Section 4: Students

4.1 Residence Requirements

4.2 Entrance Requirements

4.3 Compulsory Attendance Requirements

4.3F Application for Special Student Status

4.4 Student Transfers

4.5 School Choice

4.6 Home Schooling

4.6P-F Homeschool Tentative Placement Letter

4.6P-F Homeschool Students or Students from Non-Accredited Schools Entering District

4.7 Absences

4.8 Make-Up Work

4.11 Equal Educational Opportunity

4.12 Student Organizations/Equal Access

4.13 Privacy of Students' Records/Directory Information

4.13E Record Release Notification

4.13F Objection to Publication of Directory Information

4.14 Student Media and the Distribution of Literature

4.15 Contact with Students While At School

4.16 Student Visitors

4.17 Student Discipline

4.18 Prohibited Conduct

4.18E Parent-Student Statement Of Responsibility

4.19 Conduct to and from School and Transportation Eligibility

4.20 Disruption of School

4.21 Student Assault Or Battery

4.22 Weapons and Dangerous Instruments

4.23 Tobacco , Electronic Nicotine Delivery Systems, and Related Products

4.24 Drugs and Alcohol

4.25 Student Dress Code and Grooming

4.26 Gangs and Gang Activity

4.27 Student Sexual Harassment

4.28 Laser Pointers

4.30 Suspension from School

4.31 Expulsion

4.32 Search, Seizure, and Interrogations

4.33 Students' Vehicles

4.34 Communicable Diseases and Parasites

4.35 Student Medications

4.35F Medication Administration Release Form

4.35F6 Stress and Emergency Dose Medication Administration Consent Form

4.35F7 Stress Dose Medication Self Administration

4.36 Student Illness/Accident

4.37 Emergency Drills

4.39 Corporal Punishment

4.40 Homeless Students

4.43 Bullying

4.44 National Anthem

4.45P Smart Core Curriculum and Graduation Requirements for the Classes of 2024 and 2025

4.45.1P Smart Core Curriculum and Graduation Requirements for the Class of 2026

4.45.2P Smart Core Curriculum and Graduation Requirements for the Classes of 2027 and Thereafter

4.45 P2 Other Local Credit Physical Education

4.46 Pledge of Allegiance and Moment of Silence

4.47 Possession and Use of Cell Phones and Other Electronic Devices

4.48 Video Surveillance and Other Student Monitoring

4.49 Special Education

4.49P1 Free Appropriate Public Education (FAPE) for Children with Disabilities Under the IDEA

4.49P2 Independent Educational Evaluation (IEE)

4.50 School Meal Modifications

4.51 Food Service Prepayment

4.52 Students Who Are Foster Children

4.55P Student Promotion and Retention

4.56 Extracurricular Activities – Secondary Schools

4.56.2 Extracurricular Activity Eligibility for Home-Schooled Students

4.58 Food Sharing and Its Removal from Food Service Area

4.59P Academic Course Attendance by Private School and Home School Students

4.60 Student Behavioral Intervention and Restraint

4.61 Student Use of Multiple Occupancy Room

4.62 Student Name, Title, or Pronoun

4.63 Student Religious Expression

SECTION 4: STUDENTS

Section 4 of the ASBA classification system contains policies, regulations, and exhibits on students - admissions, attendance, rights and responsibilities, conduct, discipline, health and welfare, and school-related activities.

4.1 RESIDENCE REQUIREMENTS

Definitions:

“In loco parentis” means relating to the responsibility to undertake the care and control of another person in the absence of:

  1. Supervision by the person's parent or legal guardian; and

  2. Formal legal approval.

“Reside” means to be physically present and to maintain a permanent place of abode for an average of no fewer than four (4) calendar days and nights per week for a primary purpose other than school attendance.

“Resident” means a student whose parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis reside in the school district.

“Residential address” means the physical location where the student’s parents, legal guardians, persons having legal control of the student, or persons standing in loco parentis reside. A student may use the residential address of a parent, a legal guardian, a person having lawful control of the student, or a person standing in loco parentis only if the student resides at the same residential address and if the guardianship or other legal authority is not granted solely for educational needs or school attendance purposes. 

The schools of the District shall be open and free through the completion of the secondary program to all persons between the ages of five (5) and twenty-one (21) years whose parents, legal guardians, persons having lawful control of the student, or person standing in loco parentis reside within the District and to all persons between those ages who have been legally transferred to the District for educational purposes. 

Any person eighteen (18) years of age or older may establish a residence separate and apart from his or her parent, legal guardian, a person having lawful control of the student, or a person standing in loco parentis for school attendance purposes. 

In order for a person under the age of eighteen (18) years to establish a residence for the purpose of attending the District’s schools separate and apart from his or her parent, legal guardian, a person having lawful control of the student, or a person standing in loco parentis, the student is required to reside in the District for a primary purpose other than that of school attendance.; however, a student previously enrolled in the district whose parents moved the student into another district or who is placed under the legal guardianship of a noncustodial parent living outside the district by a custodial parent on active military duty may continue to attend district schools. A foster child who was previously enrolled in a District school and who has had a change in placement to a residence outside the District may continue to remain enrolled in his/her current school unless the presiding court rules otherwise.

Under instances prescribed in A.C.A. § 6-18-203, a child or ward of an employee of the district or of the education coop to which the district belongs may enroll in the district even though the employee and the employee’s child or ward reside outside the district.

Children whose parent or legal guardian relocates within the state due to mobilization, deployment, or available military housing while on active duty in or serving in the reserve component of a branch of the United States Armed Forces or National Guard may continue attending school in the school district the children were attending prior to the relocation or attend school in the school district where the children have relocated. A child may complete all remaining school years at the enrolled school district regardless of mobilization, deployment, or military status of the parent or guardian.

Cross References:

  • Policy 4.40—HOMELESS STUDENTS

  • Policy 4.52—STUDENTS WHO ARE FOSTER CHILDREN

Legal References:

  • A.C.A. § 6-4-302

  • A.C.A. § 6-18-202

  • A.C.A. § 6-18-203

  • A.C.A. § 6-28-108

  • A.C.A. § 9-28-113

Date Adopted: 10/12/17
Revised:

  • 03/16/15

  • 08/11/15

  • 10/16/17

  • 6/26/19
    Last Revised: 5/27/21

4.2 ENTRANCE REQUIREMENTS

To enroll in a school in the District, the child must be a resident of the District as defined in District policy (4.1—Residence Requirements), meet the criteria outlined in policy 4.40—Homeless Students or in policy 4.52—Students Who Are Foster Children, be accepted as a transfer student under the provisions of policy 4.4, or participate under a school choice option and submit the required paperwork as required by the choice option under Policy 4.5.

Students may enter kindergarten if they will attain the age of five (5) on or before August 1 of the year in which they are seeking initial enrollment. Any student who has been enrolled in a state-accredited or state-approved kindergarten program in another state for at least sixty (60) days, who will become five (5) years old during the year in which he/she is enrolled in kindergarten, and who meet the basic residency requirement for school attendance may be enrolled in kindergarten upon written request to the District. Any student who was enrolled in a state-accredited or state-approved kindergarten program in another state or in a kindergarten program equivalent in another country becomes a resident of this state as a direct result of active military orders or a court-ordered change of custody, will become five (5) years of age during the year in which he or she is enrolled in kindergarten, and meets the basic residency requirement for school attendance may be enrolled in kindergarten upon a written request to the District.

Any child who will be six (6) years of age on or before October 1 of the school year of enrollment and who has not completed a state-accredited kindergarten program shall be evaluated by the district and may be placed in the first grade if the results of the evaluation justify placement in the first grade, and the child’s parent or legal guardian agrees with placement in the first grade; otherwise, the child shall be placed in kindergarten.

Any child may enter first grade in a District school if the child will attain the age of six (6) years during the school year in which the child is seeking enrollment and the child has successfully completed a kindergarten program in a public school in Arkansas.

Any child who has been enrolled in the first grade in a state-accredited or state-approved elementary school in another state for a period of at least sixty (60) days, who will become age six (6) years during the school year in which he/she is enrolled in grade one (1), and who meets the basic residency requirements for school attendance may be enrolled in the first grade.

Students who move into the District from an accredited school shall be assigned to the same grade as they were attending in their previous school (mid-year transfers) or as they would have been assigned in their previous school. Private school students shall be evaluated by the District to determine their appropriate grade placement. Home school students enrolling or re-enrolling as public school students shall be placed in accordance with policy 4.6—Home Schooling.

The district shall make no attempt to ascertain the immigration status, legal or illegal, of any student or his/her parent or legal guardian presenting for enrollment.

Prior to the child’s admission to a District school:

  1. The parent, legal guardian, a person having lawful control of the student, or standing in loco parentis shall furnish the child’s social security number, or if they request, the district will assign the child a nine (9) digit number designated by the Division of Elementary and Secondary Education.

  2. The parent, guardian, or other responsible person shall provide the district with one (1) of the following documents indicating the child’s age:
    a. A birth certificate;
    b. A statement by the local registrar or a county recorder certifying the child’s date of birth;
    c. An attested baptismal certificate;
    d. A passport;
    e. An affidavit of the date and place of birth by the child’s parent, or legal guardian, a person having lawful control of the student, or a person standing in loco parentis;
    f. United States military identification; or
    g. Previous school records.

  • The parent, legal guardian, a person having lawful control of the student, or person standing in loco parentis shall indicate on school registration forms whether the child has been expelled from school in any other school district or is a party to an expulsion proceeding. Any person who has been expelled from any other school district shall receive a hearing before the Board at the time the student is seeking enrollment in the District. The Board reserves the right to not allow the enrollment of such students until the time of the person's expulsion has expired following the hearing before the Board.

  • The child shall be age-appropriately immunized or have an exemption issued by the Arkansas Department of Health.

Uniformed Services Member's Children

For the purposes of this policy:

“Activated reserve components” means members of the reserve component of the uniformed services who have received a notice of intent to deploy or mobilize under Title 10 of the United States Code, Title 32 of the United States Code, or state mobilization to active duty.

“Active duty” means full-time duty status in the active, uniformed services of the United States, including, without limitation, members of The National Guard and Reserve on active duty orders under 10 U.S.C. chapters 1209 and 1211 or 42 U.S.C. § 204.

“Deployment” means a period of time extending from six (6) months before a member of the uniformed services' departure from their home station on military orders through six (6) months after return to his or her home station.

"Dual status military technician" means a federal civilian employee who is:

a. Employed under 5 U.S.C. § 3101 or 32 U.S.C. § 709(b);
b. Required as a condition of his or her employment to maintain membership in the Selected Reserve; and
c. Assigned to a civilian position as a technician in the organizing, administering, instructing or training of the Selected Reserve or in the maintenance and repair of supplies or equipment issued to the Selected Reserve of the United States Armed Forces.

“Eligible child ” means the children of:

Active duty members of the uniformed services;

Members of the active and activated reserve components of the uniformed services;

Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and

Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death.;

Dual-status military technicians; and

Traditional members of the National Guard and reserve components of the armed forces who are relocating to the state for employment or to serve as a member of an Arkansas-based reserve component unit.

"Traditional member of the National Guard or federal reserves" means an active member of the Selected Reserve subject to mobilization and deployment for which he or she attends monthly and annual training periods.

“Transition” means the following:

  • Formal and physical process of transitioning from public school to public school; or

  • Period of time in which a student moves from a sending district to a receiving district.

“Uniformed services” means the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Space Force, United States Coast Guard, the National Oceanic, and Atmospheric Administration Commissioned Officer Corps, the United States Commissioned Corps of the Public Health Services, and the state and federal reserve components of each of these bodies.

“Veteran” means an individual who served in the uniformed services and who was discharged or released from the uniformed services under conditions other than dishonorable.

The superintendent shall designate an individual as the District’s military education coordinator, who shall serve as the primary point of contact for an eligible child and for the eligible child’s parent, legal guardian, person having lawful control of the eligible child, or person standing in loco parentis. The individual, the superintendent designated as the District’s military education coordinator, shall have specialized knowledge regarding the educational needs of children of military families and the obstacles that children of military families face in obtaining an education.

An eligible child, as defined in this policy, shall:

  1. Be allowed to continue his/her enrollment at the grade level commensurate with his/her grade level he/she was in at the time of transition from his/her previous school, regardless of age;

  2. Be eligible for enrollment in the next highest grade level, regardless of age, if the student has satisfactorily completed the prerequisite grade level in his/her previous school;

  3. Enter the District's school on the validated level from his/her previous accredited school when transferring into the District after the start of the school year;

  4. Be enrolled in courses and programs the same as or similar to the ones the student was enrolled in his/her previous school to the extent that space is available. This does not prohibit the District from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the courses/and/or programs;

  5. Be provided services comparable to those the student with disabilities received in his/her previous school based on his/her previous Individualized Education Program (IEP). This does not preclude the District school from performing subsequent evaluations to ensure the appropriate placement of the student;

  6. Make reasonable accommodations and modifications to address the needs of an incoming student with disabilities, subject to an existing 504 or Title II Plan, necessary to provide the student with equal access to education. This does not preclude the District school from performing subsequent evaluations to ensure the appropriate placement of the student;

  7. Be enrolled by an individual who has been given the special power of attorney for the student's guardianship. The individual shall have the power to take all other actions requiring parental participation and/or consent;

  8. Be eligible to continue attending District schools if he/she has been placed under the legal guardianship of a noncustodial parent living outside the district by a custodial parent on active military duty.

Following the receipt of advanced notice of the enrollment of an eligible student from a military family, the District shall treat the notice as a provisional enrollment and provide the student with materials regarding:

a. Academic courses;
b. Electives;
c. Sports; and
d. Other relevant information regarding the public school.

In the event that official copies of an eligible child’s education records are not available at the time the eligible child is transferring, then the District shall:

  • Pre-register and place an eligible child based on the eligible child’s unofficial education records pending receipt of the eligible child’s official records; and

  • Request the eligible child’s official education records from the sending district.

To facilitate a smooth transition between the student’s previous coursework and the curriculum best suited to ensure educational success in the student’s new school, the District may enroll an inbound transitioning eligible student in digital coursework, if available, at the request of the military family.

International Exchange Students

"Host family" means the individual or family with whom an international exchange student is placed by an international student exchange visitor placement organization under the International Student Exchange Visitor Placement Organization Registration Act, § 6-18-1701 et seq.

"International exchange student" means a student who is placed with a host family by an international student exchange visitor placement organization under the International Student Exchange Visitor Placement Organization Registration Act, § 6-18-1701 et seq.

Before an international exchange student may attend a District school, the District requires all international student exchange visitor placement organizations that are placing international exchange students within the District to:

  • Be certified by the Council on Standards for International Educational Travel;

  • Provide documented proof of the international exchange student's English proficiency; 

    and

  • Notify the District at least three (3) weeks before the beginning of the academic 

    semester that the international exchange student plans to enroll in the District.

The District shall admit for enrollment and attendance an international exchange student who has been placed with a host family who resides within the District boundaries. The international exchange student shall attend the school in the District based on the attendance zone where the host family resides.

Upon an international exchange student’s arrival, the international exchange student may be required to submit to quarantine to prevent the spread of infectious diseases as may be necessary, which shall not exceed seven (7) days unless otherwise recommended by the Arkansas Department of Health or the Centers for Disease Control and Prevention.

International exchange students are expected to follow the District handbook and student code of conduct as the District has the authority to expel a student for violations of the school district's written student discipline policies or if the international exchange student presents a danger to the District’s students or employees.

Statewide assessment results achieved by an international exchange student enrolled in the District shall be included in the District’s results on the statewide assessments.

The District shall provide English-language services to international exchange students as necessary.

Cross References:

  • 4.1 Residence Requirements

  • 4.4 Student Transfers

  • 4.5 School Choice

  • 4.6 Home Schooling

  • 4.34 Communicable Diseases and Parasites

  • 4.40 Homeless Students

  • 4.52 Students Who Are Foster Children

Legal References:

  • A.C.A. § 6-4-302

  • A.C.A. § 6-15-504

  • A.C.A. § 6-18-201 (c)

  • A.C.A. § 6-18-207

  • A.C.A. § 6-18-208

  • A.C.A. § 6-18-234

  • A.C.A. § 6-18-510

  • A.C.A. § 6-18-702

  • A.C.A. § 6-28-101 et seq.

  • A.C.A. § 9-28-113

  • DESE Rules Governing Student Discipline and School Safety

  • Plyler v Doe 457 US 202,221 (1982)

Date Adopted: 10/10/72

Revised: 

  • 03/16/15

  • 08/11/15

  • 10/16/17

  • 7/9/19

  • 8/13/2020

  • 6/8/2021

Last Revised: 4/11/22

4.3 COMPULSORY ATTENDANCE REQUIREMENTS

Every parent, legal guardian, person having lawful control of the child, or person standing in loco parentis of any child age five (5) through seventeen (17) years on or before August 1 of that year who resides, as defined by policy, within the District shall enroll the child and ensure the attendance of the child at a District school with the following exceptions.

  1. The child is enrolled in private or parochial school.

  2. The child is being home-schooled and the conditions of policy have been met.

  3. The child will not be age six (6) on or before August 1 of that particular school year and the parent, legal guardian, person having lawful control of the child, or person standing in loco parentis of the child elects not to have him/her attend kindergarten. A kindergarten waiver form prescribed by regulation of the Division of Elementary and Secondary Education must be signed and on file with the District administrative office.

  4. The child has received a high school diploma or its equivalent as determined by the State Board of Education.

  5. The child is age sixteen (16) or above and is enrolled in a post-secondary vocational-technical institution, a community college, or a two-year or four-year institution of higher education.

  6. The child is age sixteen (16) or seventeen (17) and has met the requirements to enroll in an adult education program as defined by A.C.A. § 6-18-201 (b).

Legal References:

  • A.C.A. § 6-18-201

  • A.C.A. § 6-18-207

Date Adopted: 02/08/00

Revised:

  • 8/11/15

  • 6/26/19
    Last Revised: 5/27/21

4.3F APPLICATION FOR SPECIAL STUDENT STATUS

4.4 STUDENT TRANSFERS

The District is not under an enforceable court order that conflicts with Arkansas law regarding student transfers. 

Transfer applications received by the District shall be placed on the Board’s next meeting agenda. At least five (5) days before the meeting where the transfer application appears on the agenda, the superintendent shall notify the Board regarding:

  • All transfer applications received since the last meeting; and

  • The superintendent’s recommendation concerning each transfer application.

Each transfer application shall be considered individually and receive a separate vote by the Board. The parent, legal guardian, person having lawful control of the student, or person standing in loco parentis to a student who submits a transfer application shall be given at least five (5) minutes to present the student's case for a transfer to the Board.

The Board delegates its authority to approve a petition for transfer received by the District pursuant to this policy and sign any required forms to implement a student transfer to the District’s superintendent.

The Board may reject a nonresident’s application for admission if its acceptance would necessitate the addition of staff or classrooms, exceed the capacity of a program, class, grade level, or school building, or cause the District to provide educational services not currently provided in the affected school. The District shall reject applications that would cause it to be out of compliance with applicable laws and regulations regarding desegregation.

If the superintendent intends to recommend the Board deny the transfer application, the superintendent shall provide a written explanation of the reasons for the recommendation to the Board and the parent, legal guardian, person having lawful control of the student, or person standing in loco parentis to the student.

The parent, legal guardian, person having lawful control of a student, or person standing in loco parentis to the student who submitted a transfer application that was rejected may appeal the decision of the Board to the State Board of Education.

Any student transferring from a school accredited by the Division of Elementary and Secondary Education (DESE) to a school in this district shall be placed into the same grade the student would have been in had the student remained at the former school. Any grades, course credits, and/or promotions received by a student while enrolled in the Division of Youth Services system of education shall be considered transferable in the same manner as those grades, course credits, and promotions from other accredited Arkansas public educational entities.

Any student transferring from a school that is not accredited by the DESE to a District school shall be evaluated by District staff to determine the student’s appropriate grade placement. A student transferring from home school will be placed in accordance with Policy 4.6  Home Schooling.

Any person who has been expelled from any other school district shall receive a hearing before the Board at the time the student is seeking enrollment in the District. The Board reserves the right to not allow the enrollment of such students until the time of the person's expulsion has expired following the hearing before the Board.

Except as otherwise required or permitted by law, the responsibility for transportation of any nonresident student admitted to a school in this District shall be borne by the student or the student’s parents. The District and the resident district may enter into a written agreement with the student or student’s parents to provide transportation to or from the District or both.

Cross Reference: 4.6 Home Schooling

Legal References:

  • A.C.A. § 6-15-504

  • A.C.A. § 6-18-316

  • A.C.A. § 6-18-317

  • A.C.A. § 6-18-510

  • A.C.A. § 9-28-113(b)(4)

  • A.C.A. § 9-28-205

Date Adopted: 10/10/72

Revised:

  • 8/16/18

  • 7/9/19

Last Revised: 6/13/23

4.5 SCHOOL CHOICE

Standard School Choice

Exemption

The District is under an enforceable desegregation court order/court-approved desegregation plan that explicitly limits the transfer of students between school districts and has submitted the appropriate documentation to the Division of Elementary and Secondary Education (DESE). As of 2017, the Pulaski County Special School District Board of Education no longer claims the exemption from participating in the DESE Rules Governing The Public School Choice Act. 

Definition

"Sibling" means each of two (2) or more children having a parent in common by blood, adoption, marriage, or foster care.

Transfers into the District

Capacity Determination and Public Pronouncement

The Board of Directors will annually adopt a resolution containing the capacity standards for the District. The resolution will contain the acceptance determination criteria identified by academic program, class, grade level, and individual school. The school is not obligated to add any teachers, other staff, or classrooms to accommodate choice applications. The District may only deny a Standard School Choice application if the District has a lack of capacity by the District having reached ninety percent (90%) of the maximum student population in a program, class, grade level, or school building authorized by the Standards or other State/Federal law.

The District shall advertise in appropriate broadcast media and either print media or on the Internet to inform students and parents in adjoining districts of the range of possible openings available under the School Choice program. The public pronouncements shall state the application deadline and the requirements and procedures for participation in the program; and include contact information for the primary point of contact at the District for school choice questions. Such pronouncements shall be made no later than January 1.

Application Process 

The student's parent shall submit a school choice application on a form approved by DESE to this District and the student’s resident district. Except for students who are transferring under the Uniformed Service Member Dependent School Choice, the transfer application must be postmarked, emailed, or hand-delivered between January 1 and May 1 of the year preceding the fall semester the applicant would begin school in the District. The District shall date and time stamp all applications the District receives as both the resident and nonresident district as they are received in the District's central office. Except for applications from students are transferring under the Uniformed Service Member Dependent School Choice, applications postmarked, emailed, or hand-delivered on or after May 2 will not be accepted. Statutorily, preference is required to be given to siblings of students who are already enrolled in the District. Therefore, siblings whose applications fit the capacity standards approved by the Board of Directors may be approved ahead of an otherwise qualified non-sibling applicant who submitted an earlier application as identified by the application's date and time stamp.

Except for students who are transferring under Uniformed Service Member Dependent School Choice, no earlier than January 1 of each year, the Superintendent will consider all properly submitted applications for School Choice. By July 1, the Superintendent shall notify the parent and the student’s resident district, in writing, of the decision to accept or reject the application. 

Accepted Applications

Applications that fit within the District's stated capacity standards shall be provisionally accepted, in writing, with the notification letter stating a reasonable timeline by which the student shall enroll in the District by taking the steps detailed in the letter, including submission of all required documents. If the student fails to enroll within the stated timeline, or if all necessary steps to complete the enrollment are not taken, or if examination of the documentation indicates the applicant does not meet the District's stated capacity standards, the acceptance shall be null and void.

A student whose application has been accepted and who has enrolled in the District is eligible to continue enrollment until completing his/her secondary education. Continued enrollment is conditioned upon the student meeting applicable statutory and District policy requirements. Any student who has been accepted under choice and who either fails to initially enroll under the timelines and provisions provided in this policy; who chooses to return to his/her resident district; or who enrolls in a home school or private school voids the transfer and must reapply if, in the future, the student seeks another school choice transfer. A subsequent transfer application will be subject to the capacity standards applicable to the year in which the application is considered by the District.

A present or future sibling of a student who continues enrollment in this District may enroll in the District by submitting a Standard School Choice application. Applications of siblings of presently enrolled choice students are subject to the provisions of this policy including the capacity standards applicable to the year in which the sibling's application is considered by the District. A sibling who enrolls in the District through Standard School Choice is eligible to remain in the District until completing his/her secondary education.

Students whose applications have been accepted and who have enrolled in the district shall not be discriminated against on the basis of gender, national origin, race, ethnicity, religion, or disability.

Rejected Applications

The District may reject an application for a transfer into the District under Standard School Choice due to a lack of capacity. However, the decision to accept or reject an application may not be based on the student’s previous academic achievement, athletic or other extracurricular ability, English proficiency level, or previous disciplinary proceedings other than a current expulsion.

An application may be provisionally rejected if it is for an opening that was included in the District's capacity resolution but was provisionally filled by an earlier applicant. If the provisionally approved applicant subsequently does not enroll in the District, the provisionally rejected applicant could be provisionally approved and would have to meet the acceptance requirements to be eligible to enroll in the District.

An application may be provisionally rejected if the student’s application was beyond the student’s resident district’s three percent (3%) cap. The student’s resident district is responsible for notifying this District that it is no longer at its three percent (3%) cap. If a student’s application was provisionally rejected due to the student’s resident district having reached its three percent (3%) cap and the student’s resident district notifies this District that it has dropped below its three percent (3%) cap prior to July 1, then the provisional rejection may be changed to a provisional acceptance, and the student would have to meet the acceptance requirements to be eligible to enroll in the District.

Rejection of applications shall be in writing and shall state the reason(s) for the rejection. Unless the student’s application was rejected due to the application not being timely received by both the resident and nonresident districts, a student whose application was rejected may request a hearing before the State Board of Education to reconsider the application. The request for a hearing must be submitted in writing to the State Board within ten (10) days of receiving the rejection letter from the District.

Any applications that are denied due to the student’s resident district reaching the three percent (3%) limitation cap shall be given priority for a choice transfer the following year in the order that the District received the original applications.

Transfers Out of the District

All Standard School Choice applications for transfers out of the District shall be granted. 

Facilities Distress School Choice Applications

There are a few exceptions from the provisions of the rest of this policy that govern choice transfers triggered by facilities distress. Any student attending a school district that has been identified as being in facilities distress may transfer under the provisions of this policy but with the following four (4) differences.

  • The receiving district cannot be in facilities distress;

  • The transfer is only available for the duration of the time the student's resident district remains in facilities distress;

  • The student is not required to meet the May 1 application deadline; and

  • The student's resident district is responsible for the cost of transporting the student to this District's school.

Opportunity School Choice

Transfers Into or Within the District

For the purposes of this section of the policy, a “lack of capacity” is defined as when the receiving school has reached the maximum student-to-teacher ratio allowed under federal or state law, the ADESE Rules for the Standards for Accreditation, or other applicable rules. There is a lack of capacity if, as of the date of the application for Opportunity School Choice, ninety-five percent (95%) or more of the seats at the grade level at the nonresident school are filled.

Unless there is a lack of capacity at the District’s school or the transfer conflicts with the provisions of a federal desegregation order applicable to the District, a student may transfer from the student’s assigned school to another school in the District10 or from the student’s resident district into the District if:

  • Either:

    • The student’s resident district has been classified by the state board as in need of Level 

      5 — intensive support; or

  • The student’s assigned school has a rating of "F"; and

  • Except for students who are transferring under Uniformed Service Member Dependents School Choice, the student’s parent, guardian, or the student, if the student is over eighteen (18) years of age, has submitted an application of the student’s request to transfer by no earlier than January 1 and no later than May 1 of the school year before the school year the student intends to transfer to both the sending and receiving school districts.

  • Except for students who are transferring under Uniformed Service Members Dependent School Choice or seeking to transfer within the District, the Superintendent shall notify in writing the parent or guardian or the student if the student is over eighteen (18) years of age and the student’s resident district whether the Opportunity School Choice application has been accepted or rejected by no later than July 1 of the school year the student is seeking to enroll. If the student is seeking a transfer within the District, the Superintendent shall notify in writing the parent or guardian or the student if the student is over eighteen (18) years of age, whether the Opportunity School Choice application has been accepted or rejected within fifteen (15) days from receipt of the student’s application. The notification shall be sent via First-Class Mail to the address on the application.

If the application is accepted, the notification letter shall state the deadline by which the student must enroll in the receiving school, or the transfer will be null and void. 

If the District rejects the application, the District shall state in the notification letter the specific reasons for the rejection. Unless the student’s application was rejected due to the application not being timely received by both the resident and nonresident districts, a parent or guardian, or the student, if the student is over eighteen (18) years of age, may appeal the District’s decision to deny the application to the State Board of Education. The appeal must be in writing to the State Board of Education via hand delivery or certified mail, return receipt requested, no later than ten (10) calendar days, excluding weekends and legal holidays, after the notice of rejection was received from the District.

Except for students who are transferring under Uniformed Service Member Dependent School Choice, a student’s transfer under Opportunity School Choice is effective at the beginning of the next school year, and the student’s enrollment is irrevocable for the duration of the school year and is renewable until the student completes high school or is beyond the legal age of enrollment. This provision for continuing eligibility under Opportunity School Choice does not negate the student's right to apply for transfer to a district other than the student's assigned school or resident district under the Standard School Choice provisions of this policy.

The District may, but is not obligated to provide transportation to and from the transferring district.

Transfers out of, or within, the District

If a District school receives a rating of “F” or the District has been classified by the State Board as in need of Level 5 Intensive Support, the District shall timely notify parents, guardians, or students, if over eighteen (18) years of age, as soon as practicable after the school or district designation is made of all options available under Opportunity School Choice. The District shall offer the parent or guardian, or the student if the student is over eighteen (18) years of age, an opportunity to submit an application to enroll the student in

  1. A school district that has not been classified by the State Board as in need of Level 5 Intensive Support; or

  2. If there is more than one school within the District covering the grade level of the student seeking to transfer that does not have a rating of “F,” a public school within the District that is nearest to the student’s legal residence that does not have a rating of “F”; or

  3. If there is not more than one school within the District covering the grade level of the a student seeking to transfer that does not have a rating of “F,” a public school that does not have a rating of “F” within a School as in need of Level 5 Intensive Support.

Additionally, the District shall request public service announcements to be made over the broadcast media and in the print media at such times and in such a manner as to inform parents or guardians of students in adjoining districts of the availability of the program, the application deadline, and the requirements and procedure for nonresident students to participate in the program.

Uniformed Service Member Dependent School Choice

"Uniformed service member" means an active or reserve component member of the:

  • United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Space Force, or United States Coast Guard;

  • National Oceanic and Atmospheric Administration Commissioned Officer Corps; or

  • United States Commissioned Corps of the Public Health Service.

"Uniformed service veteran" means a former uniformed service member who has been discharged under conditions other than dishonorable.

A student shall be eligible for school choice under Uniformed Service Member Dependent School Choice if the student is a dependent of a:

  • Uniformed service member in full-time active-duty status;

  • Surviving spouse of a uniformed service member;

  • Reserve component uniformed service member during the period six (6) months before until six (6) months after a Title 10, Title 32, or state active duty mobilization and service; or

  • Uniformed service veteran who is returning to civilian status at the conclusion of the uniformed service veteran's active duty status.

A student's parent, legal guardian, person having lawful control of a student, or person standing in loco parentis to the student shall submit a school choice application by mail, e-mail, or in person to the student's nonresident district and resident district. The application shall be accompanied by:

a. A copy of the identification card of the student's parent, legal guardian, person having lawful control of the student, or person standing in loco parentis that qualifies the student under this section; and
b. A copy of the official orders, assignment notification, or notice of mobilization of the student's parent, legal guardian, person having lawful control of the student, or person standing in loco parentis.

The application deadline required under Standard School Choice and Opportunity School Choice shall not apply to uniformed service member dependents.

The superintendent of the nonresident district shall notify the parent, legal guardian, person having lawful control of the student, or person standing in loco parentis of the student in writing whether the student’s application has been accepted or rejected within fifteen (15) days of the nonresident district’s receipt of the application. A student’s transfer under the Uniformed Services Member Dependent School Choice is effective immediately upon the nonresident district’s written notification of an acceptance.

A student shall be permitted only one (1) school transfer per academic year.

The parent, legal guardian, person having lawful control of a student, or person standing in loco parentis to a student shall be responsible for transportation of the student.

Unsafe School Choice Program

Any student that becomes the victim of a violent criminal offense while in or on the grounds of a District school or who is attending a school classified by DESE as a persistently dangerous public school shall be allowed to attend a safe public school within the District.

Legal References:

  • A.C.A. § 6-1-106

  • A.C.A. § 6-13-113

  • A.C.A. § 6-15-2915

  • A.C.A. § 6-18-227

  • A.C.A. § 6-18-233

  • A.C.A.  §6-18-320

  • A.C.A. § 6-18-510

  • A.C.A. § 6-18-1901 et seq.

  • A.C.A. § 6-21-812

  • DESE Rules Governing The Public School Choice Act

Date Adopted: 10/10/72

Revised:

  • 3/11/14

  • 8/11/15

  • 10/16/17

  • 4/4/18

  • 7/9/19

  • 2/12/2020

  • 6/8/2021

  • 2/8/22

  • 9/13/22

Last Revised: 7/25/23


4.6 HOME SCHOOLING

Enrollment in HomeSchool

Parents or legal guardians desiring to provide a home school for their children shall give written notice to the Superintendent of their intent to home-school. The notice shall be given:

  1. At the beginning of each school year, but no later than August 15;

  2. Five (5) school days prior to withdrawing the child (provided the student is not currently under disciplinary action for violation of any written school policy, including, but not limited to, excessive absences) and at the beginning of each school year thereafter; or

  3. Within thirty (30) calendar days of the parent or legal guardian establishing residency within the district during the school year.

Written notice of the parent or legal guardian’s intent to home-school shall be delivered to the Superintendent through any of the following methods:

  • Electronically, including without limitation by:

    • Use of the Division of Elementary and Secondary Education's (DESE) online system;

    • Email;

    • Facsimile;

  • By mail; or

  • In-person.

The notice shall include:

a. The name, sex, date of birth, grade level, and the name and address of the school last attended, if any;

b. The mailing address and telephone number of the home school;

c. The name of the parent or legal guardian providing the home school;

d. Indicate if the home-schooled student intends to participate in extracurricular activities during the school year;

e. A statement of whether the home-schooled student plans to seek a high school

equivalency diploma during the current school year;

f. A statement that the parent or legal guardian agrees that the parent or legal guardian is responsible for the education of their children during the time the parents or legal guardians choose to home-school; and

g. A signature of the parent or legal guardian

To aid the District in providing a free and appropriate public education to students in need of special education services, the parents or legal guardians home-schooling their children shall provide information that might indicate the need for special education services.

A student who has been temporarily issued items, resources, supplies, materials, or other property belonging to the District is eligible for enrollment in a home school during the school year after:

  • The items, resources, supplies, materials, or other property belonging to the District have been returned to the District;

  • The items, resources, supplies, materials, or other property belonging to the District have been paid for; or

  • The semester has ended.

The superintendent or the board of directors may waive the required five (5) school day waiting period for a student’s enrollment in home school during a semester if the superintendent or the board of directors is satisfied with the return of temporarily issued items, resources, supplies, materials, or other District property.

Enrollment or Re-Enrollment in Public School

  • A home-schooled student who wishes to enroll or re-enroll in a District school shall submit:

  • An official transcript from an accredited home-school institution listing all courses taken

  • and semester grades from the home school;

  • Score of at least the thirtieth percentile on a nationally recognized norm-referenced

  • assessment taken in the past year if available; and

  • A portfolio of indicators of the home-schooled student's academic progress to be

  • reviewed by the appropriate district curriculum personnel or department head, including

  • without limitation:

    • Curricula used in the home school;

    • Tests taken and lessons completed by the home-schooled student; and

    • Other indicators of the home-schooled student's academic progress.

A home-schooled student who enrolls or re-enrolls in the District will be tentatively placed at a grade level and academic course level equivalent to or higher than the home-schooled student's grade level and academic course level in the home school:

  1. As indicated by the district approved documentation submitted by the home-schooled student;

  2. If the home-schooled student fails to provide the documentation required by this policy, the District may have sole authority to determine the home-schooled student's grade placement and course credits. The District will determine the home-schooled student’s grade placement and course credits, in the same manner, the District uses when determining grade placement and course credits for students enrolling or re-enrolling in the District who attended another public or private school.

The District shall afford a home-schooled student who enrolls or re-enrolls in a public school the same rights and privileges enjoyed by the District’s other students. The District shall not deny a home-schooled student who enrolls or re-enrolls in the District any of the following on the basis of the student having attended a home school:

a. Award of course credits earned in the home school, so long as the maximum number of credits for each year in attendance in home-school does not exceed the number of credits earned by a student enrolled in the District during a regular school day;

b. Placement in the proper grade level and promotion to the next grade level;

c. Participation in any academic or extracurricular activity;

d. Membership in school-sponsored clubs, associations, or organizations;

e. A diploma or graduation, so long as the student has enrolled or re-enrolled in the District to attend classes for at least the nine (9) months immediately prior to graduation; or

f. Must have completed two consecutive grades in an accredited secondary school (grade 9-12) to be considered for ranking as an honor graduate, including Valedictorian and Salutatorian. Rank in class and grade point average will be determined only by credits earned while attending an accredited high school.

g. Scholarships.

Legal References:

  • A.C.A. § 6-15-503

  • A.C.A. § 6-15-504

  • A.C.A. § 6-41-103

  • DESE Rules Governing Home Schools

Date Adopted: 06/09/98
Revised: 08/11/16
Revised: 12/05/17
Revised: 8/13/2020
Last Revised: 6/8/2021

4.7 ABSENCES

If any student’s Individual Education Program (IEP) or 504 Plan conflicts with this policy, the requirements of the student’s IEP or 504 Plan take precedence.

Education is more than the grades students receive in their courses. Important as that is, students’ regular attendance at school, whether in person or digitally, is essential to their social and cultural development and helps prepare them to accept the responsibilities they will face as an adult. Interactions with other students and participation in the instruction within the classroom enrich the learning environment and promote a continuity of instruction, which results in higher student achievement.

Absences for students enrolled in synchronous digital courses shall be determined in the same manner as for District students attending courses in person.

Excused Absences

Excused absences are those where the student was on official school business or when the absence was due to one of the following reasons:

  1. The student’s illness or when attendance could jeopardize the health of other students. A maximum of six (6) such days are allowed per semester unless the condition(s) causing such absences is of a chronic or recurring nature, is medically documented in a written note or email from the parent, and approved by the principal.

  2. Death or serious illness in their immediate family;

  3. Observance of recognized holidays observed by the student's faith;

  4. Attendance at an appointment with a government agency;

  5. Attendance at a medical or dental appointment;

  6. Exceptional circumstances with prior approval of the principal;

  7. Participation in an FFA, FHA, or 4-H sanctioned activity;

  8. Participation in the election poll workers program for high school students.

  9. Absences granted to allow a student to visit his/her parent or legal guardian who is a member of the military and has been called to active duty, is on leave from active duty, or has returned from deployment to a combat zone or combat support posting. The number of additional excused absences shall be at the discretion of the superintendent or designee.

  10. Absences granted, at the Superintendent's discretion, to seventeen (17) year-old students who join the Arkansas National Guard while in eleventh grade to complete basic combat training between grades eleven (11) and (12).

  11. Absences for students excluded from school by the Arkansas Department of Health during a disease outbreak because the student has an immunization waiver or whose immunizations are not up to date.

  12. Absences due to conditions related to pregnancy or parenting, including without limitation:

  • Labor, delivery, and recovery;

  • Prenatal and postnatal medical appointments and other medically necessary, pregnancy-related absences;

  • The illness or medical appointment of a child belonging to a parent who is enrolled at a District school;

  • A legal appointment related to pregnancy or parenting, including without limitation:

    • Adoption;

    • Custody; and

    • Visitation;

  • A reasonable amount of time to accommodate a lactating student’s need to express breast milk or to breastfeed the student’s child on the District’s campus and

  • At least ten (10) school days of absences for both a parenting mother and a parenting father after the birth of a child.

Students who serve as pages for a member of the General Assembly shall be considered on instructional assignment and shall not be considered absent from school for the day the student is serving as a page.

Up to one (1) time during each scheduled election, a student shall not be considered absent from school for the time the student accompanies the student's parent when the parent is exercising the parent’s right to vote in a scheduled election.

In order for the absences noted above to be considered excused, the student must:

a. Bring a written statement or email to the principal or designee upon the student’s return to school from the student’s parent, legal guardian, or treating physician stating the reason for the student’s absence or
b. If the student is attending the District’s courses digitally, upload a written statement from the student’s parent, legal guardian, or treating physician stating the reason for the student’s absence through the District’s digital course management platform for review by the principal or designee.; or
c. Provide documentation as proof of a student's participation in an activity or program scheduled and approved by the 4-H program that is provided by a 4-H county extension agent, 4-H educator, or other appropriate entity associated with the 4-H activity or program.

A written statement presented or uploaded for an absence having occurred more than five (5) school days prior to its presentation or upload will not be accepted.

Unexcused Absences

Absences that are not defined above do not have an accompanying note from the parent, legal guardian, person having lawful control of the student, person standing in loco parentis, the student’s treating physician, or a 4-H county extension agent, 4-H educator, or other appropriate entity associated with the 4-H activity or program; or have an accompanying note that is not presented or uploaded within the timeline required by this policy shall be considered as unexcused absences. Students with ten (10) unexcused absences in a course in a semester may not receive credit for that course. At the discretion of the principal, after consultation with persons having knowledge of the circumstances of the unexcused absences, the student may be denied promotion or graduation. Excessive absences shall not be a reason for expulsion or dismissal of a student.

When a student has five (5) unexcused absences, his/her parents, legal guardians, persons with lawful control of the student, or persons standing in loco parentis shall be notified79. Notification shall be by telephone by the end of the school day in which such absence occurred or by regular mail with a return address sent no later than the following school day.

Whenever a student exceeds ten (10) unexcused absences in a semester, the District shall notify the prosecuting authority, and the parent, legal guardian, person having lawful control of the student, or persons standing in loco parentis shall be subject to a civil penalty as prescribed by law. 

It is the Arkansas General Assembly’s intention that students having excessive absences be given assistance in obtaining credit for their courses. Therefore, at any time prior to when a student exceeds the number of unexcused absences permitted by this policy, the student, or his/her parent, legal guardian, person with lawful control of the student, or person standing in loco parentis may petition the school or district’s administration for special arrangements to address the student’s unexcused absences. If formal arrangements are granted, they shall be formalized into a written agreement, which will include the conditions of the agreement and the consequences for failing to fulfill the agreement’s requirements. The agreement shall be signed by the student, the student’s parent, legal guardian, the person having lawful control of the student, or the person standing in loco parentis, and the school or district administrator or designee.

Students who attend in-school suspension shall not be counted absent for those days.

Days missed due to out-of-school suspension or expulsion shall be unexcused absences.

The District shall notify the Department of Finance and Administration whenever a student fourteen (14) years of age or older is no longer in school. The Department of Finance and Administration is required to suspend the former student’s operator’s license unless he/she meets certain requirements specified in the statute.

Cross References:

  • 4.8 Make-Up Work

  • 4.57 Immunizations

  • 5.11 Digital Learning Courses

  • 5.29 Wellness Policy

Legal References: 

  • A.C.A. § 6-4-302

  • A.C.A. § 6-18-209

  • A.C.A. § 6-18-213

  • A.C.A. § 6-18-220

  • A.C.A. § 6-18-222

  • A.C.A. § 6-18-229

  • A.C.A. § 6-18-231

  • A.C.A. § 6-18-234

  • A.C.A. § 6-18-235

  • A.C.A. § 6-18-236

  • A.C.A. § 6-18-507(g)

  • A.C.A. § 6-18-702

  • A.C.A. § 6-28-114

  • A.C.A. § 7-4-116

  • A.C.A. § 9-28-113(f)

  • A.C.A. § 27-16-701

  • Division of Elementary and Secondary Education 

  • Rules Governing Distance and Digital Learning

Date Adopted: 6/21/84

Revised:

  • 8/11/15

  • 6/26/19

  • 6/8/21

  • 4/11/23

Last Revised: 9/12/23

4.8 MAKE-UP WORK

Students who miss school due to an excused absence shall be allowed to make up the work they missed during their absence under the following rules.

  1. Students or parents/guardians are responsible for asking the teachers of the classes they missed what assignments they need to make up. 

  2. Teachers are responsible for providing the missed assignments when asked by a returning student or the student’s parent/guardian.

  3. Students or parents/guardians are required to ask for assignments on the student’s first day back to that class or their first class day after their return.

  4. Make-up tests are to be rescheduled at the discretion of the teacher but must be aligned with the schedule of the missed work to be made up.

  5. Students shall have at least one class day to make up their work for each class day they are absent at the discretion of the teacher. 

  6. Make-up work that is not turned in within the make-up schedule for that assignment shall be graded at the discretion of the teacher.

  7. Students, or the parent/guardian of elementary students, are responsible for turning in their make-up work without the teacher having to ask for it.

  8. Students who are absent on the day their make-up work or work posted to the learning management system/digital platform is due must turn in their work the day they return to school, whether or not the class for which the work is due meets the day of their return, at the discretion of the teacher.

  9. As required/permitted by the student’s Individual Education Program or 504 Plan.

Work may not be made up for credit for unexcused absences unless the unexcused absences are part of a signed agreement with the principal. 

Students who are found to be out of their designated area for the 2nd time will not be allowed to make up major classroom tests.  Students will be allowed to make up work missed for the first suspension or any suspension of two (2) days or less. The District shall establish programs, measures, or alternative means and methods to continue student engagement and access to education during a student’s period of expulsion. 

Work for students serving an out-of-school suspension or expulsion shall be in accordance with the District’s programs, measures, or alternative means and methods to continue student engagement and access to education during the student’s period of suspension or expulsion.

In lieu of the timeline above, assignments for students excluded from school by the Arkansas Department of Health during a disease outbreak are to be made up as set forth in Policy 4.57   Immunizations.

In addition to the make-up work process above, at the conclusion of a pregnancy-related or parenting-related period of absence, a student may choose from various options to make up missed work, including, without limitation:

a. Retaking a semester at the District school where the student is enrolled;
b. Participating in an online course credit recovery program;
c. Being granted six (6) weeks to continue at the same pace and finish the semester at a later date, provided that the student may:

  • Complete the student’s coursework within the current school year; or

  • Attend previously scheduled summer school classes made available by the District 
    Where the student is enrolled; and

d. Receiving home-based instruction services.

Manual Adoption: 2/8/00

Cross References:

  • 4.7 Absences

  • 4.30 Suspension from School

  • 4.31 Expulsions

Legal References:

  • A.C.A. § 6-15-1406

  • A.C.A. § 6-18-234

  • A.C.A. § 6-18-502

  • DESE Rules Governing Student Discipline and School Safety

Date Adopted: 6/11/85

Revised:

  • 8/11/15

  • 6/26/19

  • 3/10/2020

  • 8/13/2020

Last Revised: 9/12/23

4.11 EQUAL EDUCATIONAL OPPORTUNITY

No student in the Pulaski County Special School District shall be excluded from participation in or denied the benefits of or subjected to discrimination under any educational program or activity sponsored by the District on the basis of any protected classification under the law. The District has a limited open forum granting equal access to the Boy Scouts of America and other youth groups.

Inquiries on non-discrimination may be directed to the Assistant Superintendent for Equity and Pupil Services, who may be reached at 501-234-2022.

For further information on notice of non-discrimination or to file a complaint, visit https://www2.ed.gov/about/offices/list/ocr/complaintintro.html; for the address and phone number of the office that serves your area, or call 1-800-421-3481.

Legal References:

  • A.C.A. § 6-1-114

  • A.C.A. § 6-10-130

  • A.C.A. § 6-18-514

  • A.C.A. § 14-1-403

  • 28 C.F.R. § 35.106

  • 34 C.F.R. § 100.6

  • 34 C.F.R. § 104.8

  • 34 C.F.R. § 106.9

  • 34 C.F.R. § 108.9

  • 34 C.F.R. § 110.25

Date Adopted: 03/08/83
Revised: 

  • 03/13/90

  • 03/16/15

  • 10/16/17

  • 2/8/22

Last Revised: 11/14/23

4.12 STUDENT ORGANIZATIONS/EQUAL ACCESS

Non-curriculum-related secondary school student organizations wishing to conduct meetings on school premises during non-instructional time shall not be denied equal access on the basis of the religious, political, philosophical, or other content of the speech at such meetings. Such meetings must meet the following criteria.

  1. The meeting is to be voluntary and student initiated;

  2. There is no sponsorship of the meeting by the school, the government, or its agents or employees;

  3. The meeting must occur during non-instructional time;

  4. Employees or agents of the school are present at religious meetings only in a non-participatory capacity;

  5. The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and

  6. Non-school persons may not direct, conduct, control, or regularly attend activities of student groups.

All meetings held on school premises must be scheduled and approved by the principal. The school, its agents, and employees retain the authority to maintain order and discipline, to protect the well-being of students and faculty, and to assure that attendance of students at meetings is voluntary.

Fraternities, sororities, and secret societies are forbidden in the District’s schools. Membership to student organizations shall not be by a vote of the organization’s members, nor be restricted by the student’s race, religion, sex, national origin, or other arbitrary criteria. Hazing, as defined by law, is forbidden in connection with initiation into, or affiliation with, any student organization, extracurricular activity or sport program. Students who are convicted of participation in hazing or the failure to report hazing shall be expelled..

Legal References:

  • A.C.A. § 6-5-201 et seq.

  • A.C.A. § 6-10-132

  • A.C.A. § 6-18-601 et seq.

  • A.C.A. § 6-21-201 et seq.

  • 20 U.S.C. 4071 Equal Access Act

  • Board of Education of the Westside Community Schools v. Mergens, 496 U.S. 226 (1990)

Date Adopted: 03/12/85
Last Revised: 03/16/15
Last Revised: 10/16/17

4.13 PRIVACY OF STUDENTS' RECORDS/DIRECTORY INFORMATION

Except when a court order regarding a student has been presented to the district to the contrary, all students’ education records are available for inspection and copying by the parent of his/her student who is under the age of eighteen (18). At the age of eighteen (18), the right to inspect and copy a student’s records transfers to the student. A student’s parent or the student, if over the age of 18, requesting to review the student’s education records will be allowed to do so within no more than forty-five (45) days of the request.  The district forwards education records, including disciplinary records, to schools that have requested them 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 district shall receive written permission before releasing education records to any agency or individual not authorized by law to receive and/or view the education records without prior parental permission. The District shall maintain a record of requests by such agencies or individuals for access to, and each disclosure of, personally identifiable information (PII) from the education records of each student. Disclosure of education records is authorized by law to school officials with legitimate educational interests. A personal record kept by a school staff member is not considered an education record if it meets the following tests.

  • it is in the sole possession of the individual who made it;

  • it is used only as a personal memory aid; and

  • information contained in it has never been revealed or made available to any other person except the maker’s temporary substitute.

For the purposes of this policy, 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 contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent/guardian/person standing in loco parentis or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

For the purposes of this policy, 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, contracted duty, or duty of elected office.

In addition to releasing PII to school officials without permission, the District may disclose PII from the education records of students in foster care placement to the student’s caseworker or to the caseworker’s representative without getting prior consent of the parent (or the student if the student is over eighteen (18)). For the District to release the student’s PII without getting permission:

  • The student must be in foster care;

  • The individual to whom the PII will be released must have legal access to the student’s case plan; and

  • The Arkansas Department of Human Services, or a sub-agency of the Department, must be legally responsible for the care and protection of the student.

The District discloses PII from an education record to appropriate parties, including parents, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. The superintendent or designee shall determine who will have access to and the responsibility for disclosing information in emergency situations.

When deciding whether to release PII in a health or safety emergency, the District may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals.  If the District determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.

For purposes of this policy, the Pulaski County Special  School District does not distinguish between a custodial and noncustodial parent or a non-parent such as a person acting in loco parentis or a foster parent with respect to gaining access to a student’s records. Unless a court order restricting such access has been presented to the district to the contrary, the fact of a person’s status as parent or guardian alone enables that parent or guardian to review and copy his child’s records.

If there exists a court order which directs that a parent not have access to a student or his/her records, the parent, guardian, person acting in loco parentis, or an agent of the Department of Human Services must present a file-marked copy of such order to the building principal and the superintendent. The school will make good-faith efforts to act in accordance with such court order, but the failure to do so does not impose legal liability upon the school. The actual responsibility for enforcement of such court orders rests with the parents or guardians, their attorneys, and the court which issued the order.

A parent or guardian does not have the right to remove any material from a student’s records, but such a parent or guardian may challenge the accuracy of a record. The right to challenge the accuracy of a record does not include the right to dispute a grade, disciplinary rulings, disability placements, or other such determinations, which must be done only through the appropriate teacher and/or administrator, the decision of whom is final. A challenge to the accuracy of material contained in a student’s file must be initiated with the building principal, with an appeal available to the Superintendent or his/her designee. The challenge shall clearly identify the part of the student’s record the parent wants to be changed and specify why he/she believes it is inaccurate or misleading. If the school determines not to amend the record as requested, the school will notify the requesting parent or student of the decision and inform them of their right to a hearing regarding the request for amending the record. The parent or eligible student will be provided information regarding the hearing procedure when notified of the right to a hearing.

Unless the parent or guardian of a student (or student, if above the age of eighteen [18]) objects, "directory information" about a student may be made available to the public, military recruiters, post-secondary educational institutions, prospective employers of those students, as well as school publications such as annual yearbooks and graduation announcements. “Directory information” includes, but is not limited to, a student’s name, address, telephone number, electronic mail address, photograph, date, and place of birth, dates of attendance,5 his/her placement on the honor roll (or the receipt of other types of honors), as well as his/her participation in school clubs and extracurricular activities, among others. If the student participates in inherently public activities (for example, basketball, football, or other interscholastic activities), the publication of such information will be beyond the control of the District. "Directory information" also includes a student identification (ID) number, user ID, or other unique personal identifier used by a student for purposes of

accessing or communicating in electronic systems and a student ID number or other unique personal identifier that is displayed on a student's ID badge provided the ID 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 (PIN), password or other factor known or possessed only by the authorized user.

A student’s name and photograph will only be displayed on the district or school’s web page(s) after receiving written permission from the student’s parent or student if over the age of 18.

The form for objecting to making directory information available is located in the back of the student handbook and must be completed and signed by the parent or age-eligible student and filed with the building principal’s office no later than ten (10) school days after the beginning of each school year or the date the student is enrolled for school. Failure to file an objection by that time is considered a specific grant of permission. The district is required to continue to honor any signed opt-out form for any student no longer in attendance at the district.

The right to opt out of the disclosure of directory information under the Family Educational Rights and Privacy Act (FERPA) does not prevent the District from disclosing or requiring a student to disclose the student's name, identifier, or institutional email address in a class in which the student is enrolled.

Parents and students over the age of 18 who believe the district has failed to comply with the requirements for the lawful release of student records may file a complaint with the U.S. Department of Education (DOE) at

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

The District shall ensure that all contracts that disclose or make available student personally identifiable information to vendors, including school service contract providers, school service on-demand providers, and other third parties, including without limitation subcontractors of contract providers, include express provisions that safeguard the privacy and security of student personally identifiable information that meet the requirements under A.C.A. § 6-18-2601 et seq. The District shall maintain a list of the school service contract providers that the District contracts with for school services that include or make available student personally identifiable information. The list shall be updated at least once at the beginning of each semester and provided to parents upon request.

Manual Adoption: 2/8/00

Cross References:

  • Policy 4.34—Communicable Diseases and Parasites

  • Policy 5.20—District Website

  • Policy 5.20.1—Web Site Privacy Policy

  • Policy 5.20F1—Permission to Display Photo of Student on WebSite

Legal References:

  • A.C.A. § 6-18-2601 et seq.

  • A.C.A. § 9-298 -113(b)(6)

  • 20 U.S.C. § 1232g

  • 20 U.S.C. § 7908

  • 34 CFR §§ 99.3, 99.7, 99.21, 99.22, 99.30, 99.31, 99.32, 99.33, 99.34, 99.35, 99.36, 99.37, 99.63, 99.64

Date Adopted: 10/10/72

Revised:

  • 6/2/15

  • 2/12/20

Last Revised: 7/25/23


4.13F OBJECTION TO PUBLICATION OF DIRECTORY INFORMATION

(Not to be filed if the parent/student has no objection)

I, the undersigned, being a parent of a student, or a student eighteen (18) years of age or older, hereby note my objection to the disclosure or publication by the Pulaski County Special School District of directory information, as defined in Policy No. 4.13 (Privacy of Students’ Records), concerning the student named below. The district is required to continue to honor any signed opt-out form for any student no longer in attendance at the district.

I understand that the participation by the below-named student in any interscholastic activity, including athletics and school clubs, may make the publication of some directory information unavoidable, and the publication of such information in other forms, such as telephone directories, church directories, etc., is not within the control of the District.

I understand that this form must be filed with the office of the appropriate building principal within ten (10) school days from the beginning of the current school year or the date the student is enrolled for school in order for the District to be bound by this objection. Failure to file this form within that time is a specific grant of permission to publish such information.

I object and wish to deny the disclosure or publication of directory information as follows:

Deny disclosure to military recruiters ____

Deny disclosure to Institutions of postsecondary education ____

Deny disclosure to Potential employers ____

Deny disclosure to all public and school sources ____

Selecting this option will prohibit the release of directory information to the three categories listed above along with all other public sources (such as newspapers), AND result in the student’s directory information not being included in the school’s yearbook and other school publications.

Deny disclosure to all public sources ____

Selecting this option will prohibit the release of directory information to the first three categories listed above along with all other public sources (such as newspapers), but permit the student’s directory information to be included in the school’s yearbook and other school publications.

__________________________________________
Name of student (Printed)

_________________________________________
Signature of parent (or student, if 18 or older)

__________________________________________
Date form was filed (To be filled in by office personnel)

Date Adopted: 8/11/15
Manual Adoption: 2/8/00

4.14 STUDENT MEDIA AND THE DISTRIBUTION OF LITERATURE

The Superintendent and the student media advisors(s) shall jointly develop administrative regulations for the implementation of this policy. The regulations shall include definitions of terms and the time(s), place(s), and manner(s) of the dissemination of student media, which shall include timelines for the review of materials.

Definitions

“School-sponsored media” means all student media that are:

  • Supported financially by the school;

  • Supported by the use of school facilities; or

  • Produced in conjunction with a class.

“Student journalist” means a student who gathers, writes, edits, photographs, records, videotapes, or prepares information for dissemination in student media.

“Student media” means any means of communication that are:

  • Prepared, substantially written, published, or broadcasted by a student;

  • Distributed or generally made available, either free of charge or for a fee, to members of the student body; and

  • Prepared under the direction of a student media advisor.

“Student media” does not include media that is intended for distribution or transmission solely in the classroom in which it is produced.

“Student media advisor” means an individual who is employed, appointed, or designated by the District to supervise or provide instruction with respect to student media.

Student Media

While the District recognizes a student’s right of expression under the First Amendment of the Constitution of the United States, school-sponsored media does not provide an open public forum for public expression. Student media, as well as the content of student expression in school-sponsored activities, shall be subject to the editorial review of the District’s administration, whose actions shall be reasonably related to legitimate pedagogical concerns and adhere to the following limitations:

  1. Advertising may be accepted for media that does not condone or promote products that are inappropriate for the age and maturity of the audience or that endorses such things as tobacco, alcohol, or drugs.

  2. Media may be regulated to prohibit communications determined by the appropriate teacher, student media advisor, and/or administrator to be ungrammatical; poorly written; inadequately researched; biased or prejudiced; vulgar or profane, or unsuitable for immature audiences.

  3. Media may be regulated to prohibit the dissemination of material that may reasonably be perceived to advocate drug or alcohol use; irresponsible sex; conduct that is otherwise inconsistent with the shared values of a civilized social order; or to associate the school with any position other than neutrality on matters of political controversy.

  4. Prohibited media includes those that:

a) Are obscene as to minors;
b) Are libelous or slanderous, including material containing defamatory falsehoods about public figures or governmental officials, and made with knowledge of their falsity or reckless disregard of the truth;
c) Constitute an unwarranted invasion of privacy as defined by state law;
d) Suggest or urge the commission of unlawful acts on the school premises;
e) Suggest or urge the violation of lawful school regulations;
f) Scurrilously attacks ethnic, religious, or racial groups; or
g) Harass, threaten, or intimidate a student.

Student Media on School Web Pages

Student media displayed on school web pages shall follow the same guidelines as listed above and shall also:

  1. Not contain any non-educational advertisements;

  2. Adhere to the restrictions regarding use of Directory Information as prescribed in Policy 4.13 including not using a student’s photograph when associated with the student’s name unless written permission has been received from the student’s parent or student if over the age of eighteen (18);

  3. State that the views expressed are not necessarily those of the School Board or the employees of the district.

Student Distribution of Non-school Literature, Publications, and Materials

A student or group of students who distribute ten (10) or fewer copies of the same non-school-sponsored literature, publications, or materials shall do so in a time, place, and manner that does not cause a substantial disruption of the orderly education environment. A student or group of students wishing to distribute more than ten (10) copies of non-school-sponsored materials shall have school authorities review their non-school-sponsored materials at least three (3) school days in advance of their desired time of dissemination. School authorities shall review the non-school-sponsored materials, prior to their distribution and will bar from distribution those non-school-sponsored materials that are obscene, libelous, pervasively indecent, or advertise unlawful products or services. Material may also be barred from distribution if there is evidence that reasonably supports a forecast that a substantial disruption of the orderly operation of the school or educational environment will likely result from the distribution. Concerns related to any denial of distribution by the principal shall be heard by the superintendent, whose decision shall be final.

The school principal or designee shall establish reasonable regulations governing the time, place, and manner of student distribution of non-school-sponsored materials. The regulations shall:

  1. Be narrowly drawn to promote the orderly administration of school activities by preventing disruption and may not be designed to stifle expression;

  2. Be uniformly applied to all forms of non-school-sponsored materials;

  3. Allow no interference with classes or school activities;

  4. Specify times, places, and manner where distribution may and may not occur; and

  5. Not inhibit a person’s right to accept or reject any literature distributed in accordance with the regulations.

Students shall be responsible for the removal of excess literature that is left at the distribution point for more than 3 days.

Cross References: 

  • 1.9 Policy Formulation

  • 4.13 Privacy of Students’ Records/ Directory Information

  • 4.43 Bullying

Legal References:

  • A.C.A. § 6-18-514

  • A.C.A. § 6-18-1201 et seq.

  • Tinker v. Des Moines ISD, 393 U.S. 503 (1969)

  • Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986)

  • HazelwoodSchool District v. Kuhlmeier, 484 U.S. 260 (1988)

Date Adopted: 3/10/2020

4.15 CONTACT WITH STUDENTS WHILE AT SCHOOL

CONTACT BY PARENTS

Parents wishing to speak to their children during the school day shall register first with the office.

CONTACT BY NON-CUSTODIAL PARENTS

If there is any question concerning the legal custody of the student, the custodial parent shall present documentation to the principal or the principal’s designee establishing the parent’s custody of the student. It shall be the responsibility of the custodial parent to make any court ordered “no contact” or other restrictions regarding the non-custodial parent known to the principal by presenting a copy of a file-marked court order. Without such a court order on file, the school will release the child to either of his/her parents. Non-custodial parents who file with the principal a date-stamped copy of current court orders granting unsupervised visitation may eat lunch, volunteer in their child’s classroom, or otherwise have contact with their child during school hours and the prior approval of the school’s principal. Such contact is subject to the limitations outlined in Policy 4.16, Policy 6.5, and any other policies that may apply.

Arkansas law provides that, in order to avoid continuing child custody controversies from involving school personnel and to avoid disruptions to the educational atmosphere in the District’s schools, the transfer of a child between his/her custodial parent and non-custodial parent, when both parents are present, shall not take place on the school’s property on normal school days during normal hours of school operation. The custodial or non-custodial parent may send to/drop off the student at school to be sent to/picked up by the other parent on predetermined days in accordance with any court order provided by the custodial parent or by a signed agreement between both the custodial and non-custodial parents that was witnessed by the student’s building principal. Unless a valid no-contact order has been filed with the student’s principal or the principal’s designee, district employees shall not become involved in disputes concerning whether or not that parent was supposed to pick up the student on any given day.

CONTACT BY LAW ENFORCEMENT, SOCIAL SERVICES, OR BY COURT ORDER

State Law requires that Department of Human Services employees, local law enforcement, or agents of the Crimes Against Children Division of the Department of Arkansas State Police may interview students without a court order for the purpose of investigating suspected child abuse. In instances where the interviewers deem it necessary, they may exercise a “72-hour hold” without first obtaining a court order. Except as provided below, other questioning of students by non-school personnel shall be granted only with a court order directing such questioning, with permission of the parents of a student (or the student if above eighteen (18) years of age), or in response to a subpoena or arrest warrant.

If the District makes a report to any law enforcement agency concerning student misconduct or if access to a student is granted to a law enforcement agency due to a court order, the principal or the principal’s designee shall make a good faith effort to contact the student’s parent, legal guardian, or other person having lawful control of the student, or person standing in loco parentis. The principal or the principal’s designee shall not attempt to make such contact if presented documentation by the investigator that notification is prohibited because a parent, legal guardian, person having lawful control of the student, or person standing in loco parentis is named as an alleged offender of the suspected child maltreatment. This exception applies only to interview requests made by a law enforcement officer, an investigator of the Crimes Against Children Division of the Division of Arkansas State Police, or an investigator or employee of the Department of Human Services.

In instances other than those related to cases of suspected child abuse, principals must release a student to either a police officer who presents a subpoena for the student, or a warrant for arrest or to an agent of state social services or an agent of a court with jurisdiction over a child with a court order signed by a judge. Upon the release of the student, the principal or designee shall give the student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis notice that the student has been taken into custody by law enforcement personnel or a state’s social services agency. If the principal or designee is unable to reach the parent, he or she shall make a reasonable, good-faith effort to get a message to the parent to call the principal or designee and leave both a day and an after-hours telephone number.

Contact by Professional Licensure Standards Board Investigators

Investigators for the Professional Licensure Standards Board may meet with students during the school day to carry out the investigation of an ethics complaint.

Legal References:

  • A.C.A. § 6-18-513

  • A.C.A. § 9-13-104

  • A.C.A. § 12-18-609, 610, 613

  • A.C.A. § 12-18-1001, 1005

Date Adopted: 3/16/15
Revised: 

  • 10/16/17 

  • 6/26/19

Last Revised: 2/12/20

4.16 STUDENT VISITORS

The board strongly believes that the purpose of school is for learning. Social visitors, generally, disrupt the classroom and interfere with learning that should be taking place. Therefore, visiting with students at school is strongly discouraged, unless approved by the principal and scheduled in advance. This includes visits made by former students, friends, and/or relatives of teachers or students. Any visitation to the classroom shall be allowed only with the permission of the school principal and all visitors must first register at the office.

Date Adopted: 3/16/15
Manual Adoption: 2/8/00

4.17 STUDENT DISCIPLINE

The Pulaski County Special School District Board of Education has a responsibility to protect the health, safety, and welfare of the District’s students and employees. To help maintain a safe environment conducive to high student achievement, the Board establishes policies necessary to regulate student behavior to promote an orderly school environment that is respectful of the rights of others and ensures the uniform enforcement of student discipline. Students are responsible for their conduct that occurs:

  • At any time on the school grounds;

  • Off school grounds at a school-sponsored function, activity, or event; and

  • Going to and from school or a school activity.

The District’s administrators may also take disciplinary action against a student for off-campus conduct occurring at any time that would have a detrimental impact on school discipline, the educational environment, or the welfare of the students and/or staff. A student who has committed a criminal act while off-campus and whose presence on campus could cause a substantial disruption to school or endanger the welfare of other students or staff is subject to disciplinary action up to and including expulsion. Such acts could include but are not limited to a felony or an act that would be considered a felony if committed by an adult, an assault or battery, drug law violations, or sexual misconduct of a serious nature. Any disciplinary action pursued by the District shall be in accordance with the student’s appropriate due process rights.

The District shall incorporate the District’s implementation of positive behavioral supports in accordance with Policy 4.60 in the application of student discipline.

The District’s licensed personnel policy committees shall annually review the District’s student discipline policies, including State and District student discipline data, and may recommend changes in the policies to the Pulaski County Special School District School Board. The Board has the responsibility of determining whether to approve any recommended changes to student discipline policies.

The District’s student discipline policies shall be distributed to each student during the first week of school each year and to new students upon their enrollment. Each student’s parent or legal guardian, person having lawful control of the student, or person standing in loco parentis shall sign and return to the school an acknowledgment form documenting that they have received the policies.

The District shall develop and provide programs, measures, or alternative means and methods for continued student engagement and educational access during periods of suspension or expulsion.

The superintendent is authorized to modify the penalties set forth in the District’s student discipline policies on a case-by-case basis.

The District’s student discipline policies shall be distributed to each student during the first week of school each year and to new students upon their enrollment. Each student’s parent or legal guardian shall sign and return to the school an acknowledgment form documenting that they have received the policies.

It is required by law that the principal or the person in charge report to the police any incidents the person has personal knowledge of or has received information leading to a reasonable belief that a person has committed or threatened to commit an act of violence or any crime involving a deadly weapon on school property or while under school supervision. If the person making the report is not the Superintendent, that person shall also inform the Superintendent of the incident. Additionally, the principal shall inform any school employee or other person who initially reported the incident that a report has been made to the appropriate law enforcement agency. The Superintendent or designee shall inform the Board of Directors of any such report made to law enforcement.

The superintendent shall make a report annually to the Board of Directors on student discipline data, which shall include, without limitation: the number of incidents of bullying reported and the actions taken regarding the reported incidents of bullying.

Manual Adoption: 9/11/84

Cross References:

  • 1.9 Policy Formulation

  • 4.60 Student Behavioral Intervention 

    and Restraint


Legal References:

  • A.C.A. § 6-17-113

  • A.C.A. § 6-18-502

    A. § 6-18-514

  • A.C.A.C.A. § 6-18-2401 et seq.

  • DESE Rules Governing Student Discipline and School Safety

Date Adopted: 3/8/83
Revised: 

  • 4/1/2015

  • 6/26/19

  • 8/13/2020

  • 6/8/2021

Last Revised: 2/8/2022

4.18 PROHIBITED CONDUCT

Students and staff require a safe and orderly learning environment that is conducive to high student achievement. Certain student behaviors are unacceptable in such an environment and are hereby prohibited by the Board. Prohibited behaviors include, but shall not be limited to the following:

  1. Disrespect for school employees and failing to comply with their reasonable directions or otherwise demonstrating insubordination;

  2. Disruptive behavior that interferes with orderly school operations;

  3. Willfully and intentionally assaulting or threatening to assault or physically abusing any student or school employee;

  4. Possession of any weapon that can reasonably be considered capable of causing bodily harm to another individual;

  5. Possession or use of tobacco in any form on any property owned or leased by any public school;

  6. Willfully or intentionally damaging, destroying, or stealing school property;

  7. Possession of any paging device, beeper, or similar electronic communication devices on the school campus during normal school hours unless specifically exempted by the administration for health or other compelling reasons;

  8. Possession, selling, distributing, or being under the influence of an alcoholic beverage, any illegal drug, unauthorized inhalants, or the inappropriate use or sharing of prescription or over the counter drugs, or other intoxicants, or anything represented to be a drug;

  9. Sharing, diverting, transferring, applying to others (such as needles or lancets), or in any way misusing medication or any medical supplies in their possession;

  10. Inappropriate public displays of affection;

  11. Cheating, copying, or claiming another person's work to be his/her own;

  12. Gambling;

  13. Inappropriate student dress;

  14. Use of vulgar, profane, or obscene language or gestures;

  15. Truancy;

  16. Excessive tardiness;

  17. Engaging in behavior designed to taunt, degrade, or ridicule another person on the basis of race, ethnicity, national origin, sex, sexual orientation, gender identity, or disability;

  18. Possess, view, distribute or electronically transmit sexually explicit or vulgar images or representations, whether electronically, on a data storage device, or in hard copy form;

  19. Hazing, or aiding in the hazing of another student;

  20. Gangs or gang-related activities, including belonging to secret societies of any kind, are forbidden on school property. Gang insignias, clothing, “throwing signs” or other gestures associated with gangs are prohibited;

  21. Sexual harassment;

  22. Bullying;

  23. Operating a vehicle on school grounds while using a wireless communication device.; and

  24. Theft of another individual’s personal property.

The Board directs each school in the District to develop implementation regulations for prohibited student conduct consistent with applicable Board policy, State and Federal laws, and judicial decisions.

Legal References:

  • A.C.A. § 6-5-201

  • A.C.A. § 6-15-1005

  • A.C.A. § 6-18-222

  • A.C.A. § 6-18-502

  • A.C.A. § 6-18-514

  • A.C.A. § 6-18-707

  • A.C.A. § 6-21-609

  • A.C.A. § 27-51-1602

  • A.C.A. § 27-51-1603

  • A.C.A. § 27-51-1609

  • DESE Rules Governing Student Discipline and School Safety

Cross-References:

  • Prohibited Conduct #2— Policy # 4.20

  • Prohibited Conduct #3— Policy # 4.21, 4.26

  • Prohibited Conduct #4— Policy # 4.22

  • Prohibited Conduct #5— Policy # 4.23

  • Prohibited Conduct #7—Policy 4.47

  • Prohibited Conduct #8— Policy # 4.24

  • Prohibited Conduct # 13— Policy # 4.25

  • Prohibited Conduct # 14— Policy # 4.21

  • Prohibited Conduct # 15— Policy # 4.7

  • Prohibited Conduct # 16 — Policy # 4.9

  • Prohibited Conduct # 17— Policy # 4.43

  • Prohibited Conduct # 19— Policy # 4.12

  • Prohibited Conduct # 20— Policy # 4.26

  • Prohibited Conduct # 21—Policy # 4.27

  • Prohibited Conduct # 22— Policy # 4.43

Manual Adoption: 2/8/00
Date Adopted: 3/8/1966
Revised: 4/1/2015
Revised: 10/09/18
Revised: 6/26/19
Last Revised: 8/13/2020

4.19 CONDUCT TO AND FROM SCHOOL AND TRANSPORTATION ELIGIBILITY

School buses are operated by the Pulaski County Special School District as an accommodation to students and parents. Riding a bus is a privilege that must not be abused by daily bus riders or those only riding a bus for a field trip. The District’s Student Code of conduct applies to students while traveling to and from school or to and from a school activity to the same extent as if the students were on school grounds. Appropriate disciplinary actions may be taken against commuting students who violate the District’s Student Code of Conduct.

The preceding paragraph also applies to student conduct while on school buses. Students shall be instructed in safe riding practices. The driver of a school bus shall not operate the school bus until every passenger is seated. Bus drivers have the responsibility for obeying all traffic laws and safety procedures, for supervising the behavior of students assigned to them, and for reporting to the school principal those acts of student conduct which are contrary to law, school regulations, or jeopardize the health and safety of persons riding the bus. Principals have the responsibility for acting promptly when acts of misconduct are reported by a bus driver and for proper notification to the student, parent and driver of his disposition of the case.

In addition to other disciplinary measures provided for violations of the District’s Student Code of Conduct, the student’s bus transportation privileges may be suspended or terminated for violations of the Student Code of Conduct related to bus behavior. The transportation to and from school of students who have lost their bus transportation privileges is the responsibility of the student’s parent or guardian. Remember: Parents will be held financially responsible for damage to the inside/outside of the school bus.

Manual Adoption: 2/8/00

Legal References:

  • A.C.A. § 5-60-122

  • A.C.A. § 6-19-119 (b)

  • Ark. Division of Academic Facilities and Transportation Rules Governing Maintenance and Operations of Ark. Public School Buses and Physical Examinations of School Bus Drivers 4.0

Date Adopted: 3/8/83
Last Revised: 3/16/15
Revised: 6/26/19

4.20 DISRUPTION OF SCHOOL

No student shall by the use of violence, force, noise, coercion, threat, intimidation, fear, passive resistance, or any other conduct, intentionally cause the disruption of any lawful mission, process, or function of the school, or engage in any such conduct for the purpose of causing disruption or obstruction of any lawful mission, process, or function. Nor shall any student encourage any other student to engage in such activities.

Disorderly activities by any student or group of students that adversely affect the school’s orderly educational environment shall not be tolerated at any time on school grounds. Teachers may remove from class and send to the principal or principal’s designee office a student whose behavior is so unruly, disruptive, or abusive that it seriously interferes with the teacher’s ability to teach the students, the class, or with the ability of the student’s classmates to learn. Students who refuse to leave the classroom voluntarily will be escorted from the classroom by the school administration.

Legal Reference:
A.C.A. § 6-18-511
DESE Rules Governing Student Discipline and School Safety
Date Adopted: 8/15/15
Last Revised: 8/13/2020

4.21 STUDENT ASSAULT OR BATTERY

A student shall not threaten, physically abuse, or attempt to physically abuse, or behave in such a way as to be perceived to threaten bodily harm to any other person (student, school employee, or school visitor). Any gestures, vulgar, abusive or insulting language, taunting, threatening, harassing, or intimidating remarks by a student toward another person that threatens their well-being is strictly forbidden. This includes, but is not limited to, fighting, racial, ethnic, religious, or sexual slurs.

Furthermore, it is unlawful, during regular school hours, and in a place where a public school employee is required to be in the course of his or her duties, for any person to address a public school employee using language which, in its common acceptation, is calculated to:

  1. Cause a breach of the peace;

  2. Materially and substantially interfere with the operation of the school; or

  3. Arouse the person to whom it is addressed to anger, to the extent likely to cause imminent retaliation.

Students guilty of such an offense may be subject to legal proceedings in addition to any student disciplinary measures.

Manual Adoption: 2/8/00
Legal Reference: A.C.A. § 6-17-106 (a)
DESE Rules Governing Student Discipline and School Safety
Date Adopted: 8/11/15
Revised: 6/26/19
Last Revised: 8/13/2020

4.22 WEAPONS AND DANGEROUS INSTRUMENTS

Definitions

“Firearm" means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use.

“Possession” means having a weapon on the student’s body or in an area under the student’s control.

“Weapon” means any:

  • Firearm;

  • Knife;

  • Razor;

  • Ice pick;

  • Dirk;

  • Box cutter;

  • Nunchucks;

  • Pepper spray, mace, or other noxious spray;

  • Explosive;

  • Taser or other instrument that uses electrical current to cause neuromuscular incapacitation; or

  • Any other instrument or substance capable of causing bodily harm.

No student, except for Military personnel (such as ROTC cadets) acting in the course of their official duties or as otherwise expressly permitted by this policy, shall possess a weapon, display what appears to be a weapon, or threaten to use a weapon before or after school while:

  • In a school building;

  • On or about school property;

  • At any school sponsored activity or event;

  • On route to or from school or any school sponsored activity; or

  • Off the school grounds at any school bus stop.

If, a student discovers, prior to any questioning or search by any school personnel, that he/she has accidentally brought a weapon, other than a firearm, to school on his/her person, in a book bag/purse or, in a vehicle on school grounds, and the student informs the principal or a staff person immediately, the student will not be considered to be in possession of a weapon unless it is a firearm. The weapon shall be confiscated and held in the office until such time as the student’s parent/legal guardian shall pick up the weapon from the school’s office. Repeated offenses are unacceptable and shall be grounds for disciplinary action against the student as otherwise provided for in this policy.

Except as permitted in this policy, students found to be in possession on the school campus of a firearm shall be recommended for expulsion for a period of not less than one (1) year. The superintendent shall have the discretion to modify such expulsion recommendation for a student on a case-by-case basis. Parents or legal guardians of students expelled under this policy shall be given a copy of the current laws regarding the possibility of parental responsibility for allowing a child to possess a firearm on school property. Parents or legal guardians shall sign a statement acknowledging that they have read and understand said laws prior to readmitting the student. Parents or legal guardians of a student enrolling from another school after the expiration of an expulsion period for a firearm policy violation shall also be given a copy of the current laws regarding the possibility of parental responsibility for allowing a child to possess a firearm on school property. The parents or legal guardians shall sign a statement acknowledging that they have read and understand said laws prior to the student being enrolled in school.

The mandatory expulsion requirement for possession of a firearm does not apply to a firearm brought to school for the purpose of participating in activities approved and authorized by the district that include the use of firearms. Such activities may include ROTC programs, hunting safety or military education, or before or after-school hunting or rifle clubs. Firearms brought to school for such purposes shall be brought to the school employee designated to receive such firearms. The designated employee shall store the firearms in a secure location until they are removed for use in the approved activity.

The district shall report any student who brings a firearm to school to the local law enforcement.

Manual Adoption: 2/8/00

Legal References:

  • A.C.A. § 5-4-201

  • A.C.A. § 5-4-401

  • A.C.A. § 5-27-210

  • A.C.A. § 5-73-119(b)(e)(8)(9)(10)

  • A.C.A. § 5-73-133

  • A.C.A. § 6-18-502 (c) (2)(A)(B)

  • A.C.A. § 6-18-507 (e) (1)(2)

  • A.C.A. § 6-21-608

  • 20 USC § 7961

  • DESE Rules Governing Student Discipline and School Safety

Date Adopted: 8/11/15
Revised: 6/26/19
Last Revised: 8/13/2020

4.23 TOBACCO, ELECTRONIC NICOTINE DELIVERY SYSTEMS, AND RELATED PRODUCTS

Smoking or use of tobacco or products containing tobacco in any form (including, but not limited to, cigarettes, cigars, chewing tobacco, and snuff) in or on any real property owned or leased by a District school, including school buses owned or leased by the District, is prohibited. Students who violate this policy may be subject to legal proceedings in addition to student disciplinary measures.

With the exception of recognized tobacco cessation products, this policy’s prohibition includes any tobacco or nicotine delivery system or product. Specifically, the prohibition includes any product that is manufactured, distributed, marketed, or sold as e-cigarettes, e-cigars, e-pipes, or under any other name or descriptor.

Legal Reference: A.C.A. § 6-21-609

Date Adopted: 10/10/72

Revised: 

  • 4/12/83

  • 9/11/84 

  • 11/13/87 

  • 8/11/15

Last Revised: 2/12/20

4.24 DRUGS AND ALCOHOL

An orderly and safe school environment that is conducive to promoting student achievement requires a student population free from the deleterious effects of alcohol and drugs. Their use is illegal, disruptive to the educational environment, and diminishes the capacity of students to learn and function properly in our schools.

Therefore, no student in the Pulaski County Special School District shall possess, attempt to possess, consume, use, distribute, sell, buy, attempt to sell, attempt to buy, give to any person, or be under the influence of any substance as defined in this policy, or what the student represents or believes to be any substance as defined in this policy. This policy applies to any student who: is on or about school property; is in attendance at school or any school-sponsored activity; has left the school campus for any reason and returns to the campus, or is en route to or from school or any school-sponsored activity.

Prohibited substances shall include, but are not limited to: alcohol, or any alcoholic beverage, inhalants or any ingestible matter that alter a student’s ability to act, think, or respond, LSD, or any other hallucinogen, marijuana, cocaine, heroin, or any other narcotic drug, PCP, amphetamines, steroids, “designer drugs,” look-alike drugs, or any controlled substance.

The sale, distribution, or attempted sale or distribution of over-the-counter (OTC) medications, dietary supplement or other perceived health remedy not regulated by the US Food and Drug Administration, or prescription drugs is prohibited. The possession or use of OTC medications, dietary supplement or other perceived health remedy not regulated by the US Food and Drug Administration, or prescription drugs is prohibited except as permitted under Policy 4.35—Student Medications.

Cross Reference: 4.35 Student Medications

Legal Reference: 
A.C.A. § 6-18-502
DESE Rules Governing Student Discipline and School Safety

Manual Adoption: 2/8/00

Date Adopted: 10/10/72

Revised:

  • 8/11/15

  • 6/26/19

  • 2/12/2020

Last Revised: 8/13/2020

4.25 STUDENT DRESS CODE AND GROOMING

The general standards of appearance for students are that they are clean, neat, and properly dressed. They are to observe modes of dress, styles of hair, and standards of personal grooming, which are in conformity with the studious atmosphere necessary in schools. It is the responsibility of each principal to see that no student’s dress is extreme to the point of disturbing the educational atmosphere. If the principal or the teacher determines that a student’s dress or grooming is unacceptable, adequate time will be allowed for the student to make proper adjustments. However, if a student continues to ignore acceptable standards, he will be subject to disciplinary action.

A student will not practice a mode of dress that disrupts the educational process, calls attention to the individual, violates federal, state, or local law, or affects the welfare and safety of students and teachers. Furthermore, students are prohibited from obscene, lewd, or vulgar comments or designs and from wearing clothing directed toward or intended to threaten, intimidate or demean an individual or group of individuals as well as items advertising alcohol, tobacco, or illegal drugs.

A student shall not be disciplined or discriminated against based upon the student's natural, protective, or cultural hairstyle. A student’s natural, protective, or cultural hairstyle includes, without limitation, afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance.

Legal References:

  • A.C.A. § 6-10-137

  • A.C.A. § 6-18-502(c)(1)

  • A.C.A. § 6-18-503(c)

Date Adopted: 10/10/72

Manual Adoption: 2/8/00

Revised:

  • 5/10/83

  • 9/11/84

  • 5/9/00

  • 7/10/07

  • 8/11/15

  • 2/8/22

  • 4/11/23

Last Revised: 7/25/23

4.26 GANGS AND GANG ACTIVITY

The Board is committed to ensuring a safe school environment conducive to promoting a learning environment where students and staff can excel. An orderly environment cannot exist where unlawful acts occur causing fear, intimidation, or physical harm to students or school staff. Gangs and their activities create such an atmosphere and shall not be allowed on school grounds or at school functions.

The following actions are prohibited by students on school property or at school functions:

  1. Wearing or possessing any clothing, bandanas, jewelry, symbol, or other sign associated with membership in, or representative of, any gang;

  2. Engaging in any verbal or nonverbal act such as throwing signs, gestures, or handshakes representative of membership in any gang;

  3. Recruiting, soliciting, or encouraging any person through duress or intimidation to become or remain a member of any gang; and/or

  4. Extorting payment from any individual in return for protection from harm from any gang.

Students found to be in violation of this policy shall be subject to disciplinary action up to and including expulsion.

Students arrested for gang related activities occurring off school grounds shall be subject to the same disciplinary actions as if they had occurred on school grounds.

Manual Adoption: 2/8/00

Legal References:

  • A.C.A. § 5-74-201 et seq

  • A.C.A. § 6-15-1005(b)(2)

Date Adopted: 8/11/15
Revised: 6/26/19

4.27 STUDENT SEXUAL HARASSMENT

The Pulaski County Special School District is committed to providing an academic environment that treats all students with respect and dignity. Student achievement is best attained in an atmosphere of equal educational opportunity that is free of discrimination. Sexual harassment is a form of discrimination that undermines the integrity of the educational environment and will not be tolerated.

The District believes the best policy to create an educational environment free from sexual harassment is prevention; therefore, the District shall provide informational materials and training to students, parents/legal guardians/other responsible adults, and employees on sexual harassment. The informational materials and training on sexual harassment shall be age-appropriate and, when necessary, provided in a language other than English or an accessible format. The informational materials and training shall include, but are not limited to:

  • the nature of sexual harassment;

  • The District’s written procedures governing the formal complaint  grievance process;

  • The process for submitting a formal complaint of sexual harassment;

  • That the district does not tolerate sexual harassment;

  • That students can report inappropriate behavior of a sexual nature without fear of adverse consequences;

  • The supports that are available to individuals suffering sexual harassment; and

  • The potential discipline for perpetrating sexual harassment.

Definitions

“Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.

“Education program or activity” includes locations, events, or circumstances where the District exercised substantial control over both the respondent and the context in which the sexual harassment occurs.

“Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting an investigation of the allegation of sexual harassment.

“Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

“Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following:

  1. A District employee:

a. Conditions the provision of aid, benefit, or service of the District on an individual’s participation in sexual conduct; or
b. Uses the rejection of sexual conduct as the basis for academic decisions affecting that individual;

  1. The conduct is:

a. Unwelcome; and
b. Determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or
c. Constitutes:
d. Sexual assault;
e. Dating violence
f. Domestic violence; or
g. Stalking.

“Supportive measures” means individualized services that are offered to the complainant or made available to the respondent designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party. The supportive measures must be non-disciplinary and non-punitive in nature; offered before or after the filing of a formal complaint or where no formal complaint has been filed; and offered to either party as appropriate, as reasonably available, and without fee or charge. Examples of supportive measures include, but are not limited to: measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment; counseling; extensions of deadlines or other course-related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; changes in work or class locations; leaves of absence; and increased security and monitoring of certain areas of the campus.

Within the educational environment, sexual harassment is prohibited between any of the following: students; employees and students; and non-employees and students.

Actionable sexual harassment is generally established when an individual is exposed to a pattern of objectionable behaviors or when a single, serious act is committed. What is, or is not, sexual harassment will depend upon all of the surrounding circumstances and may occur regardless of the sex(es) of the individuals involved. Depending upon such circumstances, examples of sexual harassment include, but are not limited to:

  • Making sexual propositions or pressuring for sexual activities;

  • Unwelcome touching;

  • Writing graffiti of a sexual nature;

  • Displaying or distributing sexually explicit drawings, pictures, or written materials;

  • Performing sexual gestures or touching oneself sexually in front of others;

  • Telling sexual or crude jokes;

  • Spreading rumors related to a person’s alleged sexual activities;

  • Discussions of sexual experiences;

  • Rating other students or employees as to sexual activity or performance;

  • Circulating or showing e-mails or Web sites of a sexual nature;

  • Intimidation by words, actions, insults, or name-calling; and

  • Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether or not the individual self-identifies as homosexual or transgender.

Students who believe they have been subjected to sexual harassment, or the parent/legal guardian/other responsible adult of a student who believes their student has been subjected to sexual harassment, are encouraged to bring their concerns to any District staff member, including a counselor, teacher, Title IX coordinator, or administrator. If the District staff member who received a report of alleged sexual harassment is not the Title IX Coordinator, then the District staff person shall inform the Title IX Coordinator of the alleged sexual harassment. As soon as reasonably possible after receiving a report of alleged sexual harassment from another District staff member or after receiving a report directly through any means, the Title IX Coordinator shall contact the complainant to:

  • Discuss the availability of supportive measures;

  • Consider the complainant’s wishes with respect to supportive measures;

  • Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint; and

  • explain to the complainant the process for filing a formal complaint.

Supportive Measures

The District shall offer supportive measures to the complainant and make supportive measures available to the respondent that are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party before or after the filing of a formal complaint or where no formal complaint has been filed. The District shall provide the individualized supportive measures to the complainant unless declined in writing by the complainant and shall provide individualized supportive measures that are non-disciplinary and non-punitive to the respondent. A complainant who initially declined the District’s offer of supportive measures may request supportive measures at a later time and the District shall provide individualized supportive measures based on the circumstances when the subsequent request is received.

Formal Complaint

A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by email. Upon receipt of a formal complaint, a District shall simultaneously provide the following written notice to the parties who are known: 

  • Notice of the District’s grievance process and a copy of the procedures governing the grievance process;

  • Notice of the allegations of sexual harassment including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include:

  • The identities of the parties involved in the incident, if known;

  • The conduct allegedly constituting sexual harassment; and

  • The date and location of the alleged incident, if known;

  • A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;

  • That the parties may have an advisor of their choice, who may be, but is not required to be, an attorney;

  • That the parties may inspect and review evidence relevant to the complaint of sexual harassment; and

  • That the District’s code of conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If in the course of an investigation, the District decides to investigate allegations about the complainant or respondent that are not included in the previous notice, the District shall simultaneously provide notice of the additional allegations to the parties whose identities are known.

The District may consolidate formal complaints of allegations of sexual harassment where the allegations of sexual harassment arise out of the same facts or circumstances and the formal complaints are against more than one respondent, or by more than one complainant against one or more respondents; or by one party against the other party. When the District has consolidated formal complaints so that the grievance process involves more than one complainant or more than one respondent, references to the singular “party”, “complainant”, or “respondent” include the plural, as applicable.

When investigating a formal complaint and throughout the grievance process, a District shall:

  • Ensure that the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the District and not on the parties;

  • Not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege or access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party unless the District obtains the parent, legal guardian, or other responsible adult of that party’s voluntary, written consent of that party’s voluntary, written consent of the party is over the age of eighteen (18) to do so for the grievance process;

  • Provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence;

  • Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence; 

  • Provide the parties with the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney, and not limit the choice or presence of advisor for either the complainant or respondent in any meeting or grievance proceeding;

  • Provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate;

  • Provide both parties an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation ; this includes evidence:

    • Whether obtained from a party or other source,;

    • The District does not intend to rely upon in reaching a determination regarding responsibility; and

    • That is either Inculpatory or exculpatory; and

  • Create an investigative report that fairly summarizes relevant evidence.

At least ten (10) days prior to completion of the investigative report, the District shall send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy. The parties shall have at least ten (10) days to submit a written response to the evidence. The investigator will consider the written responses prior to the completion of the investigative report. All evidence subject to inspection and review shall be available for the parties’ inspection and review at any meeting to give each party equal opportunity to refer to such evidence during the meeting.

After the investigative report is sent to the parties, the decision-maker shall:

  • Provide each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness;

  • Provide each party with the answers;

  • Allow for additional, limited follow-up questions from each party; and

  • Provide an explanation to the party proposing the questions any decision to exclude a question as not relevant. Specifically, questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

     

No earlier than ten (10) days following the completion of the investigation period, the decision-maker, who cannot be the same person as the Title IX Coordinator or the investigator, shall issue a written determination regarding responsibility. The written determination shall include— 

  1. Identification of the allegations potentially constituting sexual harassment;

  2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including:

a. Any notifications to the parties;
b. Interviews with parties and witnesses;
c. site visits;
d. Methods used to gather other evidence; and
e. Hearings held;

  1. Findings of fact supporting the determination;

  2. Conclusions regarding the application of the District’s code of conduct to the facts;

  3. A statement of, and rationale for, the result as to each allegation, including:

a. A determination regarding responsibility;
b. Any disciplinary sanctions imposed on the respondent; and
c. Whether remedies designed to restore or preserve equal access to the District’s education program or activity will be provided by the District to the complainant; and

  1. The procedures and permissible bases for the complainant and respondent to appeal.

 

The written determination shall be provided to the parties simultaneously. The determination regarding responsibility shall become final on the earlier of:

  • If an appeal is not filed, the day after the period for an appeal to be filed expires; or

  • If an appeal is filed, the date the written determination of the result of the appeal is provided to the parties.

The District shall investigate the allegations in a formal complaint. If the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this policy even if proved; did not occur in the District’s education program or activity; or did not occur against a person in the United States, then the District shall dismiss the complaint as not meeting the definition of sexual harassment under this policy. A dismissal for these reasons does not preclude action under another provision of the District’s code of conduct.

The District may dismiss the formal complaint or any allegations therein, if at any time during the grievance process:

  • The complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;

  • The respondent is no longer enrolled at the District; or

  • Specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon the dismissal of a formal complaint for any reason, the District shall promptly send written notice of the dismissal and reason(s) for the dismissal simultaneously to the parties.

The District may hire an individual or individuals to conduct the investigation or to act as the determination-maker when necessary.

Appeals

Either party may appeal a determination regarding responsibility or from a dismissal of a formal complaint or any allegations therein, on the following bases: 

a. The existence of a procedural irregularity that affected the outcome of the matter; 
b. Discovery of new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
c. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; or
d. An appeal of the disciplinary sanctions from the initial determination.

For all appeals, the District shall:

  1. Notify the other party in writing when an appeal is filed;

  2. Simultaneously Provide all parties a written copy of the District’s procedures governing the appeal process;

  3. Implement appeal procedures equally for both parties;

  4. Ensure that the decision-maker5 for the appeal is not the same person as the decision-maker that reached the original determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator; 

  5. Provide all parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;

  6. Issue a written decision describing the result of the appeal and the rationale for the result; and

  7. Provide the written decision simultaneously to both parties.

Confidentiality

Reports of sexual harassment, both informal reports, and formal complaints, will be treated in a confidential manner to the extent possible. Limited disclosure may be provided to:

  • individuals who are responsible for handling the District’s investigation and determination of responsibility to the extent necessary to complete the District’s grievance process;

  • Submit a report to the child maltreatment hotline;

  • Submit a report to the Professional Licensure Standards Board for reports alleging sexual harassment by an employee towards a student; or

  • The extent necessary to provide either party due process during the grievance process.

Except as listed above, the District shall keep confidential the identity of:

  • Any individual who has made a report or complaint of sex discrimination;

  • Any individual who has made a report or filed a formal complaint of sexual harassment;

  • Any complainant;

  • Any individual who has been reported to be the perpetrator of sex discrimination;

  • Any respondent; and

  • Any witness.

Any supportive measures provided to the complainant or respondent shall be kept confidential to the extent that maintaining such confidentiality does not impair the ability of the District to provide supportive measures.

Emergency removal

The District may remove a respondent from the District’s education program or activity on an emergency basis only after the completion of an individualized safety and risk analysis that determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal. A removed student will be provided with notice and an opportunity to challenge the removal decision immediately following the removal.

Retaliation Prohibited

Students, or the parents/legal guardians/ other responsible adult of a student, who submit a report or file a formal complaint of sexual harassment; testified; assisted; or participate or refused to participate in any manner in an investigation, proceeding, or hearing on sexual harassment shall not be subjected to retaliation or reprisal in any form, including threats; intimidation; coercion; discrimination; or charges for code of conduct violations that do not involve sex discrimination or sexual harassment, arise out of the same facts or circumstances as a report or formal complaint of sex discrimination and are made for the purpose of interfering with any right or privilege under this policy. The District shall take steps to prevent retaliation and shall take immediate action if any form of retaliation occurs regardless of whether the retaliatory acts are by District officials, students, or third parties.

Disciplinary Sanctions

It shall be a violation of this policy for any student to be subjected to, or to subject another person to, sexual harassment. Following the completion of the District’s grievance process, any student who is found by the evidence to more likely than not have engaged in sexual harassment will be subject to disciplinary action up to, and including, expulsion. No disciplinary sanction or other action that is not a supportive measure may be taken against a respondent until the conclusion of the grievance process.

Students who knowingly fabricate allegations of sexual harassment or purposely provide inaccurate facts shall be subject to disciplinary action up to and including expulsion. A determination that the allegations do not rise to the level of sexual harassment alone is not sufficient to conclude that any party made a false allegation or materially false statement in bad faith.

Records

The District shall maintain the following records for a minimum of seven (7) years:

  • Each sexual harassment investigation including:

  • Any determination regarding responsibility;

  • any disciplinary sanctions imposed on the respondent;

  • Any remedies provided to the complainant designed to restore or preserve equal access to the District’s education program or activity; 

  • Any appeal and the result therefrom; 

  • All materials used to train Title IX Coordinators, investigators, and decision-makers;

  • Any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment, which must include:

    • The basis for the District’s conclusion that its response was not deliberately indifferent; and

    • Document:

      • If supportive measures were provided to the complainant, the supportive measures taken designed to restore or preserve equal access to the District’s education program or activity; or

      • If no supportive measures were provided to a complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

Cross References:

  • 3.26—LICENSED PERSONNEL SEXUAL HARASSMENT

  • 4.11—EQUAL EDUCATIONAL OPPORTUNITY

  • 5.20—DISTRICT WEBSITE

  • 7.15—RECORD RETENTION AND DESTRUCTION

  • 8.20—CLASSIFIED PERSONNEL SEXUAL HARASSMENT

Legal References:

  • Title IX of the Education Amendments of 1972, 20 USC

    1681, et seq.

  • 34 CFR part 106

  • A.C.A. § 6-15-1005 (b) (1)

  • 20 USC 1681 et seq.

  • 34 C.F.R. Part 106

  • A.C.A. § 6-18-502

  • A.C.A. § 12-18-102

Manual Adoption: 2/8/11

Date Adopted: 8/11/15

Revised: 2/19/18

Revised: 9/8/2020

Last Revised: 2/8/22

4.28 LASER POINTERS

Students shall not possess any handheld laser pointer while in school; on or about school property, before or after school; in attendance at school or any school-sponsored activity; en route to or from school or any school-sponsored activity; off the school grounds at any school bus stop or at any school-sponsored activity or event. School personnel shall seize any laser pointer from the student possessing it and the student may reclaim it at the close of the school year, or when the student is no longer enrolled in the District.

Manual Adoption: 2/8/00
Legal References: A.C.A. § 6-18-512
DESE Rules Governing Student Discipline and School Safety
Date Adopted: 8/11/15
Revised: 6/26/19
Last Revised: 8/13/2020

4.30 SUSPENSION FROM SCHOOL

Students who are not present at school cannot benefit from the educational opportunities the school environment affords. Administrators, therefore, shall strive to find ways to keep students in school as participants in the educational process. There are instances, however, when the needs of the other students or the interests of the orderly learning environment require the removal of a student from school. The Board authorizes school principals or their designees to suspend students for disciplinary reasons for a period of time not to exceed ten (10) school days, including the day upon which the suspension is imposed. The suspension may be in school or out of school. Students are responsible for their conduct that occurs:

  • At any time on the school grounds;

  • Off school grounds at a school-sponsored function, activity, or event; and

  • Going to and from school or a school activity.

A student may be suspended for behavior including, but not limited to, that which:

1. Is in violation of school policies, rules, or regulations;

2. Substantially interferes with the safe and orderly educational environment;

3. School administrators believe will result in the substantial interference with the safe and orderly educational environment; and/or

4. Is insubordinate, incorrigible, violent, or involves moral turpitude.

Out-of-school suspension (OSS) shall not be used to discipline a student in kindergarten through fifth (5th) grade unless the student's behavior:
a. Poses a physical risk to himself or herself or to others;
b. Causes a serious disruption that cannot be addressed through other means; or
c. Is the act of bringing a firearm on school campus.

OSS not be used to discipline a student for skipping class, excessive absences, or other forms of truancy.

The school principal or designee shall proceed as follows in deciding whether or not to suspend a student:
1. The student shall be given written notice or advised orally of the charges against him/her;
2. If the student denies the charges, he/she shall be given an explanation of the evidence against him/her and be allowed to present his/her version of the facts; and
3. If the principal finds the student guilty of the misconduct, he/she may be suspended.

When possible, notice of the suspension, its duration, and any stipulations for the student’s re-admittance to class will be given to the parent(s), legal guardian(s), person(s) with lawful control of the student, person(s) standing in loco parentis, or to the student if age eighteen (18) or older prior to the suspension. Such notice shall be handed to the parent(s), legal guardian(s), person(s) having lawful control of the student, person(s) standing in loco parentis, or to the student if age eighteen (18) or older or mailed to the last address reflected in the records of the school district.

Generally, notice and hearing should precede the student's removal from school, but if prior notice and hearing are not feasible, as where the student's presence endangers persons or property or threatens disruption of the academic process, thus justifying immediate removal from school, the necessary notice and hearing should follow as soon as practicable.

It is the responsibility of a student’s parents or legal guardians, person having lawful control of the student, or person standing in loco parentis to provide current contact information to the district, which the school shall use to immediately notify the parent, or legal guardian, person having lawful control of a student, or person standing in loco parentis upon the suspension of a student. The notification shall be by one of the following means, listed in order of priority:

  • A primary call number;

  • The contact may be by voice, voice mail, or text message.

  • An email address;

  • A regular first class letter to the last known mailing address.

The district shall keep a log of contacts attempted and made to the parent, legal guardian, person having lawful control of the student, or person standing in loco parentis.

The District shall establish programs, measures, or alternative means and methods to continue student engagement and access to education during a student’s period of OSS.

During the period of their suspension, students serving OSS are not permitted on campus except to attend a student/parent/administrator conference or when necessary as part of the District’s engagement or access to education program.

During the period of their suspension, students serving in-school suspension shall not attend or participate in any school-sponsored activities during the imposed suspension.

Suspensions initiated by the principal or his/her designee may be appealed to the Superintendent, but not to the Board.

Suspensions initiated by the Superintendent may be appealed to the Board.

Cross Reference: 4.7 Absences

Legal References:

  • A.C.A. § 6-18-507

  • Goss v Lopez, 419 U.S. 565 (1975)

  • DESE Rules Governing Student Discipline and School Safety

Date Adopted: 10/10/72
Revised: 11/14/72
Revised: 04/17/79
Revised: 08/11/15
Revised: 10/16/17
Last Revised: 6/26/19
Last Revised: 8/13/2020

4.31 EXPULSION

The Board of Education may expel a student for a period longer than ten (10) school days for violating the District’s written discipline policies. The Superintendent may make a recommendation of expulsion to the Board of Education for student conduct: Deemed to be of such gravity that suspension would be inappropriate;

  • Where the student’s continued attendance at school would disrupt the orderly learning environment; or

  • Would pose an unreasonable danger to the welfare of other students or staff.

Expulsion shall not be used to discipline a student in kindergarten through fifth (5th) grade unless the student's behavior: 

a. Poses a physical risk to himself or herself or to others;
b. Causes a serious disruption that cannot be addressed through other means; or
c. Is the act of bringing a firearm onto the school campus.

The Superintendent or his/her designee shall give written notice to the parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis (mailed to the address reflected on the District’s records) that he/she will recommend to the Board of Education that the student be expelled for the specified length of time and state the reasons for the recommendation to expel. The notice shall give the date, hour, and place where the Board of Education will consider and dispose of the recommendation.

The hearing shall be conducted not later than ten (10) school days following the date of the notice, except that representatives of the Board and the student may agree in writing to a date not conforming to this limitation.

The President of the Board, Board attorney, or other designated Board member shall preside at the hearing. The student may choose to be represented by legal counsel. The district administration and School Board may also be represented by legal counsel. The hearing shall be conducted in open session of the Board unless the parent, legal guardians, persons having lawful control of the student, or persons standing in loco parentis or student if age eighteen (18) or older, requests that the hearing be conducted in executive session. Any action taken by the Board shall be in open session.

During the hearing, the Superintendent, designee, or representative will present evidence, including the calling of witnesses that gave rise to the recommendation of expulsion. The student, or his/her representative, may then present evidence, including statements from persons with personal knowledge of the events or circumstances relevant to the charges against the student. Formal cross-examination will not be permitted; however, any member of the Board, the Superintendent, or designee, the student, or his/her representative may question anyone making a statement and/or the student. The presiding officer shall decide questions concerning the appropriateness or relevance of any questions asked during the hearing.

Except as permitted by policy 4.22, the Superintendent shall recommend the expulsion of any student for a period of not less than one (1) year for possession of any firearm prohibited on the school campus by law. The Superintendent shall, however, have the discretion to modify the expulsion recommendation for a student on a case-by-case basis. Parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis of a student enrolling from another school after the expiration of an expulsion period for a weapons policy violation shall be given a copy of the current laws regarding the possibility of parental responsibility for allowing a child to possess a weapon on school property. The parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis shall sign a statement acknowledging that they have read and understand said laws prior to the student being enrolled in school.

The Superintendent and the Board of Education shall complete the expulsion process of any student that was initiated because the student possessed a firearm or other prohibited weapon on school property, regardless of the enrollment status of the student.

The District shall establish programs, measures, or alternative means and methods to continue student engagement and access to education during a student’s period of expulsion.

Cross Reference: Policy 4.22—Weapons and Dangerous Instruments

Legal References:

  • A.C.A. § 6-18-502

  • A.C.A. § 6-18-507

  • DESE Rules Governing Student Discipline and School Safety

  • Date Adopted:  10/10/72

Revised:

  • 8/11/15

  • 10/16/17

  • 6/26/19

  • 8/13/20

  • 2/14/23

Last Revised: 8/8/23

4.32 SEARCH, SEIZURE, AND INTERROGATIONS

The District respects the rights of its students against arbitrary intrusion of their person and property. At the same time, it is the responsibility of school officials to protect the health, safety, and welfare of all students enrolled in the District in order to promote an environment conducive to student learning. The Superintendent, principals, and their designees have the right to inspect and search school property and equipment. They may also search students and their personal property in which the student has a reasonable expectation of privacy, when there is reasonable and individualized suspicion to believe such student or property contains illegal items or other items in violation of Board policy or dangerous to the school community. School authorities may seize evidence found in the search and disciplinary action may be taken. Evidence found which appears to be in violation of the law shall be reported to the appropriate authority.

School property shall include, but not be limited to, lockers, desks, and parking lots, as well as personal effects left there by students. When possible, prior notice will be given and the student will be allowed to be present along with an adult witness; however, searches may be done at any time with or without notice or the student’s consent. A personal search must not be excessively intrusive in light of the age and sex of the student and the nature of the infraction.

The Superintendent, principals, and their designees may request the assistance of law enforcement officials to help conduct searches. Such searches may include the use of specially trained dogs.

A school official of the same sex shall conduct personal searches with an adult witness of the same sex present.

State Law requires that Department of Human Services employees, local law enforcement, or agents of the Crimes Against Children Division of the Division of Arkansas State Police, may interview students without a court order for the purpose of investigating suspected child abuse. In instances where the interviewers deem it necessary, they may exercise a “72-hour hold ” without first obtaining a court order. Other questioning of students by non-school personnel shall be granted only with a court order directing such questioning, with permission of the parents of a student (or the student if above eighteen [18] years of age), or in response to a subpoena or arrest warrant.

If the District makes a report to any law enforcement agency concerning student misconduct or if access to a student is granted to a law enforcement agency due to a court order, the principal or the principal’s designee shall make a good faith effort to contact the student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis. The principal or the principal's designee shall not attempt to make such contact if presented documentation by the investigator that notification is prohibited because a parent, guardian, person having lawful control of the student, or person standing in loco parentis is named as an alleged offender of the suspected child maltreatment. This exception applies only to interview requests made by a law enforcement officer, an investigator of the Crimes Against Children Division of the Division of Arkansas State Police, or an investigator or employee of the Department of Human Services.

In instances other than those related to cases of suspected child abuse, principals must release a student to either a police officer who presents a subpoena for the student, or a warrant for arrest, or to an agent of state social services or an agent of a court with jurisdiction over a child with a court order signed by a judge. Upon release of the student, the principal or designee shall give the student’s parent, legal guardian, or other person having lawful control of the student, or person standing in loco parentis notice that the student has been taken into custody by law enforcement personnel or a state’s social services agency. If the principal or designee is unable to reach the parent, he or she shall make a reasonable, good faith effort to get a message to the parent to call the principal or designee, and leave both a day and an after-hours telephone number.

Students have the right to be protected from unreasonable search and seizure by either state, federal or school officials.

School administrators have the responsibility to make a determination of the point at which the student’s right to protection against unreasonable search and seizure is in conflict with the administrator’s official duty to maintain a safe, orderly and efficient school. Search and seizure by the administrator or his designee may occur when reasonable suspicion exists.

A student’s person and/or personal effects may be searched whenever a school authority has reasonable and individualized suspicion to believe that the student is in possession of illegal or unauthorized materials. Parents must pick up confiscated possessions such as, but not limited to radios, tape/CD players, pagers, cell phones, or other electronic communication devices by the end of each semester.

If a pat-down search of a student’s person is conducted, it shall be conducted in private by a school official of the same sex in the presence of an adult witness of the same sex.

Search and seizure by law enforcement officials will occur only when probable cause exists. School administrators have the responsibility to make students aware of search and seizure procedures involving school property or person.

Metal detectors will be used for general scanning in all schools. General scans will be defined as the use of metal detectors to search all students who are present at school on the day of the search.

School employees who are not wearing ID badges and patrons may be subject to scanning when entering a school building during the day.

All individuals may be subject to general scanning when entering buildings, gymnasiums and stadiums for events and activities scheduled outside the school day.

If weapons or illegal substances are found during the process of scanning, District policy, local, state and federal laws will be followed.

Procedures for scanning are as follows:

  1. Each secondary principal will have a prepared plan for general scanning in their buildings.
    These plans will be on file in the office of the Executive Director of Operations or his designee.
    Said plan will include details related to:

    • The number of teachers to be used in the scanning process

    • Staff assignment

    • Procedures for search of the grounds and buses

    • Procedures for securing the building so that when general student population scanning takes place, students may not enter or leave except through designated exits/entrances

    • Provisions for locker searches

  2. Within 48 hours of either a random or a general scan, a written report using the form available for this purpose will be submitted to the Executive Director of Operations or his designee.
    Any teacher/school employee who observes scanning will initial form when scanning is complete.

  3. The scanner will be available for elementary schools provided a building-level plan has been established and students’ parents/guardians have been notified.

  4. The conduct of scan searches will follow these listed procedures:

    • The metal detector will be passed over the student on each side, front and back.

    • If any metal is registered, the student may be:

    • instructed to empty his pockets;

    • instructed to pull up his pant leg so that socks and shoes may be checked;

    • asked to take off jackets to be hand searched;

    • asked to submit purses/book bags for search;

    • asked to turn a belt buckle over to expose the backside in order to ensure that no weapon is concealed.

  5. Once the object that caused the alarm is located, and the alarm does not sound when passed over the student, the search will stop.

  6. If after completing these procedures there is still a reasonable belief that the student is concealing a weapon on his person based on the sounds produced by the metal detector, the student may be asked to accompany an administrator to the office.
    In the privacy of an office and with a teacher of the same sex present as a witness, the student will be asked to produce any weapon or metal items on his person. At no time will a strip search be conducted. If a pat-down search of a student’s person is conducted, it will be performed by a school official or a certified employee of the same sex who has volunteered to conduct the search. If the proposed designee should refuse to participate, that refusal will not be reflected on the employee’s record. The search will be conducted in private and in the presence of an adult witness of the same sex.
    If the above measures do not yield the object that is causing the detector to indicate the presence of an object, then the student’s parent/guardian will be contacted and the student will be detained until the parent/guardian comes to school. If the parent/guardian will not or cannot aid in locating the object that is present, the parent/guardian will be informed that the police will be contacted for assistance.
    Arkansas Statute 5-73-122 and School Law of Arkansas 6-21-608 give ample justification for police assistance in that reasonable cause has been established that the student is secreting an illegal object on his person that is believed to be a weapon.

  7. The media will not be present during scanning activities, nor will pictures be taken of students who are being scanned.

Legal References:

  • A.C.A. § 6-18-513

  • A.C.A. § 9-13-104

  • A.C.A. § 12-18-608, 609, 610, 613

  • A.C.A. § 12-18-1001, 1005

Date Adopted: 4/10/18
Revised: 6/26/19

4.33 STUDENTS' VEHICLES

A student who has presented a valid driver’s license and proof of insurance to the appropriate office personnel, may drive his/her vehicle to school. Vehicles driven to school shall be parked in the area designated for student parking. Parking on school property is a privilege which may be denied to a student for any disciplinary violation, at the discretion of the student's building principal.

Students are not permitted to loiter in parking areas and are not to return to their vehicles during the school day for any reason unless given permission to do so by school personnel.

It is understood that there is no expectation of privacy in vehicles in parking areas. Drivers of vehicles parked on a school campus will be held accountable for illegal substances or any other item prohibited by District policy found in their vehicle. The act of a student parking a vehicle on campus is a grant of permission for school or law enforcement authorities to search that vehicle.

Date Adopted: 10/10/72
Last Revised: 7/13/82
Last Revised: 5/10/83
Last Revised: 8/11/15
Manual Adoption: 2/8/00

4.34 COMMUNICABLE DISEASES AND PARASITES

Students with communicable diseases or with human host parasites that are transmittable in a school environment shall demonstrate respect for other students by not attending school while they are capable of transmitting their condition to others. Students whom the school nurse determines are unwell or unfit for school attendance or who are believed to have a communicable disease or condition will be required to be picked up by their parent or guardian. Specific examples include, but are not limited to: chicken pox, measles, scabies, conjunctivitis (Pink Eye), impetigo/MRSA (Methicillin-resistant Staphylococcus aureus), streptococcal and staphylococcal infections, ringworm, mononucleosis, Hepatitis A, B, or C, mumps, vomiting, diarrhea, and fever (100.4 F when taken orally). A student who has been sent home by the school nurse will be subsequently readmitted, at the discretion of the school nurse, when the student is no longer a transmission risk. In some instances, a letter from a health care provider may be required prior to the student being readmitted to the school.

To help control the possible spread of communicable diseases, school personnel shall follow the District's exposure control plan when dealing with any bloodborne, foodborne, and airborne pathogens exposures. Standard precautions shall be followed relating to the handling, disposal, and cleanup of blood and other potentially infectious materials such as all body fluids, secretions, and excretions (except sweat). In instances where the probable spread is airborne diseases (i.e., the novel coronavirus), students and district personnel will wear appropriate face coverings in all school facilities, outside school facilities when physical distancing is not possible, and when riding school buses when deemed appropriate by the PCSSD Board of Education.

The District shall maintain a copy of each student's immunization record and a list of individuals with exemptions from immunization which shall be education records as defined in policy 4.13. That policy provides that an education record may be disclosed 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.

A student enrolled in the District who has an immunization exemption may be removed from school at the discretion of the Arkansas Department of Health during an outbreak of the disease for which the student is not vaccinated. The student may not return to the school until the outbreak has been resolved and the student's return to school is approved by the Arkansas Department of Health.

The parents or legal guardians of students found to have live human host parasites that are transmittable in a school environment will be asked to pick their child up at the end of the school day. The parents or legal guardians will be given information concerning the eradication and control of human host parasites. A student may be readmitted after the school nurse or designee has determined the student no longer has live human host parasites that are transmittable in a school environment.

Each school may conduct screenings of students for human host parasites that are transmittable in a school environment as needed. The screenings shall be conducted in a manner that respects the privacy and confidentiality of each student.

Manual Adoption: 2/8/00

Cross References:

  • 4.2 Entrance Requirements

  • 4.13 Privacy of Students’ Records/ Directory Information

Legal References:

  • A.C.A. § 6-18-702

  • Arkansas State Board of Health Rules Pertaining To Immunization Requirements

  • Division of Elementary and Secondary Education Rules Governing Kindergarten Through 12th Grade Immunization Requirements

Date Adopted: 8/11/15
Revised: 6/26/19
Last Revised: 3/9/2021

4.35 STUDENT MEDICATIONS

Prior to the administration of any medication to any student under the age of eighteen (18), written parental consent is required. The consent form shall include authorization to administer the medication and relieve the Board and its employees of civil liability for damages or injuries resulting from the administration of medication to students in accordance with this policy. All signed medication consent forms are to be maintained by the school nurse.

Unless authorized to self-administer or otherwise authorized by this policy, students are not allowed to carry any medications, including over-the-counter (OTC) medications or any dietary supplement or other perceived health remedies not regulated by the US Food and Drug Administration while at school. The parent or legal guardian shall bring the student’s medication to the school nurse. When medications are brought to the school nurse, the nurse shall document, in the presence of the parent, the quantity of the medication(s).

Medications, including those for self-administration, must be in the original container and be properly labeled with the student’s name, the ordering provider’s name, the name of the medication, the dosage, frequency, and instructions for the administration of the medication (including times to be administered). Additional information accompanying the medication shall state the purpose of the medication, its possible side effects, and any other pertinent instructions (such as special storage requirements) or warnings. Schedule II medications permitted by this policy to be brought to school shall be stored in a double-locked cabinet.

Students with an individualized health plan (IHP) may be given OTC medications to the extent giving such medications are included in the student's IHP and must include the information listed above.

The district’s supervising registered nurse is responsible for creating procedures for administering medications on and off campus.

The school shall not keep outdated medications or any medications past the end of the school year. Parents shall be notified in writing ten (10) days in advance of the school’s intention to dispose of any medication. If there is no response from the parent, the nurse must follow up via phone until the parent is reached. Medications not picked up by the parents or legal guardians within the ten (10) day period shall be disposed of by the school nurse in accordance with current law and rules.

Schedule II Medications

The only Schedule II medications that shall be allowed to be brought to the school are methylphenidate (e.g., Ritalin or closely related medications as determined by the school nurse), dextroamphetamine (Dexedrine), and amphetamine sulfate (e.g., Adderall or closely related medications as determined by the school nurse).

For the student's safety, no student will be allowed to attend school if the student is currently taking any other Schedule II medication than permitted by this policy. Students who are taking Schedule II medications which are not allowed to be brought to school shall be eligible for homebound instruction if provided for in their IEP or 504 plans.

Self-Administration of Medication

Students who have written permission from their parent or guardian and a licensed health care practitioner on file with the District may:

  1. Self-administer either a rescue inhaler or auto-injectable epinephrine;

  2. Perform his/her own blood glucose checks;

  3. Administer insulin through the insulin delivery system the student uses;

  4. Treat the student’s own hypoglycemia and hyperglycemia; or

  5. Possess on his or her person:

    1. A rescue inhaler or auto-injectable epinephrine; or

    2. the necessary supplies and equipment to perform his/her own diabetes monitoring and treatment functions.

A student may be authorized to self-administer a stress dose medication to treat the student’s adrenal insufficiency with:

  1. The written authorization of the student's parent, legal guardian, or person standing in loco parentis; and

  2. A written order from the student's treating physician stating that the student:

a. Is capable of completing the proper method of self-administration of the stress dose medication; and
b. Has been instructed on the details of the student’s medical condition and the events that may lead to an adrenal crisis.

The parent, legal guardian, or person standing in loco parentis of a student who is authorized to self-administer a stress dose medication shall sign an IHP developed by the school nurse for the school where the student is enrolled. The IHP shall include a requirement for the notification of appropriate staff following the self-administration of a stress dose medication, which shall include the school nurse, the teacher of the classroom where the stress dose medication was administered, and a school administrator.

Students who have a current consent form on file shall be allowed to carry and self-administer such medication while:

  • In school;

  • At an on-site school-sponsored activity;

  • While traveling to or from school; or

  • At an off-site school-sponsored activity.

A student is prohibited from sharing, transferring, or in any way diverting his/her medications to any other person. The fact that a student with a completed consent form on file is allowed to carry a rescue inhaler, auto-injectable epinephrine, diabetes medication, stress dose medication, or combination does not require the student to have such on the student’s person. The parent or guardian of a student who qualifies under this policy to self-carry a rescue inhaler, auto-injectable epinephrine, diabetes medication, stress dose medication, or any combination on the student’s person shall provide the school with the appropriate medication, which shall be immediately available to the student in an emergency.

Students may possess and use a topical sunscreen that is approved by the United States Food and Drug Administration for OTC use to avoid overexposure to the sun without written authorization from a parent, legal guardian, or healthcare professional while the student is on school property or at a school-related event or activity. The parent or guardian of a student may provide written documentation authorizing designated District personnel previously trained by the school nurse, in addition to the school nurse, to assist a student in the application of sunscreen. The District employee(s) named in the parent or legal guardian’s written authorization shall not be required to assist the student in the application of sunscreen.

Emergency Administration of Glucagon and Insulin

Students may be administered Glucagon, insulin, or both in emergency situations by the school nurse, provided the student has the following:

  1. An IHP that provides for the administration of Glucagon, insulin, or both in emergency situations; and

  2. A current, valid consent form on file from their parent or guardian.

A student shall have access to a private area to perform diabetes monitoring and treatment functions as outlined in the student’s IHP.

Emergency Administration of Epinephrine

The school nurse or other school employees designated by the school nurse as a care provider who has been trained and certified by a certified training body, the state school nurse consultant of the Arkansas Department of Education, and the community health nurse specialist (CHNS) of  Arkansas Department of Health may administer an epinephrine auto-injector in emergency situations to students who have an IHP that provides for the administration of an epinephrine auto-injector in emergency situations.

The parent of a student who has an authorizing IHP, or the student if over the age of eighteen (18), shall annually complete and sign a written consent form provided by the student's school nurse authorizing the nurse or other school employee(s) certified to administer auto-injector epinephrine to the student when the employee believes the student is having a life-threatening anaphylactic reaction.

Students with an order from a licensed health care provider to self-administer auto-injectable epinephrine and who have written permission from their parent or guardian shall provide the school nurse an epinephrine auto-injector. This epinephrine will be used in the event the school nurse or other school employee certified to administer auto-injector epinephrine, in good faith, professionally believes the student is having a life-threatening anaphylactic reaction and the student is either not self-carrying his/her /epinephrine auto-injector or the nurse is unable to locate it.

The school nurse for each District school shall keep epinephrine auto-injectors on hand that are suitable for the students the school serves. It is the parent’s responsibility to provide an epi-pen for their student. The school nurse or other school employee designated by the school nurse as a care provider who has been trained and certified by a licensed physician may administer auto-injector epinephrine to those students who the school nurse or other school employee certified to administer auto-injector epinephrine in good faith professionally believes is having a life-threatening anaphylactic reaction.

Emergency Administration of Albuterol

The school nurse may administer albuterol in emergency situations to students who have an IHP that provides for the administration of albuterol in emergency situations. It is the parent’s responsibility to provide a rescue inhaler for their student who has a diagnosis that may require a rescue dose of albuterol. The parent of a student who has an authorizing IHP, or the student is over the age of eighteen (18), shall annually complete and sign a written consent form provided by the student's school nurse authorizing the nurse to administer albuterol to the student when the employee believes the student is in perceived respiratory distress. The school nurse may also administer albuterol to those students without an IHP who the school nurse, in good faith, professionally believes are in perceived respiratory distress.

Emergency Administration of Anti-opioid

The school nurse for each District school shall keep anti-opioid injectors on hand, and the school nurse and school resource officer shall possess an anti-opioid at all times when on duty. The school nurse, another school employee, volunteer, or student may administer anti-opioid in accordance with the District’s procedures to a student who the school nurse, or other observers, in good faith, believes is having an opioid overdose.

An opioid overdose rescue kit shall be placed within all storage locations in the District high school buildings that currently contain an automated external defibrillator for public use. The opioid overdose rescue kits shall be located where it is readily available to the public, be visually free of advertisement, and contain an anti-opioid.

Emergency Administration of Adrenal Insufficiency Medication

The school nurse or other school employees designated by the school nurse as care provider who has been trained and certified by a licensed physician may administer an injectable emergency dose medication in emergency situations to students who have an IHP that provides for the administration of an injectible emergency dose medication in emergency situations.

The parent of a student who has an authorizing IHP, or the student is over the age of eighteen (18), shall annually complete and sign a written consent form provided by the student's school nurse authorizing the nurse or other school employee(s) certified to administer an injectable emergency dose medication to the student when the employee believes the student has an adrenal crisis due to adrenal insufficiency.

Students who have met the requirements to be authorized to self-administer a stress dose medication under this policy shall provide the school nurse with an emergency injectable dose of the student’s medication. This emergency injectable dose will be used in the event the school nurse or other school employee is certified to administer an injectable emergency dose medication in good faith and professionally believes the student has an adrenal crisis due to adrenal insufficiency.

Seizure Disorder Medications

Students who have been diagnosed with a seizure disorder shall have a seizure action plan that shall be a written IHP designed to acknowledge and prepare for the healthcare needs of the student. The student’s seizure action plan shall be created in collaboration between District staff and the student’s Parents, legal guardians, persons having lawful control of the student, or persons acting in loco parentis or the student if over eighteen (18). As part of the creation of the student’s seizure action plan,  the student’s Parents, legal guardians, persons having lawful control of the student, or persons acting in loco parentis shall:

  1. Provide the school with written authorization to administer the seizure medication at school;

  2. Provide a written statement from the student’s healthcare provider that shall contain the following information:

    • The student’s name;

    • The name and purpose of the medication;

    • The prescribed dosage;

    • The route of administration;

    • The frequency that the medication should be administered; and

    • The circumstances under which the medication should be administered;

  3. Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact, which shall be stored in a safe and secure location accessible only by District personnel or volunteers with training to administer seizure medication.

The written authorization, written statement, and seizure action plan shall be kept on file in the office of the school nurse or school administrator and distributed to any school personnel or volunteers responsible for the supervision or care of the student.

Legal References:

  • Ark. State Board of Nursing: School Nurse Roles and Responsibilities

  • Division of Elementary and Secondary Education and the Arkansas State Board of Nursing

  • Rules Governing the Administration of Insulin, Glucagon, and Medication for Adrenal Insufficiency or Adrenal Crisis to Arkansas Public School Students

  • A.C.A. § 6-18-701

  • A.C.A. § 6-18-707

  • A.C.A. § 6-18-711

  • A.C.A. § 6-18-714

  • A.C.A. § 6-18-717

  • A.C.A. § 6-18-720

  • A.C.A. § 6-18-721

  • A.C.A. § 17-87-103 (11) and (14)

  • A.C.A. § 20-13-405

Date Adopted: 4/10/18

Revised:

  • 8/13/19

  • 6/8/21

  • 6/27/22

Last Revised: 8/8/22

4.36 STUDENT ILLNESS/ACCIDENT

If a student becomes too ill to remain in class and/or could be contagious to other students, the principal or designee will attempt to notify the student’s parent or legal guardian. The student will remain in the school’s health room or a place where he/she can be supervised until the end of the school day or until the parent/legal guardian can check the student out of school.

If a student becomes seriously ill or is injured while at school and the parent/legal guardian cannot be contacted, the failure to make such contact shall not unreasonably delay the school’s expeditious transport of the student to an appropriate medical care facility. The school assumes no responsibility for treatment of the student. When available, current, and applicable, the student’s emergency contact numbers and medical information will be utilized. Parents are strongly encouraged to keep this information up to date.

Date Adopted: 7/10/07
Last Revised: 8/11/15
Manual Adoption: 2/8/00

4.37 EMERGENCY DRILLS

All schools in the District shall conduct fire drills at least monthly. Tornado drills shall also be conducted no fewer than three (3) times per year. Students who ride school buses shall also participate in emergency evacuation drills at least twice each school year.

The District shall annually conduct a lockdown drill at all schools in the District in collaboration with local law enforcement, medical professionals, fire department officials, and emergency management personnel. The lockdown drill training will include use of the District’s emergency communication method with law enforcement. Students will be included in the drills to the extent that is developmentally appropriate for the age of both the students and the grade configuration of the school.

Drills may be conducted during the instructional day or during non-instructional time periods.

Other types of emergency drills may also be conducted to test the implementation of the District's emergency plans in the event of violence, terrorist attack, natural disaster, other emergency, or the District’s emergency communication with law enforcement method. Students shall be included in the drills to the extent practicable.

Legal References:

  • A.C.A. § 12-13-109

  • A.C.A. § 6-10-110

  • A.C.A. § 6-10-121

  • A.C.A. § 6-15-1302

  • A.C.A. § 6-15-1303

  • A.C.A. § 6-15-1304

  • Ark. Division of Academic Facilities and Transportation Rules Governing Maintenance and Operations of Ark. Public School Buses and Physical Examinations of School Bus Drivers 4.03.1

Date Adopted:

  • 10/10/72

Revised:

  • 03/16/15

  • 8/13/20

  • 5/27/21

Last Revision:

  • 8/8/23

4.38 PERMANENT RECORDS

Permanent school records, as required by the Division of Elementary and Secondary Education (DESE), shall be maintained for each student enrolled in the District until the student receives a high school diploma or its equivalent or is beyond the age of compulsory school attendance. A copy of the student’s permanent record shall be provided to the receiving school district within ten (10) school days after the date a request from the receiving school district is received2.

Manual Adoption: 2/8/00
Legal References:

  • A.C.A. § 6-18-901

  • DESE Rule Student Permanent Records

Date Adopted: 8/11/15
Revised: 6/26/19

4.39 CORPORAL PUNISHMENT

The Pulaski County Special School Board prohibits the use of corporal punishment by any employee of the District against any student.

Manual Adoption: 2/8/00
Legal Reference: A.C.A. § 6-18-503 (b)
Date Adopted: 8/11/15
Revised: 6/11/15
Last Revised: 6/26/19

4.40 HOMELESS STUDENTS

The Pulaski County Special School District will afford the same services and educational opportunities to homeless children as are afforded to non-homeless children. The Superintendent or his/her designee shall appoint an appropriate staff person to be the local educational agency (LEA) liaison for homeless children and youth whose responsibilities shall include, but are not limited to:

  • Receive appropriate time and training in order to carry out the duties required by law and this policy;

  • Coordinate and collaborate with the State Coordinator, community, and school personnel responsible for education and related services to homeless children and youths;

  • Ensure that school personnel receive Professional development and other support regarding their duties and responsibilities for homeless youths;

  • Ensure that unaccompanied homeless youths:

    • Are enrolled in school;

    • Have opportunities to meet the same challenging State academic standards as other children and youths; and

    • Are informed of their status as independent students under the Higher Education Act of 1965 and that they may obtain assistance from the LEA liaison to receive verification of such status for purposes of the Free Application for Federal Student Aid;

  • Ensure that public notice of the educational rights of homeless children and youths is disseminated in locations frequented by parents or guardians of such youth and unaccompanied homeless youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form that is easily understandable.

To the extent possible, the LEA liaison and the building principal shall work together to ensure no homeless child or youth is harmed due to conflicts with District policies solely because of the homeless child or youth’s living situation; this is especially true for District policies governing fees, fines, and absences.1

Notwithstanding Policy 4.1, homeless students living in the district are entitled to enroll in the district’s school that non-homeless students who live in the same attendance area are eligible to attend. If there is a question concerning the enrollment of a homeless child due to a conflict with Policy 4.1 or 4.2, the child shall be immediately admitted to the school in which enrollment is sought pending resolution of the dispute, including all appeals. It is the responsibility of the District’s LEA liaison for homeless children and youth to carry out the dispute resolution process. 

For the purposes of this policy, “school of origin” means:

The school that a child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool; and

The designated receiving school at the next grade level for all feeder schools when the child completes the final grade provided by the school of origin.

The District shall do one of the following according to what is in the best interests of a homeless child:

  1. Continue the child's or youth's education in the school of origin for the duration of homelessness:

    • In any case in which a family becomes homeless between academic years or during an academic year; and

    • For the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or

  2. Enroll the child or youth in any public school where nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.

In determining the best interest of the child or youth, the District shall:

  • Presume that keeping the child or youth in the school of origin is in the child's or youth's best interest, except when doing so is contrary to the request of the child's or youth's parent or guardian or (in the case of an unaccompanied youth) the youth;

  • Consider student-centered factors related to the child's or youth's best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the request of the child's or youth's parent or guardian or (in the case of an unaccompanied youth) the youth.

If the District determines that it is not in the child's or youth's best interest to attend the school of origin or the school requested by the parent or guardian or (in the case of an unaccompanied youth) the youth, the District shall provide the child's or youth's parent or guardian or the unaccompanied youth with a written explanation of the reasons for its determination, in a manner and form understandable to such parent, guardian, or unaccompanied youth, including information regarding the right to appeal. For unaccompanied youth, the District shall ensure that the LEA liaison assists in placement or enrollment decisions, gives priority to the views of such unaccompanied youth, and provides notice to such youth of the right to appeal.

The homeless child or youth must be immediately enrolled in the selected school regardless of whether application or enrollment deadlines were missed during the period of homelessness.

The District shall be responsible for providing transportation for a homeless child, at the request of the parent or guardian (or in the case of an unaccompanied youth, the LEA Liaison), to and from the child’s school of origin.2

A homeless student shall be immediately eligible to participate in interscholastic activities at the school in which the student is enrolled.

For the purposes of this policy, students shall be considered homeless if they lack a fixed, regular, and adequate nighttime residence and:

a. Are:

  • Sharing the housing of other persons due to loss of housing, economic hardship, or 

    a similar reason;

  • Living in motels, hotels, trailer parks, or camping grounds due to the lack of 

    adequate alternative accommodations;

  • Living in emergency or transitional shelters;

  • Abandoned in hospitals; or

b. Have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

c. Are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

d. Are migratory children who are living in circumstances described in clauses (a) through (c).

In accordance with Federal law, information on a homeless child or youth’s living situation is part of the student’s education record and shall not be considered or added, to the list of directory information in Policy 4.13.3

Notes: LEA liaisons who receive appropriate training may now affirm that a child or youth who is eligible for and participating in a program provided by the LEA, or the immediate family of such a child or youth, is eligible for homeless assistance programs administered under Title IV of the McKinney – Vento Homeless Education Assistance Improvements Act without further determinations from other governmental entities.

A.C.A. § 9-25-106 includes additional rights for unaccompanied youth who are certified by the district LEA to be homeless.

1 42 U.S.C. § 11432(g)(1)(I) requires that SEAs and LEAs demonstrate they have developed policies to remove barriers to the identification, enrollment, and retention of homeless children and youths, including barriers to enrollment and retention due to outstanding fees or fines, or absences. The policy language is designed to provide as much flexibility as possible to allow a homeless student to succeed while still holding the homeless student responsible for circumstances that are unrelated to the student’s living situation.

2 The District’s liability for transportation is more fully covered by 42 U.S.C. § 11432(g)(1)(J)(iii)(I) and (II), which read as follows:

(I) If the child or youth continues to live in the area served by the local educational agency in which the school of origin is located, the child's or youth's transportation to and from the school of origin shall be provided or arranged by the local educational agency in which the school of origin is located.

(II) If the child's or youth's living arrangements in the area served by the local educational agency of origin terminate and the child or youth, though continuing the child's or youth's education in the school of origin, begins living in an area served by another local educational agency, the local educational agency of origin and the local educational agency in which the child or youth is living shall agree upon a method to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If the local educational agencies are unable to agree upon such a method, the responsibility and costs for transportation shall be shared equally.

3 The prohibition on the release of a student’s homeless status is from 42 U.S.C. § 11432(g)(3)(G).

Legal References:

  • A.C.A. § 6-18-114

  • A.C.A. § 9-25-106

  • 42 U.S.C. § 11431 et seq.

  • 42 U.S.C. § 11431 (2)

  • 42 U.S.C. § 11432(g)(1)(H)(I)

  • 42 U.S.C. § 11432 (g)(1)(J)(i), (ii), (iii), (iii)(I), (iii)(II)

  • 42 U.S.C. § 11432 (g)(3)(A), (A)(i), (A)(i)(I), 

    (A)(i)(II), (A)(ii)

  • 42 U.S.C. § 11432 (g)(3)(B)(i), (ii), (iii)

  • 42 U.S.C. § 11432 (g)(3)(C)(i), (ii), (iii)

  • 42 U.S.C. § 11432 (g)(3)(E)(i), (ii), (iii)

  • 42 U.S.C. § 11432 (g)(3)(G)

  • 42 U.S.C. § 11432 (g)(4) (A), (B), (C), (D), (E)

  • 42 U.S.C. § 11434a

  • Commissioner’s Memo COM-18-044

Date Adopted: 7/25/23

4.43 BULLYING

Definitions

“Attribute” means an actual or perceived personal characteristics including without limitation race, color, religion, ancestry, national origin, socioeconomic status, academic status, disability, gender, gender identity, physical appearance, health condition, or sexual orientation;

“Bullying” means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or public school employee by a written, verbal, electronic, or physical act that may address an attribute of the other student, public school employee, or person with whom the other student or public school employee is associated and that causes or creates actual or reasonably foreseeable:

  • Physical harm to a public school employee or student or damage to the public school employee's or student's property;

  • Substantial interference with a student's education or with a public school employee's role in education;

  • A hostile educational environment for one (1) or more students or public school employees due to the severity, persistence, or pervasiveness of the act; or

  • Substantial disruption of the orderly operation of the school or educational environment;

Examples of "Bullying" include, but are not limited to, a pattern of behavior involving one or more of the following:

  1. Cyberbullying;

  2. Sarcastic comments "compliments" about another student’s personal appearance or actual or perceived attributes,

  3. Pointed questions intended to embarrass or humiliate,

  4. Mocking, taunting or belittling,

  5. Non-verbal threats and/or intimidation such as “fronting” or “chesting” a person,

  6. Demeaning humor relating to a student’s actual or perceived attributes,

  7. Blackmail, extortion, demands for protection money or other involuntary donations or loans,

  8. Blocking access to school property or facilities,

  9. Deliberate physical contact or injury to person or property,

  10. Stealing or hiding books or belongings,

  11. Threats of harm to student(s), possessions, or others,

  12. Sexual harassment, as governed by policy 4.27, is also a form of bullying, and/or

  13. Teasing or name-calling related to sexual characteristics or the belief or perception that an individual is not conforming to expected gender roles or conduct or is homosexual, regardless of whether the student self-identifies as homosexual or transgender (Examples: “Slut”, “You are so gay.”, “Fag”, “Queer”).

"Cyberbullying" means any form of communication by electronic act that is sent with the purpose to:

  • Harass, intimidate, humiliate, ridicule, defame, or threaten a student, school employee, or person with whom the other student or school employee is associated; or

  • Incite violence towards a student, school employee, or person with whom the other student or school employee is associated.

Cyberbullying of School Employees includes, but is not limited to:

  1. Building a fake profile or website of the employee;

  2. osting or encouraging others to post on the Internet private, personal, or sexual information pertaining to a school employee;

  3. Posting an original or edited image of the school employee on the Internet;

  4. Accessing, altering, or erasing any computer network, computer data program, or computer software, including breaking into a password-protected account or stealing or otherwise accessing passwords of a school employee;

  5. Making repeated, continuing, or sustained electronic communications, including electronic mail or transmission, to a school employee;

  6. Making, or causing to be made, and disseminating an unauthorized copy of data pertaining to a school employee in any form, including without limitation the printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network;

  7. Signing up a school employee for a pornographic Internet site; or

  8. Without authorization of the school employee, signing up a school employee for electronic mailing lists or to receive junk electronic messages and instant messages.

Cyberbullying is prohibited whether or not the cyberbullying originated on school property or with school equipment, if the cyberbullying results in the substantial disruption of the orderly operation of the school or educational environment or is directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school and has a high likelihood of succeeding in that purpose.

“Harassment” means a pattern of unwelcome verbal or physical conduct relating to another person's constitutionally or statutorily protected status that causes, or reasonably should be expected to cause, substantial interference with the other's performance in the school environment; and

“Substantial disruption” means without limitation that any one or more of the following occur as a result of the bullying:

  • Necessary cessation of instruction or educational activities;

  • Inability of students or educational staff to focus on learning or function as an educational unit because of a hostile environment;

  • Severe or repetitive disciplinary measures are needed in the classroom or during educational activities; or

  • Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment.

Respect for the dignity of others is a cornerstone of civil society. Bullying creates an atmosphere of fear and intimidation, robs a person of his/her dignity, detracts from the safe environment necessary to promote student learning, and will not be tolerated by the Board of Directors. Students who bully another person shall be held accountable for their actions whether they occur on school equipment or property; off school property at a school sponsored or approved function, activity, or event; going to or from school or a school activity in a school vehicle or school bus; or at designated school bus stops.

Students are encouraged to report behavior they consider to be bullying, including a single action which if allowed to continue would constitute bullying, to their teacher or the building principal. The report may be made anonymously. Teachers and other school employees who have witnessed, or are reliably informed that a student has been a victim of behavior they consider to be bullying, including a single action which if allowed to continue would constitute bullying, shall report the incident(s) to the building principal, or designee, as soon as possible. Parents or legal guardians may submit written reports of incidents they feel constitute bullying, or if allowed to continue would constitute bullying, to the building principal, or designee.

The person or persons reporting behavior they consider to be bullying shall not be subject to retaliation or reprisal in any form.

A building principal, or designee, who receives a credible report or complaint of bullying shall:

  1. As soon as reasonably practicable, but by no later than the end of the school day following the receipt of the credible report of bullying:
    a. Report to a parent, legal guardian, person having lawful control of a student, or person standing in loco parentis of a student that their student is the victim in a credible report of bullying; and
    b. Prepare a written report of the alleged incident of bullying;

  2. Promptly investigate the credible report or complaint of bullying, which shall be completed by no later than the fifth (5th) school day following the completion of the written report.

  3. Notify within five (5) days following the completion of the investigation the parent, legal guardian, person having lawful control of a student, or person standing in loco parentis of a student who was the alleged victim in a credible report of bullying whether the investigation found the credible report or complaint of bullying to be true and the availability of counseling and other intervention services.

  4. Notify within five (5) days following the completion of the investigation the parent, legal guardian, person having lawful control of the student, or person acting in loco parentis of the student who is alleged to have been the perpetrator of the incident of bullying:


    a. That a credible report or complaint of bullying against their student exists;
    b. Whether the investigation found the credible report or complaint of bullying to be true;
    c. Whether action was taken against their student upon the conclusion of the investigation of the alleged incident of bullying; and
    d. Information regarding the reporting of another alleged incident of bullying, including potential consequences of continued incidents of bullying;

  5. Make a written record of the investigation, which shall include:
    a. A detailed description of the alleged incident of bullying, including without limitation a detailed summary of the statements from all material witnesses to the alleged incident of bullying;
    b. Any action taken as a result of the investigation; and

  6. Discuss, as appropriate, the availability of counseling and other intervention services with students involved in the incident of bullying.

Students found to be in violation of this policy shall be subject to disciplinary action up to and including expulsion. In determining the appropriate disciplinary action, consideration may be given to other violations of the student handbook which may have simultaneously occurred. In addition to any disciplinary actions, the District shall take appropriate steps to remedy the effects resulting from bullying.

Notice of what constitutes bullying, the District’s prohibition against bullying, and the consequences for students who bully shall be conspicuously posted in every classroom, cafeteria, restroom, gymnasium, auditorium, and school bus. Parents, legal guardians, person having lawful control of a student, persons standing in loco parentis, students, school volunteers, and employees shall be given copies of the notice annually.

The superintendent shall make a report annually to the Board of Directors on student discipline data, which shall include, without limitation, the number of incidents of bullying reported and the actions taken regarding the reported incidents of bullying.

Copies of this policy shall be available upon request.

Legal References:

  • A.C.A. § 5-71-217

  • A.C.A. § 6-18-514

  • DESE Rules Governing Student Discipline and School Safety

Date Adopted: 8/11/15
Revised: 2/1/18
Revised: 7/9/19
Last Revised: 8/13/2020

4.44 NATIONAL ANTHEM

Each school in the District shall broadcast The Star-Spangled Banner at:

  • The commencement of each school-sanctioned sporting event; however, if two (2) or more school-sanctioned sporting events occur on the same day at the same school, then the broadcast of The Star-Spangled Banner may be performed at only one (1) of the events; and

  • At least one (1) time each week during school hours.

The broadcast of The Star-Spangled Banner shall be selected from any recording that adheres to the Division of Elementary and Secondary Education (DESE) Rules, or, when appropriate, performed from original sheet music that adheres to DESE rules by:

  • A school-sanctioned band program; 

  • A school-sanctioned chorale program, vocal group, or vocalist; or

  • The attendees of a school-sanctioned event led by a vocalist selected by the principal of the school hosting the school-sanctioned event.

Students shall not be compelled to participate in the performance of The Star-Spangled Banner, but students who choose not to participate in the performance of The Star-Spangled Banner shall not disrupt those students choosing to participate in the performance of The Star-Spangled Banner. Students choosing not to participate in the performance of The Star-Spangled Banner who do not disrupt the participation of performance of The Star-Spangled Banner shall not be subject to any comments, retaliation, or disciplinary action.

Legal References:

  • A.C.A. § 6-10-136

  • DESE Rules Governing the Star-Spangled Banner Act

Date Adopted: 6/8/21

Revised: 6/27/22

4.45P Smart Core Curriculum and Graduation Requirements for the Classes of 2024 and 2025

A disservice is done to students through social promotion and is prohibited by state law. The District shall, at a minimum, evaluate each student annually in an effort to help each student who is not performing at grade level. Parents, legal guardians, persons having lawful control of a student, or persons standing in loco parentis shall be kept informed concerning the progress of their student(s). Notice of a student’s possible retention or required retaking of a course shall be included with the student’s grades sent home to each parent/guardian or the student if 18 or older. Parent-teacher conferences are encouraged and may be held as necessary in an effort to improve a student’s academic success.


At least once each semester, the parents, legal guardians, persons having lawful control of a student, or persons standing in loco parentis, and teacher(s) of a student in kindergarten through eighth (8th) grade shall be notified in writing of the student’s independent grade-level-equivalency in reading.


Any grades, course credits, and/or promotions received by a student while enrolled in the Division of Youth Services system of education shall be considered transferable in the same manner as those grades, course credits, and promotions from other accredited Arkansas public educational entities.

Elementary School Level

At the elementary school level, the school shall, at a minimum, evaluate each student annually in an effort to help students who are not performing at grade level. Parents or guardians shall be kept informed concerning the progress of their student(s). 

Parent-teacher conferences are encouraged and may be held as necessary in an effort to improve a student’s academic success. If a student is to be retained in a grade, notice of retention and reason will be communicated promptly.  Each elementary/middle school shall have a biracial retention committee composed of the following:

  • The counselor assigned to the student

  • Principal or assistant principal

  • Classroom teacher(s) who currently work with the student or core team

  • Additional teachers (for example, one on the student’s grade level and one from the next grade level)

  • Instructional Coaches in the school (Math, Literacy)

  • A 504/special education representative (if applicable)

  • The student’s parent(s), legal guardian(s), persons having lawful control of a student, or persons standing in loco parentis.

In order to determine the promotion or retention of a student, the school-based retention committee shall convene. The committee conference shall be held at a time and place that best accommodates those participating in the conference. The school shall document participation or non-participation in required conferences. Promotion or retention, as discussed by the committee, shall be primarily based on the following criteria:

  • Academic achievement (reading, language arts, math, science, and social studies in applicable grades)

  • Statewide achievement test scores as an artifact of mastery

  • School attendance

  • Physical maturity and age

  • Social and emotional maturity

  • Teacher recommendation

  • Light’s Retention Scale instrument

  • Medical history

  • Work samples

  • Prior educational history

If the committee determines that retention is in the student’s best interest, the committee will develop a plan for promotion based on academic data to address the areas where proficiency has not been achieved. If the parent/guardian feels the committee's decision has been reached in error, the decision can be appealed to the Deputy Superintendent of Learning of Services.

Middle School Level

At the middle school level, a student is expected to progress annually from grade to grade. A student must pass both semesters of English, math, science, social studies, and required grade-level electives to be promoted to the next grade level. Additionally, students, in the judgment of the professional staff, at risk of not reaching sufficient proficiency in basic skills to be potentially successful at the next grade level will be referred to the retention committee.

Each middle school shall have a biracial retention committee composed of the following:

  • The counselor assigned to the student

  • Principal or assistant principal

  • Classroom teacher(s) who currently work with the student or core team

  • Additional teachers (for example, one on the student’s grade level and one from the next grade level)

  • Instructional Coaches in the school (Math, Literacy)

  • A 504/special education representative (if applicable)

  • The student’s parent(s), legal guardian(s), persons having lawful control of a student, or persons standing in loco parentis.

This committee will review all available information, including but not limited to the data listed below, and determine the grade placement in the student’s best educational interest.

  • Academic achievement (successful completion of language arts, math, science, and social studies)

  • Statewide achievement test scores as an artifact of mastery 

  • School attendance

  • Physical maturity and age

  • Social and emotional maturity

  • Teacher recommendation

  • Medical history

  • Work samples

  • Prior educational history

If the committee determines that retention is in the student’s best interest, the committee will develop a plan for promotion based on academic data to address the areas where proficiency has not been achieved. If the parent/guardian feels the committee's decision has been reached in error, the decision can be appealed to the Deputy Superintendent of Learning of Services.

High School Level

High school students must earn a specific number of credits each year to be promoted to the next grade. Students in grade (9) must earn a minimum of five and one-half (5.5) academic credits to be promoted to grade ten (10). Students must earn eleven (11) academic credits to be promoted to grade eleven (11) and sixteen and one-half (16.5) academic credits to be promoted to grade twelve (12).  Students on a graduation plan for “on-time” graduation who earn the required credits for promotion to their appropriate grade classification may be reclassified at the next semester’s grading period. 

Student Success Plan (SSP) 

Each student, 8th grade and above, shall have a student success plan (SSP) developed by school personnel in collaboration with the student’s parents and the student that is reviewed and updated annually. A student’s SSP shall use multiple academic measures to personalize learning in order for students to achieve their grade-level expectations and individual growth. The SSP will identify if the student is in need of additional support or acceleration. Academic measures to be used in creating and updating a student’s SSP shall include, but are not limited to:

  • Statewide student assessment results;

  • Subject grades;

  • Student work samples; and

  • Local assessment scores.


By the end of grade eight (8), the student’s SSP shall:

  • Guide the student along pathways to graduation;

  • Address accelerated learning opportunities;

  • Address academic deficits and interventions; and 

  • Include college and career planning components.


Based on a student’s score on the college and career assessment:

  • The student’s SSP will be updated in order to assist the student with college and career readiness skills, course selection in high school, and improved academic achievement; and

  • Provide a basis for counseling concerning postsecondary preparatory programs.


An SSP shall be created:

  1. By no later than the end of the school year for a student in grade eight (8) who is enrolled in the District, enrolls in the District during the school year; or

  2. As soon as reasonably possible for a student in grade nine (9) or above who enrolls in the District at the beginning or during the school year.


Individualized Education Program (IEP) 

A student’s individualized education program (IEP) may act in the place of the student’s SSP if the IEP addresses academic deficits and interventions for the student’s failure to meet standards-based academic goals at an expected rate or level and includes a transition plan that addresses college and career planning components. Promotion or retention of students with an IEP shall be based on their successful attainment of the goals set forth in their IEP. 

Statewide Assessment

Students who either refuse to sit for a Statewide assessment or attempt to boycott a Statewide assessment by failing to put forth a good faith effort on the assessment as determined by the assessment administrator/proctor, or whose parents do not send their student to school on the dates the assessments are originally administered or scheduled as make-up days shall not be permitted to participate in any non-curriculum related extracurricular activity, including school dances, prom, homecoming, senior events, and may be prevented from walking or participating in graduation exercises. The student shall remain ineligible to participate until the student takes the same or a following Statewide assessment, as applicable. The Superintendent or designee may waive this paragraph's provisions when the student’s failure was due to exceptional or extraordinary circumstances. Students falling under the provisions of this paragraph shall be permitted to attend curriculum-related field trips occurring during the school day. 


Cross References: 3.30—Parent-teacher Communication

4.56—Extracurricular Activities - Secondary Schools

4.56.1—Extracurricular Activities - Elementary


Legal References:

A.C.A. § 6-15-2001

A.C.A. § 6-15-2005

A.C.A. § 6-15-2006

A.C.A. § 6-15-2907

A.C.A. § 6-15-2911

A.C.A. § 9-28-205

DESE Rules Governing the Arkansas Educational Support and Accountability Act

DESE Rules Governing Grading and Course Credit

Murphy v. State of Ark., 852 F.2d 1039 (8th Cir. 1988)


Date Adopted:  3/08/66

Revised:  10/10/72

Revised:  3/13/84
Revised: 11/11/86
Revised:  7/10/90
Revised:  3/10/98
Revised:  3/12/02
Revised:  8/12/03
Revised:  6/13/06
Revised:  1/09/07
Revised:  3/10/09
Revised:  4/19/11
Revised:  2/05/13
Revised:  1/12/16

Revised:  10/16/17

Revised:  6/11/19

Revised: 2/12/2020

Revised: 8/13/2020

Revised: 9/15/2021

Revised: 2/8/2022

Revised: 4/11/2023

Last Revised: 2/13/2024


4.45.1P: SMART CORE CURRICULUM AND GRADUATION REQUIREMENTS FOR THE CLASS OF 2026

All students are required to participate in the Smart Core curriculum unless their parents or guardians, or the students if they are eighteen (18) years of age or older, sign a Smart Core Waiver Form to not participate. While Smart Core is the default option, a Smart Core Information Sheet and a Smart Core Waiver Form will be sent home with students prior to their enrollment in seventh (7th) grade or when a seventh (7th) through twelfth (12th) grade student enrolls in the district for the first time, and there is not a signed waiver form in the student’s permanent record. This policy is to be included in student handbooks for grades six (6) through twelve (12), and both students and parents must sign an acknowledgment they have received the policy. Those students not participating in the Smart Core curriculum will be required to fulfill the Core curriculum or the Alternate Pathway to Graduation when required by their IEP to be eligible for graduation. Counseling by trained personnel shall be available to students and their parents or legal guardians prior to the deadline for them to sign and return the waiver form.

While there are similarities between the two curriculums, following the Core curriculum may not qualify students for some scholarships, and admission to certain colleges could be jeopardized. Students initially choosing the Core curriculum may subsequently change to the Smart Core curriculum provided they would be able to complete the required course of study by the end of their senior year. Students wishing to change their choice of curriculums must consult with their counselor to determine the feasibility of changing paths.

This policy, the Smart Core curriculum, and the courses necessary for graduation shall be reviewed by staff, students, and parents as part of the annual school district support plan development process to determine if changes need to be made to better serve the needs of the district’s students. The superintendent, or his/her designee, shall select the composition of the review panel. 

Sufficient information relating to Smart Core and the district’s graduation requirements shall be communicated to parents and students to ensure their informed understanding of each This shall be accomplished through holding an informational meeting for parents, legal guardians, or persons standing in loco parentis to students enrolled in grades six through twelve (6-12) with the school counseler and may be accomplished through any or all of the additional following means:

  • Inclusion in the student handbook of the Smart Core curriculum and graduation requirements; 

  • Discussion of the Smart Core curriculum and graduation requirements at the school’s annual public meeting, PTA meetings, or a meeting held specifically for the purpose of informing the public on this matter; and/or

  • Distribution of a newsletter(s) to parents or guardians of the district’s students.

Administrators, or their designees, shall train newly hired employees, required to be licensed as a condition of their employment, regarding this policy. The district’s annual professional development shall include the training required by this paragraph.

To the best of its ability, the District shall follow the requirements covering the transfer of course credit and graduation set forth in the Interstate Compact on Educational Opportunity for Military Children and the Arkansas Military Child School Transitions Act of 2021 for all students who meet the definition of “eligible child” in Policy 4.2 Entrance Requirements including the waiving of specific courses that are required for graduation if similar coursework has been satisfactorily completed.

GRADUATION REQUIREMENTS

The number of units students must earn to be eligible for high school graduation is to be earned from the categories listed below. A minimum of twenty-two (22) units is required for graduation for a student participating in either the Smart Core or Core curriculum. There are some distinctions made between Smart Core units and Graduation units. Not all units earned toward graduation necessarily apply to Smart Core requirements. Career education courses that are determined by DESE to be eligible for use in place of a listed course may be substituted for the course as designated by DESE.

All students must receive a passing score on the Arkansas Civics Exam in order to graduate.

Students shall be trained in quality psychomotor skill bases in cardiopulmonary resuscitation and the use of automated external defibrillators in order to graduate.

Personal and Family Finance

All students shall receive credit in a course covering the Personal and Family Finance Standards in order to graduate.

Computer Science

All students shall earn one (1) unit of credit in a computer science or computer science-related career and technical education course in order to graduate.

SMART CORE: Sixteen (16) units

English: four (4) units – 9th, 10th, 11th, and 12th

Oral Communications: one-half (½) unit 

Mathematics: four (4) units (all students under Smart Core must take a mathematics course in grade 11 or 12 and complete Algebra II.)

  1. Algebra I or Algebra A & B*, which may be taken in grades 7-8 or 8-9;

  2. Geometry or Geometry A & B*, which may be taken in grades 8-9 or 9-10;

* A two-year algebra equivalent or a two-year geometry equivalent may each be counted as two units of the four-unit requirement for the purpose of meeting the graduation requirement but only serve as one unit each toward fulfilling the Smart Core requirement. 

  1. Algebra II; and

  2. The fourth unit may be either:

  • A math unit approved by DESE beyond Algebra II; or

  • A computer science flex credit may be taken in place of a fourth math credit.

Natural Science: three (3) units

a. DESE approved biology – 1 credit;
b. DESE approved physical science – 1 credit; and
c. A third unit that is either:

  • An additional science credit approved by DESE; or

  • A computer science flex credit may be taken in place of a third science credit.

Social Studies: three (3) units

  • Civics - one-half (½) unit

  • World History - one unit

  • American History - one unit

  • Other social studies – one-half (½) Unit

Physical Education: one-half (½) unit

Note: While one-half (½) unit is required for graduation, no more than one (1) unit may be applied toward fulfilling the necessary units to graduate.

Health and Safety: one-half (½) unit

Economics – one half (½) unit – dependent upon the licensure of the teacher teaching the course, this can count toward the required three (3) social studies credits or the six (6) required Career Focus elective credits.

Fine Arts: one-half (½) unit

CAREER FOCUS: - Six (6) units

All career-focus unit requirements shall be established through guidance and counseling based on the student’s contemplated work aspirations.  Career focus courses shall conform to the curriculum policy of the district and reflect state curriculum frameworks through course sequencing and career course concentrations where appropriate.

A student who enlists in a branch of the United States Armed Forces or the National Guard through the military delayed entry program, the National Guard Split Training Option, or other similar early entry program and completes basic training before graduating from high school shall receive two (2) units of the Career Focus graduation requirements.

a student who completes at least seventy-five (75) clock hours of documented community service in grades nine (9) through twelve (12) at any certified service agency or a part of a service-learning school program shall receive one (1) Career Focus credit.

CORE: Sixteen (16) units

English: four (4) units – 9th, 10th, 11th, and 12th 

Oral Communications: one-half (½) unit

Mathematics: four (4) units

  • Algebra or its equivalent* - 1 unit

  • Geometry or its equivalent* - 1 unit

  • All math units must build on the base of algebra and geometry knowledge and skills.

  • (Comparable concurrent credit college courses may be substituted where applicable)

  • A computer science flex credit may be taken in the place of a math credit beyond Algebra I and Geometry

* A two-year algebra equivalent or a two-year geometry equivalent may each be counted as two units of the four (4) unit requirement.

Science: three (3) units

a. DESE approved biology – 1 credit;
b. DESE approved physical science – 1 credit; and
c. A third unit that is either:

  • An additional science credit approved by DESE; or

  • A computer science flex credit may be taken in place of a third science credit.

Social Studies: three (3) units

  • Civics one-half (½) unit

  • World history, one (1) unit

  • American History, one (1) unit

  • Other social studies – one-half (½) unit

Physical Education: one-half (½) unit

Note: While one-half (½) unit is required for graduation, no more than one (1) unit may be applied toward fulfilling the necessary units to graduate.

Health and Safety: one-half (½) unit

Economics – one half (½) unit – dependent upon the licensure of the teacher teaching the course, this can count toward the required three (3) social studies credits or the six (6) required Career Focus elective credits.

Fine Arts: one-half (½) unit

CAREER FOCUS: - Six (6) units

All career-focus unit requirements shall be established through guidance and counseling based on the student’s contemplated work aspirations. Career focus courses shall conform to the curriculum policy of the district and reflect state curriculum frameworks through course sequencing and career course concentrations where appropriate.

A student who enlists in a branch of the United States Armed Forces or the National Guard through the military delayed entry program, the National Guard Split Training Option, or other similar early entry program and completes basic training before graduating from high school shall receive two (2) units of the Career Focus graduation requirements.

a student who completes at least seventy-five (75) clock hours of documented community service in grades nine (9) through twelve (12) at any certified service agency or a part of a service-learning school program shall receive one (1) Career Focus credit.

The Arkansas Alternate Pathway to Graduation

Cross References:

  • 4.55—Student Promotion and Retention

  • 5.2—Planning for Educational Improvement

  • 5.11—Digital Learning Courses

  • 5.12—Computer Science Internships and Independent Studies

  • 5.16—Computer Science Course Prerequisites and Progression

Legal References:

  • Standards for Accreditation 1-C.2, 1-C.2.1, 1-C.2.2, 

    1-C.2.3

  • DESE Guidelines for the Development of Smart Core Curriculum Policy

  • DESE Rules Governing Distance and Digital Learning

  • Smart Core Information Sheet 

  • Smart Core Waiver Form 

    Commissioner’s Memo LS-18-082

  • A.C.A. § 6-4-302

  • A.C.A. § 6-15-2906

  • A.C.A. § 6-15-2911

  • A.C.A. § 6-16-122

  • A.C.A. § 6-16-143

  • A.C.A. § 6-16-149

  • A.C.A. § 6-16-150

  • A.C.A. § 6-16-152

  • A.C.A. § 6-28-115

Date Adopted: 10/16/17
Revised:

  • 7/9/19

  • 5/27/21

  • 2/8/22

Last Revised: 5/1/23

4.45.2P Smart Core Curriculum and Graduation Requirements for the Classes of 2027 and Thereafter

All students are required to participate in the Smart Core curriculum unless their parents or guardians, or the students if they are eighteen (18) years of age or older, sign a Smart Core Waiver Form to not participate. While Smart Core is the default option, a Smart Core Information Sheet and a Smart Core Waiver Form will be sent home with students prior to their enrolling in seventh (7th) grade or when a seventh (7th) through twelfth (12th) grade student enrolls in the district for the first time, and there is not a signed waiver form in the student’s permanent record. This policy is to be included in student handbooks for grades six (6) through twelve (12), and both students and parents must sign an acknowledgment they have received the policy. Those students not participating in the Smart Core curriculum will be required to fulfill the Core curriculum or the Alternate Pathway to Graduation when required by their IEP to be eligible for graduation. Counseling by trained personnel shall be available to students and their parents or legal guardians prior to the deadline for them to sign and return the waiver form.

While there are similarities between the two curriculums, following the Core curriculum may not qualify students for some scholarships, and admission to certain colleges could be jeopardized. Students initially choosing the Core curriculum may subsequently change to the Smart Core curriculum provided they would be able to complete the required course of study by the end of their senior year. Students wishing to change their choice of curriculums must consult with their counselor to determine the feasibility of changing paths.

This policy, the Smart Core curriculum, and the courses necessary for graduation shall be reviewed by staff, students, and parents as part of the annual school district support plan development process to determine if changes need to be made to better serve the needs of the district’s students. The superintendent, or his/her designee, shall select the composition of the review panel. 

Sufficient information relating to Smart Core and the district’s graduation requirements shall be communicated to parents and students to ensure their informed understanding of each; this shall be accomplished through holding an informational meeting for parents, legal guardians, or persons standing in loco parentis to students enrolled in grades six through twelve (6-12) with the school counselor and may be accomplished through any or all of the additional following means:

  • Inclusion in the student handbook of the Smart Core curriculum and graduation requirements; 

  • Discussion of the Smart Core curriculum and graduation requirements at the school’s annual public meeting, PTA meetings, or a meeting held specifically for the purpose of informing the public on this matter; and/or

  • Distribution of a newsletter(s) to parents or guardians of the district’s students.

Administrators, or their designees, shall train newly hired employees, required to be licensed as a condition of their employment, regarding this policy. The district’s annual professional development shall include the training required by this paragraph.

To the best of its ability, the District shall follow the requirements covering the transfer of course credit and graduation set forth in the Interstate Compact on Educational Opportunity for Military Children and the Arkansas Military Child School Transitions Act of 2021 for all students who meet the definition of “eligible child” in Policy 4.2—Entrance Requirement including the waiving of specific courses that are required for graduation if similar coursework has been satisfactorily completed.

GRADUATION REQUIREMENTS

The number of units students must earn to be eligible for high school graduation is to be earned from the categories listed below. A minimum of twenty-two (22) units is required for graduation for a student participating in either the Smart Core or Core curriculum. There are some distinctions made between Smart Core units and Graduation units. Not all units earned toward graduation necessarily apply to Smart Core requirements. Career education courses that are determined by DESE to be eligible for use in place of a listed course may be substituted for the course as designated by DESE.

All students must receive a passing score on the Arkansas Civics Exam in order to graduate.

Students shall be trained in quality psychomotor skill bases in cardiopulmonary resuscitation and the use of automated external defibrillators in order to graduate.

Personal and Family Finance

All students shall receive credit in a course covering the Personal and Family Finance Standards in order to graduate.

Computer Science

All students shall earn one (1) unit of credit in a computer science or computer science-related career and technical education course in order to graduate.

Community Service

Each student must receive seventy-five (75) clock hours of community service certified by the service agency or organization where the student volunteers. 

The community service must be in programs or activities, either in Arkansas or outside Arkansas, that meet the requirements established by the State Board and the District Board of Directors and include preparation, action, and reflection components. Except as provided by this policy, a student must receive at least the following documented clock hours of community service each year:

  • Fifteen (15) hours for students in grade nine (9);

  • Twenty (20) hours for students in grade ten (10);

  • Twenty (20) hours for students in grades eleven (11); and

  • Twenty (20) hours for students in grade twelve (12).

Students transferring into the District after grade nine (9) or students who are graduating early may receive a diploma provided that the minimum requirement for each year the student attends the District is met. The District Board of Directors may grant a waiver of the community service requirement for extenuating circumstances on a case-by-case basis, which may include, without limitation:

  • A major illness associated with a student or a family member of a student;

  • Student homelessness or housing insecurity; and

  • Notice to the public school district board of directors if the student is a major contributor to family income.

SMART CORE: Sixteen (16) units

English: four (4) units – 9th, 10th, 11th, and 12th

Oral Communications: one-half (½) unit 

Mathematics: four (4) units (all students under Smart Core must take a mathematics course in grade 11 or 12 and complete Algebra II.)

  1. Algebra I or Algebra A & B*, which may be taken in grades 7-8 or 8-9;

  2. Geometry or Geometry A & B*, which may be taken in grades 8-9 or 9-10;

* A two-year algebra equivalent or a two-year geometry equivalent may each be counted as two units of the four-unit requirement for the purpose of meeting the graduation requirement but only serve as one unit each toward fulfilling the Smart Core requirement. 

  1. Algebra II; and

  2. The fourth unit may be either:

    • A math unit approved by DESE beyond Algebra II; or

    • A computer science flex credit may be taken in place of a fourth math credit.

Natural Science: three (3) units

  1. DESE approved biology – 1 credit;

  2. DESE approved physical science – 1 credit; and

  3. A third unit that is either:

    • An additional science credit approved by DESE; or

    • A computer science flex credit may be taken in place of a third science credit.

Social Studies: three (3) units

  • Civics - one-half (½) unit

  • World History - one unit

  • American History - one unit

  • Other social studies – one-half (½) Unit

Physical Education: one-half (½) unit
Note: While one-half (½) unit is required for graduation, no more than one (1) unit may be applied toward fulfilling the necessary units to graduate.

Health and Safety: one-half (½) unit

Economics – one half (½) unit – dependent upon the licensure of the teacher teaching the course, this can count toward the required three (3) social studies credits or the six (6) required Career Focus elective credits.

Fine Arts: one-half (½) unit

CAREER FOCUS: - Six (6) units

All career-focus unit requirements shall be established through guidance and counseling based on the student’s contemplated work aspirations.  Career focus courses shall conform to the curriculum policy of the district and reflect state curriculum frameworks through course sequencing and career course concentrations where appropriate.

A student who enlists in a branch of the United States Armed Forces or the National Guard through the military delayed entry program, the National Guard Split Training Option, or other similar early entry program and completes basic training before graduating from high school shall receive two (2) units of the Career Focus graduation requirements.

CORE: Sixteen (16) units

English: four (4) units – 9th, 10th, 11th, and 12th 

Oral Communications: one-half (½) unit

Mathematics: four (4) units

  • Algebra or its equivalent* - 1 unit

  • Geometry or its equivalent* - 1 unit

  • All math units must build on the base of algebra and geometry knowledge and skills.

  • (Comparable concurrent credit college courses may be substituted where applicable)

  • A computer science flex credit may be taken in the place of a math credit beyond Algebra I and Geometry

* A two-year algebra equivalent or a two-year geometry equivalent may each be counted as two units of the four (4) unit requirement.

Science: three (3) units

a. DESE approved biology – 1 credit;
b. DESE approved physical science – 1 credit; and
c. A third unit that is either:

  • An additional science credit approved by DESE; or

  • A computer science flex credit may be taken in place of a third science credit.

Social Studies: three (3) units

  • Civics one-half (½) unit

  • World history, one (1) unit

  • American History, one (1) unit

  • Other social studies – one-half (½) unit

Physical Education: one-half (½) unit

Note: While one-half (½) unit is required for graduation, no more than one (1) unit may be applied toward fulfilling the necessary units to graduate.

Health and Safety: one-half (½) unit

Economics – one half (½) unit – dependent upon the licensure of the teacher teaching the course, this can count toward the required three (3) social studies credits or the six (6) required Career Focus elective credits.

Fine Arts: one-half (½) unit

CAREER FOCUS: - Six (6) units

All career-focus unit requirements shall be established through guidance and counseling based on the student’s contemplated work aspirations. Career focus courses shall conform to the curriculum policy of the district and reflect state curriculum frameworks through course sequencing and career course concentrations where appropriate.

A student who enlists in a branch of the United States Armed Forces or the National Guard through the military delayed entry program, the National Guard Split Training Option, or other similar early entry program and completes basic training before graduating from high school shall receive two (2) units of the Career Focus graduation requirements.

The Arkansas Alternate Pathway to Graduation

Cross References:

  • 4.55—Student Promotion and Retention

  • 5.2—Planning for Educational Improvement

  • 5.12—Computer Science Internships and Independent Studies

  • 5.16—Computer Science Course Prerequisites and Progression

Legal References:

  • Standards for Accreditation 1-C.2, 1-C.2.1, 1-C.2.2, 1-C.2.3

  • DESE Guidelines for the Development of Smart Core 

    Curriculum Policy

  • DESE Rules Governing Distance and Digital Learning

  • Smart Core Information Sheet

  • Smart Core Waiver Form

  • Commissioner’s Memo LS-18-082

  • A.C.A. § 6-4-302

  • A.C.A. § 6-15-2906

  • A.C.A. § 2911

  • A.C.A. § 6-16-122

  • A.C.A. § 6-16-143

  • A.C.A. § 6-16-149

  • A.C.A. § 6-16-150

  • A.C.A. § 6-16-152

  • A.C.A. § 6-16-1901 et seq.

  • A.C.A. § 6-28-115

Date Adopted: 10/16/17

Revised:

  • 7/9/19

  • 5/27/21

  • 2/8/22

Last Revised: 5/1/23

4.45 P2 OTHER LOCAL CREDIT PHYSICAL EDUCATION

Beginning with the 2022 - 2023 school year, student-athletes may elect to enroll in a local athletics credit for AAA eligibility calculation only. Other Local Credit - Physical Education is beyond the allowable amount counted toward the 22 required credits to graduate.

This credit will not replace the DESE-required guidance and rule regarding physical education (no more than one credit can count toward P.E.) and cannot be counted toward graduation or any GPA.

Date Adopted: 9/13/22

4.46 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

The Pledge of Allegiance shall be recited:

  1. During the first class period of each school day;

  2. At the commencement of each school-sanctioned after-school assembly; and

  3. At the commencement of each school-sanctioned sporting event; however, if two (2) or more school-sanctioned sporting events occur on the same day at the same school, then the Pledge may be recited at only one (1) of the school-sanctioned sporting events.

Students choosing to participate in the recitation of the Pledge shall do so by facing the flag with their right hands over their hearts, or in an appropriate salute if in uniform while reciting the Pledge. Students choosing not to participate shall either stand or sit quietly while the other students recite the Pledge.

Students shall not be compelled to recite the Pledge, but students who choose not to recite the Pledge shall not disrupt those students choosing to recite the Pledge. Students choosing not to recite the Pledge who do not disrupt those students who choose to recite the Pledge shall not be subject to any comments, retaliation, or disciplinary action.

Following the recitation of the Pledge, there shall be an observance of one (1) minute of silence. During the one (1) minute of silence, each student may reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student. Students who do not disrupt the one (1) minute of silence shall not be subject to any comments, retaliation, or disciplinary action.

Legal References:

  • A.C.A. § 6-10-115

  • A.C.A. § 6-16-108

Date Adopted: 6/8/21

4.47 POSSESSION AND USE OF CELL PHONES AND OTHER ELECTRONIC DEVICES

Students are responsible for conducting themselves in a manner that respects the rights of others. Possession and use of any electronic device, whether district or student-owned, that interferes with a positive, orderly classroom environment does not respect the rights of others and is expressly forbidden.

To protect the security of statewide assessments, no electronic device, as defined in this policy, shall be accessible by a student at any time during assessment administration unless specifically permitted by a student's individualized education program (IEP) or individual health plan; this means that when a student is taking an AESAA assessment, the student shall not have his/her electronic device in his/her possession. Any student violating this provision shall be subject to this policy's disciplinary provisions. The prohibition in this policy does not extend to the electronic device the District provides the student for the student’s use during assessment administration to the extent the student is using the District provided device to complete the assessment.

As used in this policy, “electronic devices” means anything that can be used to transmit or capture images, sound, or data.

Misuse of electronic devices includes, but is not limited to:

  1. Using electronic devices during class time in any manner other than specifically permitted by the classroom instructor;

  2. Permitting any audible sound to come from the device when not being used for reason #1 above;

  3. Engaging in academic dishonesty, including cheating, intentionally plagiarizing, wrongfully giving or receiving help during an academic examination, or wrongfully obtaining test copies or scores;

  4. Using the device to record audio or video or to take photographs in areas where a general expectation of personal privacy exists, including, but not limited to locker rooms and bathrooms;

  5. Creating, sending, sharing, viewing, receiving, or possessing an indecent visual depiction of oneself or another person.

Use of an electronic device is permitted to the extent it is approved in a student’s (IEP) or it is needed in an emergency that threatens the safety of students, staff, or other individuals.

Before and after normal school hours, possession of electronic devices is permitted on the school campus. The use of such devices at school-sponsored functions outside the regular school day is permitted to the extent and within the limitations allowed by the event or activity the student is attending.

A parent shall obtain approval from the student’s building principal before operating a student-tracking safety device at school or at a school-sponsored event if the device has recording or listen-in capability. The District requires the device’s recording and listen-in technology to be disabled while the device is on the campus or at the school-sponsored event because of student privacy concerns. The District prohibits unauthorized audio or visual recordings or transmission of audio or images of other students. The student’s parent shall agree in writing to the requirement for the device’s recording and listening-in technology to be disabled and that the District may prohibit future use of the device on campus or at a school-sponsored activity if it is determined that the device’s recording or listening-in capabilities were used in violation of this policy before the student safety tracking device may be on campus or at a school-sponsored event.

The student and/or the student’s parents or guardians expressly assume any risk associated with students owning or possessing electronic devices. Students misusing electronic devices shall have them confiscated. Confiscated devices may be picked up at the school’s administration office by the student’s parents or guardians. Students have no right of privacy as to the content contained on any electronic devices that have been confiscated. A search of a confiscated device shall meet the reasonable individualized suspicion requirements of Policy 4.32—Search, Seizure, and Interrogations.

Students who use school-issued cell phones and/or computers for non-school purposes, except as permitted by the district’s Internet/computer use policy, shall be subject to discipline, up to and including suspension or expulsion. Students are forbidden from using school issued cell phones while driving any vehicle at any time. Violation may result in disciplinary action up to and including expulsion.

No student shall use any wireless communication device for the purposes of browsing the internet; composing or reading emails and text messages, or making or answering phone calls while driving a motor vehicle that is in motion and on school property. Violation may result in disciplinary action up to and including suspension.

Legal References: 

  • A.C.A. § 6-15-2907

  • A.C.A. § 6-18-515 A.C.A. § 27-51-1602 A.C.A. § 27-51-1603 A.C.A. § 27-51-1609

  • DESE Test Administration Manual

Date Adopted: 6/01/14

Revised: 

  • 8/11/15

  • 10/16/17

  • 10/09/18

  • 7/9/19

Last Revised: 3/10/2020

4.48: VIDEO SURVEILLANCE AND OTHER STUDENT MONITORING

The Board of Directors has a responsibility to maintain discipline, protect the safety, security, and welfare of its students, staff, and visitors while at the same time safeguarding district facilities, vehicles, and equipment. As part of fulfilling this responsibility, the board authorizes the use of video/audio surveillance cameras, automatic identification technology, data compilation devices, and technology capable of tracking the physical location of district equipment, students, and/or personnel.

The placement of video/audio surveillance cameras shall be based on the presumption and belief that students, staff and visitors have no reasonable expectation of privacy anywhere on or near school property, facilities, vehicles, or equipment, with the exception of places such as rest rooms or dressing areas where an expectation of bodily privacy is reasonable and customary.

Signs shall be posted on campus buildings and in district vehicles to notify students, staff, and visitors that video cameras may be in use. Parents and students shall also be notified through the student handbook that cameras may be in use in school buildings, on school grounds and in school vehicles. Students will be held responsible for any violations of school discipline rules caught by the cameras and other technologies authorized in this policy.

The district shall retain copies of video recordings until they are erased which may be accomplished by either deletion or copying over with a new recording. Other than video recordings being retained under the provisions of this policy’s following paragraph, the district’s video recordings may be erased any time greater than 15 days after they were created.

Videos, automatic identification, or data compilations containing evidence of a violation of student conduct rules and/or state or federal law shall be retained until the issue of the misconduct is no longer subject to review or appeal as determined by board policy or student handbook any release or viewing of such records shall be in accordance with current law.

Students who vandalize, damage, disable, or render inoperable (temporarily or permanently) surveillance cameras and equipment, automatic identification, or data compilation devices shall be subject to appropriate disciplinary action and referral to appropriate law enforcement authorities.

All requests to view on-campus surveillance footage, involving disciplinary infractions, should be forwarded to the Director of Pupil Services. Surveillance footage may be viewed at the discretion of the Director of Pupil Services. Copies of surveillance footage will not be released, unless subpoenaed by the Court.

Legal References:
20 USC 1232g
20 U.S.C. 7115
34 CFR 99.3, 4, 5, 7, 8, 10, 12, 31

Date Adopted: 8/15/15
Last Revised:

4.49 SPECIAL EDUCATION

In accordance with the Individuals With Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and Arkansas Statutes, the district shall provide a free appropriate public education and necessary related services to all children with disabilities who reside:

  • Within the district boundaries; or

  • Outside of the District boundaries but are enrolled in the District

It is the intent of the district to ensure that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated and provided with appropriate educational services. Students may be disabled within the meaning of Section 504 of the Rehabilitation Act even though they do not require services pursuant to the IDEA.

For students eligible for services under IDEA, the District shall follow procedures for identification, evaluation, placement, and delivery of services to children with disabilities provided in the state and federal statutes governing special education. Implementation of an Individualized Education Program (IEP) in accordance with the IDEA satisfies the district's obligation to provide a free and appropriate education under Section 504.

The Board directs the superintendent to ensure procedures are in place for the implementation of special education services and that programs are developed to conform to the requirements of state and federal legislation. The superintendent is responsible for appointing a district coordinator for overseeing district fulfillment of its responsibilities regarding students with disabilities. Among the coordinator’s responsibilities shall be ensuring district enforcement of the due process rights of students with disabilities and their parents.

Cross Reference: 6.7 Complaints

Legal References: 

  • 34 C.F.R. part 300 et seq. 20 U.S.C. §1400 et seq.

  • 29 U.S.C. § 794

  • 42 U.S.C. §12101 et seq.

  • A.C.A. § 6-41-102

  • A.C.A. § 6-41-103

  • A.C.A. § 6-41-201 et seq.

Date Adopted: 8/11/15

Revised: 10/16/17

Last Revised: 2/12/2020

4.49P1: FREE APPROPRIATE PUBLIC EDUCATION (FAPE) FOR CHILDREN WITH DISABILITIES UNDER THE IDEA

General Information

A free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA) must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in 34 Code of Federal Regulations (CFR) § 300.530(d). See 20 U.S.C. 1412(a) (1) (A); 34 C.F.R. § 300.101(a); Arkansas Code Annotated (A.C.A.) 6-41-201, et seq.

Arkansas Code Annotated § 6-18-202 states: Age and residence for attending public schools.

(a.) The public schools of any school district in this state shall be open and free through completion of the secondary program to all persons in this state between the ages of five (5) and twenty-one (21) years whose parents, legal guardians, or other persons having lawful control of the person under an order of a court reside within the school district and to all persons between those ages who have been legally transferred to the district for education purposes.

Arkansas Attorney General’s Opinion No. 98-185 makes the following statement:

Although local school districts have wide discretion in establishing their own internal policies, they cannot establish policies that contradict state law. The requirement of A.C.A. 6-18-202(a) that school districts be open to persons through age twenty-one is stated in mandatory terms. Moreover, it does not state any exceptions or conditions.

District Policy

The Pulaski County Special School District (hereafter, the District) adheres to requirements set forth in the IDEA and its implementing regulations that an eligible child with a disability between the ages of 3 and 21, inclusive, shall have available a free appropriate public education (FAPE), including children with disabilities who have been suspended or expelled from school, as provided for in 34 C.F.R. § 300.530(d). The age range for making FAPE available is consistent with Arkansas state law addressing public school attendance.

For purposes of this policy, the following definition applies:

1. Free appropriate public education or FAPE means special education and related services that-

a. Are provided at public expense, under public supervision and direction, and without charge;

b. Meet the standards of the State Education Agency, including the requirements of IDEA;

c. Include an appropriate preschool, elementary school, or secondary school education in the District; and

d. Are provided in conformity with a child’s individualized education program (IEP) that meets the requirements of IDEA as noted in 34 C.F.R. §§ 300.320 through 300.324. [Authority: 20 U.S.C. 1401(9)]

Termination of FAPE eligibility

A child’s right to FAPE under the IDEA is terminated when the child’s eligibility ends due to graduation from secondary school with a regular diploma or due to exceeding the age eligibility for FAPE under State law. [34 C.F.R. §300.305 (e)(2)]

Legal References

20 United States Code (U.S.C.) 1412 (a)(1)
34 Code of Federal Regulation (C.F.R.), Sections 300.103 - 300.107
Arkansas Code Annotated (A.C.A.) 6-41-201, et seq.
Arkansas Department of Education Special Education Procedural Regulations, Section 5.00

Date Adopted: 09/21/16

4.49P2: INDEPENDENT EDUCATIONAL EVALUATION (IEE)

GENERAL INFORMATION

An Independent Educational Evaluation (IEE) is an activity conducted pursuant to federal and state laws and regulations which establish certain procedures to ensure that children with disabilities and their parents are provided procedural safeguards with respect to the provision of a free appropriate public education under the Individuals with Disabilities Education Act (IDEA). See 20 U.S.C. §1415(b) (1) and (d) (2) (A); 34 C.F.R. § 300.502; A.C.A. 6-41-201, et seq.

DISTRICT POLICY

The Pulaski County Special School District (hereafter, the District) adheres to requirements set forth in the IDEA and its implementing regulations that a parent/legal guardian of a child suspected of having or having a disability has the right to obtain an independent educational evaluation of the child subject to provisions of the IDEA and this policy.

For the purposes of this policy, the following definitions apply:

  1. Independent Educational Evaluation means an evaluation conducted by a qualified examiner who is not employed by the district responsible for the education of the child in question (in this case, the PCSSD).

  2. Public expense means that the District either pays for the full cost of the evaluation or evaluation component(s) or ensures that the evaluation or evaluation component(s) are otherwise provided at no cost to the parent/legal guardian.

EVALUATION AT PUBLIC EXPENSE

  1. A parent/legal guardian has the right to an IEE at public expense if he/she disagrees with an evaluation or components of an evaluation completed or obtained by the District, subject to conditions set forth in the IDEA. The IEE must arise from a parent’s/legal guardian’s disagreement with the District’s most recent evaluation or re-evaluation of the child. If the parent/legal guardian refuses to consent to a proposed evaluation initiated by the District, an IEE at public expense is not available because there is no public evaluation with which the parent/legal guardian can disagree.

  2. If the District has not conducted or obtained its own evaluation, the parent/legal guardian does not have a right to an IEE within the meaning of this policy until such time as the District performs its own evaluation and the parent/legal guardian disagrees with the District’s evaluation.

  3. A parent/legal guardian is not required to notify the District prior to obtaining an IEE. If a parent/legal guardian requests an IEE, the District may ask for the reason why he/she objects to the District’s evaluation. However, the District may not require the parent/legal guardian to provide an explanation and may not unreasonably delay either providing the parent/legal guardian the IEE or filing a special education due process complaint to request a due process hearing to defend the District’s evaluation. There is no requirement that the parent/legal guardian specify areas of disagreement with the District’s evaluation as a prior condition to obtaining the IEE.

  4. If a parent/legal guardian requests an IEE at the District’s expense, the district will, without unnecessary delay:

    1. Provide the parent/legal guardian with a copy of this policy and the District’s IEE procedures;

      1. Provide information to the parent/legal guardian about where an IEE may be obtained and the District’s criteria applicable to an IEE; and

      2. Either:

        1. Initiate a special education due process hearing to show that its evaluation is appropriate, or

        2. Ensure an IEE is provided at the District’s expense.

  5. If the District initiates a due process hearing and the final decision supports the appropriateness of the District’s evaluation, the parent/legal guardian still has the right to an IEE but not at public expense.

  6. A parent/legal guardian is entitled to only one (1) IEE at the District’s expense each time the district conducts or obtains an evaluation with which the parent/legal guardian disagrees.

  7. If the parent’s/legal guardian’s request falls within the scope of the IDEA’s provisions for an IEE and the District determines it will not provide an IEE at public expense, the District will initiate a special education due process hearing without unnecessary delay to show that its evaluation is appropriate. If the final decision of the hearing is that the District’s evaluation is appropriate, the parent/legal guardian still has a right to an IEE, but not at the District’s expense.

  8. An IEE, whether at public or private expense, will be considered by the District, if it meets the District’s criteria, in any decision made with respect to the provision of a free appropriate public education (FAPE) to the child. The IEE may be presented as evidence at a special education due process hearing regarding the child.

  9. If an IEE is obtained at the District’s expense, the criteria under which the evaluation is obtained, including the geographic location of the evaluation and the qualifications of the examiner, must be the same as the criteria which the District uses when it initiates an evaluation. Cost limitations may be set forth based on reasonable and customary assessment rates in the geographic region and those incurred by the District for its evaluations. The Director of Special Education shall maintain a list of qualified independent evaluators in each of the various disciplines commonly relied upon to provide education-related evaluations and assessments and shall make that list available to any parent/legal guardian who requests it.

  10. Except for the criteria described in this policy, the District shall impose no other conditions related to obtaining an independent educational evaluation at District expense.

DISTRICT CRITERIA FOR AN INDEPENDENT EDUCATIONAL EVALUATION

The following criteria must be met in order for reimbursement to be provided for an IEE within the meaning of the IDEA. Arrangements can also be made to make payment directly to the evaluator(s).

  1. Locations Limitation for Evaluators. The office of the independent evaluator must be within the same geographic area that the District would use for its independent evaluation, should it request one. The evaluation itself must include observations in a natural setting (e.g., local classroom, or home/preschool for a preschool child). The location requirements may be waived or modified in special circumstances when unique diagnostic expertise is warranted, providing the parent/legal guardian can demonstrate the necessity of using an evaluator outside the specified geographic area.

  2. Qualifications of the Evaluator. A list of qualified independent evaluators who meet the minimum qualifications will be available from the District Special Education office. The evaluation must be conducted by an evaluator that meets State and District requirements for licensure and/or certification for conducting the type of IEE being requested.

  3. Cost Limitations. Reasonable and customary rates for the type of evaluation sought may be established by the District based upon services currently provided by evaluators in the geographic region. Residents of Pulaski County who are patrons of the District should not incur lodging expenses in order to obtain an IEE within the geographic area. Reasonable travel and meal costs may be reimbursable if deemed appropriate and necessary.
    Costs above customary amounts will be approved 
    only if the parent can demonstrate that the costs reflect a reasonable and customary rate for such evaluative services or if the parents can demonstrate that there are other factors that make the extraordinary costs necessary.

  4. Approved Assessment Instruments. All evaluation instruments must be administered by the qualified evaluator, be age appropriate for the child, and be administered and scored in conformance with the publisher’s instructions. The evaluation instruments must be standardized and, to the extent practicable, norm-referenced and meet standards of the
    American Psychological Association (APA). The evaluation instruments are to be chosen on the basis of their relevancy to the educational questions to be addressed by the evaluation and sufficient in scope to diagnose the presence or absence of a clinical impairment. This means that the instruments should be those which are commonly known to, and used by, public school professionals.

  5. The independent evaluator must be allowed to conduct in-class observations. if the District’s evaluator observed the child as part of his/her assessment, or as a required component of the evaluation. The evaluator must be permitted to directly communicate and share information with District staff, as necessary to the completion of the IEE.

  6. Conflict of Interest. The independent evaluator must be free of any conflict of interest, and the subsequent IEE must not be of benefit to any particular public, non-public, or private school, agency or institution.

  7. Release of Assessment Results. As part of the contracted IEE, the independent evaluator must agree to release the assessment information and results directly to the District prior to the receipt of payment for services. Independent evaluators must agree to make all test protocols available to District staff for review when requested. Payment will not be made until it is determined that the IEE meets the same criteria as that required of the District in conducting an evaluation.

  8. Written Report. The independent evaluator must provide a complete written report containing all test results, findings/conclusions and recommendations for the District’s consideration. Test interpretations and conclusions stated in the written report must be directly and clearly supported by the test data. Recommendations made as a result of the evaluation must be educationally relevant and realistic relative to implementation within an educational setting.

IEE PROCEDURES

PARENT REQUEST FOR AN IEE

  1. The parent/guardian of the child must present his/her request for an IEE in writing to the District. The written request must be forwarded immediately to the Director of Special Education.

  2. Upon receipt of the written request, the Director of Special Education may ask that the parent/legal guardian state his/her reason(s) for disagreement with the evaluation conducted by the District. However, the District cannot require the parent/legal guardian to do so, and the refusal of the parent/legal guardian shall not delay the process required by this policy.

  3. When the parent/legal guardian requests an IEE, the Director of Special Education will, without unreasonable delay, provide the parent/legal guardian a copy of this policy and procedures, as well as information about where an IEE may be obtained and the District’s criteria applicable to an IEE.

  4. When the District receives a request from the parent/legal guardian for an IEE, the District will, without unreasonable delay and not later than ten (10) school days of receipt of the request for an IEE in writing from a parent/legal guardian, inform the parent/legal guardian that the District:

    1. Will pay for the requested evaluation subject to the requirements of this policy, or

    2. Will initiate due process to defend the District’s evaluation.

  5. If the District decides that it will initiate due process to defend its evaluation, then it will follow the process required by State Special Education rules relative to parent/legal guardian and Arkansas Department of Education notification of that decision and request for a due process hearing.

  6. If the District decides that it will not initiate due process, then the District must inform the parent/legal guardian in writing that an IEE will be provided at public expense. The written correspondence will contain the following information:

    1. Assurance that the District will pay for an IEE as long as the evaluation meets all of the requirements of an appropriate evaluation and is in compliance with this policy.

    2. A statement that the independent evaluator must be permitted to directly communicate and share information with District staff.

    3. Prior to conducting the evaluation, the parent/legal guardian must provide the evaluator with a signed release form that will authorize the evaluator to release to the District all testing data, reports, copies of test protocols (including parent, teacher and student surveys), billing records and any other information generated, used or considered by the evaluator during the IEE process. A District parental consent for third- party release of information request form specifying the requested information will be provided to the parent/legal guardian with the correspondence for this purpose.

    4. A statement that the district will not pay for the evaluation until it receives directly from the independent evaluator a complete copy of a written report of the evaluation and determines that the evaluation is in compliance with this policy.

    5. Direction that the parent/legal guardian is responsible for arranging for the evaluation and ensuring that the independent evaluator contacts the Director of Special Education to provide the District with required information and forms to arrange for direct payment of the IEE.

PARENT REQUEST FOR PAYMENT FOR PREVIOUSLY COMPLETED IEE

  1. The parent/legal guardian of a child may obtain an IEE without notification to the District and then request payment for that evaluation.

  2. If the parent/legal guardian is requesting payment for an IEE already completed, the parent/ legal guardian must notify the District in writing of that request. The written request must be forwarded immediately to the Director of Special Education.

  3. Within a reasonable time of the receipt of the request, the District will, without unreasonable delay and not later than ten (10) school days of receipt of the request, notify the parent/ legal guardian as to whether the District will initiate due process to establish the appropriateness of its evaluation or pay for the IEE obtained at parent/legal guardian expense.

  4. If the District decides to pay for the IEE, the Director of Special Education shall issue correspondence advising the parent/legal guardian that the District will not reimburse the parent/legal guardian for the evaluation until:

    1. It receives a complete and unredacted copy of the report of evaluation and determines that the evaluation is in compliance with this policy.

    2. It requires documentation from the parent/legal guardian substantiating that he/she paid for or incurred the obligation to pay for the evaluation without receiving reimbursement from a public or private source of insurance or other reimbursement.
      A copy of the District’s IEE policy and procedures must be enclosed with the correspondence. The correspondence will be sent by certified mail or by other independently verifiable means of conveyance.

  5. If the District decides to pay for the IEE, the District’s criteria, including the geographic location of the evaluator(s), the minimum qualifications of the evaluator(s), the cost of the evaluation, and the use of approved assessment instruments must be met. If the cost of the IEE exceeds the District’s cost limitations, the District will inform the parent that the District will pay the portion of the cost that is within the District’s limitations, if the District determines that an appropriate IEE could have been obtained with the cost limitations.

REQUESTS FOR EVALUATIONS BY HEARING OFFICERS

If a hearing officer in a special education due process hearing orders an independent educational evaluation as part of a hearing on a due process complaint, the cost of the evaluation must be at public expense.

Legal References:

  • Commissioner’s Memo FIN-09-044

  • Commissioner’s Memo FIN-15-122

  • Commissioner’s Memo CNU-17-051

  • Commissioner’s Memo CNU-18-008

  • Commissioner’s Memo CNU-18-023

  • Commissioner’s Memo CNU-18-025

  • 7 CFR 210.10(g)

Date Adopted: 08/11/15
Last Revised: 2/1/18

4.51 FOOD SERVICE PREPAYMENT

Meal Charges

The district does not provide credit for students to charge for meals, a la carte, or other food and beverage items available for purchase in the school food service areas. Meals, a la carte, or other food and beverage items may be purchased by either providing payment for the items at the time of receipt or by having a prepaid account with the District that may be charged for the items. Parents, or students choosing to do so, may pay in advance for meals, a la carte, or other food and beverage items through any of the following methods:

  • Submitting cash or check payment at the local school;;

  • Depositing funds through MyPaymentsPlus.com

A student’s parents will be contacted by authorized District personnel regarding a student’s prepaid account balance at the following times:

Unpaid Meal Access

In accordance with Arkansas law, the District allows students whose accounts do not have enough funds to purchase a meal to receive an unpaid reimbursable meal at no charge. TheDistrict will notify a student’s parents:

  • When the student’s prepaid account balance has dropped to the point that the student will begin receiving unpaid meals;

  • Each time the student receives the first unpaid meal after money has been deposited into the student’s prepaid account; and

  • After the student has received five (5) unpaid meals.

Students who have submitted proper documentation to receive a meal modification in accordance with Policy 4.50—School Meal Modifications shall receive the same type of modification for an unpaid meal.

Legal References:

  • Commissioner’s Memo CNU-17-003

  • Commissioner’s Memo CNU-17-024

Date Adopted: 6/01/13
Last Revised: 8/11/15
Revised: 10/16/17
Last Revised: 7/9/19

4.52 STUDENTS WHO ARE FOSTER CHILDREN

The District will afford the same services and educational opportunities to foster children that are afforded other children and youth. The District shall work with the Department of Human Services (“DHS”), the Division Elementary Secondary Education (DESE), and individuals involved with each foster child to ensure that the foster child is able to maintain his/her continuity of educational services to the fullest extent that is practical and reasonable.

The Superintendent or his/her designee shall appoint an appropriate staff person to be the local educational liaison for foster children and youth whose responsibilities shall include ensuring the timely school enrollment of each foster child and assisting foster children who transfer between schools by expediting the transfer of relevant educational records.

The District, working with other individuals and agencies shall, unless the presiding court rules otherwise or DHS grants a request to transfer under Foster Child School Choice, ensure that the foster child remains in his/her school of origin, even if a change in the foster child’s placement results in a residency that is outside the district. In such a situation, the District will work with DHS to arrange for transportation to and from school for the foster child to the extent it is reasonable and practical.

Upon notification to the District’s foster care liaison by a foster child’s case worker that a foster child’s school enrollment is being changed to one of the District’s schools, the school receiving the child must immediately enroll him/her. Immediate enrollment is required even if a child lacks the required clothing, academic or medical records, or proof of residency.

A foster child’s grades shall not be lowered due to absence from school that is caused by a change in the child’s school enrollment, the child’s attendance at dependency-neglect court proceedings, or other court-ordered counseling or treatment.

Any course work completed by the foster child prior to a school enrollment change shall be accepted as academic credit so long as the child has satisfactorily completed the appropriate academic placement assessment.

If a foster child was enrolled in a District school immediately prior to completing his/her graduation requirements while detained in a juvenile detention facility or while committed to the Division of Youth Services of DHS, the District shall issue the child a diploma.

Foster Child School Choice

If DHS approves a request from a foster parent, or the foster child if the foster child is eighteen (18) years of age, to transfer to another school in the District or into the district as being in the best interest of the foster child, the District shall allow the foster child to transfer to another school in the District or into the District if the foster parent, or the foster child if the foster child is eighteen (18) years of age, submits a request to transfer on a form approved by DESE that is postmarked by no later than May 1 of the year the student seeks to begin the fall semester at another school in the District or in the District.

By July 1 of the school year in which the student seeks to transfer under this section, the superintendent shall notify the foster parent, or the foster child if the foster child is eighteen years of age, in writing whether the application has been accepted or rejected. If the application is accepted, the superintendent shall state in the notification letter a reasonable deadline for the foster child to enroll in the new school or the District and that failure to enroll by the date shall void the school choice acceptance. If the application is rejected, the superintendent shall state in the notification letter the reason for the rejection and that the foster parent, or the foster child if the foster child is eighteen (18) years of age, may submit a written appeal of the rejection to the State board within ten (10) days of receiving the notification letter.

The District shall only reject a Foster Child School Choice application if:

  1. The public school or District has reached the maximum student-to-teacher ratio allowed under federal law; state law; the standards for accreditation; or other applicable State rule or Federal regulation; or

  2. Approving the transfer would conflict with a provision of an enforceable desegregation court order or a public school district’s court-approved desegregation plan regarding the effects of past racial segregation in student assignment.

A foster child whose application is rejected by the District may submit a written request within ten (10) days following the receipt of the rejection letter from the superintendent to the State Board of Education for the State Board to reconsider the transfer.

  • A Foster Child School Choice transfer shall remain in effect until the foster child:

  • Graduates from high school; or

  • Transfers to another school or school district under:

    • The Foster Child School Choice Act;

    • Opportunity Public School Choice Act of 2004;

    • The Public School Choice Act of 2015; or

    • Any other law that allows a transfer.

The District shall accept credits toward graduation that were awarded by another public school district.

When a foster child transfers from the foster child’s school of origin to another school in the District or into the District, the foster child or the foster parent is responsible for the foster child’s transportation to and from the school the foster child transferred to. The District and the foster parent, or the foster child if the foster child is eighteen (18) years of age, may enter into a written agreement for the District to provide transportation to and from the school the foster child transferred to.

Cross References:

  • 4.1 Residence Requirements

  • 4.2 Entrance Requirements

  • 4.5 School Choice

  • 4.7 Absences

Legal References:

  • A.C.A. § 6-18-233

  • A.C.A. § 9-28-113

Date Adopted:

  • 04/01/15

  • 10/16/17

  • 6/26/19

Last Revised: 2/12/2020

4.55P STUDENT PROMOTION AND RETENTION

A disservice is done to students through social promotion and is prohibited by state law. The District shall, at a minimum, evaluate each student annually in an effort to help each student who is not performing at grade level. Parents, legal guardians, persons having lawful control of a student, or persons standing in loco parentis shall be kept informed concerning the progress of their student(s). Notice of a student’s possible retention or required retaking of a course shall be included with the student’s grades sent home to each parent/guardian or the student if 18 or older. Parent-teacher conferences are encouraged and may be held as necessary in an effort to improve a student’s academic success.

At least once each semester, the parents, legal guardians, persons having lawful control of a student, or persons standing in loco parentis, and teacher(s) of a student in kindergarten through eighth (8th) grade shall be notified in writing of the student’s independent grade-level-equivalency in reading.

Any grades, course credits, and/or promotions received by a student while enrolled in the Division of Youth Services system of education shall be considered transferable in the same manner as those grades, course credits, and promotions from other accredited Arkansas public educational entities.

Elementary School Level

At the elementary school level, the school shall, at a minimum, evaluate each student annually in an effort to help students who are not performing at grade level. Parents or guardians shall be kept informed concerning the progress of their student(s). 

Parent-teacher conferences are encouraged and may be held as necessary in an effort to improve a student’s academic success. If a student is to be retained in a grade, notice of retention and reason will be communicated promptly.  Each elementary/middle school shall have a biracial retention committee composed of the following:

  • The counselor assigned to the student

  • Principal or assistant principal

  • Classroom teacher(s) who currently work with the student or core team

  • Additional teachers (for example, one on the student’s grade level and one from the next grade level)

  • Instructional Coaches in the school (Math, Literacy)

  • A 504/special education representative (if applicable)

  • The student’s parent(s), legal guardian(s), persons having lawful control of a student, or persons standing in loco parentis.

In order to determine the promotion or retention of a student, the school-based retention committee shall convene. The committee conference shall be held at a time and place that best accommodates those participating in the conference. The school shall document participation or non-participation in required conferences. Promotion or retention, as discussed by the committee, shall be primarily based on the following criteria:

  • Academic achievement (reading, language arts, math, science, and social studies in applicable grades)

  • Statewide achievement test scores as an artifact of mastery

  • School attendance

  • Physical maturity and age

  • Social and emotional maturity

  • Teacher recommendation

  • Light’s Retention Scale instrument

  • Medical history

  • Work samples

  • Prior educational history

If the committee determines that retention is in the student’s best interest, the committee will develop a plan for promotion based on academic data to address the areas where proficiency has not been achieved. If the parent/guardian feels the committee's decision has been reached in error, the decision can be appealed to the Deputy Superintendent of Learning of Services.

Middle School Level

At the middle school level, a student is expected to progress annually from grade to grade. A student must pass both semesters of English, math, science, social studies, and required grade-level electives to be promoted to the next grade level. Additionally, students, in the judgment of the professional staff, at risk of not reaching sufficient proficiency in basic skills to be potentially successful at the next grade level will be referred to the retention committee.

Each middle school shall have a biracial retention committee composed of the following:

  • The counselor assigned to the student

  • Principal or assistant principal

  • Classroom teacher(s) who currently work with the student or core team

  • Additional teachers (for example, one on the student’s grade level and one from the next grade level)

  • Instructional Coaches in the school (Math, Literacy)

  • A 504/special education representative (if applicable)

  • The student’s parent(s), legal guardian(s), persons having lawful control of a student, or persons standing in loco parentis.

This committee will review all available information, including but not limited to the data listed below, and determine the grade placement in the student’s best educational interest.

  • Academic achievement (successful completion of language arts, math, science, and social studies)

  • Statewide achievement test scores as an artifact of mastery 

  • School attendance

  • Physical maturity and age

  • Social and emotional maturity

  • Teacher recommendation

  • Medical history

  • Work samples

  • Prior educational history

If the committee determines that retention is in the student’s best interest, the committee will develop a plan for promotion based on academic data to address the areas where proficiency has not been achieved. If the parent/guardian feels the committee's decision has been reached in error, the decision can be appealed to the Deputy Superintendent of Learning of Services.

High School Level

High school students must earn a specific number of credits each year to be promoted to the next grade. Students in grade (9) must earn a minimum of five and one-half (5.5) academic credits to be promoted to grade ten (10). Students must earn eleven (11) academic credits to be promoted to grade eleven (11) and sixteen and one-half (16.5) academic credits to be promoted to grade twelve (12).  Students on a graduation plan for “on-time” graduation who earn the required credits for promotion to their appropriate grade classification may be reclassified at the next semester’s grading period. 

Student Success Plan (SSP) 

Each student, 8th grade and above, shall have a student success plan (SSP) developed by school personnel in collaboration with the student’s parents and the student that is reviewed and updated annually. A student’s SSP shall use multiple academic measures to personalize learning in order for students to achieve their grade-level expectations and individual growth. The SSP will identify if the student is in need of additional support or acceleration. Academic measures to be used in creating and updating a student’s SSP shall include, but are not limited to:

  • Statewide student assessment results;

  • Subject grades;

  • Student work samples; and

  • Local assessment scores.

By the end of grade eight (8), the student’s SSP shall:

  • Guide the student along pathways to graduation;

  • Address accelerated learning opportunities;

  • Address academic deficits and interventions; and 

  • Include college and career planning components.

Based on a student’s score on the college and career assessment:

  • The student’s SSP will be updated in order to assist the student with college and career readiness skills, course selection in high school, and improved academic achievement; and

  • Provide a basis for counseling concerning postsecondary preparatory programs.

An SSP shall be created:

  1. By no later than the end of the school year for a student in grade eight (8) who is enrolled in the District, enrolls in the District during the school year; or

  2. As soon as reasonably possible for a student in grade nine (9) or above who enrolls in the District at the beginning or during the school year.

Individualized Education Program (IEP) 

A student’s individualized education program (IEP) may act in the place of the student’s SSP if the IEP addresses academic deficits and interventions for the student’s failure to meet standards-based academic goals at an expected rate or level and includes a transition plan that addresses college and career planning components. Promotion or retention of students with an IEP shall be based on their successful attainment of the goals set forth in their IEP. 

Statewide Assessment

Students who either refuse to sit for a Statewide assessment or attempt to boycott a Statewide assessment by failing to put forth a good faith effort on the assessment as determined by the assessment administrator/proctor, or whose parents do not send their student to school on the dates the assessments are originally administered or scheduled as make-up days shall not be permitted to participate in any non-curriculum related extracurricular activity, including school dances, prom, homecoming, senior events, and may be prevented from walking or participating in graduation exercises. The student shall remain ineligible to participate until the student takes the same or a following Statewide assessment, as applicable. The Superintendent or designee may waive this paragraph's provisions when the student’s failure was due to exceptional or extraordinary circumstances. Students falling under the provisions of this paragraph shall be permitted to attend curriculum-related field trips occurring during the school day. 

Cross References

  • 3.30—Parent-teacher Communication

  • 4.56—Extracurricular Activities - Secondary Schools

  • 4.56.1—Extracurricular Activities - Elementary

Legal References:

  • A.C.A. § 6-15-2001

  • A.C.A. § 6-15-2005

  • A.C.A. § 6-15-2006

  • A.C.A. § 6-15-2907

  • A.C.A. § 6-15-2911

  • A.C.A. § 9-28-205

  • DESE Rules Governing the Arkansas Educational Support and Accountability Act

  • DESE Rules Governing Grading and Course Credit

  • Murphy v. State of Ark., 852 F.2d 1039 (8th Cir. 1988)

Date Adopted: 

  • 3/08/66

Revised:

  • 10/10/72

  • 3/13/84

  • 11/11/86

  • 7/10/90

  • 3/10/98

  • 3/12/02

  • 8/12/03

  • 6/13/06

  • 1/09/07

  • 3/10/09

  • 4/19/11

  • 2/05/13

  • 1/12/16

  • 10/16/17

  • 6/11/19

  • 2/12/2020

  • 8/13/2020

  • 9/15/2021

  • 2/8/2022

  • 4/11/2023

Last Revised:

  • 2/13/2024

4.56 EXTRACURRICULAR ACTIVITIES - SECONDARY SCHOOLS

 Definitions:

“Academic Courses” are those courses for which class time is scheduled, which can be credited to meet the minimum requirements for graduation, which are taught by a teacher required to have State licensure in the course or is otherwise qualified under Arkansas statute, and has a course content guide which has been approved by the Division of Elementary and Secondary Education (DESE). Any of the courses for which concurrent high school credit is earned may be from an institution of higher education recognized by DESE. If a student passes an academic course offered on a block schedule, the course can be counted twice toward meeting the requirement for students to pass four (4) academic courses per semester as required by this policy.

“Extracurricular activities” are defined as any school-sponsored program where students from one or more schools meet, work, perform, and practice under supervision outside of regular class time or are competing for the purpose of receiving an award, rating, recognition, or criticism, or qualification for additional competition. Examples include but are not limited to, inter/intra-scholastic athletics, cheerleading, band, choral, math, or science competitions, field trips, and club activities.

 “Field Trips” are when individual students or groups of students are invited to programs or events when there is no competition, and the students are not interacting with each other for the purpose of planning, qualifying, or arranging for future programs or for the purpose of receiving recognition.

“Interscholastic Activities” means athletic or non-athletic/academic activities where students compete on a school vs. school basis.1

“Intra-scholastic Activities” means athletic or non-athletic/academic activities where students compete with students from within the same school.

“Supplemental Improvement Program (SIP)” is an additional instructional opportunity for identified students outside of their regular classroom and meets the criteria outlined in the current Arkansas Activities Association (AAA) Handbook.

 Extracurricular Eligibility

The Board believes in providing opportunities for students to participate in extracurricular activities that can help enrich the student’s educational experience. At the same time, the Board believes that a student’s participation in extracurricular activities cannot come at the expense of his/her classroom academic achievement. Interruptions of instructional time in the classroom are to be minimal, and absences from class to participate in extracurricular activities shall not exceed one per week per extracurricular activity (tournaments excepted). Additionally, a student’s participation in, and the District’s operation of, extracurricular activities shall be subject to the following policy. All students are eligible for extracurricular activities unless specifically denied eligibility on the basis of criteria outlined in this policy.

Any student who refuses to sit for a Statewide assessment or attempts to boycott a Statewide assessment by failing to put forth a good faith effort on the assessment as determined by the assessment administrator/proctor, or whose parents do not send their student to school on the dates the assessments are administered or scheduled as make-up days shall not be permitted to participate in any non-curriculum related extracurricular activity. The student shall remain ineligible to participate until the student takes the same or a following statewide assessment, as applicable. The superintendent or designee may waive this paragraph's provisions when the student’s failure was due to exceptional or extraordinary circumstances. Students falling under the provisions of this paragraph shall be permitted to attend curriculum-related field trips occurring during the school day.

 A student who enrolls in the district and meets the definition of “eligible child” in Policy 4.2—Entrance Requirements shall be eligible to try out for an extracurricular activity regardless of the date the student enrolls in the District so long as the student meets all other eligibility requirements and the extracurricular activity is still ongoing.

 A student and the parent or legal guardian of the student shall sign and return an acknowledgment of receipt and review of an information sheet regarding signs and symptoms of sudden cardiac arrest before the student may participate in an athletic activity and before each school year, the student participates in an athletic activity.

 No student shall be required to pay for individual or group instruction in order to participate in an extracurricular activity.

 Interscholastic Activities

 Each school in the District shall post on its website its schedule of interscholastic activities, including sign-up, tryout, and participation deadlines, at least one semester in advance of those activities. A hard copy of the schedule shall be available upon request.

ACADEMIC REQUIREMENTS: Junior High

A student promoted from the sixth to the seventh grade automatically meets scholarship requirements. A student promoted from the seventh to the eighth grade automatically meets scholarship requirements for the first semester. The second-semester eighth-grade student meets the scholarship requirements for junior high if he/she has successfully passed four (4) academic courses the previous semester.

The first-semester ninth-grade student meets the scholarship requirements for junior high if he/she has successfully passed four (4) academic courses the previous semester.

The second-semester ninth-grade student meets the scholarship requirements for junior high if he/she has successfully passed (4) academic courses the previous semester, which count toward his/her high school graduation requirements.

Ninth-grade students must meet the requirements of the senior high scholarship rule by the end of the second semester in the ninth grade in order to be eligible to participate in the fall semester of their tenth-grade year.

ACADEMIC REQUIREMENTS: Senior High

In order to remain eligible for competitive interscholastic activity, a student must have passed (4) academic courses the previous semester and either:

  1. Have earned a minimum Grade Point Average (GPA) of 2.0 from all academic courses the previous semester; or

  2. If the student has passed four (4) academic courses the previous semester but does not have a 2.0 GPA, the student must be enrolled and successfully participating in a SIP to maintain their competitive interscholastic extracurricular eligibility.

STUDENTS WITH AN INDIVIDUAL EDUCATION PROGRAM

In order to be considered eligible to participate in competitive interscholastic activities, students with disabilities must pass at least four (4) courses per semester as required by their individual education program (IEP).

Homeless Students

Students who are determined to be experiencing homelessness by the school’s homeless LEA shall be eligible for participation in interscholastic activities.

 ARKANSAS ACTIVITIES ASSOCIATION

 In addition to the foregoing rules, the district shall abide by the rules of AAA governing interscholastic activities. AAA provides catastrophic insurance coverage for students participating in AAA-governed extracurricular activities who are enrolled in school. As a matter of District policy, no student may participate in an AAA-governed extracurricular activity unless he or she is enrolled in a district school to ensure all students are eligible for AAA catastrophic insurance. 

Intra-scholastic Activities

AAA Governed Activities

Students participating in intra-scholastic extracurricular activities that would be governed by AAA if they were to occur between students of different schools shall meet all interscholastic activity eligibility requirements to be eligible to participate in the comparable intra-scholastic activity. The District will abide by the AAA Handbook for such activities to ensure District students are not disqualified from participating in interscholastic activities.

Non-AAA Governed Activities

Unless made ineligible by District policies, all students shall be eligible to participate in non-AAA governed intra-scholastic extracurricular activities. Intra-scholastic activities designed for a particular grade(s) or course(s) shall require the student to be enrolled in the grade(s) or course(s).

School Choice Transfers

A student who transfers under a legal school choice option shall not be denied participation in an extracurricular activity where the student transfers based exclusively on the student’s decision to transfer. A student who transfers after July 1 of the year the student enters grade seven (7) shall complete a Changing Schools/Athletic Participation form as defined by AAA, which must be signed by the:

  • Superintendent of the student's resident school district;

  • Superintendent of the nonresident school district to which the student transfers; and

  • Parent, legal guardian, person having lawful control of the student, or person standing in loco parentis to the student.

The completed Changing Schools/Athletic Participation form shall be filed with the non-resident school district where the student transfers and the AAA. The Changing Schools/Athletic Participation form shall be signed by the superintendent of a student's resident school district and the superintendent of the nonresident school district to which a student transfers unless there is demonstrable evidence of recruiting by the receiving school district personnel or that the student is transferring to the nonresident school district solely for athletic purposes.

Cross References:

  • 4.40—Homeless Students

  • 4.55—Student Promotion And Retention

  • 4.56.1—Extracurricular Activities - Elementary

Legal References:

Arkansas Activities Association Handbook

  • A.C.A. § 6-4-302

  • A.C.A. § 6-15-2907

  • A.C.A. § 6-16-151

  • A.C.A. § 6-18-114

  • A.C.A. § 6-18-115

  • A.C.A. § 6-18-227

  • A.C.A. § 6-18-713

  • A.C.A. § 6-18-1904

  • A.C.A. § 6-28-108

  • Commissioner’s Memo COM-18-009

  • Commissioner’s Memo LS-18-015

 Date Adopted: 7/25/23

4.56.2 EXTRACURRICULAR ACTIVITY ELIGIBILITY FOR HOME-SCHOOLED STUDENTS

Home-schooled student means a student legally enrolled in an Arkansas home school and who meets or has met the criteria for being a home-schooled student, as established by A.C.A. § 6-15-503.

Interscholastic activity means an activity between schools subject to rules of the Arkansas Activities Association that is outside the regular curriculum of the school district, such as an athletic activity, fine arts program, or a special interest group or club.

Each school in the District shall post on its website its schedule of interscholastic activities, including sign-up, tryout, and participation deadlines, at least one semester in advance of those activities. A hard copy of the schedule shall be available upon request.

Home-schooled students whose parents or guardians are legal residents of the school district will be permitted to pursue participation in an interscholastic activity in the student's resident school zone as permitted by this policy.

Home-schooled students whose parent or legal guardian are not residents of the school district will be permitted to pursue participation in an interscholastic activity in the District if: the superintendent of the student’s resident district and the superintendent of the District both agree in writing to allow the student to participate in interscholastic activities at the District.

• The superintendent of the student’s resident district and the superintendent of the District

  both agree in writing to allow the student to participate in interscholastic activities at the 

District; or

• The student's resident school does not offer interscholastic activity, and the superintendent of the non-resident district agrees to allow the student to enroll in the interscholastic activity.

Although not guaranteed participation in an interscholastic activity, home-school students who meet the provisions of this policy, AAA Rules, and applicable Arkansas statutes shall have an equal opportunity to try out and participate in inter-scholastic activities without discrimination. The District shall provide a reasonable alternative to any prerequisite for eligibility to participate in an interscholastic activity that the home-schooled student is unable to meet because of his or her enrollment in a home school.

No student shall be required to pay for individual or group instruction in order to participate in an interscholastic activity.

To be eligible to try out and participate in interscholastic activities, the student or the parent of a student shall mail or hand deliver the student's request to participate to the student's school's principal before the signup, tryout or participation deadline established for traditional students. Additionally, the student shall demonstrate academic eligibility by obtaining a minimum test score of the 30th percentile or better in the previous 12 months on the Stanford Achievement Test Series, Tenth Edition; another nationally recognized norm-referenced test; or a minimum score on a test approved by the State Board of Education.

A student who meets the requirements for eligibility to participate in an interscholastic activity is required to register for no more than one non-academic course in the District's school where the student intends to participate in an interscholastic activity that coincides with the interscholastic activity in which the homeschooled student participates and shall be required to be at school only when participation in the interscholastic activity requires other students who participate in the interscholastic activity to be at school.

The student shall regularly attend the class in which the student is registered beginning no later than the eleventh (11th) day of the semester in which the student's interscholastic activity participation is desired. The student must attend the practices for the interscholastic activity to the same extent as is required of traditional students.

A student and the parent or legal guardian of the student shall sign and return an acknowledgment of receipt and review of an information sheet regarding signs and symptoms of sudden cardiac arrest before the student may participate in an athletic activity and before each school year, the student participates in an athletic activity.

A home-schooled student who has met the tryout criteria; and who has been selected to participate in the interscholastic activity shall meet the following criteria that also apply to traditional students enrolled in the school:

  • standards of behavior and codes of conduct; 

  • attend the practices for the interscholastic activity to the same extent as is required of 

    traditional students;

  • required drug testing;

  • permission slips, waivers, physical exams; and

  • participation or activity fees.

  • A home-schooled student who is not a resident of the District may begin participating in interscholastic activities:


    a. Immediately upon being approved for participation in all interscholastic activities other 

    than athletic activities; and


    b. One (1) calendar year after being approved to participate in interscholastic activities that are athletic activities unless the approval is prior to July 1 of the school year, the student would have been enrolled in seventh (7th) grade if the student were enrolled in public school.

A home-schooled student who is not a resident of the District and is prohibited under this policy from participating in an interscholastic activity that is an athletic activity for one (1) calendar year may immediately participate in rehearsals, tryouts, practices, auditions, classes, or other endeavors associated with the interscholastic activity.

Students who participate in extracurricular or athletic activities under this policy will be transported to and from the interscholastic activities on the same basis as other students are transported.

A student who withdraws from an Arkansas Activities Association member school to be home-schooled shall not participate in an interscholastic activity in the resident school district for a minimum of three hundred sixty-five days after the student withdraws from the member school.

A home-schooled student may begin participating in an interscholastic activity immediately upon being approved to participate by the District if:

  • The home-schooled student has not withdrawn from an Arkansas Activities Association 

    member school; or

  • The student has withdrawn from an AAA member school and enrolled in a home school but did not participate in an interscholastic activity that is a varsity sport at the student’s resident district prior to the student's withdrawal from the AAA member school.A student who withdrew from an AAA member school who participated in an interscholastic activity that is a varsity sport at the student’s resident district during the previous three hundred sixty-five (365) days shall not be eligible to immediately participate in an interscholastic activity that is a varsity sport in the District. The student will not become eligible for full participation until the completion of the three hundred sixty-five (365) day period from when the student withdrew. A student who is not eligible for full participation may participate in tryouts, practices, classes, or other endeavors associated with the interscholastic activity until the completion of the three hundred sixty-five (365) day period from when the student withdrew.

Cross Reference: 4.59—Academic Course Attendance By Private School And Home School Students

Legal References:

  • A.C.A. § 6-15-509

  • A.C.A. § 6-16-151

  • A.C.A. § 6-18-232

  • A.C.A. § 6-18-713

  • Arkansas Activities Association Handbook

  • Commissioner’s Memo COM-18-009

  • Commissioner’s Memo LS-18-015

  • Division of Elementary and Secondary Education Rules Governing Home Schools

Date Adopted: 7/25/23

4.58 FOOD SHARING AND ITS REMOVAL FROM FOOD SERVICE AREA

Food Sharing Table

The District has no food sharing system for food items other than milk and juice.2 Students who do not intend to drink milk or juice received as part of a meal may place the milk/juice in a designated ice-filled cooler located at the end of the service line where another student may retrieve it at no charge. Milk and juice may not be taken by another student unless the carton is unopened and was completely covered by ice while in the cooler. A student may not return to the cooler to place for sharing or retrieve an item after the student has left the service line.

At all times, the cooler will be under the supervision of the food service staff. Remaining items should be discarded at the end of the meal period, and no item is to remain in the cooler for longer than four (4) hours.

Removing Food Items From the Food Service Area

At the end of the meal period, a student may leave the cafeteria with up to 4 school provided whole fruit or whole vegetable food items. Students may not remove from the cafeteria milk, juice, or any other item requiring a temperature controlled environment.

Except for food service workers as required by their job duties, District employees may only remove school provided food items from the food service area when required by a 504 plan or a student’s IEP.

Legal References:
Commissioner’s Memo FIN 08-076
Commissioner’s Memo FIN 15-052

Date Adopted: 8/11/15
Last Revised: 8/30/16
Manual Adoption: 2/8/00

4.59P ACADEMIC COURSE ATTENDANCE BY PRIVATE SCHOOL AND HOME SCHOOL STUDENTS

The District allows private school and home schooled students whose parents, legal guardians, or other responsible adult with whom the student resides are residents of the District to attend academic courses offered by the District . The District will place a list of courses that a private school or home school student may request to attend on its website by:

  1. June 1 for courses to be offered during the Fall semester; and

  2. November 1 for courses to be offered during the Spring semester.

A private school or home schooled student who desires to attend one or more of the available academic courses shall submit a written request to attend the academic course to the superintendent, or designee, no later than:

  1. August 1 for Fall semester courses; or

  2. December 1 for Spring semester courses.

The superintendent, or designee, is authorized to waive the application deadline on a case by case basis.

The District permits a private school or home schooled student to attend a maximum of six (6) courses per semester.

The District may reject a private school or home school student’s request for attendance if the District’s acceptance would:

  • Require the addition of staff or classrooms;

  • Exceed the capacity of a program, class, grade level, or school building;

  • Cost the District more for the student to attend the academic course than the District receives for the student’s attendance;

  • Cause the District to provide educational services the District does not currently provide at a financial burden to the District;; or

  • Cause the District to be out of compliance with applicable laws and regulations regarding desegregation.

Requests to attend an academic course will be granted in the order the requests are received. Upon the receipt of a private or home schooled student’s request to attend academic course(s), the District will date and time stamp the request for attendance. If a private school or home schooled student is denied attendance based on a lack of capacity and an opening in the requested course occurs prior to the start of the course, the District will use the date and time stamp on the request for attendance to determine the private school or home schooled student who will be notified of an opening in the requested course.

As part of the request to attend academic courses in the District, a private school or home schooled student shall:

  • Indicate the course(s) the private school or home schooled student is interested in attending;

  • If the course(s) the private school or home schooled student is interested in attending is being offered by the District in both a physical and a digital format, whether the private school or home schooled student intends to attend the physical course or the digital course;

  • Submit, along with the student’s application, a copy of the student’s transcript indicating that the student has received credit for the course(s), or equivalent course(s), that are a prerequisite to the course(s) the student desires to attend at the District;

  • Agree to follow the District’s discipline policies; and

  • Submit immunization documentation. A home school student may submit a letter to the superintendent, or designee, stating an objection to immunizations and listing the immunizations the student has received, if any.

A private school or home school student who fails to attend an academic course by the eleventh (11) day of class or who is absent without excuse for eleven (11) consecutive days during the semester shall be dropped from the course.; however, a private school or home schooled student shall not be considered truant for unexcused absences from the course(s) the student is attending at the District.

Private school or home schooled students shall receive a final grade and transcript for each academic course the student completes.

The responsibility for transportation of any private school or home schooled student attending academic courses in the District shall be borne by the student or the student’s parents.

The District follows Arkansas Athletics’ Association rules and regulations regarding eligibility requires for Home-schooled students.

Cross References:

  • 4.6—Home-schooling

Legal References:

  • A.C.A. § 6-15-509

  • A.C.A. § 6-18-232

  • A.C.A. § 6-18-702

  • A.C.A. § 6-47-401 et seq.

  • ACT 1469 of 2013 Participation of Home-schooled Students in Interscholastic Activities (Tim Tebow Law)

  • DESE Rules Governing Distance and Digital Learning

  • DESE Rules Governing Kindergarten Through 12th Grade Immunization Requirements in Arkansas Public Schools

  • Commissioner’s Memo COM-19-021

Date Adopted: 12/13/17
Revised: 7/9/19

4.60 STUDENT BEHAVIORAL INTERVENTION AND RESTRAINT

Definitions

"Aversive behavioral intervention" means a physical or sensory intervention program that is intended to modify behavior through the use of a substance or stimulus that the intervention implementer knows will cause physical trauma, emotional trauma, or both, to a student, even when the substance or stimulus appears to be pleasant or neutral to others.

Examples of aversive behavioral interventions include, but are not limited to:

  • Hitting;

  • Pinching; 

  • Slapping; 

  • Using a water spray; 

  • Using noxious fumes;

  • Requiring extreme physical exercise;

  • Using loud auditory stimulus;

  • Withholding meals; and

  • Denying reasonable access to toileting facilities.

"Behavioral intervention" means the implementation of a service, support, or strategy to teach and increase appropriate behavior or substantially decrease or eliminate behavior that is dangerous, inappropriate, or otherwise impedes the learning of a student.

"Behavior Intervention Plan" (BIP) means a written plan that:

  • Is developed by a problem-solving and intervention team and delineates emotional, social, or behavioral goals for a student and the steps that the school, student, parent of the student, and others will take to positively support the progress of the student towards the student’s emotional, social, or behavioral goals;

  • Is comprised of practical and specific strategies to increase or reduce a defined behavior or one (1) or more patterns of behavior exhibited by a student; and

  • Includes the following at a minimum:

  • A definition or description of the desired target behavior or outcome in specific measurable terms;

  • A plan for preventing and eliminating inappropriate student behavior by changing a condition that is triggering, motivating, underlying, or supporting that behavior as determined through a FBA;

  • A plan for teaching a student to demonstrate appropriate social, emotional, or behavioral self-management, or a new method to address or meet the student’s needs;

  • A description of how a specific incentive or consequence will be used as needed to decrease or eliminate inappropriate student behavior and increase appropriate behavior;

  • A plan for managing a crisis situation;

  • A system to collect, analyze, and evaluate data about the student;

  • The school personnel, resources, and training needed before implementation of the BIP; and

  • The timeline for implementing different facets of an intervention, including without limitation when the intervention will be formally reviewed.

"Chemical restraint" means the use of a drug or medication to control the behavior of a student or restrict the free movement of the student; however, chemical restraint does not include the use of medication that is prescribed by a licensed physician, or other qualified health professional acting within the scope of the individual’s professional authority under state law, for the standard treatment of a medical or psychiatric condition of a student and is administered as prescribed by the licensed physician or other qualified health professional acting within the scope of the individual’s professional authority under state law.

"Crisis" means a situation in which a student engages in a behavior that threatens the health and safety of the student or others and includes without limitation a situation in which the student becomes aggressive or violent at school and is unable to regain self-control without posing a danger of injury to himself or herself or others.

"Crisis intervention" means the implementation of a service, support, or strategy to immediately stabilize a crisis and prevent the crisis from reoccurring after the crisis ends.

"Dangerous behavior" means the behavior of a student that presents an imminent danger of serious physical harm to the student or others; however, dangerous behavior does not include the following:

  • Disrespect;

  • Noncompliance;

  • Insubordination; or

  • Destruction of property that does not create an imminent danger.

"De-escalation" means the use of a behavior management technique that helps a student increase the student’s control over the student’s emotions and behavior and results in a reduction of a present or potential level of danger that in turn reduces the level of imminent danger of serious physical harm to the student or others.

"Emergency" means a serious and unexpected situation that requires immediate action and which may be dangerous.

"Functional Behavior Assessment" (FBA) means a problem analysis step that:

  • Occurs within the context of data-based problem-solving and involves:

    • The review of existing records and other sources of information;

    • Diagnostic or historical interviews;

    • Structured academic or behavioral observations; and

    • Authentic, criterion-referenced, or norm-referenced tests; and

  • Is performed with the goal of determining why a specific problem or situation is occurring in order to directly link a strategic intervention to an assessment and solve or resolve the specific problem or situation.

"Imminent danger" means an existing dangerous situation that could reasonably be expected to immediately cause death or serious physical harm.

"Mechanical restraint" means the use of a device or equipment to restrict the free movement of a student; however, mechanical restraint does not include a device that is used by trained school personnel or a student for a specific and approved therapeutic purpose or safety purpose for which the device was designed or prescribed or a vehicle safety restraint that is appropriately used in the manner for which it was designed during the transport of a student in a moving vehicle.

"Physical escort" means a temporary touching or holding of the hand, wrist, arm, shoulder, or back of a student for the purpose of redirecting or inducing the student to move to a safe location.

"Physical restraint" means a personal restriction that immobilizes or reduces the ability of a student to move the student’s torso, arm, leg, or head freely; however, physical restraint does not include a physical escort.

"Positive behavioral support" means the application of behavior analysis that:

  • Is used to achieve socially important behavior change; 

  • Occurs at the:

  • Prevention level for all students in a school;

  • Strategic intervention level for a student who is not responding, from a social-emotional and behavioral perspective, to the prevention level; and

  • Intensive service or crisis-management level for a student who needs multifaceted or comprehensive behavioral or mental health services; and

  • Involves a planned and collaborative school-wide approach that is implemented with a goal:

  • Of establishing a positive and supportive school environment that:

    • Teaches and reinforces prosocial behavior in a student;

    • Holds a student positively accountable for meeting an established behavioral expectation; and

    • Maintains a level of consistency throughout the implementation process; and

  • That is accomplished by using positive behavioral programs, strategies, or approaches.

"Prone restraint" means restraining a student in a face-down position on the floor or another surface and applying physical pressure to the body of the student to keep the student in the prone position.

"Serious physical harm" means bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

"Supine restraint" means the restraint of a student in a face-up position on the student’s back on the floor or another surface and with physical pressure applied to the body of the student to keep the student in the supine position.

Positive Behavioral Supports

The District shall implement positive behavioral supports to be used at the:

  1. Prevention level for each student in a school;

  2. Strategic intervention level for a student who is not responding, from a social, emotional, or behavioral perspective, to the prevention level; and

  3. Intensive service or crisis-management level for a student who needs multifaceted or comprehensive behavioral or mental health services.

The District’s positive behavioral support shall include:

a. The teaching and reinforcing of interpersonal, social, problem-solving, conflict resolution, and coping skills to a student;
b. Holding a student positively accountable for meeting an established behavioral expectation; 
c. Maintaining a high level of consistency through the implementation of the positive behavioral support process; and
d. The following interrelated activities:

  • Providing a school-wide approach to the discipline and safety of each student rather than an approach to only the behavior problem of a single student;

  • Focusing on preventing the development and occurrence of problem behavior;

  • Regularly reviewing behavior data to adapt the District’s procedures to meet the needs of every student; and

  • Providing a multitiered approach to academic and behavioral services and support to meet the academic and behavioral achievement needs of each student.

The following principles shall form the basis of the District’s positive behavioral support system and conflict resolution or de-escalation approach:

  1. A student has the right to be treated with dignity;

  2. A student should receive necessary academic, social, emotional, and behavioral support that is provided in a safe and least-restrictive environment possible;

  3. Positive and appropriate academic, social, emotional, or behavioral intervention, as well as mental health support, should be provided routinely to each student who needs the intervention or support;

  4. Behavioral intervention should emphasize prevention as part of the District’s system of positive behavioral support; and

  5. Each student who exhibits an ongoing behavior that interferes with the student’s learning or the learning of others, and who is nonresponsive to effectively implemented classroom or administrative intervention, should receive additional intensive behavioral intervention that is based on FBA and data-based problem-solving.

Problem Solving and Intervention Team

A problem-solving and intervention team shall be established for each student who exhibits social, emotional, or behavioral difficulty that may escalate, if not addressed, to potentially dangerous behavior. The problem-solving and intervention team shall include at least one (1) member who is an academic and behavioral assessment and intervention professional.

A student’s problem-solving and intervention team shall:

Work with the teachers of a student to complete an FBA of the student and an assessment of any problematic situations involving the student;

a. Consider the need for a BIP with the goal of preventing or resolving the social, emotional, or behavioral difficulty of the student and developing a response that will de-escalate and stabilize a potential emergency situation that approaches the danger level; and
b. Regularly review the data on incidents involving the use of physical restraint on the student and adjust, as necessary, the procedures concerning the use of physical restraint on the student.
c. Special education procedures shall be followed if a student is suspected of having a disability that relates to behavioral concerns.

Physical Restraint

Except in the case of a clearly unavoidable emergency situation in which a trained member of school personnel is not immediately available due to the unforeseeable nature of the emergency situation, the physical restraint of a student shall only be used by a member of school personnel who is appropriately trained to administer physical restraint.

When using physical restraint on a student, school personnel shall:

  • use the least restrictive technique necessary to end imminent danger or serious physical harm to a student and others;

  • Use the safest method available and appropriate to the situation;

  • Consider the health and safety of a student, including without limitation whether the student has an existing medical condition that makes the use of physical restraint inadvisable;

  • Not restrict the ability of a student to communicate unless the use of a less restrictive technique will not prevent imminent danger of serious physical harm to the student or others;

  • Use only the amount of force that is reasonably necessary to protect a student or others from imminent danger of serious physical harm to the student or others;

  • Not verbally abuse, ridicule, humiliate, taunt, or engage in any other similar action towards the student; and

  • continuously and visually observe and monitor the student while the student is under physical restraint.

Physical restraint of a student shall only be used for a limited period of time and shall not be used:

  • When imminent danger or serious physical harm to the student or others dissipates;

  • If a medical condition occurs that puts the student at risk of harm;

  • Unless the behavior of the student poses an imminent danger of serious physical harm to the student or others;

  • After the threat of imminent danger of serious physical harm to the student or others dissipates; or

  • In the following manner:

    • To punish or discipline the student;

    • To coerce the student;

    • To force the student to comply;

    • To retaliate against the student;

    • To replace the use of an appropriate educational or behavioral support;

    • As a routine safety measure;

    • As a planned behavioral intervention in response to the behavior of the student that does not pose an imminent danger of serious physical harm to the student or others;

    • As a convenience for school personnel; or

    • To prevent property damage unless the act of damaging property committed by the student poses an imminent danger or serious physical harm to the student and others.

Even in an emergency, supine restraint shall not be used on a student except by a staff person who has been certified by a crisis intervention training program and the certified staff person determines that supine restraint is required to provide safety for the student and others.

At no time shall school personnel use the following on a student:

  • Mechanical restraint;

  • Chemical restraint;

  • Aversive behavioral interventions that compromise health and safety;

  • Physical restraint that is life-threatening or medically contraindicated; or

  • Prone restraint or other restraint that restricts the breathing of a student.

Following the first incident of physical restraint used on a student, an FBA shall be conducted unless a previous FBA was conducted for the same behavior that was at issue when the physical restraint was used.

The use of physical restraint on a student as a planned behavioral intervention shall not be included in a student's IEP, 504 Plan, BIP, individual safety plan, or other individual planning document but may be considered as a crisis intervention if appropriate for the student. A student's IEP team or 504 Plan team shall consider whether an FBA should be performed; if a BIP should be developed for the student or if a student’s existing BIP should be revised; and if additional behavioral goals and interventions should be included in the student's existing IEP or 504 Plan.

Parents may submit complaints regarding an incident involving the use of physical restraint on their student. A complaint shall be referred for review to the appropriate school personnel:

  • The student’s problem-solving and intervention team;

  • The student's IEP team; or

  • The student's 504 Plan team.

A complaint by a parent shall be handled by the appropriate District staff in the same manner as a debrief following the use of physical restraint on a student.

Use of a physical restraint technique that is abusive shall be reported to the Child Abuse Hotline and law enforcement.

Reports and Debriefing

After the occurrence of an incident involving the physical restraint of a student, the building principal, or the principal’s designee, shall be notified of the incident as soon as possible but by no later than the end of the school day when the incident occurred.

The student’s parent shall be notified of the incident of the use of physical restraint via verbal or electronic communication as soon as possible but by no later than the end of the school day when the incident occurred. In the event the student’s parent is unable to be notified via verbal or electronic communication within twenty-four (24) hours after the incident occurred, then the parent shall be mailed written notification of the incident within forty-eight (48) hours after the incident occurred.

school personnel involved in the incident shall document the incident in a written report, which is to be completed within twenty-four (24) hours after the incident occurred. The written report of the incident shall:

  1. Include all information contained in the Division of Elementary and Secondary Education (DESE) Physical Restraint or Seclusion Incident Record and Debriefing Report;

  2. Be maintained in the student’s education record; and

  3. Be provided to the student’s parent within one (1) school day of the completion of the report.

A debriefing meeting shall be held within two (2) school days after the incident occurred. The following school personnel shall be present at the debriefing meeting:

a. A member of school personnel who was present during the incident;
b. A member of school personnel who was in the proximity of the student on whom physical restraint was used immediately before and during the time of the incident;
c. A school administrator; and
d. Any other member of school personnel determined to be appropriate by the District.

The purpose of the debriefing meeting shall be to:

  • Determine whether the procedures used during the incident were necessary;

  • Evaluate the use of any behavioral supports and de-escalation techniques by school personnel before and during the incident;

  • Evaluate the school district's positive behavioral supports system and prevention techniques in order to minimize future use of physical restraint; and

  • If a trained member of school personnel was not immediately available due to the unforeseeable nature of the emergency situation when the incident occurred:

    • Reevaluate the training needs of school personnel;

    • Reevaluate the physical restraint policy and practices; and

    • Develop a plan to prevent a future incident.

At a debriefing meeting, school personnel shall:

  1. Consider relevant information in the student’s education record, including without limitation:

a. The concerns of the student’s parent;
b. The student's social and medical history;
c. The student’s  FBA, if one exists; and
d. The student’s BIP, if one exists;

  1. Consider relevant information from the teachers, parents, and other District professionals;

  2. Discuss whether positive behavior supports were appropriately implemented;

  3. Discuss the duration and frequency of the use of physical restraint on the student;

  4. Discuss appropriate action that may be taken to prevent and reduce the need for physical restraint;

  5. Consider whether additional intervention and support is necessary for the student;

  6. Consider whether additional intervention and support is necessary for school personnel; and

  7. Consider how and when to debrief a person who was not present at the debriefing meeting, including without limitation:

a. The student;
b. The student’s parent; and
c. Other school personnel or students who witnessed the incident.

DESE’s Physical Restraint or Seclusion Incident Record and Debriefing Report, or an alternative report that includes the same information, shall be completed during the debriefing meeting. A copy of the report shall be:

  • Submitted to the building principal;

  • Mailed to the student’s parent within two (2) days of the date on which the debriefing meeting was held; and

  • Maintained as part of the student’s education record along with other documents consulted during the debriefing meeting.

Cross Reference: 3.6  Licensed Personnel Employee Training

Legal Reference: A.C.A. § 6-18-2401 et seq.

Date Adopted: 6/8/2021

Last Revised:  2/8/22

4.61 STUDENT USE OF MULTIPLE OCCUPANCY ROOM

Definitions

"Multiple occupancy room" means an area in a District building that is designed or designated to be used by one (1) or more individuals at the same time and in which one (1) or more individuals may be in various stages of undress in the presence of other individuals, which includes, without limitation, a restroom, locker room, changing room, or shower room.

“Sex" means the physical condition of being male or female based on genetics and physiology, which may be demonstrated by the sex identified on a student’s original birth certificate.

Each multiple occupancy room in a District building shall be designated as either male or female. Except as permitted by this policy, a student shall not enter a multiple occupancy room that does not correspond to the student’s sex.

An individual who is unwilling or unable to use a multiple occupancy room designated for the individual's sex shall be granted a reasonable accommodation, which may include, without limitation, access to a single-occupancy restroom or changing area. A reasonable accommodation shall not include access to a restroom or changing area that is designated for use by members of the opposite sex to an individual while members of the opposite sex of the individual are present or may be present in the restroom or changing area.

The prohibitions in this policy do not apply to an individual who enters a multiple occupancy room designated for use by the opposite sex when the individual enters for any of the following reasons:

  • custodial, maintenance, or inspection purposes;

  • To render emergency medical assistance;

  • To address an ongoing emergency, including without limitation a physical altercation;

  • To accommodate individuals protected under the Americans with Disabilities Act; or

  • To assist young children who are in need of physical assistance when using a restroom or changing facility that is located in the District.

Legal Reference: A.C.A. § 6-21-120

Date Adopted: 7/25/23

4.62 STUDENT NAME, TITLE, OR PRONOUN

Unless a District employee has the written permission of the parent, legal guardian, person having lawful control of the student, or person standing in loco parentis to the student or the student if the student is an emancipated minor or over eighteen (18) years of age, a District employee shall not address a student with a:

  1. Name other than that listed on the student's birth certificate, except for a derivative of the name; or

  2. Pronoun or title that is inconsistent with the student's biological sex.

A student shall not be subject to discipline for declining to address a person using a:

a. Name other than that listed on the student's birth certificate, except for a derivative of the name; or
b. Pronoun or title that is inconsistent with the person's biological sex.

Legal Reference: A.C.A. § 6-1-108

Date Adopted: 7/25/23

4.63 STUDENT RELIGIOUS EXPRESSION

The Pulaski County Special School District Board of Directors does not allow discrimination against a student based on a student’s voluntary religious expression, if any. At the same time, the District shall provide a process to eliminate any actual or perceived sponsorship or attribution to the District of a student's public, voluntary expression of a religious viewpoint, if any.

Student Assignments

Student assignments include, but are not limited to:

  • Homework;

  • Classwork;

  • Artwork; and

  • Other written or oral assignments.

A student may express the student’s religious viewpoint, if any, in the student’s assignments without discrimination based on the religious content, if any. A student's assignments shall:

  1. Be graded and judged:

    • By ordinary academic standards of substance and relevance; and

    • Against other conventional, pedagogical topics as identified by the District curriculum; and

  2. Not be penalized or rewarded based on the religious content, if any, of the student’s assignments.

Student Presenters

A student's expression of a religious viewpoint, if any, on an otherwise permissible subject shall not be excluded from a forum, whether oral or in writing, where students are allowed to speak.

The District has the right to restrict student speech that is inappropriate in the school setting by being obscene, vulgar, offensively lewd, or indecent.

Review of written student forums shall be handled in accordance with Policy 4.14—Student Media and the Distribution Of Literature.

If the forum is a scheduled event with designated student speakers, the building principal shall have an opportunity to review pre-written remarks prior to the student’s presentation at the scheduled forum. The principal may require the student to amend the student’s remarks to the extent necessary to address any portions that are determined to be inappropriate. A student’s refusal to amend the remarks that were determined to be inappropriate may be prohibited from participation in the forum. A student who diverts from the approved pre-written remarks during a speech in such a manner that is determined to be inappropriate by the building principal or another present District staff member may be asked to return to the approved remarks. If a student refuses to return to the approved remarks or continues to divert from the approved remarks in a manner that is determined to be inappropriate may be escorted from the forum and disciplined in accordance with the District’s Student Code of Conduct.

If the timing or format of the forum does not provide for pre-written remarks to be reviewed, then the building principal or other District staff shall have the authority to address a student whose remarks are determined to be inappropriate. The building principal or District staff member shall initially ask the student to cease the inappropriate remarks. If the student refuses or makes additional inappropriate remarks after being directed to cease such remarks, Then the building principal or District staff member may escort the student from the forum, and the student may be disciplined in accordance with the District’s Student Code of Conduct.

There shall be a disclaimer that a student speaker's speech does not reflect the endorsement, sponsorship, position, or expression of the District. The disclaimer shall be provided at all forums where students speak and at all graduation ceremonies. The disclaimer shall be provided orally or in writing as most appropriately fits the format of the forum.

Information on how to participate in a student forum shall be provided to all students.

In addition to the salutatorian and valedictorian selection process in Policy 5.17—Honor Roll and Honor Graduates, the following students may speak during the District’s graduation ceremony.

Cross References:

  • 4.14—Student Media and the Distribution of Literature

  • 5.17—Honor Roll And Honor Graduates

Legal References:

  • A.C.A. § 6-10-138

  • A.C.A. § 6-18-101

  • A.C.A. § 6-18-1201 et seq.

Date Adopted: 7/25/23