Student and Parent Rights and Responsibilities
Introduction
In any organized society, appropriate rules and regulations must be set forth if the society is to function properly. Even in the best-organized societies, disputes are bound to arise. When they do, if that society is to remain orderly, some agent or agency must be responsible for settlement of the disagreement. In the case of the school community, these agencies are the board of trustees, superintendent, principals and their delegates, as authorized by the state legislature.
The philosophy of Dorchester School District Two presupposes that most disciplinary problems will be handled among teachers, student, and parent or guardian in a calm, reasonable manner. This philosophy assumes that effective discipline leads to increased maturity and desirable behavior on the part of the student. It is the intent of this school system that every effort be taken on the part of each school to work constructively with the student in such a manner that they be allowed to attain their educational goals without interruption. It is understood that unless the student's behavior falls within one of the mandatory recommendations for expulsion, all resources at the school level will be exhausted prior to a recommendation for expulsion. To this end it shall be a policy, where possible, to refer students exhibiting behavioral difficulties to the school counselor. The counselor will be available to work with school personnel, the student, and the student's family in an effort to resolve the problem and hopefully avoid the necessity of suspensions or expulsions. When possible, any student re-admitted to school after suspension or a referral for expulsion shall be referred to the counselor so that the counselor may review the student's educational program and help re-orient the student to the school situation.
There are problems, however, which because of their nature affect the learning opportunities, health, and safety of other children or the successful administration of the school system, necessitating rapid deterrent action on the part of the administration.
School boards are delegated the authority to make rules and policies governing the conduct of students in school and may in turn delegate this authority to the superintendent and other proper personnel. In this document we are attempting to communicate clearly to all concerned the policies on conduct and to stipulate due process procedures, which may be used by the students and/or parent or guardian to appeal administrative decisions or express grievances.
Parents of Dorchester School District Two students have the right to have access to and to release information from their child's record, to challenge the contents of the record, and to obtain a copy of the record.
Most Requested Policies
- Authority of the Board of Trustees*
- Application of Code
- Breaches of Conduct
- Code of Conduct
- Extenuating, mitigating or aggravating circumstances
- Misuse of District Technology
- Discipline of Students with Special Needs
Authority of the Board of Trustees*
The Board of Trustees of the Dorchester School District Two is required by State Statute to make and adopt rules setting forth standards of scholastic achievement and standards of conduct and behavior that must be met by all pupils as a condition to the right of such pupils to attend schools in this district. The rules shall take into account the necessity of proper conduct on the part of all pupils and the necessity for scholastic progress in order that the welfare of the greatest number of pupils shall be promoted, even though such rules may result in the ineligibility of pupils who fail to observe the required standards and may require the suspension or permanent dismissal of such pupils.
* 59-63-10 Code of Laws of South Carolina 1976
Application of Code
The following regulations concerning standards of conduct and behavior will apply to every student of Dorchester School District Two. They will apply to every school where he/she is enrolled, while present at any other school in Dorchester School District Two, while on school buses, and while present at any school-sponsored activity, on or off the school campus. The summary of regulations included in this handbook is based on School Board Policies which can be accessed on the district website, do.ddtwo.org, or at your student's school. Board policies are subject to change during the school year and those changes will also be posted on the district website. The School Board Policies will supersede any summary of regulations included in this handbook.
Breaches of Conduct
It is recognized that students in school must conduct themselves in such manner as to maintain a climate in which learning can take place. It is believed that most students want to conduct themselves in a manner that fosters this desirable climate and that they will progress toward mature behavior and self-discipline if they are in an environment that nurtures personal responsibility. Since it is necessary for the rules to be established, students are to be informed of the rules and actions leading to disciplinary action. Administrative authority will be used to enforce rules when it becomes necessary. Individual rights should always be respected.
Code of Conduct
The district has an established Code of Conduct which is intended to achieve and maintain order in the schools. Failure to abide by the established Code of Conduct may result in disciplinary consequences as determined by the administration and in accordance with Board Policy and state, local, and federal laws. The Student Code of Conduct and other policies reflecting behavior expectations can be viewed on the district's website Board Policy Page or at your student's school.
Extenuating, mitigating or aggravating circumstances
Misuse of District Technology
Discipline of Students with Special Needs
The focus regarding discipline issues in Dorchester School District Two (DD2) should always be on prevention of future occurrences of behavior problems. This proactive approach includes the use of school wide multi-tiered systems of positive behavior supports. Disciplinary actions for code of conduct violations are necessary, however, especially in the areas related to weapons, drugs, serious bodily injury, and behaviors substantially likely to result in injury to the student or others. In regard to students with disabilities, the laws provide additional safeguards to ensure due process rights are afforded to this population of students. DD2 may use in-school or out-of-school suspension as long as this does not constitute a change in placement. A student with a disability who violates a code of conduct can be removed from his/her current placement for not more than 10 consecutive school days (to the extent that those alternatives are applied to students without disabilities), and for incidents of misconduct, as long as those removals do not constitute a change of placement or total more than 30 days as reflected in state law.
Student Conduct on the School Bus
The student school day begins as students board the buses. With the safety of all students in mind, it is imperative that students and parents understand and observe the following concepts and safety rules.
Riding the school bus is a privilege. School buses are considered extensions of the classroom, and student behavior on buses is required to mirror behavior standards for the classroom. The Student Code of Conduct is in effect while aboard school buses. State law requires all passengers to obey bus driver instructions and requires bus drivers to report misconduct to school administrators. Repeated Code of Conduct violations, violation of the safety rules below or disobeying driver instructions will result in suspension or revocation of bus privileges. State law empowers the driver to implement rules, in addition to those specified by laws and regulations, if he/she deems in the interest of enhanced safety of all students. Parents/guardians please share these rules and the consequences for breaking them with your student.
- School Bus Assignment and Bus Stop Safety Rules
- Safety Rules While on the School Bus
- Misconduct on the school bus—procedures and consequences
School Bus Assignment and Bus Stop Safety Rules
- South Carolina law, Section 59-67-415, states parents or guardians are responsible for the safety, conduct, and the timely arrival of their children to, from, and at the designated school bus stop. This applies to the time before the school bus arrives to pick up students for delivery to school and after the school bus departs the designated school bus stop after student drop off.
- Students may only ride the bus to which they are assigned (based on the location of their residence or alternative pickup/delivery location).
- Students may not use buses or bus stops other than those assigned to them without written permission by parents/guardians to the school and without approval of the Principal and Transportation Department. An Official Bus Rider Verification Form is required for deviations from the closest bus stop.
- Students must be at the designated school bus stop when the bus arrives. Buses may only wait momentarily for students. Being tardy delays hundreds of other students. Buses will not return to the stop for students who miss the bus.
- Students should stand away from the roadway and clear of traffic at bus stops. Students must not stand or play in the roadway. Horseplay at bus stops is forbidden and students must respect the property of others.
- Students should not run toward the bus when the bus is moving. Wait until it comes to a complete stop and then walk to the bus entry door when directed by the driver.
- Students should stand no closer than 15 feet from the bus and wait until the driver opens the door before moving toward the bus. If necessary to cross a roadway to board the bus, students must wait on the sidewalk or side of the road until the bus driver directs them to cross. Watch for the driver's hand signals. Cross in front of the stopped bus and walk, not run. Do not walk behind a school bus; the driver can't see you.
- Students riding a bus home after school must move quickly to the bus after school is dismissed. When a school administrator signals the buses to depart and the bus doors close, no additional student loading is permitted. Buses will not return to schools for students who miss the bus.
- Students must remain seated until the bus comes to a complete stop and the bus driver directs students to exit the bus. Never attempt to leave the seat before the bus comes to a full stop and the driver indicates it is safe to depart.
- Students should exit the bus in an orderly manner.
- Do not loiter or play around a stopped or parked bus.
- Do not enter restricted areas or school grounds set aside for bus parking or loading.
- After departing the bus, if they must cross the roadway, students must wait beyond the front crossing gate off the road until the bus driver or school bus patrol directs them to cross.
Note to Parents and guardians: DO NOT attempt to board the bus for any reason. State law prohibits this in Section 59-67- 245, Interference with the Operation of a School Bus. Violation will result in warrant for arrest of the offender.
Safety Rules While on the School Bus
- Go to the assigned seat and remain properly seated while the bus is in motion.
- Students must sit facing forward with feet on floor, book bags on lap; legs must be out of the bus aisle.
- Never extend arms, legs, or head out of the bus doors or windows.
- Students should not talk to the driver while the bus is in motion, except in an emergency.
- Quiet conversation is normally allowed, however students may not shout or talk loudly. Bus drivers may forbid talking when it creates unsafe conditions such as students being unable to hear safety instructions.
- Federal law requires students to be quiet when the school bus stops at railroad crossings.
- No eating on the bus. No drinking on the bus except water when authorized by the driver.
- Use of mobile phones or electronic devices with ear buds is permitted in accordance with SC Department of Education policy and at the discretion of the driver. If they are played without ear buds or become a distraction, the driver is authorized to disallow further use.
- Hoods are not permitted to be worn on the school bus unless the bus driver allows it in extraordinarily cold conditions.
- Never tamper with the emergency door or any other bus equipment.
- Do not damage, mark on, or deface the bus. Seat coverings must not be damaged in any manner. Students should report any bus or seat damage to the bus driver as soon as possible. If a student is found to have damaged a school bus, the student will be charged the assessed repair rate set by the State Department of Education as restitution. The student responsible for the damage will be suspended from riding the bus until restitution is made in full. Suspension will remain in place until receipt of restitution regardless of school year; that is, suspension will continue into the following school year and beyond until restitution is paid in full
- Only the driver or other authorized person should remove first aid equipment for emergency treatment only.
- Do not tamper with the fire extinguisher. Only the driver should use it for an emergency.
- Do not throw objects from the bus windows.
- Federal law prohibits transporting any item on a school bus that cannot be safely secured in the student's lap. This includes band instruments, lunch boxes, science projects, sports equipment and fund-raising items. Band instruments must fit on the student's lap. See expanded explanation on the Transportation webpage.
- Students may not bring animals or insects on school buses. Any item forbidden at school is also forbidden on school buses.
- Keep all pencils, school supplies, and personal items inside your backpack or book bag.
- All items brought on the bus must be secured in the student's lap for the entire trip. Sporting equipment (balls, rackets, bats, etc.) and any item with wheels (roller skates, skateboards, etc.) must be completely enclosed in a case or bag and must also be held in the student's lap. No item may be placed in the aisle, under a seat, in another seat, or on the engine compartment cover.
- In accordance with South Carolina law, students misbehaving on the school bus shall be referred to the school's principal for appropriate disciplinary action.
Misconduct on the school bus—procedures and consequences
Drivers will work directly with students to correct misconduct. When attempted correction does not remedy the situation the driver is required by South Carolina law to report non-compliance with his/her lawful instructions and/or misconduct on the bus to the school principal. The driver will complete a bus conduct report, also known as a referral or write up. Buses are equipped with video surveillance equipment to assist principals in addressing student conduct issues. Bus riders will be denied bus privileges if their behavior is unacceptable or infringes on the rights of other bus riders. It will be the responsibility of the parent or guardian to provide transportation to school during the suspension period. School administrators will use the Discipline Matrix to address referrals for misconduct on the bus.
Students who attempt to board the bus while their privileges have been suspended or revoked, or adults who attempt to board or interfere with the operation of the bus, may be prosecuted under applicable South Carolina law.
*** Please note, fighting on the school bus is severe misconduct that endangers not only every student on the bus, but endangers the lives of the bus driver and other drivers sharing the road. Therefore, any instance of fighting may be grounds for immediate and/or permanent suspension of bus privileges, regardless of any other infractions accumulated during the year.
Please also note, students and parents should not attempt to discuss school bus rule violations or disciplinary measures with the school bus driver at a bus stop. This delays school bus operations and exposes students and parents to additional hazards along the roads we share with the citizenry.
Dorchester School District Two’s Board of Trustees has authorized the use of video cameras on school district buses. The district will use video cameras to monitor student behavior in order to maintain a safe environment. Students and parents are hereby notified that the content of the videos may be used in a student disciplinary proceeding. The content of the videos is a confidential student record. The district will retain the videos with other student records only if necessary for use in a student disciplinary proceeding or other matter as determined by the administration. Parents may request to view video of their child if the district uses the video in a disciplinary proceeding involving their child.
- Use of Personal Electronic Devices in School
- Student Dress Code
- Safe Schools Act
- Sexual Harassment/Assault
- Harassment, Intimidation, or Bullying
- Tobacco, Drug, and Alcohol Use by Students
- Student Searches
- Student Concerns, Complaints, and Grievance
- Attendance
- Seat Time Requirements for High School Credit Courses
- Attendance Waiver Options
Use of Personal Electronic Devices in School
The District has established rules and regulations regarding the use of personal electronic devices including but not limited to cell phones and smart watches in order to ensure the learning environment remains free of distractions and to protect the privacy of students. Board Policy JICJ and JICJ-R which are located on the Board Policy Page or are available for viewing at your student’s school and the Student Device Handbook contains information regarding the use of personal devices. By sending a personal electronic device to school/school-sponsored events with your student you and your student consent that the District is not responsible for the loss or damage of any personal electronic device.
Should a student violate Board Policy JICJ and JICJ-R or school practices related to implementation of these policies, disciplinary consequences may be enforced. The DD2 Discipline Matrix will be used across grade levels; however, Principals reserve the right to enact additional disciplinary consequences should the personal electronic device be used in connection with recording, photographing, or posting information about staff or students; academic dishonesty; or bullying/harassment.
Student Dress Code
In order to provide an atmosphere that is conductive to learning, instills discipline, and avoids safety hazards, Dorchester School District Two has established a student dress code. The Dorchester School District Two Student Dress Code can be found in Board Policy JICA and JICA-R which are available for viewing here: boardpolicyonline.com/?b=dorchester or at your student’s school.
Safe Schools Act
It is a criminal offense to distribute a controlled substance while in/on or within a radius of one-half mile of the grounds of a public or private school. The penalty is a fine of $10,000 or imprisonment for up to ten (10) years or both. The penalty is greater if the substance involved is crack cocaine. The act also increases the penalty for carrying a weapon on school property to a fine of $1,000 and a prison term of one year. The act provides that it is unlawful for anyone to knowingly and willfully deliver or convey to a public official, teacher or principal by letter, document, etc. which contains a threat of death or bodily harm to that person or to a member of the person’s immediate family.
Sexual Harassment/Assault
The district is committed to maintaining a learning environment free from sexual discrimination and harassment/assault. In keeping with this commitment, the district will not tolerate sexual harassment of staff or students in the education program or any district activity by any person. Further the district will not tolerate retaliation against a person who has made a report or filed a complaint alleging sexual harassment or who has participated as a witness in a sexual harassment investigation. See Board Policies AC, GBAA, and JIAA for further information.
Harassment, Intimidation, or Bullying
The board prohibits acts of harassment, intimidation, hazing, or bullying of a student by students, staff and third parties
that repeatedly interfere with or disrupt a student’s ability to learn and the school’s responsibility to educate its students in a safe and orderly environment whether in a classroom, on school premises, on a school bus or other school-related vehicle, at an official school bus stop, at a school-sponsored activity or event whether or not it is held on school premises, or at another program or function where the school is responsible for the student.
Harassment, intimidation, hazing, or bullying is defined as a gesture, electronic communication, or a written, verbal, physical or sexual act reasonably perceived to have the effect of either of the following:
- harming a student physically or emotionally or damaging a student’s property, or placing a student in reasonable fear of personal harm or property damage
- insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school
Any student who feels he/she has been subjected to re-occurring harassment, intimidation, hazing, or bullying is encouraged to file a complaint in accordance with procedures established by the superintendent. Complaints will be investigated promptly, thoroughly and confidentially. All school employees are required to report alleged violations of this policy to the principal or his/her designee. Reports by students or employees may be made anonymously, but formal disciplinary action must not be based solely on the basis of an anonymous report.
The district prohibits retaliation or reprisal in any form against a student or employee who has filed a complaint or report of harassment, intimidation, hazing, or bullying. The district also prohibits any person from falsely accusing another as a means of harassment, intimidation or bullying.
The board expects students to conduct themselves in an orderly, courteous, dignified and respectful manner. Students and employees have a responsibility to know and respect the policies, rules and regulations of the school and district. Any student or employee who is found to have engaged in the prohibited actions as outlined in this policy will be subject to disciplinary action, up to and including expulsion in the case of a student or termination in the case of an employee.
Individuals may also be referred to law enforcement officials. The district will take all other appropriate steps to correct or rectify the situation.
Students, parents/legal guardians, teachers and staff members should be aware that the district may take disciplinary actions for conduct initiated and/or created off-campus involving the inappropriate use of the Internet or web-based resources if such conduct poses a threat or substantially interferes with or disrupts the work and discipline of the schools, including discipline for student harassment and bullying.
EXAMPLES OF PROHIBITED CONDUCT
The board requires its school administrators to develop and implement procedures that ensure both the appropriate consequences and remedial responses to a student or staff member who commits one or more acts of harassment, intimidation, hazing, or bullying.
CONSEQUENCES AND REMEDIAL MEASURES
Consequences and appropriate remedial actions for a student or staff member who commits one or more acts of harassment, intimidation, hazing, or bullying may range from positive behavioral interventions up to and including suspension or expulsion. Consequences for a student who commits an act of harassment, intimidation, hazing, or bullying will be varied and graded according to the nature of the behavior, the developmental age of the student and the student’s history of problem behaviors and performance and must be consistent with the board’s approved code of student conduct. Remedial measures will be designed to correct the problem behavior, prevent another occurrence of the problem and protect the victim of the act.
REPORTING
An aggrieved student is encouraged to inform the person engaging in bullying, harassment, hazing, or intimidation that such conduct is offensive and must stop. If the aggrieved student is not comfortable with direct communication, or if direct communication is unsuccessful, the aggrieved student should initiate the complaint procedures described in this administrative rule.
COMPLAINT PROCEDURES
The purpose of informal consultation is to clarify what constitutes bullying, harassment, hazing, or intimidation, to provide guidance and information on administrative procedures and to resolve inadvertent cases of harassment. A request for informal consultation should be directed to either the student’s principal, assistant principal or the assistant superintendent. The individual who receives the request for informal consultation must inform the complainant about the options available under this policy. Anyone else receiving a complaint should encourage the complainant(s) to request an informal consultation or should notify one of the designated individuals directly.
Contact with any of the designated individuals may conclude in one or more of the following options:
- Complainant decides that no bullying, harassment, hazing, or intimidation has occurred. In this case, no further action will be taken, and the consultation will remain reasonably private.
- Complainant decides that bullying, harassment, hazing, or intimidation has occurred and chooses to file a formal complaint for investigation. Documentation that the informal consultation has taken place should be made and kept and should include a written statement from the complainant and/or notes taken by the consultant. If such notes are kept, the complainant should be so advised and the notes should be reviewed by the complainant for accuracy. If the name of an accused is revealed during the informal consultation, the accused should be advised of the allegations.
FORMAL COMPLAINT
Filing a complaint
After completing the informal consultation step, a complainant and/or the complainant’s parent/legal guardian who wishes to file a formal complaint for investigation and possible action should do so with the assistance of the individual who conducted the informal consultation. The consultant will complete a bullying, harassment, hazing, or intimidation complaint form and refer the matter to the assistant superintendent or his/her designee, who will conduct an investigation. Once a formal complaint has been filed, it will proceed through all steps set forth below.
Investigation
The purpose of the investigation is to establish whether there is a reasonable basis for believing that the alleged violation of this policy has occurred. In conducting the investigation, the assistant superintendent or his/her designee will interview the complainant and the accused as well as other persons believed to have pertinent factual knowledge. While it may be necessary at times to reveal the name of the accused or the complainants, reasonable privacy will be maintained by all persons involved. Failure to maintain the privacy of the investigation could result in disciplinary action. The investigation will afford the accused a full opportunity to respond to the allegations. Within a reasonable period of time (normally 30 calendar days from the time the complaint was filed), the investigator will provide both the complainant and the accused with written notification that the investigation has been completed. The principal or assistant principal will be notified as to what further action, if any, will be taken.
Process of formal action
After receiving a written report of the findings of the investigation from the assistant superintendent or his/her designee, the principal of an accused student will initiate a consultation with the assistant superintendent. Based upon the report and consultation, the principal or the immediate supervisor will decide upon one of the following three possible courses of action.
- determination that the allegations are not warranted
- informal resolution as agreed upon by the parties
- corrective and disciplinary action as described below
Protection of complainant, witnesses and others
At the time the formal complaint is filed, the complainant and/or the complainant’s parent/legal guardian will be informed fully by the individual who conducted the informal consultation and/or the assistant superintendent of the steps which the investigation will follow, including the projected timetable for completion of the process.
Reasonable action will be taken to assure that the complainant and those giving statements on behalf of the complainant, or supporting the complainant in other ways, will suffer no retaliation as a result of their activities in regard to the process.
Steps to avoid retaliation may include, but are not limited to, the following.
- transfers of one or more of the parties to another class or setting
- arrangements that educational evaluations or decisions concerning the complainant and student witnesses be made by an appropriate individual other than the accused
Protection of the accused
At the time the investigation commences, the accused and the accused’s parent/legal guardian will be informed in writing by the assistant superintendent or his/her designee of the allegations, the identity of the complainant and the facts surrounding the allegations.
In the event the allegations are not substantiated, reasonable steps will be taken to so advise those involved in the investigation who had knowledge of the allegations and generally to restore the reputation of the accused if damaged by the proceeding.
A complainant found to have been intentionally dishonest in making the allegations or to have made them maliciously is subject to disciplinary action, including suspension and/or expulsion.
Disciplinary action
Any student who is found to have engaged in bullying, harassment, hazing, or intimidation of another student will be notified of the outcome of the investigation and will be subject to appropriate disciplinary action, which may include, but not be limited to, oral or written warnings, transfer, suspension or expulsion, subject to applicable procedural requirements, if any.
Remedial action
The complainant’s parent/legal guardian will be notified of the outcome of the investigation. If applicable, the complainant’s parent/legal guardian will also be notified of the specific remedy available to him/her and general category
of disciplinary action taken against the accused. Every reasonable effort will be made to ensure that the complainant is free from any further bullying, harassment, hazing, or intimidation. The individual who conducted the informal consultation will be responsible for counseling the complainant to ensure that he/she is comfortable with the resolution and for following up with the complainant at least once within three months of the resolution to ensure that the complainant has not been subjected to any further bullying, harassment, hazing, or intimidation. (Reference: Policy JICFAA and AR-JICFAA)
Tobacco, Drug, and Alcohol Use by Students
No student will use/possess or distribute any controlled or illegal substance on school grounds. Any student violating this
policy will be recommended to the district’s discipline hearing officer for disciplinary action.
No student, regardless of age, will possess, use, sell, purchase, barter, share, distribute or be under the influence of alcoholic beverages or other controlled substances in the following circumstances.
No student will use or have possession of any tobacco products, alternative nicotine products, or associated paraphernalia, to include but not limited to vaping devices, vape liquids, or liquid containers, other alternative tobacco products, and any other delivery method or device for prohibited substances. Such paraphernalia will be confiscated and destroyed.
- on school property (including buildings, grounds, vehicles)
- at any school-sponsored activity, function or event whether on or off school grounds (including any place where an interscholastic athletic contest is taking place)
- during any field trip
- during any trip or activity sponsored by the board or under the supervision of the board or its authorized agents
No student will aid, abet, assist or conceal the possession, consumption, purchase or distribution of any alcoholic beverage by any other student or students in any of the circumstances listed above.
No student will market or distribute any substance which is represented to be or is substantially similar in color, shape, size or markings of a controlled substance in any of the circumstances listed above. Look-alike substances or substances that mimic the effect of drugs will be treated as illegal substances. (Reference: Policy JICH and AR-JICH and IICG)
Dorchester Two Schools will DD2 Discipline Matrix for the possession and use of vape or e-cigarette devices at school. Note: THC vapes will follow the same consequences as drug infractions and will be referred to the hearing officer.
In all instances devices and smoking paraphernalia will be confiscated and destroyed. When it is determined that the device has been used to ingest an illegal or narcotic material further disciplinary and/or criminal action may ensue. Also, it is important to note that student athletes using electronic inhalants will be subject to immediate suspension as outlined in the Athletic Code of Conduct.
Student Searches
Student Concerns, Complaints, and Grievance
The district will resolve student complaints and grievances through orderly processes and at the lowest possible level.
Not all inappropriate behavior with race, color, national origin, sex or disability-related connotations constitutes unlawful harassment under federal law. In order to qualify as unlawful harassment under federal law and district policy, the behavior must be sufficiently severe, persistent or pervasive that it does one of the following:
- adversely affects a student’s education
- creates a hostile or abusive educational environment
A one-time incident must be severe to rise to the level of unlawful harassment.
Definition of Harassment
For purposes of this policy, harassment on the basis of race, color, national origin, sex or disability is defined as a gesture, electronic communication, or a written, verbal, physical or sexual act reasonably perceived to have the effect of either of the following:
- harming a student physically or emotionally or damaging a student’s property, or placing a student in reasonable fear of personal harm or property damage
- insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school
The board prohibits acts of harassment of a student on the basis of race, color, national origin, sex or disability by students, staff and third parties that repeatedly interfere with or disrupt a student’s ability to learn and the school’s responsibility to educate its students in a safe and orderly environment whether in a classroom, on school premises, on a school bus or other school-related vehicle, at an official school bus stop, at a school-sponsored activity or event whether or not it is held on school premises, or at another program or function where the school is responsible for the student.
District Contact for Complaints of Harassment
The district employee responsible for receiving and/or investigating reports of harassment on the basis of race, color, national origin, sex or disability is the assistant superintendent for administration and personnel. Contact may be made as follows:
Dorchester School District Two
Office of the Superintendent
Reporting
School personnel to include teachers, administrators and staff are required to report incidents of alleged student-on- student and staff-to-student harassment that they witness or of which they have received reports or information, whether such incidents are verbal or physical or amount to harassment in other forms.
An aggrieved student is encouraged to inform the person engaging in bullying, harassment or intimidation that such conduct is offensive and must stop. If the aggrieved student is not comfortable with direct communication, or if direct communication is unsuccessful, the aggrieved student should initiate the complaint procedures described in this administrative rule.
Complaint Procedures
The purpose of informal consultation is to clarify what constitutes harassment based on race, color, national origin, sex or disability to provide guidance and information on administrative procedures and to resolve inadvertent cases of harassment. A request for informal consultation should be directed to either the student’s principal, assistant principal or the assistant superintendent. The individual who receives the request for informal consultation must inform the complainant about the options available under this policy. Anyone else receiving a complaint should encourage the complainant(s) to request an informal consultation or should notify one of the designated individuals directly.
Contact with any of the designated individuals may conclude in one or more of the following options.
· Complainant decides that no harassment has occurred. In this case, no further action will be taken, and the consultation will remain reasonably private.
· Complainant decides that harassment has occurred and chooses to file a formal complaint for investigation. Documentation that the informal consultation has taken place should be made and kept and should include a written statement from the complainant and/or notes taken by the consultant. If such notes are kept, the complainant should be so advised, and the notes should be reviewed by the complainant for accuracy. If the name of an accused is revealed during the informal consultation, the accused should be advised of the allegations.
FORMAL COMPLAINT
Filing a complaint
After completing the informal consultation step, a complainant and/or the complainant’s parent/legal guardian who wishes to file a formal complaint for investigation and possible action should do so with the assistance of the individual who conducted the informal consultation. The consultant will complete a harassment complaint form and refer the matter to the assistant superintendent or his/her designee, who will conduct an investigation. Once a formal complaint has been filed, it will proceed through all steps set forth below.
Investigation
The purpose of the investigation is to establish whether there is a reasonable basis for believing that the alleged violation of this policy has occurred. In conducting the investigation, the assistant superintendent or his/her designee will interview the complainant and the accused as well as other persons believed to have pertinent factual knowledge. While it may be necessary at times to reveal the name of the accused or the complainant, reasonable privacy will be maintained by all persons involved. Failure to maintain the privacy of the investigation could result in disciplinary action. The investigation will afford the accused a full opportunity to respond to the allegations. Within a reasonable period of time (normally 30 calendar days from the time the complaint was filed), the investigator will provide both the complainant and the accused with written notification that the investigation has been completed. The principal or assistant principal will be notified as to what further action, if any, will be taken.
Process of formal action
After receiving a written report of the findings of the investigation from the assistant superintendent or his/her designee, the principal of an accused student will initiate a consultation with the assistant superintendent. Based upon the report and consultation, the principal or the immediate supervisor will decide upon one of the following possible courses of action.
- determination that the allegations are not warranted
- informal resolution as agreed upon by the parties
- corrective and disciplinary action as described below
Protection of complainant, witnesses and others
At the time the formal complaint is filed, the complainant and/or the complainant’s parent/legal guardian will be informed fully by the individual who conducted the informal consultation and/or the assistant superintendent of the steps which the investigation will follow, including the projected timetable for completion of the process.
Reasonable action will be taken to assure that the complainant and those giving statements on behalf of the complainant, or supporting the complainant in other ways, will suffer no retaliation as a result of their activities in regard to the process. Steps to avoid retaliation may include, but are not limited to, the following:
- transfer of one or more of the parties to another class or setting
- arrangements that educational evaluations or decisions concerning the complainant and student witnesses be made by an appropriate individual other than the accused
Protection of the accused
At the time the investigation commences, the accused and the accused’s parent/legal guardian will be informed in writing by the assistant superintendent or his/her designee of the allegations, the identity of the complainant and the facts surrounding the allegations.
In the event the allegations are not substantiated, reasonable steps will be taken to advise those involved in the investigation who had knowledge of the allegations and generally to restore the reputation of the accused if damaged by the proceeding.
A complainant found to have been intentionally dishonest in making the allegations or to have made them maliciously is subject to disciplinary action, including suspension and/or expulsion.
DISCIPLINARY ACTION
A student who is found to have engaged in harassment of another student will be notified of the outcome of the investigation and will be subject to appropriate disciplinary action, which may include, but not be limited to, oral or written warnings, transfer, suspension or expulsion, subject to applicable procedural requirements, if any.
REMEDIAL ACTION
The complainant’s parent or legal guardian will be notified of the outcome of the investigation. If applicable, the complainant’s parent/legal guardian will also be notified of the specific remedy available to him/her and general category of disciplinary action taken against the accused. Every reasonable effort will be made to ensure that the complainant is free from any further harassment. The individual who conducted the informal consultation will be responsible for counseling the complainant to ensure that he/she is comfortable with the resolution and for following up with the complainant at least once within three months of the resolution to ensure that the complainant has not been subjected to further harassment.
EDUCATION OF THE SCHOOL DISTRICT COMMUNITY
Principals and supervisors will also conduct a review of policy JII and this administrative rule for all students and staff members to provide orientation on the nature of harassment. With regard to students, such review and orientation will be taken into consideration and be appropriate to the age of the students.
Principals and supervisors will provide orientation for new students and employees at or near the beginning of their association with the district.
Near or at the beginning of each subsequent school year, principals and supervisors will provide for their students and faculty a review of policy JII and this administrative rule.
SCHOOL CONTACT FOR COMPLAINTS OF HARASSMENT
An administrator at each school site will be designated as the person to receive complaints of harassment based on race, color, national origin, sex or disability.
Attendance
Please carefully read the following information concerning South Carolina Attendance Laws and the Dorchester School District Two Guidelines for student attendance. The Dorchester School District Two Board believes that attendance is a key factor in student achievement, and any absence from school represents an educational loss to the student. However, the board also recognizes that some absences from school are unavoidable.
SOUTH CAROLINA STATE LAW (R 43-274) ATTENDANCE DEFINITIONS
CHRONIC ABSENTEEISM
As part of the implementation of the Every Student Succeeds Act, districts and schools are required to report to the South Carolina Department of Education the number of students who are chronically absent each year. According to the United States Department of Education’s Office of Civil Rights (OCR), an absent student is one who misses 50 % of the instructional day for any reason and regardless of whether the absence is excused or unexcused. In other words, students must attend class for at least half of the instructional day to be considered present for that day.
Using this definition, the OCR requires states to report the number of students in each district and school who are absent at least 10% of the time during which they are enrolled in a particular school or district. More specifically, students who are enrolled in the same school for an entire academic year and miss 18 or more days (10 %) will be considered chronically absent. The total number of chronically absent students will be included on district and school report cards and reported to the OCR.
TRUANT
A student ages 6 to 17 years of age meets the definition of truant when the student has three (3) consecutive unlawful/unexcused absences or a total of five (5) unlawful/unexcused absences.
HABITUAL TRUANT
A student ages 12 to 17 years of age meets the definition of a habitual truant when the student has reached the level of truant, fails to comply with the intervention plan developed by the school, student and parent/guardian, and accumulates two (2) or more additional unlawful/unexcused absences.
CHRONIC TRUANT
A student ages 12 to 17 years of age meets the definition of chronic truant when the student has reached the level of habitual truant, has been through the intervention process, has been referred to family court, placed on an order to attend school, and continues to accumulate additional unlawful/unexcused absences.
ATTENDANCE PROCEDURES
CHRONIC ABSENTEEISM PROCEDURE
At the beginning of each month, schools will compile a list of students who are considered chronically absent (any student who is absent a minimum of 10% of his/her enrollment period in the current school year for any reason (e.g. illness, suspension, excused or unexcused) is considered chronically absent). Letters will be sent to the parent/guardian notifying them as to the status of the student and explaining the importance of regular school attendance. An administrator may schedule an attendance conference with the parent/guardian when the student has been identified as chronically absent. Research shows that poor attendance can impact student performance. Students who miss too many days in kindergarten and first grade can have trouble mastering reading by the end of the third grade. Chronic absenteeism of middle and high school students is the leading warning indicator for predicting students who dropout.
TRUANT PROCEDURE
When a student is identified as truant (three (3) consecutive unlawful/unexcused absences or a total of five (5) unlawful/unexcused absences), an administrator will communicate with the student and parent/guardian to identify the reasons for the student’s absences. An attendance contract and intervention plan may be developed and signed to address and improve the student’s attendance in school.
HABITUAL TRUANT PROCEDURE
When a student is identified as habitual truant (fails to comply with the attendance contract and intervention plan and has accumulated two (2) or more additional unlawful/unexcused absences), the administrator may schedule an additional conference to address the continued attendance concerns. The school may also complete the Family Court Referral Packet for court action and send to the appropriate District Director.
CHRONIC TRUANT PROCEDURE
If all reasonable alternatives have been exhausted and a student is identified as chronic truant (has been through the intervention process, has been referred to Family Court, placed on an order to attend school, and continues to accumulate additional unlawful/unexcused absences), the school may file a contempt of court petition with Family Court. The student will appear in court for violating the previously issued court order to attend school.
REQUIRED EXCUSES
Within three (3) days after returning to school, the student must submit a written excuse explaining his/her absence. If applicable, the student may also submit an excuse from the doctor. If a student does not submit an excuse, his/her absence will be considered unlawful/unexcused.
The excuse should include the following information:
- Student’s Name
- Date the excuse was written
- Date(s) of the absence(s)
- Reason for the absence(s)
- Signature of the parent/legal guardian and telephone number
Lawful/Excused Absences
- The absence is caused by the student’s own illness and whose attendance in school would endanger his/her health or the health of others.
- The absence is due to an illness or death in the student’s immediate family.
- The absence is due to a recognized religious holiday of the student’s faith.
- The absence is due to school activities that are approved in advance by the principal.
Unlawful/Unexcused Absences
- The absence of the student without the knowledge of his/her parent/legal guardian.
- The absence of the student without acceptable cause with the knowledge of his/her parent/legal guardian.
Suspension(s)
- Suspension(s) are not to be counted as an unlawful/unexcused absence for truancy purposes.
Requirements to be Counted Present for the School Day
Students must attend school for 50% of the instructional day to be counted present.
EXPLANATION/CLARIFICATION
The South Carolina Department of Education (SCDE) states that a school year consists of 180 days of instruction. In Dorchester School District Two a day of instruction is 7 hours long. Students must be present for 3½ hours of instruction for the instructional day to count as one of the 180 days required by the SCDE. This includes “Early Release” days. An “Early Release” day only consists of 3¾ hours of instruction. Therefore, even on the “Early Release” days a student needs to be present for 3½ hours of instruction to be counted present for the instructional day.
Seat Time Requirements for High School Credit Courses
Students must meet academic and attendance requirements in order to receive Carnegie units of credit in high school courses. Absences are accrued per course. Excessive absences may result in credit denial and can affect a student’s promotion or retention status. Students with excessive absences, whether excused, unexcused or a combination thereof, are subject to failure due to absences. Students with excessive absences may make up work in addition to taking advantage of Seat Time Recovery (STR). Students may be denied credit for:
- Any absence in excess of 10 days for a course meeting 180 days (meets daily year-long),
- Any absence in excess of 5 days for a course meeting 90 days (semester block or year-long A/B), or
- Any absence in excess of 3 days for a course meeting 45 days (meets daily for a quarter).
Students may make-up missed class time by participating in Seat Time Recovery (STR). Students are expected to complete assignments during this time. If STR is not completed, then a grade of FA (Failure due to Absences) is assigned regardless of the grade in the course. It will carry no earned points; however, it will be factored into the student’s GPA as a 50. The student may need to retake the course to attempt and receive credit.
By law, all absences must be made up within 30 days of the course ending before credit can be given. Administration cannot complete required paperwork for obtaining a driver’s license unless the student is in compliance with the South Carolina Truancy Law. One (1) hour of STR = 1 class absence. STR requires prior registration and Administrator approval. Hours cannot be banked and transportation will not be provided. STR opportunities may be provided before school, after school, Saturdays, or virtually.
Attendance Waiver Options
Waiver Options
Field Trips - School sponsored field trips with documented attendance will satisfy the day’s instructional requirements.
College Visits - Juniors & Seniors are allowed up to three (3) college visits per semester. For credit, students must bring written proof of their visit to the institution on the college’s letterhead the day they return to school. Failure to do so will count as an Unexcused Absence and will count against your allotted absences per semester.
Extracurricular Activities - School sponsored extracurricular activities, to include athletics, fine arts, and school sponsored clubs that require a student to be out of class during a normal instructional day will count in an equivalent manner as a field trip. Check the school’s website for the STR schedule.
Student Disciplinary Procedures
State Law
STATE STATUTE 59-24-60 LAW ENFORCEMENT NOTIFICATION:
In addition to other provisions required by law or by regulation of the State Board of Education, school administrators must contact law enforcement authorities immediately upon notice that a person engaging or has engaged in activities on school property or at a school sanctioned or sponsored activity which may result or results in injury or serious threat of injury to the person or to another person or his property as defined in local board policy.
METHODS OF DISCIPLINE:
The Board of Trustees of Dorchester County School District Two affirms that every effort should be taken on the part of each school to work constructively with the student in such a manner that he be allowed to preserve uninterrupted his educational goals. Disciplinary measures should be used constructively when possible, punitively when necessary. The following modes of disciplinary action may be used by the district according to approved procedures: (1) Detention, (2) BIR/In-School Suspension, (3) Withholding of Privileges, (4) Disciplinary Probation, (5) Suspension, (6) Alternative School Placement, and (7) Expulsion. If parent or pupil refuses punishment under (1) detention or (2) BIR/In-School Suspension, the student will be suspended.
DETENTION
The term “detention” applies to keeping a student in detention during a non-academic portion of the school day or after the regular school day dismissal for a period of time not to exceed one (1) hour. Authority rests with the Principal or the Principal’s delegates.
Procedures: School authority should give parent or guardian notice at least the day before a student will be detained over fifteen (15) minutes or will miss his regular transportation. When a pupil is detained at school beyond normal dismissal time, appropriate consideration to factors of pupil transportation, traffic patterns, weather, and any other extenuating circumstances shall be given.
WITHDRAWAL OF PRIVILEGES
The term "withdrawal of privileges" as used in this code means the forfeiture of the student's right to participate in certain clubs, athletics, or other activities sponsored by the school. Authority rests with the principal or the principal's designee.
Procedures:
- Investigation and documentation of offense
- Formal notification to student, parent or guardian
- Written notice will be given to include the following: statement of breach of conduct, notice of what privilege will be withheld, length of time privilege will be withheld.
BEHAVIOR INTERVENTION ROOM (BIR)/IN-SCHOOL SUSPENSION
Elementary/Middle School Students (BIR) and High School Students (In-School Suspension) whose behavior is unacceptable may be removed from the regular instructional classroom and placed in a supervised setting for a school day or longer.
Authority rests with the principal or designee.
Procedures:
- Investigation and documentation of offense
- Conference with student
- Written notification to parent or guardian
- Immediate oral notification to parent or guardian if at all possible
- Written notice will be given to include the following: statement of breach of conduct, length of BIR and inclusive dates, time for parent conference
DISCIPLINARY PROBATION
A student who has been found to be in violation of the Student Code of Conduct may be placed on probation by the administrator.
School personnel must, however, follow the procedures outlined for short-term suspension, i.e., investigation, formal notice to student and parent, and opportunity for a parent conference. Disciplinary probation should be for a definite time period during which critical examination and evaluation of the student's progress should take place.
An administrator may place the student on probation. During the probation period, the student may be denied the privileges of participation in or attendance at all extracurricular activities. At the close of the probationary period, the individual case shall be reviewed, and the student may regain all privileges.
If the student is further involved in an infraction of school rules during the probationary period, he/she may be suspended or expelled.
SUSPENSION
The purpose of the suspension is to remove the student from the educational environment. The school will notify the parent that the child's behavior is unacceptable. The term "suspension" is used in this code to mean the temporary exclusion of a student from school grounds and participation in school-sponsored activities not to exceed ten days for a single offense or 30 days in any one school year. Days lost from school as a result of suspension are considered lawful and excused absences. Students are entitled to make up work missed during suspension. A student is under suspension from the time he/she is notified by the principal.
Procedures:
- Investigation and documentation of offense
- Conference with the student regarding the alleged incident
- Formal notification to student and parent or guardian
- Immediate oral notification to parent or guardian if at all possible
- Written notice will be given to include the following: statement of breach of conduct, length of suspension and inclusive dates, time for parent conference (within three days of suspension).
Results of Decision: Appeals will be allowed to the Superintendent’s designee from a suspension. A student shall not be suspended during the last ten days of school if the suspension will make the student ineligible to receive credit for the school year unless the presence of the student constitutes an actual threat to a class, or a school and a hearing is granted within 24 hours of suspension.
In lieu of out of school suspensions for students, the principal may offer to the parent/guardian of the student the following options:
Shared Responsibility
The parent or guardian shall attend school with the student for a number of days to be determined by the principal. The parent or guardian: a) will be required to attend all classes and periods with the student, including lunch; b) shall sit next to the student for the entire school day, and; c) shall agree that any further significant disciplinary problems shall result in recommendation for expulsion and/or placement in the alternative school.
The principal shall determine, upon request, if there are any extenuating circumstances that absolutely prevent at least one parent or guardian from attending class or any circumstance that would necessitate an alternative punitive action.
Economic hardship or loss of pay shall not be considered extenuating circumstances. In the event such extenuating circumstances (i.e., both parents in hospital) do exist, then out of school suspension will apply. Any parent or guardian who disrupts the classroom in any way shall be immediately removed from school and the student recommended for expulsion or alternative school.
ScIP
A student may be required to attend The School Intervention Program (‘ScIP’) which is intended to help students and their families identify and overcome situations leading to or underlying high risk behaviors.
EXPULSION
The term "expulsion" is used in this code to mean the forfeiture of a student's right to attend school in Dorchester School District Two. A student excluded from any district school shall be ineligible to attend any other school in the district. Any student expelled from any district in the state may not be eligible to attend any school in the district. Expelled pupils shall have the right to petition for re-admission for the succeeding school year.
Once the expulsion process is initiated and prior to the hearing before the District Hearing Officer, a student cannot withdraw from school and enter another public school to avoid expulsion. Authority to expel a student rests with Dorchester School District Two’s Board of Trustees.
Procedures:
- The principal shall investigate and document all charges.
- If the principal suspends a student with the intent to recommend expulsion, written notice will be given of the offense or offenses of which the student is accused, giving the time, place, and nature of each offense with sufficient specific facts to permit the student to understand the charges.
- A neutral hearing officer appointed by the Board of Trustees will hear the recommendation for expulsion. Should either party feel the student’s due process rights were violated, they may submit a request for an appeal hearing within 5 days. An appeal hearing officer will be assigned to review the decision. Should either party feel the student’s due process rights were violated at the appeal level, they may request an appeal to the Board of Trustees by making the request in writing within 5 days.
The principal will recommend expulsion and notify the District Hearing Officer. The principal will advise the parent or guardian of the time and place of the hearing.
REFERRAL TO ALTERNATIVE EDUCATION PROGRAM
A student in grades 6-12 who has been recommended for expulsion may be assigned to the alternative school as determined by the Hearing Officer.
Based on the circumstances and the evidence presented at the expulsion hearing, the District Hearing Officer will determine if placement at the Alternative School Program is an appropriate option.
Policies & Procedures
Board Policy Manual
The Board Policy Manual is reviewed periodically and updated to reflect the adoption of new federal and state laws and practices to support the successful operations of our schools. The Board Policy Manual is available for full review at ddtwo.org/board. Additionally, there are copies in every school media center and at the District Office for review.
Notifications relative to updates to existing policies and/or the creation of new policies which occur after the publishing of this handbook will be posted on the district website.
Instructional Resources & Materials
Protection of Pupil Rights Amendment (PPRA)
Dear Parent/Guardian:
This letter is to provide you with the required annual notification of your rights under the Protection of Pupil Rights Amendment (PPRA) and to offer you an opportunity to opt out of your child's participation in surveys that ask questions from any of PPRA's protected areas.
Parental inspection of certain materials
Parents of district students have the right to inspect all instructional materials including teacher's manuals, films, tapes or other supplementary materials which will be used in connection with any survey, analysis, or evaluation as part of any applicable program.
The district will make the materials available for inspection at appropriate locations.
The district will not require any student as part of any applicable program to submit to a survey, analysis, or evaluation that reveals information concerning items prohibited by law cited in the references below.
The district will give parents and students effective notice of their rights under the law.
Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)
PPRA affords parents certain rights regarding our conduct of surveys, collection, and use of information for marketing purposes, and certain physical exams. These include the right to:
Consent before students are required to submit to a survey that concerns one or more of the following protected areas ("protected information survey") if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED)-
- Political affiliations or beliefs of the student or student's parent;
- Mental or psychological problems of the student or student's family;
- Sex behavior of students;
- Illegal, anti-social, self-incriminating, or demeaning behavior;
- Critical appraisals of others with whom respondents have close family relationships;
- Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
- Religious practices, affiliations, or beliefs of the student or parents; or
- Income, other than as required by law to determine program eligibility.
Receive notice and opportunity to opt a student out of:
- Any other protected information survey, regardless of funding;
- Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
- Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.
Inspect, upon request and before administration or use:
- Protected information surveys of students;
- Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
- Instructional materials used as part of the educational curriculum.
These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.
Dorchester School District Two has adopted policies to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. Dorchester School District Two will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. Dorchester School District Two will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey. Dorchester School District Two will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement:
- Collection, disclosure, or use of personal information for marketing, sales or other distribution.
- Administration of any protected information survey not funded in whole or in part by ED.
- Any non-emergency, invasive physical examination or screening, as described above.
Parents who believe their rights have been violated may file a complaint with:
Family Policy Compliance OfficeU.S. Department of Education
400 Maryland Avenue, S.W., Washington, D.C. 20202-5901
If you have any questions or concerns regarding this letter of notification, please do not hesitate to contact my office at your earliest possible convenience.
Sincerely,
Chad Daugherty, Superintendent
Adopted 8/87; Revised 6/14/93, 07/24/06
Legal references:
20 U.S.C. Code, Section 1232h, as amended:
SEC.439.
(a) All instructional materials, including teacher's manuals, films, tapes, or other supplementary material which will be used in connection with any survey, analysis, or evaluation as part of any applicable program shall be available for inspection by the parents or guardians of the children.
(b) No student shall be required, as part of any applicable program, to submit to a survey, analysis or evaluation that reveals information concerning
- political affiliations;
- mental and psychological problems potentially embarrassing to the student or his family;
- sex behavior or attitudes;
- illegal, anti-social, self-incriminating and demeaning behavior;
- critical appraisals of other individuals with whom respondents have close family relationships;
- legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or
- 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) educational agencies and institutions shall give parents and students effective notice of their rights under this section
(D) The law also requires that parents or guardians be allowed to inspect any instructional materials (teacher's manuals, films, tapes, etc.) which will be used in connection with any survey, analysis or evaluation, whether or not it is one requiring prior parental consent. The PPRA requires schools receiving federal funds to establish policies, in consultation with parents, regarding (1) the right of parents to inspect surveys or instructional materials before they are distributed, (2) the administration of physical examinations or screenings of students, and (3) the collection or use of student personal information for the purpose of marketing or selling that information (except where collection is for the purpose of developing or providing educational product or services). Schools must provide parents with reasonable notice of the adoption and use of these policies.
(E) The PPRA also requires that schools notify parents at least annually at the beginning of the school year of the specific or approximate date that the following activities will take place:
- The collection, disclosure or use of personal information collected from students for the purpose of marketing or for selling that information.
- The administration of a survey for which parental consent is required;
- Any non-emergency, invasive physical examination that is required as a condition of attendance, administered by the school, and not required to protect the immediate health and safety of students.
- Parents and guardians also must be notified that they can opt their child out of participating in any of these activities.
The clear intent of this law is to give parents and guardians control over their children's participation in school-sponsored activities aimed at gathering information about the child or his family. Attempts to avoid these requirements by labeling the activity "curriculum" plainly undermines the purpose of protecting child and family privacy. Parents, guardians or students who believe their rights under the PPRA have been violated should contact The Rutherford Institute's Legal Hotline at legal@rutherford.org or call us at (434) 978-3888.
Additional information on the Protection of Pupil Rights Amendment is available from the U.S. Department of Education at https://studentprivacy.ed.gov/resources/protection-pupil-rights-amendment-ppra-general-guidance
- Important Parent and Student Forms
- Family Educational Rights and Privacy Act (FERPA)
- Notice to the Public
- Gavin’s Law Notification
Important Parent and Student Forms
Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (eligible students) certain rights with respect to the students' education records. These records include any records directly related to a student and maintained by the school district or a party acting for the school district. These rights are:
-
The right to inspect and review the student's education records within 45 days of the day the school receives a request for access.
Parents or eligible students should submit to the principal [or appropriate school official] a written request that identifies the record(s) they wish to inspect. The school official will make arrangements for access and notify the parent or eligible student of the time and place where they may inspect the records.
-
The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.
Parents or eligible students who wish to ask the school to amend a record should write the principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
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The right to privacy of personally identifiable information in the student's education records, except to the extent that FERPA authorizes disclosure without consent.
FERPA allows the district to disclose education records to school officials with legitimate educational interests without consent. A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the school has outsourced services or functions it would otherwise use its own employees to perform (such as an attorney, auditor, medical consultant, or therapist); a parent or student serving on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student's enrollment or transfer; accrediting organizations; to comply with a judicial order, lawfully issued subpoena, or a family court judge or duly authorized representative; appropriate parties in connection with financial aid; to appropriate parties in connection with an emergency to protect the health and safety of the student; and organizations conducting studies for the purpose of developing, validating, or administering predictive tests and improving instruction as long as students and/or their parents are not personally identified and the records are destroyed when no longer needed for the prescribed purpose.
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The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School to comply with the requirements of FERPA.
The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520
The district's Student Records Policy JRA and JRA-R Administrative Rule is available in the Board Policy Manual posted on the Dorchester District Two website.
Notice to the Public
In compliance with the Executive Order 11246: Title II of the Education Amendments of 1976; Title VI of the Civil Rights Act of 1964, as amended by the Equal Employment Act of 1972; Section 504 of the Rehabilitation Act of 1973; and all other Federal, State, School rules, laws, regulations, and policies, Dorchester School District Two shall not discriminate on the basis of sex, race, color, national origin, religion or handicap in the educational programs or activities which it operates.
It is the intent of Dorchester School District Two to comply with both the letter and spirit of the law in making certain discrimination does not exist in its policies, regulations and operations. Grievance procedures for Title IX and Section 504 have been established for students, their parents and employees who feel discrimination has been shown by the District.
Specific complaints of alleged discrimination under Section 504 (disability) and Title IX (sex) should be referred to:
Section 504:
Executive Director of Special Services815 South Main Street,
Summerville, SC 29483
(843) 875-4161
Title IX:
Executive Director of Personnel815 South Main Street
Summerville, SC 29483
(843) 873-2901
Title IX complaints can also be filed with the Office of Civil Rights.
Regional Office for Civil Rights, Region IV101 Marietta Street, 27th Floor
Atlanta, Georgia 30323
(404) 221-2254
All students attending Dorchester School District Two may participate in educational programs and activities, including but not limited to health education, physical education, music education and vocational education, (homemaking and consumer education, trades and industrial education, business and office education, etc.), regardless of race, color, national origin, religion, age, handicap or sex.
Confidentiality Consent
When the school district responds to a federal grand jury or other subpoena issued for a law enforcement purpose, there is no obligation to notify the parents if the court or agency issuing the subpoena orders the school district not to disclose the existence or contents of the subpoena or the records disclosed pursuant to the subpoena. In response to any other subpoena or court order, the parents and the student must be notified prior to the release of the information, or there must be parental consent or consent of the student, if age eighteen or older.
FAMILY RIGHTS AND PRIVACY ACT (FERPA)
The Family Rights and Privacy Act is a law that intends to protect the accuracy and privacy of student educational records. In that regard, please note the following:
- The definition of educational records includes all records, files, documents, and other materials containing information directly related to your child.
- Without your prior consent, only you and authorized individuals will have access to your child's educational records. However, unless you make a request in writing to the contrary, we may release without consent directory information contained in your child's educational records: name, address, telephone listing, date and place of birth, date of attendance, major field of study, participation in officially recognized activities and sports, weight and height, athletic team membership, degrees and awards received, and most recent previous educational agency or institution attended. Your written request should be received by the school within ten days of your child's enrollment in this school.
- You may make an appointment with the school to inspect and review your child's educational records.
- You may receive a copy of the Dorchester School District Two's policy on: Student Records from the school office or the District Office at 815 South Main Street, Summerville, SC 29483.
- You may obtain copies of educational records on the basis of 25 cents per page, other than the first copy of a transcript to another educational institution, which will be sent without charge.
- When a student transfers from one district to another district (in or out-of-state), the student's record is sent within fifteen business days of receipt of written request. Parental permission is not required. The Principal or Coordinator of Special Education of the sending school must record the release of information on the Individual File Access Record. No further notification of transfer of personal data will be sent to the parent.
- You have the right to challenge any information contained in your child's educational records if you think it is inaccurate, misleading or inappropriate information.
- Challenges may be addressed to the Hearing Officer, 815 South Main Street, Summerville, SC 29483.
- The principal has ultimate responsibility for all educational records and will periodically review student educational records for the purpose of correcting and deleting any inaccurate, misleading, or inappropriate information.
The rights described herein are transferred to your child upon the attainment of his/her eighteenth birthday or admission to an institution of post-secondary education
Gavin’s Law Notification
Dear Parents and Guardians,
This letter is to inform you of Gavin's Law (H.3583). This recent legislation makes sexual extortion, the act of blackmailing someone using sexually explicit images or videos, a felony offense and an aggravated felony if the victim is a minor, vulnerable adult, or if the victim suffers bodily injury or death directly related to the crime.
Per the requirements of Gavin's Law, local school districts are required to provide notice to students, parents or guardians, the public, and school personnel of the change in law. As such, please be advised that Dorchester School District Two will incorporate the requirements of Gavin's Law into the Erin's Law curriculum and give age-appropriate instruction on the dangers and consequences of sexual extortion to satisfy the requirements for student notification.
Parents and guardians are invited to visit their respective schools and review these materials and all materials to be used as a part of the Comprehensive Health Education curriculum. The SC Comprehensive Health Education Act will also be available at your school for review. You can also visit scstatehouse.gov for more information.
In addition, any student who engages in sexual extortion will be subject to disciplinary action consistent with the District's Student Code of Conduct. Any employee who engages in sexual extortion will be subject to disciplinary action consistent with the District's policies governing staff conduct. School administrators shall notify law enforcement immediately of any allegations of such conduct, as required by State law and District policy.
Should you have any questions, please contact your child's school.
Sincerely,
Superintendent Chad Daugherty