10 day bus suspension, may result in loss of privilege to ride bus.
• FOURTH OFFENSE: Office Referral 2
1 Day In-School Suspension
Conference with parent, student, administrator, and driver.
BCHS: 2 days after school detention; and/or 1-10 days bus suspension, may result in loss of privilege to ride bus.
• FIFTH OFFENSE: Office Referral 3
1-3 Days Bus Suspension
Conference with parent, student, administrator, and driver.
BCHS: 1-10 days bus suspension, may result in loss of privilege to ride bus.
Note: All Bath County Schools and Code of Student Conduct Policies will be enforced.

School Bus Safety
Students must be made aware of the following school bus safety procedures.

A. Meeting the Bus
• Parents (or their designee) should accompany their young children to and from the bus stop.
• Be at your bus stop five minutes prior to loading bus. If child(ren) misses the bus, it is the parents responsibility to provide transportation to the school.
• Take the safest route to assigned bus stop and wait in a safe place.
• Wear bright clothes if there is snow, rain, or fog.
B. Boarding the Bus
• If you must cross the highway to board your bus, cross at least 10 feet in front of your bus, NEVER BEHIND IT.
• Enter in an orderly fashion and let younger children enter the bus first.
• Go directly to a seat and remain seated while the bus is in motion.
C. Guidelines for Conduct on the Bus
• Be quiet at railroad crossings so the bus driver can hear railroad warning signals.
• DO NOT talk to the bus driver while bus is in motion except in an emergency.
• DO NOT throw paper or other litter on the bus floor.
D. Leaving the Bus
• Pupils must remain seated until the bus comes to a full stop.
• Pupils are to leave the bus in an orderly manner allowing pupils in the front seats to depart first.
• Pupils must not loiter around the bus.
• Pupils must leave the bus at their regular stop.
• If pupils must cross a highway, they are to do so only at the front of the bus and at a distance of at least 10 feet in front of the bus. They must not cross until the bus driver has signaled that it is safe to do so.
Riding a School Bus is a Privilege
Should the action of any student place the health and safety of him/herself and other students in jeopardy, disciplinary action may include the loss of bus transportation.
If we can be of any help to you with problems related to the transportation of your child, please feel free to contact the school principal or the School Administration Office. Your cooperation and suggestions will be appreciated.

27. Services for Students Identified as Hearing Impaired or Visually Impaired
from Code of Virginia § 22.1-217.01
Information regarding educational and other services available through the Virginia School for the Deaf and Blind, the Virginia Department for the Deaf and Hard-of-Hearing and the Virginia Department for the Blind and Vision Impaired is available at the school board office.

28. Sex Offender Registry
BCPS Policy KN
The Bath County school division recognizes the danger sex offenders pose to student safety. Therefore, to protect students while they travel to and from school, attend school or are at school-related activities, each school in the Bath County school division shall request electronic notification of the registration or reregistration of any sex offender in the same or contiguous zip codes as the school. Such requests and notifications shall be made according to the procedure established by the Virginia Department of State Police.
Anyone requesting registry information should refer to the State Police website. http://sex-offender.vsp.virginia.gov/sor/

ACCEPTABLE COMPUTER SYSTEM USE

The School Board provides a computer system, including the internet, to promote educational excellence by facilitating resource sharing, innovation and communication. The term computer system includes, but is not limited to, hardware, software, data, communication lines and devices, terminals, printers, CD-ROM devices, tape or flash drives, servers, mainframe and personal computers, tablets, cellular phones, smart telephones, the internet and other internal or external networks.

All use of the Division’s computer system must be (1) in support of education and/or research, or (2) for legitimate school business. Use of the computer system is a privilege, not a right. Any communication or material generated using the computer system, including electronic mail, instant or text messages, tweets, or other files deleted from a user’s account, may be monitored, read, and/or archived by school officials.

The Division Superintendent shall establish administrative procedures, for the School Board’s approval, containing the appropriate uses, ethics and protocol for the computer system.

The procedures shall include:

(1) a prohibition against use by Division employees and students of the division’s computer equipment and communications services for sending, receiving, viewing or downloading illegal material via the internet;

(2) provisions, including the selection and operation of a technology protection measure for the division’s computers having Internet access to filter or block Internet access through such computers, that seek to prevent access to:

(a) child pornography as set out in Va. Code § 18.2-374.1:1 or as defined in 18 U.S.C.
§ 2256;

(b) obscenity as defined by Va. Code § 18.2-372 or 18 U.S.C. § 1460; and

(c) material that the school division deems to be harmful to juveniles as defined in Va. Code § 18.2-390, material that is harmful to minors as defined in 47 U.S.C.
§ 254(h)(7)(G), and material that is otherwise inappropriate for minors;

(3) provisions establishing that the technology protection measure is enforced during any use of the Division’s computers;

(4) provisions establishing that all usage of the computer system may be monitored;

(5) provisions designed to educate students and employees about appropriate online behavior, including interacting with students and other individuals on social networking websites, blogs, in chat rooms, and cyberbullying awareness and response;

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(6) provisions designed to prevent unauthorized online access by minors, including “hacking” and other unlawful online activities.;

(7) provisions prohibiting the unauthorized disclosure, use, and dissemination of photographs and/or personal information of or regarding minors; and

(8) a component of internet safety for students that is integrated in the Division’s instructional program.

Use of the School Division’s computer system shall be consistent with the educational or instructional mission or administrative function of the Division as well as the varied instructional needs, learning styles, abilities and developmental levels of students.

The Division’s computer system is not a public forum.

Each teacher, administrator, student and parent/guardian of each student shall sign the Acceptable Computer System Use Agreement, GAB-E1/IIBEA-E2, before using the Division’s computer system. The failure of any student, teacher or administrator to follow the terms of the Agreement, this policy or accompanying regulation may result in loss of computer system privileges, disciplinary action, and/or appropriate legal action.

The School Board is not responsible for any information that may be lost, damaged or unavailable when using the computer system or for any information retrieved via the Internet. Furthermore, the School Board will not be responsible for any unauthorized charges or fees resulting from access to the computer system.

The School Board will review, amend if necessary, and approve this policy every two
years.

Adopted: April 5, 2005
Revised: September 5, 2006; June 25, 2009; June 24, 2010; June 24, 2013

Legal Refs: 18 U.S.C. §§ 1460, 2256.
47 U.S.C. § 254.

Code of Virginia, 1950, as amended, §§ 18.2-372, 18.2-374.1:1, 18.2-390, 22.1-
70.2, and 22.1-78.

Cross Refs.: GCPD Professional Staff Discipline
JFC Student Conduct
JFC-R Standards of Student Conduct

ACCEPTABLE COMPUTER SYSTEM USE AGREEMENT

Each employee must sign this Agreement as a condition for using the School Division’s computer system. Each student and his or her parent/guardian must sign this Agreement before being permitted to use the School Division’s computer system. Read this Agreement carefully before signing.

Prior to signing this Agreement, read Policy GAB/IIBEA and Regulation GAB-R/IIBEA- R, Acceptable Computer System Use. If you have any questions about this policy or regulation, contact your supervisor or your student’s principal.

I understand and agree to abide by the School Division’s Acceptable Computer System Use Policy and Regulation. I understand that the School Division may access, monitor, and archive my use of the computer system, including my use of the internet, e-mail and downloaded material, without prior notice to me. I further understand that should I violate the Acceptable Use Policy or Regulation, my computer system privileges may be revoked and disciplinary action and/or legal action may be taken against me.

Student/Employee Signature Date_

I have read this Agreement and Policy GAB/IIBEA and Regulation GAB-R/IIBEA-R. I understand that access to the computer system is intended for educational purposes and the Bath County School Division has taken precautions to eliminate inappropriate material. I also recognize, however, that it is impossible for the School Division to restrict access to all inappropriate material and I will not hold the School Division responsible for information acquired on the computer system. I have discussed the terms of this agreement, policy, and regulation with my student.

I grant permission for my student to use the computer system in accordance with Bath County School Division’s policies and regulations and for the School Division to issue an account for my student.

Parent/Guardian Signature Date

Parent/Guardian Name
(Please Print)

ACCEPTABLE COMPUTER SYSTEM USE

All use of the Bath County School Division’s computer system shall be consistent with the School Board’s goal of promoting educational excellence by facilitating resource sharing, innovation and communication. The term computer system includes, but is not limited to, hardware, software, data, communication lines and devices, terminals, printers, CD-ROM devices, tape or flash drives, servers, mainframe and personal computers, tablets, cellular phones, smart phones, the internet and any other internal or external network.

Computer System Use-Terms and Conditions:

1. Acceptable Use. Access to the Division’s computer system shall be (1) for the purposes of education or research and be consistent with the educational objectives of the Division or (2) for legitimate school business.

2. Privilege. The use of the Division’s computer system is a privilege, not a right.

3. Unacceptable Use. Each user is responsible for his or her actions on the computer system. Prohibited conduct includes but is not limited to:

• using the network for any illegal or unauthorized activity, including violation of copyright or contracts, or transmitting any material in violation of any federal, state, or local law.
• sending, receiving, viewing or downloading illegal material via the computer system.
• unauthorized downloading of software.
• using the computer system for private financial or commercial purposes.
• wastefully using resources, such as file space.
• gaining unauthorized access to resources or entities.
• posting material created by another without his or her consent.
• submitting, posting, publishing, or displaying any obscene, profane, threatening,
• illegal, or other inappropriate material.
• using the computer system while access privileges are suspended or revoked.
• vandalizing the computer system, including destroying data by creating or spreading viruses or by other means.
• intimidating, harassing, bullying, or coercing others.
• threatening illegal or immoral acts.

4. Network Etiquette. Each user is expected to abide by generally accepted rules of etiquette, including the following:

• be polite.
• users shall not forge, intercept or interfere with electronic mail messages.
• use appropriate language. The use of obscene, lewd, profane, lascivious, threatening or disrespectful language is prohibited.

• users shall not post personal information other than directory information as defined in Policy JO Student Records about themselves or others.
• users shall respect the computer system’s resource limits.
• users shall not post chain letters or download large files.
• users shall not use the computer system to disrupt others.
• users shall not modify or delete data owned by others.

5. Liability. The School Board makes no warranties for the computer system it provides. The School Board shall not be responsible for any damages to the user from use of the computer system, including loss of data, non-delivery or missed delivery of information, or service interruptions. The School Division denies any responsibility for the accuracy or quality of information obtained through the computer system. The user agrees to indemnify the School Board for any losses, costs, or damages incurred by the School Board relating to or arising out of any violation of these procedures.

6. Security. Computer system security is a high priority for the school division. If any user identifies a security problem, the user shall notify the building principal or system administrator immediately. All users shall keep their passwords confidential and shall follow computer virus protection procedures.

7. Vandalism. Intentional destruction of or interference with any part of the computer system through creating or downloading computer viruses or by any other means is prohibited.

8. Charges. The School Division assumes no responsibility for any unauthorized charges or fees as a result of using the computer system, including telephone, data, or long- distance charges.

9. Electronic Mail. The School Division’s electronic mail system is owned and controlled by the School Division. The School Division may provide electronic mail to aid students and staff in fulfilling their duties and as an education tool. Electronic mail is not private. Students’ electronic mail will be monitored. The electronic mail of staff may be monitored and accessed by the School Division. All electronic mail may be archived. Unauthorized access to an electronic mail account by any student or employee is prohibited. Users may be held responsible and personally liable for the content of any electronic message they create or that is created under their account or password. Downloading any file attached to an electronic message is prohibited unless the user is certain of that message’s authenticity and the nature of the file.

10. Enforcement. Software will be installed on the division’s computers having Internet access to filter or block internet access through such computers to child pornography and obscenity. The online activities of users may also be monitored manually. Any violation of these regulations shall result in loss of computer system privileges and may also result in appropriate disciplinary action, as determined by School Board policy, or legal action.

Adopted: April 5, 2005
Revised: June 25, 2009; June 24, 2013

Legal Refs: 18 U.S.C. §§ 1460, 2256.
47 U.S.C. § 254.

Code of Virginia, 1950, as amended, §§ 18.2-372, 18.2-374.1:1, 18.2-390, 22.1-
70.2 and 22.1-78.

Guidelines and Resources for Internet Safety in Schools, Virginia Department of Education (Second Edition October 2007)

Cross Refs: GCPD Professional Staff Discipline JFC Student Conduct
JFC-R Standards of Student Conduct

BASIC INSTRUCTIONAL PROGRAM GRADING SYSTEM/PROMOTION – RETENTION

GRADING SYSTEM

report cards:

The following grading system is in effect in the Bath County Schools for

A 94-100 Excellent
B 86-93 Above Average
C 78-85 Average
D 70-77 Below Average
F 69 & below Failing
I Incomplete, work must be made up to receive a grade P Progressing below grade level, may fail

K-1 grading shall consist of:
Social/Emotional and Physical Development “M” most of the time
“W” Working on Skill “R” Rarely
Intellectual Development
 Achieved level of understanding W Working on skill
(Blank) Skill has not been introduced

At the elementary level (grades 2-7), the following grading system will be used to report students’ progress in the areas of physical education, art, music, and band:
E – Excellent
S – Satisfactory
N – Needs Improvement U – Unsatisfactory

Report cards will be issued four (4) times during the school year, at the end of each 9-week grading period and progress reports (for all students) will be sent home at the midpoint of each grading period. Parents or guardians shall sign report cards and progress reports, as requested, and return to the school.

Numerical grades will be used on college transcripts for those institutions that have no differentiating letter scales for unequal letter comparisons. Numerical grades will be used on all cumulative scholastic achievement records.

Each teacher will develop a grading system appropriate for his/her class that will be equivalent to the grading scale. Approximately 75% of each grading period will be based on homework, projects, quizzes, tests, class participation, etc. Approximately 25% will be determined by achievement on comprehensive chapter, unit or nine-week tests.
Semester and final examinations will be given in all classes at the secondary level and where appropriate at the elementary level.

The semester grades for the report card will be calculated using the following formula: the average of two nine-week grades shall count 80% of the semester grade with the exam counting 20% (optional if an exam is administered at the elementary level).

The annual grade shall be the average of the two semester grades.

All graded work, homework, quizzes, tests, etc. for the elementary grades shall be sent home weekly for parental signature.

To earn a state diploma, each pupil shall meet all local and state requirements for graduation, including SOL testing requirements.

The principal, teacher, and guidance will review all student failures at the end of each grading period. This committee (principal, teacher, and guidance) may suggest differentiation in the classroom, remedial work, other alternatives for the student, or further referral to the Child Study Team. Any remedial or alternative program to which a pupil is referred by the Child Study Team shall require written parental permission.
Copies of these contracts are to be approved by the principal. PROMOTION/RETENTION
Pupils shall be promoted by achieving at least 70% of the grade level/subject curriculum. A pupil achieving less that 70% of the grade level/subject curriculum will be reviewed by the teacher, guidance, and principal for options.

While a student at grades 3, 5, & 8 will not be retained based exclusively on SOL tests, a student failing to meet a passing rate on the SOL test in reading/language or mathematics, will be assigned to a SOL remediation program which may include, but will not be limited to, summer school, after school tutoring or special remediation classes during the school day beyond the 5 ½ hour day.

This promotion/retention policy does not exclude students from membership in a grade, or participation in a course, in which SOL tests are to be administered.

In grades K-8, the SOL test results will be used as one of a set of multiple criteria when determining whether students are promoted or retained. Other criteria to be considered may include, but not limited to, the end-of-year grades, prior retentions, attendance.

At the high school level, SOL test results may be used as part of the requirements for applicable courses, such as pre-requisites for higher level classes, etc. The Bath County Public Schools will not use SOL test results to withhold awarding a standard unit of credit for a course solely because a student failed a related SOL test.

Placement without academic progress is discouraged and may be made only in the primary grades at the insistence of the parents after a review by the principal. Such pupils are to be designated as placed rather than promoted. Pupils placed by parents shall be reviewed by the Child Study Team quarterly. Parents will be invited to participate in the review. After being placed, failure of such pupils to achieve a 70% average will result in automatic retention the following year.

The Principal shall have the authority and responsibility to assign pupils to the appropriate classes and teachers.

The resolution of disagreements regarding the grading system or promotion – retention issues shall be followed through the Principal, the Superintendent, and finally to the School Board.

Adopted: 11/6/01

PARENT AND FAMILY ENGAGEMENT

Generally

The Bath County School Board recognizes that the education of each student is a responsibility shared by the school and the student’s family. The Bath County School Board endorses the parent and family engagement goals of Title I (20 U.S.C. § 6318) and encourages the regular participation by parents and family members of all children including those eligible for Title I and English learner programs in all aspects of those programs.

In keeping with these beliefs, the Bath County School Board cultivates and supports active parent and family engagement in student learning. The Bath County School Board:
• provides activities that educate parents regarding the intellectual and developmental needs of their children. These activities promote cooperation between the division and other agencies or school/community groups (such as parent-teacher groups, the Head Start program, the Reading First program, Early Reading First program, Even Start program, and Parents as Teachers program) to furnish learning opportunities and disseminate information regarding parenting skills and child/adolescent development
• implements strategies to involve parents in the educational process, including:
o keeping families informed of opportunities for involvement and encouraging participation in various programs
o providing access to educational resources for parents and families to use with their children
o keeping families informed of the objectives of division educational programs as well as of their child’s participation and progress with these programs
• enables families to participate in the education of their children through a variety of roles. For example, family members may
o provide input into division policies
o volunteer time within the classroom and school program
• provides professional development opportunities for teachers and staff to enhance their understanding of effective parent involvement strategies
• performs regular evaluations of parent involvement at each school and in the division
• provides access, upon request, to any instructional material used as part of the educational curriculum
• if practicable, provides information in a language understandable to parents

In addition, for parents of students eligible for English learner programs, the School Board informs such parents of how they can be active participants in assisting their children
• to learn English;
• to achieve at high levels in core academic subjects; and
• to meet the same challenging academic content and student academic achievement standards as all children are expected to meet.

Parental Involvement in Title I Plan

The Bath County School Board encourages parents of children eligible to participate in Title I, Part A, programs to participate in the development of the Board’s Title I plan. Parents may participate by
• attending an annual parent meeting at participating schools at which the following will be provided:
o Title I, Part A program requirements
o Explanation of the District’s Title I, Part A program(s)
o Parent involvement opportunities

• attending Division Parent Advisory Committee Meetings designed to address
o program implementation and progress
o program evaluation
o program planning

• completing annual Title I, Part A survey Parental Involvement in School Review and Improvement
The Bath County School Division encourages parents of children eligible to participate in Title I, Part A, and English learner programs to participate in the process of school review and, if applicable, the development of support and improvement plans under 20 U.S.C. § 6311(d)(1) and (2). Parents may participate by

• serving on school renewal or school improvement advisory committees, Principal’s Advisory, Curriculum and Instruction, Staff Development, School Climate, and Communication

Division Responsibilities

The Bath County School Division, and each school which receives Title I, Part A, funds:
• provides assistance to parents of children served by the school or division, as applicable, in understanding topics such as Virginia’s challenging academic standards, state and local academic assessments and how to monitor a child’s progress and work with educators to improve the achievement of their children
• provides materials and training to help parents work with their children to improve their children’s achievement, such as literacy training and using technology (including education about the harms of copyright piracy), as appropriate, to foster parental involvement
• educates teachers, specialized instructional support personnel, principals, and other school leaders, and other staff, with the assistance of parents, in the value and utility of contributions of parents and in how to reach out to, communicate with, and work with parents as equal partners, implement and coordinate parent programs and build ties between parents and the school

• to the extent feasible and appropriate, coordinates and integrates parental involvement programs and activities with other federal, state and local programs, including public preschool and conduct other activities, such as parent resource centers, that encourage and support parents in more fully participating in the education of their children
• ensures that information related to school and parent programs, meetings and other activities is sent to the parents of participating children in a format and, to the extent practicable, in a language the parents can understand
• provides such other reasonable support for parental involvement activities as parents may request

The Bath County School Division, and each school which receives Title I, Part A, funds, MAY:
• involve parents in the development of training for teachers, principals, and other educators to improve the effectiveness of such training
• provide necessary literacy training from Title I funds if the division has exhausted all other reasonably available sources of funding for such training
• pay reasonable and necessary expenses associated with local parental involvement activities, including transportation and child care costs, to enable parents to participate in school-related meetings and training sessions
• train parents to enhance the involvement of other parents
• arrange school meetings at a variety of times, or conduct in-home conferences between teachers or other educators who work directly with participating children and parents who are unable to attend such conferences at school in order to maximize parental involvement and participation
• adopt and implement model approaches to improving parental involvement
• establish a divisionwide parent advisory council to provide advice on all matters related to parental involvement in programs supported by Title I
• develop appropriate roles for community-based organizations and businesses in parental involvement activities

School Parent and Family Engagement Policies

Each school served under Title I, Part A, jointly develops with and distributes to parents and family members of participating children a written parent and family engagement policy, agreed on by such parents, that describes the means for carrying out the following:
• convening an annual meeting, at a convenient time, to which all parents of participating children are invited and encouraged to attend, to inform parents of their school’s participation in Title I, Part A, and to explain the requirements of Title I, Part A, and the rights of parents to be involved
• offering a flexible number of meetings, such as meetings in the morning or evening. Schools may provide, with funds provided under this part, transportation, child care, or home visits, as such services relate to parental involvement
• involving parents, in an organized, ongoing, and timely way, in the planning, review, and improvement of Title I, Part A, programs including the planning,

review, and improvement of the school parent and family engagement policy and the joint development of the school wide program plan under 20 U.S.C. § 6314(b), except that if a school has in place a process for involving parents in the joint planning and design of the school’s programs, the school may use that process, if such process includes an adequate representation of parents of participating children
• providing parents of participating children:
o timely information about Title I, Part A, programs;
o a description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, and the achievement levels of the challenging state academic standards; and
o if requested by parents, opportunities for regular meetings to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children, and responding to any such suggestions as soon as practicably possible
• if the school wide program plan under 20 U.S.C. § 6314(b) is not satisfactory to the parents of participating children, submitting any parent comments on the plan when the school makes the plan available to the School Board

Parent and Family Involvement in Allocation of Funding

Parents and family members of children receiving services under Title I, Part A, are involved in the decisions regarding how funds provided under Title I, Part A, are allotted for parental involvement activities.

Policy Review

The School Board conducts, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of this policy in improving the academic quality of all schools served under Title 1, Part A, including identifying
• barriers to greater participation by parents (with particular attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy or are of any racial or ethnic minority background);
• the needs of parents and family members to assist with the learning of their children, including engaging with school personnel and teachers; and
• strategies to support successful school and family interactions.

Adopted: June 28, 2002
Revised: April 1, 2003; May 7, 2013; June 26, 2017

Legal Refs.: 20 U.S.C. §§ 6312, 6318.
Code of Virginia, 1950, as amended, § 22.1-78. Cross Refs.: AD Educational Philosophy
BCF Advisory Committees to the School Board
IAA Notification of Learning Objectives
IKA Parental Assistance with Instruction

ENGLISH LEARNERS

Generally

The Bath County School Board provides programs to improve the education of English learners by assisting the children to learn English and meet Virginia’s challenging academic content and student academic achievement standards.

Assessments

The School Board annually assesses the English proficiency of all English learners.

Notification

The School Board, not later than 30 days after the beginning of the school year, informs a parent or the parents of an English learner identified for participation in, or participating in, a program for English learners, of
• the reasons for the identification of their child as an English learner and in need of placement in a language instruction education program;
• the child’s level of English proficiency, how that level was assessed and the status of the child’s academic achievement;
• the method of instruction used in the program in which their child is, or will be, participating, and the methods of instruction used in other available programs, including how such programs differ in content, instruction goals, and use of English and a native language in instruction;
• how the program in which their child is, or will be, participating will meet the educational strengths and needs of the child;
• how such program will specifically help their child learn English, and meet age appropriate academic achievement standards for grade promotion and graduation;
• the specific exit requirements for such program, the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from high school (including four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program);
• in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and
• information pertaining to parental rights that includes written guidance
• detailing the right that parents have to have their child immediately removed from such program upon their request and the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available, and
• assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the school division.

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For a child who has not been identified as an English learner prior to the beginning of the school year but is identified as an English learner during the school year, the School Board provides the notice detailed above within 2 weeks of the child being placed in the program.

The information described above is provided to parents in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand.

The School Board accepts and provides programs for students for whom English is a second language who entered school in Virginia for the first time after reaching their 12th birthday, and who have not reached age 22 on or before August 1 of the school year. No tuition is charged such students, if state funding is provided for such programs.

Adopted: May 1999
Revised: April 6, 2004; June 7, 2011; June 26, 2017

Legal Ref.: 20 U.S.C. §§ 6311, 6312, 6825.

Code of Virginia, 1950, as amended, § 22.1-5. Cross Ref.: IGBC Parent and Family Engagement

THE VIRGINIA ASSESSMENT PROGRAM AND GRADUATION REQUIREMENTS

Generally

The Board of Education has established educational objectives known as the Standards of Learning (SOLs), which form the core of Virginia’s educational program, and other education objectives, which together are designed to ensure the development of the skills that are necessary for success in school and in preparation for life in the years beyond.

The Bath County School Board has developed and implemented a program of instruction that is aligned to the Standards of Learning and that meets or exceeds the requirements of the Board of Education. It awards diplomas to all secondary school students, including students who transfer from nonpublic schools or from home instruction, who meet the requirements prescribed by the Board of Education and meet such other requirements as are prescribed by the School Board and approved by the Board of Education.

The Bath School Board awards diplomas and certificates in accordance with state laws and regulations. The requirements for a student to earn a diploma and graduate from high school are those in effect when the student enters ninth grade for the first time.

Virginia Assessment Program

In kindergarten through eighth grade, where the administration of Virginia Assessment Program tests are required by the Board of Education, each student is expected to take the tests following instruction. Students who are accelerated take the test aligned with the highest grade level, following instruction in the content. No student takes more than one test in any content area in each year, except in the case of expedited retakes as provided for in 8 VAC 20-131-30. Schools use the test results in kindergarten through eighth grade as part of a set of multiple criteria for determining the promotion or retention of students.

Each student in middle and secondary school takes all applicable end-of-course SOL tests following course instruction. The superintendent certifies to the Department of Education that the division’s policy for dropping courses ensures that students’ course schedules are not changed to avoid end-of-course SOL tests. Students who achieve a passing score on an end-of-course SOL test will be awarded a verified unit of credit in that course in accordance with 8 VAC 20-131-110. Students may earn verified credits in any courses for which end-of-course SOL tests are available. Students are not required to take an end-of-course SOL test in an academic subject after they have earned the number of verified credits required for that academic content area for graduation unless such test is necessary in order for the school to meet federal accountability requirements. Middle and secondary schools may consider the student’s end-of-course SOL test score in determining the student’s final course grade.

Participation in the Virginia Assessment Program by students with disabilities is prescribed by provisions of their Individualized Education Program (IEP) or 504 Plan. All students with disabilities are assessed with appropriate accommodations and alternate assessments where necessary.

Any student identified as an English Learner (EL) participates in the Virginia Assessment Program. A school-based committee convenes and makes determinations regarding the participation level of EL students in the Virginia Assessment Program. In kindergarten through eighth grade, EL students may be granted a one-time exemption from SOL testing in the areas of writing, and history and social science.

Definitions

Authentic Performance Assessment

An “Authentic Performance Assessment” is a test that complies with guidelines adopted by the Board of Education that requires students to perform a task or create a product that is typically scored using a rubric.

Standard Unit of Credit

A “standard unit of credit” or “standard credit” is a credit awarded for a course in which the student successfully completes 140 clock hours of instruction and the requirements of the course. A standard unit of credit may be awarded based on a waiver of the 140 clock hour requirement as provided in Policy IKFD Alternative Paths to Attaining Standard Units of Credit.

Verified Unit of Credit

A “verified unit of credit” or “verified credit” is a credit awarded for a course in which a student earns a standard unit of credit and completes one of the following:

1. Achieves a passing score on a corresponding end-of-course SOL test.
2. Achieves a passing score on an additional test, as defined in 8 VAC 20-131- 5, as a part of the Virginia Assessment Program.
3. Meets the criteria for the receipt of a locally awarded verified credit when the student has not passed a corresponding SOL test.
4. Meets the criteria for the receipt of a verified credit in history and social science by demonstrating mastery of the content of the associated course on an authentic performance assessment that complies with guidelines adopted by the Board of Education.
5. Meets the criteria for the receipt of a verified credit for English (writing) by demonstrating mastery of the content of the associated course on an authentic performance assessment that complies with guidelines adopted by the Board of Education.

Students may also earn verified credits by taking alternative tests to the SOL assessment. Such tests may only be those approved by the Virginia Board of Education, and the student may earn verified credits only by achieving that score established by the Board of Education.

Virginia Assessment Program

The “Virginia Assessment Program” is a system used to evaluate student achievement that includes SOL tests and additional tests that may be approved from time to time by the Board of Education.

Adopted: June 29, 2001
Revised: May 6, 2003; June 25, 2004; June 7, 2005; May 2, 2006; September 5, 2006;
June 26, 2007; June 24, 2010; May 7, 2013; June 3, 2014; April 5, 2016; June 27, 2016;
April 3, 2018

Legal Ref.: Code of Virginia, 1950, as amended, §§ 22.1-253.13:1, 22.1-253.13:4.

8 VAC 20-131-5.
8 VAC 20-131-30.
8 VAC 20-131-40.
8 VAC 20-131-50.
8 VAC 20-131-51.
8 VAC 20-131-110.
Guidelines for Graduation Requirements; Local Alternative Paths to Standard Units of Credit (Virginia Board of Education Oct. 2015).

Cross Refs.: IAA Notification of Learning Objectives
IKFA Locally Awarded Verified Credits
IKFD Alternative Paths to Attaining Standard Units of Credit
IKH Retaking SOL Assessments

STUDENT ABSENCES/EXCUSES/DISMISSALS

I. Student Attendance Policy

Student attendance is a cooperative effort and the School Board involves parents and students in accepting the responsibility for good attendance.

Each parent/guardian or person having control or charge of a child within the compulsory attendance age is responsible for such child’s regular and punctual attendance at school as required under provisions of the law.

Parents of students who are absent must inform the school of the reason for the absence no later than upon the student’s return to school. Absences are excused for the following reasons:

1. Medical/dental appointments or personal illness (medical documentation required)
2. Illness, death or funeral in the family or household (verification may be required)
3. Students sent home by the school nurse
4. Recognized religious holidays
5. Lawyer/court official meeting (court documentation required)
6. School-sponsored activities
7. Pre-arranged absences with prior approval of the building administrator
8. State mandated testing or other school/division testing programs
9. School-sponsored field trips or activities, including all VHSL activities
10. Late bus or buses which fail to run
11. Conference with school counselor, administrator, or other related staff members
12. Involuntary court appearance (copy of court order or subpoena required)

The superintendent, by regulation, establishes procedures for appropriate interventions when a student engages in a pattern of absences for less than a full day, the explanation of which, if it were a full-day absence, would not be an excused absence.

The superintendent’s regulations include procedures for excusing students who are absent by reason of observance of a religious holiday. Such regulations ensure that a student is not deprived of any award or of eligibility or opportunity to compete for any award, or of the right to take an alternate test or examination, which the student missed by reason of such absence, if the absence is verified in an acceptable manner.

Students shall attend school for a full day unless excused by the principal or principal’s designee.

High school students may spend a maximum of ten (10) school days each academic year participating in High School to Work Partnerships established pursuant to guidelines developed by the Board of Education. Students who miss a partial or full day of school while participating in Partnership programs are not counted as absent for the purposes of calculating average daily membership. The superintendent’s regulations include procedures by which students may make up work missed while participating in a High School to Work Partnership.

Nothing in this policy shall be construed to limit in any way the authority of any attendance officer or the division superintendent to seek immediate compliance with the compulsory school attendance law.

II. Compulsory Attendance Procedures

Whenever a student fails to report to school on a regularly scheduled school day and no information has been received by school personnel that the student’s parent is aware of and supports the absence, the school principal, principal’s designee, attendance officer or other school personnel or volunteer notifies the parent by phone, email or other electronic means to obtain an explanation. School staff records the student’s absence for each day as “excused” or “unexcused”. Early intervention with the student and parent or parents takes place for repeated unexcused absences.

A. Upon Fifth Absence Without Parental Awareness and Support

If (1) a pupil fails to report to school for a total of five scheduled school days for the school year, and (2) there is no indication that the pupil’s parent is aware of and supports the absence; and (3) reasonable efforts to notify the parent of the absences have failed, then the principal or principal’s designee shall make a reasonable effort to ensure that direct contact is made with the parent in person, through telephone conversation, or through the use of other communication devices to obtain an explanation for the pupil’s absence and to explain to the parent the consequences of continued nonattendance. The school principal or principal’s designee, the pupil, and the pupil’s parent shall jointly develop a plan to resolve the pupil’s nonattendance. Such plan shall include documentation of the reasons for the pupil’s nonattendance.

B. Upon Additional Absences Without Parental Awareness and Support

If the pupil is absent for more than one additional day after direct contact with the pupil’s parent and school personnel have received no indication that the pupil’s parent is aware of and supports the pupil’s absence, the school principal or principal’s designee shall schedule a conference with the pupil, the pupil’s parent and school personnel. Such conference may include the attendance officer and other community service providers to resolve issues related to the pupil’s nonattendance. The conference shall be held no later than 10 school days after the tenth absence of the pupil, regardless of whether his parent approves of the conference. The conference team shall monitor the pupil’s attendance and may meet again as necessary to address concerns and plan additional interventions if attendance does not improve. In circumstances in which the parent is intentionally noncompliant with compulsory attendance requirements or the pupil is resisting parental efforts to comply with compulsory attendance requirements, the principal or principal’s designee shall make a referral to the attendance officer. The attendance officer shall schedule a conference with the pupil and pupil’s parent within 10 school days and may (i) file a complaint with the juvenile and domestic relations district court alleging the pupil is a child in need of supervision as defined in Va. Code § 16.1-228 or (ii) institute proceedings

against the parent pursuant to Va. Code § 18.2-371 or § 22.1-262. In filing a complaint against the student, the attendance officer shall provide written documentation of the efforts to comply with the provisions of this policy. In the event that both parents have been awarded joint physical custody pursuant to Va. Code § 20-124.2 and the school has received notice of such order, both parents shall be notified at the last known addresses of the parents.

III. Report for Suspension of Driver’s License

In addition to any other actions taken pursuant to this policy, if a student who is under 18 years of age has 10 or more unexcused absences from school on consecutive school days, the principal may notify the juvenile and domestic relations court, which may take action to suspend the student’s driver’s license.

IV. Attendance Reporting

Student attendance is monitored and reported as required by state law and regulations. At the end of each school year, each public school principal reports to the superintendent the number of pupils by grade level for whom a conference was scheduled pursuant to Part II (B) above. The superintendent compiles this information and provides it annually to the Superintendent of Public Instruction.

V. Dismissal Precautions

Principals do not release a student during the school day to any person not authorized by the student’s parent/guardian to assume responsibility for the pupil. Students are released only on request and authorization of parent or guardian. The superintendent establishes procedures for release of pupils who are not residing with or under the supervision of a parent/guardian. The burden of proof on the authority of the person to receive the student is on the requesting party. A formal check-out system is maintained in each school.

Adopted: June 29, 2001
Revised: June 25, 2004; June 25, 2009; June 24, 2010; June 24, 2013; June 26, 2017;
June 28, 2018

Legal Ref.: Code of Virginia, 1950, as amended, §§ 22.1-227.1, 22.1-254, 22.1-258, 22.1-260,
22.1-279.3, 46.2-323 and 46.2-334.001.

8 VAC 20-730-10.

8 VAC 20-730-20.

Cross Refs.: IGAJ Driver Education
JFC Student Conduct
JFC-R Standards of Student Conduct

File: JED-R

SCHOOL ATTENDANCE REGULATIONS

Regular school attendance is necessary for students to receive the full benefit of public education. In addition, state compulsory attendance laws mandate school attendance until age eighteen. As such, all parents and students must accept responsibility for regular student attendance in school.

When a student is absent from school, parents or guardians should contact the school to report the student’s absence by 10:00 am. If no contact is made, then upon the student’s return to school, the parent or guardian must send a written note stating the reason for the student’s absence. Parents or guardians will be notified whenever a student does not attend school and the school is not aware of the reason for the absence.

Absences are excused for the following reasons:

1. Medical/dental appointments or personal illness (medical documentation required)
2. Illness, death, or funeral in the family or household (verification may be required)
3. Students sent home by the school nurse
4. Recognized religious holidays
5. Lawyer/court official meeting (court documentation required)
6. Pre-arranged absences with prior approval of the building administrator
7. State mandated testing or other school/division testing programs
8. School-sponsored field trips or activities, including all VHSL activities
9. Late bus or buses which fail to run
10. Conference with school counselor, administrator, or other related staff members
11. Involuntary court appearance (copy of court order or subpoena required)

Attendance letters will be sent home to parents or guardians notifying them when a student has been absent a total of five and ten days during a school year. Upon accumulation of fifteen days of school absences, the principal will send a summary of absences and reasons given for the absences to the superintendent. Juvenile court officials will be notified of excessive student absences; court intervention will be sought after other strategies have proven ineffective.

A daily record will be maintained for absences, tardies and early dismissals, noting the time and reason given by the parent/guardian. Parents or guardians will be notified in writing when absences reach five (5), ten (10) and fifteen (15) days and when tardies and early dismissals become excessive.

Whenever a student fails to report to school on a regularly scheduled school day and no information has been received by school personnel that the student’s parent is aware of and supports the absence, the school principal, principal’s designee, attendance officer or other school personnel or volunteer notifies the parent by phone, email or other electronic means to obtain an explanation. School staff records the student’s absence for each day as “excused” or “unexcused”. Early intervention with the student and parent or parents takes place for repeated unexcused absences.

File: JED-R
Page 2

A. Upon Fifth Absence Without Parental Awareness and Support

If (1) a student fails to report to school for a total of five scheduled school days for the school year, and (2) there is no indication that the student’s parent is aware of and supports the absence; and (3) reasonable efforts to notify the parent of the absences have failed, then the principal or his designee or the attendance officer shall make a reasonable effort to ensure that direct contact is made with the parent, either in person or through telephone conversation, to obtain an explanation for the pupil’s absence and to explain to the parent the consequences of continued nonattendance. The school principal, principal’s designee or the attendance officer, the pupil, and the pupil’s parent shall jointly develop a plan to resolve the pupil’s nonattendance. Such plan shall include documentation of the reasons for the pupil’s nonattendance.

B. Upon Additional Absence Without Parental Awareness and Support

If the pupil is absent for more than one additional day after direct contact with the pupil’s parent and school personnel have received no indication that the pupil’s parent is aware of and supports the pupil’s absence, the school principal or principal’s designee shall schedule a conference with the pupil, the pupil’s parent and school personnel. Such conference may include the attendance officer and other community service providers to resolve issues related to the pupil’s nonattendance. The conference shall be held no later than ten (10) school days after the tenth absence of the pupil, regardless of whether his parent approves of the conference. The conference team shall monitor the pupil’s attendance and may meet again as necessary to address concerns and plan additional interventions if attendance does not improve. In circumstances where the parent is intentionally noncompliant with compulsory attendance requirements or the pupil is resisting parental efforts to comply with compulsory attendance requirements, the principal or principal’s designee shall make a referral to the attendance officer. The attendance officer shall schedule a conference with the pupil and the pupil’s parent within ten (10) school days and may (i) file a complaint with the juvenile and domestic relations district court alleging the pupil is a child I need of supervision as defined by Va. Code §16.1-228 or (ii) institute proceedings against the parent pursuant to Va. Code §18.2-371 or §22.1-262. In filing a complaint against the student, the attendance officer shall provide written documentation of the efforts to comply with the provisions of policy JED. In the event that both parents have been awarded joint physical custody pursuant to Va. Code §20-124.2 and the school has received notice of such order, both parents shall be notified at the last known address of the parents.

Makeup work for absences will be due three days after the student returns to school (Example: If a student is absent on Monday, and returns on Tuesday, then makeup work is due on Friday). For absences of more than one day, students will be given an extra day (up to a maximum of five days) to complete makeup work for each additional day of absence. Grades for work turned in after that time will be reduced ten points for each day beyond the ‘grace period.’ The building administrator may make exceptions for extenuating circumstances (Example: hospitalization).

File: JED-R
Page 3

The following is used to define perfect and outstanding attendance.

Perfect Attendance*
Attending school all day constitutes perfect attendance. This includes no absences, no tardies, and no daily early departures during the school year.

Outstanding Attendance*
Students that miss three or less days during the school year have outstanding attendance. This may include full days missed and/or tardies or early departures.

Adopted: May 3, 2000
Revised: May 23, 2000; August 6, 2013, September 4, 2018
*Modifications Adopted: August 2, 2005

STUDENT CONDUCT

The standards of student conduct are designed to define the basic rules and major expectations of students in the public schools of Bath County. It is the responsibility of the Bath County School Board to adopt policy and regulations and the administration to issue regulations establishing rules of conduct for student behavior in order to protect the health, safety and welfare of its students. The local school principal has the responsibility and authority to exercise reasonable judgment in enforcing this Code of Conduct. Principals are responsible for ensuring that all students, staff members and parents are provided the opportunity to become familiar with this policy.

The superintendent issues Standards of Student Conduct and a list of possible corrective actions for violation of the Standards of Conduct. Each parent of a student enrolled in a public school has a duty to assist the school in enforcing the standards of student conduct and compulsory school attendance in order that education may be conducted in an atmosphere free of disruption and threat to persons or property and supportive of individual rights. The Standards of Student Conduct, a notice of the requirements of Va. Code § 22.1-279.3, and a copy of the compulsory school attendance law is also sent to all parents within one calendar month of the opening of schools simultaneously with any other materials customarily distributed at that time. A statement for the parent’s signature acknowledging the receipt of the Standards of Student Conduct, the requirements of Va. Code § 22.1-279.3 and the compulsory school attendance law is also sent. Parents are notified that by signing the statement of receipt, they are not deemed to waive, but expressly reserve, their rights protected by the constitution or laws of the United States or Virginia. Each school maintains records of the signed statements.

The school principal may request the student’s parent or parents, if both have legal and physical custody, to meet with the principal or principal’s designee to review the School Board’s Standards of Student Conduct and the parent’s or parents’ responsibility to participate with the school in disciplining the student and maintaining order, to ensure the student’s compliance with compulsory school attendance law and to discuss improvement of the child’s behavior, school attendance and educational progress. The administrator of the building should exercise reasonable judgment and consider the circumstances in determining the disciplinary action to be administered.

Each student has the right to expect an educational environment in which he or she can strive to achieve his or her intellectual potential. The student is expected to attend school regularly, be diligent in his/her studies and conduct him/herself in such a way that the rights and privileges of others are not violated. The student is expected to accept and demonstrate the obligation of good citizenship to help prevent problems from happening and help solve problems if they occur.

All parents are expected to assume responsibility for the student’s behavior and assist the school in enforcing the Standards of Student Conduct and compulsory school attendance. Parents are also expected to maintain regular communication with school authorities, monitor and require daily attendance, and bring to the attention of the school authorities any problem that

affects the student or other children in the school. It is the parents’ responsibility to notify the school of any unusual behavior pattern or medical problem that might lead to serious difficulties.

The school principal may notify the parents of any student who violates a School Board policy or the compulsory school attendance requirements when such violation could result in the student’s suspension or the filing of a court petition, whether or not the school administration has imposed such disciplinary action or filed such a petition. The notice shall state (1) the date and particulars of the violation; (2) the obligation of the parent to take actions to assist the school in improving the student’s behavior and ensuring compliance with compulsory school attendance;
(3) that, if the student is suspended, the parent may be required to accompany the student to meet with school officials; and (4) that a petition with the juvenile and domestic relations court may be filed under certain circumstances to declare the student a child in need of supervision.

The principal or principal’s designee notifies the parent of any student involved in an incident required to be reported to the superintendent and Virginia Board of Education.

No suspended student shall be admitted to the regular school program until such student and his parent have met with school officials to discuss improvement of the student’s behavior, unless the school principal or his designee determines that readmission, without parent conference, is appropriate for the student.

If a parent fails to comply with the requirements of this policy, the School Board may ask the Juvenile and Domestic Relations Court to proceed against the parent in accordance with the requirements of the Code of Virginia.

Students are subject to corrective action for any misconduct that occurs:
• in school or on school property;
• on a school vehicle;
• while participating in or attending any school sponsored activity or trip;
• on the way to and from school; and
• off school property, when the acts lead to: (1) notification pursuant to Va. Code § 16.1-305.1 or a conviction for an offense listed in Va. Code § 16.1-260, (2) a charge that would be a felony if committed by an adult, or (3) disruption of the learning environment.

Unlawful acts which will lead to police notification and may lead to suspension from classes, exclusion from activities or expulsion include but are not limited to:
• possession or use of alcohol, illegal drugs, including marijuana and anabolic steroids, or drug paraphernalia;
• selling drugs;
• assault/battery;
• sexual assault;
• arson;
• intentional injury (bullying, fighting);
• theft;

• bomb threats, including false threats, against school personnel or school property;
• use or possession of explosives (see Policy JFCD Weapons in School);
• possession of weapons or firearms (see Policy JFCD Weapons in School);
• extortion, blackmail or coercion;
• driving without a license on school property;
• homicide;
• burglary;
• sex offenses (indecent exposure, obscene phone calls, sodomy and child molestation);
• malicious mischief;
• shooting;
• any illegal conduct involving firebombs, explosive or incendiary devices or materials, hoax explosive devices or chemical bombs;
• stabbing, cutting or wounding;
• unlawful interference with school authorities including threats;
• unlawful intimidation of school authorities; and
• other unlawful acts including being an accessory to any of these or other unlawful acts.

Any student involved in a reportable drug or violent incident shall participate in prevention and intervention activities deemed appropriate by the superintendent or superintendent’s designee. Further, any student who has been found to be in possession of or under the influence of drugs or alcohol on school property or at a school sponsored activity may be required to (1) undergo evaluation for drug or alcohol abuse and (2) participate in a drug and/or alcohol treatment program if recommended by the evaluator and if the parent consents.

The superintendent issues regulations listing additional actions which may be cause for corrective action and if serious enough or exhibited repeatedly may lead to suspension or expulsion.

The School Board biennially reviews the model student conduct code developed by the Board of Education to incorporate into policy a range of discipline options and alternatives to preserve a safe and non-disruptive environment for effective learning and teaching.

Adopted: June 29, 2001
Revised: May 6, 2003; June 25, 2004; April 5, 2005; May 2, 2006; June 23, 2011;
June 24, 2013; June 3, 2014; April 8, 2015

Legal Refs.: Code of Virginia, 1950, as amended, §§16.1-260, 18.2-308.1, 18.2-308.7, 22.1-78, 22.1-200.1, 22.1-253.13:7.C.3; 22.1-254, 22.1-276.3, 22.1-277, 22.1-
277.08, 22.1-277.2, 22.1-279.1, 22.1-279.3, 22.1-279.3:1, 22.1-279.6.

Cross Refs.: CLA Reporting Acts of Violence and Substance Abuse ECAB Vandalism
IIBEA/GAB Acceptable Computer System Use IIBEA-R/ Acceptable Computer System Use GAB-R
JFHA/GBA Prohibition Against Harassment and Retaliation JGA Corporal Punishment
JGD/JGE Student Suspension/Expulsion
JGDA Disciplining Students with Disabilities
JGDB Discipline of Students with Disabilities for Infliction of Serious Bodily Injury
JN Student Fees, Fines and Charges

STANDARDS OF STUDENT CONDUCT

The following are standards of student conduct established by the School Board for all students. The consequences of any act are determined on the basis of the facts presented in each situation in the reasonable discretion of the Board, its designated committees and other appropriate school officials.

1. Assault and Battery

A student shall not assault or commit battery upon another person on school property, on school buses or during school activities on or off school property.

An assault is a threat of bodily injury.

A battery is any bodily hurt, however slight, done to another in an angry, rude or vengeful manner.

2. Attendance; Truancy

Students shall attend school on a regular and punctual basis unless otherwise excused in accordance with School Board policy or regulation. (See Policy JED Student Absences/Excuses/Dismissals.)

If a student who is under 18 years of age has 10 or more unexcused absences from school on consecutive school days, the principal may notify the juvenile and domestic relations court, which may take action to suspend the student’s driver’s license.

3. Bomb Threats

Students shall not engage in any illegal conduct involving firebombs, explosive or incendiary materials or devices or hoax explosive devices or chemical bombs as defined in the Code of Virginia. Moreover, students shall not make any threats or false threats to bomb school personnel or school property.

4. Bullying

A student, either individually or as a part of a group, shall not bully others either in person or by the use of any communication technology including computer systems, telephones, pagers, or instant messaging systems. Prohibited conduct includes, but is not limited to, physical, verbal, or written intimidation, taunting, name-calling, and insults and any combination of prohibited activities.

“Bullying” means any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over

time or causes severe emotional trauma. “Bullying” includes cyber bullying. “Bullying” does not include ordinary teasing, horseplay, argument or peer conflict.

The principal notifies the parent of any student involved in an alleged incident of bullying of the status of any investigation within five school days of the allegation of bullying.

5. Bus-Related Offenses

Students shall not behave in a disruptive manner or otherwise violate these Standards of Conduct while waiting for a school bus, while on a school bus or after being discharged from a school bus.

6. Cheating

Students are expected to perform honestly on schoolwork and tests. The following actions are prohibited:
• cheating on a test or assigned work by giving, receiving, offering and/or soliciting information
• plagiarizing by copying the language, structure, idea and/or thoughts of another
• falsifying statements on any assigned schoolwork, tests or other school documents

7. Communication Devices

Students may possess a beeper, cellular telephone, smart phone, tablet, Personal Digital Assistant (PDA) or other communications device on school property, including school buses, provided that the device must remain off and out of sight during instructional time unless it is being used for instructional purposes at the direction of the student’s teacher.

At no time may any device be used with an unfiltered connection to the Internet. The division is not liable for devices brought to school or school activities.
If a student possesses or uses such a device other than as permitted in this policy, in addition to other disciplinary sanctions which may be imposed, the device may be confiscated from the student and returned only to the student’s parent.

8. Defiance of the Authority of School Personnel

Students shall comply with any oral or written instructions made by school personnel within the scope of their authority as provided by Board policies and regulations.

9. Disruptive Conduct

Students are entitled to a learning environment free of unnecessary disruption. Any physical or verbal disturbance which interrupts or interferes with teaching and orderly conduct of school activities, is prohibited.

10. Electronic Cigarettes

Students shall not possess electronic cigarettes on school premises, on school buses or at school sponsored activities.

11. Extortion

No student may obtain or attempt to obtain anything of value from another by using a threat of any kind.

12. Felony Charges

Students charged with any offense, wherever committed, that would be a felony if committed by an adult may be disciplined and/or required to participate in prevention/ intervention activities.

13. Fighting

Exchanging mutual physical contact between two or more persons by pushing, shoving or hitting with or without injury is prohibited.

14. Gambling

A student shall not bet money or other things of value, or knowingly play or participate in any game involving such a bet, on school property, on school buses or during any school related activity.

15. Gang Activity

Gang-related activity is not tolerated. Symbols of gang membership are expressly prohibited (i.e., clothing that symbolizes association, rituals associated with, or activities by an identified group of students). (See Policy JFCE Gang Activity or Association.)

16. Harassment

A student shall not harass another student or any school employee, volunteer, student teacher or any other person present in school facilities or at school functions. (See Policy JFHA/GBA Prohibition Against Harassment and Retaliation).

17. Hazing

Students shall not engage in hazing.

Hazing means to recklessly or intentionally endanger the health or safety of a student or students or to inflict bodily harm on a student or students in connection with or for the

purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity.

The principal of any school at which hazing which causes bodily injury occurs shall report the hazing to the local Commonwealth Attorney.

18. Internet Use

Students shall abide by the Bath County School Division’s Acceptable Computer Use Policy and Regulation. (See Policy IIBEA Acceptable Computer System Use.)

19. Laser Pointers

Students shall not have in their possession laser pointers.

20. Other Conduct

In addition to these specific standards, students shall not engage in any conduct which materially and substantially disrupts the ongoing educational process or which is otherwise a violation of federal, state or local law.

21. Possession or Use of Weapons or Other Dangerous Articles

Students shall not have in their possession any type of unauthorized firearm or other dangerous weapon or device. (See Policy JFCD Weapons in School.)

22. Profane, Obscene or Abusive Language or Conduct

Students shall not use vulgar, profane or obscene language or gestures or engage in conduct that is vulgar, profane, obscene or disrupts the teaching and learning environment.

23. Reports of Conviction or Adjudication of Delinquency

Any student for whom the superintendent has received a report pursuant to Va. Code § 16.1-305.1 of an adjudication of delinquency or a conviction for an offense listed in subsection G of Va. Code § 16.1-260 may be suspended or expelled.

24. Stalking

Students shall not engage in a pattern of behavior that places another person in fear of serious harm.

25. Student Dress

Students are expected to dress appropriately for a K-12 educational environment. Any clothing that interferes with or disrupts the educational environment is unacceptable. Clothing with language or images that are vulgar, discriminatory, or obscene, or clothing that promotes illegal or violent conduct, such as the unlawful use of weapons, drugs, alcohol, tobacco, or drug paraphernalia or clothing that contains threats such as gang symbols is prohibited.

Clothing should fit, be neat and clean, and conform to standards of safety, good taste and decency. Clothing that exposes cleavage, private parts, the midriff, or undergarments, or that is otherwise sexually provocative, is prohibited. Examples of prohibited clothing include, but are not limited to: sagging or low-cut pants, low-cut necklines that show cleavage, tube tops, halter tops, backless blouses or blouses with only ties in the back, clothing constructed of see-through materials and head coverings unless required for religious or medical purposes.

Additionally, disciplinary action will be taken against any student taking part in gang- related activities that are disruptive to the school environment, which include the display of any apparel, jewelry, accessory, tattoo, or manner of grooming that, by virtue of its color, arrangement, trademark, or any other attribute, denotes membership in a gang that advocates illegal or disruptive behavior.

Parents of students requiring accommodation for religious beliefs, disabilities, or other good causes should contact the principal.

Students not complying with this policy will be asked to cover the noncomplying clothing, change clothes or go home.

26. Theft

A student shall not intentionally take or attempt to take the personal property of another person by force, fear or other means.

27. Threats or Intimidation

Students shall not make any verbal, written, or physical threat of bodily injury or use of force directed toward another person. Students shall not use electronic technology or communication devices, such as the internet or cell phones, to intimidate or threaten for any reason.

28. Trespassing

Students shall not trespass on school property or use school facilities without proper authority or permission, or during a period of suspension or expulsion.

29. Use and/or Possession of Alcohol, Tobacco, Anabolic Steroids, and Other Drugs

A student shall not possess, use, or distribute any of the restricted substances listed below on school property, on school buses or during school activities, on or off school property.

A student shall not attempt to possess, use, consume, procure and/or purchase, any of the restricted substances listed below or what is represented by or to the student to be any of the restricted substances listed below or what the student believes is any of the restricted substances listed below.

A student shall not be under the influence of any of the restricted substances listed below, regardless of whether the student’s condition amounts to legal intoxication.

Restricted substances include but are not limited to alcohol, tobacco and inhalant products, and other controlled substances defined in the Drug Control Act, Chapter 15.1 of Title 54 of the Code of Virginia, such as anabolic steroids, stimulants, depressants, hallucinogens, marijuana, imitation and look-alike drugs, drug paraphernalia and any prescription or non- prescription drug possessed in violation of School Board policy.

The School Board may require any student who has been found in possession of, or under the influence of, drugs or alcohol in violation of School Board policy to undergo evaluation for drug or alcohol abuse, or both, and, if recommended by the evaluator and with the consent of the student’s parent, to participate in a treatment program.

In addition to any other consequences which may result, a student who is a member of a school athletic team will be ineligible for two school years to compete in interscholastic athletic competition if the school principal and the division superintendent determine that the student used anabolic steroids during the training period immediately preceding or during the sport season of the athletic team, unless such steroid was prescribed by a licensed physician for a medical condition.

30. Vandalism

Students shall not willfully or maliciously damage or deface any school building or other property owned or under the control of the School Board. In addition, students shall not willfully or maliciously damage or deface property belonging to or under the control of any other person at school, on a school bus or at school-sponsored events.

CORRECTIVE ACTIONS

The following corrective actions are among those available to the school administration for violation of the Student Code of Conduct. The facts and circumstances of each offense are considered fully in determining reasonable corrective actions.

1. Counseling

2. Admonition
3. Reprimand
4. Loss of privileges, including access to the School Division’s computer system
5. Parental conferences
6. Modification of student classroom assignment or schedule
7. Student behavior contract
8. Referral to student assistance services
9. Removal from class
10. Initiation of child study process
11. Referral to in-school intervention, mediation, or community service programs
12. Tasks or restrictions assigned by the principal or his designee
13. Detention after school or before school
14. Suspension from school-sponsored activities or events prior to, during, or after the regular school day
15. In-school suspension
16. Out-of-school suspension
17. Referral to an alternative education program
18. Notification of legal authority where appropriate
19. Recommendation for expulsion including recommendation for expulsion for possessing a firearm, destructive device, firearm muffler, firearm silencer or pneumatic gun on school property or at a school-sponsored event and recommendation for expulsion for having brought a controlled substance, imitation controlled substance or marijuana onto school property or to a school sponsored activity
20. Evaluation for alcohol or drug abuse
21. Participation in a drug, alcohol or violence intervention, prevention or treatment program

Adopted: June 29, 2001
Revised: September 4, 2001; May 6, 2003; June 26, 2003; April 6, 2004; June 25, 2004;
April 5, 2005; May 2, 2006; June 24, 2008; June 25, 2009; June 23, 2011;
June 24, 2013; December 3, 2013; June 3, 2014; April 8, 2015; June 26, 2017

Legal Refs.: Code of Virginia, 1950, as amended, §§ 18.2-56, 18.2-83, 18.2-85, 18.2-87.1, 18.2-
119, 18.2-308, 18.2-308.1, 18.2-308.7, 18.2-371.2, 18.2-433.1, 22.1-70.2, 22.1-78,
22.1-202, 22.1-253.13:7.C.3, 22.1-276.3, 22.1-277, 22.1-277.07:1, 22.1-277.08,
22.1-277.2, 22.1-279.1, 22.1-279.6, 46.2-323, 46.2-334.001.

Student Code of Conduct Policy Guidelines (Virginia Board of Education October 2013).
Information Brief: Cyberbullying and School Policy (Virginia Department of Education August 2008).

Cross Refs.: CLA Reporting Acts of Violence and Substance Abuse

ECAB Vandalism
GAB/IIBEA Acceptable Computer System Use
GAB-R/IIBEA-R Acceptable Computer System Use Regulation GBECA Electronic Cigarettes
IEA Pledge of Allegiance
IGAG Teaching About Drugs, Alcohol and Tobacco
JED Student Absences/Excuses/Dismissals
JFC Student Conduct
JFCD Weapons in School
JFCE Gang Activity or Association
JFCF Drugs in School
JFHA/GBA Prohibition Against Harassment and Retaliation JGA Corporal Punishment
JGD/JGE Student Suspension/Expulsion
JGDA Disciplining Students with Disabilities
JGDB Discipline of Students with Disabilities for Infliction of Serious Bodily Injury
JHCD Administering Medicines to Students
JN Student Fees, Fines and Charges

ADMINISTERING MEDICINES TO STUDENTS

Medications Prescribed for Individual Students

Employees of Bath County School Board may give medication prescribed for individual students only pursuant to the written order of a physician, physician assistant, or nurse practitioner and with written permission from the student’s parent or guardian. Such medicine must be in the original container and delivered to the principal, school nurse, or school division designee by the parent or guardian of the student.

Nonprescription Medications

Employees of Bath County School Board may give nonprescription medication to students only with the written permission of the parent or guardian. Such permission shall include the name of the medication, the required dosage of the medication, and the time the medicine is to be given. Such medicine must be in the original container and delivered to the principal, school nurse, or school division designee by the parent or guardian of the student.

Self-Care and Self-Administration of Medication

Each enrolled student who is diagnosed with diabetes, with parental consent and written approval from the prescriber, is permitted to
• carry with him and use supplies, including a reasonable and appropriate short-term supply of carbohydrates, an insulin pump, and equipment for immediate treatment of high and low blood glucose levels, and
• self-check his own blood glucose levels on school buses, on school property, and at school-sponsored activities.

A School Board employee, as defined in Va. Code § 22.1-274.E, who is a registered nurse, licensed practical nurse, or certified nurse aide and who has been trained in the administration of insulin, including the use and insertion of insulin pumps, and the administration of glucagon may assist a student who is diagnosed with diabetes and who carries an insulin pump with the insertion or reinsertion of the pump or any of its parts. Prescriber authorization and parental consent shall be obtained for any such employee to assist with the insertion or reinsertion of the pump or any of its parts. Nothing in this policy requires any employee to assist with the insertion or reinsertion of the pump or any of its parts.

Students may be permitted to carry and self-administer other medications when the following conditions are met:
• Written parental permission for self-administration of specified non-prescription medication is on file with the school.
• The non-prescription medication is in the original container and appropriately labeled with the manufacturer’s directions.
• The student’s name is affixed to the container.
• The student possesses only the amount of non-prescription medicine needed for one school day/activity.

Sharing, borrowing, distributing, manufacturing or selling any medication is prohibited. Permission to self-administer non-prescription medication may be revoked if the student violates this policy and the student may be subject to disciplinary action in accordance with the Standards of Student Conduct.

Self-Administration of Asthma Medications and Auto-Injectable Epinephrine

Students with a diagnosis of asthma or anaphylaxis, or both, are permitted to possess and self-administer inhaled asthma medications or auto-injectable epinephrine, or both, as the case may be, in accordance with this policy during the school day, at school-sponsored activities, or while on a school bus or other school property. A student may possess and self-administer asthma medication, or auto-injectable epinephrine, or both, when the following conditions are met:
• Written parental consent that the student may self-administer inhaled asthma medications or auto-injectable epinephrine, or both, is on file with the school.
• Written notice from the student’s health care provider is on file with the school, indicating the identity of the student, stating the diagnosis of asthma or anaphylaxis, or both, and approving self-administration of inhaled asthma medications or auto- injectable epinephrine, or both, that have been prescribed for the student; specifying the name and dosage of the medication, the frequency in which it is to be administered and the circumstances which may warrant its use; and attesting to the student’s demonstrated ability to safely and effectively self-administer the medication.
• An individualized health care plan is prepared, including emergency procedures for any life-threatening conditions.
• There is a consultation with the student’s parent before any limitations or restrictions are imposed on a student’s possession and self-administration of inhaled asthma medications and auto-injectable epinephrine, and before the permission to possess and self-administer inhaled asthma medications and auto-injectable epinephrine at any point during the school year is revoked.
• Self-administration of inhaled asthma medications and auto-injectable epinephrine is consistent with the purposes of the Virginia School Health Guidelines and the Guidelines for Specialized Health Care Procedure Manual, which are jointly issued by the Virginia Department of Education and the Virginia Department of Health.
• Information regarding the health condition of the student may be disclosed to school board employees in accordance with state and federal law governing the disclosure of information contained in student scholastic records.

Permission granted to a student to possess and self-administer asthma medications or auto- injectable epinephrine, or both, will be effective for a period of 365 calendar days, and must be renewed annually. However, a student’s right to possess and self-administer inhaled asthma medication or auto-injectable epinephrine, or both, may be limited or revoked after appropriate school personnel consult with the student’s parents.

Epinephrine

Pursuant to an order or standing protocol issued by the prescriber within the course of his professional practice, any school nurse, School Board employee, employee of a local appropriating body or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine may possess epinephrine and administer it to any student believed to be having an anaphylactic reaction.

Regulation

The superintendent shall develop a regulation for administration of medicines to students. The regulation shall include provisions for the handling, storage, monitoring, documentation and disposal of medication.

Adopted: June 27, 2008
Revised: May 4, 2004; May 2, 2006; June 24, 2008; June 7, 2011; June 26, 2017

Legal Refs.: Code of Virginia, as amended, §§ 22.1-78, 22.1-274, 22.1-274.01:1, 22.1-274.2,
54.1-2952.2, 54.1-2957.02, 54.1-3408.

Manual for Training Public School Employees in the Administration of Insulin and Glucagon (Virginia Department of Education Revised 2015).

Cross Refs.: EBBA Emergency First Aid, CPR and AED Certified Personnel JFC-R Standards of Student Conduct
JHCE Recommendation of Medication by School Personnel JO Student Records

Bath County Public Schools
AUTHORIZATION/PARENT CONSENT FOR ADMINISTERING MEDICATION
(USE A SEPARATE FORM FOR EACH MEDICATION)

Student’s Name: Grade:
First Middle Last

Date of Birth: / / Allergies:

Over-the-Counter Medication Authorization ONLY

OTC Medication Reason Allergies Physician’s Name

Dosage/Time(s) Given Possible Side Effects Other Instructions Telephone #

Prescription Medication Authorization
(For Use By Licensed Prescriber ONLY)

Diagnosis Medication Dates medication must be administered at school:

Dosage (amount) Time(s) of Day
A. Serious reactions can occur if the medication is not given as prescribed: Yes No If yes, describe:

B. Serious reactions/adverse side effects from this medication may occur: Yes No If yes, describe:
Action/Treatment for reactions: SEVERE ALLERGIC REACTIONS THAT REQUIRE AN EPI-PEN/ASTHMATICS/DIABETICS ONLY:
This student is responsible for self-administering this medication?
YES(supervised) YES(unsupervised) NO This student may carry this medication. YES NO
Licensed Prescriber’s Name:
Tel. No: Emergency No:
Licensed Prescriber’s Signature: Date:

BSBO 044 (5/17/05)

File: JHCD-R

ADMINISTERING MEDICATIONS TO STUDENTS

The administration of medication during school hours is discouraged. Medication should be given at times other than school hours. (Example: medication given three times a day may be given before school, after school, and at bedtime.) Recognizing that this is not always possible, guidelines have been established for administration of prescribed medication during the school day. School employees do not make medical diagnosis or prescribe any medication. A non-medically trained person will give medication. It is our intent to ensure that students have the opportunity to attend class while requiring medication not in violation of our substance abuse policy.

Medication Form (Required)
Any student under medical care and using prescribed medication during school hours is required to present to the school principal or principal’s designee a doctor’s/nurse practitioner’s instructions stating the name of medication prescribed for the student, the time to be administered, the dosage of medication, and the total duration of treatment, as well as doctor’s/nurse practitioner’s signature. Administration of medication at school also requires the written signature of the parent/guardian. (Form BSBO #044) Medication cannot be given without this form.

Procedures
EXCEPTIONS TO THE FOLLOWING GUIDELINES MAY BE NECESSARY DEPENDING UPON INDIVIDUAL CIRCUMSTANCES. EXCEPTIONS MAY BE AUTHORIZED ONLY BY THE SCHOOL PRINCIPAL OR DIVISION SUPERINTENDENT.

1) The school nurse, principal, or principal’s designee shall administer all student medications. All staff having the responsibility for administering medications shall participate annually in appropriate staff development provided by medically trained personnel.

2) For the safety and protection of children, the medication must be brought to school by a parent
/guardian or an adult, with the parent/guardian’s written authority to act, in the original container which is appropriately labeled by the pharmacy or physician/nurse practitioner. Medication may not be transported on a school bus by any student due to the potential danger of improper use and handling.

3) All prescribed medication shall be secured in a locked storage area in its original container or in an appropriately labeled pharmacy container. Possession of medication by a student is a violation of the Substance Abuse Policy.

4) No medication may be dispensed from a bottle or container, which is improperly labeled.

5) If there is any discrepancy between the label on the bottle/container and the parent’s instructions, the medication may not be administered to the student.

6) A School Medication record shall be maintained in each school to record medication given to a student, the date, the dosage, and by whom administered. (BSBO #044a)

7) Medication shall be consumed in the presence of the adult administering the medication.

8) Medication may be taken on field trips. The teacher sponsoring the field trip shall be responsible for making appropriate arrangements for transporting and administering such medications. The teacher shall also be responsible for signing the School Medication Record (BSBO #044a).

File: JHCD-R
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9) Staff having responsibility for administering medications shall have no other responsibilities during the time that medications are being administered.

10) The school will contact the parent at the close of the school year and request the parent to pick up unused medication.

11) If medications are not picked up within ten (10) days of schools year-end closing, they will be disposed of by the school nurse.

CHRONIC MEDICATIONS
(LONG-TERM MEDICATIONS PRESCRIBED BY PHYSICIAN)

These are medications which must be available for administration, to the student, during the school year (i.e. medication for ADD/ADHD, allergies, asthma, seizures, diabetic medication, etc.).

1) Injection and inhalant medications MUST have a doctor’s/nurse practitioner’s written order and parent’s written permission for student to carry medication on person for immediate administration. Any misuse of these medications is cause for disciplinary measures and/or mandatory storing of medication in office.

2) Chronic medication forms must be updated at the beginning of each school year.

ACUTE MEDICATIONS
(SHORT-TERM MEDICATIONS PRESCRIBED BY A PHYSICIAN/NURSE PRACTITIONER)

These are medications which must be available during school hours (i.e. antibiotics, antihistamines, prescription eye drops, etc.).

1) A request must be made by the physician/nurse practitioner, on BSBO Form #044 that the medication is necessary during school hours.

2) Only the number of doses to be given during school hours is to be sent to school. When the student is administered medication both at school and at home, the parent is encouraged to request the pharmacist to divide the medication into two containers (one for home – one for school).

OVER-THE-COUNTER MEDICATIONS (SHORT-TERM MEDICATIONS)

These are medications purchased at a drug or grocery store and are available for administration to the student (i.e. cold syrups, cold remedies, pain relievers, etc.).

1) All over-the-counter medication MUST be brought to the office with a note from parents and/or a physician/nurse practitioner stating: Student’s name, name of drug, time to be administered, dosage, signed and dated by parent. High school students may carry a single day’s supply provided student has a copy of the parental consent from the office. All over-the-counter medications must be in the original container.

Revised: June 4, 2002, June 7, 2005

SCHOOL MEALS AND SNACKS

The Bath County School Board recognizes that students need adequate, nourishing food in order to learn, grow, and maintain good health.

Generally

To reinforce the division’s nutrition education program, foods sold to students during regular school hours on school premises will be
• carefully selected so as to contribute to students’ nutritional well-being and the prevention of disease;
• prepared in ways that will appeal to students, retain nutritive quality, and foster lifelong healthful eating habits; and
• served in age-appropriate quantities and at reasonable prices.

The Bath County School Board promotes high-quality school meals and snacks by
• involving students in the selection, tasting, and marketing of healthy foods and beverages that appeal to students;
• providing a variety of food options, such as fruits, vegetables, whole grains, and dairy foods, which are low in fat and added sugars;
• offering a variety of healthy choices that appeal to students, including cultural and ethnic favorites;
• restricting student access to unhealthy foods in vending machines, school stores, and other venues that compete with healthy school meals; and
• ensuring that healthy snacks and foods are provided in vending machines, school stores, and other venues within the division’s control. The healthy options should cost the same or less than unhealthy alternatives.

The Bath County School Board strives to provide an environment conducive to good health
by
• allowing an adequate amount of time and space for students to eat school meals;
• scheduling lunch periods at reasonable hours around midday;
• ensuring that drinking fountains are operable, clean, and convenient for use throughout the school day;
• offering extracurricular physical activity programs, such as physical activity clubs, intramural programs, or interscholastic athletics;
• discouraging the promotion and advertising of unhealthy foods;
• using non-food items rather than food items such as candy, cakes, soda, and foods high in fat, as incentives and rewards for good behavior or academic performance; and
• encouraging parents to support the division’s nutrition education efforts by considering nutritional quality when selecting any snacks which they may donate for occasional class parties.

The Bath County School Board supports nutrition education and physical education by
• ensuring that qualified nutrition education and physical education specialists focus on knowledge and skill development so students are able to learn and adopt healthy eating and physical activity behaviors;
• offering nutrition education in the school dining area(s) and in the classroom, with coordination between food service staff and teachers; and
• eliminating any stigma attached to, and preventing public identification of, students who are eligible for free and reduced-price meals.

Nutritional Guidelines

Meals and snacks offered as part of the National School Lunch Program or the School Breakfast Program meet, at a minimum, the requirements established by state and federal law and regulation.

Competitive foods, as defined herein, comply with state and federal requirements.

Schools make potable water available and accessible without restriction to children at no charge in the place(s) where lunches are served during the meal service.

Definitions

“Competitive food” means all food and beverages other than meals reimbursed under programs authorized by the National School Lunch Act and the Child Nutrition Act of 1966 available for sale to students on the school campus during the school day. Competitive foods meet the nutrient guidelines established by the Board of Education, including the guidelines for calories, fat, sugar and sodium.

“School campus” means all areas of the property under the jurisdiction of the school that are accessible to students during the school day.

“School day” means the period from the midnight before to 30 minutes after the end of the official school day.

Advertising and Marketing

The Bath County School Division permits the marketing and advertising of only foods that meet the nutrition guidelines for competitive foods, serve to promote student health, prevent childhood obesity, and combat problems associated with poor nutrition and physical inactivity.

Unpaid Meal Charges

Students who do not have money on account or in hand to cover the cost of a meal at the time of service may be permitted to charge the meal. Students may charge no more than $25.00 to their accounts.

A student carrying a negative balance of $25.00 or more is not permitted to charge any additional amounts. A student who is not permitted to charge any additional amounts is permitted to buy a meal if the student has cash on hand. Reasonable efforts are used to avoid calling attention to a student’s inability to pay.

Notices of low or negative balances in a student’s meal account are sent to parents and the school principal. Parents are expected to pay all meal charges in full by the last day of the school year.

If a parent regularly fails to provide meal money or send food to school with the student and the student does not qualify for free or reduced benefits, the child nutrition director will inform the principal, who will determine the next course of action, which may include notifying the department of social services of suspected child neglect and/or taking legal steps to recover the unpaid meal charges.

The superintendent ensures that federal child nutrition funds are not used to offset the cost of unpaid meals and that the child nutrition program is reimbursed for bad debt. In order to accomplish those goals, the following procedures are followed:

• At least one written notice is provided to a student and the student’s parent or guardian prior to the student being denied reimbursable meals for exceeding the division’s charge limit.
• If payment of the negative balance is not received within ten (10) working days of the maximum charge limit being reached, the debt will be turned over to the superintendent or superintendent’s designee for collection. If the debt is not paid within five (5) days of notice being given, it is considered bad debt for the purposes of federal law concerning unpaid meal charges.

Students who cannot pay for a meal at school or who owe a school meal debt are not required to do chores or other work to pay for such meal or wear a wristband or hand stamp.

Recordkeeping

The Bath County School Board is responsible for maintaining records that document compliance with this policy. Those records include documentation used to assess the nutritional profile of food items and determine whether a food item is an allowable completive food, such as recipes, nutrition labels and/or product specifications for the competitive food available for sale to students.

The School Board is also responsible for

• maintaining records documenting compliance with the competitive food nutrition standards for food available for sale in areas that are outside of the control of the school nutrition programs operations

• ensuring any organization or school activity designated as responsible for food service at the various venues in the school, other than the school nutrition programs, maintains records documenting compliance with the competitive food nutrition standards
• maintaining records each school year documenting the number of exempt fundraisers, if any, conducted at each school within the division
• designating an individual at the division or school level to monitor and ensure compliance with this policy in all areas that are outside the control of the school nutrition programs operation. The designee may not be school nutrition personnel.

Adopted: June 6, 2012
Revised: December 2, 2014; April 5, 2016; August 1, 2017; June 28, 2018; September 4, 2018

Legal Refs: 42 U.S.C. § 1758.

U.S. Department of Agriculture, SP 46-2016, Unpaid Meal Charges: Local Meal Charge Policies, July 8, 2016.

U.S. Department of Agriculture, SP 47-2016, Unpaid Meal Charges: Clarification on Collection of Delinquent Meal Payments, July 8, 2016.

7 C.F.R. 210.11.

Code of Virginia, 1950, as amended, §§ 22.1-78, 22.1-79.7, 22.1-207.4.

8 VAC 20-740-10.

8 VAC 20-740-30.

8 VAC 20-740-35.

8 VAC 20-740-40.

Cross Refs: EFB Free and Reduced Price Food Services IGAE/IGAF Health Education/Physical Education JHCF Student Wellness
JL Fund Raising and Solicitation
KG Sales and Solicitations in Schools
KJ Advertising in the Schools
KQ Commercial, Promotional and Corporate Sponsorships and Partnerships

STUDENT FEES, FINES AND CHARGES

The School Board charges student fees and takes action to recover funds for the loss of or damage to School Board property in accordance with the state and federal law. No fee may be charged unless it has been approved by the School Board.

The School Board provides, free of charge, such textbooks as are required for courses of instruction for each child attending public schools. Consumable materials such as workbooks, writing books, and drawing books may be purchased by the School Board and either provided to students at no cost or sold to students at a retail price not to exceed seven percent added to the publisher’s price. If sold, the School Board shall ensure that workbooks, writing books, and drawing books are furnished to students who are unable to afford them at a reduced price or free of charge. Fees will not be charged to students for instructional materials, textbooks, or other materials used by a School Board employee that are not directly used by a public school student.

Fees may be charged for 1) optional services such as parking or locker rental; 2) student-selected extracurricular activities; 3) class dues; 4) field trips or educationally-related programs that are not required instructional activities; 5) fees for musical instruments, as long as the instruction in the use of musical instruments is not part of the required curriculum; 6) distance learning classes for enrichment which are not necessary to meet the requirements for a diploma; 7) summer school, unless the classes are required for remediation as prescribed by the Standards of Quality; 8) overdue or lost or damaged library books; 9) lost or damaged textbooks;
10) consumable materials such as workbooks, writing books, drawing books and fine arts materials and supplies; however, workbooks, writing books, drawing books and fine arts materials and supplies must be furnished to students who are unable to afford them at a reduced price or free of charge; fees may not be charged to students for instructional materials, textbooks, or other materials that are not directly used by a public school student; 11) the behind-the-wheel portion of the driver’s education program; 12) a fee not to exceed a student’s pro rata share of the cost of providing transportation for voluntary extracurricular activities; and 13) the preparation and distribution of official paper copies of student transcripts; a reasonable number of copies of official paper copies must be provided for free before a charge is levied for additional official copies; official electronic copies of student transcripts must be provided for free.

Fees may not be charged 1) as a condition of school enrollment, except for students who are not of school age or who do not reside within the jurisdiction; 2) for instructional programs and activities, or materials required for instruction, except as specified in by 8 VAC 20-720-80.H; 3) for textbooks or textbook deposits; however, a reasonable fee or charge for lost or damaged textbooks may be charged; 4) for pupil transportation to and from school; or 5) for

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summer school programs or other forms of remediation required by the Standards of Quality.

Fees are reduced or waived for economically disadvantaged students and students whose families are undergoing economic hardships and are financially unable to pay them, including but not limited to, families receiving unemployment benefits or public assistance, including Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income (SSI) or Medicaid; foster families caring for children in foster care; and families that are homeless.

Each time a fee is charged, notice will be given that a fee waiver may be requested. The notice will include directions as to how to apply for a waiver.

This policy will be provided to parents annually and posted on the division’s website.

The consequences for nonpayment of fees include exclusion from the activity related to
the fee.

No student’s report card, diploma or class schedule will be withheld because of nonpayment of fees or charges. No student will be suspended or expelled for nonpayment of fees or charges.

The School Board upon recommendation of the superintendent may take action against a pupil or the pupil’s parent for any actual loss, breakage, or destruction of or failure to return property owned by or under the control of the School Board, caused or committed by such pupil in pursuit of his studies. Such action may include seeking reimbursement from a pupil or pupil’s parent for any such loss, breakage, or destruction of or failure to return school property.

Adopted: June 29, 2001
Revised: June 24, 2008; July 15, 2008; August 4, 2008; June 24, 2010; May 7, 2013

Legal Refs.: Code of Virginia, 1950, as amended, §§ 8.01-43, 22.1-6, 22.1-243, 22.1-280.4.

8 VAC 20-720-80.

Cross Refs.: ECAB Vandalism
IIA Instructional Materials

STUDENT RECORDS

Generally

The Bath County School Board maintains accurate and complete records for every student enrolled in the public schools in accordance with all federal and state laws.

The superintendent and/or his designee(s) is responsible for the collection of data, record maintenance and security, access to, and use of records, confidentiality of personally identifiable information, dissemination of information from records, and destruction of records, including the destruction of personally identifiable information regarding a student with a disability at the request of the parents. The superintendent also provides for notification of all school division personnel of policy and procedures for management of education records and notification of parents and students of their rights regarding student records, including the right to obtain, upon request, a copy of this policy.

Definitions

For the purposes of this policy, Bath County Public Schools uses the following definitions.

Authorized representative – any entity or individual designated by a state or local educational authority or an agency headed by an official listed in 34 CFR § 99.31(a)(3) to conduct, with respect to federal- or state-supported education programs, any audit or evaluation, or any compliance or enforcement activity in connection with federal legal requirements that relate to these programs.

Directory information – information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information may include information such as the student’s name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, grade level, enrollment status, dates of attendance, 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 institution attended. Directory information may not include the student’s social security number. Directory information may include a student identification number or other unique personal identifier used by a student for accessing or communicating in electronic systems if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a personal identification number, password, or other factor known or possessed only by the authorized user or a student ID number or other unique personal identifier that is displayed on a student ID badge, if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity such as a PIN or password or other factor known or possessed only by the authorized user.

Early childhood education program – a Head Start program or an Early Head Start program, a state licensed or regulated child care program, or a program that serves children from birth through age six that addresses the children’s cognitive, social, emotional, and physical

development and is a state prekindergarten program, a program under section 619 or Part C of the Individuals with Disabilities Education Act, or a program operated by a local educational agency.

Education program – any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records – any information recorded in any way including handwriting, print, computer media, video or audiotape, film, microfilm, and microfiche maintained by the Bath County School Board or an agent of the school division which contains information directly related to a student, except
• records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to another person except a temporary substitute for the maker of the record;
• records created and maintained for law enforcement purposes by the Bath County School Board’s law enforcement unit, if any. A law enforcement unit is any individual, office, department, or division of the school division that is authorized to enforce any local, state, or federal law, refer enforcement matters to appropriate authorities or maintain the physical security and safety of the school division;
• in the case of persons who are employed by the Bath County School Board but who are not in attendance at a school in the division, records made and maintained in the normal course of business which relate exclusively to the person in his capacity as an employee;
• records created or received after an individual is no longer in attendance and that are not directly related to the individual’s attendance as a student;
• grades on peer-graded papers before they are collected and recorded by a teacher; and
• any electronic information, such as email, even if it contains personally identifiable information regarding a student, unless a printed copy of the electronic information is placed in the student’s file or is stored electronically under an individual student’s name on a permanent and secure basis for the purpose of being maintained as an educational record. For purposes of this policy, electronic information that exists on a back-up server, a temporary archiving system, or on a temporary basis on a computer is not an education record and is not considered as being maintained.

Eligible student – a student who has reached age 18.

Parent – a parent of a student, including a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.

Student – any person who is or has been in attendance at Bath County Public Schools regarding whom the school division maintains education records or personally identifiable information.

Dissemination and Maintenance of Records About Court Proceedings Adjudications
The superintendent shall disseminate the notice or information regarding an adjudication of delinquency or conviction for an offense listed in Va. Code § 16.1-260.G. contained in a notice received pursuant to Va. Code § 16.1-305.1 to school personnel responsible for the management of student records and to other relevant school personnel, including, but not limited to, the principal of the school in which the student is enrolled. The principal shall further disseminate such information to licensed instructional personnel and other school personnel who (1) provide direct educational and support services to the student and (2) have a legitimate educational interest in such information.

A parent, guardian, or other person having control or charge of a student, and, with consent of a parent or in compliance with a court order, the court in which the disposition was rendered, shall be notified in writing of any disciplinary action taken with regard to any incident upon which the adjudication of delinquency or conviction for an offense listed in subsection G of Va. Code § 16.1-260 was based and the reasons therefor. The parent or guardian shall also be notified of his or her right to review, and to request an amendment of, the student’s scholastic record.

Every notice of adjudication of delinquency or conviction for an offense listed in subsection G of Va. Code § 16.1-260 received by a superintendent, and information contained in the notice, which is not a disciplinary record as defined in Board of Education regulations, shall be maintained by him and by any others to whom he disseminates it, separately from all other records concerning the student. However, if the school administrators or the School Board takes disciplinary action against a student based upon an incident which formed the basis for the adjudication of delinquency or conviction for an offense listed in subsection G of Va. Code § 16.1- 260, the notice shall become a part of the student’s disciplinary record.

Any notice of disposition received pursuant to Va. Code § 16.1-305.1 shall not be retained after the student has been awarded a diploma or a certificate as provided in Va. Code § 22.1- 253.13:4.

Petitions and Reports

The superintendent shall not disclose information contained in or derived from a notice of petition received pursuant to Va. Code § 16.1-260 or report received pursuant to Va. Code § 66- 25.2:1 except as follows:
• If the juvenile is not enrolled as a student in a public school in the division to which the notice or report was given, the superintendent shall promptly so notify the intake officer of the juvenile court in which the petition was filed or the Director of the Department which sent the report and may forward the notice of petition or report to the superintendent of the division in which the juvenile is enrolled, if known.
• Prior to receipt of the notice of disposition in accordance with Va. Code § 16.1-
305.1 the superintendent may disclose the fact of the filing of the petition and the nature of the offense to the principal of the school in which the student is enrolled

if the superintendent believes that disclosure to school personnel is necessary to ensure the physical safety of the student, other students, or school personnel within the division. The principal may further disseminate the information regarding a petition, after the student has been taken into custody, whether or not the child has been released, only to those students and school personnel having direct contact with the student and need of the information to ensure physical safety or the appropriate educational placement or other educational services.
• If the superintendent believes that disclosure of information regarding a report received pursuant to Va. Code § 66-25.2:1 to school personnel is necessary to ensure the physical safety of the student, other students, or school personnel, he may disclose the information to the principal of the school in which the student is enrolled. The principal may further disseminate the information regarding such report only to school personnel as necessary to protect the student, the subject or subjects of the danger, other students, or school personnel.

Annual Notification

The school division annually notifies parents and eligible students of their rights under the Family Educational Rights and Privacy Act (FERPA) including
• the right to inspect and review the student’s education records and the procedure for exercising this right;
• the right to request amendment of the student’s education records that the parent believes to be inaccurate, misleading or in violation of the student’s privacy rights and the procedure for exercising this right;
• the right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent;
• the type of information designated as directory information and the right to opt out of release of directory information;
• that the school division releases records to other institutions that have requested the records and in which the student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer;
• the right to opt out of the release of the student’s name, address, and phone number to military recruiters or institutions of higher education that request such information;
• a specification of the criteria for determining who constitutes a school official and what constitutes a legitimate educational interest; and
• the right to file complaints with the Family Policy Compliance Office in the United States Department of Education concerning the school division’s alleged failure to comply with FERPA.

Procedure to Inspect Education Records

Parents of students or eligible students may inspect and review the student’s education records within a reasonable period of time, which shall not exceed 45 days, and before any meeting regarding an IEP or hearing involving a student with a disability. Further, parents have the right to a response from the school division to reasonable requests for explanations and interpretations of the education record.

Parents or eligible students should submit to the student’s school principal a written request which identifies as precisely as possible the record or records he or she wishes to inspect.

The principal (or appropriate school official) will make the needed arrangements for access as promptly as possible and notify the parent or eligible student of the time and place where the records may be inspected.

When a record contains information about students other than a parent’s child or the eligible student, the parent or eligible student may not inspect and review the portion of the record which pertains to other students.

Copies of Education Records

Bath County Public Schools will not provide a parent or eligible student a copy of the student’s education record unless failure to do so would effectively prevent the parent or eligible student from exercising the right to inspect and review the records.

Fees for Copies of Records

The fee for copies will be $0.25 per page. The actual cost of copying time and postage will be charged. Bath County Public Schools does not charge for search and retrieval of the records. Bath County Public Schools does not charge a fee for copying an Individualized Education Plan (IEP) or for a copy of the verbatim record of a hearing conducted in accordance with the State Board of Education’s Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

Types, Locations, and Custodians of Education Records

Bath County Public School shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the school division.

The following is a list of the types of records that Bath County Public Schools maintain, their locations, and their custodians.

Types Location Custodian Information
Permanent and
Cumulative Records School Office Principal Health, Academic,
Discipline, etc.

Disclosure of Education Records

Bath County Public Schools discloses education records or personally identifiable information contained therein only with the written consent of the parent or eligible student except as authorized by law. Exceptions which permit the school division to disclose education record information without consent include the following.

1. To school officials who have a legitimate educational interest in the records. A school official is:
• a person employed by the School Board
• a person appointed or elected to the School Board
• a person employed by or under contract to the School Board to perform a special task, such as an attorney, auditor, medical consultant, or therapist
• a contractor, consultant, volunteer, or other party to whom the school division has outsourced services or functions for which the school division would otherwise use employees and who is under the direct control of the school division with respect to the use and maintenance of education records
A school official has a legitimate educational interest if the official is:
• performing a task that is specified in his or her position description or by a contract agreement
• performing a task related to a student’s education
• performing a task related to the discipline of a student
• providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid
2. To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer.
3. To certain officials of the U.S. Department of Education, the United States Attorney General, the Comptroller General, and state educational authorities, in connection with certain state or federally supported education programs and in accordance with applicable federal regulations.
4. In connection with a student’s request for or receipt of financial aid as necessary to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.
5. For the purpose of furthering the ability of the juvenile justice system to effectively serve the pupil prior to adjudication. The principal or his designee may disclose identifying information from a pupil’s scholastic record to state or local law- enforcement or correctional personnel, including a law-enforcement officer, probation officer, parole officer or administrator, or a member of a parole board, seeking information in the course of his duties; an officer or employee of a county or city agency responsible for protective services to children, as to a pupil referred to that agency as a minor requiring investigation or supervision by that agency; attorneys for the Commonwealth, court services units, juvenile detention centers or group homes, mental and medical health agencies, state and local children and

family service agencies, and the Department of Juvenile Justice and to the staff of such agencies. Prior to disclosure of any such scholastic records, the persons to whom the records are to be disclosed shall certify in writing to the principal or his designee that the information will not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the pupil or by such pupil if the pupil is eighteen years of age or older.
6. To organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate or administer predictive tests; administer student aid programs; or improve instruction. The studies must be conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization that have legitimate interests in the information. The information must be destroyed when it is no longer needed for the purposes for which the study was conducted. The School Board must enter into a written agreement with the organization conducting the study which
• specifies the purpose, scope, and duration of the study or studies and the information to be disclosed;
• requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study stated in the written agreement;
• requires the organization to conduct the study in a manner that does not permit personal identification of parents and students by anyone other than representatives of the organization with legitimate interests; and
• requires the organization to destroy all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed.
7. To accrediting organizations to carry out their functions.
8. To parents of an eligible student who claim the student as a dependent for income tax purposes.
9. To the entities or persons designated in judicial orders or subpoenas as specified in FERPA.
10. To appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. If the school division releases information in connection with an emergency, it will record the following information:
• the articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure; and
• the parties to whom the division disclosed the information.
11. To an agency caseworker or other representative of a state or local child welfare agency or tribal organization who has the right to access a student’s case plan when such agency or organization is legally responsible for the care and protection of the student.
12. Directory information so designated by the school division.
13. When the disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14071, and the information was provided to the division under 42 U.S.C. § 14071 and applicable federal guidelines.

The school division will use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other parties to whom it discloses personally identifiable information from education records.

Unauthorized Disclosure of Electronic Records

In cases in which electronic records containing personally identifiable information are reasonably believed to have been disclosed in violation federal or state law applicable to such information, the school division shall notify, as soon as practicable, the parent of any student affected by such disclosure, except as otherwise provided in Va. Code §§ 32.1-127.1:05 or 18.2-
186.6. Such notification shall include the (i) date, estimated date, or date range of the disclosure;
(ii) type of information that was or is reasonably believed to have been disclosed; and (iii) remedial measures taken or planned in response to the disclosure.

Disclosure to Federal Agencies

Notwithstanding any other provision of law or policy, no member or employee of the Bath School Board will transmit personally identifiable information, as that term is defined in FERPA and related regulations, from a student’s record to a federal government agency or an authorized representative of such agency except as required by federal law or regulation.

Disclosure of Information Relating to Home Instructed Students

Neither the superintendent nor the School Board shall disclose to the Department of Education or any other person or entity outside of the local school division information that is provided by a parent or student to satisfy the requirements of Policy LBD Home Instruction or subdivision B 1 of Va. Code § 22.1-254. However, the superintendent or School Board may disclose, with the written consent of a student’s parent, such information to the extent provided by the parent’s consent. Nothing in this policy prohibits the superintendent from notifying the Superintendent of Public Instruction of the number of students in the school division receiving home instruction.

Audit or Evaluation of Education Programs

Authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the federal Secretary of Education, and state and local educational authorities may have access to education records in connection with an audit or evaluation of federal- or state- supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs.

Any authorized representative other than an employee must be designated by a written agreement which
• designates the individual or entity as an authorized representative;
• specifies the personally identifiable information to be disclosed, specifies that the purposes for which the personally identifiable information is disclosed to the authorized representative is to carry out an audit or evaluation of federal- or state-

supported education programs, or to enforce or comply with federal legal requirements that relate to those programs; and specifies a description of the activity with sufficient specificity to make clear that the work falls within the exception of 34 CFR § 99.31(a)(3) including a description of how the personally identifiable information will be used;
• requires the authorized representative to destroy personally identifiable information when the information is no longer needed for the purpose specified;
• specifies the time period in which the information must be destroyed; and
• establishes policies and procedures, consistent with FERPA and other federal and state confidentiality and privacy provisions, to protect personally identifiable information from further disclosure and unauthorized use, including limiting use of personally identifiable information to only authorized representatives with legitimate interests in the audit or evaluation of a federal- or state-supported education program or for compliance or enforcement of federal legal requirements related to such programs.

Military Recruiters and Institutions of Higher Learning

The Bath County Public Schools provides, on request made by military recruiters or an institution of higher education, access to secondary school students’ names, addresses and telephone listings unless a parent or eligible student has submitted a written request that the student’s name, address and telephone listing not be released without the prior written consent of the parent or eligible student. The school division notifies parents of the option to make a request and complies with any request.

The school division provides military recruiters the same access to secondary school students as is provided generally to post-secondary educational institutions or to prospective employers of those students.

Record of Disclosure

Bath County Public Schools maintains a record, kept with the education records of each student, indicating all individuals (except school officials who have a legitimate educational interest in the records), agencies or organizations which request or obtain access to a student’s education records. The record will indicate specifically the legitimate interest the party had in obtaining the information. The record of access will be available only to parents, to the school official and his assistants who are responsible for the custody of such records and to persons or organizations which audit the operation of the system.

The requirements related to records of disclosure stated above do not apply to disclosures made pursuant to an ex parte order issued by a court at the request of the United States Attorney General (or any federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General) seeking to collect education records relevant to an authorized investigation or prosecution of international terrorism as defined in 18 U.S.C. § 2331 or other acts listed in 18 U.S.C. § 2332b(g)(5)(B).

Personal information will only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party permits access to information, or fails to destroy information, the division will not permit access to information from education records to that third party for a period of at least five years.

Information

The Bath County School Board notifies parents and eligible students at the beginning of each school year what information, if any, it has designated as directory information, the right to refuse to let the division designate any or all of such information as directory information, and the period of time to notify the division, in writing, that he or she does not want any or all of those types of information designated as directory information. The notice may specify that disclosure of directory information will be limited to specific parties, for specific purposes, or both. If the School Board specifies that disclosure of directory information will be so limited, the disclosures of directory information will be limited to those specified in the public notice.

No school discloses the address, telephone number, or email address of a student pursuant to 34 C.F.R. § 99.31(a)(11) or the Virginia Freedom of Information Act unless the parent or eligible student affirmatively consents in writing to such disclosure.

Parents and eligible students may not use the right to opt out of directory information disclosures to 1) prevent disclosure of the student’s name, identifier or institutional email address in a class in which the student is enrolled; or 2) prevent an educational agency or institution from requiring the student to wear, to display publicly or to disclose a student ID card or badge that exhibits information designated as directory information and that has been properly designated as directory information.

Directory information is information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information may include information such as the name, gender, address, telephone listing, date and place of birth of students, the student’s major field of study, participation in officially recognized activities and sports, the weight and height of members of athletic teams, dates of attendance, degrees or awards received by students, and photographs. Directory information may not include the student’s social security number.

Correction of Education Records

The procedures for the amendment of records that a parent or eligible student believes to be inaccurate are as follows.

1. Parents or the eligible student must request in writing that Bath County Public Schools amend a record. In so doing, they should identify the part of the record they want changed and specify why they believe it is inaccurate, misleading or in violation of the student’s privacy or other rights.

2. Bath County Public Schools shall decide whether to amend the record in accordance with the request within a reasonable period of time. If it decides not to comply, the school division shall notify the parents or eligible student of the decision and advise them of their right to a hearing to challenge the information believed to be inaccurate, misleading or in violation of the student’s rights.
3. Upon request, Bath County Public Schools shall arrange for a hearing, and notify the parents or eligible student, reasonably in advance, of the date, place and time of the hearing. The hearing shall be held within a reasonable period of time after the request.
4. The parent or eligible student may, at his or her own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.
5. The hearing shall be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the school division. The parents or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records in accordance with FERPA.
6. Bath County Public Schools shall prepare a written decision which will include a summary of the evidence presented and the reasons for the decision within a reasonable period of time after the hearing. The decision will be based solely on the evidence presented at the hearing.
7. If Bath County Public Schools decides that the information is inaccurate, misleading or in violation of the student’s right of privacy, it shall amend (including expungement) the record and notify the parents or eligible student, in writing, that the record has been amended.
8. If Bath County Public Schools decides that the challenged information is not inaccurate, misleading or in violation of the student’s right of privacy, it will notify the parents or eligible student that they have a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision. The statement will be maintained as part of the student’s education records as long as the contested portion is maintained and disclosed whenever the school division discloses the portion of the record to which the statement relates.

9.

Confidentiality of HIV and Drug and Alcohol Treatment Records

The Bath County Public Schools complies with the confidentiality requirements of Va. Code § 32.1-36.1 providing for the confidentiality of records related to any test for Human Immunodeficiency Virus (HIV). In addition, the school division maintains confidentiality of drug and alcohol treatment records as required by federal and state law.

Adopted: March 26, 2002
Revised: August 5, 2003; May 2, 1006; September 5, 2006; June 26, 2007; June 24, 2008;
April 9, 2009; June 1, 2010; February 7, 2012, December 3, 2013; June 3, 2014;
December 2, 2014; June 2, 2015; June 27, 2016; April 4, 2017; June 28, 2018

Legal Refs.: 18 U.S.C. §§ 2331, 2332b.
20 U.S.C. §§1232g, 7908.
42 U.S.C. § 290dd-2.

34 C.F.R. 99.3, 99.7, 99.10, 99.20, 99.21, 99.22, 99.31, 99.32, 99.33, 99.34, 99.35,
99.36, 99.37.

Code of Virginia, 1950, as amended, §§ 2.2-3704, 2.2-3705.4, 2.2-3804, 16.1-260,
16.1-305.1, 16.1-305.2, 22.1-254.1, 22.1-287, 22.1-287.01, 22.1-287.02, 22.1-
287.1, 22.1-288, 22.1-288.1, 22.1-288.2, 22.1-289, 23.1-405, 32.1-36.1.

Cross Refs.: IJ Guidance and Counseling Program JEC School Admission
JEC-R School Admission
JECA Admission of Homeless Children
JFC Student Conduct
JGDA Disciplining Students with Disabilities
JGD/JGE Student Suspension/Expulsion
JHCB Student Immunizations
JHCD Administering Medicines to Students
JOA Student Transcripts
JRCA School Service Providers’ Use of Student Personal Information
KBA-R Requests for Information
KBC Media Relations
KNB Reports of Missing Children
KP Parental Rights and Responsibilities
LBD Home Instruction
LEB Advanced/Alternative Courses for Credit

ADMINISTRATION OF SURVEYS AND QUESTIONNAIRES

I. Instructional Materials and Surveys

A. Inspection of Instructional Materials

All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used as part of the educational curriculum for a student or which will be used in connection with any survey, analysis, or evaluation as part of any federally funded program shall be available for inspection by the parents or guardians of the student in accordance with Policy KBA Requests for Information.

B. Participation in Surveys and Evaluations

No student shall be required, as part of any federally funded program, to submit to a survey, analysis, or evaluation that reveals information concerning
(1) political affiliations or beliefs of the student or the student’s parent,
(2) mental or psychological problems of the student or the student’s family,
(3) sex behavior or attitudes,
(4) illegal, anti-social, self-incriminating, or demeaning behavior,
(5) critical appraisals of other individuals with whom respondents have close family relationships,
(6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers,
(7) religious practices, affiliations, or beliefs of the student or student’s parent, or
(8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program), without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent.

C. Surveys Requesting Sexual Information

In any case in which a questionnaire or survey requesting that students provide sexual information, mental health information, medical information, information on student health risk behaviors pursuant to Va. Code § 32.1-73.8, other information on controlled substance use, or any other information that the School Board deems to be sensitive in nature is to be administered, the School Board shall notify the parent concerning the administration of such questionnaire or survey in writing at least 30 days prior to its administration. The notice will inform the parent of the nature and types of questions included in the questionnaire or survey, the purposes and age-appropriateness of the questionnaire or survey, how information collected by the questionnaire or survey will be used, who will have access to such information, the steps that will be taken to protect student privacy, and whether and how any findings or results will be disclosed. In any case in which a questionnaire or survey is required by state law or is requested by a state agency, the relevant state agency shall provide the School Board with all

information required to be included in the notice to parents. The parent has the right to review the questionnaire or survey in a manner mutually agreed upon by the school and the parent and exempt the parent’s child from participating in the questionnaire or survey. Unless required by federal or state law or regulation, school personnel administering any such questionnaire or survey shall not disclose personally identifiable information.

No questionnaire or survey requesting that students provide sexual information shall be administered to any student in kindergarten through grade six.

D. Additional Protections

A parent or emancipated student may, upon request, inspect any instructional material used as part of the educational curriculum of the student and any survey created by a third party before the survey is administered or distributed to a student. Any inspection shall be in accordance with Policy KBA Requests for Information.

In addition, in the event of the administration or distribution of a survey containing one or more of the subjects listed in subsection I.B. above, the privacy of students to whom the survey is administered will be protected by:
1) Anonymity of survey/questionnaire respondents;
2) Immediate return of response sheets to survey questionnaire administrator;
3) Immediate processing/tabulation by designated person(s);
4) Protection from casual observance by anyone other than the survey/questionnaire administrator.

II. Physical Examinations and Screenings

If the Bath County School Division administers any physical examinations or screenings other than
• those required by Virginia law, and
• surveys administered to a student in accordance with the Individuals with Disabilities Education Act,
policies regarding those examinations or screenings will be developed and adopted in consultation with parents.

III. Commercial Use of Information

Questionnaires and surveys shall not be administered to public school students during the regular school day or at school-sponsored events without written, informed parental consent when participation in such questionnaire or survey may subsequently result in the sale for commercial purposes of personal information regarding the individual student.

This subsection does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following:
• college or other postsecondary education recruitment, or military recruitment;
• book clubs, magazines, and programs providing access to low-cost literary products;
• curriculum and instructional materials used by elementary schools and secondary schools;
• tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments;
• the sale by students of products or services to raise funds for school-related or education-related activities; and
• student recognition programs.

IV. Notification Notification of Policies
The Board shall provide notice of this policy directly to parents of students annually at the beginning of the school year and within a reasonable period of time after any substantive change in the policy. The Board will also offer an opportunity for the parent (or emancipated student) to opt the student out of participation in
• activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose);
• the administration of any survey containing one or more items listed in subsection
I.B. above; or
• any nonemergency, invasive physical examination or screening that is
• required as a condition of attendance;
• administered by the school and scheduled by the school in advance; and
• not necessary to protect the immediate health and safety of the student, or of other students.

Notification of Specific Events

The Board will directly notify the parent of a student, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when the following activities are scheduled, or expected to be scheduled:

• activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose);
• the administration of any survey containing one or more items listed in subsection
I.B. above; or
• any nonemergency, invasive physical examination or screening that is
• required as a condition of attendance;
• administered by the school and scheduled by the school in advance; and
• not necessary to protect the immediate health and safety of the student, or of other students.

V. Definitions

Instructional material: the term “instructional material” means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.

Invasive physical examination: the term “invasive physical examination” means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.

Parent: the term “parent” includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child).

Personal information: the term “personal information” means individually identifiable information including
• a student or parent’s first and last name;
• a home or other physical address (including street name and the name of the city or town);
• a telephone number; or
• a Social Security identification number.
Survey: the term “survey” includes an evaluation. Adopted: June 28, 2002
Revised: June 3, 2003; May 2, 2006; September 5, 2006; June 23, 2011; December 2, 2014;
June 2, 2015

Legal Refs.: 20 U.S.C. § 1232h.
Code of Virginia, 1950, as amended, § 22.1-79.3.

Cross Refs.: JHDA Human Research
KBA Requests for Information
KF Distribution of Information/Materials

SEX OFFENDER REGISTRY NOTIFICATION

The Bath County school division recognizes the danger sex offenders pose to student safety. Therefore, to protect students while they travel to and from school, attend school or are at school-related activities, each school in the Bath County school division shall request electronic notification of the registration or reregistration of any sex offender in the same or contiguous zip codes as the school. Such requests and notifications shall be made according to the procedure established by the Virginia Department of State Police (State Police).

Annual Notification

At the beginning of each school year, the Bath County school division shall notify parents and employees of this policy. The school board will also annually notify the parent of each student enrolled in the school division of the availability of information in the Sex Offender and Crimes Against Minors Registry and the location of the Internet website.

Dissemination of Sex Offender Registry Information

Sex offender registry information should be provided to employees who are most likely to observe unauthorized persons on or near school property including but not limited to:

• school bus drivers
• employees responsible for visitor registration
• employees responsible for bus duty
• security staff
• coaches
• playground supervisors, and
• maintenance personnel.

When registry information is disseminated, it shall include a notice that such information should not be shared with others and may only be used for the purposes discussed below. Employees who share registry information with others may be disciplined.

The Bath County school division recognizes that it is the responsibility of local law enforcement to notify the community of potential public danger. Therefore, the division will not disseminate registry information to parents.

Use of Sex Offender Registry Information

Registry information shall only be used for the purposes of the administration of law- enforcement, screening current or prospective school division employees or volunteers and for the protection of school division students and employees. Registry information shall not be used to intimidate or harass others.

1. Registered Sex Offender Sighted. If a notified employee sees a registered sex offender on or near school property, around any school division student, or attending any school division activity, the Superintendent or his designee shall be notified

immediately. The Superintendent or his designee may, in his or her discretion, notify local law-enforcement.

2. School Volunteers and Student Teachers. Each staff member shall submit to the Principal the name and address of each volunteer the staff member proposes to use as soon as the person is identified. The Principal shall screen each student teacher and volunteer’s name and address against the registry information. If a match is found, the Principal shall notify the Superintendent, who shall confirm the match. If the match is confirmed, the Superintendent shall inform the individual, in writing, that he or she may not serve as a volunteer or student teacher. The notice shall provide the reason with reference to this policy. The Superintendent shall provide a copy of the notice to the Principal and staff member.

3. Contractors’ Employees. In addition to ensuring that the certification requirements of Policy DJF Purchasing Procedures are met, the Superintendent shall include the following language in all Division contracts that may involve an employee of the contractor having any contact with a student:

The contractor shall not send any employee or agent who is a registered sex offender to any school building or school property. Monthly, the contractor shall check the registry to determine if any employee is registered.
4. School Division Employees. Each time sex offender registry information is received, the principal shall review it to determine if a school division employee is registered. If a match is found, the Superintendent shall confirm or disprove the match with local law enforcement. If the match is confirmed, the Superintendent shall notify the School Board. The School Board will take the appropriate action to comply with state law which may include termination of employment.
5. Applicants for Employment. Before hiring any person, the Superintendent shall determine whether the prospective employee is a registered sex offender. If the prospective employee is a registered sex offender, he or she shall not be hired by the division.
6. Parents of Students and other Visitors.

Persons who have been convicted of a sexually violent offense, as defined in Va. Code § 9.1-902, may be present at school during school hours or during school related or school sponsored activities, on any school bus, or on any property, public or private, when such property is solely being used by an elementary or secondary school for a school-related or school-sponsored activity only as provided in Policy KNA Violent Sex Offenders on School property.

When the school division learns that a parent of an enrolled student is a registered sex offender, other than a violent sex offender, the parent will be notified in writing that he or she is barred from being present at school or at school functions without the express written approval of the student’s principal. Such approval must be obtained in advance of the proposed visit and will state the conditions under which

the parent may be present. When a parent who is a registered sex offender is permitted at school or at school functions he or she will be monitored to ensure that he or she does not come into contact with any children other than his or her own children. Principals will consider requests from registered sex offenders in accordance with procedures prescribed by the superintendent.

When the school division learns that any person other than the parent of an enrolled student who is a registered sex offender, other than a violent sex offender, seeks to be present at school or at school functions, he or she will be notified in writing that he or she is barred from being present at school or school functions without the express written approval of the principal of the school the person seeks to visit or which sponsors the event the person seeks to attend. Such approval must be obtained in advance of the proposed visit and, if obtained, will state the conditions under which the person may be present. One of the conditions will be that the person will be monitored to ensure the safety of students, staff, and others. Principals will consider requests from registered sex offenders in accordance with procedures prescribed by the superintendent.

7. Precautions to Protect Students. When the Superintendent determines it is necessary, because of the presence of a registered sex offender, alternative arrangements may be made for bus and walking routes to and from school, recess and physical education periods, or any other activity in order to protect division students.

Requests for Registry Information

Anyone requesting registry information from the school division shall be referred to the State Police.

Adopted: May 1998
Revised: April 6, 2004; September 5, 2006; June 26, 2007; June 24, 2008; December 1, 2009;
October 5, 2010; June 23, 2011

Legal Ref: Code of Virginia, 1950, as amended, §§ 22.1-79, 22.1-79.3, 9.1-914, 9.1-918,
18.2-370.5, and 19.2-390.1.

Commonwealth v. Doe, 278 Va. 223 (Va. 2009).

Cross Ref: BBA School Board Powers and Duties DJF Purchasing Procedures
KK School Visitors
KNA Violent Sex Offenders on School Property KNAJ Relations with Law Enforcement Authorities

PARENTAL RIGHTS AND RESPONSIBILITIES

A. When parents of a student are estranged, separated, or divorced, all personnel will respect the parental rights of both parents. Unless there is a court order to the contrary, both parents have the right to

1. view the child’s school records, in accordance with Policy JO Student Records;

2. receive school progress reports, the school calendar, and notices of major school events;

3. visit the school in accordance with Policies KK School Visitors, KN Sex Offender Registry Notification, and KNA Violent Sex Offenders on School Property;

4. participate in parent-teacher conferences; in the case of the noncustodial parent, after a timely request is made;

5. receive all notifications in accordance with the Individuals with Disabilities Education Act; and

6. receive notice of the student’s extended absence, as defined in and pursuant to Policy JED Student Absences/Excuses/Dismissals, if both parents have joint physical custody.

B. Parent Responsibilities

The custodial parent has the responsibility to

1. keep the school office informed of his address and how he or she may be contacted at all times;

2. provide the current address and phone number of the noncustodial parent at registration unless such address is unknown and the parent signs a statement to that effect, or unless a court order restricts the educational or contact rights of the noncustodial parent; and

3. provide a copy of any legal document which restricts the educational and/or contact rights of the noncustodial parent.

The noncustodial parent has the responsibility to keep the school office apprised of changes in his or her current phone number and address. Further, the noncustodial parent may make timely requests to participate in parent-teacher conferences. At the request of a noncustodial parent, such parent will be included as an emergency contact for the student’s activities unless a court order has been issued to the contrary.

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Adopted: June 29, 2001
Revised: April 1, 2003; June 23, 2005; April 3, 2012

Legal Refs: 20 U.S.C. §1232g.

34 C.F.R. § 99.4.

Code of Virginia, 1950, as amended, §§ 22.1-4.3, 22.1-78, 22.1-287.

Cross Refs: JED Student Absences/Excuses/Dismissals JO Student Records
KK School Visitors
KN Sex Offender Registry Notification
KNA Violent Sex Offenders on School Property

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