Board Policy Guide, Section II

ACCOUNTABILITY

       2.1  Attendance

       2.2  Age of Enrollment

       2.3  Admission Procedures

       2.4  Admission Foreign Exchange Students

       2.5  Admission From Home Schools

       2.6  Admission of Homeless Students

       2.7  Waiver Policy

       2.8  Drop Out/Withdrawal

       2.9  GED Rules

       2.10  Student Accounting

       2.11  Compulsory School Attendance

2.12  Middle School Feeder Policy 

(Note:  Numbers 2.13 through 2.19 reserved for future policies)

SAFETY

         2.20  Health/Wellness/Prevention

         2.21  Law Enforcement

         2.22  Chemical Abuse

         2.23  Search and Seizure

         2.24  Student Restraint and Seclusion

         2.25  Theft and Vandalism

         2.26  Gangs and Gang Activity

         2.27  Weapons on School Property

         2.28  Non-Discrimination and Sexual Harassment

       2.29  Harassment Based on Race Color, Religion, National Origin,Sex, Age, Disability

         2.30  Violence, Intimidation, Hostile and Offense Conduct

         2.31  Sexual Harassment to Students

       2.32  Threats to Students and Staff

       2.33  Sex Offender Registration and Notification Act

       2.34  Release of Students During the School Day

       2.35  Parental Custody

       2.36  Video Surveillance Policy

(Note:  Numbers 2.36 through 2.39 reserved for future policies)

RESPONSIBILITIES

         2.40  Student Rights and Responsibilities

         2.41  Family Education Rights and Privacy Act

         2.42  Student Vehicles

         2.43  Closed/Open Campus

         2.44  Dress Code

         2.45  Student Fees, Fines and Charges

        2.46  Field/Activity Trips

         2.47  Student Transportation

         2.48  Activity Transportation

         2.49  Student Accident Insurance

         2.50  Public Information Dissemination

       2.51  Student Handbooks

(Note:  Numbers 2.52 through 2.55 reserved for future policies)

HEALTH

         2.56  Immunization and Health Program

         2.57  Student Health Records

         2.58  Medications

         2.59  Nursing Report

         2.60  First Aid

         2.61  Self-Mutilation

         2.62  Communicable Diseases

         2.63  Absence Due to Illness, Injury or Pregnacy

         2.64  Child Abuse and Neglect

       2.65  Concussion Management Policy and Concussion Management Protocol

ACCOUNTABILITY

2.1 ATTENDANCE

2.1.1 The Farmington Municipal Schools Board of Education shall provide attendance guidelines that adhere to state statutes.

A. Except as otherwise provided, a school-age person shall attend public school, private school, home school or a state institution until the school-age person is at least eighteen (18) years of age unless that person has graduated from high school or received a general educational development certificate.  A parent may give written, signed permission for the school-age person to leave school in case of hardship approved by the local superintendent.

B. A school-age person subject to the provisions of the Compulsory School Attendance Law shall attend school for at least the length of time of the school year that is established in the school district in which the person is a resident or the state-chartered charter school in which the person is enrolled and the school district or state-chartered charter school shall not excuse a student from attending school except as provided in that law or for parent-authorized medical reasons.

C.  Any parent of a school-age person subject to the provisions of the Compulsory School Attendance Law is responsible for the school attendance of that person.

D.  The local school board shall enforce the provisions of the Compulsory School Attendance Law for students enrolled in their respective schools.

E.  For further explanation see Section 2.11.1 of Board Policy 

Adopted:  12/93

Last Revision:  4/13/17

2.2 AGE OF ENROLLMENT

The Board of Education is committed to ensuring all schools in the Farmington Municipal School District comply with the state laws governing the age of enrollment for students.

A.     Special Preschool:  Children receiving special education services may be admitted to a special preschool program.  Children must be at least three (3) years of age upon entering special preschool.

B.     Pre-Kindergarten:  Children admitted to the Pre-Kindergarten (Pre-K) program in Farmington Schools must be at least four years old prior to 12:01 a.m. on September 1 of the year of enrollment.   Program is only available in Title One Schools and only if funding is received from the Public Education Department.

C.     Kindergarten:  Children admitted to the kindergarten program in the Farmington Schools must be at least five (5) years old prior to 12:01 a.m. on September 1 of the year of enrollment.

D.     First Grade:  Children admitted to a first grade program must be six (6) years old prior to 12:01 a.m. on September 1 of the year of enrollment or they have successfully completed a year of accredited public or private kindergarten or transferred from an accredited public or private school first grade program.

Adopted:

Last Revision:  4/13/17

2.3 ADMISSION PROCEDURES

2.3.1       Upon initial enrollment in the Farmington Municipal Schools, parents/guardians must meet the following criteria:

A.     Utilizing InfoSnap, complete the New Student Enrollment Information form, health form, FERPA form, Release of Information from, Parent Consent form and home language survey.

B.     Present proof of student’s date of birth to meet the age requirement.  Acceptable documents are birth certificate, physician’s records, passport/visa or previous school record.

C.     Present up to date immunization records or evidence they are in compliance with immunization requirements under New Mexico Administrative Code (NMAC 7.5.2) If unavailable, the student will be enrolled and referred to the District Nursing Coordinator to assist the family in attaining the documentation.

D.     Present evidence of home address to determine home attendance zone:

1.    Homeowner – acceptable document is current property tax bill or a current utility bill.

2.    Renter – acceptable document is current rental lease; if lease is over 1 year old, copy of lease and current utility bill.

3.    Shared Housing – acceptable documents are a copy of current property tax bill of homeowner with whom student and parent are living or a copy of rental lease (if lease is over 1 year old, copy of lease and current utility bill) of renter with whom student and parent are living; and at least two supporting documents.

4.    Homeless McKinney Vento

5.    Check out sheet from previous school if available.

E.     Students enrolling after the first four weeks of a semester may have an entrance interview with the building principal before final enrollment.

F.     Upon enrollment, parents shall provide all accurate and pertinent information relating to the student to include but not limited to:  name, address, phone, medical conditions, custody orders, and restraining orders.  It shall be the parents’ responsibility to immediately notify the appropriate school personnel of any demographic changes.

2.3.2 ADMISSION OF NON-RESIDENT STUDENTS

Before admitting students who live in other districts, the following procedures must be applied:

A.     Prior to final approval, students enrolling will require the receiving principal or designee to: 

1.    Have a completed waiver request form on file (Board Policy 2.7)

2.    determine student status and space availability

3.    ensure the student is in good standing from the previous district

4.    If student is long-term suspended, the receiving principal (for elementary age students) or Waiver committee (Middle School and High School age students) will determine whether or not the student’s waiver is honored

5.    for special education students, confer with the Director of Special Education to determine if placement is appropriate and services are available.

2.3.3       ADMISSION OF CURRENT STUDENT OF THE DISTRICT TO A NEW SCHOOL WITHIN THE DISTRICT

Upon enrollment to a new school within the district, parents must:

A.    Present evidence of home address to determine home attendance zone:

1.    Homeowner – acceptable document is current property tax bill or a current utility bill.

2.    Renter – acceptable document is current rental lease; if lease is over 1 year old, copy of lease and current utility bill.

3.    Shared Housing – acceptable documents are a copy of current property tax bill of homeowner with whom student and parent are living or a copy of rental lease (if lease is over 1 year old, copy of lease and current utility bill) of renter with whom student and parent are living; and at least two supporting documents.

4.    Homeless McKinney Vento (See 2.5 Below)

5.    Request and receive approval of waiver per Board Policy.

Adopted:

Last Revision:  4/13/17

2.4 ADMISSION OF FOREIGN EXCHANGE STUDENTS

The Farmington Board of Education recognizes the benefits derived from the placement of foreign exchange students in our school programs.  The district believes strongly that the exchange of students will increase the understanding among peoples of the world.

A foreign exchange student is a non-immigrant secondary student between the ages of 15 and 18 entering the Farmington Municipal School District under the sponsorship of an approved foreign exchange organization.  The period of enrollment may range from one full semester to a maximum of one academic year.

A.     Foreign exchange students entering Farmington Municipal Schools must comply with the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

B.     The administration will establish consistent guidelines and procedures to ensure that the acceptance and placement of foreign exchange students in our schools will be a beneficial experience for all involved.

Adopted:

Last Revision:  4/13/17

2.5 ADMISSION OF HOMELESS STUDENTS

The purpose of this policy is to provide procedures for the identification and enrollment in school of homeless students from Farmington so as to maintain a stable educational environment by minimizing the effect of mobility on academic achievement whenever feasible. FMS policies, regulations and procedures should not be applied to act as a barrier to the enrollment of homeless students.

Homeless students shall have all programs, services and transportation that other students enjoy.  Also, any student considered to be on a homeless situation, may continue to attend the school of origin and receive all services for which he/she is eligible.

Homeless is defined as: Individuals who lack a fixed, regular, and adequate night time residence, whether or not the temporary housing is located in Farmington and who are otherwise eligible for educational services from FMS (students living in a public or private place not designed for ordinarily used accommodations for human beings; cars, parks, public spaces, abandoned buildings, substandard housing, bus stations or similar settings).

Adopted:

Last Revision:  4/13/17

2.6 ENROLLMENT FROM HOME SCHOOLS/
NON-ACCREDITED SCHOOLS

A.    Students enrolling from home schools or non-accredited schools must meet the local and state enrollment requirements.

B.    A system of evaluation of current grades earned or level of attainment will be determined by the school district (See Sec. 3.26). Prior to enrolling a home school student in grades 9-12 a parent/guardian shall meet with the Director of Curriculum to review the request and ensure appropriate enrollment.

C.    Participation in the interscholastic activities program is subject to FMS and NMAA residency and eligibility rules and guidelines.  See Section 3.23

Adopted:

Last Revision: 4/13/17

2.7 OPEN ENROLLMENT

2.7.1   Students in the Farmington Municipal School District will normally attend the school in the zone where the parent or legal guardian lives.  The administration and Board of Education have established the following conditions and priorities for other students who wish to attend a school outside their established attendance zone (pursuant to NMSA 22-1-4).  The Open Enrollment Act requires that a free public school education be available to any school-age person who is a resident of New Mexico and who has not received a high school diploma or its equivalent.  This policy does not apply to students who are not New Mexico residents.  The Board retains the discretion to determine whether the school district has sufficient accommodations to offer enrollment to students who are not New Mexico residents.        

2.7.2  Staffing patterns; class load; teaching load

A.      The individual class load for elementary school teachers shall not exceed twenty students for kindergarten, provided that any teacher in kindergarten with a class load of fifteen to twenty students shall be entitled to the assistance of an educational assistant.

B.      The average class load for elementary school teachers at an individual school shall not exceed twenty-two students when averaged among grades one, two and three; provided that any teacher in grade one with a class load of twenty-one or more shall be entitled to the full-time assistance of an educational assistant.

C.      The average class load for an elementary school teacher at an individual school shall not exceed twenty-four students when averaged among grades four, five and six.

D.      The daily teaching load per teacher for grades seven through twelve shall not exceed one hundred sixty students, except the daily teaching load for teachers of required English courses in grades seven and eight shall not exceed one hundred thirty-five with a maximum of twenty-seven students per class and the daily teaching load for teachers of required English courses in grades nine through twelve shall not exceed one hundred fifty students with a maximum of thirty students per class.

E.      Students receiving special education services integrated into a regular classroom for any part of the day shall be counted in the calculation of class load averages.  Students receiving special education services not integrated into the regular classroom shall not be counted in the calculation of class load averages.  Only classroom teachers charged with responsibility for the regular classroom instructional program shall be counted in determining average class loads.  In elementary schools offering only one grade level, average class loads may be calculated by averaging appropriate grade levels between schools in the school district.

F.      Class load limits provided for in this section do not apply to band or music classes or athletic electives.

G.      The state superintendent [secretary] may waive the individual school class load requirements established in the section   Waivers shall be applied for annually and a waiver shall not be granted for more than two consecutive years.  Waiver may only be granted if a school district demonstrates that:

(1) no portable classrooms are available;

(2) no other available sources of funding exist to meet its need for additional classrooms;

(3) the school district is planning alternatives to increase building capacity for implementation within one year; and

(4) the parents of all children affected by the waiver have been notified in writing:

(a) of the statutory class load requirements

(b) that the school district has made a decision to deviate from these class load requirements; and

(c) of the school district plan to achieve compliance with the class load requirements.

H.      If a waiver is granted pursuant to Subsection G of this section to an individual school, the average class load for elementary school teachers at the school shall not exceed twenty students in grade one and shall not exceed twenty-five students when averaged among grades two, three, four, five and six.

I.      Each school district shall report to the department the size and composition of classes subsequent to the fortieth day and the eightieth day count.  Failure to meet class load requirements within two years shall be justification for the disapproval of the school district’s budget by the state superintendent [secretary].

J.      The department shall report to the legislative education study committee by November 30 of each year regarding each school district’s ability to meet class load requirements imposed by law.

K.      Notwithstanding the provision of Subsection G of this section, the state board [department] may waive the individual class load and teaching load requirements established in this section upon a demonstration of a viable alternative curricular plan and a finding by the state board that the plan is in the best interest of the school district and that, on an annual basis, the plan has been presented to and is supported by the affected teaching staff.  The department shall evaluate the impact of each alternative curricular plan annually.  Annual reports shall be made to the legislative education study committee.

L.      Teachers shall not be required to perform non-instructional duties except in emergency situations as defined by the state board [department].  For purposes of this subsection, “non-instructional duties” means noon hall duty, noon ground duty and noon cafeteria duty.

2.7.3 Per Legislature 2013:  Providing Flexibility to School Districts to Meet State Fiscal Solvency Requirements.  22-1-10 Waiver of Requirements-temporary provision.  The Legislature finds that funding constraints require school districts to have financial flexibility to meet increased state educational requirements.  The secretary may waive requirements of the Public School Code and rules promulgated in accordance with that code pertaining to individual class load, teaching load, length of school day, staffing patterns, subject areas and purchase of instructional materials.  The department shall monitor such waivers, and the secretary shall report to the legislative education study committee and the legislative finance committee on any issues or actions of a school district that appear to adversely affect student learning.

2.7.4   The Open Enrollment Act does not cover preschool enrollment and those class sizes will remain as per State Standard requirements.

2.7.5   A waiting list shall be established for students requesting to attend a school outside of their attendance zone if the waiver request has been denied due to space availability. Students not approved for a waiver from this list will remain in the home attendance zone school and a new waiver request must be submitted annually.

2.7.6  First priority students shall be enrolled at any time during the school year, even if their enrollment causes class size maximums to be exceeded.  However, in the event that local class sizes would exceed the State Standard maximums, the district would then proceed with the specific remedies for exceeding class size as per applicable by State Regulations.

Priority Placement in a school:

1.    Students in attendance zone

2.    Full-Time District Employees (using worksite address)

3.    Sibling of a student(s) currently attending school on a district approved waiver and whose renewal waiver has been approved for the upcoming school year per board policy.

4.    Undue hardship/ safety/health – An explanation letter needs to be submitted with the waiver request form (i.e. health requires doctor letter).

2.7.7  A student initially enrolled as a first priority student on the basis of residency may be disenrolled if the student is found to have provided invalid residency information or has not complied with conditional enrollment requirements.  The district will comply with the procedures in NMAC 6.10.4.7 through 6.10.4.9 in determining whether a student’s enrollment is valid. If student’s enrollment on the basis of residency is found to be invalid, but is otherwise eligible to enroll, the student may reapply as an out-of-district student in a second or third priority.  Enrollment other than first priority students shall be on the basis of space and program availability subject to local class size.  Enrolled students may have the waiver revoked for serious infractions of discipline policies, lack of attendance or academic concerns.

2.7.8  WAIVER TRANSFER POLICY

It is the policy of the Board of Education of Farmington Municipal Schools to encourage enrollment in the most appropriate educational setting for each student.  The intent is for all students to attend their attendance zone schools unless there are circumstances that are not in the best interest of individual students and parents deem it necessary to request a transfer to another in district school. The District waiver policy does not include Rocinante, San Juan College High School and the Northeast Elementary and Hermosa Middle School Family Partnership Program as admission to these schools/programs are through an application process. A student may receive only one waiver transfer per year. Each application will be screened and considered on an individual basis based on available space by building, grade, class, or program. Applications may be denied. And waivers approved may be revoked, to those students who have committed serious infractions of the law or school rules, or have been found guilty of chronic misbehavior which would, if it were to continue, endanger persons or property, cause serious disruption in the school, or place unreasonable burdens on school staff.

2.7.9  NEW WAIVERS

Waiver forms for students grades K-12 will be available to parents and must be submitted to the Office of the Deputy Superintendent between January 1 and April 30 of the current school year for enrollment in the upcoming year. A waiver request when transitioning from elementary to middle school or middle school to high school is not considered a renewal. When a child advances from elementary to middle school, or middle school to high school, a new waiver request is required.

Students are to enroll in their home attendance zone school. If the waiver is approved, the student may then disenroll from the home attendance zone school and enroll in the waiver approved school.  As openings become available, students who are on a waiting list will be invited to enroll.

Any new waiver requests for the current school year received between the first day of school and February 1st, will be reviewed on a case-by-case basis. If approved, it may be determined that the change in enrollment will occur at the end of the current 9-week grading period. Waivers submitted after February 1st will be considered as new requests for the following school year.

Waiver approval or denial forms will be sent to the parent/guardian requesting consideration in a timely manner.

The district makes every effort to provide highly qualified staff, the same programs in each building and the same opportunities for success. No waivers will be considered for athletics or activities. The Farmington Municipal Schools Board of Education strongly believes in neighborhood schools, every effort will be made to have students play where they live in sports and activities.

Waiver Process – facts that may affect waiver approval for any request include:

1.      Current capacity, class size and school growth patterns

2.      Safety issues

3.      A student’s prior disciplinary history

4.      Acceptable attendance patterns, grades and credits at the current school (grades 10-12)

Since enrollment projections dictate staffing patterns, master schedules and other school plans for the next year, the waiver process will be started as soon as possible.

Waiver Approval Process

All new waiver requests will be reviewed and acted upon through the Office of the Deputy Superintendent. Waiver requests will be reviewed after the submission timeline. Waivers will not be approved for the upcoming school year prior to the end of the submission timeline. Due to projections for Kindergarten, Kindergarten waivers may be delayed until the start of the school year.

2.7.10  RENEWAL OF WAIVERS

All renewal waivers, grades k-12, will be reviewed annually and acted upon by the end of May by the building Principal.

A waiver may be revoked as a result of current school capacity, safety issues or student attendance, academic and/or behavior concerns. Efforts will be made to revoke the waiver effective at the end of the current semester, but may be revoked upon signature of the Deputy Superintendent or designee if in the best interest of the student.

2.7.11  TRANSPORTATION

Transportation for Farmington Municipal School students is provided only to students enrolled in their designated schools.  It is the responsibility of parents/guardians to provide transportation if their child(ren) are waivered to an out-of-zone school.

2.7.12  ELEMENTARY WAIVERS

Elementary (K-5) initial waiver requests will be submitted to the Office of the Deputy Superintendent and will be processed in the same manner as new requests for grades 6-12. Renewal waivers will be submitted to the building principal for consideration of renewal

2.7.13  APPEALS PROCESS

Within ten (10) days of a written denial, a parent or guardian may appeal to the Committee for reconsideration.  An opportunity to present their case may be provided. 

2.7.14  SPORTS AND ACTIVITY ELIGIBILITY

Eighth (8th) grade students may participate at their home high school after play ends at middle schools. Eighth (8th) grade students may participate at their home high school attendance zone in sports and activities not offered at the middle schools.  All NMAA rules are followed in regards to participation in sports and activities unless district policy establishes local guidelines.

(8th grade students who are on waiver as child(ren) of an employee may participate at the high school of the feeder middle school in which they attend. If the employee waiver is not approved to the participating high school as a 9th grader, all NMAA rules apply regarding transfer students).

If a waiver is revoked or the student chooses to return to their home attendance zone high school, the student is designated a transfer student and is ineligible for varsity participation for 180/365 days.

High School Student Residence Requirements for Athletic/Activity Eligibility

A.      An incoming ninth grade student, or an eighth grade student who participates at the high school level, will have made his/her Open Enrollment Choice.  The Open Enrollment Choice can be to attend a school within the attendance zone of his/her primary residence or attend a school outside the attendance zone of his/her primary residence with an approved transfer.

1.     An incoming ninth grade student, upon his/her initial enrollment in ninth grade, will have an Open Enrollment Choice to enroll in a member public, private, tribal, independent, parochial, charter or alternative school.

2.     An eighth grade student who participates in high school athletics, at any level of competition, will make his/her Open Enrollment Choice at the eighth grade.

B.      The Open Enrollment Choice will allow the s tudent to be eligible immediately at all levels of competition

C.      If a student with his/her Open Enrollment Choice as an incoming ninth grader chooses to enroll in a school outside the attendance zone of his/her primary residence, the student will NOT be classified as a transfer student.  The student must follow the Open Enrollment process as established by his/her local school district.

D.     If a student changes schools after the Open Enrollment Choice, he/she will be classified as a transfer student.  All transfer rules would then apply. (See 6.5 NMAA Rules)

E.     Failure to follow the approved local school district Open Enrollment process or providing false information to the school for enrollment purposes will result in the following:

1.      The student is suspended from participation immediately.

2.      Once the student achieves an approved Open Enrollment to the school of his/her Open Enrollment Choice, he/she will be ineligible for 180 school days/365 calendar days from the time of the approved enrollment

For more information concerning interscholastic sports/activities and open enrollment, please visit the NMAA Handbook at http://www.nmact.org.

2.7.15  CONSEQUENCES FOR FALSIFYING INFORMATION

If any information on the waiver is found to be false, the waiver will be revoked and the student will be ineligible for participation for 180 school days at any level.  The student and their siblings will also not be eligible for a waiver for the remainder of their education.

If a student or their parent gives false information to the school in order to avoid the waiver process, that student and their siblings will be sent to the school in their attendance zone and the student and their siblings will be ineligible for participation in any sports or activities for 180 school days at any level.  The student and their siblings will also not be eligible for a waiver for the remainder of their education.

2.7.16  FULL-TIME EMPLOYEES (employed a minimum of 30 hours a week)

Parents/guardians who are employees of the Farmington Municipal School District and employed full-time are eligible to request a waiver to the school in which they are assigned employment or to a school within the attendance zone of the work address. Employees contracted as independent contractors or though outside agencies are not considered FMS fulltime employees.

If a Farmington Municipal Schools full-time employee has multiple worksites, they will be allowed to use the address of the district office for which they work, or if split between schools, employee may use the address of a school in which they are assigned.

If a Farmington Municipal Schools full-time employee has been reassigned by the district and their student has been attending a school on an employee waiver, they will be allowed to use the address of the school from which they were originally employed. The decision to use the employee waiver at the new school or stay at the previous employed school will need to be made in the year of the change. This only applies to district mandated changes and not voluntary transfers by the employee.

A waiver is not guaranteed because of employment.

Once an employee waiver has been approved and the student meets the requirements to continue on the waiver (K-5; 6-8; 9-12), an annual review and renewal will be completed by the building principal.

When an employee’s child moves from elementary to middle school or middle school to high school a new waiver must be completed and approved by the District Waiver Committee.

It is the parent/employee prerogative to enroll their children in their attendance zone as well.

If a student who has been utilizing an employee waiver to attend a school outside of their home attendance zone transfers back to the home attendance zone school, student is then considered a transfer and all transfer rules, including NMAA, will apply.

Employee waivers must be submitted between January 1st and April 30th.  (If new employee, acted upon per submittal of request.)

2.7.17  DEFINITION OF TERMS:

Annual:  Every new school year.

Appeal:  A petition for review of a waiver decision that has been made by the Waiver Committee.

Eligibility:  Meeting all requirements and qualifications to participate in athletics or activities.

Enrollment Choice:  Refers to the opportunity for 9th graders to choose the high school of their choice without being sanctioned for participation in NMAA activities and athletics if they have not participated at their home high school in the 8th grade.  If they participated at their home high school in the 8th grade, they will only be allowed to participate in sub-varsity (waiver policy must be followed).

Full-time Employee:  A parent/guardian employed by the District a minimum of 30 hours per week on a district contract.

Good Standing:  (a) 2.0 GPA; (b) no more than one (1) F; (c) no more than 14 total absences for the year; (d) no major offense, i.e. drugs and alcohol, weapons, or great bodily harm; (e) no more than two middle type disciplines (OSS type); and (f) no more than four referrals.

Guardianship: A legal relationship created when a person is assigned by the court to take care of minor children.  In the case of short-term guardianship, the school district requires an attorney-drafted caregiver’s affidavit, health care power of attorney, and a medical information document incorporated with your guardianship form.  The guardian must have legal authority to make all decisions, execute all documents and grant permission regarding the child(rens) education, including but not limited to school enrollment, school and extra-curriculum activities, school trips and school conferences.  Short-term guardianship documents must designate the length of time of guardianship.  Power of Attorney Guardianship does not qualify for NMAA eligibility.

Hardship:  An unforeseeable, unavoidable and uncorrectable act, condition or event that causes the imposition of a severe and non-athletic burden upon the student or his/her family.

Residence:  The domicile that is used by the parent/guardian that is secured by a signed purchase agreement, deed of trust or rental agreement as the address for mail, telephone, registration for voting and attendance zone for other school aged family members.

Review Committee:  A group composed of the Deputy Superintendent, sending and receiving principals, Director of Curriculum and receiving school counselor or registrar.

Revocation:  Nullification or withdrawal of a previously approved waiver as a result of problems with attendance, academics or behavior.

Undue Influence (following a coach):  Influence by any person directly or indirectly (i.e. booster clubs) associated with a school to secure or encourage the attendance of a student for any activity sanctioned by the NMAA.

For more information and Q&A concerning interscholastic sports/activities, please visit the NMAA handbook at http://www.nmact.org.

Waiver/Transfer: To move from your designated school to a school outside the zone of residency.

2.7.18  When parents move from one school attendance zone to another, it is the responsibility of the parent/guardian to inform the school of such a change in residency. A parent/guardian may request through the waiver process, that the student(s) remain in their current school if the student has already been attending the school and the change in residency occurs in the summer, or after the school year has begun. The building principal will determine if the student may continue attending based on the students being in Good Standing. In any case, if the student is to transfer to the new attendance zone school, it is best to transfer the student at the end of the current semester.

2.7.19  Attendance zone boundaries will be periodically studied by a Board appointed committee.  The Committee will make recommendations to the administration for later approval by the Board.

2.7.20 NEW Admission and Revocation Standards

A student who has been expelled by any school district or who is not in compliance with a condition of disciplinary action imposed by any other school or school district or with a condition imposed by the juvenile court shall not be admitted. Acceptance of enrollment may be revoked upon finding the existence of any of these conditions.

2.7.21 – 2.7.23 Will remain available for future policies

2.7.24  Hearing and Appeal of Denial of Enrollment or of Re-Enrollment

A student or the student’s parents may appeal a denial of enrollment or of re-enrollment through the Office of the Deputy Superintendent if the denial is based upon the student’s prior expulsion from another New Mexico school district within the preceding twelve-month period.  The admission of evidence of such expulsion shall shift the burden of proof to the student or parents to show that the student should be admitted despite such expulsion.

In proceedings regarding denials of enrollment under all other priorities listed above, the burden of sustaining the denial shall remain with the school.  A meeting may be requested with the Deputy Superintendent/Designee and the building Principal to hear the appeal against the denial of enrollment.

A parent has fifteen (15) workdays from the date of the transfer denial to request a meeting by submitting a copy of the transfer request and a written statement outlining their reason(s) for disagreeing with the denial.  Within five (5) days of receipt of the request for a hearing the Deputy Superintendent/Designee will schedule a meeting with the parents and the building principal and hear the appeal.  Within five (5) days of the appeal hearing the Deputy Superintendent/Designee will give a written decision.

The decision of the Deputy Superintendent shall be final.

Adopted:  8/9/12

Last Revision:  7/18/18

2.8 DROPOUT/WITHDRAWAL

2.8.1  Students Who Withdraw or Drop-Out

The building Principal is responsible for monitoring and reporting students who withdraw or drop-out of school.  Specific reasons for students who drop-out or withdraw include:  attendance problems, expulsions, changes in residence, and transfers. All textbooks and other school properties must be returned by the student before disenrollment is complete. 

Parents are expected to pay for school property that has been lost or damaged.

Whenever possible, the Principal will hold an exit interview to determine the reason (s) for withdrawal or dropping out.  The reason (s) will be noted as part of the student (s) record.  Parents or guardians may be asked for a photo ID.

Adopted:

Last Revision:  4/13/17

2.9 GED RULES

Any individual whether or not a New Mexico resident, who is at least 16 years of age, has not graduated from an accredited high school and who is not currently enrolled in an accredited high school is eligible to take the GED tests.

Any individual who seeks to withdraw from public school and take the GED before their 18th birthday will not be permitted to take the GED unless that individual:

1.    produces a signed letter of hardship from their parent or guardian that describes the reason for withdrawing from school prior to attaining 18 which must be by a reason of verifiable hardship.

2.    obtains written approval from the Superintendent or Superintendent’s designee to withdraw from school based upon the letter of hardship and supporting documentation.

Adopted:

Last Revision:  4/13/17

2.10 STUDENT ACCOUNTING

Attendance Accounting and Reporting

A.    Attendance Accounting:  Each Principal is charged with the duty of maintaining an accurate attendance record for all students enrolled in his/her school. This record shall be maintained in such manner as to meet the standards set by the Public Education Department.

B.    Attendance Reporting:  On specific dates following the close of each 20-day attendance period, the Principal will send accurate enrollment and attendance reports to the person responsible for STAR’s reporting and the Administrative Assistant for the Deputy Superintendent.

Adopted:

Last Revision:  4/13/17

2.11 COMPULSORY SCHOOL ATTENDANCE

2.11.1 Compulsory education is required for:

A.    Any student who is at least five (5) years of age prior to 12:01 a.m. on September 1 of the school year.

B.    Any student who has not graduated from high school.

C.    Any student who has not reached the age of majority (18 years).

The New Mexico Children’s Code provides that if a child has more than ten unexcused absences per semester, the child’s family may be designated a “family in need of services,” or a “family in need of court-ordered supervision.” A child of a parent who willingly and/or knowingly allowed habitual truancy by his or her parents may also be a “neglected child.” State law requires that schools report violations of the Compulsory School Attendance Law to the Probation Services Office of the judicial district in which the student resides for investigation to determine whether the student may be a neglected child or a child in a family in need of services, and thus subject to the provisions of the Children’s Code.  Violations of the compulsory school attendance laws can subject parents to criminal sanctions as provided by New Mexico law.  In addition to any other disposition, the Children’s Court may order the habitual truant’s driving privileges be suspended for a specified time not to exceed ninety days on the first finding of habitual truancy and not to exceed one year for a subsequent finding of habitual truancy.

2.11.2     Any person subject to compulsory education shall attend school for at least the length of the established school calendar year.

2.11.3     All registered students shall attend school at the public school in the district in which he/she resides during each school term. The Superintendent will make exceptions to this policy, except in cases of building transfers.  Requests for transfer from one attendance area to another must follow policy (Sec. 2.7) and are approved by the receiving school principal.

2.11.4     All secondary level students shall be in their scheduled classes all day, every day, Monday through Friday.  All absences require verification from a parent or guardian.

Maintaining regular school attendance is the joint responsibility of parents and educators.  In keeping with the obligation, the school will be required to take and maintain attendance by class period for every instructional day. Schools are required to report unexcused absences of two or more classes up to fifty percent of an instructional day as one-half day absence, and the unexcused absence of more than fifty percent of an instructional day to be counted as one full-day absence. The following rules for school attendance shall be observed and enforced for secondary students.

A.    Definitions

1.    Unexcused Absence:  an absence or tardy for which no appropriate excuse has been provided by the student’s parent or legal guardian within the time limits provided by this policy.  Special family situations may be considered appropriate for excused absence or tardy when prior approval is received from the principal or his/her designee. (See B.1)

2.    Students in Need of Early Intervention:  a student who has accumulated five unexcused absences within any school year.

3.    Habitual Truant:  a student who has accumulated ten or more unexcused absences within a school year.

B.    Attendance Requirements

1.    Parent Notification of Absence:  A parent or guardian shall notify the school each day his or her child will be absent from any class and the reason for the absence; or shall provide a written and signed verification of the reason for the student’s absence, to be presented upon the first day a student returns to school from any absence.  If a student has been absent for three (3) or more consecutive days due to illness, the principal or his/her designee may require written verification from the student’s professional health-care provider.  Any absence that goes 3 (three) school days without being verified will remain an unexcused absence.

2.    Prolonged Illnesses:  In cases of chronic or prolonged illnesses expected to last 10 days or more, during which the student is able to do school work, the student’s parent or guardian shall present written verification by the student’s professional health care provider of the expected length of the illness and of the student’s ability to do schoolwork at home, and the student shall be placed on home-bound study until he or she can return to school.

3.    Make-Up Work Missed; Grades: Following an excused absence, a student shall be given a reasonable time by his or her teacher within which to make up the work the student missed during the absence.  A student shall not be provided the opportunity to make up work missed during an unexcused absence.

At applicable grade levels, if an absence is unexcused, or if the student fails to make up the work missed during an excused absence within the time permitted, any work for which a grade was taken will be counted as a zero for such student in the teacher’s grade book, and averaged into the student’s grades for the relevant grading period.

4.    Discipline:  In addition to the other measures to be imposed according to this policy, students may receive detention, in-school suspension, or other discipline designed to keep the student in school and progressing academically, for each unexcused absence, at the discretion of the principal or his/her designee. Out-of-school suspension and expulsion will not be used as punishment for truancy or unexcused absences.

5.    Notice to Parents of Unexcused Absence:  If a student is absent from school without a parent notification of absence, as required by paragraph B.1, above, the principal or his/her designee will, as soon as practicable, contact the parents or legal guardians by telephone or mail to give notice of the student’s absence and to ascertain and document the reason for the absence.

6.    Third Unexcused Absence – Parent Conference Requested:  Upon a student’s accrual of a third unexcused absence, the school will provide written notice to the student’s parent or legal guardian that the parent/guardian may be requested to meet with the principal or his/her designee for the purpose of identifying the cause(s) of the unexcused absences, and to establish a plan to prevent future unexcused absences.  The plan will be confirmed in writing and signed by the principal and the parent or legal guardian during the conference.

7.    Fifth Unexcused Absence – Parent Conference and Notice to Probation Services Office:  Upon the student’s accrual of a fifth unexcused absence during the school year, the school may notify the student’s parent/guardian that he or she is required to attend a further conference to review the plan to prevent unexcused absences.

8.    Tenth Unexcused Absence/Notice and Reports of Truancy:  The school shall provide written notice of truancy by mail to, or by personal service to, the parent/guardian of the student.  The notice shall include a date, time and place for the parent to meet with the local school district or charter to develop intervention strategies that focus on keeping the student in an educational setting. If a student continues to accrue unexcused absences after written notice of truancy has occurred, (within seven days) the student shall be reported to the Probation Services Office of the judicial district where the student resides for an investigation as to whether the student may be considered to be:

a.     a neglected child

b.    a child in a family in need of services because of habitual truancy and subject to provisions of the Children’s Code.

c.     child of a parent determined to have willingly and/or knowingly allowed truancy and is therefore subject to the provisions of the compulsory school attendance law.

9.    Excessive and Pattern Absences:  Student absences may be monitored for patterns (i.e., every Monday or Friday), and reported as required herein.

10.   Distribution of Policy; Acknowledgment of Receipt: A copy of this policy will be included in the schools’ student handbooks and distributed to every student at the beginning of each school year.

11.   The school district shall report attendance in accordance with NMAC 6.10.8.10.        

2.11.5     Any student may be excused from school to participate in religious instruction for not more than one class period each school day under the following conditions:

A.    the student must provide the written consent of the parent;

B.    the time period must not conflict with the academic program of the school;

C.    the Board of Education has approved student participation in religious education.

2.11.6     Any parent, guardian or person having custody and control of a person subject to provisions of the Compulsory School Attendance law are responsible for the school attendance of that person.

2.11.7     Native American Students     

Farmington Municipal Schools works through the Office of Indian Education and the Navajo Nation to ensure we have an understanding of customs, religion, and laws, which might affect student attendance.

The District Attorney’s office and the San Juan County Truancy Task Force representatives communicate with Navajo Nation through the Indian Education Office, Johnson O’Malley and Chapter House meetings to ensure the District has respectful and effective ways to notify parents of Native American students in need of early intervention or who are habitually truant.

Farmington Municipal Schools Native American counselors at the secondary level are responsible for follow-up and reinforcement procedures for Native American students.

2.11.8     Attendance Policy for Students Charged with a Capital Crime

Any student charged with or convicted of a capital crime unrelated to his or her status as a student who wishes to continue his or her education may do so only according to the terms and conditions, and under the circumstances, provided herein:

A.    Any such student who wishes to continue his or her education during the pendency of his or her criminal proceedings must submit a written request to do so to the building principal;

B.    Upon receipt of such a request, the building principal shall develop and submit to the Superintendent for approval a plan to provide continued educational services to the student on an off-campus, homebound, or other alternative basis;

C.    Upon such approval by the Superintendent or his or her designee, the student shall be limited to the alternative educational plan until:

1.    he or she is acquitted of the charge or charges; or

2.    he or she is removed from or leaves the District.

2.11.9 Procedures for Enforcement

Each building will provide procedures and forms to use in their student handbooks for implementation of the district attendance policy.

2.12 MIDDLE SCHOOL FEEDER POLICY

Beginning with the 2013-2014 school year two middle schools will feed to each high school. 

  • Hermosa Middle School and Tibbetts Middle School will feed to Farmington High School
  • Heights Middle School and Mesa View Middle School will feed to Piedra Vista High School
  • Students on 8th grade waivers must play at home high school

Adopted:  8/09/12

Last Revision:  4/13/17

(NOTE:  Numbers 2.13 through 2.19 are reserved for future policies)  

SAFETY

2.20 HEALTH/WELLNESS/PREVENTION

The Farmington Municipal School District recognizes that a school environment that is physically, socially and psychologically healthful and encourages health-enhancing behaviors is essential to student success. Therefore, the FMSD promotes a safe and healthy place for students and employees to learn and work, with a climate that nurtures learning, achievement and growth of character.  

Pursuant to 6.12.6 NMAC and aligned with the New Mexico Public Education Department School District Wellness Policy Guidance Document (PED Guidance Document), the Farmington Municipal School District creates and adopts the components of a Coordinated School Health Model approach to student health and well-being implementing this quality wellness policy that adopts the New Mexico Public Education Department School District Wellness Policy Guidance Document, including Appendices A, B and C thereto (Wellness Policy), a copy of which is located at the Administration Building and each school site and FMS facility. Consistent with the Wellness Policy, FMS will:

A.    one or more persons within the school district, or at each school, as appropriate, charge with operational responsibility for ensuring that each school fulfills the district’s wellness policy.

B.    Establish School Health Advisory Councils.

C.    Develop goals for each of the following areas:  nutrition and nutrition education, physical education and activity, health education, behavioral health, school safety, health services and staff wellness and professional learning.

D.    Develop a plan for measuring the implementation and evaluation of the wellness policy.

Adopted:

Last Revision:  4/13/17

2.21 LAW ENFORCEMENT/OUTSIDE AGENCY

2.21.1     Law enforcement officers or staff member from any outside agency may not remove a student from school premises while the child is properly in attendance without permission of the student’s legal parent or guardian unless the student has attained majority age and consents to removal.  Where an enforcement officer has a warrant to detain a student or an order signed by a Children’s Court judge, removal of the student by the officials under such order is mandatory when presented to the principal.  There should be a good faith effort to notify the legal parent or guardian.

2.21.2     If the law enforcement officer requests (no warrant for detention) the right to question or subpoena a minor student on school premises, the request shall be honored only if: 

A.    the parent or guardian has been contacted and has approved;

B.    the parent or guardian has been given an opportunity to be present; and

C.    the student has been advised of his/her legal rights.

2.21.3     In cases involving children who are suspected victims of child abuse and/or child neglect, after properly verifying the identity of the public official, any school personnel or other person who has the duty to report child abuse pursuant to Section 32A-4-3 NMSA 1978, shall permit a member of a law enforcement agency, including tribal police officers or an employee of the Social Service Department to interview the child with respect to a report without the permission of the child’s parent, guardian or custodian.  Any person permitting an interview pursuant to this subsection is presumed to be acting in good faith and shall be immune from liability, civil or criminal, that might otherwise be incurred or imposed by law, unless the person acted in bad faith or with malicious purpose (NMSA 32A-4-5C).

2.21.4     None of the above shall be construed to prevent school authorities from seeking law enforcement assistance under extreme circumstances.

2.21.5     SCHOOL RESOURCE OFFICER:

The Farmington Police Department in conjunction with the Farmington Municipal Schools have an agreement to assign uniformed, full-time, certified police officers to the schools within the City of Farmington. The officers are considered School Resource Officers (SRO).

The SRO is first and foremost a law enforcement officer. Duties of an SRO include: promoting a positive image of the law; the importance of individual citizen responsibility; increase children’s understanding and respect for law enforcement; to interact with students, faculty, community, parents and civil leaders to promote positive school and community relations; promote an awareness of good safety practices through educational programs; to serve as a primary resource to children who are victims or suspects in unlawful or otherwise harmful activities in order that they may be deterred and protected from further harm. The SRO will maintain availability to all students within the school complex.

SRO’s are considered school officials and have the same authority as school administration and teachers in conducting an investigation. As a school official, the SRO has the right to question your child about his/her own conduct at school and in the investigation of alleged misconduct by other students, to question him/her about the conduct of others.  There is no requirement to notify the parents/legal guardians of the student prior to questioning, however, the Farmington Municipals Schools and/or the Farmington Police Department SRO’s shall make a good faith effort to notify the parents/legal guardians of the student. In the event the SRO is investigating a crime committed on or off campus, the exigency of the situation will determine the notification of parents. The Juvenile Miranda Rights may be read to the child by the SRO.

At the discretion of the school administrator or designee, the SRO may be asked to participate in conferences with students especially when potential delinquency is involved. The SRO may have input into intervention, preventive strategies and community resources that are available.

Adopted:

Last Revision:  7/14/11

2.22 CHEMICAL ABUSE

2.22.1     Substance-Abuse Prohibited

The prevention of substance abuse is critical to the education environment.  Accordingly, Board of Education policy forbids any student from possessing, using, distributing, or being under the influence of drugs or alcohol, and from possessing, using or distributing drug paraphernalia while on school premises, and during any school-related activities, including transportation to or from school and all related activities. In accordance with HB 179 (2006), the Drug Free School Zone shall include areas up to 1,000 feet from school property.

2.22.2     The purpose of this policy is to implement NMAC 6.12.4 prohibiting. The use, possession and distribution of tobacco products, e-cigarettes and nicotine liquid containers, alcoholic beverages, mood-altering substances and illicit drugs in school buildings, on school premises and by students at school-sponsored activities away from school grounds.

2.22.3     Concerned by the increasing evidence that smoking and use of tobacco products and alcohol are contributing causes to many serious health problems, the Farmington Municipal Schools will not permit students to use prohibited substances (2.22.2) or be in possession of same in or on school premises. In addition, possession or use will not be allowed in any school vehicle used to transport students to and from school or school related activities.

2.22.4     If a student is properly using drugs pursuant to an authorized prescription or properly using over-the–counter drugs, energy drinks and such use may affect or impair such student’s performance or behavior, such student shall report such use to his or her principal, nurse, and/or their designee.  Provided such a report is made, such use shall not be considered a violation of this policy.

2.22.5     Definitions

A.   “Alcoholic beverage” means any beverage containing more than one-half percent alcohol by volume, and includes all distilled or rectified spirits, potable alcohol or any similar alcoholic beverages, including all fermented or blended beverages and dilutions or mixtures of one or more of these alcoholic beverages.

B.    “E-cigarette”:

1)    means any electronic oral device, whether composed of a heating element and battery or an electronic circuit, that provides a vapor of nicotine or any other substances the use or inhalation of which simulates smoking; and

2)    includes any such device, or any part of it, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe or any other product, name or descriptor; but

3)    does not include any product regulated as a drug or device by the United States food and drug administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301 et seq.

C.    “Illicit drugs” means prescription and over-the-counter medications used for non-medical purposes, or not used as medically prescribed by lawfully authorized practitioners or as directed by the manufacturer’s literature, and include all supplemental dietary or nutrition ergogenic aids, stimulants, nootropics, adaptogens, painkillers, sedatives and anxiolytics, blood boosters and other performance-enhancing drugs.

D.    “Mood-altering substances” means substances that change, or are capable of changing, a person’s emotional state, and include all stimulants, opioids, intoxicative inhalants and hallucinogens.

E.    “Nicotine liquid container” means a bottle or other container of any substance containing nicotine where the substance is sold, marketed or intended for use in an e-cigarette.

F.     “School personnel” includes all administrators, principals, teachers, counselors, social workers, speech therapists, psychologists, nurses, librarians and other support staff who is employed by a school, or who perform services for the school on a contractual basis.

G.    “Tobacco product” means any product made or derived from tobacco that is intended for human consumption, including any component, part or accessory of a tobacco product. This includes, among other products, cigarettes, cigars, pipe tobacco, roll-your-own tobacco, dissolvable tobacco, and smokeless tobacco. Smokeless tobacco means any snuff or chewing tobacco.

[6.12.4.7 NMAC – Rp, 6.12.4.7 NMAC, 12/15/2015]

2.22.6     The use of such substances is detrimental to individual development, wellness, and undermines effective education.  In order to insure the highest standards for learning in the classroom, the District will help students to abstain from the use of chemical substances and intervene early when abuse or misuse is detected.  The District recognizes these issues as legitimate concerns of the schools and wishes to address these needs as part of a comprehensive Student Assistance Services.

2.22.7     The District will implement the Student Assistance Services in each school throughout the District in accordance with a time schedule that is financially feasible for the District. The essential elements of the program will include identification and referral, counseling, support, prevention, and staff training.

2.22.8     The administration shall develop procedures, including penalties, consistent with this policy as part of the student handbook.

2.22.9     The presence of or use of prohibited substances (2.22.2) will not be tolerated at school or any school-sponsored activity.  The presence of or use of prohibited substances (2.22.2) will result in parent/guardian notification, suspension and discipline proceedings. Law enforcement will be notified for alcohol and drug violations.  All offenders must complete an assessment with Student Assistance Services.

2.22.10     Visitors are prohibited from the use of prohibited substances (2.22.2) at any time while on school property or while attending a school sponsored activity.

2.22.11     The administration shall post at the entrance to each school campus or other property, a permanent notice as follows:


Use of tobacco, e-cigarettes, alcohol or drugs are prohibited anywhere on these premises pursuant to the Chemical Abuse: Tobacco, Alcohol and Drug Free Schools policy of the Board of Education.


2.22.12     Farmington Municipal Schools will not permit, for any reason, the use of its name or any of its schools’ names to be associated with alcohol and/or tobacco products.

2.22.13     School Athletics/Activities are a privilege not a right. Students choose to participate and abide by the condition set down to represent the Farmington Municipal School System. The privilege to participate can be taken away without evidentiary hearings or appeals beyond the principal. Under due process doctrine there are no provisions for due process rights for participants in athletics or activities. Procedures for violation of this policy while representing the Farmington Municipal Schools in sports or activities can be found in each building‘s student handbook.

2.22.14     The Board directs the Superintendent to initiate periodic reviews of both this policy and the administrative procedures which implement it.

Adopted:

Last Revision:  4/13/17

2.23         SEARCH AND SEIZURE

2.23.1     The Farmington Municipal Schools authorizes the conduction of a search of a student when:

• There is a reasonable suspicion that a crime or other breach of disciplinary rules is occurring or has occurred;

• There is reasonable cause to believe that a search is necessary to help maintain school discipline.

2.23.2     Students shall be given reasonable notice, through distribution of written policies or otherwise, of the school’s policy on searches at the beginning of each school year or upon admission during the school year.

2.23.3     The “scope of the search” must be reasonably related to the circumstances that justified the search.  There must be a suspicion that the student is engaging in a prohibited activity.

2.23.4     School officials are not subject to the requirement that searches be based on probable cause to believe the subject of the search has violated or is violating the law.  Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances of the search.  Which means there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.

2.23.5  Personal Searches

Authorized school personnel (building administrators and/or designees and bus drivers) may conduct a search of a student when: there is a reasonable suspicion that a crime or other breach of disciplinary rules is occurring or has occurred; there is reasonable cause to believe that a search is necessary to help maintain discipline; or there is reasonable individualized suspicion by a school administrator or staff member that the student is in possession of contraband in violation of state or federal law or of school policy.

Certified school personnel, school security personnel and school bus drivers are “authorized persons” to conduct searches. Searches shall be conducted in the presence of at least one witness for the school. That person must be a designee of administration and “upon consent” becomes an authorized person for the purpose of that search only.

Physical searches of a student’s person may be conducted only by an authorized person who is of the same sex as the student. “Patdown” searches are accepted but strip searches are not permissible.

2.23.6     School Property Searches

Lockers, desks, and similar facilities may be searched at the discretion of the building administrator or his designee at any time with or without individualized suspicion and with or without the consent of the person using such compartment. The person using such compartment should be asked to facilitate the search by unlocking and opening the locker, desk, etc.    

2.23.7     Personal Property Searches

Searches of vehicles, purses, backpacks, coats, etc. may be conducted only if such items are on school premises and only if there is a reasonable individualized suspicion that the item contains contraband in violation of state or federal law or of school policy.  In personal property searches, the owner should be asked to facilitate the search.

2.23.8     Confidentiality

No information of any type that leads to or results from a search or seizure should be communicated, revealed, or disclosed by school personnel to any person except on a “Need to Know” basis.  (Those authorized to take action or parents/guardian of any unemancipated student to whom information relates.)

Administrative authority shall have discretion to notify the local children’s court attorney, district attorney or other law enforcement officers when a search discloses illegally possessed contraband material or evidence of some other crime or delinquent activity.

2.23.9     Procedures for searches can be found in the school’s student handbooks.

Adopted:

Last Revision:  4/13/17

2.24 Student Restraint and Seclusion

 This policy shall be implemented only with regard for the safety, welfare and dignity of all members of the school community.  Restraint and/or Seclusion (“techniques”) shall be used as a last resort to address situations in which the safety and wellbeing of students may be at risk.

Definition:

This policy includes both mechanical and physical restraint.

Physical Restraint means the use of physical force to restrict the free movement of a student’s body without using any mechanical materials or devices.

Mechanical Restraint means the use of any device or material on or near the student’s body that restricts freedom of movement.  This definition does not include mechanical supports or protective devices.

Seclusion refers to involuntary confinement of a student in a space from which egress is prevented.  Seclusion does not refer to “time out” or separation for the purpose of “cooling off.”

Restraint may be used under the following circumstances:

1.    A student’s behavior presents an imminent danger of serious physical harm to the student or others; and

2.    Less restrictive interventions did not sufficiently mitigate the imminent danger of serious physical harm.

Staff duty during the use of Restraint or Seclusion:

1.    District employees shall maintain continual visual observation of the student while using restraint or seclusion;

2.    The technique shall end when the student’s behavior no longer present imminent danger of serious physical harm to the student or others;

3.    Restraint or seclusion shall only be used by school employees who are trained in using the techniques, unless there is an emergency situation, in which the staff is to use its best professional judgment until trained personnel can step in to assist.

4.    The technique shall not impede the students ability to breathe or speak; and

5.    The technique shall be proportional to the student’s age and physical condition.

6.    A restraint technique will not be implemented using any form of prone restraint.

Staff duty following the use of Restraint or Seclusion:

1.    Within 24 hours provide written or verbal notice of the use of a technique to the parent or guardian of the student;

2.    Within one week of the use of a technique, provide the student’s parent or guardian with written documentation of the incident on a form developed under the direction of and approval by the Superintendent;

3.    Convene a team to review the strategies used to address a student’s dangerous behavior if a technique has been administered two or more times during a 30-day period.

The Board directs the Superintendent to:

1.    Include guidelines, which are complaint with law and this policy, in both the District and Schools Safety Plan; and

2.    Establish reporting guidelines and procedures for documentation of the use of these techniques; and

3.    Determine a representative who will develop crisis prevention training and procedures to be followed by all District employees. Training on specific restraint techniques and prevention will be provided to crisis teams and other key staff. All staff will follow procedures which support the full continuum of crisis prevention including a student’s successful reintegration into the school and classroom environment after a technique has been used.

4.    Nothing in this policy shall be construed to prevent a school from calling law enforcement to restrain a student when deemed necessary by administration or designee; however, all reporting requirements shall remain in effect.

Adopted:  7/12/18

Last Revision: 

2.25   THEFT AND VANDALISM

It is the policy of the Board of Education to actively discourage theft and vandalism of public school buildings and to aggressively pursue prosecution of apprehended individuals.  A reward program shall be developed as part of these efforts, and shall be coordinated with the efforts of local law enforcement agencies.  Rewards offered under this program shall not be given to law enforcement personnel or to school staff and shall conform to guidelines developed by the Superintendent.

Adopted:

Last Revision:  4/13/17

2.26   GANGS AND GANG ACTIVITY

2.26.1     The Board recognizes that the harm done by the presence and activities of gangs in the public schools exceeds the immediate consequences of such activities such as violence and destruction of property. Gang activities also create an atmosphere of intimidation in the entire school community.  Both the immediate consequences of gang activity and the secondary effects are disruptive and obstructive of the process of education and school activities.

2.26.2     It is therefore the policy of the Board of Education that gangs and gang activities are prohibited in the Farmington Municipal Schools, according to the following:

A.         Definition:  For purposes of this policy a “gang” is any group of two or more persons whose purposes include the commission of illegal acts or acts in violation of disciplinary rules of the Farmington Municipal Schools.

B.         Prohibitions:  No student on school property or at any school sponsored activity shall:

1.     Wear, possess, use, distribute, display, or sell any clothing, jewelry, emblem, badge, symbol, sign or other items that evidences or reflects membership in, or affiliation with any gang and/or is representative of any gang;

2.     Engage in any act, either verbal or nonverbal, including gestures or handshakes, showing membership or affiliation in any gang and/or is representative of any gang;

3.     Engage in any act in furtherance of the interests of any gang or gang activity, including, but not limited to:

a)    soliciting membership in, or affiliation with, any gang;

b)    soliciting any person to pay for “protection”, or threatening any person, explicitly or implicitly, with violence or with any other illegal or prohibited act;

c)    painting, writing, or otherwise inscribing gang-related graffiti, messages, symbols, or signs, on school property;

d)    engaging in violence, extortion, or any other illegal act or other violation of school policy;

e)    soliciting any person to engage in physical violence against any other person.

C.         Application and Enforcement

1.     In determining, as part of the application and enforcement of this policy, whether acts, conduct, or activities are gang related, school officials are encouraged to exercise discretion and judgment based upon current circumstances in their schools, neighborhoods, and areas.

2.     The removal of gang-related graffiti shall be a priority in maintenance of school property.  All such graffiti on school property shall be removed or covered within 24 hours of its first appearance to school officials, or as soon thereafter as possible, unless additional time is needed to obtain replacements for damaged items.

3.     School officials should also encourage private property owners to promptly remove or cover gang-related graffiti on private property in school neighborhoods.

4.     School officials are strongly encouraged to work closely with local law enforcement officials in controlling gang-related activities.  Local law enforcement can provide school officials with information regarding gang activities in the area, including names and characteristics of local gangs.

5.     The Superintendent, or designee in consultation with the appropriate building principals, should report instances of gang-related criminal acts or acts of serious disruption to local law-enforcement authorities for further action.

D.         Violation of Policy

Students who violate this policy shall be subject to the full range of school disciplinary measures, in addition to applicable criminal and civil penalties.

Adopted:  12/19/93

Last Revision:  4/13/17

2.27  WEAPONS ON SCHOOL PROPERTY

2.27.1     The Board of Education recognizes that students and staff must find schools a “safe” learning and working environment.  It is therefore the policy of the Board of Education that the Farmington School District follows all requirements of the Gun Free Schools Act. Violators of this policy will be referred to law enforcement or appropriate juvenile authorities.

2.27.2     The Board of Education recognizes that the presence of weapons in school not only creates unacceptable risks of injury or death, but also creates a climate that undermines the educational purposes of the schools.  Accordingly, it is the policy of the Board of Education to forbid the possession, custody and use of weapons by unauthorized persons on school property, or during school-sponsored activities.

2.27.3     This policy is enacted to implement the requirements of the federal Gun Free Schools Act of 1994, 20 U.S.C., § 8921 and NMSA 1978, §22-5-4.7, and it is the intention of the Board that it be interpreted broadly to conform to these provisions of law.  The following principles apply:

A.      Definitions

1.     For the purposes of this policy, a “weapon” shall mean any device, instrument, material or substance (animated or inanimate) that is used for, or is readily capable of, causing death or serious bodily injury.  The term “weapon” shall also include, but is not limited to, the following:

a)    Any firearm that is designed to or may readily be converted to or will expel a projectile by the action of an explosion.  A “firearm” is further defined as any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.  This definition also includes the frame or receiver of any such weapon; any firearm muffler or firearm silencer, or any destructive device.

b)    Any destructive device that is an explosive or incendiary device, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter-ounce, mine or similar device is considered a weapon.

c)    BB guns, pellet guns, air soft and other devices that expel projectiles through various means of projection are also included in the definition of “weapon”.

d)    Any other item or device which may be used as a weapon, including all pocket knives or other knives regardless of length of blade, or other objects, even if manufactured for a nonviolent purpose, that have a potentially violent use, or any “look-a-like” objects that resemble objects which have a potentially violent use (if, under the surrounding circumstances, the purpose of keeping or carrying the objects is for use, or threat of use) may be considered a weapon.

B.         Special Rule as to Students with Disabilities

For purposes of this special rule as applied to students with disabilities who may be placed in an interim alternative educational setting for bringing a weapon to a school or school function, the definitions of a weapon set forth above shall not include a pocket knife with a blade of less than 2 1/2 inches in length.  The procedures of paragraph F below shall apply to students with disabilities.

C.         Prohibitions

It is the policy of the Board that no student shall bring a weapon to a school, nor carry or keep any weapon on school property or while attending or participating in any school activity, including during transportation to or from such activity.  School property is defined as buildings, grounds, playgrounds, parking areas, playing fields, and school busses/vehicles.

D.         Enforcement

This policy shall be enforced according to the Board’s Student Search and Seizure Policy.  Disciplinary actions pursuant to this policy shall follow the procedures prescribed by State Board of Education Regulations on Student Rights and Responsibilities, and the policies of the District.

E.         Penalties for Violations

1.     Any student found to be in violation of this policy shall be subject to discipline, including long-term suspension or a one-year expulsion.

2.     In compliance with the federal Gun Free Schools Act, any student found to be in violation of this policy due to possession of a weapon as defined in paragraph A(1)(a) or A(1)(b) of this policy, may be expelled from school for a minimum of not less than one year.

F.         Procedures Applicable to Students With Disabilities

As it applies to students with disabilities, this policy shall be interpreted in a manner consistent with the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1401 et seq. As amended.

Adopted:  1/12/95

Last Revision:  4/13/17

2.28  NON-DISCRIMINATION AND SEXUAL HARASSMENT

The Farmington Municipal Schools does not discriminate on the basis of race, color, national origin, sex, age or disability in its programs and activities.  The following person has been designated to handle inquiries regarding the nondiscrimination policies.

Hearing Officer for Discrimination

Human Resources Department

Farmington Municipal Schools

2001 North Dustin

Farmington, NM 87401

(505) 324-9840

Discrimination is against school board policy and is prohibited under Title VI, Title IX, Section 504, Title II, and the ADA. Adults and students engaging in discrimination will be subject to appropriate disciplinary action.

Adopted:

       Last Revision: 4/13/17

2.29  HARASSMENT BASED ON RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, AGE AND DISABILITY

INTRODUCTION

The effective education of our students requires a school environment in which students feel safe and secure.  Harassment of students on the basis of race, color, religion, national origin, sex, age, or disability, whether by employees or by other students, impairs the proper atmosphere for education, and creates an inequitable climate for learning.

In addition to its negative effect upon education, such harassment negatively affects the characters of young people, both the harassers and the victims of harassment. That is particularly so in view of the special vulnerability of students at different stages of their personal development.  It is clear that such harassment, whether verbal or by other conduct, can create stress and distraction, and upsetting feelings of fear, inferiority, or anger which are detrimental to the education of young people.  Toleration of such harassment also sends the wrong message regarding appropriate social conduct.  Such harassment is inappropriate behavior in school because it is inappropriate behavior in society.

The Board of Education therefore forbids harassment of any student on the basis of race, color, religion, national origin, sex, age, or disability and will not tolerate such harassment of students by employees or by other students.

2.29.1     Harassment Based on Protected Characteristics Prohibited

The policy of the Board of Education forbids harassment against any student on the basis of race, color, religion, national origin, sex, age, or disability (referred to herein as “protected characteristics”).

The Board will not tolerate harassment of students on the basis of protected characteristics by other students, employees, by non-employee volunteers, or by any other persons who work subject to the control of school authorities.

2.29.2     Definition of Harassment on the Basis of Protected Characteristics

A.    Definition:  For purposes of this policy, “harassment on the basis of protected characteristics” is verbal, physical, written or electronically transmitted conduct that denigrates or shows hostility or aversion toward an individual on the basis of his or her actual or perceived race, color, religion, nation origin, sex, age or disability and that has the purpose or effect of creating an intimidating, hostile, or offensive school environment, and of unreasonably interfering with a student’s ability to benefit from his or her education.

Examples:  Examples of prohibited conduct include, but are not limited to:

Name-calling or the use of insulting or embarrassing words to refer to a race, color, religion, national origin, sex, age, or disability;

The use of gestures that are intended or reasonably have the effect of insulting or embarrassing another on the basis of race, color, religion, national origin, sex, age, or disability;

Offensive physical contact, intimidation, or exclusion directed at another on the basis of his or her race, color, religion, national origin, sex, age, or disability;

The use of electronic devices including but not limited to cell phones, computers and internet that is intended to or reasonable has the effect of insulting or embarrassing another on the basis of race, color, religion, national origin, sex, age, or disability;

B.    The creation of graffiti that is intended to or reasonably has the effect of insulting or embarrassing another on the basis of race, color, religion, national origin, sex, age, or disability.

  •     Reporting, Investigation, and Sanctions

A.    It is the express policy of the Board to encourage victims of harassment on the basis of protected characteristics to report such claims.  Students or their parents may report such conduct to the building principal, an assistant principal, a counselor, or the Office the Deputy Superintendent.

B.    Any employee who, as a result of personal observation or a report, has reason to believe that a student is a victim of conduct prohibited by this policy, whether the conduct is by another student or by another employee, must notify his or her principal, an assistant principal, or the Office the Deputy Superintendent of such observation or report as soon as possible.

C.    A building principal who receives a report of harassment on the basis of a protected characteristic shall draft a memorandum restating the claim, and provide copies to the Superintendent, and to the parents of the complaining student.  If another administrator receives such a report, he or she shall draft and provide the memorandum to the Deputy Superintendent, the parents, and the building principal, unless the building principal is the subject of the complaint.

D.    Claims reported shall be investigated by the building principal or his or her designee, unless the building principal or assistant principal is the subject of the report, in which case the Deputy Superintendent/Designee shall designate another administrator to investigate the charge.

E.    Confidentiality will be maintained to the extent possible, consistent with the need to conduct an investigation and take remedial action.

F.     No reprisals or retaliation will be allowed to occur as a result of the good-faith reporting of charges of harassment or participation in related proceedings.

G.    In assessing the existence of a violation of this policy and the appropriate discipline, the principal or designee shall consider the nature and extent of the conduct, the age of any student(s) involved, the context in which the alleged conduct occurred, and any prior history of conduct prohibited by this policy on the part of the violator, the principal or his or her designee shall provide a memorandum to the Deputy Superintendent/Designee setting out the steps taken to investigate the charge and the substance of his or her findings and conclusions.

H.    Any employee found to have engaged in harassment on the basis of protected characteristics shall be subject to sanctions, including, but not limited to, warning or reprimand, suspension, or termination, subject to applicable procedural requirements.

I.     Any student found to have engaged in harassment of the basis of protected characteristics shall be subject to appropriate discipline, including, but not limited to an oral or written reprimand and warning, detention, in-school suspension, suspension from school, or expulsion, subject to applicable procedural requirements.

J.     Upon completion of the investigation the principal shall meet with the student and his or her parent(s) and convey:

• The overall conclusion of the investigation- i.e., that the student was or was not the victim of prohibited harassment;

• there was harassment, the fact that the violator has been disciplined (without stating the nature or form of the discipline); and

• if there is any further harassment, that the student or his or her parent should notify the principal immediately.

Adopted:

Last Revision:  4/13/17

2.30  VIOLENCE, BULLYING, HAZING, INTIMIDATION, HOSTILE AND OFFENSIVE CONDUCT

The effective education of our students requires a school environment in which students feel safe and secure.  The Board of Education is committed to maintaining an environment conducive to learning in which students are safe from violence, threats, name-calling, intimidation, and unlawful harassment.

2.30.1         Definitions

A.     “Unlawful harassment” means verbal, physical, written or electronically transmitted conduct based on a student’s actual or perceived race, color, national origin, gender, sexual orientation, religion, or disability and which has the purpose or effect of substantially interfering with a student’s educational performance or creating an intimidating, hostile or offensive environment.  Sexual harassment of students is further addressed by a separate policy of the Board.  See Policy No. 2.35.

B.     “Bullying” means intimidating nonverbal, verbal, or physical conduct toward another student when such conduct is habitual or recurring. (NMAC 6.12.7.7A -“Bullying means any repeated and pervasive written, verbal or electronic expression (Cyberbullying), physical act or gesture, or a pattern thereof, that is intended to cause distress upon one or more students in the school, on school grounds, in school vehicles, at a designated bus stop, or at school activities or sanctioned events.  Bullying includes, but is not limited to, hazing, harassment, intimidation or menacing acts of a student which may, but need not be based on the student’s race, color, sex, ethnicity, national origin, religion, age or sexual orientation.”)

C.    “Sexting” is the act of using a cellular phone, computer or other electronic device to send or forward sexually explicit, nude, or partially nude photographs or images.  Sexting contributes to a climate of student behavior that is disrespectful, socially unacceptable and not conducive to the educational process.  Maintaining high standards for student behavior is best achieved through cooperation among students, parents/legal guardians, staff, and community members. The act of sexting is prohibited and will not be tolerated.  Any incidents/reports of sexting will be enforced/investigated using existing discipline policies and procedures in school handbooks.

D.     “Name-calling” means the chronic, habitual, or recurring use of names or comments to or about a student regarding the student’s actual or perceived physical or personal characteristics when the student has indicated by his or her conduct, that the names or comments are unwelcome, or when the names or comments, by their nature, are clearly unwelcome, inappropriate, or offensive.

E.     “Hazing” includes, but is not limited to:

1.  engaging in any offensive physical contact or restraint of a student, or

2.  requiring or encouraging a student to perform any dangerous, painful, offensive, or demeaning physical or verbal act for any purpose, including the ingestion of any substances, exposure to the elements, deprivation of sleep or rest, or extensive isolation, or

3.  subjecting a student to any dangerous, painful, offensive, or demeaning conduct, or to conduct likely to create extreme mental distress, for any purpose, including as a condition of membership or initiation into any class, team, group, or organization, sponsored by, or permitted to operate under the auspices of a school of the District.

Such contact, restraint, requirement, or encouragement shall not be considered hazing when it is an officially recognized part of the particular sport or activity of the class, team, group or organization.

2.30.2     Prohibitions

A.     It is the policy of the Board of Education to prohibit violence, threats, name-calling, bullying, intimidation, assault, battery, extortion, robbery, vandalism, and other victim-based misconduct that creates an intimidating, hostile or offensive environment, regardless of motive or reason.  The Board will not tolerate such victim-based misconduct by students or staff.

B.     Hazing is prohibited in all schools of the District, whether on or off school property, and whether during or outside school hours.

C.     It is the express policy of the Board to encourage students who are victims of such physical or verbal misconduct to report such claims.  Students or their parents may report such conduct to any principal, assistant principal, or counselor. 

D.    It is the intent of the District to:

•      take immediate steps to investigate the allegations

•      take “prompt and effective steps” aimed at ending the harassment, eliminating any hostile environment, and preventing future harassment

a.    separating the harasser and the harassed student, without penalizing the harassed student

b.    take disciplinary action against the harasser

c.     educate and train the perpetrators of harassment as well as the larger school community, including staff and other students

•      provide remediation services to the harassed student (may include counseling and educational services as provided through the District)

•      disseminate and, if necessary, revise Policies and Procedures to ensure staff, students, and parents are able to report harassment

•      take steps to stop further harassment and prevent retaliation against anyone who reports harassment

2.30.3     Enforcement

1.  School employees, and volunteers

a.     shall not permit or tolerate bullying, hazing, violence, intimidation, hostile or offensive conduct

b.    shall intervene to stop any of the above mentioned activities that are threatened, found, or reasonably known to be occurring (i) at school or (ii) at, or in connection with, any school-sponsored activity, and

c.     shall report known or suspected activities to the school principal or the superintendent.

2.     Any student who believes he or she has been the victim of these prohibited actions shall report the matter to the school principal, assistant principal or the superintendent.

3.     Any principal that receives a report of such activities under this section shall provide written notice to the Superintendent, setting forth the report and the principal’s proposed plan for investigation.

2.30.4     Investigation

1.     All reports of such violations shall be investigated by the school principal or his/her designee. Where violations of criminal law may have occurred, the principal shall notify the appropriate law enforcement agency.

2.     Upon completion of the investigation, the principal shall submit a written report on the investigation and its results to the superintendent.

2.30.5     Discipline

1.     Students found to have engaged in such activities shall be subject to discipline by school or district authorities according to applicable procedural requirements. Such discipline may include but not be limited to referral to Student Assistance Program, suspension or expulsion.

2.     Employees who fail to enforce the prohibition against such activities shall be subject to discipline according to applicable procedural requirements. Such discipline may include, reprimand, suspension, discharge or termination.

2.30.6     CYBERBULLYING PREVENTION (addendum to current policy)

In compliance with state law, the superintendent or his/her designee, shall implement administrative procedural directive(s) to prevent cyber-bullying.  Prevention shall include:

•      Training for all school employees on how to recognize signs that a person is being cyber-bullied;

•      Immediate reporting to the school principal/supervisor or superintendent or his/her designee when there is reasonable suspicion that a person is being cyber-bullied;

•      Immediate steps to investigate the report; and

•      Prompt corrective action in response to the cyber-bullying.

PROCEDURAL DIRECTIVE ON BULLYING AND CYBERBULLYING PREVENTION

The purpose of this procedural directive is to foster a safe, respectful and fear-free environment for all members of the school community, minimize the incidents of bullying at schools and implement a process for schools to follow if bullying occurs.  Farmington Municipal Schools shall treat instances of bullying and cyber bullying equally in terms of prevention, intervention and discipline.  The term bullying shall encompass the activity of cyber bullying.

It is expected that all members of the school community experience a positive school atmosphere where all individuals are honored and respected.  It is the responsibility of every stakeholder to conduct him or herself in a manner that promotes and supports this commitment.

For purposes of procedural directive, “bullying” is a way of using power aggressively in which a person is subjected to intentional, unwanted and unprovoked hurtful verbal and/or physical actions.  An act of bullying results in the targeted student feeling oppressed, fearful, distressed, injured or uncomfortable.  The aggression is repeated on more than one occasion and can include:  physical, verbal, emotional, racial, sexual, written, electronic, damage to property, social exclusion, land intimidation.  Bullying may be motivated by actual or perceived characteristics such as race, color, religion, ancestry, national origin, gender, sexual orientation or identity, mental, physical or academic disability.  Bullying often takes place in a social context.  Cyber bullying is a form of bullying.

For the purposes of this procedural directive, “cyber bullying” electronic communication that:

•      Targets a specific student with intent to harm;

•      Is published with the intention that the communication be seen or disclosed to the targeted student.

•      Is in fact seen or disclosed to the targeted student; and

•      Creates or is certain to create a hostile environment on the school campus that is so severe or pervasive as to substantially interfere with the targeted student’s educational benefits, opportunities of performance.

For purposes of this procedural directive, “members of the school community” include students, employees, parents/legal guardians, school partners and visitors.

PROHIBITION

Farmington Municipal Schools strictly prohibits bullying by all members of the school community.  Farmington Municipal Schools strictly prohibits bullying by students whether on or off campus.  Those who encourage bullying may be subject to corrective action.  Any Farmington Municipal School employee shall not tolerate bullying incidents.

Farmington Municipal Schools prohibits reprisal or retaliation against any person who reports an act of bullying.

Farmington Municipal Schools shall consider bullying, or behavior that displays the characteristics of bullying, which occurs in a digital or cyber environment the same as bullying occurring in a traditional or physical environment.  Farmington Municipal Schools therefore prohibits bullying in a digital or cyber environment by all members of the school community with the use of district technology or personal electronic devices whether on or off campus.  Corrective action may be taken if the act of bullying leads to the disruption of a safe, respectful and fear-free environment for another member of the school community.

DISTRICT STAFF RESPONSIBILITIES

Farmington Administration shall annually notify (electronically, orally or written) all school and district personnel (including substitutes), school volunteers, students and their parents/legal guardians of the Board of Education policy on Bullying Prevention and this administrative procedural directive.

All district personnel shall be required to immediately report alleged or suspected incidents of bullying.

•      Principals/supervisors shall develop and implement a comprehensive written building prevention plan as part of a school wide prevention plan based on specific school needs.  The plan shall include:  

1.    Internal measures to strongly discourage, address and establish consequences for false reports of bullying

2.    An internal bullying reporting process, which ensures the confidentiality of reporters, witnesses, targeted students and persons acting aggressively

3.    Principals/supervisors shall notify all school personnel, school volunteers, students and their parents/legal guardians of this process

•      Appropriate measures to protect reporters, witnesses and targets of bullying from retaliation

•      Procedures for administration to investigate allegations of bullying, which ensure the confidentiality of reporters, witness, targeted students and persons acting aggressively

•      The principal/supervisor or his/her designee shall respond consistently and promptly to all individuals involved in every reported and suspected buying incident.

•      Principals/supervisors shall train their staff periodically about bullying prevention strategies and identifying, reporting and effectively responding to bullying.  Documentation of attendance by staff is required.

The district shall provide professional development regarding bullying prevention during appropriate administrator meetings.

Adopted:

       Last Revision: 4/13/17

2.31  SEXUAL HARASSMENT TO STUDENTS

2.31.1     Introduction

The effective education of our students requires a school environment in which students feel safe and secure. Sexual harassment of students, whether by employees or by other students, impairs the proper atmosphere for education, and often creates an inequitable climate for learning.

2.31.2     The Farmington Municipal Schools Board of Education therefore forbids harassment of any student on the basis of sex. The Board will not tolerate sexual-harassment of students by employees or by other students.

The intent of this policy regarding conduct between employees and students is clear and straightforward:  No employee of the school district may engage in any conduct of sexual nature with any student, regardless of the student’s age, ability to consent, or actual consent.

The intent of this policy regarding conduct among students requires the following clarification; much of the conduct described, including sexually oriented name-calling, graffiti, teasing, etc. clearly has no place in school, and would not be welcomed by anyone. Request for dates or other age-appropriate expressions of interest or affection, however, are not characteristically inappropriate, and can even contribute to the socialization process that is a large part of education. Accordingly, requests for dates and other age-appropriate expressions of interest between students is not sexual harassment unless the student to whom such requests or expressions are directed has indicated that they are unwelcome.  When a student has made reasonably clear that he or she does not welcome the requests or attention by the other student, it is sexual harassment for the other student to continue to make such requests or give such attention.  In other words, you do have to take “No” for an answer.

2.31.3     Definitions and Standards of Conduct

Between an employee and a student, sexual harassment is any conduct of a sexual nature. Between students, sexual harassment is unwelcome conduct of a sexual nature.  Specific definitions follow:

A.     Conduct of a Sexual Nature    

Conduct of sexual nature may include, but not limited to:

•      verbal or physical sexual advances, including subtle pressure for sexual activity;

•      repeated or persistent request for dates, meetings, and other social interactions;

•      sexually oriented touching, pinching, patting, staring, pulling at clothing, or intentionally brushing against another;

•      showing or giving sexual pictures, photographs, illustrations, messages, or notes;

•      writing graffiti of a sexual nature on school property;

•      comments or name-calling to or about a student regarding alleged physical or personal characteristics of a sexual nature;

•      sexually-oriented “kidding,” “teasing,” double-entendres, and jokes; and

•      any harassing conduct to which a student is subjected because of or regarding the student’s sex.

B.     Standard of Conduct for Employees

No employee may engage in conduct of a sexual nature with a student at any time or under any circumstances, regardless of whether such conduct takes place on school property or in connection with any school sponsored activity.

C.     Standard of Conduct for Students: Unwelcome Conduct of a Sexual Nature

1.    Verbal or physical conduct of a sexual nature by one student toward another may constitute sexual harassment when the allegedly harassed student has indicated, by his or her conduct, that the conduct is unwelcome, or when the conduct by its nature, is clearly unwelcome or inappropriate.

2.    A student who has initially welcomed conduct of a sexual nature by active participation must give specific notice to the alleged harasser that such conduct is no longer welcome in order for any such subsequent conduct to be deemed unwelcome.

2.31.4     Reporting, Investigation, and Sanctions

A.     Reporting

It is the express policy of the Board to encourage students who feel they have been sexually harassed by a school employee or by another student or students to report such claims.

Reporting of Sexual Harassment by a School Employee:

Any student who believes he or she has been subjected to any conduct of a sexual nature by a school employee may tell a counselor or principal.

If a student who believes he or she has been sexually harassed by a school employee feels uncertain about who to tell, or feels uncomfortable telling any counselor, or principal, the student should tell his or her parent(s) about the problem, ask for the parent(s) help in reporting the sexual harassment to appropriate school personnel.

If a student believes he or she has been sexually harassed by a counselor or a principal, or by any other administrator the student should seek the assistance of his or her parent(s) in reporting such harassment to the Superintendent or to a member of the Board.

Reporting of Sexual Harassment by a Student or Students:

Any student who believes he or she has been sexually harassed by another student or other students, may report, tell a teacher, counselor, or principal or assistant principal.  All efforts will be made to maintain and protect the privacy of all parties.

If a student who believes he or she has been sexually harassed by another student or students, and who feels uncertain about who to tell, or feels uncomfortable telling any counselor, or principal, the student should tell his or her parent(s) about the problem, and ask for the parent(s) help in reporting the sexual harassment to appropriate school personnel.

Reporting by Employees Mandatory

Any employee who receives any report of sexual harassment of a student, whether the report is given by a student, a parent, or another employee, or himself or herself observes instances of sexual harassment must notify his or her immediate supervisor or the Superintendent, regardless of whether the employee receiving the report or observing the instance considers the

matter credible or significant.

2.31.5     Investigation

All reports of sexual harassment of students will be appropriately and promptly investigated by the building principal or his or her designee.  In determining whether alleged conduct constitutes sexual harassment, the totality of the circumstances, the nature of the conduct, and the context in which the alleged conduct occurred will be investigated.

2.31.6     Sanctions

A.     Employees:  Any employee found to have engaged in conduct of a sexual nature with a student shall be subject to sanctions, including, but not limited to, warning or reprimand, suspension, or termination, subject to any applicable procedural requirements.

B.     Students:  Any student found to have engaged in sexual harassment of a student shall be subject to discipline, including, but not limited to, suspension or expulsion, subject to any applicable procedural requirements.

Adopted:

Last Revision:  4/13/17

2.32  THREAT TO STUDENTS AND STAFF

2.32.1     The Board of Education is committed to providing students and staff with a safe learning and working environment. It is therefore the policy of the Board of Education to respond to all threats to self, to other students and to staff, which are considered to be harmful in nature or intent

2.32.2     For the purpose of this policy, a threat is an alarming statement (written or verbal) or behavior that gives rise to concern about subsequent violence to self or others.  The Board of Education directs administration to develop a procedure to respond to threats and self-destruction behaviors.  This procedure should be reviewed annually.

Adopted:

Last Revision:  4/13/17

2.33  SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

Farmington Municipal Schools Board of Education supports the purposes of the Sex Offender Registration and Notification Act (Chapter 29, Article 11A NMSA 1978) by providing notification to parents and guardians of district students of the availability of public information concerning the residences of registered sex offenders within the District.  Parents and guardians may review the listings on the DPS’s website:  http://www.nmsexoffender.dps.state.nm.us/.

The office of the Superintendent and Deputy Superintendent receives the monthly lists of registered sex offenders in the Farmington area.  The information will then be emailed to all building administrators, in a timely fashion, to alert them of offenders living close to their schools.  Sex offenders are identified through the use of the Visitor Management System System in each school.

Every effort will be made by building administrators to educate their staff and provide procedures to ensure student safety in regards to this law.

(See Section 4.14 for additional information regarding this policy)

Adopted:

Last Revision:  7/13/17

2.34  RELEASE OF STUDENTS DURING THE SCHOOL DAY

The Farmington Municipal Schools Board of Education recognizes its responsibility for the proper care of students during school hours.  Students shall not be removed from school grounds, any school building or school function during school hours except by a person duly authorized in accordance with district procedures.  A photo ID should be provided by parent or guardian.

Students shall not be released into the custody of any organization, institution or individual without prior consent or communication with the parents/legal guardians.  Before a student is removed or excused, the person seeking to remove the student must present to the satisfaction of the principal/designee evidence of his/her proper authority to remove the student. A teacher should not excuse a student from class to confer with anyone unless the request is approved by the principal/designee.

Exceptions to the above are child abuse investigations.  Law enforcement and/or Children, Youth and Families Department (CYFD) have the right to remove the child from school without notification of parents. Another exception is an emergency situation where immediate arrest or removal of a student for safety reasons is deemed necessary by law enforcement.

School personnel shall not remove, cause to be removed or allow to be removed a student from school grounds during school hours without the consent of the student’s parent/guardian, unless the employee is providing bus transportation, the employee is supervising an extra-curricular activity and providing transportation for the student having completed the training required through the FMS Department of Transportation, or the student requires transportation for emergency medical care and the parent/guardian cannot be contacted. 

School personnel should exercise discretion as to whether the student shall be transported by ambulance or private vehicle to a doctor or hospital in case of an emergency (i.e. accident or illness when the school is unable to reach the parent/guardian).

Adopted:

Last Revision:  4/13/17

2.35  PARENTAL CUSTODY

In the event that only one (1) parent has sole custody of a student, it is necessary that the custodial parent provide the Principal with some form of legal document that will confirm the custodial order.  If such a legal document is in fact provided to the Principal, the school district will not release the custody of that child to the non-custodial parent without the consent of the custodial parent.  If a legal document is not provided awarding custody then the school will not deny either parent the right to pick up the student.  At no time will either parent be denied access to a conference with the child’s teacher regarding the progress of the student. Either parent may have access to the cumulative records of the student, regardless of custody.  If one of the parents of a student wishes to deny the other parent access to the student’s teacher or record, then they must provide the school with a copy of a Court decree denying the non-custodial parent such access.

Adopted:

Last Revision:  4/13/17

 2.36 VIDEO SURVEILLANCE POLICY

I.  SURVEILLANCE CAMERAS.  The Board authorizes the use of video (not audio) cameras on district property to ensure the health, welfare and safety of all staff, students and visitors to district property, and to safeguard district facilities and equipment.

A. Permissible Locations. Video surveillance cameras may be used or placed in the following locations on campus:

1. Outdoor facilities: such as parking lots, walkways, picnic areas, athletic fields and stadiums and points of ingress and egress.

2. Indoor facilities: foyers, lobbies, hallways, and other common areas.

3. School Buses, both regular and activity buses.

B.  Impermissible Locations. Video surveillance cameras may not be used or placed in offices, classrooms, laboratories, locker rooms, restrooms or any location in a school where students are receiving instruction. There may be circumstances in which the Superintendent allows video surveillance in impermissible locations for school personnel use only.

C.  Notice. School employees and students shall be notified through student/parent and staff handbooks that video surveillance may occur on district property.

D.  Video recording. Any recording made by a surveillance camera, on tape or digitally, shall be considered a public record as defined in the New Mexico Public Records Act.

E.  As a general rule, the video record shall be maintained for a period not to exceed 30 calendar days and then destroyed. Copying over a previous recording on videotape or in a digital file is a permissible method of destroying an out-of-date video recording.

F.  This policy is based on the presumption and belief that neither students, staff, or guests have a reasonable expectation of privacy in those events that occur in plain view of other students, staff and guests in those public areas of a school campus subject to video surveillance as described above.

G.  If a surveillance camera records unlawful conduct or conduct in violation of the Board of Education’s Policies on employee or student conduct, the record shall be admissible as evidence in any proceeding regarding the discipline of any student or staff member. In the event a video recording is used or intended for use as evidence in a student or employee disciplinary proceeding that recording ceases to be a public record and from that point forward is and shall be considered a confidential student record as provided by the Family Educational Rights and Privacy Act (FERPA) and Policy 2.41, Privacy of Student Records or a confidential personnel record as defined in and provided by Policy 2.41.

H.  Video and Audio Recording of School Activities. Parents, students, the public and the media are encouraged and authorized to photograph and/or video-tape any school activities to which the public is invited as spectators, including but not limited to: intramural and interscholastic athletic events, school plays, performances of the band or chorus, or any other similar public event. Neither students nor staff has any reasonable expectation of privacy in such events. Any student (or student’s parent) who objects to this policy may be excused from participation in the activity. In the event a school is performing a copyrighted play or music, the school is authorized, as necessary and appropriate, to notify the public that video or audio-taping is prohibited.

II.  VIDEO AND SOUND RECORDING OF INSTRUCTION

A.  As a general rule students, parents, the public and the media may not video or audio-tape classroom instruction or any other instructional activities that occur in school. It is the opinion and belief of the Board of Education that students and staff have a reasonable expectation of privacy regarding their performance in class. Students must feel free to respond to a teacher’s questions, to participate in class discussions and to develop their vocational, artistic or other educational skills in an environment conducive to learning.

B.  Teachers, principals and other school administrators may use audio and/or videotape for legitimate educational or administrative purposes, including but not necessarily limited to:

1. Evaluating student and/or teacher performance;

2. Developing student or staff skills through self-assessment;

3. Accommodating the needs of students or staff with disabilities.

C.  Video or audiotape recordings of students or staff instructional programs or activities are either confidential student records under FERPA or confidential personnel records and are not public records.

Adopted:  08/09/12

Revision:  04/13/17

(Note:  Numbers 2.37 through 2.39 reserved for future policies)

 RESPONSIBLILITES

2.40  STUDENT RIGHTS AND RESPONSIBILITIES

2.40.1     A primary responsibility of the Board and the district’s professional staff shall be to instill in students an appreciation of our representative form of government, the rights and responsibilities of the individual or group and the legal processes whereby necessary changes are affected.

The school is a community and the rules and regulations of a school are the laws of that community. All persons enjoying the rights of citizenship are subject to the laws of their community.  Each carries with it a corresponding obligation.

The right to attend public school is not absolute.  It is conditioned on each student’s acceptance of the obligation to abide by the lawful rules of the school community until and unless the rules are changed through lawful processes.

Teachers, administrators, and other school employees also have rights and duties.  Teachers are required by law to maintain a suitable environment for learning in their classes and to assist in maintaining and facilitating the educational program by ensuring an orderly, safe environment in the public schools.  In discharging their duties, all school employees have the right to be free from intimidation or abuse and to have their lawful requests and instructions followed.

Nothing in this regulation shall be held to affect the due process rights of school employees or their use of any local school district grievance procedure.

2.40.2     Rules of Conduct

According to State Statute, State Board of Education and the Local District regulations the following rules of conduct apply to the students in the Farmington Municipal School District as prohibited activities and regulated activities.

A.     Prohibited Activities:  The commission of or participation in the activities designated below is prohibited in all Farmington Municipal Schools and is prohibited for students whenever they are subject to school control.

 1.     Criminal or delinquent acts:

a.    willful interference

b.    arson

c.     assault and or battery

d.     criminal damage to property

e.     criminal trespass

f.     unlawful assembly

g.    extortion

h.    larceny, robbery or burglary

i.     illegal sale, possession, transportation or use of

1)     alcoholic beverages

2)     firearms or other deadly weapons

3)     explosives    

4)     prescription drugs, controlled substances, solvents for intoxication

j.     use of telephone to terrify, intimidate, threaten, harass, annoy or offend

k.     offenses under municipal traffic codes or the New Mexico Motor Vehicles Code.

2.     Gang related activity

3.     Sexual Harassment

4.     Disruptive Conduct

a.     Intentionally causing a substantial and material disruption or obstruction of any lawful mission, purpose, process or procedures of any public school by use of violence, force, noise, coercion, threat, intimidation, fear, and passive resistance behavior.

5.     Refusal to identify self

6.     Refusal to cooperate with school personnel

a.     Willfully refusing a direction to cease any conduct, which a supervisory person in charge of a class or other school activity has clearly identified to the student as a hindrance to the activity.

b.    Willfully refusing a direction to cease disruptive conduct.

c.     Willfully refusing or failing to leave a school facility or school-sponsored activity after being directed to do so by an administrative authority.

d.    Willfully refusing or failing to abide by restrictions on student privileges or other lawful conditions imposed by an administrative authority as a disciplinary measure.

B.     Regulated Activities:  Beyond those activities designated above as prohibited, all other areas of student conduct may be regulated within legal limits by the Board of Education of the Farmington Municipal Schools as they deem appropriate to the Farmington District’s conditions.  Conduct by non-students, which affects school operations may be regulated with legal limits pursuant to any of the forms of authority described above. Activities subject to Board of Education regulations within legal limits include, but are not limited to:

1.    School attendance

2.    Use of and access to the district’s school, including

a.     Restrictions on vehicular traffic on school property

b.     Prohibition of or conditions on the presence of non-school persons on school grounds or in school buildings while schools are in session: and

c.     Reasonable standards of conduct for all persons attending school-sponsored activities or other activities on school property.

d.     Students’ dress and personal appearance

e.     Use of controlled substances, alcohol and tobacco in schools

f.     Speech and assembly within the public schools

g.     Publications distributed in the public schools

h.     The existence, scopes and conditions of availability of student privileges, including extracurricular activities and rules governing participation.

i.     Weapons policy providing for expulsion from school, for a period of not less than one year, of any student who is determined to have knowingly brought a weapon to a school.  The local board or the superintendent may modify the expulsion requirement on a case-by-case basis.  Special rules apply for students with disabilities.

j.     The discipline of students for out-of-school conduct having a direct and immediate effect on school discipline or the general safety and welfare of the school.

C.     Other Violations That May Warrant Hearing Charges

1.         Chronic Offender

2.         Violation of Abeyance Contract

3.         Habitual Offender

4.         Insubordination

5.         Violation of SAS Contract

6.         Use of Profanity

7.         Graffiti

The description of the act (what was actually done) should be described in the detail and dated as to time, date and day the violation occurred.

 2.40.3         Disciplinary Sanctions

Administrative authorities shall impose appropriate sanctions for student misconduct. Appropriate disciplinary actions may be taken against students regardless of whether criminal charges are also filed in connection with an incident.

Temporary suspension may be used when the offense is serious and is deemed necessary by the building administrator.

A.     Maximum of five (5) days in most cases.

B.     Maximum of ten (10) days is allowed if a hearing is being requested.

Both temporary and long-term suspension may be used where appropriate.  Where the need for suspension is immediate, temporary suspension may be invoked while complying with the mechanics for activating long-term suspension.

School rules shall be imposed and enforced without regard to race, religion, color, national origin, ancestry, sex or disability of any student.  Different disciplinary actions may be imposed upon different students for violations of the same rule or the same type of misconduct on the basis of differences in the manner, severity, duration or impact of the violation or misconduct, or upon any similarly pertinent factors or considerations.

Students may not be punished as a group for the acts of individuals, even when the individual is guilty of misconduct within the group cannot otherwise be identified.

2.40.4     Corporal Punishment Prohibited

The Farmington Municipal Schools’ Board of Education prohibits anyone from the use of corporal punishment as a consequence for violations of policies or procedures (e.g. to include but not limited to; spanking, paddling, striking, squeezing, or pinching any part of the body or forcefully grabbing the body or clothing of a student, or pushing a student.  Restraining or restricting physical movement through binding or tying or enclosing a student in a confined space such as a closet, locker, or similar cubical.)

Requiring a student to assume an uncomfortable position (e.g. hands held over head, holding books, etc.) will also not be allowed.  Using exercise (e.g. pushups, laps); except for PE and Athletics where activity is appropriate to the physical and emotional condition of each student is also not allowed.

Employees are prohibited from physically mistreating students themselves and from directing or suggesting physical mistreatment of a student by another student.  Any employee of the school district who violates this policy is subject to discipline up to and including discharge or termination.

2.40.5     Detention, Suspension and Expulsion

Where detention, suspension and/or expulsion is determined to be the appropriate penalty, it may be imposed only in accordance with procedures that provide minimum safeguards that are outlined in the Administrative Handbook.

2.40.6     Review of Hearing Disposition

The student has the right of review of the decision of the Hearing Authority to the Superintendent of Schools or his/her designee.

A.     Such a review shall be submitted in writing to the Superintendent of Schools within ten (10) school days of receipt of the Hearing Officer’s decision.

B.     When a review is requested in writing, the imposition of the sanction shall be delayed until such a review is decided upon by the Superintendent or his/her designee.

C.     When a review is requested in writing, the Superintendent or his/her designee shall review the Hearing Officer’s decision and information presented by the parent/guardian/student in the written request for review, and respond to the appeal within the fair hearing provisions set forth in NMAC 6.11.2.12 (n through s).

 2.40.7         Students With Disabilities

Suspension or expulsions of students with disabilities shall be subject to the laws and regulations to meet the individual education needs of students with disabilities to the extent their current educational expertise permits.  Procedures to follow the regulations are spelled out in the Administrative Handbook.

2.41 FAMILY EDUCATION RIGHTS AND PRIVACY ACT

2.41.1     The schools make every effort to comply with the Family Educational Rights and Privacy Act and to keep student records confidential.

2.41.2     Classification and Maintenance of Records

A. The schools shall maintain a cumulative folder for each student. The cumulative record folder shall contain all the written records directly related to a student that are kept by the school unit except (1) records kept by teachers, counselors, or supervisory or administrative personnel that are in the sole possession of the maker and are not revealed to any other person except a substitute; (2) employment records of student employees if those records are not made available for any other use;  (3) records kept solely for law enforcement purposes, and are not disclosed to anyone other than law enforcement officials of the same jurisdiction, and if the law enforcement officers do not have access to the student’s cumulative folder.

B.     The following types of records are kept in cumulative record folders:

1)    Identification information, including name, sex, race, birthplace, and birth date;

2)    Family data;

3)    Medical health records and emergency medical information;

4)    Attendance records;

5)    Scholastic records;

6)    Standardized test scores

7)    Records of interest, activities, and honors;

8)    Records of educational or vocational plans;

9)    Teacher evaluations if shared with anyone else;

10)  Counselor evaluations if shared with anyone else;

11)  Information pertaining to special services provided for students;

12)  Records of incidents of unsatisfactory behavior;

13)  Other education records kept by individual school units.

C.     Cumulative record folders shall be kept in an area of the school designated by the Principal.  If the student no longer attends a school within the district, the cumulative record folder shall be kept in the Principal’s office for no longer than three (3) years and thereafter the records will be stored in a central location.

D.     The principal of each school is responsible for maintaining the cumulative record folders of students attending that school.

E.     Unnecessary and outdated material may be deleted from the student’s record at any time except when a request for a review by a parent or student is pending. At a minimum, the student’s records shall be reviewed for unnecessary and outdated information when the student completes elementary school, junior high school, and high school.

  •     Rights of Parents to Review and Inspect Records

A.     Those who have the right to inspect and review the cumulative record folder kept about the student include (1) parents of students who are under eighteen (18) years of age, (2) parents who claim students who are at least eighteen (18) as dependents under the Internal Revenue Code, and (3) students who are at least eighteen (18).

B.     It is presumed that parents of students who have not yet reached the age of twenty-one (21) who are currently attending school claim the student as a dependent for tax purposes.  Any student (between the ages of eighteen (18) and twenty-one (21) (at least eighteen (18) years of age attending a school within the unit) who does not want the parents to have access to the cumulative folder must so inform the Principal of the school where the records are kept and prove that the student is not a tax dependent of the parents.  If a parent of a student (who is eighteen (18) or older and no longer attending a school within the district) wishes to inspect and review the child’s cumulative record file, the parent must prove to the Principal that the student is claimed as a dependent for federal income tax purposes.

C.     Parents or eligible students who wish to inspect and review the cumulative record folder shall submit a request in writing to the Principal of the student’s school.  When the principal receives a written request for review of the records from a parent or student who has a right to inspect the records, the Principal shall schedule the review. The appointment date should be as early as possible but never later than fifteen (15) days after the request was made.  The inspection and review shall be made in the school office or at another designated place.

D.     A school official competent in interpreting student records shall be present to explain the implications of the records that are examined.

E.     Parents or eligible students who wish to inspect records and live within fifty (50) miles of the place where the records are kept must do so at the place designated by the school unit.  After the inspection, they may request copies of the records they inspected. Parents or students who live further than fifty (50) miles from the place where the records are kept may request copies of the records without first inspecting them at the school or central office.  The copies shall be sent by registered mail, return receipt requested.

  •     Hearing to Correct Inaccuracies

A.     Parents of a student who has not yet reached the age of eighteen (18) or students eighteen (18) or over have the right to challenge the content of records in the student’s cumulative record folder.  A parent or student who believes that information contained in the student’s cumulative record folder is inaccurate or misleading or otherwise violates the student’s rights may request, in writing, that the records be amended by the Principal of the school where the records are kept.  Not later than five (5) school days after receipt of a request to amend, the Principal shall decide whether to amend the records in accordance with the request.  If the Principal finds that the challenge is not justified, the Principal shall inform the person who made the request of the finding and shall also inform that person of the right to request, in writing a hearing before the Superintendent of school or a designee.  If a parent or eligible student requests a hearing, the hearing officer shall set a date for the hearing as soon as possible but not more than ten (10) school days after the request for the hearing was made and shall give the parent or the student at least two (2) school days advance written notice of where and when the hearing will be held.  At the expense of the parent or student an attorney or anyone else of their choice may assist at the hearing.

B.     The hearing officer shall render a written decision as soon as possible and must make it within five (5) school days after the hearing.  The decision shall be based only on evidence presented at the hearing and shall include a summary of this evidence and the reasons for the decisions.

C.     If the hearing officer decides that the information is not inaccurate or misleading or does not otherwise violate the student’s rights, the parent or student shall be notified of that decision.  At the same time, the parent or student shall be informed of the right to submit to the Principal of the school where the records are kept a statement of objection, of reasonable length, to the information contained in the records.  Any explanation submitted by the parent or student shall be placed in the student’s cumulative record folder, shall be disclosed by the school whenever the contested portion of the cumulative record is disclosed, and shall not be destroyed unless the contested portion of the cumulative record is destroyed.

D.     A parent or student who is dissatisfied with the decision of the hearing officer may appeal to the board of education within fifteen (15) days.  The review shall be on the record and not a de novo hearing.

  •     Disclosure to Person(s) Other Than Parents or Students

A. Persons authorized to have access to records:  schools within the system may, without the consent of either the student or the parent, disclose information kept in the student’s cumulative record folder to the following persons.

1) School officials who have a legitimate educational interest in examining the information.  The term school official includes any teacher, administrator, assigned student teacher, intern, teacher aide, or other professional employee of the district and members of the school board.  The Principal of the school where the records are kept determines whether a school official is seeking the information to carry out official duty and whether the specific information sought will help in carrying out that duty.

2) Authorized representatives of the Comptroller General of the United States; the Secretary of the U.S. Department of Health, Education, and Welfare; the Commissioner of Education; or officials of the New Mexico State Department of Education if they seek the information in connection with either the audit and evaluation of state or federally funded programs or the enforcement of state or federal legal requirements that relate to these programs.

3) Accrediting organizations that seek the information to carry out their accrediting functions.

4) Persons or organizations conducting studies for or on behalf of the school administrative unit or another educational agency to develop or validate predictive tests, administer student aid programs, or improve instruction.  Any report released on the basis of data collected under this paragraph may not include information that personally identifies students or their parents.

5) Persons who seek the information in connection with a student’s application for, or receipt of, financial aid.

6) Officials of another school in which the student seeks or intends to enroll.  After the Principal receives a request from another school in which the student seeks or intends to enroll, the Principal of the school where the records are kept shall forward the cumulative record folder without notifying the parents or student of the transfer or seeking their consent.  If the parents or the eligible student so request, the Principal shall furnish them an unofficial copy of the record to be transferred and give them an opportunity to correct any inaccuracies in accordance with the procedure set out in Rights of Parents to Inspect Records.

7) Persons who seek information in connection with a health or safety emergency that threatens the health or safety of the student or other persons.

B. The schools may disclose directory information about a student without the consent of either the student or the parent unless the parent or student has properly objected to the release.  Directory information includes the student’s name, grade in school, name of school, participation in officially recognized activities and sports, weight and height of members of athletic teams, and degrees and awards received.

C.     No one else may have access to personally identifiable information from the cumulative record folder, other than directory information, except under one of the following circumstances:

1) When proper written consent to the release of such records has been obtained.  If the student is not yet eighteen (18), one of his/her parents must consent to the release.  If the student is eighteen (18) or older, the student must consent to the release.  The consent must be signed and dated and must specify the records to be disclosed, the purpose for disclosure, and the persons or class of persons to whom the disclosure may be made.  Upon request, the school shall supply a copy of records released to the parent or the student who gave the consent.  If the parent gives consent for a student, the parent may request that a copy of the records released be given to the student even though the student is not yet eighteen (18).

2) To comply with a court order or lawfully issued subpoena. Upon receipt of a court order or subpoena, the Principal of the school where the records are kept shall immediately send written notice to the student’s parents or to the eligible student at their last known address that a court order or subpoena has been received.

When a school official discloses information from the student’s cumulative record folder, other than directory information, to anyone other than the parents of the student, the student himself, or other school officials, the office shall inform the person who receives the information that it may not be transferred to any other party without the consent of the parents or the eligible student.

D.     The Principal shall maintain in each cumulative record folder for which the Principal is responsible a cumulative record inspection log.  The inspection log shall include the name and reason for inspection of each person who requests access to the cumulative record folder, but shall not include disclosures to the parents, the student, school officials, or persons who have student or parent consent of disclosures of directory information.  The inspection log may be inspected by the student’s parents or the eligible student.

2.41.6     Waiver of Rights

Parents of a student or an eligible student may waive any of their rights under this policy. A waiver of rights must be in writing, must be by the parents or the student, and must specify the rights to be waived.  A waiver is effective until revoked in writing.  If a parent executes a waiver, the student may revoke it when reaching the age of eighteen (18) years.

2.41.7     Notice to Parents or Students

Annual notice of this declaration of compliance with the Family Educational Rights and Privacy Act (FERPA) shall be made by the Board of Education and said declaration shall be published in a newspaper of daily circulation.

TO ALL PARENTS OF STUDENTS CURRENTLY ATTENDING THE FARMINGTON MUNICIPAL SCHOOLS AND ALL STUDENTS CURRENTLY ATTENDING SCHOOL WHO HAVE REACHED THE AGE OF EIGHTEEN. The Family Education Rights and Privacy Act (FERPA) is a Federal law that governs the maintenance of student records.  Under that law, parents of students or students if they are at least eighteen (18) have both the right to inspect records kept by the school about the student and the right to correct inaccuracies in the record.  Access to the records by persons other than the parents or the student is limited and generally requires prior consent by the parent or the student.  The district has adopted a written policy governing all the rights of parents and students under FERPA.  Copies of this policy may be found in the Superintendent’s office and in the Principal’s office of each school within the system.

The district classifies the following as directory information:  the student’s name, grade in school, name of school, participation in officially recognized activities and sports, weight and height of members of athletic teams, and degrees and awards received.

School officials may release this information to any person without the consent of the parents or the student.  Any parent or eligible student who objects to the release of any or all of this information without consent must notify, in writing, the Principal of the school where the records are kept within fifteen (15) days following the date of the publication of the declaration.  The objection must state what information the parent or student does not want to be classified as directory information.  If no objection is received by two (2) weeks after the publication of the declaration, the information will be classified as directory information until the beginning of the next school year.

Adopted:

Last Revision:  4/13/17

2.42 STUDENT VEHICLES

2.42.1     Persons are permitted to park on school premises as a matter of privilege, not of right. Every student who wishes to drive or park vehicles on school premises during regular school hours shall obtain a parking permit from the high school, and shall display such permits on the vehicle.  Application for a parking permit shall constitute express permission by the student and parent that the vehicle may be searched by, or at the direction of, authorized school officials at any time it is on school premises, and a waiver of any and all claims arising from any such searches.  The District also retains the authority to conduct routine patrols of school parking property. Such patrols and inspections may be conducted without notice and without consent.

2.42.2     The District administration will develop procedures to implement this policy pertaining to the use of student vehicles on school campuses.

2.42.3     The District does not automatically provide transportation services to all extra-curricular activities and practice sessions conducted within the City of Farmington.  It is the responsibility of the student and parent/guardian to arrange for transportation to such activities.

Adopted:

Last Revision:  4/13/17

2.43  CLOSED/OPEN CAMPUS

2.43.1     High, Middle and Elementary school (except Rocinante) campuses are closed.  Students may not leave campus unless a parent (or legal guardian) signs them out in the office. Upon returning to school, a parent (or legal guardian) must sign them back in. Students attending the CATE Center or San Juan College for classes will not be required to sign out. Students cannot check themselves out for lunch.

Adopted:

Last Revision:  4/13/17

2.44  DRESS CODE

2.44.1     Principals and faculties of each school are charged with the responsibility of requiring students to dress in the best interest of the learning situation.

A.        The school has the right at all times to regulate any students dress that creates a problem, is a distraction to learning, is of questionable decency and/or creates a health or safety hazard.

B. Mid-thigh or longer shorts will be allowed.  No spandex pants or shorts shall be allowed. Skirts/dresses will be approximately the length of walking shorts.  Clothing that makes reference, directly or by word or graphics, regarding sex, tobacco, alcohol or drugs will not be allowed.  Shoes will be worn and tennis shoes are recommended for P.E. activities.

C. Consistent with general policies of this district, primary responsibility for proper attire of all students rests with parents/guardians.

Adopted:

Last Revision:  4/13/17

2.45  STUDENT FEES, FINES AND CHARGES

The Farmington Municipal Schools authorizes the superintendent and/or designees to assess appropriate fees, fines and charges for lost, stolen or damaged school property.

The Board is committed to promote student success by providing instructional and support materials and equipment to all students to complete each state-funded course.

The Superintendent shall have the responsibility to develop and implement regulations to ensure fees, fines and charges for damage to school property are collected.

The Superintendent or designee is responsible for establishing and enforcing rules and regulations relating to school property.

Adopted:

Last Revision:  4/13/17

2.46  FIELD/ACTIVITY TRIPS

2.46.1  The Board of Education of the Farmington Municipal Schools recognizes that field trips are extensions of the curricular and extra-curricular programs.  Field trips are opportunities for students to participate in activities and gain experiences that cannot be duplicated in the classrooms or on the school site.  Field trips will be developed to minimize disruption to instructional time.

The Board of Education encourages appropriate, carefully planned trips that lead to new learning or reinforce what has already been learned in schools.

The Superintendent designee shall develop procedures for the operation of an outside trip that will ensure that field trips directly support the instructional program, the safety of the student is protected and that parent permission is obtained before the student leaves the school.

2.46.2  Student Travel Definitions:

A.     School sponsored means any activity that has a staff member assigned as an agent of the school and has been approved by the principal and/or superintendent.

B.     Field Trip is a school-sponsored activity that is directly related to the instructional program and must be aligned with NM Content Standards, Benchmarks and Performance Standards, district curriculum and the schools Educational Plan for Student Success.  A field trip may be an overnight trip.

C.  Student Organization Trip is an activity that provides extended opportunities related to an officially recognized organization.  Participation is limited to the members of the organization or club.  Out-of-state organization trips should be scheduled for non-school days whenever possible.

2.46.3     Contests Within New Mexico

High school and middle school state-level competitions within New Mexico, both athletic and non-athletic, must be sanctioned by and conducted in accordance with the rules, regulations, procedures and guidelines of the New Mexico Activities Association.

2.46.4     Contests Out of State

 “Extended Trips” are defined per sport/activities as out-of-state travel to any site over 300 land miles from Farmington.  Each school is limited to one extended trip per varsity team/activity per academic year for athletics.  All such trips shall have 90-day prior approval and comply with any and all National Federation sanctioning procedures, which apply.

2.46.5  Board Approval

Elementary schools must have Board approval for any trip that exceeds the limits set forth in the filed trip matrix. The building administrator must approve every trip and all fundraising for the trip before asking the Board for approval.  Fundraising may not begin until receiving trip approval from the Board. Pre-K through 4th grade students are limited to the 100 mile radius and no overnight trips.

Middle Schools and High Schools must have Board approval for any out of state trip that exceeds the limits set forth in the filed trip matrix. The building administrator must approve every trip and all fundraising for the trip before asking the Board for approval.  Buses will not travel more than 500 miles from Farmington.  Alternate approved transportation must be secured.  Fundraising may not begin until receiving trip approval from the Board. 8th graders participating in an NMAA sanctioned athletic or activity event at the high school level will be considered a high school student under this policy.

All trips must be approved following the district procedures flowchart. The field trip matrix is developed by a committee appointed by the Superintendent or designee and includes at a minimum: School Board representation, District Athletic/Activities Director, District Fine Arts Coordinator and Deputy Superintendent. The field trip matrix is a working document and does not need Board approval to be changed and is reviewed by the committee described above as needed.

Field Trip Matrix

2.46.6         FIELD TRIPS AND STUDENT TRAVEL

In the development of a trip, staff is responsible for assuring that:

1. The objectives of the trip are integral to the academic content under study and the instructional program.

2. The trip will not adversely disrupt the overall learning environment of the school.

3. Individual student grades, eligibility or course requirements will not be adversely affected by participating in the trip. However, participating students are responsible for and required to makeup assigned work in classes missed.

4. Appropriate education experiences will be provided for those students who do not participate in the trip.

5. Schools must provide financial options to ensure maximum participation by all interested and qualified students regardless of economic circumstance.  No student may be denied participation for financial reasons in a school-sponsored field trip. (Field Trips are referred to as trips related to a particular class curriculum and or school wide activity. This does not apply to Athletic and Activity sponsored Trips. For further details regarding athletic and activity trips, please see the Athletic and Activity Handbook)

6. The proposed program is feasible within the time limit.

7. Teachers not participating in the trip, who have regularly scheduled learning activities for students for whom the trip is planned, are informed of the proposed plans at least 5 work days prior to the scheduled field trip.

8. Chaperones should be assigned based on the age and number of students, location and type of activity.  Additionally, the appropriate number of chaperons should be based on the age of students and type of activity.  Children who are not part of the group participating in the trip may not accompany parents when the parents serve as chaperones. The school must follow all state laws with regard to volunteer background checks for chaperones who may have unsupervised access to any student.

9. A sufficient number of chaperones, including the teacher, coach or sponsor must ride with the students on buses used for field, activity or athletic trips.  (Sufficient number is determined by number of students on the bus and approved by building supervisor.)

10.      A participation roster must include all students participating in the trip and their emergency information, as well as all staff/sponsors/coaches and chaperones. The roster must be carried with the sponsor/coach on the trip and a copy submitted to the school office prior to departure. Two additional copies of the roster must be taken with the sponsor/coach in case of an emergency. A copy of the participation roster must be provided to the bus driver(s) prior to departure.

11.      A written plan is developed for the administration of medication for any   student requiring such assistance.

12.      Travel by students representing a particular school and traveling under the name of the school will be allowed under the following conditions:

a)    All trip proposals should be in writing and submitted to the building principal.

b)    All travel must be in connection with the school program.

13.      In the event a recognized student school group or organization wants to go on a trip which is school sponsored but only indirectly related to a school program, the following conditions must be met:

a)    The group or organization must raise the entire amount of monies needed for the trip.

b)    No regular school time will be missed as a result of the trip.

14.   Students participating on a field trip during school hours are expected to make up any school work missed and the student’s absence is recorded as “excused.”

15.   All participants must comply with the time schedule allotted for the trip.

16.   In the interest of safety for students and staff, no activity travel will be scheduled between 1:00 a.m. and 5:00 a.m. without prior approval.


2.46.7     Cancellation of Trips

1.    Cancellation of trips may occur due to weather, safety, world events or local district/school need.  Trips will be canceled only under circumstances under which appropriate school authorities believe it is reasonably cautious and prudent to do so in order to ensure the safety of students and staff or to ensure the effective operation of the local school.  In such cases, every effort will be made to provide as much advance notice as possible.

2.     Farmington Municipal Schools is not responsible for financial losses to students and parents due to cancellation of trips.

3.     The authority to cancel trips rests with the Superintendent or the Superintendent’s designee.

4.     Insurance coverage for out-of-state trips shall be acquired to cover the cost of any cancellation fees.

2.46.8         Procedures for a Field Trip/Activity Trip

Teacher must obtain principal and parental permission for student field trips and adhere to the following procedures:

1.   Staff and students, when appropriate, develop plans for the school sponsored field trip according to the guidelines listed above and submitted to the principal for approval.  The principal must approve a trip before any contractual commitments may be made or any payments collected from students or parents.

2.   Once a trip is approved, the following steps shall be carried out by the responsible school personnel:

a.       Farmington Municipal Schools transportation shall be utilized where available and economically feasible.  When a Farmington Municipal Schools bus is required, all procedures for transportation of students are followed.

b.       When commercial carriers are used, only those approved by the Farmington Municipal Schools Transportation Director may be utilized.

c.       When transportation is provided as in (a) or (b) above, all students should be transported as a group.

d.       If a Farmington Municipal Schools employee or parent transports students, only their own child(ren) may be transported by them.

e.       Parents are provided with specific written information about the instructional goals and learning objectives of the trip, costs, payment options (if any) and transportation arrangements – including departure time and approximate time of return.  Parents will also be provided with information regarding cancellation procedures as outlined in this regulation.

3.     The principal is responsible to:

a.        Ensure that student field trips have an educational purpose, are age appropriate, necessary safety precautions are considered and parental consent has been obtained.

b.     Obtain and retain on file written parental permission for students who have not established age of majority to participate in a field trip.

c.     Ensure that a child who is in custody (i.e. foster home placement) has the parental consent form signed by the CYFD department social worker and not the foster parent.  The foster parent or the school should contact the CYFD social worker to obtain the signature and consent.

d.     Signing any contractual agreement with a public carrier or any other service provider.

e.     Insurance coverage for out-of-state trips shall be acquired to cover the cost of any cancellation fees.

f.     The participants and their parents understand, assuring that all plans and arrangements are in place.

g.     Assuring that the field trip is directly related to the instructional program and content under study at the time of the trip.

4.         School staff is responsible for:

a.     Setting behavior expectations for both participation in the trip and the behavior expected on the trip, as well as communicating these expectations and the consequences for failure to meet them to students and parents prior to the trip.

b.     Carrying a list of the names of students and chaperones participating and their emergency information and submitting a copy of the list to the principal prior to the trip.

c.     Provide appropriate supervision.

d. Notifying the principal of any emergency situation (e.g. an accident involving a student(s), student missing from the group, etc.).

Students participating on a field trip during school hours are permitted and expected to make up any school work missed and the student’s absence is recorded as “excused.”

All participants must comply with the time schedule allotted for the trip.

In the interest of safety for students and staff, no activity travel will be scheduled between 1:00 a.m. and 5:00 a.m. without prior approval.

Adopted:

Last Revision:  4/13/17

2.47  STUDENT TRANSPORTATION

2.47.1     For rules pertaining to conduct on school buses and other transportation regulations, parents of elementary students should consult the Elementary School Parent Handbook; secondary students will be provided a list of rules and regulations for transportation. The Principal is responsible for reviewing these rules carefully and thoroughly with the students in his/her school.

2.47.2         Except in cases of extremely hazardous walking conditions, no school bus route shall be established or maintained for distances less than:

A.    One (1) mile, one-way, for students in grades K through five (K-5).

B.     One and one-half (1 1/2) miles, one-way, for students in grades six (6) through eight (8).

C.     Two (2) miles, one-way, for students in grades nine (9) through twelve (12).

2.47.3     Exceptions to 2.47.2

State regulation NMAC 6.41.3 (12/31/98) identifies the criteria to establish hazardous walking conditions, which includes a recommendation from the local police agency.  If a hazardous walking condition “is determined by the local school board and confirmed by the state transportation director, then students of any grade may be transported a lesser distance than that provided by law”.  And, “the local board of education and the state transportation director must approve any costs incurred for implementing transportation due to the qualification of the hazardous walking standards prior to implementation.  The costs must be within the available resources of the categorical transportation appropriation.”  In other words, under these conditions, students may be transported a lesser distance than the above established distances, and the district may receive reimbursement from the state for the cost incurred in transporting these students.

The Farmington Municipal Schools Board of Education reserves the right to identify, on a space available and case by case basis, hazardous walking conditions which exceed Public Education Department standards and which it feels may pose a safety hazard for its students.  The Board of Education, in extending transportation services to students under these conditions, may choose to incur additional costs. These students will not be claimed as eligible riders.  If the determination is made but space is not available then this service cannot be extended. This determination will require recommendation from the local applicable police agency and/or local traffic control unit. Parents should be informed of and understand that, if the approved condition is found at a later date to no longer pose a hazard, then this additional service would be terminated.

Adopted:  12/1993

Last Revision:  4/13/17

2.48  ACTIVITY TRANSPORTATION

2.48.1   Purpose

To provide, in so far as possible, for the safety, health and welfare of students, bus drivers and/or other persons as assigned and/or delegated on activity trips.

2.48.2   Mandatory Maximum Driving Time (NMAC 6.41.4.9K)

A.     A driver operating a motor vehicle for the purpose of transporting students to or from a school sponsored activity shall not have more than 10 hours total driving time, or more than 8 hours continuous driving time.  A driver shall not be permitted to be on-duty a total of more than 15 hours in a 24-hour period.

B.     The following conditions shall be met in order for a driver to be considered “off duty”:

1.    The driver is relieved of duty and all responsibility for the care and custody of the vehicle, its accessories, or any cargo or passengers.

2.    The duration of the driver’s relief from duty is a specified, adequate period of time to allow the driver to rest and to pursue activities of his/her choosing off the premises where the vehicle is situated.

2.48.3         Rest and Relaxation During Trips

A.     A minimum of one stop of fifteen (15) minutes or more for each 100 miles traveled will be provided for students and driver(s).

B.     Adequate time for meals will be allowed during an activity trip.

2.48.4         Approved Vehicles  (NMAC  6.41.4)

In order to promote the safe transportation of school students and to reduce the district’s liability in case of an accident, the use of school owned or private vehicles should be on a limited basis.

A school owned or privately owned vehicle, other than a school bus, that is used to transport students on school sponsored activity trips must meet the following criteria:

A.     May not accommodate more than 9 people including the driver.  Districts, however, must use an activity school bus any time the school sponsored activity involves more than 18 passengers or would require more than two school-owned or private vehicles to transport students to the same destination. However, a written waiver may be requested through the Superintendent for a school employee to drive students in a 9 passenger or less school vehicle to school sponsored activities.

B.     All occupants must have seat belts available and are required to wear them while the vehicle is in motion.

C.     The cargo securement system is designed to ensure that no object is likely to become a flying missile in a crash situation i.e. a cargo net or other adequate securement tie-down or shall be carried in the trunk or in an external cargo carrier.

D.     Acceptable vehicles include six passenger sedans, six to nine passenger station wagons, and six to nine passenger sport utility vehicles.

E.     Vans, mini-vans, and cars seating less than six passengers are unacceptable vehicles.

2.48.5         Procedures governing use of private vehicles

A.     Authorization for use of private vehicles must be obtained at the Principal’s office. It is the responsibility of the sponsor to submit the signed private vehicle form(s) with proof of insurance to the Principal’s office, plus an alphabetized list of students making the trip.

B.     Private vehicles must comply with state regulations for approved vehicles. They must be driven by a school employee, approved non-student adult, or parent.  Vehicles must conform to state law regarding restraint devices. Drivers must conform to regulations identified in 2.48.6 below.

2.48.6     Activity Drivers  (NMAC  6.41.4:  Effective July 1, 2001)

A.     An activity bus driver must have a valid New Mexico commercial driver’s license, meet all qualifications and licensing requirements, and obey all regulations in the district’s Transportation Handbook and Board of Education Policy Guide.

B.     Non-School Employees:  An approved non-student adult or parent school sponsored activity trip driver of a school owned or privately owned vehicle must meet the following qualifications and licensing requirements prior to approval to transport students.

1. Must have a valid Motor Vehicle Department Operator’s License and be willing to produce such upon request by school officials.

2.        Must be willing to sign a written authorization/release for school officials to conduct a confidential MVD driver background check.

3. Must obey all school regulations and state laws.

4. A driver will be denied approval to transport students if the MVD driver background check reveals a conviction of:

a)    Any of the following offenses in the driver’s history:

• causing property damage, injury, or death by hit and run

• causing injury or death while evading a police officer

• vehicular homicide or manslaughter

b) Any of the following offenses within the last five (5) years:

• driving under the influence of liquor or any drug

• reckless driving

• hitting an unattended vehicle without notifying the owner

•  driving on the wrong side of a divided highway

• exhibition of speed/speed contest


C.     School Employees:  A school sponsored activity trip driver of a school owned or privately owned vehicle who is a school employee must meet the following qualifications and licensing requirements prior to approval to transport students.

1. Must have a valid Motor Vehicle Department Operator’s License and be willing to produce such upon request by school officials.

2. All out-of-state residents must be willing to sign a written authorization/release for school officials to conduct a confidential MVD driver background check.

3.    Must obey all school regulations and state laws.

4.    A driver will be denied approval to transport students if the MVD driver background check reveals a conviction of:

a) Any of the following offenses in the driver’s history:

•  causing property damage, injury, or death by hit and run

•  causing injury or death while evading a police officer

•  vehicular homicide or manslaughter

b) Any of the following offenses within the last five (5) years:

•  driving under the influence of liquor or any drug

•   reckless driving

•  hitting an unattended vehicle without notifying the owner

•   driving on the wrong side of a divided highway

•  exhibition of speed/speed contest

5.    If employed after the 1997-98 school year, must have a criminal background check on file.

6.    Must successfully complete and thereafter submit to random substance and alcohol tests. 

7.    Must provide a physical examination on New Mexico State Department of Education physical exam form initially and every two years thereafter.  Must pass same standard as CDL bus drivers. 

8.    Must conduct pre and post vehicle trip inspection on District’s inspection form.

9.    Must annually complete a minimum 12 hour driving training course. 

2.48.7     Emergency Procedures

A.     If more than one vehicle is driving to the same activity, the vehicles must travel together to render assistance to each other if needed.

B.     School-owned buses used for the purpose of transporting student on school-sponsored activity trips shall follow the accident procedures of the New Mexico School Bus Driver’s Handbook.

C.     Private vehicles shall follow the accident procedures as established by law.

D.     In case of emergency requiring the notification of parent (s) or guardian (s), the trip sponsor shall notify the school Principal, or in his/her absence, the Assistant Principal, who in turn, immediately notifies the Chief of Operations.

E.     In cases of very urgent or emergency situations, the Superintendent or his/her designee has the authority to temporarily approve an activity driver.

2.48.8     Inspection

A.     All school bus type vehicles used in such activities, must meet the inspection requirements established by the State Bus Driver’s Handbook.  New Mexico law requires replacement cycles of 12 years (route) and 15 years (activity) busses.

B.     All other vehicles used in such activities must meet inspection requirements as established by law.  School owned vehicles will have documentation of a maintenance program including pre- and post-trip inspections.  School owned vehicles which are used to transport students on school sponsored activity trips shall be replaced every 10 years or 150,000 miles, whichever comes first.

2.48.9     Insurance

A.     Private vehicles used must be covered for bodily injury, property damage liability, medical payments and the statutory uninsured motorist coverage by the owner (s) written verification of which is made on the private vehicle form.

B.     The school’s insurance does not cover the individual owner’s responsibility of liability in any way.

C.     School-owned buses and vehicles are covered for bodily injury, property damage liability, medical payments and the statutory uninsured motorist coverage.

Adopted:  12/1993

Last Revision:  4/13/17

2.49  STUDENT ACCIDENT INSURANCE

2.49.1     Group accident insurance is available to all students at parent expense. 

2.49.2     In the case of athletes not participating in the school-sponsored insurance program, the parent or legal guardian must sign a form stating that they have sufficient health and accident insurance to cover the cost of medical and hospital treatment of all injuries which might be experienced while participating in interscholastic athletics.  The school system will not be held responsible for any payment on such injuries; a signed form is mandatory before students may participate.

2.49.3     Catastrophic Insurance

The Farmington Municipal School District protects students with catastrophic injury coverage for school time activities at no cost to parents.

Adopted:  12/1993

Last Revision:  4/13/17

2.50  PUBLIC INFORMATION DISSEMINATION

2.50.1     The Farmington Municipal Schools Board of Education recognizes its unique capacity and ability to disseminate certain kinds of information to the community through its student population. Any request for distribution or posting of information to students and staff must be submitted to the Office of the Deputy Superintendent for review and approval

2.50.2     The Board also acknowledges its responsibility to utilize this capacity in an ethical manner.

2.50.3     Therefore, it shall be the Board’s policy to allow distribution of materials that promote educational projects and programs and encourage involvement of the District’s students in service learning or community service activities, subject to their view of such materials by site administrator.  In addition, the Farmington Municipal Schools will distribute general, informational literature during district initiated elections.

2.50.4     The Farmington Municipal Schools will, however, refrain from sending home with students, materials which promote personal or corporate gain.  The Board and Administration shall not allow instructional staff or outside individuals, organizations or groups to distribute information, in any medium, to students in the classroom unless it is part of the approved classroom curriculum being presented by a teacher in a content neutral manner. Instructional staff shall obtain advanced approval from the School Principal of all non-employee speakers intended to be brought into the classroom and all materials proposed to be distributed to students which espouse an advocacy position on topics of public or private concern to assure that they are curriculum related.

Adopted:

Last Revision:  4/13/17

2.51  STUDENT HANDBOOKS

Student handbooks at the Elementary and Secondary levels will be developed at the appropriate level and based on Board policy. 

Adopted:

Last Revision:  7/13/17

(Note:  Numbers 2.52through 2.56 reserved for future policies)

HEALTH

2.56  IMMUNIZATION AND HEALTH PROGRAM

2.56.1     NMSA 1978, § 24-5-2 makes it unlawful for any student to enroll in school unless the student is properly immunized or in the process of being properly immunized and can provide satisfactory evidence of such immunization, unless the child is properly exempted.  Please note that this includes students who are over 18 years of age.

2.56.2     NMSA 1978, § 24-5-4,NMAC 7.5.2.8 and NMAC 6.12.2.8(F) authorize and require each school superintendent to prepare a record showing the required immunization status of every child enrolled in or attending a school under his or her jurisdiction.

2.56.3     NMAC 6.12.2.8 requires that schools start disenrollment proceedings for students who are unable to provide either valid satisfactory evidence of immunizations or valid exemption from immunizations.

2.56.4     NMAC 6.12.2.8 and NMSA 1978, § 24-5-2 also stipulate that parents or guardians who neglect or refuse to permit their child to be immunized against diseases as required by law shall be reported by the school superintendent to the director of the public health division.

2.56.5     Schools will be required to submit reports on immunization coverage for students in kindergarten and 7th grade by November 1st each year.

2.56.6     By December 1st of each year, schools will dis-enroll non-compliant students until such time as the student is properly immunized as required by the Sate of New Mexico or presents a valid exemption.

2.56.7     By December 10th of each year, the Superintendent will provide the Immunization Program with copies of disenrollment letters to prove that they are complying with New Mexico law NMSA 1978, § 24-5-2.

2.56.8     For medical exemptions, the parents must file a medical exemption form (notarized) every school year with the State. 

For religious exemptions, notarized exemption form must be submitted every year.

Adopted:

Last Revision:  4/13/17

2.57  STUDENT HEALTH RECORDS

Health records will be kept on all students in the nurse’s office. These records will be part of the educational record and will be shared with school staff on a need to know basis only.

Adopted:

Last Revision:  4/13/17

2.58  MEDICATIONS

2.58.1     Medications will be administered at home whenever possible.  If necessary, medications may be administered upon receipt of written authorization by the parent subject to the following conditions:

2.58.2     The student receiving prescribed medication at school must have a “Permission Form for Administering Medications in the Schools” signed by a physician and parent/guardian. This authorization shall include name of student, name of medication, strength and prescribed dosage, route of administration, and time schedule for administration. Each authorization for administering medications shall be valid only for the current school year. In addition, the parent(s) must provide a telephone number by which the parent may be reached in the event of an adverse reaction to the drug.

2.58.3     The child must be instructed by the parent or the physician on how to take his/her medication.  Young and disabled children should be taught according to their level of capability.  The child should know why he/she takes the medication and according to what schedule it should be given.

2.58.4     Older students may be allowed to assume responsibility for administration of their own medically prescribed medications, provided that self-administration is recommended, in writing, by the prescribing physician and the parent/guardian.

2.58.5     The container with the medication must be labeled with the name of the drug, the strength and correct dosage schedule for administration, the name of the student and the name of the physician.

2.58.6     The school nurse must be notified of all students taking medications at school.  This notification is the responsibility of the student or parent.

2.58.7     Any medications that are kept in a central location will be in a locked closet or cabinet, with the exception of emergency medications such as glucagon, epinephrine, and rescue inhalers.  Keeping medications at the school is an accommodation to the student, and the district is not responsible for loss or damage resulting from theft.

2.58.8     Non-prescription medications may not be administered without prior written parent or guardian consent.

2.58.9     All medications shall be administered under the supervision of the school nurse who shall also prescribe the procedures and records to be utilized. Procedures are found in the building Administrative Handbook.

Adopted:

Last Revision:  4/13/17

 2.59  NURSING REPORT

2.59.1     New Mexico School Nursing Reports will be prepared by the Coordinator of School Nurses and be made on an accumulated basis for the year, by the Nursing Coordinator to the Public Education Department and to the Board of Education, at the conclusion of the school year.

Adopted:

Last Revision:  7/13/17

2.60  FIRSTAID

2.60.1     In the case of a known accident or sudden severe illness, the school gives immediate first aid and attempts to notify parents.  First aid is the immediate and temporary care in case of accident and sudden illness by non-medical persons before the services of a physician or dentist can be secured. School personnel should not attempt to give any treatment beyond first aid and should wear protective gloves when there is the chance of coming in contact with body fluids.

2.60.2     OSHA regulations require the reduction of risk to employees from blood borne pathogens.  Any employee exposed to blood or other potentially infectious materials while on duty will be offered a three-injection vaccination series. All needed information is available in the Nurse Coordinator’s office.

2.60.3     It is the policy of Farmington Municipal Schools that all students will be provided with immediate first aid and 911 emergency medical services when a medical crisis or life threatening situation occurs.  In the event of any life-threatening situation, appropriate emergency medical services will be contacted and the district will take reasonable action to preserve or protect the student’s life until the arrival of Emergency Medical Services (EMS), including those who might otherwise have DNRs in effect in their homes.  For students who present a life threatening health condition or a Do Not Resuscitate (DNR) order, a health management plan will be developed by a team of at least a school nurse, parents, teacher(s) and building administrator in consultation with the student’s physician.

Adopted:

Last Revision:  4/13/17

2.61  SELF-MUTILATION

2.61.1     Self-Mutilation is described as when individuals intentionally harm themselves.  It is an intentional act that is socially unacceptable, repetitive, and results in minor to moderate harm without the intent to die.  This form of self-mutilation often occurs in secret as an expression of deep pain and emotional unrest.  Cutting is reported as the most common practice of self-mutilation.  It is the intent of the Board of Education to alert staff as to the practice, what to look for and whom to report to, if this occurs. Procedures for observing and handling self-mutilation can be found in the Administrative Handbook and the Faculty Handbook.

2.61.2     An annual review of this practice and the procedures to follow, if observed, is to be completed with all nurses, nursing assistants and administrators.  The nurse coordinator will be responsible to provide this review.

Adopted:

Last Revision:  4/13/17

2.62  COMMUNICABLE DISEASES

2.62.1     Farmington Municipal Schools shall strive to protect the safety, health and confidentiality of students in our care as well as employees of the district.  Staff shall cooperate with public health authorities to promote these goals.

2.62.2     Farmington Municipal Schools will use the guidelines in the Communicable Disease section of the New Mexico School Health Manual, which is located in each health room in the district and on-line at http://nmschoolhealthmanual.org/.  Questions about communicable disease will be referred to the school nurse who will follow the recommendations for school action in the manual and will consult with state and local public health authorities as needed.

2.62.3     All employees will follow infection control guidelines.  Schools will operate using Universal Precautions as outlined by the United States Occupational Safety and Health Administration (OSHA) for the prevention of blood borne pathogens. Posters on safety precautions are posted in the Health Office of each district building.

Adopted:

Last Revision:  4/13/17

2.63  ABSENCE DUE TO ILLNESS/INJURY

2.63.1  Since prolonged absence can hamper student performance in most areas of instruction, Principals may require a doctor’s statement as to the nature of the illness/injury and expected length of absence.  This requirement can be utilized when a student has been absent five (5) or more consecutive days or more than 3 separate absences of more than three (3) consecutive days within a quarter. 

Homebound/hospital instruction may be provided after the student has been absent ten (10) days after determination of need.  The appropriate building Principal will approve Homebound/Hospital services.  As soon as an extended absence is known or expected, the building principal will need to initiate enrollment in the program as outlines in the Administrative Handbook.

2.63.2  EXCUSED ABSENCES FOR PREGNANT AND PARENTING STUDENTS

A. Each school district and charter school shall maintain an attendance policy that:

(1)      provides at least ten days of excused absences for a student who provides documentation of the birth of the student’s child and provides excused absences for any additional days missed by a pregnant or parenting student for which a longer period of absence is deemed medically necessary by the student’s physician; provided that the student shall be allowed a time period to make up the work that the student missed that equals the number of days the student was absent for the birth of a child; and

(2)      provides four days per semester of excused absences, in addition to the number of allowed absences for all students, for a student who provides appropriate documentation of pregnancy or that the student is the parent of a child under the age of thirteen needing care; and allows the student a time period to make up the work that the student missed that equals the number of days the student was absent.

B. The pregnant or parenting student is responsible for communicating the student’s pregnancy and parenting status to the appropriate school personnel if the student chooses to disclose the information.

C. The school district or charter school shall provide a copy of the pregnant and parenting student absence policies to all students in middle, junior high and high schools.

HB300

Adopted:

Last Revision:  8/10/17

2.64  CHILD ABUSE AND NEGLECT

2.64.1   New Mexico law requires that school employees who know or suspect that a student is an abused or a neglected child shall immediately report the matter to:

A.     the criminal prosecution division of the office of the district attorney; or

B.     the county social services office of the human services department in the county where the student resides; or

C.     the probation services office of the judicial district in which the student resides.

2.64.2   So long as such report is made in good faith, the reporting school employee shall be immune from civil liability or criminal sanctions for their action.  Any school employee who permits a member of a law enforcement agency or an employee of the human services department to interview the student with respect to that report without the permission of his parent, guardian or custodian is presumed to be acting in good faith and shall be immune from civil and criminal liability that might otherwise be incurred, unless the employee acted in bad faith or with malicious purpose.

2.64.3   All employees have a mandatory, nondiscretionary duty to report known or suspected abuse or neglect of a student.

2.64.4   It is not the duty of the school employee making the report to conduct an investigation to determine whether the student identified has in fact been abused or neglected.  The duty to investigate the report is set forth in Section 32-1-15 of New Mexico Statutes.

2.64.5   The failure of any school employee to report knowledge or suspicion of child abuse or neglect will be cause for criminal prosecution and may be cause for discipline of the employee.

Adopted:

Last Revision:  4/13/17

2.65 CONCUSSION MANAGEMENT POLICY AND CONCUSSION MANAGEMENT PROTOCOL

2.65.1   Without exception, all District personnel, including but not limited to, coaches, sponsors, students and parents/guardians of students involved in any manner whatsoever with co-curricular and extra-curricular athletic programs are required to be informed about and comply with the Concussion Management Protocol, which is available at online at * the Administration Building, all school sites and FMS facilities.  

2.65.2  Failure to comply with the Concussion Management Policy and Concussion Management Protocol on the part of a student or the student’s parents will result the in the student’s suspension of the co-curricular or extra-curricular activities for the remainder of the school year. 

See also Policy 4.59.

Adopted:

Last Revision:  4/13/17

Section II Adopted: 4/13/2017

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