Table of Contents

A Message From the Superintendent

Introduction

Six Essential Systems for a Strong Learning Climate

Three Pillars

Office of Climate and Culture: Supporting Our Students and Building Community

School Attendance

JCPS Prevention and Support Services

Trauma-Informed Care

Bullying Prevention and Support

Suicide Prevention and Support

Addiction Prevention and Support

Rights and Responsibilities of Entire JCPS Community

Kentucky Administrative Regulations for Special Education Programs

Evidence-Based Best Practices to Support Student Behavior

Progressive Consequences

Interventions and Consequences

Behavior Intervention and Consequence Definitions

Progressive Consequences and Resources Pre-K Through Grade Three

Behavior Code Definitions

Jurisdiction and Application of the SSBIH

Due Process

Reporting Concerns of Improper Treatment or Abuse

Retaliation and Discrimination Prohibited

Student Searches

Suspension Procedures

Alternative Placement

Appeal Process

Bus Safety

Appendix A

Appendix B

Appendix C

Appendix D

Appendix E

Appendix F

Appendix G

Student Bill of Rights

A student has legal rights guaranteed by the Constitution of the United States. These can be exercised in school as long as they do not interfere with the rights of others or the school’s responsibility to provide safe and orderly schools. The Jefferson County Public School (JCPS) District encourages each student to balance the expression of their rights by honoring their responsibilities as outlined in the Student Support and Behavior Intervention Handbook (SSBIH) and the Student Bill of Rights.

Under Kentucky law, children between the ages of 5 and 21 years have a right to an education. This education is provided free of charge to students until they have completed a 12-year program or reached their twenty-first birthday. (Children eligible for Exceptional Child Education [ECE] services are guaranteed a Free Appropriate Public Education [FAPE] between the ages of 3 and 21.)

Discipline is necessary to maintain a climate that is conducive to learning, and a student may forfeit their right to an education under the SSBIH. A student’s right to an education will not be taken away without due process, as guaranteed by the Constitution of the United States.

Academic grades will be assigned based on academic performance. Academic grades will not be reduced as punishment for misconduct. A student is entitled to an explanation of how their academic grades were determined.

A student receiving an excused absence shall have the opportunity to make up missed schoolwork and not have their class grades adversely affected for lack of class attendance or class participation due to the excused absence. A student returning to school after an excused absence or suspension may request make-up work within three school days of their return to each class. The student will have the number of school days of the absence or suspension plus one school day from the time they receive the make-up work to complete the work and submit it to the teacher. ECE students will follow Individual Education Program (IEP) recommendations during this process.

The local School-Based Decision Making (SBDM) Council or, if none exists, the principal, with input from teachers and parents, shall establish rules regarding make-up work for unexcused absences other than suspensions.

The Family Educational Rights and Privacy Act (FERPA) and KRS 160.700–160.730 guarantee to parents/guardians of students younger than age 18 and to eligible students age 18 and older the right to:

• Inspect and review the student’s educational records within 45 days of the day the school receives a request for access.

• Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

• Request an amendment of the student’s educational records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights.

• File with the U.S. Department of Education, Family Policy Compliance Office, 400 Maryland Avenue, S.W., Washington, D.C. 20202-8520, a complaint concerning alleged failures by the district to comply with the requirements of FERPA.

School records of active students are maintained and kept by the school office in a secure location. Records include credits earned, standardized test results, academic portfolios, grade point averages (GPAs), behavioral and psychological evaluations, screening and health records, attendance records, and directory information. The file may contain temporary disciplinary records.

In order to inspect, review, or transfer educational records, the eligible student and/or the parent/guardian must complete the Student Educational Request Form. To request the amendment of educational records, the parent/guardian or eligible student must submit the request in writing to the school principal.

Under the provisions of FERPA, the district may release, without written consent, a student’s educational records to school officials with a legitimate educational interest; to other school systems, colleges, and universities to which the student intends to enroll or transfer; and to certain other agencies specified by state and federal law. A school official is a person employed by the district, a person serving on the Board of Education, a person or company with whom the district has contracted as its agent to provide a service instead of using its own employees, or a person serving on an official committee or assisting another school official in performing their tasks. A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill their professional responsibility. No other person may inspect, review, or transfer a student’s educational records without:

• The written consent of the eligible student;

• The written consent of the parent/guardian if the student is under 18 years of age; or

• A properly issued court order or subpoena.

The district has designated a student’s name, school, mailing address, guardian email address, grade level, honors and awards, photograph (excluding video records), and major field of study as directory information. The district has also designated a student’s date of birth as directory information only for purposes of the U.S. Department of Education Free Application for Federal Student Aid (FAFSA) Completion Project. The district may release directory information without written consent to organizations or individuals with a legitimate educational interest and purpose unless the eligible student and/or parent/guardian submits the Directory Information Opt-Out Form on page 3 to the school office within one month after enrollment each school year. Federal law requires the district to comply with requests from military recruiters for the name, address, and telephone number of secondary school students, unless the student or the parent/guardian opts out of the release of such information to military recruiters.

To opt out of the release of the student’s name, address, and telephone number to military recruiters, the student (regardless of age) or parent/guardian must submit the Military Recruiter Opt-Out Form on page 3 to the school office within one month after enrollment. The opt-out request will remain in effect for the entire high school career.

The Protection of Pupil Rights Amendment (PPRA) affords parents and eligible students the right to:

• Consent before a student is required to submit to a survey that concerns one or more protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education. These protected areas are as follows:

  
  —Political affiliations or beliefs of the student or student’s parent;
  —Mental or psychological problems of the student or student’s family;
  —Sex behavior or attitudes;
  —Illegal, antisocial, self-incriminating, or demeaning behavior;
  —Critical appraisals of others with whom respondents have close family relationships;
  —Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
  —Religious practices, affiliations, or beliefs of the student or parents; or
  —Income, other than as required by law to determine program eligibility.

• Receive notice and an opportunity to opt a student out of:
  —Any other protected information survey, regardless of funding;
  —Any nonemergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings or any physical exam or screening permitted or required under state law; and
  —Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.

• Inspect the following items upon request before administration or use:
  —Protected information surveys of students;
  —Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
  —Instructional material used as part of the educational curriculum.

The district will notify parents or eligible students at the start of each school year of the specific or approximate dates of the planned activities or surveys listed above and will provide reasonable notification of activities or surveys planned after the school year begins. The parent or eligible student may opt out of participation in the specific activity or survey. Parents or eligible students who believe their rights have been violated may file a complaint with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-5901.

A student with a disability will be provided FAPE. Students who are eligible for special education include those students who have hearing impairments, vision impairments, emotional and behavioral disorders, both deafness and blindness, health impairments, specific learning disabilities, mental disabilities, multiple disabilities, speech and language impairments, physical disabilities, autism, developmental delay, or traumatic brain injuries and who, because of these impairments, need special education and related services. Anyone who knows of a child younger than 22 years of age who may have a disability and may need special education is urged to contact a school counselor or the ECE Office at (502) 485-3170. The JCPS District will contact the parent/ guardian to decide if the child needs to be referred for services. The district also will use screening information, student records, and test results collected on all students to help locate students who may need special education. All information collected will be confidential.

A student has the right to be represented by peers in making decisions that affect them. These include decisions about standards of achievements, conduct, elections, activities, and other facets of student life. Each student is encouraged to exercise this right by seeking to serve as a Student Council representative, a club officer, or a representative of a school or district committee. In general, any student may make suggestions on matters that affect them through the local school’s Human Relations Committee and/ or Student Council.

A student has the right to freedom of expression as it relates to speech, assembly, appearance, publications, and the circulation of petitions. This right must be exercised in such a way that it does not interfere with the rights of others or the orderly operations of the school. A student is encouraged to form opinions and express them in a responsible manner. Conduct that interferes with the learning process or the orderly operations of a school may be restricted.

• A student has the right to assemble peacefully as long as such assembly does not interfere with the learning process or the orderly operations of the school.

• A student has the right to choose their manner of dress and otherwise to arrange their own personal appearance subject to the school rules and regulations regarding dress or appearance. However, any such rules must relate to a specific educational purpose, such as health, safety, full participation in classes or school activities, and/or preventing the disruption of the educational process.

• School publications, such as the school newspaper, will be free from censorship or prior restraint. School officials may establish guidelines for school newspapers and other publications, including the restriction of libelous or obscene material or materials that would incite others. Guidelines must be consistent with governing legal standards and with the rules and regulations of the Board of Education. A student involved in any such publication is responsible for knowing their legal responsibilities and the consequences for failure to follow the guidelines.

• A student or student group has the right to access the pages of the student newspaper and to distribute leaflets, pamphlets, and other literature on school grounds as long as school regulations for their distribution are followed. The distribution of materials must not interfere with the orderly operations of the school nor violate the rights of others.

A student has the right to freedom from verbal and/or physical abuse by school staff or other students. Punishments that are cruel and unusual, demeaning, degrading, humiliating, excessive, or unreasonable are prohibited. The use of obscene or abusive language by school staff or students is prohibited. Corporal punishment is prohibited. However, staff may use reasonable physical force to restrain a student if their behavior poses an imminent danger of physical harm to self or others. (704 KAR 7:160).

A student has the right to be a member of a school club or organization as long as they meet the criteria for membership. School clubs and organizations must apply criteria for membership to all applicants equally. A student may petition the principal to form a new school club or organization. If the club or organization meets the guidelines of the Jefferson County Board of Education (JCBE), a faculty sponsor will be selected by the principal and students. The students and their faculty sponsor are entitled to use school facilities, including classrooms and the public-address system, as approved by the principal.

A student has the right to freedom from unreasonable search and seizure of their person and property. School officials, however, have a right under the law to search students or their property whenever there is a reasonable suspicion that they have something that violates school rules or endangers others. Students may be searched to maintain the ongoing educational process, to maintain order, and/or to protect people and property. Searches may include the student and their locker, desk, automobile, or personal belongings. A personal search includes a search of a student’s accessories (purse, wallet, backpack, cell phone, notebooks, gym bag, etc.) and/or outer garments (pants/skirt pockets, shirt/blouse pockets, pant legs, socks, shoes, jacket pockets, waistband, etc.) that would not require disrobing. The Police Detection Canine Team may conduct random and unannounced searches of general school areas, including school lockers and parking lots. A hand-held metal detector may be used by a school official who has reasonable suspicion that the student is in possession of a weapon.

*This section is a summary of the district’s student search procedure.

A student has the right to due process anytime a charge is made against them. This means that the student has the right to know what they are accused of doing, the right to know the evidence for the charge, and the right to present their perspective regarding the charge.

The student or parent/guardian has the right to appeal any action taken by the school that they believe to be an unfair or inequitable application of the SSBIH or the Student Bill of Rights. Students and parents/guardians will be informed of these rights at the beginning of the school year or when the student enrolls in school.

The student or parent/guardian must initiate the appeal. They should do the following:

1. First, try to resolve the problem by discussing it with the people involved.

2. If that is unsuccessful, they should request an informal hearing with the principal/designee. A decision can be expected within five school days. A written decision may be requested.

3. If the student or parent/guardian is not satisfied with the decision, they may contact the assistant superintendent:
   High school— (502) 485-7350
   Middle school—(502) 485-3673
   Elementary school—(502) 485-7344

4. When appealing a suspension, the appeal must be in writing.

Procedures for appealing suspensions and due process begin on page 36 of the SSBIH.

JCPS has adopted and will follow districtwide policies that forbid harassment and discrimination in providing equal educational opportunities. In cases where a student and/or parent/guardian thinks that a student has been harassed or discriminated against for any reason, the parent/guardian/ student may file a written complaint by following the JCBE Discrimination Grievance Procedure. A copy of the procedure and the necessary forms for filing are available in the local school or in the Compliance and Investigations Office.

Discrimination Grievance Procedure

The following steps are to be followed:

1. Discuss the grievance with the principal of the school.

2. Expect a decision at the end of the informal meeting or within a reasonable time thereafter (five school days).

3. File with the director of Compliance and Investigations a formal written complaint within five school days of the informal decision if the principal’s decision is unsatisfactory in resolving the issue.
   Compliance and Investigations Office
   Jefferson County Public Schools
   C. B. Young Jr. Service Center
   3001 Crittenden Drive Louisville, KY 40209-1104
   (502) 485-3341

JCPS adheres to Title IX, a federal law that prohibits discrimination and harassment on the basis of sex in federally funded programs and activities. In instances where a student believes they have been treated differently or harassed based upon sex, the student or parent/guardian should report the concern to the school Title IX coordinator. The school Title IX coordinator will inform the student or parent/ guardian of supportive measures and will discuss the district Title IX policies and procedures, when applicable. For additional information or questions, contact the district Title IX coordinator at District Title IX Coordinator, Cynthia Grohmann, Jefferson County Public Schools, C. B. Young Jr. Service Center, 3001 Crittenden Drive, Louisville, KY 40209-1104, ([502] 485-3499).

Our district receives federal funds for Title I and Title II programs as a part of the Every Student Succeeds Act (ESSA). As mandated by ESSA, you have the right to request information regarding the professional qualifications of your child’s teacher(s). If you request this information, the district will provide you with the following:

1. Whether the teacher has met the state requirements for licensure and certification for the grade levels and subject matters in which the teacher provides instruction;

2. Whether the teacher is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived;

3. The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree; and

4. Whether your child is provided services by paraeducators and, if so, their qualifications.

You can access information about the professional certification of your child’s teacher(s) at https://wd.kyepsb.net/EPSB.WebApps/KECI/. If you would like to request our assistance in getting this information, please contact the JCPS Title I/Title II Office by phone at (502) 485-3240. Be prepared to give your child’s name, the name of the school your child attends, the names of your child’s teacher(s), and an address or email address where the information may be sent.