DIRECTING BOARD POLICY MANUAL
SECTION 5
STUDENT RIGHTS AND RESPONSIBILITIES
DISTRICT LADSE POLICIES
EDUCATION OF CHILDREN WITH DISABILITIES
5.00
,. 5.01
EQUAL EDUCATIONAL OPPORTUNITIES (INCLUDING SEX EQUITY)
5.02
HARASSMENT AND OTHER INAPPROPRIATE CONDUCT
5.03
RESIDENCE
5.04
ATTENDANCE-STUDENT TRUANCY
5.05
ATTENDANCE-RELIGIOUS ACCOMMODATION/EXEMPTION
5.06
STUDENT RECORDS
5.07
STUDENT ACTIVITIES AND ORGANIZATIONS
5.08
STUDENT PUBLICATIONS
5.09
STUDENT DRESS
5.10
STUDENT DISCIPLINE
5.11
DISCIPLINING STUDENTS WITH DISABILITIES
5.11.1
STUDENT DISCIPLINE/ATTENDANCE ADVISORY COMMITTEE
5.11.2
SEARCH AND SEIZURE
5.12
HEALTH AND DENTAL EXAMINATIONS AND IMMUNIZATION
5.13
STUDENTS WITH CHRONIC COMMUNICABLE DISEASES
5.14
STUDENT GRADES
5.15
VISITATION FOR OBSERVATION/EVALUATION PURPOSES TO A LADSE MULTI
DISTRICT CLASSROOM/PROGRAM NOT HOUSED IN A PUBLIC SCHOOL BUILDING... 5.16
STUDENTS RIGHTS AND RESPONSIBILITIES
District/LADSE Policies
Section 5.00
The rights and responsibilities of students enrolled in LADSEmulti-district programs and/or
students receiving LADSE related services in their home district or another LADSE district are
governed by the policies, procedures, and practices ofthe member district in which the student
attends class or receives services. Where member district policy, procedure, or practice is not
applicable, these LADSE Student Rights and Responsibilities policies shall govern.
Adopted:
May 23, 2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Education of Children with Disabilities
Section 5.01
LADSE affirms the right for children with disabilities to be provided a free appropriate public
education in the least restrictive environment (LRE) as requiredby the Individuals with
Disabilities Act (IDEA) and the School Code, Section 504ofthe Rehabilitation Act, and the
Americans with Disabilities Act. The term "children with disabilities" means children between
the ages 3 and 21 (inclusive) for whom it is determined, through definitions and procedures in
Illinois State Board SpecialEducation Rules and Regulations, that special education services are
needed. The term "least restrictive environment" means education with non-disabled peers to the
maximum extent appropriate to individual needs.
Educational decisions for students with disabilities will be made pursuant to LADSE procedures
for identification, evaluation, placement, and delivery of services at multi-disciplinary
conferences where the children's unique educational needs, as determined by a case study
evaluation, will be matched to the most appropriate program/service, including, but not limited
to, an Individualized Education Program (IEP). Each special education student's educational
placement and LRE considerations will be reviewed annually.
Legal Reference:
American With Disabilities Act, 42, U.S.C.§12101 it seq.
Individuals With Disabilities Education Improvement Act of 2004,20
U.S.C. §1400 et seq.
Rehabilitation Act of 1973, Section 504, 29 U.S.C. §794
105 ILCS 5/14-1.01 et seq., 5/14-7.02, and 5/14-702.a
23 HI. Admin. Code Part 226
Adopted:
May 23, 2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Equal Educational Opportunities (Including Sex Equity)
Section 5.02
No student shall be denied equal access to programs, activities, services orbenefits ofLADSE,orbe
limited in the exerciseofany right, privilege, or opportunity on the basis of color,race, nationality,
religion, sex,sexual orientation, ancestry, age, physical ormental disability, gender identity, status of
being homeless, order of protection status, actual orpotential marital or parental status, including
pregnancy.
Any student may file a discrimination grievance by using Policy
, Uniform Grievance Policy.
Within seven calendar days or receiving a grievance or complaint of illegal discrimination, the
Nondiscrimination Coordinator, who shallbe appointed by the Executive Director, shallsendacopy
ofLADSE's writtengrievance procedure to the complainant. The Coordinator shall investigate the
nature and validityof the grievance with thoseresponsible for the program or activity citedby the
complainant. TheCoordinator mayseekadvice from related state agencies orlegal counsel. Within
sixty calendar days of receiving the grievance, the Coordinator shall render a written decision,
including the steps to be taken for further appeal of that decision. The written decision may be
appealed to the Directing Board by submitting a written request for hearing before the Board,
addressed to the Superintendent.
For sex equitycomplaints only, the decision ofthe Directing Board may be further appealed to the
Regional Superintendent of Schools pursuant to Section 3-10 ofthe School Code, and thereafter, to
the State Superintendent of Education pursuant to Section 2-3.8 ofthe School Code, as providedin
Section 200.90(b) ofthe Illinois State Board of Education's Sex Equity Rules.
Students and parents shall be notified annually oftheirrightto initiatea grievance or complaint of
illegal discrimination and to whom such complaints shall be directed.
Legal Reference:
42 U.S.C. §11431 et seq., McKinney Homeless Assistance Act.
20 U.S.C. §1681 et seq., 34 C.F.R. Part 106; Title DC of the Educational
Amendments.
29 U.S.C. §791 et seq., Rehabilitation Act of 1973.
775 ILCS 35/5, Religious Freedom Restoration Act.
111. Constitution, Art. I, §18.
105 ILCS 5/3.25b, 3.25d(b), 10-20.12, 10-22.5, and 27-1.
775 ILCS 5/1-101 et seq., Illinois Human Rights Act.
23 Ill.Admin.Code §1.240 and Part 200.
Adopted:
May 23, 2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Harassment and Other Inappropriate Conduct
Section 5.03
The Directing Board seeksto provide a safe and appropriate educational environment thatis free
from harassment. To this end, the Directing Board prohibits harassment or other inappropriate
conduct by students on the basisofrace, religion, national origin, sex, sexual orientation, age,
citizenship status, disability or any other status identifiedas a protected status by LADSE policy
or procedure or state or federal law. Prohibited harassments includes, but is not limited to,
violence, threats, intimidation, verbal abuse, or confrontational behaviors against any LADSE
staff member, student, or community member in any LADSE classroom/program/service or at
any time where such activity bears a reasonable relationship to LADSE.
Sexual harassment prohibited by this policy includesverbal and written remarks and physical
conduct. The terms intimidating, hostile and offensive include,but are not limited to, remarks or
conduct which have the effect of humiliation, embarrassment or discomfort. Conduct will be
evaluated in light of all circumstances to determine ifit rises to the level of sexual harassment.
Sexual harassment consists of unwelcome sexual advances, requests for sexual favors and other
inappropriate verbal or written remarks or physical conductof a sexual naturethat constitutes
sexual harassment under state or federal law, when:
1. Submission to such remarks or conduct is made either explicitly or implicitly a term or
condition of an individual's employment or education;
2. Submission to or rejection of such remarks or conduct by an individual is used as the
basis for employment or academic decisions; or
3. Such remarks or conduct have the purpose or effect of substantially interfering with an
individual's professional or academic performance or if such remarks or conduct have the
purpose or effect on a person ofreasonable sensibilities of creating an mtimidating,
hostile or offensive employment or education environment.
Sexual harassment, as defined above, may include but is not limited to suggestive comments;
sexually oriented kidding, teasing, and practical jokes; offensive gender-based comments;
repeated remarks to a person with sexual or demeaning implications; discussions of a sexual
nature; foul or obscene language and gestures; displays of foul or obscene printed materials,
pictures, and photographs; and physical contact such as patting, pinching, grabbing, or brushing
against another's body. Sexual harassment also includes sexual propositions, unwelcome sexual
advances, requests for sexual favors, pressure for sexual activity.
Harassment on the basis of a person's race, religion, national origin, sexual orientation, age,
citizenship status, disability or other protected status under state or federal law includes any
intimidating, demeaning or threatening remarks or conduct made to a person as a result ofthat
person's race, religion, national origin, sexual orientation, age, citizenship status, disability or
other protected status under state or federal law. Religious harassment includes pressure to join
or not to join a particular religion.
A violation of this policy may result in discipline, up to and including expulsion. Any person
making a knowingly false accusation regarding harassment will likewise be subject to
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Harassment and Other Inappropriate Conduct
Section 5.03
disciplinary action, up to and including expulsion. Retaliation against employees or students for
bringing bona fide harassment complaints or for providing information about harassment is
prohibited.
Aggrieved persons who feel comfortable doing so should directly inform a person engaging in
harassing conduct or communication that such conduct orcommunication is offensive and must
stop. No aggrieved person is required to confront aperson engaging in harassing behavior,
however, and no negative inference shall be drawn by the failure to do so.
Aggrieved employees who feel comfortable doing so should report claims of sexual harassment
to the Nondiscrimination Coordinator and use Board policy4.04.3Uniform Complaint Policy. If
an employee does not feel comfortable reporting claims of sexual harassment to the
Nondiscrimination Coordinator, he or she may chooseto report to any supervisor with whom the
employee feels comfortable. The supervisor shall in turn report the harassment to the
Nondiscrimination Coordinators).
Aggrieved students and community members should report claims of sexual harassment to any
adult staff member of LADSE, who should in turn report the harassment to the
Nondiscrimination Coordinators).
There are no express time limits for initiating complaints and grievances under this policy, and
no negative inference shall be drawn by failure to immediatelyreport harassment. However,
every effort should be madeto file such complaints as soon as possible, while facts are known
and potential witnesses are available.
The right to confidentiality, both ofthe complainant and ofthe accused, will be respected
consistent with LADSE's legal obligations and with the necessityto investigate allegations of
harassment and to take corrective action when harassment has occurred.
Whom to Contact with a Report or Complaint
The Executive Director shallinsert into this policy the name(s), address(es), and telephone
number(s) of LADSE's current Nondiscrimination Coordinators) and/or Complaint Manager(s).
The Executive Director shall also use reasonable measures to inform students of this policy.
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Harassment and Other Inappropriate Conduct
Legal Reference:
Section 5.03
20U.S.C. §1681 et seq., Title DC oftheEducational Amendments.
34C.F.R.Partl06.
105 ILCS 5/10-20.12,10-22.5,5/27-1, and 5/27-23.7.
775 ILCS 5/1-101 et seq., Illinois Human Rights Act.
23 m.Admin.Code §1.240 and Part200.
Davisv. Monroe CountyBoard of Education, 119 S.Ct. 1661 (1999).
Franklin v. Gwinnett Co. Public Schools, 112 S.Ct. 1028 (1992).
Gebser v. Lago Vista Independent School District, 118 S.Ct. 1989 (1998).
West v. Derby Unified School District No. 260, 206 F.3d 1358 (10th Cir.,
2000).
Adopted:
May 23, 2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Residence
Section 5.04
Exceptas provided by law, only students who are bona fide residents of a LADSE member
school district may participate in LADSE programs and services. Under the law, the student's
residence is presumed to be the home ofhis/her parent(s) or legal guardian(s).
Students who move into a LADSE member district to live with relatives or friends for the
purpose of participating in LADSE programs and services shall not be permitted to participate in
LADSE programs and services if theirparents maintain an established home outside the LADSE
member district, unless it can be establishedthat residence in the district by the student is based
uponhardship orother compelling family circumstances. Students not living with natural or
adoptive parents will be required to furnish proofthatthey are residing with an adult who has
assumed and exercises full legal, educational, and medical responsibility for the student and who
provides the student with a regular fixed night-time abode.
Homeless Children
Any homeless child shall be immediatelyallowed to receive LADSE programs and services,
even if the child or child's parent/guardian is unableto producerecords normally requiredto
establish residency.
Legal References:
105 ILCS 5/10-20.12, 50-20.12a.
Adopted:
May 23,2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Attendance-Student Truancy
Section 5.05
It is the responsibility of parents, guardians orother persons who have custody or control of
students to ensurecompliancewith the state's compulsory school attendance requirements.
Parents and/or guardians must ensure thatchildren attend public school who are required to do so
by law.
Parents and/or guardians are required to contact the member district where their child attends
classes whenever their child will be absent from school. Only absences for illness, observance of
a religious holiday, death in the immediate family, family emergency, other situations beyond the
control of the student, other circumstances that cause reasonable concern to the parent/guardian
for the student's safety or health, or otherreason as approved by the Executive Director are valid
absences. An accurate attendance record for each student shall be maintained in accordance with
LADSE and member district procedures.
The Executive Directoror designee shall implement an absenteeism and truancy policy in
accordance with the School Code. When confronted with a student attendance problem, LADSE
staff shall determine if the student is a truant, chronic or habitual truant, or a truant minor, as
those terms are defined in Article 26 of the School Code. The Executive Director shall direct
appropriate staff to develop diagnostic programs to be used with the student who is a truant,
chronic or habitual truant, or a truant minor. No punitive action, including out-of-school
suspensions, expulsions, or courtaction shall be taken against a chronic truant for his truancy
unless available supportive services and other school resources have first been provided to the
student.
The following supportive servicesmay be offered to a student who is experiencing an attendance
problem:
•
•
parent-teacher conferences
consultation by social workers, psychologists, or other appropriate staff
•
assessment and evaluation
•
•
•
alternative education programs
alternative school placement
referral to appropriate community agency services
Legal References:
105 ILCS 5/26-1 etseq.
23 Ill.Adm. Code §1.290.
Adopted:
May 23, 2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Attendance-ReligiousAccommodation/Exemption
Section 5.06
If a student's parent(s) or legal guardian(s) objectto a student's participation in school activities
or practices on the basisthatthey are contrary to his/her religious beliefs, or seeks to have a
student excused from school for observance of a religious holiday, the parent or legal guardian
may request thatthe student be excused or otherwise accommodated. A request to be excusedor
otherwise accommodated because of religiousbeliefs must be made in writing by the parent(s) or
legal guardian(s) and addressed to the LADSE's Executive Director at least five calendar days
before the student's anticipated absence. The student's teachers shall allow the child to make up
any examination, study or work requirements missed becauseof an absence for observance of a
religious holiday.
Adopted:
May 23, 2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Student Records
Section 5.07
Permanent and temporary records for a student enrolled in LADSE multi-district programs shall
be maintained by the student's resident district. Notes maintained by LADSE personnel are only
considered student records ifthey contain personally identifiable information and are shared with
other school professionals. When notes are kept in the sole possession of a LADSE staff
member, they are destroyed no later than the student's graduation or permanent withdrawal, they
arenot considered student records, and they arenot accessible to any other person than a
temporary substitute teacher.
Student records shall be treated as confidential and shall be accessible and released to
professional staff, parent or guardian, student, orother qualified individuals only as permitted by
state and federal laws. Parents and guardians of students shall have all rights to inspect, copy,
and challenge school records granted by law.
Information about students shall be collected, maintained, used, disseminated, or retained in
accordance with state and federal laws and as outlined in LADSE administrative procedures,
which can be found in Section 5 of the LADSE Handbook ofPrograms and Services.
If, and only if, the Executive Director determines that LADSE maintains or will maintain student
records, the Executive Director shall designate a records custodian who shall maintain student
records and shall notify students and parents and guardians of their rights concerning school
student records.
Legal References:
Illinois School Student Records Act,
105 ILCS 10/1 etseq.
Family Educational Rights and Privacy
Act of 1974, 20 U.S.C. &1232, etseq.
Adopted:
May 23, 2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Student Activities and Organizations
Section 5.08
In accordance with Directing Board policy and administrative procedures, the Executive Director
ordesignee shall have the authority to approve student activities sponsored by LADSE and
member districts and to allow for the creation of student organizations that meet educational,
organizational, and operational requirements developed by the Executive Director or designee.
Adopted:
May 23,2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Student Publications
Section 5.09
LADSE Publications/Productions
The Directing Board reaffirms theright of freedom of expression guaranteed by theUnited States
Constitution. Students in LADSE programs shall havethe right to express theirviews through
LADSE student publications/productions subject to limitations imposed on all citizens generally
and on students in a public educational setting. For purposes ofthis policy, "LADSE student
publications/productions" includes publications/productions financed in whole orin part by
LADSE, produced as part ofthe LADSE curriculum, orproduced as a LADSE-sponsored
activity.
LADSE student publications/productions are not a public forum. LADSE administration has the
right to edit ordelete material which it feels is inconsistent with LADSE's educational mission or
is not reasonably related to legitimate pedagogical concerns. All student media shall complywith
the ethics and rules ofresponsible journalism and be presented fairly, reflecting actions that are
reasonably related to legitimate scholarly concerns. Defamatory statements, innuendoes,
obscenity, material which demonstrates prejudice, hatred, violence, disregard for law or school
rules, and othermaterial that could cause a reasonably foreseeable disruption to the educational
process shall not be permitted.
The name ofthe author shall accompany personal opinions and editorial statements. An
opportunity for the expression of differing opinions from those published/produced will be
provided within the same media if feasible.
Student or Third Party Publications
Students may not distribute written material on LADSE property orduring LADSE instructional
time without prior express written approval by the Executive Director. Reasonable time, place,
andmannerrestrictions may apply. Students may not distribute on LADSE propertyor during
LADSE instructional time materials that are obscene, libelous, or that demonstrate prejudice,
hatred, violence or a disregard for law or school policies and administrative regulations. Students
who distribute such materialwithout approval engage in gross disobedience and misconduct and
will be disciplined in accordance with Directing Board policy.
For purposes ofthis policy, "LADSE property" includes LADSEbuildings and adjacent grounds
as well as LADSE-related activities. "Obscene material" is that which an average person,
.viewingthe material as a whole and applying communitystandards for children of a relevant age,
would find depicts or describes sexual conductin an offensive way, appeals to a prurient interest,
or lacks serious literary, artistic, political or scientificvalue. "Libelous material"is that which
tends falsely to injure the reputation of another.
Legal Reference:
Hazelwood School Districtv. Kuhlmeier. 98 L. Ed. 2d 592 (1988).
Adopted:
May 23,2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Student Dress
Section 5.10
Students shall dress and conduct themselves in an appropriate manner which will assure safety,
promotehealth, avoid disruption, preventdamage to school property, and maintain high
educational standards.
No clothing should be worn that may disruptthe educational process. The wearing of apparel
which may be construed as depicting or promoting alcohol, tobacco, drugs, sexual activity,
obscenities, violence, gangs, satanism, cults, and ethnic or racial slurs/superiorityis prohibited
and may lead to discipline.
The Executive Director may establish administrative procedures to govern student dress.
Adopted:
May 23, 2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Student Discipline
Section 5.11
Students enrolled in LADSE instructional programs are subject to the authority and policies of
themember districts housing such instructional programs. Member districts areresponsible for
disseminating discipline policies to students enrolled in LADSE programs housed in their
districts, including Stateand federal law governing discipline of students with disabilities.
The Executive Directoror designee is authorized to discipline studentsfor gross disobedience or
misconduct that occurs:
•
on or within sight of LADSE property, before, during, or after schoolhours, or at any
other time when LADSE propertyis being used by a school group or for a LADSE or
LADSE-sponsored activity, function, or event;
•
off LADSE property at a LADSE-sponsored activity, function, or event, or at anyactivity,
function, or event that bears a reasonable relationship to LADSE;
•
while traveling on transportation provided by LADSE to or from any activity, function, or
event that bears a reasonable relationship to LADSE;
•
anywhere, if the conduct (1) creates a risk of substantial disruption ofthe LADSE
environment, operations, or an educational function of LADSE; or (2) invades the rights
of LADSE staffor property, including, but not limitedto, conductthat may reasonably be
considered to be a threat to such staff or property.This provision includes, but is not
limitedto, activityconducted through technology or electronic communication mediums
such as e-mail; the Internet; social networking websites; online social media websites,
applications, or devices; instantmessaging programs; and text messaging devices.
Gross disobedience or misconduct includes:
•
Interferencewith or obstruction of the educationalprocess or legitimate purposes of
LADSE programs or services by use of violence, force, noise, coercion, intimidation,
passive resistance, or similar act;
•
The making of any bomb threat, the false reporting of the presence of a bomb or fire, or
the unauthorized use of a fire extinguisher;
•
Fighting, assault, battery, bullying or anyother conduct, which endangers the health and
safetyof others or interferes with the educational process. Bullyingis defined to include,
but is not limited to, any aggressive or negativegesture, or written, verbal or physical act
that places another student in reasonable fear ofharm to his or her person or property, or
that has the effect of insulting or demeaning any student in such a way as to disrupt or
interfere with the LADSE's educational mission or the education of any student.
Bullying most often occurs when a student asserts physical or psychological power over,
or is cruel to, another student perceived to be weaker. Such behavior may include but is
not limited to: pushing, hitting, threatening, name-calling or other physical or verbal
conduct of a belittling or browbeating nature. The parents/guardians of students who
commit any act ofbullying will be notified. LADSE is committed to early intervention to
help prevent acts ofbullyingand reserves the right to make referrals for these students to
appropriate mental health professionals.
I
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Student Discipline (cont.)
Section 5.11
•
Possession, sale, transfer or use of tobacco.
•
Possession, transfer, sale or use of fireworks, explosives, incendiary devices or flammable
substances not authorizedby authorized LADSE officials. This includes any component
of anexplosive or incendiary device, e.g., schematics orother drawings, ignition agent,
container, wiring, etc., whenit is reasonably determined that the component wasintended
to be used as part of an explosive or incendiarydevice.
•
Theft of, vandalism or damage to, ortrespassing on LADSE property, the property of
LADSE personnel or the property of other related third persons. Trespassing includes,
but is not limited to, being in a LADSE building or on LADSE property without specific
permission from ateacher oradministrator, whenthe building or area is generally closed
to students. Further, students and/or their parents shallbe held legally and financially
responsible andaccountable for all damage to LADSE equipment and property to the
extent allowed by law.
•
Possession, use, sale, transfer, arranging the transfer, or being under the influence of
alcoholic beverages or intoxicants, drugs not properly prescribed or approved for use at
LADSE, illegal drugs or controlled substances, including marijuana, "look-alike" drugs
or substances, and drug paraphernalia. Being under the influence includes, but is not
limited to, the emission ofthe odor of any of these substances, such as having alcohol on
the breath, or exhibitingthe impairment of functioning reasonably associated with such
substances, such as slurred speech, inability to walk properly, or dilated pupils. For
example, a student may not be at a LADSE sponsored event with alcohol on his or her
breath, even ifthe alcohol is not consumed at the event. For purposes of this provision,
illegal drugs or controlled substances is defined as any narcotic, drug, or controlled
substance as now or hereafter defined by applicable law or regulation and any other
unapproved mood-altering and/or performance enhancing drug or substance used to
obtain an altered mental state or high. For the purposes of this Policy, the term "lookalike" means any substanceor item which is not, but reasonably appears to be, or is
represented to be, the real substance or item. An example is a greenleafy plantmaterial
which is not, but is claimed, believed, or appears to be, marijuana. Students found to have
violatedthis prohibition may be referred to theirresident district for possible participation
in a student assistance program. The primary objective of the program is to facilitate the
development of proper attitudes andbehaviors towardintoxicant use, non-use and abuse,
and to have available appropriate intervention and referrals so that each student may grow
as a whole person.
•
•
•
Possession, sale, use or transferof any paraphernalia which is reasonably and customarily
intended for use in the administration of substances prohibited above.
Transfer or sale of any drug properly prescribed by a licensed physician.
Possession, transfer, sale or use of a weapon. For the purposes of this section, weapon
includes, but is not limited to: guns; knives; explosive devices; any other item which is
typicallyused to cause bodily harm; anyotheritem defined by Illinois law to be a
weapon; items such as baseball bats, pipes,bottles, locks, sticks, compasses, pencils and
I
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Student Discipline (conU
•
Section 5.11
pensif used, or attempted to be used, to cause bodilyharm; and look-alike weapons. An
example of a "look-alike" weapon is an item which is not, but reasonably appears to be,
or is represented to be, a real weapon. For example, a toy gun wouldbe a "look-alike"
weapon, because it is verydifficult to distinguish, except upon closeexamination, a toy
gun from an actual gun.
Refusal to identify oneself to LADSE personnel upon request.
Expression, written, electronic or oral, which is slanderous, libelous, obscene, profane or
which advocates a violation of law or LADSE rule.
Arson.
Extortion, blackmail, or coercion of LADSE personnel by force or threat of force.
The violation of LADSE's time, place and mannerregulations regardingdistribution of
written materials, in accordance with LADSE policy.
Sexual or other prohibited harassment, in accordance with LADSE policy.
Gang activity, including, but not limited to:
o wearing, possessing, using, distributing, displayingor selling any clothing,
jewelry, emblem, badge, symbol, sign, tattoo or other items which are evidence of
membership in or affiliation with any gang;
o committingany act, or using any communication, whether verbal or non-verbal,
showingmembership in or affiliation with a gang, such as gestures or handshakes;
o Drawingor possessing gang-related graffiti or distributing gang-relatedliterature;
o Recruiting or attempting to recruit gang members;
o Mimicking gang activity; and
o Any other activity reasonably determinedby LADSE officials to be in furtherance
of a gang.
For purposes of this Policy, a "gang" is defined as any group composed in whole or in
part of students that have one or more of the following as a purpose or activity:
intimidating, threatening or inflicting physical violence on any person; committingillegal
acts; or violating LADSE rules.
•
Any invasion of the privacy of another, including but not limited to using an electronic
communication device (as defined in the previous provision) or any other electronic or
photographic device to take, record and/or transmit pictures or video of another without
that person's consent. This prohibition does not include images taken in circumstances
where the person has no reasonable expectation of privacy, such as of a spectator at, or
participant in, an athletic contest.
Repeatedviolations of LADSErules may also constitutegross disobedienceor misconduct, thus
warranting discipline, even though each prior violation or misbehavior may not alone have
warranted discipline. Conduct which is truly gross by any standard may result in discipline even
if not listed above.
Adopted:
May 23,2012
I
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Disciplining Students With Disabilities
Section 5.11.1
When disciplining students with disabilities, LADSE shall complywith the Individuals with
Disabilities Education Improvement Act of 2004 and the Illinois State Board of Education's
Special Education Rules and Regulations. No student in special education shall be expelled if
the student'sparticular actof disobedience ormisconduct is a manifestation ofhis orher
disability. Students shall be subject to the discipline and behavior intervention policies oftheir
home district or the district in which they are placed for special education and/orrelated services.
Behavioral Intervention
1.
LADSE shall designate an employee to serve as a consultantto the a parentteacher
advisory committees established and maintained by its member districts to adopt,
implementand review the use ofbehavioral interventions in schools. The consultant shall
work with the committees to review local procedures and policies on an annual basis,
ensurethe dignity and privacyof students, emphasize positive interventions,maintain
high professional standards, and advise the district regarding issues arising from the use
of behavioral interventions.
2.
3.
The Consultant and member districts shall work together to:
A.
Furnish a copy of local policies and procedures to parents and guardians of all
students with individualized education plans within 15 days after the policies and
procedures have been adopted by the school board or at the time an individualized
education plan is first implemented for the student, and
B.
Inform its students ofthe existence ofthe policies and procedures annually.
LADSE shall maintain resources to conduct inservice and training opportunities for
parents and staff regarding the use ofbehavioral intervention that safeguard students
physical freedom and social interaction and placement in the least restrictive educational
environment.
A copy of Behavioral Interventions in Schools: Guidelines for Development of District Policies
for Students with Disabilities may be requested by writing to:
The Illinois State Board of Education
100 N. First Street
Springfield, IL 62777-0001
Legal Reference:
Illinois School Code 5/14-8.05
Adopted:
May 23,2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Student Discipline/Attendance Advisorv Committee
Section 5.11.2
The Advisory Committee of Lyons Township High School District 204 in its capacity as
LADSE's administrative district will be utilized when there is need for such a committee.
Adopted:
May 23,2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Search and Seizure
Section 5.12
Search andseizure policies and procedures of the district in which a studentis attending class
will be followed.
Adopted:
May 23, 2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Health and Dental Examinations and Immunization
Section 5.13
Every student, at or aboutthe same time she/heis given a physicalexamination as required by
the Illinois Department of Public Health, shall present to LADSE proof ofhaving received
immunizations for preventable communicable diseases. Member schools/LADSE staff will
apprise parents of their obligations in these areas and will furnish the necessary forms and keep
records of compliance.
Every student in kindergarten and the second and sixth grades must present proof ofhaving been
examined by a licensed dentist before May 15 ofthe current school yearin accordance with rules
adopted by the Illinois Departmentof Public Health. The school/LADSE staff will apprise
parents of their obligations in these areas andwill furnish the necessary forms and keep records
of compliance.
In accordance with The School Code, students objecting to immunizations on religious grounds
shallnot be required to submit themselves thereto, if they presentto LADSE a statement of such
objection signed by a parentor guardian ofthe student. If the student's physical condition is
such that any one or more of the immunizing agents should not be administered, the examining
physician shall so state on the health examination form.
All students entering LADSE multi-district programs for the first time shall provide the
Executive Director or designee proof of immunization from disease as required by state law by
October 15, except for districts with first-day-exclusion policies.
In the case of a transfer student, a period ofthirty (30) calendardays beginning with the first day
of enrollment in a LADSE multi-district program shall be given to meet the immunization
requirements, except for districts with first-day-exclusion policies.
The Executive Director or designee is authorized to prohibit a student from attending school in a
LADSE multi-district program until requirements for immunizations and physical examination
have been met or a statement objecting to such has been submitted.
Legal Reference:
111. Rev. Stat., Ch.122, &27-8.1
Adopted:
May 23,2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Students with Chronic Communicable Diseases
Section 5.14
Any studentwho has a chronic communicable disease shall be afforded the same rights,
privileges, and services provided by law and LADSE procedure. Such a studentmay attend
school in his/her normal classroom setting whenever, through reasonable accommodation and
without undue hardship to LADSE, there is no reasonable risk of transmission of the disease to
others. If a student is required to be placedin a non-school setting, an appropriate educational
program shall be developed and providedto the student. The determination of whether a student
with a chronic infectious communicable disease may attend school in his/her normal classroom
setting shall be made in accordance with LADSE administrative policies implementing this
policy,individual district policy, and, whereappropriate, the Illinois State Board of Education's
Rules and Regulations to Govern the Administration and Operation of Special Education.
The Executive Director or his/her designee shall determine, in compliance with State and federal
law, what, if any,information will be disseminated to staff, parents, andcommunity members
regarding an employee's chronic communicable disease. At its discretion, the Directing Board
mayrequire the Executive Director to submit such information to the Board for its review prior
to dissemination per individual district policy.
Legal Reference:
105 ILCS 5/10-21.11
Adopted:
May 23, 2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Student Grades
Section 5.15
The classroom teacher shall maintainthe responsibility andright to evaluate students and
determine their grades in the subject area or activity for which the teacher is responsible.
Should it be necessary in the judgment of an administrator to change the final grade of any
student (the grade whichwill be placed into the student's permanent record), the administrator
mustnotify, in writing, the teacher who issued theinitial grade as well as the student and his/her
parents. The written notification shall be made immediately and shall include therationale for
makingthe grade change. The administrator making the grade change shall assume full
responsibility for the change and shall sign the report card.
Grade changes by buildingadministrators may be madeundercircumstances where:
a.
b.
c.
Other evidence suppliedby the student and/or the teacherwarrants a grade
adjustment; or
The original grade can be shown to be punitive; or
Technical errors in grade calculation have been made.
Whenever possible, grade changes should occur only after the administrator has reviewed the
student's file and class work with the teacher. A genuine effort at consensus should be the goal
of such a meeting. The administrator and/or teacher may wish to involve other professionals
familiar with the child as a means of providing pertinent information.
Legal Reference:
105 ILCS 5/10-20.9a
Adopted:
May 23, 2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Visitation for Observation/Evaluation Purposes to a LADSE
Multi-District Classroom/Program Not Housed in a Public School Building
Section 5.16
In accordance with Section 14-8.02(g-5) ofthe Illinois School Code, LADSE shall provide
parents/guardians with reasonable access to LADSE's multi-district classrooms and programs not
housed in a public school building, to personnel, and to the student ofthe parent/guardian for the
following purposes:
•
to observe his or her student in the student's current educational placement, services, or
•
to visit an educational placement or program proposed for the student at the IEP meeting.
program, or
LADSE shall provide anindependent educational evaluator, ora qualified professional retained
by or on behalfof a parent or student, reasonable access to LADSE's multi-district
classrooms/programs not house in a public school building andto the student for the following
purpose:
•
to conduct an evaluation of the child, the child's performance, the child's current
educational program, placement, services, or environment, or any educational program,
placement, services or environment proposed at the IEP meeting for the child.
Before visiting a LADSE multi-districtclassroom/program not housed in a public school
building, the parent/guardian, independent educational evaluator, or qualifiedprofessional must
inform the LADSE Executive Directoror designee in writing ofthe proposed visit, the purpose
of the visit, and the approximate duration ofthe visit. Visits shall only be arranged at times that
aremutually agreeable to both LADSE andthe parent/guardian, independent educational
evaluator, or qualified professional, and shall be arranged and conducted in accordance with
Administrative Procedure 516.
For LADSE classrooms/programs housed in a public schoolbuilding, the policies and procedures
ofthat building will be in effect.
Adopted:
May 23,2012
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Visitation for Observation/Evaluation Purposes to a
LADSE Multi-District Classroom/Program
Not Housed in a Public School Building
Administrative Procedures for Policy 5.16
A. Definitions
For the purposes ofthe School Visitation for Observation or Evaluation Purposes Policy
516 and this accompanyingProcedure, "qualified professional"means an individual who
holds credentials to evaluate the child in the domain or domains for which an evaluation
is sought or an internworking under the direct supervision of a qualified professional,
including a master's or doctoral degree candidate.
B. Visits to LADSE Multi-District Classroom/Program Not Housed in a Public School Building
To ensure that a parent/guardian can participate fully and effectively with LADSE
personnel in the development of appropriate educational and related services for his or
her child, LADSE shall provide the parent/guardian, an independent educational
evaluator, or a qualified professionalretained by or on behalf of a parent or child with
reasonable access to educational facilities, personnel, classrooms, and buildings and to
the child for the specific purposes as set forth in the School Visitation for Observation or
Evaluation Purposes policy 5.16 and this Procedure.
a.
Parent/Guardian Visits to a LADSE Facility/Program
LADSE shall provide the parent/guardian with reasonable access to educational
facilities, personnel, classrooms, andbuildings and to the child for the purposeof
observing his or her child in the child's current educational placement, services, or
program or for the purpose of visiting an educational placement or program
proposed for the child at the IEP meeting.
A parent/guardian seeking to visit a LADSE facility/program for the purpose of
observing his or her child as set forth above, or to visit an IEP proposed
educational placement or program, shall be provided access in accordancewith
the following procedures:
1.
Before visiting a LADSE facility/program, the parent/guardian must
inform the LADSE Executive Director or designee in writing of the
proposed visit, the purpose ofthe visit, and the approximate duration of
the visit.
2.
Upon receiving such a written notice, the LADSE Executive Director or
designated administrator shall contact the parent/guardian to arrangethe
visit at a date and time that is mutually agreeable to both LADSE and the
parent/guardian. The parent/guardian visit shall not be scheduled on a date
and time that would disrupt the educational process.
I
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Visitation for Observation/Evaluation Purposes to a
LADSE Multi-District Classroom/Program
Not Housed in a Public School Building
3.
Administrative Procedures for Policy 5.16
Once LADSE and the parent/guardian have reached agreementas to the
date and time of the proposed visit, LADSE shall provide the
parent/guardian with a written confirmation of the agreed upon date, time
and duration of the visit.
b.
4.
On the agreed upon date andtime, the parent/guardian shallenterthe LADSE
facility/program in accordance with LADSE's visitationprocedures, andshall
present to the designated administrator a copy of the written confirmation
providedby LADSE setting forth the agreed upon date andtime forthe visit.
5.
During a parent/guardian observation, the parent/guardian shall not
interact with his or her child, any other students, the classroom teacher
and/or aide, or otherwise disrupt the educational process.
6.
The parent/guardian shall at all times comply with LADSE's school safety,
security, and visitation policies. LADSE reserves the right to terminate the
parent/guardian visit at any time should the parent/guardian fail to comply
with LADSE's policies, or otherwise disrupt the educational process.
7.
The parent/guardian shall at all times comply with the requirements of
applicable privacy laws, including those laws protecting the confidentiality
of education records such as the federal Family Educational Rights and
Privacy Act and the Illinois School Student Records Act. Unless
otherwise authorized, the parent/guardianis prohibited from taking any
photographs, video or audio recordings, or other images during his or her
visit, or from creating any records that contain personally identifiable
information regarding any child other than the child of the parent/guardian.
LADSE reserves the right to terminate the parent/guardian visit at any time
should the parent/guardian fail to comply with these terms.
Independent Education Evaluator or Qualified Professional Visits to a
LADSE Facility/Program
LADSE shall provide an independent educational evaluator ("IEE") or a qualified
professional retained by or on behalf of a parent ("Qualified Professional")
reasonable access to educational facilities, personnel, classrooms, and buildings
and to the child for the purpose of conducting an evaluation ofthe child, the
child's performance, the child's current educational program, placement, services,
or environment, or any educational program, placement, services, or environment
proposed for the child at the IEP meeting. The IEE or Qualified Professional shall
I
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Visitation for Observation/Evaluation Purposes to a
LADSE Multi-District Classroom/Program
Not Housed in a Public School Building
Administrative Procedures for Policy 5.16
also be afforded reasonable access to conduct interviews of educational personnel,
child observations, assessment, tests or assessments of the child's educational
program, services, or placement of any IEP proposed educational program,
services, or placement, if such interview, observations, assessments or tests are
partof the IEE's or Qualified Professional's evaluation.
All other individuals, including IEE's and Qualified Professionals seeking to visit
a LADSE facility/program for the purpose of conducting an observation or for any
purpose otherthan to conduct an evaluation, must abideby LADSE's visitation
policies, and shall only be provided access to a LADSE facility/program in
accordance with LADSE's visitation policy.
An IEE or a Qualified Professional seeking to visit a LADSE facility/program for
the purpose of conducting an evaluation as set forth above, shall be provided
access in accordance with the following procedures:
1.
Before visiting a LADSE facility/program, the IEE or Qualified
Professional shall inform the LADSE Executive Director or designee in
writing ofthe proposedvisit, the purpose of the visit, and the approximate
duration of the visit. If the IEE or Qualified Professional seeks to
interview one or more relevant school personnel as part of the evaluation,
the IEE or Qualified Professional must also inform the building principal
in writing of the particular school personnel whom he or she would like to
interview. Interviews shall be limited to those personnel having
information relevant to the child's current educational services, program,
or placement, or to a proposed educational service, program, or placement.
The IEE or Qualified Professional must also attach documentation
providing sufficient proof of the parent/guardian's consent to such an
evaluation by the particular IEE or Qualified Professional, unless such
documentation has otherwise been provided to LADSE.
2.
Upon receiving such a written notice, the LADSE Executive Director or
other designated administrator shall contact the IEE or Qualified
Professional to arrange the visit at a date and time that is mutually
agreeable to both LADSE and the IEE or Qualified Professional. At that
time, if the IEE or Qualified professional seek to interview one or more
relevant school personnel, the interviews shall be arranged to be conducted
at a mutually agreed upon time, date, and place that do not interfere with
the LADSE employee's school duties. The visit shall not be scheduled on a
date and time that would disrupt the educational process.
I
451227.1
STUDENTS RIGHTS AND RESPONSIBILITIES
Visitation for Observation/Evaluation Purposes to a
LADSE Multi-District Classroom/Program
Not Housed in a Public School Building (cont.)
3.
Administrative Procedure for Policy 5.16
Once LADSE and the IEE or Qualified Professional have reached
agreementas to the date and time of the proposed visit, LADSE shall
provide the IEE or Qualified Professional with a writtenconfirmation of
the agreed upon date and time of the visit.
4.
On the agreed upon date and time, the IEE or Qualified Professional shall
enter the LADSE facility/program in accordance with LADSE visitation
procedures, and shall present to the designated administrator a copyof the
written confirmation provided by LADSE setting forth the agreed upon
date and time for the visit.
5.
The IEE or Qualified Professional shall at all times comply with school
safety, security, and visitationpolicies. LADSE reserves the right to
terminate the IEE's or Qualified Professional's visit at any time should the
IEE or Qualified Professional fail to comply with LADSE policies, or
otherwise disrupt the educational process.
6.
The IEE or Qualified Professional shall at all times comply with the
requirements of applicableprivacy laws, including those laws protecting
the confidentiality of education records such as the federal Family
Educational Rights and Privacy Act and the Illinois School Student
Records Act. Unless otherwise authorized, the IEE or Qualified
Professional is prohibited from taking any photographs, video or audio
recordings, or other images during his or her visit, or from creating any
records that contain personally identifiable information regarding any child
other than the child who is the subject of the evaluation. LADSE reserves
the right to terminate the IEE's or Qualified Professional's visit at any time
should the IEE or Qualified Professional fail to comply with these terms.
Adopted:
May 23, 2012
451227.1