Student Handbook - Fort Smith School District

Student Handbook

Adopted by the Board of Education

June 19, 2023

Students and Parents:

Please take some time to review this handbook carefully. It includes the student policies that have

been approved by the Fort Smith Public Schools Board of Education and govern enrollment,

attendance, and conduct. You will also find information about academic requirements specified by the

Arkansas General Assembly.

Sometimes court decisions, legislation, and district policy changes take place between annual

handbook review processes. In the instance of a conflict, court precedent, law, and district policy

supersede the handbook. The handbook is now primarily accessed electronically. This provides us

with more opportunities to update it throughout the year to ensure that it remains in alignment with the

latest changes in law and policy. In addition to the annual process of updating the handbook, it will also

be revised and reposted as the Board of Education approves any changes throughout the year. A

limited number of paper copies of the latest version of the handbook will continue to be available at

each campus.

If you have any questions regarding any of these policies, please contact the principal of your campus

or the Executive Director of Student Services.

Terry Morawski, Ed.D.

Superintendent

In compliance with federal nondiscrimination laws the Fort Smith Public Schools do not discriminate in

employment and education practices relative to race or national origin (Title VI of the Civil Rights Act of

1964), disability (Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with

Disabilities Act), sex (Title IX of the Education Amendments of 1972), age (The Age Discrimination Act

of 1975) or genetic information (Title II of the Genetic Information Nondiscrimination Act of 2008). The

coordinator and contact person for all the above civil rights areas is the Assistant Superintendent for

Human Resources and Campus Support, Fort Smith Public Schools, P.O. Box 1948, Fort Smith, AR

72902-1948, phone, (479) 785-2501.

INTRODUCTION

Discipline, attendance, and effort form the foundation of successful learning and teaching. Students

and parents must have a clear understanding of school operations, and educators must clearly

communicate expectations for satisfactory performance.

With this goal as its primary focus, the Fort Smith Public Schools Handbook Revision Committee,

comprised of students, parents, teachers, assistant principals, and other administrators and community

representatives, has reviewed the Fort Smith Public Schools Student Handbook. The committee has

worked diligently to ensure that this discipline code complies with appropriate federal and state

statutes and that the discipline code complies with the community’s belief in a positive learning

environment. Recommendations for changes in these policies may be submitted in writing to the

Executive Director of Student Services by the last Monday in March each year. Those

recommendations will be presented to the committee for their consideration. Parents, students, and

educators form a partnership that contributes to each student’s academic achievement by establishing,

communicating, and applying fair and consistent discipline policies. In fact, the hallmark of disciplinary

policies is fairness. Both faculty members and administrators attempt to resolve problems and

reinforce successes through the cooperative efforts of district resources and parents or guardians.

Students and their parents receive copies of this handbook so that positive expectations for student

conduct are communicated clearly. A variety of methods may be used to adequately and effectively

address violations of this code. These intervention methods may include conferences with parents,

verbal or written warnings, detention, suspension, expulsion, counseling, training in conflict resolution,

or placement in an alternative learning environment.

The items in this Student Handbook are applicable to all schools in the Fort Smith Public Schools.

Each individual school may adopt additional guidelines so long as they are not in conflict with these

provisions.

This document attempts to balance the rights of students with the responsibility of educators to

maintain a safe and orderly school environment, essentially to form a community whose goal is to

increase both knowledge and performance both as learners and as citizens.

This handbook was adopted by the FSPS Board of Education 6/19/2023.

NOTICE

TO: Employees, Parents, and Students of the Fort Smith Public School District

FROM: Terry Morawski, Superintendent of Schools

DATE: June 19, 2023

SUBJECT: Civil Rights Compliance

In accordance with the requirements of Title VI, Section 601, Civil Rights Act of 1964; Title IX, Section

901, Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; and the

Educational Equity Guidelines for Arkansas School Districts as required by Standard I of Accreditation

Standards for Arkansas Schools, the Fort Smith Public School District assures that no person in the

School District will, on the basis of race, color, national origin, religion, age, sex, or disability, be

excluded from the participation in, be denied the benefit of, or be subjected to discrimination under any

program or activity of the Fort Smith Public School District.

Questions concerning temporary student disabilities and accommodations should be brought to the

attention of the school principal. A form will be completed by school personnel and the parent to

assess reasonable accommodations for the student. Questions concerning permanent student

disabilities and accommodations should be brought to the attention of the school principal and the

school 504 Coordinator to be handled in a 504 conference with the parent.

Questions concerning compliance with Title VI (race), Title IX (sex), Section 504 (disability), or

Standard XV Guidelines (education equity), should be submitted to:

District Equity Coordinator Fort Smith Public Schools

P. O. Box 1948 Fort Smith, AR 72902

iii

NOTICE

TO: Employees, Parents, and Students of the Fort Smith School District

FROM: Terry Morawski, Superintendent of Schools

DATE: June 19, 2023

SUBJECT: SEXUAL HARASSMENT OF STUDENTS OR STAFF MEMBERS

1. It is the policy of the School District to maintain a learning and working environment that is free

from sexual harassment. Sexual harassment is deemed unacceptable conduct in the educational

and employment environment and will not be tolerated. Sexual harassment is against the law. All

principals and supervisors within this District are responsible for ensuring that all personnel

(students and staff members) are afforded the opportunity to work and study in an environmen

free from sexual harassment. I expect all principals, supervisors, and staff members to actively

support this policy and will hold them accountable for ensuring that sexual harassment is not

tolerated and for reporting alleged incidents to appropriate supervisors.

2. Sexual harassment is defined as unwelcome or unwanted sexual advances, requests for sexual

favors, and other inappropriate oral, written, or graphic communications, or physical conduct o

a sexual nature, occurring on school property or at a school-sponsored event, when:

A. Submission to that conduct is explicitly made a condition of the individual’s employment or

education; or

B. Such conduct has the purpose or effect of substantially and unreasonably interfering with

the individual’s employment or education by creating an intimidating, hostile or offensive

environment; or

3. Conduct that is not sexual in nature, but engaged in because of the victim’s gender can be

sexual harassment and will not be tolerated.

4. Sexual harassment is unacceptable behavior and will not be allowed. Sexual harassment will be

actively opposed and will not be condoned within this School District. It is no defense to a claim

of sexual harassment that the alleged harasser did not intend to harass. The School District

Sexual Harassment Complaint Resolution Procedure may be utilized if a complaint is filed.

5. Any employee who becomes aware of possible sexual harassment must as a condition of continued

employment report the incident. The District will promptly and thoroughly investigate all complaints.

Staff and students can raise concerns and make reports without fear of retaliation. Complaints m

be made to the employee’s supervisor, the student’s principal or to the:

District Sexual Harassment Coordinator

P. O. Box 1948

Fort Smith, AR 72902-1948 (479) 785-2501

FORT SMITH PUBLIC SCHOOLS STUDENT HANDBOOK

Superintendent’s Message i

Introduction ii

Notice: Civil Rights iii

Notice: Sexual Harassment iv

I. Attendance Policies 1

A. Eligibility for Enrollment 1

B. Enrollment Documentation 1-4

C. International Exchange Students 4

D. The McKinney-Vento Homeless Program and Foster Care Students 5-6

E. Student Classroom Assignments - Multiple Birth Siblings 6

F. Compulsory School Attendance 6-8

G. Guidelines for Excused and Unexcused Absences 8-14

II. Child Custody Situations 14-15

III. Student Health 15-24

IV. Nutritional Guidelines 24-25

V. Parental Involvement 25-30

VI. Academic Policies 31

A. Grading System 31

B. Smart Core Curriculum and Course of Study 31-34

C. Homework and Independent Study Skills 34

D. School Reporting of Students’ Performance 34

E. Student Promotion and Retention 35

F. State Mandated Testing and Student Academic Improvement Plans 35-36

VII. Student Records 36

A. Rights to Privacy 36-37

B. Directory Information 37

C. Non-Custodial Parent Access to Records 37

D. Student Surveys 37-38

E. Destruction of Records 38

VIII. Co-Curricular and Extracurricular 38-39

IX. Eligibility for Athletic Competition 39-40

X. School Organizations and Activities 40

A. Definition 40

B. School Activity Requirements 40-41

C. Solicitation of Funds 41-42

XI. Student Media 42-44

XII. Fort Smith Public Schools/Internet Acceptable Use Guidelines 44

A. Acceptable Use 44

B. Unacceptable Use 44-45

C. Behavior in Use 45

D. Technology and Privacy in Locker Rooms, Restrooms, and Designate

Changing Areas 45-46

E. Plagiarism 46

F. Use of Copyrighted/Licensed Materials 46

G. Violations Statement 46-47

H. Online Safety Pledge 47

I. Additional Rules for Digital Devices Issued to Students for Classroom Use 47-48

J. Additional Rules for Bring Your Own Device (BYOD) 48

K. Internet Safety and Web Filtering Policy 48-49

L. 1:1 Digital Conversion Guidelines 49-51

XIII. Distribution of Literature 51-52

XIV. Student Dress Code 52

XV. Search, Seizure, and Monitoring 52

XVI. FSPS Anti-Bullying Administrative Policy 52-56

XVII. Student Use of Multiple Occupancy Room and Student Name, Title, Pronoun 56

A. Student Use of Multiple Occupancy Room 56-57

B. Student Name, Title, Pronoun 57

XVIII. Transportation Rules for Students 57-58

XIX. Student Conduct Not Permitted on School Premises or at Any Activity Relate

to School 58-63

XX. Controlled Substance Discipline Procedures 63

A. Controlled Substance – General Student Population 63

B. Controlled Substance- Activity Program 63-64

C. Controlled Substances- Attempted Suicide 64

XXI. Discipline for Students with Disabilities 64-65

XXII. Suspension of Students 65-66

XXIII. Student Control – Restraint 66

XXIV. Expulsion 67-68

XXV. Group Hearings for Suspension or Expulsion 68

XXVI. Complaint Resolution Procedures 68

A. Education Equity or Sexual Harassment 68-70

B. Federal Funds 70-71

IMMUNIZATION Checklist 72

Student Handbook

Approved June 19, 2023

I. ATTENDANCE POLICIES

A. Eligibility for Enrollment

Non-resident students may attend Fort Smith Public Schools only by means of an approved

application under the Public School Choice Act of 2015 (ACA 6-18-1901 et seq.), a tuition

agreement between districts, or by means of a Student Legal Transfer.

School Choice applications must be submitted to the Department of Student Services. The

transfer application must be postmarked, emailed, or hand delivered on or before between

January 1 and May 1 of the year preceding the fall semester the applicant would begin in the

district. By July 1, the Superintendent, or designee, shall notify the parent and the students

resident district, in writing, of the decision to accept or reject the application. Students approved

for attendance in the District will be assigned, based on guidelines developed by the school

administration, to a school for attendance purposes.

Student Legal Transfers require completion of a “Petition for Transfer of Students” form

published by the Arkansas Department of Elementary and Secondary Education. Submission of

the completed petition must be made to the Executive Director of Student Services. Transfer

applications shall be placed on the Board’s next meeting agenda. The District shall review and

accept or reject requests for transfers, into the District, on a case-by-case basis. Approved

requests shall take effect following Board action taken on the requests.

School Choice and Legal Transfers may be limited to schools with sufficient capacity. Schools

available for these transfers will be determined by the district administration.

The District 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 parent, legal guardian, 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 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.

A.C.A. § 6-18-316

A.C.A. § 6-18-510

Reference: ASBA Model Policies.

B. Enrollment Documentation

Parents must provide proper documentation to the school in order to enroll a student:

1. Copy of the student’s social security card or a signed and notarized social security

waiver including a number assigned in place of the student’s social security number.

This form can be provided in the Student Service’s Office.

2. The student’s age must be verified using one of the following documents (ACA 6-18-

208):

a. State issued 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 guardian,

f. Previous school records,

g. United States military identification.

3. An up-to-date immunization card or proof of required exemptions as provided by the

Arkansas Department of Health.

4. All enrolling kindergarten students are required to provide proof of a physical

examination.

5. Proof of residence using one of the following methods:

a. An approved school choice application/letter,

b. Documentation of an approved district transfer from the school boards of the

resident and receiving district.

c. One of the following:

i. A current utility bill (within 30 days) showing the name and address of the

student’s parent or legal guardian,

ii. Families living in a situation where tax statements and utilities are in

another’s name (residence provider) may provide a signed written

statement from the residence provider attesting the family living at the

provided address and a copy of the photo ID of the person providing the

letter, along with a utility bill in the name of the residence provider. In

addition, the guardian or parent of the student will need to complete and

sign a Resident Statement affidavit in the Student Services Office where it

will be notarized for the parent swearing the claimed address.

iii. Home purchase contract including specified closing date with a copy of

the deed to be provided within 90 days.

iv. An independent investigation may be made to confirm or deny the

verification of any claimed address when seen as needed by school

administrators.

v. Home visit and verification by a designated school official to the address.

6. School Choice and Legal Transfers may be limited to schools with sufficient capacity.

Schools available for these transfers will be determined by the district administration.

7. 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. 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.

“Active duty members of the uniformed services” includes members of the National Guard and

Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211;

“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;

• 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.

“Uniformed services” means the United States Army, United States Navy, United States Air

Force, United States Marine Corps, 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 liaison, 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 designates as the District’s military education liaison

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:

a. 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;

b. 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;

c. 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;

d. 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;

e. 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

appropriate placement of the student;

f. 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 appropriate placement of the

student;

g. 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;

h. 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.

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.

C. 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 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.

D. The McKinney-Vento Homeless Program and Foster Care Students

The McKinney-Vento Homeless Program helps remove barriers to learning for students

experiencing homelessness or placement in foster care. The term “homeless children and

youth” means individuals who lack a fixed, regular, adequate nighttime residence. In an effort to

identify and assist students experiencing homelessness, the District provides liaisons at both

the building and district level. The liaisons are tasked with administering the regulations and

procedures as outlined in the McKinney- Vento Act while complying with the provisions of the

Fort Smith Public Schools Homeless Education Program. Enrollment requirement exceptions for

homeless and foster care youth are listed above in “B, 1. Enrollment documentation”.

1. Transportation of Homeless and Foster Care Students – Under the “Every Student

Succeeds Act of 2015” students awaiting foster care placement and students in actual

foster care are eligible for the same transportation services as students designated as

“homeless.” Such services will be comparable to those provided for non-homeless

students.

Fort Smith Public Schools acknowledges that the responsibility for transporting children

to and from school belongs to the parent. However, due to the size of the district, the

student population, and the locations of various programs and schools, it is the policy of

the Fort Smith Public Schools to provide transportation exceptions if a student meets at

least one of the following conditions:

a. A student attending his/her home school lives outside a two-mile radius of his/her

school,

b. A student who cannot attend his/her home school due to overcrowding. He/She

will be transferred and bussed from their home school to a school that has space

available at his/her grade level,

c. Special needs students, with a qualifying disability, may be picked up at home, at

a neighborhood school, or at a bus stop near their home,

d. School to school program transfers for some secondary classes that are provided

at locations other than the home school.

2. FSPS Transportation Policy for Homeless and Foster Care Students - Homeless and

Foster Care Students, (HFCS), who wish to attend a school outside their school of

location may do so, if it is determined by the parents, the school administration, and the

local welfare agency, in the case of foster care students, to be in the best interest of the

child.

For the purposes of school transportation, Homeless and Foster Care Students (HFCS) will be

considered “at-large students” eligible to ride to and/or from any bus stop that serves their

school of choice. (Comparable Service)*

If the school of choice is within a two-mile radius of their residence, then no bus transportation

will be provided. (Comparable Service)*

However, if any school within that two-mile radius has a bus route that connects to their school

of choice, the HFCS may ride that bus from that school to their school of choice. This is an

additional service that is provided to HFCS and this option is not available to other students and

parents. (Additional Service)**

If the school of choice or a connecting school is outside a two-mile radius of their residence,

then FSPS will make arrangements for that student to be transported from a bus stop or a

neighborhood school, to the school of choice. Parents should be aware that this option may

require earlier pick up or/later drop off times and possibly one or more bus transfers to get the

students to their destination.

(Additional Service)** Students in foster care or awaiting foster care are eligible for these same

transportation services if requested by the local welfare agency. However, in order to account,

control, and share transportation costs, a completed registration form, along with documentation

from the Department of Human Services of each qualifying student’s status (only those students

requesting bus transportation), must be made and provided to the District each school year. The

registration form and documentation letter should be submitted to the FSPS Homeless Liaison

by September 15th of each year; who will then forward copies to the FSPS Student Services

Office and the FSPS Transportation Office by October 1st of each year. If HFCS are being

transported between neighboring school districts, then both districts share the responsibility and

the costs of arranging transportation details. The cost for any additional services for foster

students, such as those listed above, will be the responsibility of the local welfare agency, as

stated under the provisions of the law.**

*Paragraph 3; Sect. A –Transportation Services – 42 U.S.C. 11432(g)(4) Comparable Services

** The Every Student Succeeds Act of 2015 and Amendments on Foster Care in Title 1 Part-A

of the Elementary and Secondary Education Act.

E. Student Classroom Assignments - Multiple Birth Siblings

Classroom assignments are made by the school principal or designee. The parent, guardian or

other person having charge or custody of multiple birth siblings in grades pre-K through 5 may

request that the multiple birth siblings are placed in either the same or separate classrooms.

The request shall be in writing not later than the 14

calendar day prior to the first day of classes

at the beginning of the academic year. The school shall honor the request unless it would

require the school to add an additional class to the sibling’s grade level. If one (1) parent of

multiple birth siblings requests a placement that differs from that of the other parent of the same

multiple birth siblings, the school shall determine the appropriate placement of the siblings.

The school may change the classroom placement of one (1) or more of the multiple birth

siblings if:

• There has been a minimum of thirty (30) instructional days since the start of the

school year: and

• After consulting with each classroom teacher in which the siblings were placed,

the school determines the parent’s classroom placement request is:

a. Detrimental to the educational achievement of one (1) or more of the

siblings;

b. Disruptive to the siblings’ assigned classroom learning environment; or

c. Disruptive to the school’s educational or disciplinary environment.

If a parent believes the school has not followed the requirements of this policy, the parent may

appeal the multiple birth siblings’ classroom placement to the Director of Elementary Education.

The decision of the Director of Elementary Education regarding the appeal is final.

Legal References: ACA 6-18-106

Additional Reference: ASBA Model Policies

F. Compulsory School Attendance

Arkansas Code 6-18-201, amended, mandates as follows:

Every parent, guardian or other person residing within the State of Arkansas having custody or

charge of any child or children age five (5) through seventeen (17) years on or before August 1

of that year, both inclusive, shall enroll and send the child or children to a public, private or

parochial school, or provide a home school for the child or children as described in 6-15-501 et

seq. Under such penalty for noncompliance as shall be set by law with the following exceptions:

Any student who has received a high school diploma, or its equivalent as determined by the

State Board of Education, is not subject to this attendance requirement.

Students may enter kindergarten in the public schools of this state if they will attain the age of

five (5) years 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 approved kindergarten program in

another state or country for at least sixty (60) days, who will become five (5) years old during the

year in which he or she is enrolled in kindergarten and who meets the basic residency

requirement for school attendance, may be enrolled in kindergarten upon written request to the

School District.

Any parent, guardian or other person residing within the state and having custody or charge of

any child or children may elect for the child or children not to attend kindergarten if the child or

children will not be age six (6) on September 15 of that particular school year. If such an

election is made, the parent, guardian or other person having custody or charge of the child

must file a signed Kindergarten waiver form with the local district administrative office. Such

form shall be prescribed by regulation of the State Department of Education. Upon filing the

Kindergarten waiver form, the child or children shall not be required to attend kindergarten in

that school year.

Any child age sixteen (16) or above enrolled in a post-secondary vocational-technical institution,

a community college or a two-year or four-year institution of higher education is not subject to

the attendance requirement.

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 agrees with placement in the first

grade; otherwise the child shall be placed in kindergarten.

Any child may enter the first grade in the public schools of this state 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 this state.

Parents electing to waive the kindergarten requirement must file a kindergarten waiver with the

Superintendent of Schools or the District’s Executive Director of Student Services.

The Fort Smith School District recognizes its responsibility to meet the legal requirements as set

forth by state law regarding attendance, curriculum, and the general welfare of the student.

Students within the compulsory attendance age, as defined above, and not yet eighteen (18)

years of age shall not be dropped from the roll of any school unless they have:

A. Moved from the Fort Smith Public School District.

B. Died.

C. Received a high school diploma or its equivalent as determined by the State

Board of Education.

D. Entered private, parochial, or home school.

E. Been committed to an institution.

F. Been recommended to be dropped by the Superintendent of Schools.

Records shall be maintained on all students in Grades 7-12 leaving school prior to the

completion of the high school graduation. Records shall show, as required by Statute 6-18-214,

the following:

1. School site.

2. Gender.

3. Date of birth.

4. Racial or ethnic identification.

5. Educational handicapping condition, if any.

6. Reason for leaving. Reporting forms shall include, but not be limited to the following

reasons for leaving school:

a. Enrollment in another accredited public, private, or parochial school program

leading to a high school diploma.

b. Failing grades.

c. Lack of interest.

d. Conflict with school.

e. Suspension or expulsion.

f. Economic hardship.

g. Pregnancy or marriage.

h. Peer conflict.

i. Incarceration.

j. Alternative plans other than those listed.

k. Did not return after end of previous semester and none of the reasons listed

herein is known to apply.

Data shall also be maintained for those students entering home school programs and students

who have run away and their location is unknown.

G. Guidelines for Excused and Unexcused Absences

The Board of Education of the Fort Smith School District recognizes that prompt, regular

attendance in school is extremely important. Excessive absenteeism not only adversely affects

the learning process of students but may impede the normal progression of a student through

the grades. The Board expects each student to attend all scheduled classes and daily activities

except when a student has been excused by the principal or principal’s designee. Students who

report to school but fail to attend all scheduled classes and activities, except where officially

excused, are contributing to the potential disruption of the instructional program. A

parent/guardian or persons in loco parentis have the responsibility to require of his/her students

prompt, regular school attendance. A parent/guardian should be familiar with the educational

program of the school and rules regarding attendance and student behavior. Unless a student

has an excused absence from school, he/she should be in attendance. Excessive absences

may result in a denial of promotion or graduation (ACA 6-18-222). Excessive unexcused

absences may result in the filing of a Family in Need of Services (FINS) petition with the juvenile

court.

ATTENDANCE

Types of absences: Excused, Parental Permission, and Unexcused

VIRTUAL SCHOOL ATTENDANCE

Absences for students enrolled in synchronous digital courses shall be determined in the same

manner as for District students attending courses in person. Absences for students enrolled in a

combination of synchronous and asynchronous learning at grades K-12 shall be determined by

attendance during mandatory live instruction as specified in virtual student contract

and schedule. Students who are scheduled to have a dedicated period for a synchronous

course may be considered truant under district policy for failure to be physically where they are

assigned to be but would not be considered absent for the digital course itself if the student

satisfies the attendance requirements for the asynchronous digital course.

Excused and unexcused absences will be defined the same for virtual school students as for

traditionally enrolled students. Excused and unexcused absences are described above under

the headings: “Excused Absences” and “Unexcused Absences”.

FSPS Virtual School Attendance Accounting

● FSPS students who choose to participate in their instruction virtually from home will have

attendance based upon participation in live lessons and/or the successful completion of

assigned coursework.

● Attendance Requirements

o Students are required to participate in core class instruction meetings held

online. Failure to attend Live Sessions will initially be recorded as an unexcused

absence until documentation excusing absence is submitted.

o Students are required to participate in any small group meetings held online.

However, if a student demonstrates mastery of assignment and assessments

and does not attend small group meetings, an absence will not be recorded.

o Students are required to complete all assigned coursework, tasks and/or

assignments on asynchronous learning days. Failure to satisfactorily complete all

assignments for the class will be recorded as an unexcused absence until

documentation excusing absence is submitted.

o Students are required to complete all assigned assessments, whether teacher,

district, or state required. Failure to satisfactorily complete an assigned

assessment will be recorded as an unexcused absence until documentation

excusing absence is submitted.

● For clarification, an excused absence adheres to the same policy documenting excused

absences for in person student attendance as outlined below.

● The school will address the lack of attendance in the following manner:

o When a student accumulates one or more unexcused absences in one week, the

virtual student’s classroom teacher calls/emails to check on the student.

o When the student accumulates three unexcused absences, the virtual student’s

classroom teacher attempts another phone call home.

o When the student accumulates five unexcused absences, the virtual student’s

teacher alerts the principal and school counselor. The building principal, or their

designee, calls home.

o When the student accumulates seven, unexcused absences, district

representative(s) will make a home visit. Regardless of whether the home visit

personnel successfully talks to the student’s parent or guardian, a certified letter

is sent to the home. Students who continue to experience unexcused absences

will be dropped from virtual instruction and reinstated in physical classes. If the

student does not return to physical classes by the 3rd day after the certified letter

was delivered, the school will file a FINS based on failure to comply with the

compulsory attendance statute.

● Building/district administrators have the authority to modify these procedures due to

extenuating circumstances.

o Unexcused absences do not have to be assigned consecutively for school action,

as outlined above to take place.

o Students with ten (10) consecutive unexcused absences shall be dropped on the

eleventh (11) unexcused day and removed from the Virtual Learning platform.

Students will be expected to re-enroll in person learning upon return. A.C.A § 6-

18-213.

A. ABSENCES

1. Excused – Excused absences are those where the student was on official school

business or when the absence was due to one of the following reasons:

a. Student’s illness when medically documented or approved by the principal;

b. Death or serious illness in the immediate family, i.e. spouse, child, parent, sibling,

grandparent, any relative who lives in the same household as the student;

c. Observance of recognized holidays observed by the student’s faith;

d. Attendance at a medical appointment;

e. Exceptional circumstances with prior approval of the principal;

f. Participation on FFA, FHA, or 4-H sanctioned activities;

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

h. Absence 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 combat zone or combat support

posting. The number of additional excused absences shall be at the direction of

the Superintendent or designee;

i. Absences granted, at the Superintendent’s discretion, to seventeen (17) year old

students who join the Arkansas National Guard while in the eleventh (11th) grade

to complete basic training between grades eleven (11) and twelve (12);

j. 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;

k. Absences due to conditions related to pregnancy or parenting, including without

limitations:

● Labor, delivery, and recovery;

● Parental 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

limitations:

o Adopting;

o Custody; and

o 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.

l. Parental Permission for any reason not covered above, not to exceed five (5)

days per year, provided the parent has contacted the school attendance office,

by note or by phone call, the day the absence occurs.

• For the purposes of elementary school attendance, parent permission

days will be counted in the form of five (5) a.m. and five (5) p.m.

absences.

• No more than five (5) of either a.m. or p.m. absences will be excused as

parent permission.

• Absences for parent permission shall not be granted in conflict with

semester examination schedules.

m. Any circumstance not covered above which the District determines are excused;

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 absence to be considered excused, the student must:

a. Bring a written statement to the principal or designee upon the student’s return to school

from court or legal documents, or treating licensed health care provider identifying the

office and/or the name of the professional who provided the service 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

court or legal documents, or treating licensed health care provider identifying the office

and/or the name of the professional who provided the service 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 FFA, FHA, or 4-H program that is provided by a FFA,

FHA, or 4-H county extension agent, 4-H educator, or other appropriate entity

associated with the FFA, FHA, or 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.

It is the Arkansas General Assembly’s intention that students having excessive absences be

given assistance in obtaining credit for their courses. Excessive absences may, however, be the

basis for the denial of course credit, promotion, or graduation.

An excused absence shall afford the student the privilege of making up all assignments and/or

class activities as the teachers direct.

2. Parental Permission

a. Parental permission may be granted for any reason, including personal illness

without written verification, provided the parent has contacted the attendance

office, by note or phone call, the day the absence occurs.

b. The student may not exceed five (5) parental permission absence days for the

school year. If a student exceeds five (5) days of parental permission absence in

any class for the school year, all parental permission days beyond the first five

(5) are classified as unexcused. For the purposes of elementary school

attendance, parent permission days will be counted in the form of five (5) a.m.

and five (5) p.m. absences. No more than five (5) of either a.m. or p.m. absences

will be excused as parental permission

c. Parental permission shall afford the student the privilege of making up all

assignments and/or class activities as the teachers direct.

d. Absences for parental permission shall not be granted in conflict with semester

examination schedules.

3. Unexcused

a. An unexcused absence shall be considered to be a willful absence (truant) from

school if it is without the knowledge of the student’s parent/guardian.

b. Any other absence not considered excused in the two preceding sections will be

counted as unexcused.

c. Any student who is truant or has an unexcused absence forfeits the right to make

up any work for credit.

d. Students on short-term suspension from school (not to exceed ten days) shall be

considered absent but excused for the purpose of completing make up work

during the term of suspension. These students will be expected to make up their

school work and may receive full credit upon satisfactory completion. The sole

responsibility for completing assigned work rests with the student. All make-up

work should be returned to the appropriate teacher upon the student’s return to

school. For the purposes of absenteeism, short-term suspension days (not to

exceed 10 days) shall be considered unexcused.

e. A student with four (4) or more unexcused absences per semester may be

assigned consequences. Minimum – reprimand; Maximum – suspension.

f. Students with ten (10) consecutive unexcused absences shall be dropped on the

eleventh (11) unexcused day. Students will be allowed to re-enroll upon return.

Space is not guaranteed at the same school upon reenrollment. A.C.A § 6-18-

213.

4. School Business – School business days will be excused. School business designation

is limited to school sanctioned/sponsored activities and events.

Other References: ASBA Model Policies

B. PARENT/GUARDIAN CONTACT

The parent/guardian should contact the school by 9:00 a.m. any day that a student will be

absent. In addition to assisting the school with the attendance record, parent/guardian

notification to the school is a security measure to verify the locations of all students.

Upon the 5th unexcused absence in any semester a letter will be sent to the parent/guardian

notifying him/her that upon the 10th unexcused absence of the same semester the student may

be denied promotion or credit. Before a student accumulates the 10th day of unexcused

absence for the semester the student, the student’s parents, or guardian, may petition the

school principal for a conference to address the student’s absences (Act 1223 of 2011).

Exceptions to this rule will be made in accordance with the student’s IEP or 504 plans.

Students with long-term, medically documented illness or injury may be allowed to make up

work and may be given assistance in obtaining credit for courses in which they are enrolled.

C. LEGAL NOTIFICATION

Upon notification by the School District that a student of mandatory school age is no longer

attending school or has 10 consecutive absences in any class, the County Prosecuting Attorney

or City Prosecuting Attorney will be notified that the student is no longer attending school.

Students with unexcused absences in excess of 10 total days in any one semester may be

considered delinquent, and appropriate notification to the County Prosecuting Attorney or City

Prosecuting Attorney may be made subject to the directions of the Superintendent or his/her

designee.

The Fort Smith School District shall notify the Arkansas Department of Finance and

Administration whenever a student 14 years of age or older is no longer attending school, and

the Department of Finance and Administration shall suspend the student’s learner permit or

driver’s license until the student re-enrolls and is successfully attending school.

D. COURSE CREDIT

Credit may be denied to a student Grades 9–12 enrolled in credit courses when a student has

more than 15 days of total absence in a semester.

E. DENIAL OF PROMOTION

Excessive absences (15 days per semester) may be a basis for denial for promotion or

graduation. Before a student reaches 15 days of absence in a semester, the parent or guardian

may petition the principal for a conference to address the student’s absences. The plan to

address the absence problem will be formalized into a written agreement to include the

conditions of the agreement and the consequences for failing to fulfill the requirements of the

agreement.

F. GRADING

A student who is absent from any given class will be permitted to make up major tests and

major assignments if the student has an excused absence. The student must make

arrangements with the teacher(s) on the first day the student returns to class to complete work

missed because of an excused absence. A student will be given an “O” or “F” if the

assignment(s) missed is the result of an “unexcused” absence.

II. CHILD CUSTODY SITUATIONS

A. The parent or guardian shall provide authorization, by note or phone call, for other persons to

take a child from school during the school day.

B. In order for a student to be released to law enforcement officers, one of the following is required:

1. The officer has a warrant.

2. The officer places a student under arrest.

3. The parent or guardian accompanies the officer.

4. The officer has written permission from the parent or guardian.

5. The principal or his/her designee obtains oral permission from the parent or guardian by

telephone. The oral permission shall be documented by the principal or designee.

C. Anytime a student is released from school, the parent or guardian is to be notified as soon as

possible.

D. The parent or guardian must be contacted, if possible, when law enforcement officers’ request

to question a student at school regarding a criminal offense the student may have witnessed or

in which he/she may have participated. If the parent or guardian cannot be contacted, a school

official shall act in loco parentis and observe the interrogation.

E. Parents or guardian will not be notified when law enforcement or social service officials or

designated employees of the Department of Human Services ask to interview a student about

suspected neglect or abuse in the student’s family. A school official shall be present during the

interview. The school official delegated to be present should be the person with whom the

student will be most at ease and least threatened.

F. Any agency other than law enforcement agencies or the Department of Human Services must

have a written administrative or court order directing the school district to give custody to that

agency. Parents should be notified as soon as possible.

G. Both parents of a student are assumed to have equal custodial rights unless a court order

stating otherwise has been presented to school officials. When in doubt, school enrollment

records may be used, as the parents have the burden of furnishing school with accurate, up-to-

date information.

H. A non-custodial parent with visitation rights has the same right to obtain student information as

the custodial parent. Any restriction on this right would have to be documented in a court order.

I. Student information and school records will be released to law enforcement officials, agents of

the court, or Department of Human Services employees if such information is part of an open

case or a current investigation.

J. If testimony by staff members is sought by parents or attorneys, a subpoena shall be required.

K. The transfer of a student between the student’s custodial parent or guardian and non-custodial

parent or guardian is prohibited from taking place on a school campus during normal hours of

school operation (ACA 9-13-104).

III. STUDENT HEALTH

A. Student Health Guidelines

1. It is the responsibility of the parent or guardian to notify the nursing staff or school

personnel in writing of any serious medical condition his or her child may have.

Notification should be made in a timely manner.

2. Parents should not send a student to school who has a fever of 100 degrees or greater.

The student should remain at home until free of fever, without the use of fever reducing

medication, for 24 hours. Most fever is lowest in the morning, rises in the afternoon, and

is highest in the evening.

3. Due to the possibility of choking, no hard candy will be allowed in school.

B. Communicable Diseases and Parasites

1. Students with communicable diseases that could be transmitted in a school environment

should not attend school to diminish the spread of their condition to others. Students

whom the school nurse (or his/her designee) determines are unwell for school

attendance or who are believed to have a communicable disease will be required to be

picked up by their parent or guardian.

Examples include but are not limited to: vomiting two or more times, multiple watery

loose stools, fever greater than 100 degrees, or an undiagnosed rash or skin change. A

student who has been sent home under this policy will subsequently be readmitted, at

the discretion of the school nurse (or his/her designee), 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.

2. When a student is found to have lice, the student will be sent home for treatment that

day. The parent will treat the child and return the child to school the same day or the

following day.

a. Students returning to school after being sent home with lice must be

accompanied by their parent/guardian. The student will be checked for lice prior

to returning to class.

b. Siblings of the student will be checked by the teacher, school nurse, or the

principal’s designee.

c. Depending on the severity of the lice problem, the principal, in consultation with

the school nurse, may decide it is necessary to check an entire classroom or

group of classrooms as well as the siblings of an affected student. All

notifications will respect the privacy and confidentiality of the affected student.

d. The principal or his/her designee will notify parents of children in an affected

classroom of the problem when

i. Three or more children are found to have lice within a two week period in

classrooms with more than 15 students, or

ii. There is one case of lice in a classroom of 15 or fewer students.

e. The principal or his/her designee shall notify the bus driver and/or the

transportation department if the student is transported.

3. Students with suspected scabies must be seen by a health care provider for diagnosis

and/ or treatment. A letter from the health care provider may be required prior to the

student being readmitted to school.

4. Students with evidence of bed bug bites require no treatment. Bed bugs are not known

to spread diseases. (CDC – Jan. 10, 2013)

C. Medication Policy

Medications are generally administered by an Unlicensed Assistive Personnel under the

supervision or direction of a school nurse. Medications are given at school as a courtesy to

parents. Medications not necessary for attendance may be refused and some prescribed

medications may be refused at the nurse’s discretion due to safety issues. The following

requirements are to be met before medication is administered at school:

1. All medications must be stored and administered from the original containers with the

most current, dated labels. The student’s name must be on the prescription label. The

medication label is not to be changed in any way. (Name of child, dosage, and time

given.) Parents are responsible for getting the medications to and from school. Upon

receipt at school, medications will be counted and documented on the Medication

Tracking Form, in the presence of the parent. Both the parent and the nurse or UAP will

sign the Tracking Form to verify medication quantity. An appointment with the nurse is

required to assure the nurse is available to receive medication.

2. A parent must sign medication forms giving school personnel permission for

administering medications to their child. The dosage on the medication container and the

dosage on the medication permission form must be identical.

3. No medication will be given unless it is specifically ordered by the child’s physician to be

given during school hours. Medication ordered to be given 1, 2, or 3 times a day will be

given at home unless specifically ordered to be given during the school day.

4. Morning medications will not be given at school. Parents will be responsible for

administering morning medications prior to their students arriving at school. Exceptions

to this rule must be approved by the Executive Director of Student Services.

5. All pills should be administered with water. The student must swallow the oral

medication in the presence of the adult administering the medication.

6. For Positive Attitude Renewal (PAR), medication(s) will be transported by the parent, for

administration during the school day. The parent will be responsible for transporting the

medication(s) back to the home school. The home school will be responsible for faxing

the supporting documentation to the PAR school nurse.

7. For Field Trips, controlled substances will only be sent for administration if a nurse is

attending the field trip. Medications should be counted before being taken from the

school and then counted again on return to provide accountability for controlled

substances. Administration of medication should be documented on the Medication

Administration Record. Inhalers and Epi-Pens may be sent with the teacher on the field

trip for use while away from school. Those medications will also be signed out on the

Medication Tracking Sheet and signed back in when returned to school.

8. Medications such as inhalers and auto-injectable epinephrine may be kept with the

student provided that all district guidelines and state requirements (ACA 6-18-707) are

met as stated in the inhaler and auto-injectable polices. Non-prescription inhalers will not

be allowed at school without a written doctor’s order. Stock epinephrine is only available

if a doctor prescribes it for the district.

9. The school system is not responsible for reactions caused by medications that are

properly administered.

10. If questions concerning a medication arise, school personnel have the right to call the

doctor/pharmacist regarding medications. The parent/guardian will be notified.

11. Due to the possibility of choking hazards, no cough drops, throat lozenges, or medicated

suckers will be given at school.

12. Narcotic medications such as cough syrups with codeine and pain medications will not

be given at school. With a written doctor’s order, non-aspirin products may be given for

pain management. The doctor’s order must be for a specified and appropriate length of

time.

13. Stock Narcan (Naloxone HCL) may be kept for treatment of suspected opioid overdose.

See Narcan protocol.

14. All medications should be kept in a locking cabinet in the office to be administered by the

Unlicensed Assistive Personnel or School Nurse. Controlled substances should be kept

in a double locking cabinet and counted once a month, and as needed. This count

should be documented on the Medication Administration Tracking sheet and monthly

report form maintained in the central nursing office with discrepancies noted and

reported to the Lead Nurse and Fort Smith Police Department, if deemed necessary.

Only the licensed nurse will administer controlled substances at school.

15. With written permission from the parent/guardian, inhalers and epi-pens may be sent

home with the students at the parent’s request or at the end of the school year.

Controlled substances must be picked up by the parent at the end of the school year.

Any controlled substances remaining on the last day of school will be sent to the Fort

Smith Police Department for destruction.

16. 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 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.

D. Asthma Inhalers

Students may carry and use an inhaler while in school, at on-site school activity, or at an off-site

school sponsored activity provided the following provisions are met:

1. The parent/guardian of a student who needs to carry an asthma inhaler shall provide

Fort Smith Public Schools with written permission for the student to carry the inhaler for

use while in school.

2. This permission shall be for the current school year, while attending Fort Smith Public

Schools.

3. The parent or guardian shall provide Fort Smith Public Schools the following

documentation:

a. Doctor’s order for inhaler or a prescription label.

b. Written doctor’s order specifying that the student may carry the inhaler on his/her

person.

4. All medical documentation listed above, including applicable healthcare plan, shall be

kept in the medication binder to be used in the event of an emergency.

5. The parent or guardian shall provide a student’s asthma inhaler.

6. The student shall demonstrate the skill and responsibility necessary to use the asthma

inhaler to the person writing the prescription and the school nurse, when available.

7. Students with asthma are not required to carry asthma inhalers on his/her person. The

parent or guardian may provide an asthma inhaler for the student to use while at school.

The inhaler shall be kept in a locked cabinet until needed.

8. A student is prohibited from sharing his/her inhaler with any other person.

9. Fort Smith Public School District and district employees shall not be liable for injury to a

student caused by his or her use of a prescription inhaler.

E. Auto-injectable Epinephrine

Students may carry and use auto-injection epinephrine while in school, at on-site school activity,

or at an off-site school sponsored activity provided the following provisions are met.

1. The parent or guardian of a student who needs to carry auto-injection epinephrine shall

provide Fort Smith Public Schools with written permission for the student to carry auto-

injection epinephrine on his/her person for use in school.

2. This permission shall be for the current school year, while attending Fort Smith Public

Schools.

3. The parent or guardian shall provide Fort Smith Public Schools the following

documentation:

a. Doctor’s order for auto-injection epinephrine or a prescription label.

b. Written doctor’s order specifying that the student may carry the auto-injection

epinephrine on his/her person.

4. The school nurse for each District school shall keep epinephrine auto-injectors on hand

that are suitable for the students the school serves provided that a licensed doctor

provides a prescription to the district to possess and maintain these products. 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. The parent or guardian shall provide a

student’s auto-injection epinephrine.

5. All medical documentation listed above, including applicable healthcare plan, shall be

kept in the medication binder to be used in the event of an emergency.

6. The student shall demonstrate the skill and responsibility necessary to use the auto-

injection epinephrine to the person writing the prescription and the school nurse, when

available.

7. Students are not required to carry auto-injection epinephrine on his/her person. The

parent or guardian may provide an auto-injection epinephrine for the student to use while

at school. The auto-injectable epinephrine shall be kept in a locked cabinet until needed.

8. A student is prohibited from sharing his/her auto-injectable epinephrine with any other

student.

9. Fort Smith Public School District and district employees shall not be liable for injury to a

student caused by his or her use of an auto-injectable epinephrine.

F. Emergency Administration of Albuterol

The school nurse or other school employees designated by the school nurse as a care provider

who have been trained and certified by a licensed physician, advanced practice registered

nurse, or physician assistant may administer albuterol in emergency situations to students who

have an IHP that provides for the administration of albuterol 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 albuterol to

administer albuterol to the student when the employee believes the student is in perceived

respiratory distress.

The school nurse for each District school shall keep albuterol on hand. 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, advanced practice registered nurse, or physician assistant

may administer albuterol to those students who the school nurse, or other school employee

certified to administer albuterol, in good faith professionally believes is in perceived respiratory

distress.

G. Emergency Administration of Anti-Opioid

The school nurse for each District school shall keep anti-opioid injectors on hand. The school

nurse and school resource officer shall possess an anti-opioid at all times when on duty. The

school nurse, other 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 observer,

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.

H. Emergency Administration of Emergency Adrenal Insufficiency Medication

The school nurse, volunteer public school employee, or other school employees designated by

the school nurse as a care provider who have been trained ,certified by a licensed physician,

and authorized by the parent or legal guardian, may administer an injectable emergency dose

medication in emergency situations to students who have an IHP that provides for the

administration of an injectable emergency dose medication 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 an injectable

emergency dose medication to administer an injectable emergency dose medication to the

student when the employee believes the student is having 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 an emergency injectable dose of the

student’s medication. This emergency injectable dose will be used in the event the school

nurse, or other public school employee certified to administer an injectable emergency dose

medication, in good faith professionally believes the student is having an adrenal crisis due to

adrenal insufficiency.

I. 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.

J. Immunization Requirements for Kindergarten Through Grade Twelve

(Reference Immunization Checklist - p. 72)

1. Except as otherwise provided in law or regulation, no child shall be admitted to a public

or private school of this state who has not been immunized against poliomyelitis,

diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, mumps, hepatitis B,

hepatitis A, meningococcal disease, and varicella (chickenpox) as evidenced by a

certificate of a licensed physician or a public health department acknowledging the

immunization.

2. The requirements for entry into school are:

Kindergarten: At least four doses of Diphtheria/Tetanus/Acellular Pertussis (DTaP)

Diphtheria/Tetanus/Pertussis (DTP), Diphtheria/Tetanus (DT pediatric) vaccine; at least three

doses of Polio vaccine; two doses of MMR (measles, mumps, and rubella) vaccine; three doses

of Hepatitis B vaccine; one dose of Hepatitis A; and two doses of Varicella (chickenpox)

vaccine. A medical professional’s [medical doctor, advanced practiced nurse, doctor of

osteopathy, or physician assistant] history of disease may be accepted in lieu of receiving

Varicella vaccine. No self or parental history of varicella disease will be accepted. Exception: If a

student has previously received two doses of measles, one dose of mumps, and one dose of

rubella before January 1, 2010 the doses will be accepted as compliant to immunization

requirements and 2 MMR’s are not required.

1st through 12th grade: At least three or four doses of Diphtheria/Tetanus/Acellular Pertussis

(DTaP), Diphtheria/Tetanus/Pertussis (DTP), Diphtheria/Tetanus (DT pediatric), Tetanus/

Diphtheria (Td-adult) or Tetanus/Diphtheria/Acellular Pertussis (Tdap) and one dose of Tdap for

ages 11 years (as of September 1st each year and older or three doses for unvaccinated

persons 7 years of age or older (including persons who cannot document prior vaccination); at

least three doses of Polio vaccine; two doses of MMR (measles, mumps, and rubella) vaccine;

two or three doses of Hepatitis B vaccine; one dose of Hepatitis A for First Grade; two doses of

Varicella (chickenpox) vaccine; and one or two doses of Meningococcal vaccine with one dose

for 7th grade and a second dose of Meningococcal vaccine at age 16 years (as of September

1st each year). A medical professional’s [medical doctor, advanced practiced nurse, doctor of

osteopathy, or physician assistant] history of disease may be accepted in lieu of receiving

Varicella vaccine. No self or parental history of varicella disease will be accepted. Exception: If a

student has previously received two doses of measles, one dose of mumps, and one dose of

rubella before January 1, 2010 the doses will be accepted as compliant to immunization

requirements and 2 MMR’s are not required.

K. Every child must have received all of the vaccines, or show proof that they have a letter from the

Arkansas Department of Health approving serology as proof of immunity in order to continue

attendance in a public or private school.

L. A facility may temporarily admit a child provided that the child becomes appropriately

immunized, is in process of receiving the needed doses of vaccine, or shows proof that he or

she has applied for an exemption for those vaccines he or she has not received within thirty (30)

program days after the child’s original admission. In process may only be verified with a paper

copy of a scheduled appointment from a health care provider who will administer the needed

immunizations. Any student without all required immunizations (or approved serology) may be

excluded from school in the event his or her health is jeopardized by a communicable disease

outbreak.

M. School officials are required to evaluate the immunization status of all children in their facilities.

N. Student Well-Being: Emotional

Fostering the health and well-being of all students in a nurturing and respectful learning

community is fundamentally important. Fort Smith Public Schools use research based education

Social Emotional Learning (SEL) curriculums coupled with research based suicide prevention

curriculums and suicide prevention administrative protocols to create a comprehensive K-12

network of growth and support.

• School counselors and administrators serve as a point of contact for students/families in

crisis. These school leaders will refer the student and their family to appropriate

resources.

• When a student exhibits signs of potential concern for safety, the student will be referred

to a school counselor or administrator who will work with the student and, if warranted,

help connect them and their parents or guardians with appropriate resources.

• Students have access to resources which they can use to contact additional support

through the counseling link within the Fort Smith Public Schools’ website such as:

The National Suicide Prevention Lifeline

Call 988 or text HOME to 741741

www.suicidepreventionlifeline.org

FSPS Safe School Helpline

Anonymous tip line and trained crisis counselor

800-418-6423

• All students are encouraged to tell a teacher, counselor, administrator, or any adult if

they, or a peer, are feeling suicidal or in need of help.

• Students should also know that because of the life or death nature of these matters,

confidentiality or privacy concerns are secondary to seeking help for students in crisis.

O. Kindergarten Physicals

All enrolling Kindergarten students must furnish evidence of a physical performed within the last

2 years administered by a licensed physician or a registered nurse qualified to conduct

screening examinations. (ACA 6-15-202 and ACA 6-18-701)

P. Hearing and Vision Screening

All children in prekindergarten (pre K), kindergarten (K), grades one (1), two (2), four (4), six (6),

eight (8) transfer students and students by teacher or parent request shall receive a hearing,

eye and vision screening. The intent is to detect defects in hearing and vision which may

adversely affect the student’s ability to achieve his/her potential. If a student fails the screening,

a rescreening will be done. If the student fails the second screening, the parent/guardian will be

notified of the possible need for further evaluation.

Medicaid will be filed, when applicable, for hearing and vision screenings conducted by the

District. Your student’s confidential information cannot be disclosed without your consent. Under

the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities

Education Act (IDEA). Parental consent must be obtained before the school district discloses

your student’s personally identifiable information to the Department of Human Services, Division

of Medical Services, Medicaid, or Medicaid billing agencies for the purpose of billing for

Medicaid reimbursement.

The personally identifiable information that may be disclosed could include: student's name,

date of birth, social security number, Medicaid ID, disability, Individual Education Plan (IEP),

and evaluations, type of service(s), times and date(s) service(s) were delivered, and progress

notes.

Parents may object to allowing the District to seek Medicaid reimbursement for hearing and

vision screenings by contacting your school nurse.

A.C.A. § 6-18-1501

Q. Body Mass Index

All children in kindergarten and even-numbered grades up through 10th grade will have a body

mass index screening. A report of this screening will be made available to the parent/ guardian

during the year the child was screened. Any parent/guardian may refuse to have his or her

child’s body mass index screened by providing a written refusal to the school. (ACA 20-7-135)

R. Scoliosis

All girls in 6th grade and all boys and girls in 8th grade will be screened for scoliosis. If the

student fails the screening, a report will be sent home to the parent/guardian for follow-up with

their physician or an orthopedic physician. A child may only be excluded from the screening if it

is against their religious beliefs and the parent sends a written statement to the school prior to

the screening. (ACA 20-15-801 & ACA 20-15-803)

IV. NUTRITIONAL GUIDELINES

The Arkansas Department of Elementary and Secondary Education has enacted rules related to

nutrition standards for Arkansas Public Schools. These rules limit the availability of certain foods and

practices on school campus during the school day.

PROHIBITED PRACTICES:

A. Elementary Schools may not serve or provide access to food other than meals provided by the

school-lunch program.

B. Secondary Schools may not serve or provide access to food other than meals provided by the

school lunch program until thirty minutes after the last lunch period. (Current beverage vending

contracts are exempt to this rule.)

C. Schools may not use food as a reward.

D. Schools are limited in the sale of extra food to students; extra foods that may be purchased

include: milk, fresh fruit, vegetables or a complete extra meal.

E. Schools may not sell or give away extra servings of dessert, French- fries and/or ice cream.

F. Parents may not provide food/beverage items to other children at school. This means that

it is not permissible for parents to provide birthday or other treats for their children’s classroom.

ALLOWABLE PRACTICES:

A. Schools can provide snacks in pre-K and in Kindergarten as long as the snacks meet nutrition

guidelines.

B. Parents have the right to provide any food or beverage they desire for their child only.

C. Food can be used during a lesson when it has an instructional purpose and value; for example,

using cubes of cheese to teach fractions.

D. Schools may provide any food and/or beverages for up to nine different school events each year

as determined and approved by school officials. All food and beverages served during the “9

Special Event Days” must be commercially prepared and packaged by establishments

subjected to Arkansas Department of Health Food Establishment Rules and Regulations

(homemade foods and foods prepared by parents are prohibited).

Note: The nutrition guidelines do not apply to students with special needs when indicated in the

student’s IEP. Nor do these guidelines apply to school nurses when providing health care to students.

You may contact the school office or access the Arkansas Department of Elementary and Secondary

Education website at http://www.arkansased.gov/divisions/child-nutrition-unit/guidance for a complete

set of the rules related to nutrition standards.

Special Dietary Needs/Food Substitutions

Students with special dietary needs will be accommodated based on a physician’s diet prescription.

Food substitutions are available for medical reasons only. If school menus fail to offer choices

consistent with personal dietary preferences, parents should assume responsibility for preparing the

student’s meals.

Special dietary needs forms are available at school offices and on the Child Nutrition Department web

site at www.fortsmithschools.org

Meal Accounts and Refunds

Meal accounts can be managed with a convenient, secure Titan meal payment account.

To open a meal payment account from the Fort Smith Public Schools web site, choose the School

Menus tab on the right, then click on the Titan logo. After registering, choose Link Student, then provide

your child’s name, date of birth, school and grade. The final step is to fund the account.

Meal accounts have a $10.00 credit limit. Account balances at the end of the school year will be carried

forward to the next school year. Account refunds are available to seniors and students no longer

enrolled at FSPS.

Free or reduced price meal applications are always available in the school office.

V. PARENTAL INVOLVEMENT (ACA 6-15-1702)

The District acknowledges that parents play an integral role in assisting student learning and that the

parent is a full partner in the decisions that affect his or her child and family. Each public school district

and each public school within its boundaries, in collaboration with parents, will establish a parental

involvement plan, including programs and practices that enhance parental involvement and reflect the

specific needs of students and their families.

The parental involvement program in each school will involve parents of students at all grade levels in a

variety of roles, be comprehensive and coordinated in nature, and recognize that communication

between home and school should be regular, two-way, and meaningful. To encourage communication

with parents, the school shall prepare an informational packet to be distributed annually to the parent of

each child in the school, appropriate for the age and grade of the child. The school may plan and

engage in other activities determined by the school to be beneficial to encourage communication with

parents. The school will make efforts to promote and support responsible parenting.

Parents who have concerns about the school and/or their student’s education should conference with

the classroom teacher to try to address solutions. If a solution is not forthcoming, the parent should

conference with the building principal or assistant principal to work toward a solution.

The Board of Education believes that all students benefit when the relationship between the home and

school is strengthened. Therefore, the Board encourages families to participate in PTA activities and

other school functions that strengthen those bonds.

If you have questions regarding the professional qualifications of your child’s teachers or

paraprofessionals, you are encouraged to ask the Assistant Superintendent for Human Resources and

Campus Support.

Le invitamos a que hable con la si usted tiene alguna pregunta sobre las capacitaciones profesionales

de los maestros o asistentes de maestros de sus hijos.

V. Participación de los Padres de Familia (ACA 6-15-1702)

El Distrito reconoce que los padres de familia tienen un papel fundamental apoyando el aprendizaje de

los estudiantes y que ellos participan de forma equitativa en las decisiones que afectan a sus hijos y a

su familia. Cada distrito escolar y cada escuela pública dentro de su zona, en asociación con los

padres, establecerán un plan de participación de padres de familia, incluyendo programas y prácticas

que fortalezcan su participación y reflejen las necesidades específicas de los estudiantes y sus

familias.

El programa para la participación de padres de familia en cada escuela involucrará a los padres de los

estudiantes de todos los grados en una variedad de capacidades, será integrado y coordinado y

reconocerá que la comunicación entre el hogar y la escuela debe ser regular, bidireccional y

significativa. Para fomentar la comunicación con los padres, la escuela debe preparar un paquete

informativo para distribuir anualmente a los padres de cada niño en la escuela, el cual será apropiado

según la edad y el grado del niño. La escuela pueda planear y realizar otras actividades que hayan

sido determinadas beneficiosas para fomentar la comunicación con padres. La escuela intentará

promocionar y apoyar la crianza responsable de los niños.

Los padres que tengan preocupaciones sobre la escuela y/o la educación de su estudiante deben pedir

una conferencia con el maestro de la clase para intentar encontrar soluciones. Si no se encuentra una

solución, los padres deben tener una conferencia con el director de la escuela o con el asistente del

director para trabajar en una solución.

El Consejo Directivo de Educación cree que todos los estudiantes se benefician cuando la relación

entre el hogar y la escuela es fortalecida. Por lo tanto, la Junta Directiva de Educación exhorta a todas

las familias a participar en las actividades de la Asociación de Padres y Maestros (PTA por sus siglas

en inglés) y otros eventos escolares que fortalecen esos vínculos.

Si usted tiene preguntas con respecto a las cualificaciones profesionales de los maestros o

paraprofesionales de su hijo, debe comunicarse con el Asistente del Superintendente del

Departamento de Recursos Humanos y Servicios de Apoyo.

VI. ACADEMIC POLICIES

A. Grading System

The issuance of grades on a regular basis serves to promote a process of continuous evaluation of

student performance to inform the student, his or her parent/guardian and counselor of progress toward

established educational goals.

Letter grades will be used to denote academic achievement except at kindergarten where a check mark

system will be employed. At Grades 1-12, the letters “A, B, C, D, and F” will be used according to the

following numerical percentage equivalents:

A = 90-100 B = 80-89 C = 70-79 D = 60-69 F = 0-59

These grade assignment standards shall be used in all regular classes in all District schools. Special

symbols and terms appropriate to special programs may be used to indicate student progress.

Exceptional students shall be graded in accordance with their Individualized Education Program and

current guidelines.

Permanent grades will be issued on a yearly basis at the elementary level and on a semester basis at

the secondary level. Grades assigned to students for performance in a course shall reflect only the

extent to which a student has achieved the expressed academic objectives of the course. Grades that

reflect other educational objectives may also be given.

Student progress is reported to parent/guardian 4 times each year. These reports are distributed a few

days after the close of each 9-week period. Supplementary notes of commendation, suggestions for

improvement, parental conferences, meetings and similar means of keeping in touch with a

parent/guardian are emphasized.

B. Smart Core Curriculum and Course of Study (UPDATE IN 2023-2024 PENDING RULES

RELEASE FROM ARKANSAS DIVISION OF ELEMENTARY AND SECONDARY

EDUCATION)

In order to ensure that every child has access to a rigorous curriculum, the Smart Core Curriculum and

Core Curriculum will be standard components of the required course of study to graduate from

Arkansas public schools.

All students will participate in the Smart Core Curriculum unless the parent or guardian waives a

student’s right to participate. In order to waive a student’s right to participate in the Smart Core

Curriculum, the parent must sign the separate Smart Core Waiver Form. In the case of a waiver, the

student will be required to participate in Core Curriculum.

As parents, students, and the school collaboratively develop a unique Student Success Plan during a

student’s 8

grade year the specifics of both the Smart Core Curriculum and Core Curriculum will be

explained. Parents will be provided the Smart Core Curriculum, as well as the option of waiving Smart

Core and thus electing the Core Curriculum. When appropriate, these curricular provisions will be

reviewed and revised through Grade 12.

Parents may be informed of their curricular choices through counselor meetings, parent teacher

conferences, PTA, newsletters, student handbook, etc.

Parents will be provided the option of changing from the Smart Core Curriculum to Core Curriculum by

contacting the building principal in writing. Requests will be honored only if the student can complete

the newly selected course of study by the end of their senior year.

Appropriate school personnel including teachers, counselors, and administrators will be informed and

trained about the provisions of this policy.

The following courses of study are consistent with the Core and Smart Core Curriculums:

(UPDATE IN 2023-2024 PENDING RULES RELEASE FROM ARKANSAS DIVISION OF

ELEMENTARY AND SECONDARY EDUCATION)

CORE CURRICULUM COURSE OF STUDY

CLASS OF 2016 AND AFTER

English – 4 units

• English 9th grade

• English 10th grade

• English 11th grade

• English 12th grade

Mathematics – 4 units (or 3 units of math and 1 flex unit of Computer Science*)

• Algebra I (or Algebra A & Algebra B - each may be counted as one unit of the 4 unit

requirement)

• Geometry (or Geometry A & Geometry B - each may be counted as one unit of the 4 unit

requirement) (All math units must build on the base of algebra and geometry knowledge and

skills.)

Science – 3 units (or 2 units with lab experience and 1 flex unit of Computer Science*)

• At least 1 unit of Biology

• At least 1 unit of Physical Science, Chemistry, and/or Physics

(All students must have 1 unit in Biology, IB Biology, ADE Biology, ADE Approved Biology

Honors, or Concurrent Credit Biology.)

Social Studies – 3 units

• Civics -1⁄2 unit

• World History - 1 unit

• U.S. History - 1 unit

• Economics or other social studies – 1⁄2 unit

Oral Communications – 1⁄2 unit Physical Education – 1⁄2 unit Health and Safety – 1⁄2 unit

Economics – 1⁄2 unit (may be counted toward Social Studies or Career Focus)

Fine Arts – 1⁄2 unit

Career Focus – 6 units

*Computer Science – (flex unit) A unit of Computer Science and Mathematics, Essentials of Computer

Programming, AP Computer Science, or IB Computer Science may replace the 4th math unit

requirement or the 3rd Natural Science Requirement. Two distinct units of the computer science

courses listed above may replace the 4th math unit requirement and the 3rd Natural Science

Requirement. If the 4th Math requirement and the 3rd Natural Science requirement have been met

through other coursework, any of the computer science courses listed above may be used for career

focus credit.

(Comparable concurrent credit may be substituted where applicable.)

Beginning with the entering 9th grade class of 2014 – 2015 school year, each high school

student shall be required to take at least one digital learning course for credit to graduate. (Act

1280 of 2013)

(UPDATE IN 2023-2024 PENDING RULES RELEASE FROM ARKANSAS DIVISION OF

ELEMENTARY AND SECONDARY EDUCATION)

SMART CORE CURRICULUM COURSE OF STUDY

CLASS OF 2016 AND AFTER

English – 4 units

• English 9th grade

• English 10th grade

• English 11th grade

• English 12th grade

Mathematics – 4 units (or 3 units of math and 1 flex unit of Computer Science*)

At least one MATH unit must be taken in Grade 11 or Grade 12.

• Algebra I (or Algebra A & Algebra B - Grades 7-8 or 8-9)

• Geometry (or Geometry A & Geometry B - Grades 8-9 or 9-10)

• Algebra II

• Fourth Math - Advanced Topics and Modeling in Mathematics, Algebra III, Calculus, Computer

Science and Mathematics, Linear Systems and Statistics, Mathematical Applications and

Algorithms, Pre- Calculus, or an Advanced Placement mathematics - Comparable concurrent

credit college courses may be substituted where applicable.

Natural Science – 3 units with lab experience chosen from the list below (or 2 units with lab

experience and 1 flex unit of Computer Science*)

• Biology

• Physical Science, Chemistry, and/or Physics

(All students must have 1 unit in Biology, IB Biology, ADE Biology, ADE Approved Biology

Honors, or Concurrent Credit Biology.)

Social Studies – 3 units

• Civics -1⁄2 unit

• World History - 1 unit

• U.S. History - 1 unit

• Economics or other social studies – 1⁄2 unit

Oral Communications – 1⁄2 unit Physical Education – 1⁄2 unit Health and Safety – 1⁄2 unit

Economics – 1⁄2 unit (may be counted toward Social Studies or Career Focus)

Fine Arts – 1⁄2 unit

Career Focus – 6 units

*Computer Science – (flex unit) A unit of Computer Science and Mathematics, Essentials of

Computer Programming, AP Computer Science, or IB Computer Science may replace the 4th math unit

requirement or the 3rd Natural Science Requirement. Two distinct units of the computer science

courses listed above may replace the 4th math unit requirement and the 3rd Natural Science

Requirement. If the 4th Math requirement and the 3rd Natural Science requirement have been met

through other coursework, any of the computer science courses listed above may be used for career

focus credit.

Beginning with the entering 9th grade class of 2014 – 2015 school year, each high school

student shall be required to take at least one digital learning course for credit to graduate. (Act

1280 of 2013)

C. Homework and Independent Study Skills

Homework should be an integral part of the instructional program and a means by which students are

provided extended time to master learning concepts and objectives. Homework should be a positive

experience and provide students the opportunity to:

● Reinforce the concepts taught in class and/or lesson preparation.

● Manage learning time away from the school setting.

● Involve other adults in helping students learn.

● Inform the parents of the learning activities provided during the school day.

● Develop independent study habits, skills, and responsibilities.

● Division of average amounts of homework per week shall be left to the discretion of the

building principal and classroom teacher.

● Inter-departmental planning and coordination shall be necessary for long-range

assignments such as research papers, science projects, television assignments, etc.

● For Grades K-5, homework will not be used as a grade to help determine the final grade.

o K-3 homework should be no more than 30 minutes per day.

o 4-5 homework should be no more than 45 minutes per day.

● For Grades 6-12, each teacher should advise students how and the extent to which

homework will be used in determining final grades.

Homework is considered to be part of the educational program of the District. Assignments shall be an

extension of the teaching/learning experience that promotes the student’s educational development.

As an extension of the classroom, homework must be planned and organized and should be viewed by

the students as purposeful.

Teachers should be aware of the potential problem students may have completing assignments from

multiple teachers and vary the amount of homework they give from day to day.

D. School Reporting of Students’ Performance

Teachers shall communicate personally during the school year with the parent/guardian of students to

discuss academic progress. Elementary school teachers shall meet with the parent/guardian at least

once a semester through a face-to-face parent/teacher conference or a telephone conference.

Secondary school teachers shall meet with the parent/guardian of each student at least once during the

school year through a face-to-face parent/teacher conference or telephone conference. Teachers will

communicate more frequently with the parent/guardian of students not performing at the level expected

for their grade. If a student is to be retained at any grade level, notice of retention and the reasons for

retention shall be communicated promptly in a conference.

The school shall document parent/guardian participation or nonparticipation in required conferences.

E. Student Promotion and Retention

Promotion in the elementary school is by grade level on an annual basis. Students who are retained will

be required to repeat the entire grade level the following school year. If a deficiency of at least one full

year exists in both literacy and mathematics for students in K-5, the school’s Retention Committee may

consider retention. The parents or guardians of any student who is to be retained at any grade level (K-

5) shall be given written notice for possible retention in writing no later than the spring parent/teacher

conference. If a student enrolls after the spring parent/teacher conference, a written notice will be given

as soon as possible regarding possible retention.

To be promoted in middle school and to ninth grade, a student must earn at least three total units of

credit from the following 4 courses: English, math, social studies and science over the course of each

school year.

High school students (9 -12) must have completed the following number of credits in order to be

classified as:

● Sophomore - Five and one half (5.5) credits

● Juniors - Eleven (11) credits

● Seniors - Sixteen and one half (16.5) credits

Credits may be denied to a student in grades 9-12 when a student has more than 15 days of total

absences in a semester. Excessive absences may be a basis for denial for promotion or graduation.

If there is doubt concerning the promotion or retention of a student or his/her required retaking of a

course, a conference shall be held before a final decision is made that includes the following

individuals:

a. The building principal or designee;

b. The student’s teacher(s);

c. School counselor;

d. A 504/special education representative (if applicable); and

e. The student’s parents, legal guardians, persons having lawful control of the student, or

persons standing in loco parentis.

The 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. If the

conference attendees fail to agree concerning the student’s placement or receipt of course credit, the

final decision shall rest with the principal or the principal’s designee.

F. State Mandated Testing and Student Academic Improvement Plans

The State of Arkansas requires that each student in grades three (3) through ten (10) shall participate

in criterion-referenced exams. Each student identified as not meeting the satisfactory pass levels in

their immediate previously administered assessment shall have an Individual Academic Improvement

Plan (AIP) developed and shall participate in remediation activities as required in the plan.

Any student who fails to pass the assessment and who fails to participate in the subsequent academic

improvement plan shall not be promoted to the next appropriate grade until:

1. The student is deemed to have participated in an academic improvement plan/or

2. The student passes the assessment for the current grade level in which the student is

retained.

The Arkansas Department of Elementary and Secondary Education may determine that an

individualized education program (IEP) for a student with disabilities identified under the Individuals with

Disabilities Education Act, meets the requirements of the individualized AIP that addresses one (1) or

more academic areas in which the student is not proficient on state-mandated exams.

VII. STUDENT RECORDS

A. Rights to Privacy

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of

age (eligible students) certain rights with respect to the student’s education records. The student’s right

to privacy regarding school records will be protected, and any disclosure of information from a student’s

permanent record shall serve legal and/or educational needs. Access to a student’s records is available

to authorized school officials, parent/guardian(s) and officials of other schools in which the student

seeks or intends to enroll. A school official is a person employed by the School as an administrator,

supervisor, instructor, or support staff member; 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 or student serving on an official committee, such as a

disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A

school official has a legitimate educational interest if the official needs to review an education record in

order to fulfill his or her professional responsibility.

A parent/guardian(s) or eligible student has the right to inspect and review the student’s education

records within 45 days of the day the school receives a request for access. Parents or eligible students

should submit to the school principal [or appropriate school official] a written request that identifies the

record(s) they wish to inspect. The school official will make arrangements for access and notify the

parent or eligible student of the time and place where the records may be inspected.

Parents or eligible students may ask the school to amend a record that they believe is inaccurate. They

should write the school principal [or appropriate school official], clearly identify the part of the record

they want changed, and specify why it is inaccurate. If the school decides not to amend the record as

requested by the parent of eligible student, the school will notify the parent or eligible student of the

decision and advise them of their right to a hearing regarding the request for amendment. Additional

information regarding the hearing procedure will be provided to the parent or eligible student when

notified of the right to a hearing.

Access to transcripts of a student’s record may be made available to persons or agencies outside the

school provided written consent is given by a parent/guardian or eligible student. Student records will

be furnished in compliance with judicial orders or pursuant to any lawfully issued subpoena. A written

record will be kept of all persons requesting and seeing student records.

The Fort Smith School District maintains written and electronic student records. The principal is the

person in charge of each building and has a copy of this policy which a parent/guardian may examine.

Comments found on records which are inaccurate, misleading or inappropriate may be removed from

the file. School officials will not change grades, test scores, attendance records or other objective data.

It is the right of the parent(s) to file a complaint with the U.S. Department of Education concerning

alleged failures by the School District to comply with the requirements of FERPA. The website for

FERPA is https://www.ed.gov/category/keyword/ferpa. The name and address of the Office that

administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education • 400 Maryland Avenue, SW • Washington, DC 20202

B. Directory Information

The Fort Smith School District has designated certain personally identifiable information contained in

student records which would not generally be considered harmful or an invasion of privacy, if disclosed

as directory information. High schools routinely disclose directory information to military recruiters upon

request. Directory information may be released without prior notice unless a written refusal has been

given to the building principal or the Executive Director of Student Services objecting to such release.

Directory information shall include, but is not limited to, student’s name, address, telephone listing,

parent/guardian, date and place of birth, participation in officially recognized activities and sports,

weight and height of members of athletic teams, degrees and awards received, dates of attendance,

last school attended and grade level classification.

Written objection to directory information release must be made within the first ten days of each

academic year or within ten days of enrollment, whichever is later.

C. Non-Custodial Parent Access to Records

Under Arkansas law a non-custodial parent with visitation rights has the right to access all student

records that are available to the custodial parent unless the right is specifically limited by the court. Both

parents are assumed to have equal custodial rights unless a court order stating otherwise has been

presented to school officials. The parents have the burden of furnishing the school with current court

orders.

D. Student Surveys

The Protection of Pupil Rights Amendment (PPRA) affords parents certain rights regarding the conduct

of surveys, collection and use of information for marketing purposes, and certain physical exams.

These include the right to:

1. Consent before students are required to submit to a survey that concerns one or more of

the following protected areas (“protected information survey”) if the survey is funded in

whole or in part by a program of the U.S. Department of Education (ED):

a. Political affiliations or beliefs of the student or student’s parent;

b. Mental or psychological problems of the student or student’s family;

c. Sex behavior or attitudes;

d. Illegal, anti-social, self-incriminating, or demeaning behavior;

e. Critical appraisals of others with whom respondents have close family relationships;

f. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;

g. Religious practices, affiliations, or beliefs of the student or parents; or

h. Income, other than as required by law to determine program eligibility.

2. Receive notice and an opportunity to opt a student out of:

a. Any other protected information survey, regardless of funding;

b. Any non-emergency, invasive physical exam or screening required as a condition of

attendance, administered by the school or its agent, and not necessary to protect the

immediate health and safety of a student, except for hearing, vision, or scoliosis

screenings, or any physical exam or screening permitted or required under State law;

and

c. Activities involving collection, disclosure, or use of personal information obtained from

students for marketing or to sell or otherwise distribute the information to others.

3. Inspect, upon request and before administration or use:

a. Protected information surveys of students;

b. Instruments used to collect personal information from students for any of the above

marketing, sales, or other distribution purposes; and

c. Instructional material used as part of the educational curriculum.

These rights transfer from the parents to a student who is 18 years old or an emancipated minor under

State law. Parents who believe their rights have been violated may file a complaint with:

Family Policy Compliance Office

U.S. Department of Education 400 Maryland Avenue, SW

Washington, D.C. 20202-5901

E. Destruction of Records

No school records of a permanent nature shall be destroyed by the principal, teacher, or other

employee unless permission has been received from the Superintendent of Schools.

Students’ transcripts, permanent records, immunization records, and students’ cumulative records are

to be considered in this category. Teachers’ record books and teachers’ nine-weeks reports are

considered of a semi-permanent nature and should be preserved for a period of five years.

VIII. CO-CURRICULAR AND EXTRACURRICULAR ACTIVITIES

The Board of Education believes that student activities sponsored by the Fort Smith School District are

a vital part of the total educational program and should be used as a means of developing wholesome

attitudes and good human relations, as well as knowledge and skills. The Board further recognizes that

not all of the District’s goals and objectives can be met in formal classroom study. Therefore, the

District’s program of co-curricular and extracurricular programs will provide opportunities for student

participation in activities designed to meet their leisure, recreational, social and emotional interests and

needs. Co-curricular and extracurricular activities will be defined as those organized, supervised and

conducted under the auspices of the School District or any element thereof which primarily involve

students in other than a classroom situation and which are not part of a course of study. These

activities will provide for individual, small group and/or student body participation. Activities in this

classification may include, but will not be limited to, intramural sports, clubs, athletic teams, spirit

groups and interscholastic adjuncts to music or academic courses conducted outside the classroom.

The following are examples of activities governed by this policy:

• Student government and its related activities and organizations;

• Musical festivals or contests, speech contests, debates or drama activities;

• Organized activities which are part of intramural or interscholastic athletics;

• All types of interscholastic competition; and

• Special interest clubs or service organizations.

Any K-12 student is eligible for, or may participate in, extracurricular activities, including field trips,

unless excluded for disciplinary or attendance reasons. Refusal 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

or do not attend school on the dates of the assessment or make-up days, or for failure to meet

designated activity qualifications.

The Board further believes that any program of student activities should be governed by the following

guideposts:

• Although student participation is on a voluntary basis, all students should be encouraged to

participate in one or more student activities in order to realize the benefits of involvement and

participation;

• Student participation will be based upon interest and qualifications without regard to race, sex,

religion, disability or national origin;

• Financial support for student activities will be provided utilizing the resources which may include

fund raising, parent organizations, gate receipts or other available resources; and

• Participation in student activity programs is designed to develop a sense of involvement, pride,

responsibility and teamwork consistent with the mission of the Fort Smith School District.

• Student activities will be scheduled so as to minimize interference with the academic program of

each school. Each principal will monitor student activities in order to avoid excessive

encroachment upon instructional time.

Responsibility for oversight of student activities will rest with the Superintendent of Schools and other

administrative and teaching personnel who are assigned to coordinate the various programs. The

Director of Athletics and Student Activities will provide District-level coordination in cooperation with

building principals with regard to allocation of resources, scheduling and administrative policy

application.

Reference: ASBA model policies

IX. ELIGIBILITY FOR ATHLETIC COMPETITION

A student’s eligibility for interscholastic athletics shall be in the public school district of the parent’s

residence in accordance with applicable residence rules. Eligibility for specific Fort Smith School

attendance zones will be governed by the current attendance and transfer policies of the Fort Smith

School District.

In District Transfers

A student who chooses to transfer schools within the district and who is entering the seventh, eighth,

ninth, tenth, eleventh, or twelfth grade will lose athletic eligibility for that school year unless the student

attended the receiving school the entire previous year. In exception to the previous, if an eighth grade

student entering the ninth grade desires to transfer out of his attendance zone, that student must inform

the Fort Smith Public Schools’ Director of Athletics and Student Activities. If a student has made a legal

transfer to a school in sixth grade or ninth grade by July 1 then chooses to return to his/her home

attendance area school, eligibility will be lost for 365 days.

If an eighth grade student desires to transfer out of his/her attendance area and plans to participate in

athletics, the following conditions must be met:

1. The student must be granted an Attendance Area Exception from Student Services for

the following school year. The Attendance Area Exception will take effect the fall

semester of the ninth grade year.

2. The student and his/her parent or guardian must sign a Declaration of Intent with the

Fort Smith Public Schools Director of Athletics and Student Activities.

If the student returns to his/her home attendance area, athletic eligibility will be lost for 365 days. If an

eighth grade student entering the ninth grade desires to transfer out of his/her attendance zone, that

student must inform the Fort Smith Public Schools Director of Athletics and Student Activities. If the

student has made a legal transfer to a school in the sixth grade or ninth grade by July 1 and then

chooses to return to his/her home attendance area school, eligibility will be lost for 365 days.

Hardship Exception: A student’s parent or guardian may petition the District’s athletic director for a

hardship exception from the specified eligibility rules. Evidence of a true hardship must be presented. A

hardship is defined as an extreme and unusual circumstance beyond the control of the student or

parent. After consultation with principals of the affected schools, the athletic director may deny the

petition or may grant a hardship exception. Denial of a hardship exception petition will be reviewed by

the Superintendent upon parent request; the decision reached in the review is final.

Out of District Transfers: School Choice and Student Legal Transfer

All students transferring from outside of the district are subject to the rules and regulations established

by the Arkansas Activities Association.

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 before July 1 of the year the student enters grade seven through

twelve (7-12) shall complete a Changing Schools/Athletic Participation (CSAP) 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.

This rule applies only to district to district transfers, not to transfers within the Fort Smith School District.

References: ASBA Model Policies

X. SCHOOL ORGANIZATIONS AND ACTIVITIES

A. Definition

1. School organizations and/or school activities shall include any and all student groups or

functions that are identified by or exist by virtue of a particular school or school district.

2. Any activity or function planned by a school organization shall be considered a school

activity.

3. Activities planned by patrons or support groups will be considered non-school functions.

B. School Activity Requirements

1. Every activity must have a school employee as a sponsor who shall be designated by

the principal.

2. All activities must have the approval of the principal in advance of the activity.

3. Local district membership fees may not be charged. Regional, state and national dues

may be collected when the organization is an affiliate of these groups. Students may be

asked to share the cost of a particular activity.

4. The principal shall file, or cause to be filed, with the Superintendent an annual report for

each organization which shall include, but not be limited to:

a. A list of activities for the year.

b. All revenue, including contributions, and the source(s) of the revenue.

c. All expenditures.

5. All fund-raising activities must have the approval of the principal in advance of the

activity. Door-to-door fund-raising projects are prohibited. Lotteries or selling of chances

as a means of raising funds are prohibited.

6. All expenditures must be approved by the principal.

7. All receipts and expenditures must be processed through the District Activity Fund

Account. All receipts will be credited to the designated account of the designated school.

8. Funds may be used for organizational activities, reimbursement to students, and/or

sponsors, for personal expenses incurred as part of the activity.

9. Membership of any organization shall be open to all students who meet the written

criteria for that organization. Written criteria will comply with existing civil rights laws and

regulations.

10. The sponsor may discipline or drop students from the organization with the approval of

the principal. Parents shall be notified and afforded an opportunity for a conference to

discuss the reasons for suspension or dropping of the student.

11. The principal shall have the authority on interpretation of any rules and regulations

pertaining to organizations or activities, whether or not they are stated in these policies.

12. Final authority on interpretation of any rules and regulations shall rest with the School

Board.

C. Solicitation of Funds

Fort Smith Board of Education Policy JLC states:

“Students are not to be used for solicitation of funds or drives for school-sponsored organizations

unless such solicitation or drive is specifically approved by the principal. No door-to-door sales or

solicitations by students for school purposes shall be approved.”

This policy applies to both elementary and secondary students.

Pursuant to Arkansas Code Annotated 6-18-1104, parents of all elementary students who participate in

fund-raising programs are hereby notified:

1. Student participation in fund-raising programs is voluntary.

2. Students who do not participate will not forfeit any school privileges.

3. Students may not participate in fund-raising programs without written parental

permission returned to school authorities.

4. An elementary school student who sells fund-raising merchandise door-to-door must be

accompanied by a parent or an adult.*

5. Unless the school provides supervision, parents must accept responsibility for

appropriate adult supervision.

*PLEASE NOTE: Even though the state statute permits schools to allow door-to-door fund-raising

with supervision, the Fort Smith Board of Education has prohibited door-to-door

sales or solicitations by any student in the Fort Smith Public Schools.

XI. STUDENT MEDIA

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, video tapes, 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

While the District recognizes a student's right of expression under the First Amendment to 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 by Student Media Advisors and/or the District's

administration, whose actions shall in all instances be timely and reasonably related to legitimate

pedagogical concerns and be subject 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 and/or Student Media Advisor 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 publications include 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 a reckless disregard of the truth;

c. Constitute an unwarranted invasion of privacy as defined by state law;

d. So incite students as to create a clear and present danger of the commission of

unlawful acts on the school premises;

e. So incite students as to create the violation of lawful school regulations;

f. So incite students as to create the material and substantial disruption of the

orderly operation of the school;

g. Attacks ethnic, religious, or racial groups; or

h. 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. Adhere to any restrictions regarding use of directory information, 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);

2. State that the views expressed are not necessarily those of the School Board or the

employees of the District.

Student Media may be distributed at the following times and places:

1. Before and after school;

2. At recess;

3. During school hours, but only passively at designated tables;

4. In the hallways during non-instructional time, but only at middle and secondary schools:

5. In the cafeterias during non-instructional time and designated lunch periods, but only at

middle and secondary schools; and

6. As further authorized by a building principal in a manner that is content and viewpoint

neutral and that does not cause a substantial disruption of the orderly education

environment.

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

A student or group of students who distribute ten 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 copies of non-school-sponsored materials shall have school authorities review

their non-school-sponsored materials at least three 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 time, place, and manner for distributing non-school-

sponsored materials is governed by the time, place, and manner provisions for distributing Student

Media.

Legal References: ACA § 6-18-514

ACA § 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)

Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)

Additional Reference: ASBA Model Policies

XII. FORT SMITH PUBLIC SCHOOLS TECHNOLOGY/INTERNET ACCEPTABLE USE

GUIDELINES

A. Acceptable Use

The Fort Smith Public Schools’ digital devices, networks and Internet access are provided to

support the educational mission of the schools and to enhance the curriculum and learning

opportunities for students and school staff. This policy and the accompanying rules also apply to

digital devices issued directly to students, whether in use at school or off school premises.

Students are allowed to use privately-owned devices at school with prior authorization by school

officials, provided that they comply with this policy and the accompanying rules.

B. Unacceptable Use (ACA 6-21-107)

The District has established and will maintain an Internet filtering system to prevent computer

users from accessing harmful material. The use of the network is a privilege, not a right, which

may be revoked at any time for inappropriate conduct as determined by the Fort Smith Public

School District.

Such conduct would include, but not be limited to, the placing or viewing of unauthorized or

unlawful information (data or graphics) on a system, messages/data, the sending of

messages/data that are likely to result in the loss of a recipient’s work or systems, and the

sending of “chain letters,” or “broadcast” messages to lists or individuals. District computing

resources cannot be used to intimidate or create an atmosphere of harassment based upon

gender, race, religion, ethnic origin, creed, or sexual orientation. The unauthorized disclosure,

use, and/or dissemination of personal identification information regarding students or staff is

strictly prohibited. Any unauthorized access to District, staff, or student information by any

individual is prohibited.

It is essential for each user on the network to recognize his/her responsibility in having access

to vast services, sites, systems, and people. The user is ultimately responsible for his/her

actions in accessing network services. Users must also observe the acceptable use of policy of

other networks. What is acceptable use on the District network may not be acceptable on

outside networks.

An account assigned to an individual, including Student Use Accounts, may not be used by

others. Faculty, students, staff, and associates are individually responsible for the proper use of

their accounts, including proper password protection and appropriate use of Internet resources.

It is not acceptable to use the network to interfere with or disrupt network users, services, or

equipment.

Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation or

computer worms or viruses, and using the network to make unauthorized entry to any other

machine/service accessible via the network. No one should deliberately attempt to degrade the

performance of a computer system (including network resources) or to deprive authorized users

of resources or access. Use of the network for recreational games is not acceptable.

C. Behavior in Use

All faculty, students, staff, and associates are responsible for use of district computing

resources in an effective, efficient, ethical, and lawful manner even in the absence of reminders

or enforcement. Users are expected to follow normal standards of polite conduct in their use of

the computing resources. Responsible behavior includes consideration for other users, as well

as efficient use of the computing time and materials. Annually every user will be required to

successfully complete training as defined by the School District in order to be eligible to access

network services.

The District cannot be held liable for any losses, including lost revenues, or for any claims or

demands against the user by another party. Users are personally monetarily responsible for

their unauthorized access to any “pay” service. The District cannot be held responsible for any

damages due to the loss of output, loss of data, time delay, system performance, software

performance, incorrect advice from a consultant, or any other damages arising from the use of

the District’s computer facilities.

Faculty cannot be held liable for the student’s use of the network. Students may access the

network for individual work, in the context of another class, at a location other than on campus.

The faculty is responsible for instructing and supervising students on acceptable use of the

network, network etiquette, electronic mail, chat rooms, and other forms of electronic

communication. Students have no expectation of privacy in their use of school digital

devices or when utilizing any district-issued or school-issued account or digital

resource.

D. Technology and Privacy in Locker Rooms, Restrooms, and Designated Changing Areas

Students, school employees, and other persons present on school property shall respect and

protect the privacy interests of individuals who are using locker rooms, restroom, or other

designated changing areas. Students or employees who violate the policy, or any related rules

or directives, shall be subject to school disciplinary action and possible legal referral. Other

persons violating this policy may lose privileges of using District facilities, may be referred to law

enforcement and/or may be subject to penalties provided under applicable law.

In keeping with the District’s objective of taking reasonable measures to protect the privacy

interests of persons who are using a locker room, restroom, or other changing area for an

authorized purpose, all persons present on school property shall, at a minimum, observe the

following measures:

1. The use of recording and other electronic devices is substantially restricted in locker

rooms, restrooms, and other designated changing areas.

a. No person may use a camera, video recorder, cell phone, or any other device

with recording capabilities at any time to capture, record, transmit, or transfer an

image or representation of an undressed or partially dressed person who is in

any locker room, restroom, or other designated changing area.

b. No recording function (photographic, video, audio) of any type of device may be

used in any non-emergency situation in such facilities at any time unless (1) the

individual has received prior permission of a district administrator, the principal,

or other designated facility administrator; and (2) any person being recorded has

consented to the recording. Such permission shall not be exercised when

persons who are present in the facilities are actively using the area as a

changing area, shower facility, and/or restroom.

c. In order to avoid any appearance of a violation of privacy or other impropriety,

individuals present in such facilities are expected to restrict their use of non-

recording functions of situations where they have received the prior permission of

a district administrator, building principal, or other designated facility supervisor.

That is, with these limited exceptions, voice calls, texting, etc. should not be

occurring in such facilities.

2. No person shall view or attempt to view from any concealed location, or in an otherwise

secret or hidden manner, an undressed or partially undressed person who is using a

locker room, restroom, or other changing area.

3. Loitering in the locker room, restroom, or other designated changing area is prohibited.

4. No media is allowed access to locker rooms before, during, or after any school athletic

event or practice. Coaches and student athletes may be available for interviews outside

the locker rooms, consistent with District policy and school rules.

These guidelines apply to all users of any school facilities.

E. Plagiarism

Copying a student’s computer assignment takes little effort; as does detecting and proving such

plagiarism. The standard academic penalties for this are severe. Systems staff will cooperate

with instructors in verifying plagiarism. Guilty users will lose computing privileges. Students may

be subject to receiving a failure for the assignment and possible failure for the course. This

includes students who have completed a course and shared their old work with those in a

subsequent semester.

F. Use of Copyrighted/Licensed Materials

Unauthorized copying, transmittal of, or use of licensed or copyrighted media (example:

software) is considered theft and a violation of copyright laws. Placement of media (example:

software onto an on-site user’s computer hard disk) onto School District information systems

equipment should not be done without prior authorization. Final responsibility of management of

a given piece of equipment and the media placed on it is held by the assigned user or on-site

lab supervisor.

G. Violations Statement

Violations of the guidelines set forth in this policy shall constitute a violation of school rules and

will result in punishment of the student with a minimum penalty of a reprimand to a maximum

penalty of expulsion.

Violations of some of the guidelines set forth in this policy may constitute a criminal offense.

Transmission or use of any material in violation of any international, U.S., or state laws or

regulations is prohibited. Systems staff and district administrators will cooperate fully with law

enforcement agencies in correcting any violations.

H. Online Safety Pledge

The student’s signature on the District’s Student Handbook signature page indicates she/he will

uphold all aspects of the following pledge.

I want to use the computer and the Internet. I understand that there are certain rules about what

I should do online. I agree to follow these rules:

1. I will not give my name, address, telephone number, school, or my teachers’/parents’

names, addresses, or telephone number to anyone I meet on the Internet.

2. I will not give out my email password to anyone (even my best friends) other than my

teachers/parents.

3. I will not send a picture of myself or others over the Internet.

4. I will not fill out any form or request online that asks me for any information about my

school, my family, or me.

5. I will tell my teachers/parents if I see any bad language or pictures on the Internet, or if

anyone makes me feel nervous or uncomfortable online.

6. I will never agree to get together with someone I “meet” online.

7. I will not use any articles, stories, or other works I find online and pretend it is my own.

8. I will not use bad language online.

9. I will practice safe computing, and check for viruses whenever I borrow a disk from

someone, download something from the Internet, or receive an attachment.

10. I will be a good online citizen and not participate in any activity that hurts others or is

against the law or my school’s policy.

11. I have no expectation of privacy in my use of school digital devices.

I. Additional Rules for Digital Devices Issued to Students for Classroom Use

1. Digital devices are loaned to students as an educational tool and are only authorized for

use in completing school assignments.

2. Students are responsible for the proper care of digital devices at all times, whether on or

off school property, including costs associated with repairing or replacing the digital

device.

3. If a digital device is lost or stolen, this must be reported to the schools administrators

immediately. If a digital device is stolen, a report should be made to the local police and

to district administrators immediately.

4. The Board’s policy and rules concerning computer and internet use apply to use of

digital devices at any time or place, on or off school property.

5. Students are responsible for obeying any additional rules concerning care of digital

devices issued by school staff.

6. Violation of policies or rules governing the use of digital devices, or any careless use of a

digital device may result in a student’s digital device being confiscated and/or a student

only being allowed to use the digital device under the direct supervision of school staff.

The student will also be subject to disciplinary action for any violations of Board policies

or school rules.

7. Parents will be informed of their child’s login password. Parents are responsible for

supervising their child’s use of the digital device and Internet access when in use at

home.

8. Digital devices must be returned in acceptable working order at the end of each use, or

whenever requested by school staff.

9. Students who are issued a Fort Smith Public Schools email address should have no

expectation of privacy in its use. Parents may request to be given access to student

email accounts by completing a Parental Request for Access to Student Email Account

from the Director of Technology at Rogers Center (784-8130).

J. Additional Rules for Bring Your Own Device (BYOD)

1. Students are expected to use these devices only for educational purposes during school

hours. Teachers have the right to require a student not to use the device if they believe

that it is being used for anything other than educational purposes.

2. Students must login with their assigned unique username and password before

accessing the wireless network.

3. Students have no expectation of privacy in their use of a privately-owned device while at

school. The school unit reserves the right to search a student’s privately-owned devices

if there is reasonable suspicion that the student has violated Board policies,

administrative procedures or school rules, or engaged in other misconduct while using

the device.

4. Whether or not student-owned devices are permitted to be used in the classroom during

instructional time will be determined by the individual teacher.

5. If a student is caught violating the acceptable use policy, his or her access may be

revoked temporarily or as decided by the building principal or administrator.

6. The Fort Smith School District will not be held financially or legally responsible for lost,

stolen, or damaged devices.

7. Support will not be provided by the Technology Department or Technology Liaisons for

student-owned devices if they are unable to connect. Students have no expectation of

privacy in their use of a privately-owned device while at school.

8. The school unit may confiscate any privately-owned device used by a student in school

without authorization as required by these rules. The contents of the device may be

searched in accordance with applicable laws and policies.

K. Internet Safety and Web Filtering Policy

The Fort Smith Public School District has developed a set of policies and guidelines to address

the Internet safety of both students and staff members. These guidelines follow security

guidelines as recommended by the Department of Information Systems of the State of Arkansas

and the Arkansas Public School Computer Network Division. They are also in compliance with

the Child Internet Protection Act.

1. Web filtering servers will be employed, updated and maintained to prevent access by

minors to inappropriate subject matter on the Internet and the Web.

2. The use of electronic mail, chat rooms, or any other form of direct electronic

communications by students will be prohibited unless monitored by a staff member to

protect the students’ safety and security.

3. A network firewall will be employed, updated, and maintained to prevent unlawful or

unauthorized access, including “hacking”, from the outside or from within the computer

network.

4. Information security access rules and secure password policies will be employed to

prevent the unauthorized disclosure, use, or dissemination of personal identification

information regarding students and staff members.

5. Student access to materials harmful to them will be restricted through the

implementation of web filtering servers, a network firewall, and anti-malware software.

L. 1:1 DIGITAL CONVERSION GUIDELINES

Fort Smith Public Schools is providing students the opportunity to participate in a digital

conversion program where students are issued Chromebook devices for school and home use.

This is an innovative approach where learners have access to a rich array of technological tools

intended to enhance both teaching and learning.

Students and Parents/Guardian(s) must follow the terms, conditions, and policies

communicated within this section, in addition to the Acceptable Use Policies defined under

Section XII – Fort Smith Public Schools Network/Internet Acceptable Use Guidelines. Student

issued Chromebooks are the property of Fort Smith Public Schools and their use is a privilege,

not a right. Disciplinary actions or revocation of this right may be imposed if there is a failure to

adhere to these policies. The district reserves the right to collect and/or inspect a device and

delete any material or applications deemed to be inappropriate. Student devices may be seized

or searched at any time as they are the property of the district. The policies, procedures and

information in this section apply to the digital conversion program and include all other devices

deemed appropriate by the administration. Teachers may set additional requirements for

computer use in the classroom.

Student Online Accounts & Privacy Policy

Instruction using technology is often facilitated through the use of e-mail and cloud-based file

storage. As a part of the Digital Conversion program, students will be issued a Google Apps

account and a Microsoft account which gives them access to e-mail (Gmail), as well as other

Google Apps including Google Drive. The Children’s Online Privacy Protection Act (COPPA),

however, requires that a parent or guardian give the district permission to share the student’s

first and last name which is needed to create the account. Google and Microsoft do not share

this information, and the District will make every reasonable effort to maintain the privacy of this

student information.

• The district will only provide the first name, last name, and account login name to create

each student’s Google account.

• This account information will only be provided to Google and Microsoft.

• No student will be required or encouraged to provide other personally identifiable

information to any online service provider.

• Parents or guardians have the right to see the information provided to create these

accounts.

• Parents or guardians have the right to ask that their student’s accounts be deleted, or

require that the first and last name is no longer provided. To exercise these rights, a

written and signed request must be provided to the school administration which allows

reasonably sufficient time for action.

Guidelines for Use

Students should abide by all policies defined under the Acceptable Use Policy as documented under

Section XII Fort Smith Public Schools Network/Internet Acceptable Use Guidelines.

Use of these devices should be restricted to educational purposes. Any extracurricular use during

school time, such as instant messaging, video chatting, video games, etc. is strictly prohibited and can

result in disciplinary action, unless explicitly permitted by school administration and/or the student’s

teacher. Students should expect no privacy with regard to media or content created or stored on their

device. Students will be held liable for inappropriate materials found on devices. If inappropriate

materials or applications are found as a result of a search by school officials, a student’s Chromebook

may be wiped and reset to factory defaults. The district will not be responsible for lost files or

information should a device be reset to factory defaults.

An attempt by a student to access files or materials on another student’s device is forbidden unless

explicit permission is given. Unauthorized use or access to files or information by a student may result

in disciplinary action. Students should keep all personal usernames and passwords private and should

not give this information to anyone other than a school official.

Use of microphones and/or webcams in the classroom to record and/or post audio or video content to

the internet is strictly forbidden, unless explicitly allowed by a student’s teacher for an instructional

purpose. Possession, transferring, or uploading any unauthorized photographs, videos, or audio

recordings is strictly forbidden and may result in disciplinary action or revocation of a student’s device.

Student devices are considered a learning tool both in the classroom and at home. A student’s device

should never be loaned or used by anyone outside of his/her immediate family.

Students are responsible for backing up important files and data stored on their device. The school

district holds no liability or responsibility to recover lost, deleted, or missing files as a result of hardware

issues, software issues, or any unforeseen occurrence in which files could be lost.

Proper Care Guidelines

Proper care and storage of student Chromebook devices are the responsibility of each individual

student. Proper care tips include:

• Do not leave or store the device in the extreme heat or extreme cold.

• Do not leave the device in a vehicle or other unsecured location.

• Do not place any item or object on top of the device when not in use.

• Do not eat or drink in close proximity of the Chromebook.

• Do not use any cleaning product, including, but not limited to, abrasive cloths, sponges,

or liquid cleaners to clean the screen or exterior of the device. Only a soft, lint-free

microfiber cloth should be used.

• Do not write on or place any adhesive items such as stickers to any surface of the

device

• Do not remove any serial number labels or labels applied by the district.

• Do not carry or transport the device without being in a proper carrying case with the

zipper closed.

• Do not drop the device or bump it against any hard surface.

• Do not place or leave the device on the floor where it may be stepped on or tripped over.

Web Filtering

Students are expected to follow the policies and guidelines established to ensure adequate internet

filtering while at school.

While at home, district web filtering is still in effect, however, parents will be responsible for monitoring

the use of the internet. The district holds no responsibility for inappropriate content accessed outside of

school provided internet access. The responsibility of monitoring internet access once a student is off

school premises and no longer using district provided internet access, will fall directly on the student’s

parent or guardian. Inappropriate content delivered and/or stored on a student device by the use of

internet access away from or outside of school provided internet may result in disciplinary action if

found by school officials.

FINANCIAL RESPONSIBILITY

Damaged, Lost, or Stolen Chromebooks

• Accidental damage to a Chromebook device should be reported to a school official

immediately.

• Theft of a device while on school premises should be reported to a school official

immediately.

• Theft or loss of a device while away from school should first be reported to local police

officials, then reported to school officials. You may be asked by your school to provide

an official police report.

• If a device is damaged by another person or student, it should be reported to the office,

teacher, or school personnel immediately. Any claim will be investigated by the school

district or law enforcement.

Technical Problems & Chromebook Repairs

All hardware or software issues should be reported to the student’s teacher. Issues which occur during

non-classroom time should be reported to school officials.

The district will attempt to repair all hardware and software issues by trained staff or technicians. No

charges will be incurred for hardware or software repairs not caused by deliberate misuse or accidents.

No one other than district staff members should ever disassemble or attempt to repair any hardware

component of a Chromebook. Doing so may cause damage and subsequent charges and/or

disciplinary actions.

A loaner Chromebook device may be provided to a student in the event that their assigned

Chromebook is kept at school for necessary repairs. In the event that a student receives a loaner

device, they will be responsible for the loaner just as if it was their original issued device. Loaner

Chromebooks will be inspected before and after check out. Should physical damage occur to the loaner

device, the student will be financially responsible for any repairs that must be performed in order to

restore the loaner device to its original condition.

• Charges will be assessed for any damage not caused by unexpected hardware failures

which fall under the terms and conditions of the manufacturer’s warranty.

• Such charges may result from damage caused by improper use, handling, or intentional

or accidental damage.

• Lost Chromebooks or accessories will not be covered by the district and charges will be

assessed to replace these items.

• Any other damaged hardware will be quoted by professionals and charges will be

assessed accordingly.

• Students will not be re-issued another device until non-warranty repair costs have been

paid.

XIII. DISTRIBUTION OF LITERATURE

Students may not possess or distribute any literature that causes disruption of school, is in violation of

School Board policy, or is obscene.

XIV. STUDENT DRESS CODE

Fort Smith Public School District recognizes that dress can be a matter of personal taste and

preference. At the same time, the District has responsibility to promote an environment conducive to

student learning. This requires limitations to student dress and grooming that could be disruptive to the

educational process because they are immodest, disruptive, unsanitary, un-safe, could cause property

damage, or are offensive to common standards of decency.

Students are prohibited from wearing, while on the school grounds during the school day and at school-

sponsored events, clothing that exposes underwear, buttocks, or the breast of a female. This

prohibition does not apply, however, to a costume or uniform worn by students while performing in a

school- sponsored activity or event.

NOTE: Individual school handbooks may contain additional guidelines to student dress. Decisions on

inappropriate dress will be the sole responsibility of building leadership.

Legal References: A.C.A. 6-18-502(c) (1) and A.C.A. 6-18-503(c) Additional Reference: ASBA Model

Policies

XV. SEARCH, SEIZURE, AND MONITORING

Search and seizure are permissible when there is reasonable belief that a controlled substance,

weapon, or items in violation of school policy are present (ACA 6-21-608). Student lockers are to be

used to protect personal items and books and are not to be used to store or conceal illegal or prohibited

items or material. Lockers remain the property of the Fort Smith Public School District and are subject

to inspection by school officials for reasonable cause.

Privately-owned automobiles parked on school property may be searched by a school administrator if

there is reasonable suspicion that the search would produce evidence indicating the student has

violated the law or school rules.

School buildings and campuses (including parking lots) are subject to periodic search by the

canine unit of the Fort Smith Police Department in an effort to reduce the presence of illegal and

prohibited items on the campus.

The District uses video surveillance to assist in security and investigations.

XVI. ANTI-BULLYING ADMINISTRATIVE POLICY

Definitions

“Attribute” means an actual or perceived personal characteristic including without limitation to 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:

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

b. Posting or encouraging others to post on the Internet private, personal, or sexual

information pertaining to a school employee;

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

d. 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;

e. Making repeated, continuing, or sustained electronic communications, including

electronic mail or transmission, to a school employee;

f. 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;

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

h. 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 a student, or person standing in loco parentis

of a student who was the 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.

XVII. STUDENT USE OF MULTIPLE OCCUPANCY ROOM AND STUDENT NAME, TITLE,

PRONOUN

A. 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

B. Student Name, Title, 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

XVIII. TRANSPORTATION RULES FOR STUDENTS

Student misbehavior could result in losing the privilege of riding the bus. Any student causing damage

to a bus will be required to pay for the damage. The driver of a bus has the same authority over bus

passengers that a teacher has over students in the classroom. Drivers have the responsibility to

maintain conduct on their bus and will identify students who cause trouble to the students’ building

principal. The district believes all students can behave appropriately and safely while riding on a school

bus. No tolerance will be shown for student behavior that stop drivers from doing their jobs or which

prevent students from having safe transportation. Students must ride the bus they are assigned to ride.

Each driver will review the rules of conduct on the bus with the students riding the bus. Physical or

verbal abuse of the driver by a student will result in suspension.

Bus Rules

1. Students are to comply with the authority of the driver.

2. Students are to give their correct name and/or produce their student ID card.

3. Students are to remain seated while the bus is in motion and must be in their assigned

seat.

4. Students are to keep all parts of their body inside the bus.

5. Students are not to push, shove, fight, or throw objects at any time.

6. Students are not to eat, drink, smoke, spit, litter, use obscene language or gestures or

make any distracting noises at any time. Texting is allowed but voice calls are not

allowed.

7. Students should be at the bus stop ten minutes before the bus is scheduled to arrive, no

earlier. Do not litter or destroy any property at the bus stop.

8. Students are to stand back at least ten feet from the bus stop and are not to approach

the bus until it has come to a complete stop, and the door is opened.

9. Students are to enter and leave the bus quickly and in an orderly manner. Do not enter

or exit the bus through the back door except in an emergency or unless directed to do so

by the driver.

10. If a student must cross the street after leaving the bus in the afternoon, go to a point on

the shoulder of the street ten feet in front of the bus and wait until the driver has signaled

for you to cross. If a student drops an object while leaving the bus, he/she should not

attempt to retrieve it until the bus has left the scene, and the street is clear of vehicles.

Never cross behind the bus.

The school district encourages any person who observes an incident jeopardizing the safety of a

student on a school bus to report the incident to the Transportation Department. It is most helpful when

a person can identify the bus by its number when making a report. Any recommendations that will

assist the department in its operation are also encouraged (785-2501, Ext. 1256 or 1238).

XIX. STUDENT CONDUCT NOT PERMITTED ON SCHOOL PREMISES OR AT ANY ACTIVITY

RELATED TO SCHOOL

A. Disregard of Directions or Commands

A student shall comply with reasonable directions or commands of teachers, interns, substitute

teachers, paraprofessionals, principals, administrative personnel, the Superintendent,

transportation staff, school security officers, or other authorized school personnel. Students will

be considered insubordinate when they refuse to obey any rule or regulation of the school or

school district or the reasonable instructions of school district personnel.

Minimum Penalty—Reprimand

Maximum Penalty—Expulsion

B. Disruption and Interference With School

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. Electronic cigarettes are included in this prohibition;

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

7. Possession of any paging device, beeper, or similar electronic communication device on

the school campus during school hours unless specifically exempted by the

administration for health or other compelling reasons.

8. Possession, selling, distributing or being under the influence of any alcoholic, beverage

any illegal drug, unauthorized inhalants, or the inappropriate use of 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, 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;

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 communications device.

24. Laser pointers;

25. Use of violence, force, noise, coercion, threat, intimidation, harassment, fear, passive

resistance or any other conduct intentionally to cause a disruption;

26. Engaging in conduct disruptive to educational objectives;

27. Urging or inducing others to violate school policies;

28. Refusing to identify themselves to a staff member upon request; and

29. Interfering with or distracting another student during the period of silence. Students are

to remain silent during this time period (ACT 576 of 2013).

30. Theft of another individual’s property or school property.

Minimum Penalty—Reprimand

Maximum Penalty—Expulsion

Legal References: A.C. A 6-5-201, 6-15-1005, 6-18-222, 6-18-502,506,514, 6-18-707, 6-21-609, 27-51-

1602,1603,1609

Additional Reference: ASBA Model Policies

C. Immorality

A student shall abstain from indecent and immoral acts. A student may not possess any

material, which depicts or otherwise describes any indecent or immoral acts.

Minimum Penalty—Reprimand

Maximum Penalty—Expulsion

D. Fireworks, Explosives, and Other Incendiary Devices

A student shall not possess, handle or store matches, cigarette lighters, firecrackers, smoke

bombs, or any other kind of fireworks and/or explosive or incendiary devices that could cause

injury to persons or damage to school property or that could be disruptive to the learning climate

of the school. Neither shall a student possess any device resembling any of the above items.

Minimum Penalty—Reprimand

Maximum Penalty—Expulsion

E. Providing False Information

Students shall provide to the District valid information regarding identity, address, telephone

number and other relevant data requested by the school. Students providing invalid or false

information shall be in violation of this policy.

Minimum Penalty—Reprimand

Maximum Penalty—Expulsion

F. Fraternities, Sororities, or Other Secret Organizations or Societies (ACA 6-18-601 through

6-18-607)

No student shall participate in, recruit for, or display the symbols of a fraternity, sorority, or other

secret organization or society which fosters undemocratic practices and seeks to perpetuate

itself by taking in additional members from the students enrolled in that school or local school

system on the basis of the decision of its membership.

Minimum Penalty—Reprimand

Maximum Penalty—Expulsion

G. False Alarms (ACA 5-71-210)

No student shall communicate a false emergency alarm. False alarms shall include, but not be

limited to, fire alarms, bomb threats, 911 emergency calls, and severe weather alarms.

Minimum Penalty—Reprimand

Maximum Penalty—Expulsion

H. Pets on Campus

No pets of any kind are allowed on school property or at any school activity without the express

permission of the building principal.

Minimum Penalty—Reprimand

Maximum Penalty—Expulsion

I. Behavior not Covered Above (ACA 6-18-502)

1. The School District reserves the right to discipline student behavior that occurs on or in

reasonable proximity to school property which is not conducive to good order and

discipline in the schools, even though such behavior is not specified in the preceding

written rules.

2. Students shall make restitution of any property stolen by them and shall be subject to

other disciplinary measures.

Minimum Penalty—Reprimand

Maximum Penalty—Expulsion

J. Sexual Harassment

1. Policy

The 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.

For the purposes of this policy, “sexual harassment” is defined as any unwelcome sexual

advances, requests for sexual advances, requests for sexual favors, and/or other

inappropriate verbal, visual, written, or physical conduct of a sexual nature, whenever

such harassment occurs on School District property or at a school-sponsored event.

2. Behaviors that Constitute Sexual Harassment

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 Websites 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.

3. Retaliation Prohibited

a. The District will discipline any student who retaliates against any person who

reports alleged sexual harassment or who retaliates against any person who

assists in an investigation or proceeding relating to a sexual harassment

complaint.

b. Retaliation includes, but is not limited to, any form of intimidation, reprisal or

harassment.

c. Punishments for retaliation include, but may not be limited to, a warning, transfer,

suspension, or expulsion.

4. Reporting Investigation

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.

Reference: ASBA Model

5. Punishment

Punishment can include, but may not be limited to, written warning, suspension, or

expulsion

Minimum Penalty—Reprimand

Maximum Penalty—Expulsion

XX. CONTROLLED SUBSTANCE DISCIPLINE PROCEDURES

A. Controlled Substance – General Student Population

A student shall not possess, sell, use, transmit, or be under the influence of any narcotic drug,

hallucinogenic drug, amphetamine, barbiturate, marijuana, beverage containing alcohol or

intoxicant of any kind, or other controlled substance as defined in the State of Arkansas Uniform

Controlled Substances Act 5-64-101. The student may not possess any substance represented

to be a controlled substance.

The safety of students and patrons attending on-site and away school activities is of paramount

concern. Similarly, it is important that students comply with existing laws regulating the use and

possession of intoxicants and controlled substances. Accordingly, the meaning of the term “use”

should be deemed to include, but not necessarily be limited to, the consumption in any amount,

of alcoholic beverages, controlled substances, or other intoxicants, prior to or during the travel

to and from on-site and away student activities. The manifestation of use by such factors as

detectable odor; physical appearance e.g., blood shot eyes or slurred speech; or other

articulable observations may implicate the application of this policy and its accompanying

consequences.

1. Disciplinary Action Taken Toward any Student who is Involved with Controlled

Substances at School

The possession, use, sale, or distribution of any controlled substance or paraphernalia

shall be prohibited on school grounds or at any school activity while a student in enrolled

in Fort Smith Public Schools.

a.* First Violation: The student will be subject to disciplinary action which may

include suspension from school and/or possible recommendation for expulsion,

and the police will be notified.

b. Second Violation: The student shall be suspended for a minimum of ten (10)

days with a possible recommendation for expulsion. The police will be notified.

B. Controlled Substance- Activity Program

The Activity Program acts as an extension of the school curriculum and is an integral part of the

educational program. Participation in activities helps prepare students for responsible roles in

society, allows students the privilege of representing their school, and affords these students the

opportunity to set good examples for others to follow.

Students who involve themselves with illegal, controlled substances (including alcohol) and

participate in school activities are not appropriately fulfilling their responsibilities to properly

represent their school and set good examples for others. Therefore, the following policy has

been developed for school administrators to follow when controlled substance problems are

encountered:

1. Disciplinary Action Taken Toward Students who are Involved with Controlled

Substances at School or while Participating in a School Activity and are Involved

in Extra-Curricular Activities

a.* First violation: The student shall be removed from that said activity until ALL the

requirements are met in Section XIX.A.1.a., First Violation

b. Second Violation: The student will be automatically removed from ALL extra-

curricular activities and shall not be allowed to participate in any school activities

for the remainder of that school year. Also see Section XIX.A.1.b., Second

Violation.

2. Disciplinary Action Taken Toward Students who are Involved with Controlled

Substances but not at School or while Participating in a School Activity and are

Involved in Extra-Curricular Activities

a.* First Violation: Allow the coach or sponsor to handle individually. Student will not

be suspended from school but may be suspended from the activity for a period of

time or suspended for a certain number of games or activities. Parents will be

notified.

Second Violation: The student will be dropped from the activity for the balance of

the year. Parents will be notified.

b. Disciplinary action may be appealed to the principal or his/her designee.

C. Controlled Substances- Attempted Suicide

School administrators who determine that a student has attempted suicide using controlled

substances or non-prescription medications should require appropriate professional assistance

for the student.

Disciplinary Action Taken Toward Students who have Attempted Suicide with Controlled

Substances or Non-Prescription Medications at School or while Participating in a School

Activity

A professional evaluation to assess suicide risk and the student’s capability of functioning in the

unsecured environment of a public school is required before the student returns to school.

(Utilize Suicide Prevention Form, SP-1, for this purpose.)

*The administration reserves the right to recommend expulsion when the offense is serious

enough to warrant the more severe penalty.

XXI. DISCIPLINE FOR STUDENTS WITH DISABILITIES

A. Students with disabilities who engage in misbehavior are subject to normal school disciplinary

rules and procedures so long as such treatment does not abridge the right to a free appropriate

public education (FAPE).

B. The Individualized Education Program (IEP) Committee for a student with disabilities should

consider whether particular disciplinary procedures should be adopted for that student and be

included in the IEP.

C. After removing a student for more than 10 school days in a school year, the District will convene

a meeting of the student’s IEP Committee to address behavior.

XXII. SUSPENSION OF STUDENTS

Students may be suspended from school for a violation of the District’s discipline policies or

other conduct that would tend to impair the discipline of the school, or harm the other students,

but such suspension shall not extend beyond the current term (ACA 6-18-507). In the Fort Smith

Public Schools, authority to suspend a student is delegated to the school principal or designee.

At the time of suspension, the student should be informed of the reasons for suspension and the

procedures for re-admittance. The student should also be advised and allowed to make a

statement relative to the situation or on his/her behalf at the time of suspension.

Upon suspension of a student, the school shall immediately contact the student’s parent or legal

guardian to notify him/her of the suspension. Contact will be attempted in the following order: a

telephone call, voice mail, email, or first class mail. Standardized suspension forms will be

utilized. Notification of suspension shall include the reasons for suspension, the manner in

which the student may be readmitted to school, and the student’s right to appeal.

Elementary students may be assigned to the Positive Attitude Renewal (PAR) program in lieu of

a suspension. Students are expected to make up class work during the suspension and may

receive full credit upon satisfactory completion. All make-up work should be returned to the

appropriate teacher upon the student’s return to school. The sole responsibility for completing

assigned work rests with the student.

In some incidences where the nature of the infraction or misconduct is deemed disruptive to the

extent that the student should not be in school, the suspension shall be followed by a

recommendation for expulsion. In such cases, the policy for expulsion shall be followed.

Any suspension that has previously been reviewed by the principal, at the request of the parent,

will be reviewed by the Department of Student Services. All such cases must be reported to the

Superintendent.

Administrative Procedures for Suspension of Students

A. A teacher may temporarily dismiss any student from class for disciplinary reasons.

B. The teacher shall, when feasible, accompany the student to the office of the principal or

designee and shall, as soon as practical, file with the principal a written statement about the

student’s dismissal from class.

C. After a conference, which will include at least the principal or assistant principal, the teacher and

the student, the principal or designee shall determine whether to reinstate the student in class,

reassign the student, or take other disciplinary action.

D. The principal or designee of any school is authorized to suspend students from school for

disciplinary reasons up to ten school days, including the day upon which the suspension was

initially imposed.

E. Prior to such suspension, the principal or designee shall inform the student either orally or in

writing about the infraction.

F. If the student denies the charges, the principal shall explain to the student the evidence that

forms a basis of the charges and shall permit the student to present his/her side of the story.

G. When the principal considers that a suspension is proper, he/she shall send the student home

with a Suspension Notice requesting a student/parent/principal conference prior to admission.

H. The parent will be provided a copy of the Suspension Notice that shall include the reasons for

the suspension, its duration, the manner in which the student may be readmitted to school, and

the procedure for review of the suspension.

I. The principal or designee may require the attendance of the student involved at the said

conference as a condition of considering reinstatement.

J. When students have been notified that they are suspended from school, they shall remain away

from all school district premises and any school district activities until the principal or designee

reinstates them. Suspended students may return to school premises when accompanied by

their parent or guardian for a student/parent/principal conference.

K. If no decision is reached during the conference by the principal for a reinstatement of the

student or if any suspended student or a parent or guardian (when the student is a minor)

requests a review of the suspension by the Superintendent, the principal or designee shall

advise the person of the review procedure.

L. Suspensions of five days or less will be reviewed by the Superintendent or designee upon

parent request; the decision reached in the review is final. All reviews must be requested within

the term of the suspension. The Superintendent of Schools or designee shall have the authority

to revoke, terminate or otherwise modify the suspension and will notify the principal and parents

of his/her actions as soon as possible.

M. A suspension of more than five days will be reviewed by the Superintendent or designee upon

parent request; the decision reached in the review may be appealed to the Student Affairs

Committee of the School Board. The Superintendent or designee or the Student Affairs

Committee shall have the authority to revoke, terminate or otherwise modify the suspension and

will notify the principal and parties of the actions. All appeals must be filed within the term of the

suspension.

N. A suspended student will not be readmitted to school until the suspension is completed or the

appeal process, if applicable, is completed.

O. If the school is undergoing a violent upheaval or if orderly educational processes have otherwise

been substantially disrupted, students may be suspended indefinitely without notice, hearing,

and the other rights provided herein having been first given. In all such cases, written notices,

hearings, and other rights shall be provided in accordance with the normal provisions at the

earliest practical date after order is restored.

P. A student may request that hearings with the Board or Student Affairs Committee of the Board

be private. The Board or Student Affairs Committee may consider its decision in executive

session without the presence of anyone other than the Board or Committee. The Board or

Committee shall reconvene in public session to vote on the matter.

XXIII. STUDENT CONTROL – RESTRAINT

School officials will only use restraint when the student is in danger of hurting himself/herself or others.

XXIV. EXPULSION

The Board of Education is authorized to expel a student for conduct it deems to be inappropriate or

disruptive to the educational program.

It is anticipated that the procedure leading to expulsion will be preceded by suspension and will be

covered by the policy on suspension of students.

The Superintendent or his/her designee shall give written notice to the parent or guardian that he/she

has recommended to the Board of Education that a student be expelled. The Recommendation for

Expulsion shall contain a statement or reasons for this recommendation. Upon request of the parent or

guardian, the Superintendent or designee shall schedule a hearing with the Student Affairs Committee

of the School Board. Notice of time and place of such hearing shall be given to the parent following the

request for hearing.

ACA 6-18-507 provides that the directors of a school district may exclude students for a violation of the

District’s discipline policies or other conduct that would tend to impair the discipline of the school, or

harm other students. Prior to readmission a parent, guardian, or person serving in loco parentis of a

student who is expelled for a weapons violation will sign a statement acknowledging that the parents

have read and understand the current laws regarding the possibility of parental responsibility for

allowing a child to possess weapon on school property.

Expulsion Procedures

A. The principal of the school may recommend that a student be expelled from school with loss of

credit. A written recommendation for expulsion, which includes a statement of the charge

against the student, will be discussed with the parent or guardian if the student is a minor, or

discussed with the student if the student is an adult. A copy of the Recommendation for

Expulsion will be sent to the Superintendent.

B. If the Superintendent or his/her designee concurs with the recommendation and the parent or

guardian requests a hearing before the School Board, a hearing will be scheduled. The request

for a hearing must be made within 30 calendar days of the recommendation for expulsion.

C. In every case of a hearing held by the Student Affairs Committee or the School Board regarding

the expulsion of a student, the President of the Board or another member, selected by the

Board, shall preside at the hearing. The student shall be entitled to representation by a lawyer

or lay counsel.

D. The Superintendent or designee shall present evidence and may present witnesses or

statements of those persons who have personal knowledge of the events or circumstance that

give rise to the expulsion recommendation at the hearing.

E. The student or representative may then present witnesses or statements by witnesses with

personal knowledge of events or circumstances relevant to the issues.

F. Cross-examination should ordinarily be limited to the question or questions on which the

credibility of the witnesses has become an issue.

G. Students may observe all evidence offered against them.

H. Members of the committee or the Board may question any witness.

I. At the conclusion of the hearing, the Board may discuss the matter and dispose of it by vote.

J. The School Board may expel a student for the remainder of the semester, for the remainder of

the school year, or for 365 days in the event of a weapons violation. (ACA 6-18-502)

K. If the Board does not expel the student with loss of credit, it may impose less severe disciplinary

actions, such as long-term suspension, which may be without opportunity for make up of

schoolwork. The Board shall briefly state its findings at the end of the hearing.

L. The Board shall make a record of the evidence taken at the proceedings.

M. If the student wishes, the record will be furnished to the student. Copies of all statements used

as evidence will be included with the record.

N. The President of the Board or the presiding officer has the authority to limit unproductively long

or irrelevant questioning.

O. A student or the student’s parents or guardian may request that hearings with the Board or the

Student Affairs Committee of the Board be private. The Board or Student Affairs Committee

may consider its decision in executive session without the presence of anyone other than the

Board or Committee. The Board or Committee shall reconvene in public session to vote on the

matter.

XXV. GROUP HEARINGS FOR SUSPENSION OR EXPULSION

When two or more students are charged with violating the same rule and have acted in concert and the

facts are basically the same for all such students, a group hearing may be conducted for them if the

Board believes the following conditions exists:

1. A group hearing will not likely result in confusion.

2. A student will not have his/her interest substantially prejudiced by a group hearing.

If during the hearing, the Board finds that a student’s interest will be substantially prejudiced by the

group hearing, a separate hearing may be ordered for that student. A student or student’s parent or

guardian may request that hearing with the Board or committee of the Board be private.

XXVI. COMPLAINT RESOLUTION PROCEDURES

A. Education Equity or Sexual Harassment

1. PURPOSE:

The purpose of the Educational Equity or Sexual Harassment Complaint Procedure is to afford

an opportunity to seek redress for any real or perceived problem in the area of:

Title VI (Race) of the Civil Rights Act of 1964

Title IX (Sex) of the Educational Amendment Act of 1972

Section 504 (Disability) of the Rehabilitation Act of 1973

Sexual Harassment

2. WHO MAY REGISTER A COMPLAINT?

Complaints concerning equity or harassment, as indicated in the Purpose section, may be made

by students, parents, legal guardians, employees and any concerned citizen.

3. WHEN IS A COMPLAINT REGISTERED?

A complaint may be registered by anyone listed in # 2 above when a question concerning equity

or harassment relative to the areas listed in the Purpose section 1 cannot be resolved at the

individual school level.

4. PROCEDURE FOR REGISTERING A COMPLAINT:

An equity or harassment complaint by anyone listed in # 2 above when a question concerning

equity or harassment relative to the areas listed in the Purpose section cannot be resolved at

the individual school level.

Fort Smith Public School District

Equity and/or Title IX Coordinator

P.O. Box 1948

Fort Smith, AR 72902-1948

Reporting may be in person, by mail, by telephone, or by email using the contact information

listed for Equity Coordinator or the Title IX Coordinator. Such a report may be made any time,

including during non-business hours, by using the telephone number or email address or by

mail to the office address.

Definitions:

‘Complainant’ – an individual who is alleged to be the victim of conduct that could be an issue

by anyone listed in the Purpose section.

‘Decision maker’ – an individual who makes the determination regarding responsibility with

findings of fact, conclusions, about whether alleged conduct occurred, rationale for the result as

to each allegation, any disciplinary sanctions imposed on the respondent, and whether

remedies will be provided to the complainant. The decision maker cannot be the Equity and/or

Title IX Coordinator.

5. PROCEDURE FOR HANDLING COMPLAINTS:

Within seven (7) working days after receipt of a complaint, the Equity and/or Title IX Coordinator

will appoint a committee composed of a parent, a principal, a teacher, a central office

administrator, and a student when appropriate. The central office administrator will act as the

chairperson of the Hearing Committee. The chairperson may conduct the hearing or ask

another committee member to do so.

The Committee will hold a hearing with the complainant within fourteen (14) working days of the

receipt of the complaint. The hearing will be limited to involved parties only. Live hearings may

be conducted with all parties physically present in the same geographic location or, at the

school’s/district’s discretion, any or all parties, witnesses, and other participants may appear at

the live hearing virtually. Schools/district must create an audiovisual recording, or transcript, of

any hearing.

The complainant and the Committee shall have an opportunity to present evidence, question

parties involved, and bring in witnesses.

The decision-maker (who cannot be the same person as the Equity or Title IX Coordinator or

the investigator) must issue a written determination regarding responsibility with findings of fact,

conclusions about whether alleged conduct occurred, rationale for the result as to each

allegation, any disciplinary sanctions imposed on the respondent, and whether remedies will be

provided to the complainant. The written determination must be sent simultaneously to the

parties along with information about how to file an appeal within thirty (30) working days of

receipt of the complaint.

6. APPEAL:

The complainant shall have the right to appeal the decision of the decision maker to the Board

of Education by notifying the President. The appeal must be submitted in writing or audio

recording within fifteen (15) working days of receipt of the decision maker’s decision. Written

appeals must be dated and signed. Taped appeals must include date recorded and the

identification of the appealing party.

The President of the Board of Education will convene a meeting of the Board within fifteen (15)

working days of receipt of the appeal. At least four (4) members of the Board must be present at

the meeting. The appealing party and the Board each have the right to present evidence,

question parties involved and bring in witnesses. The Board will make a decision based on the

evidence presented at the meeting. The decision will be in writing, and copies will be sent to the

appealing party, the Superintendent, the appropriate principal, and the Equity and/or Title IX

within ten (10) working days of the hearing.

7. SUBSEQUENT APPEALS:

The complainant has a right to appeal the decision of the Board of Education. Further appeals

must be submitted to the State or Federal agency charged with responsibility in the area

covered by the complaint.

8. ADDRESSES AND PHONE NUMBERS:

Fort Smith Public School District

Equity and/or Title IX Coordinator

P. O. Box 1948, Fort Smith, AR 72902-1948 (479) 785-2501, Ext. 1207/1208 Arkansas

Equity Assistance Center

#4 Capitol Mall – Room 402A Little Rock, AR 72202-1071 (501) 682-4213

B. Federal Funds

Complaints related to district use or administration of federal funds generated through specific

programs identified by the Arkansas Department of Elementary and Secondary Education

(DESE) and authorized in the Elementary and Secondary Education Act (ESEA) may be taken

directly from a patron or by referral from the Arkansas Department of Elementary and

Secondary Education (DESE). If taken directly from a patron, the complaint may be submitted

by either a signed statement or by a certified, recorded deposition or statement in which the

complainant is identified.

Complaints related to use of federal funds shall be addressed in the following manner:

1. The complaint shall be referred to the Director of Student Achievement and

Accountability, who shall assemble a team of not less than three people (the Director,

one administrator, and one teacher) to investigate the complaint.

2. Throughout the investigation, sufficient notes and records will be taken and maintained

to substantiate the findings of the investigation.

3. The team will interview the complainant and others as necessary to enable the team to

make a determination of the validity of the complaint. The team may consult with

individuals with knowledge or expertise in the matter which is the subject of the

complaint to include legal counsel.

4. The investigation of complaints referred by the DESE shall be completed within 30

working days of receipt of the complaint unless a longer time period has been approved

by the DESE.

5. The investigation of complaints made directly to the district shall be completed within 40

working days unless there are extenuating circumstances; in such case, a preliminary

report shall be made within 40 working days of receipt of the complaint, which shall

include an explanation of the unusual circumstances requiring additional time to

complete the investigation.

The report of the conclusions of the investigation shall be given to the complainant, to the

superintendent of schools, and to the DESE if the complaint was a referral from the DESE. It

shall contain a summary of the allegations of the complaint, a summary of the investigative

actions taken by the team, a summary of the findings concerning each alleged violation or

implied violation, a statement of corrective actions needed to resolve the issues involved in each

allegation and finding of complaint.

Immunization Checklist

Reference Section III, J, pages 21-22

KINDERGARTEN AND GRADE 1

Diphtheria, Tetanus, Pertussis (DTP/DT/Td/DTap/Tdap) — 4

doses (with one dose on or after 4th birthday)

Polio - 3 doses (with one dose on or after 4th birthday)

Measles, Mumps, and Rubella (MMR) — 2 doses (with all doses on

or after 1st birthday)

Hepatitis B — 3 doses

Varicella — 2 doses (with all doses on or after 1st birthday)

Hepatitis A — 1 dose on or after 1st birthday: Required for students

in Kindergarten and Grade 1

GRADE 2 – GRADE 12

All shots required for Kindergarten and Grade 1 except Hepatitis A. In

addition:

at Age 11:

TDap — 1 dose (all students ages 11 and older on September 1)

at Grade 7:

Meningococcal (MCV4) — 1 dose

at Age 16:

Meningococcal (MCV4) — OR

• 1 dose (booster - at age 16 as of September 1)

• 1 dose (if first dose is administered at age 16 or older)