Table of Contents Page(s)

1-4 • Directions to Berkeley County Schools

• Student Handbook – Rights and Responsibilities 5 Handbook Summary (Grades 9-12 only)

• Mission Statement 6

• Core Beliefs 6

• School Calendar For 2010 - 2011 7-10

• School Admission Policies Entrance Age 11-21 Attendance And Tardies

• Dress Code 22-23

• Student Health 24-26 Immunizations Illness Medication Policy Communicable Diseases Student Accident Insurance

• Instruction and Curriculum 27-32 Areas of Instruction Textbooks and Instructional Materials Student Progress Reporting Marking System Nine-Week Reporting Homework Semester Exam Procedures Testing Out Program (TOP) Accepting Credits Earned Before Grade 9

• Special Education Procedural Safeguards Available to Parents and Students with Exceptionalities 33-49

Technology 50-57 Berkeley County Schools Telecommunications Acceptable Use Policy Parental Consent and Waiver Form (Sample) Adult Consent and Waiver Form (Sample)

• Food Services 58-60 Breakfast Lunch Packed Lunches Reduced-Priced Meals Available Billing Procedure Nondiscrimination and Complaint Statement Berkeley County Schools Food Services Account Agreement (Sample) Does It Meet Standards Vending Machine Guidelines

• Transportation Information 61-62 Student Conduct On Buses Student Bus Regulations Examples of Major Infractions Bus Stops School Bus Safety Guidelines 63-68 • General Information and Procedures Guidance Program Drop-Out Prevention Program Special Education Referral Process Student Rights Child Abuse and Neglect Parent Liability Citizen’s Appeal Public Access To Information Procedure For Requesting Sign-Language Interpreter General Statement Purpose Guidelines For Requesting Sign Language Interpreter Protecting The Privacy of Student Information (Notification Of Rights Under FERPA and Policy 4350) Notification Field Trip Preparation and Chaperone Procedures Chaperone’s Responsibilities Notification of Management Plan

• Communicating School Information 69 Berkeley County Schools Web Site and Cable Channel Weather Delayed Openings and Early Closing Listing of Radio/TV Stations Accessing School Activities

• Berkeley County Schools Title I District Wide Parental Involvement Policy 70-73

• Student Conduct 74-88 Student Code of Conduct Tobacco Policy Drug and Alcohol Violations Student Code of Conduct Contract for Students (Sample) Student Code of Conduct Contract for Parents/Guardians (Sample)

• Student Identification 89

• Harassment, Bullying and Intimidation Policy 90-95 General Statement of Policy Definitions A. Racial Harassment B. Sexual Harassment C. Religious/Ethnic Harassment D. Disability Harassment E. Racial Violence F. Sexual Violence

G. Religious/Ethnic Violence H. Disability Violence I. Bullying, Harassment and/or Intimidation Reporting Procedures A. In Each School Building B. District Wide C. General Guidelines Investigation and Recommendation Possible Consequences of Harassment, Bullying and/or Intimidation Student Discipline Faculty and Staff Discipline Discipline of Non-School Related Personnel Reprisal False Accusations Right To Alternative Complaint Procedures Notification Policy Training and Dissemination Prevention Programs Sexual Harassment As Abuse Student-Employee Relationships Prohibited Policy Development

• Safe Schools Act 96

Highlights of The West Virginia Safe Schools Act

• Berkeley County School Policy Summaries 97-98 Racial, Sexual, Religious/Ethnic Discrimination Harassment and Violence Policy Summary Racial, Sexual, Religious/Ethnic Discrimination Grievance Procedure Notice For Discrimination

• Parental Signature Sheets Parental Signature Sheet (For Elementary-Primary-Intermediate Parents To Sign) 99-100 Signature Sheet Food Services Account Agreement (Sample) Student Code of Conduct (Sample) Use Of Internet (Sample)

• Discrimination Disclaimer 101

August 23, 2010

Dear Berkeley County Parents and Students:

The following pages were developed to provide you with a better understanding of Berkeley County Schools’ policies. We ask you review this handbook and discuss its contents with your child/parents.

During the 2010–2011 school year, Berkeley County Schools will continue our commitment to provide a quality education for each and every student. As parents, your involvement is a key element to your child’s successful education. Together, good communication and a clear understanding of our expectations of your student’s performance in our school system will ensure a positive and successful educational experience for all.

There is a form in the back of this handbook that each student must return to his or her school. Students in grades Pre K-5 will need to have a parent/guardian sign the form and return it to the school. If your student is enrolled in grades 6-12 he/she will need to sign the form and return it to the school.

As superintendent, it is an honor and privilege to work with each of you. I hope we can work collaboratively to make every student’s educational experience memorable.

Sincerely,

Manny P. Arvon Superintendent

Directions to Berkeley County Schools Academic Learning Center – Located on Route 11 South of Martinsburg in Pikeside. Houses Adult and Community Education offices, pre-school special needs classes, Transition School and GED testing center. From Exit 13, take I-81 South to Exit 12 (Winchester Avenue/Charles Town). At bottom of ramp, turn left onto Route 45 East (Apple Harvest Drive). At third traffic light, turn right onto Route 11 South. Continue on Route 11 South for 2.2 miles. School is on left, just past Pikeside Motel.

Adult Education - See directions for Academic Learning Center.

Back Creek Valley Elementary – Located on Route 7 at Ganotown, north of Glengary in southwest Berkeley County. From Exit 13, take I-81 South to exit 5 (Inwood). Turn right onto Route 51 West (Gerrardstown Road). Continue west approximately 4.5 miles. At the top of the mountain, turn left at the stop sign. Go approximately 2.4 miles to Glengary. Turn right onto Route 7 North (Back Creek Valley Road). Go about 1.8 miles. School is on right, next to fire company.

Bedington Elementary - Located on Route 5 (Bedington Road), east of Route 11 (Williamsport Pike), in northeast Berkeley County. From Exit 13, take I-18 North to Exit 20 (Spring Mills Road; Route 901). Turn right at top of exit ramp onto Route 901 East. At stop sign, turn right onto Route 11 South. Go .25 miles to Bedington. Turn left onto Route 5 (Bedington Road). Go about 0.1 miles. School is on the left.

Berkeley Heights Elementary - Located on Route 9/31 (old Route 9), east of Martinsburg. From Exit 13, take I-81 South to Exit 12 (Winchester Avenue). Turn left onto Route 45 East (Apple Harvest Drive). Continue on four-lane through four traffic lights. Follow Route 9 East. Continue under the overpass. After going under the overpass, turn left at sign for VanMetre Avenue. Bear left onto Hack Wilson Way (do not drive straight ahead onto VanMetre Avenue). Look for green/white school sign. School is at the end of the road on the right.

Board of Education - Located at 401 South Queen Street in Martinsburg. From Exit 13, turn onto King Street toward downtown Martinsburg. After crossing over railroad tracks, go to fourth traffic light at Queen Street. Turn right onto S. Queen Street. Central Office is on southwest corner at next traffic light. Parking lot is behind building.

Bunker Hill Elementary – Located on Route 11 (Winchester Avenue), about 2 miles north of the Virginia state line in southern Berkeley County. From Exit 13, take I-81 South to Exit 5, Inwood. At top of ramp, turn left onto Route 51 East (Gerrardstown Road). At traffic light, turn right onto Route 11 South (Winchester Avenue). Continue on Route 11 South for 2.8 miles, passing through Bunker Hill. School is on left. Turn left onto Happy School Avenue just before railroad tracks.

Burke Street Elementary – Located at the intersection of Raleigh and West Burke Streets in downtown Martinsburg. From Exit 13, turn right onto King Street. Continue on King Street to intersection with S. Raleigh Street (second traffic light after passing over railroad tracks). Turn left onto Raleigh Street. Go one block to traffic light. School is on right (northeast corner of intersection).

Bus Garage – Located on Harlan Springs Road (Route 1), northwest of Martinsburg. From Exit 13, take I-81 North to Exit 16W (Berkeley Springs/Hedgesville). Take Route 9 West. Go to third traffic light (0.9 mi.) turn right onto Harlan Springs Road (Route 1). Look for cyclone fence on right. Bus Garage is on right.

Driving Range – Located on Cumbo Road (Route 1/6) behind James Rumsey Technical Institute in northwest Berkeley County.

Berkeley County Schools’ Student Handbook 2010-2011 Page 1 From Exit 13, take I-81 North to Exit 16W (Berkeley Springs/Hedgesville). Take Route 9 West for 2.8 miles. Just past James Rumsey Technical Institute, turn right at Cumbo Road. Go 0.4 mile. Driving Range is on right.

Eagle School Intermediate – Located on Eagle School Road in northern Martinsburg. From Exit 13, take I-81 North to Exit 16E (N. Queen St.). Take Route 9 E to Eagle School Road (4th traffic light; Route 45/5). Turn left onto Eagle School Road. Continue for 0.7 mile. School is on the right.

Gerrardstown Elementary – Located off Route 51 in Gerrardstown in south-central Berkeley County. From Exit 13, take I-81 South to Exit 5 (Inwood). At top of ramp, turn right onto Route 51 West (Gerrardstown Road). Go 2.6 miles to Dominion Road (51/2). Turn right onto Dominion Road, which becomes Bowers Street. School is on the right at the end of Bowers Street.

Hedgesville Elementary – Located on Schoolhouse Drive in Hedgesville in northwest Berkeley County. From Exit 13, take I-81 North to Exit 16W (Berkeley Springs/Hedgesville). Take Route 9 West for about 4.2 miles. At Hedgesville, turn right at 7-Eleven Store onto Schoolhouse Drive. School is on right.

Hedgesville High – Located at the intersection of Route 4 (Ridge Road North) and Route 9 West, east of Hedgesville in northwest Berkeley County. From Exit 13, take I-81 North to Exit 16W (Berkeley Springs/Hedgesville). Take Route 9 West to Route 4 (Ridge Road North), about 2.9 miles, just past James Rumsey Technical Institute on the right. Turn right at the traffic light onto Ridge Road North. School is on left.

Hedgesville Middle – Located at intersection of Route 901 (Hammond’s Mill Road) and Route 9/33 in Hedgesville in northwest Berkeley County. From Exit 13, take I-81 North to Exit 16 W (Berkeley Springs/Hedgesville). Take Route 9 West for 4.2 miles. Turn right at 7-Eleven Store onto Schoolhouse Drive. Go past Hedgesville Elementary School on the right. Continue on Schoolhouse Drive to the end. School is on right.

Instructional Resource Center – Housed on the second floor of Ramer Center. Please refer to directions to Ramer Center.

Inwood Primary – Located on Route 11 in Inwood in south-central Berkeley County. From Exit 13, take I-81 South to Exit 5 (Inwood). At top of ramp, turn left onto Route 51 East (Gerrardstown Road). At traffic light, turn right onto Route 11 South (Winchester Avenue). Go 0.1 mile, past bank, post office and florist on the right. School is on right.

James Rumsey Technical Institute – Located on Route 9 West of Martinsburg, in northwest Berkeley County. From Exit 13, take I-81 North to Exit 16W (Berkeley Springs/Hedgesville). Take Route 9 West for 2.7 miles. School is on right.

Marlowe Elementary – Located on Route 11 in extreme northern Berkeley County. From Exit 13, take I-81 North to Exit 23 (Falling Waters/Marlowe). At bottom of ramp, turn left onto Route 11 North (Williamsport Pike). Continue on Route 11 North for about 1 mile, passing through Falling Waters, to Marlowe. School is on right.

Martinsburg High – Located at 701 South Queen Street (Route 9) in Martinsburg. From Exit 13, turn right onto King Street heading east to Raleigh Street (second traffic light after passing over railroad track). Turn right onto South Raleigh. Go about 0.5 miles (6 blocks) to Bulldog Boulevard. Turn left onto Bulldog Boulevard. School is on right, across from South Middle School.

Martinsburg North Middle – Located at 105 East Road in north Martinsburg.

Berkeley County Schools’ Student Handbook 2010-2011 Page 2 From Exit 13, take I-81 North to Exit 16E (N. Queen St.). Take Route 9 East to Eagle School Road (4th traffic light; Route 45/5). Turn left onto Eagle School Road. At next traffic light (McDonalds), turn right onto East Road. Go past “Big Lots.” School is on right.

Martinsburg South Middle – Located on Bulldog Boulevard in Martinsburg, across from Martinsburg High. From Exit 13, turn right onto King Street heading east to Raleigh Street (second traffic light after passing over railroad track). Turn right onto South Raleigh. Go about 0.5 miles (6 blocks) to Bulldog Boulevard. Turn left onto Bulldog Boulevard. School is on left, across from Martinsburg High School.

Mill Creek Intermediate – Located on Route 11 South of Inwood in south-central Berkeley County. From Exit 13, take I-81 South to Exit 5 (Inwood). At top of ramp, turn left onto Route 51 East. At traffic light, turn right onto Route 11 South. Continue on Route 11 South for about one mile, passing through Inwood. School is on left, across from Musselman Middle School.

Mountain Ridge Intermediate – Located on Route 51 west of Inwood, WV. From Holiday Inn: Make a left at traffic light onto King Street. Take 81 S to Exit 5 – Inwood. Turn right onto Route 51 W and go 1.9 miles to school on the right.

From Board Office: Turn left onto Queen St. At next light make a left onto King Street (Route 11 S) and proceed as above.

Musselman High – Located on Route 11 South of Inwood in south-central Berkeley County. From Exit 13, take I-81 South to Exit 5 (Inwood). At top of ramp, turn left onto Route 51 East. At traffic light, turn right onto Route 11 South. Continue on Route 11 South for about 0.6 mile, passing through Inwood. School is on left.

Musselman Middle – Located on Route 11 South of Inwood in south-central Berkeley County. From Exit 13, take I-81 South to Exit 5 (Inwood). At top of ramp, turn left onto Route 51 East. At traffic light, turn right onto Route 11 South. Continue on Route 11 South for about one mile, passing through Inwood. School is on right, across from Mill Creek Intermediate.

Opequon Elementary – Located on East Road in north Martinsburg, diagonally across from Martinsburg North Middle School. From Exit 13, take I-81 North to Exit 16E (N. Queen St.). Take Route 9 East to Eagle School Road (fourth traffic light; Route 45/5). Turn left onto Eagle School Road. At next traffic light, turn right onto East Road. Go past Martinsburg North Middle School. At stop sign continue straight ahead for 0.1 mile. School is on left.

Orchard View Intermediate – Located at 1455 Delmar Orchard Road. From Ext 13, turn left onto King Street. Continue west across I-81. Delmar Orchard Road is the first street on the left, past I-81 Turn left onto Delmar Orchard Road and go approximately 1.5 miles. School is on the right.

Potomack Intermediate – Located on Route 11 in northern Berkeley County. From Exit 13, take I-81 north to Exit 20 (Spring Mills Road, Route 901). Turn right at top of exit ramp onto Route 901 East. At stop sign turn right onto Route 11 South (Williamsport Pike). Go 0.2 mile. School is on left.

Print Shop – Located on Eagle School Road in northern Martinsburg. From Exit 13, take I-81 North to Exit 16E (N. Queen St.). Take Route 9 E to Eagle School Road (4th traffic light; Route 45/5). Turn left onto Eagle School Road. Continue for 0.5 mile. Print Shop is on the right at 3-way stop.

Berkeley County Schools’ Student Handbook 2010-2011 Page 3 Ramer Annex – Located next to Ramer Center. Please refer to Ramer Center for directions. This building houses the Attendance Workers.

Ramer Center – Located at 515 West Martin Street in Martinsburg. Houses Instructional Resource Center and Office of Special Education and Social Services.

From Exit 13, turn right onto King Street. Continue east on King Street to railroad tracks. After crossing railroad tracks, turn left onto Tuskegee Drive. Go two blocks and turn right onto West Martin Street. Ramer Center is on right in the middle of block.

Rosemont Elementary – Located at 310 South Alabama Avenue in Martinsburg. From Exit 13, turn right onto King Street. Continue east on King Street to the third street on the right (second traffic light from Interstate exit; first traffic light is at Foxcroft Avenue). Turn right onto S. Alabama Avenue. School is on right.

Social Services – See directions for Ramer Center.

Spring Mills Middle School – Located east of Route 11 in northern Berkeley County. From Exit 13, take I-81 north to Exit 20 (Spring Mills Road, Route 901). Turn right at top of exit ramp onto Route 901 East. At stop sign, continue straight across Route 11 (Williamsport Pike). Go 0.2 mile. School is on left.

Tomahawk Intermediate – Located on Route 9 West of Hedgesville in northwest Berkeley County. From Exit 13, take I-81 North to Exit 16W (Hedgesville). Take Route 9 West for 6.1 miles, passing through Hedgesville. After going over Back Creek Bridge, school is at top of hill on left. Take second entrance into school parking lot.

Tuscarora Elementary – Located at 2000 Tavern Road (Route 10/1) in north Martinsburg. From Exit 13, turn right onto King Street. Turn left onto N. Tennessee Avenue. Continue on N. Tennessee past the War Memorial Park on the left. Road becomes Dry Run Road (Route 13). Just past City Hospital, turn right onto Tavern Road (Route 10/1). School is on left, just past church.

Valley View Elementary – Located at the intersection of Route 11 South (Winchester Avenue) and Nadenbousch Lane (Route 34), south of Pikeside in Berkeley County. From Exit 13, take I-81 South to Exit 8 (Tabler Station Rd., Route 32). At top of ramp, turn left onto Tabler Station Road. At stop sign, turn right onto Route 11. Continue on Tr. 11 (South) for 0.9 mile. At 7-Eleven Store, turn left onto Nadenbousch Lane (Route 34). School is on right.

Warehouse – Located next to Bus Garage. See directions for Bus Garage; enter via Bus Garage property.

Winchester Avenue Elementary – Located at 650 Winchester Avenue in Martinsburg. From Exit 13, turn right onto King Street. Continue on King Street passing over railroad tracks. At 7-Eleven Store (traffic light), turn right onto Route 11 South (Winchester Avenue). Go 0.4 mile. Just past Martinsburg Plaza Shopping Center on the right, school is at top of slight hill (second traffic light) on the left.

Berkeley County Schools’ Student Handbook 2010-2011 Page 4

STUDENT HANDBOOK – RIGHTS AND RESPONSIBILITIES

HANDBOOK SUMMARY (GRADES 9 – 12 ONLY) Section I: RIGHTS AND RESPONSIBILITIES OF STUDENTS Rights and responsibilities go hand in hand. As a student in West Virginia, you have basic rights and responsibilities. As a student, it is your responsibility to obey rules and regulations and to cooperate with school authorities who enforce these rules and regulations.

Section II: A THOROUGH AND EFFICIENT EDUCATION Regardless of race, religion, national origin, language, gender, disability, marital status, parenthood, or pregnancy, you have the right to an education and the responsibility to pursue it.

Section III: STUDENT INQUIRY AND EXPRESSION The United States and West Virginia Constitutions guarantee certain freedoms including freedom of religion, speech, the press to assemble peacefully, and to petition the government.

Section IV: CO-CURRICULAR ACTIVITIES Regardless of race, color, religion, national origin, language, gender, disability, marital status, parenthood, or pregnancy, you have the right to participate in extracurricular activities.

Section V: PERSONAL APPEARANCE As a student, you have the right to choose reasonable styles of dress and hair.

Section VI: PRIVACY You have certain privacy rights regarding your school records.

Section VII: CONTRABAND: ALCOHOL; DRUGS; TOBACCO; DEADLY WEAPONS You may not possess or use alcohol, drugs, tobacco or deadly weapons.

Section VIII: PROTECTION FROM UNREASONABLE SEARCHES AND SEIZURES The United States and West Virginia Constitutions guarantee certain protections, including protection from unreasonable searches and seizures.

Section IX: POLICE IN THE SCHOOLS Police have the responsibility to enforce laws and the right to enter schools. If you are to be questioned by the police or by school officials in the presence of the police, you must be given the same rights as citizens outside the school.

Section X: DISCIPLINE Disciplinary action may be taken against you if you violate the West Virginia Student Code of Conduct, local board policies or school rules and regulations.

Section XI: ATTENDANCE Once you are enrolled in school, you are required to attend until graduation or withdrawal.

Section XII: CHILD ABUSE PREVENTION You have the right to grow up without being physically or sexually abused at school, in the home or in the community.

Section XIII: HARASSMENT You are protected from racial, sexual, religious or ethnic harassment and/or violence.

Students may view a copy of the entire Student Handbook – Student’s Rights and Responsibilities in the school’s main office, in the principal’s office, in the counselor’s office or in the library (grades 9 -12 only).

Berkeley County Schools’ Student Handbook 2010-2011 Page 5 BERKELEY COUNTY SCHOOLS Mission Statement

Berkeley County Schools will provide educational excellence for all.

BERKELEY COUNTY SCHOOLS Core Beliefs

¾ We believe all students can learn and want to be successful. ¾ We believe students learn at different rates and in different ways. ¾ We believe curriculum, instruction, and assessment must be aligned, learner centered, and based on high standards and expectations. ¾ We believe students, teachers, parents, and the community are partners in the learning process. ¾ We believe in meeting the needs of a growing and diverse population. ¾ We believe in promoting positive self-esteem, self-discipline, and mutual respect. ¾ We believe out schools should be safe and welcoming environments that support continued leaning. ¾ We believe in developing and supporting quality staff. ¾ We believe learning is a lifelong process.

Berkeley County Schools’ Student Handbook 2010-2011 Page 6 BERKELEY COUNTY SCHOOLS 2010-2011 SCHOOL CALENDAR HIGHLIGHTS

First day for 200 day employees August 18, 2010

Last day for 200 day employees June 8, 2011

*First day for students August 23, 2010

**Last day for students June 1, 2011, is the tentative last day for students. For each day schools are closed during the school year due to inclement weather, up to 8 days (OS, TP or CE days) will be used to make up instructional time. The last day for students could be as late as 6/7/11.

Teacher Preparation Days August 18, 2010, and June 8, 2011

***Teacher-Parent Meeting Day May 26, 2011

Continuing Education Days August 19, 20, 2010, and May 25, 2011, and sessions scheduled during IS days and possibly during AIT* days

****OS (Outside School May 27, 31, 2010, and June 2, 3, 6, 7, 2011 Environment Days

Instructional Support Days and Faculty Senate Days

August Wednesday, August 18, 2010 (FS Meeting and Prep Day) October Monday, October 11, 2010 December Thursday, December 23, 2010 February Monday, February 14, 2011 April Friday, April 15, 2011 June Wednesday, June 1, 2011

Accrued Instructional Days TBA (All schools dismiss 3 hours early)

Holidays September 6, Labor Day November 2, Election Day November 11, Veterans Day November 25, Thanksgiving December 24, Christmas December 31, New Years’ Day January 17, Martin Luther King Day May 30, Memorial Day

*AIT = Accrued Instructional Time

Berkeley County Schools’ Student Handbook 2010-2011 Page 7 Page 2

Thanksgiving November 24, 25, and 26 (November 24 and 26 are out of Calendar days and November 25 is a Holiday)

Winter Holiday Break December 24 – December 31 (Students return on January 3, 2011)

Spring Break April 18 – April 22, 2011 (These are out-of-calendar days)

1st Semester Ends January 11, 2011 2nd Semester Begins January 12, 2011

*The first day for all students will be August 23, 2010. This includes all students grades K-12. August 23, 2010, will be a full day of school.

**The last day of school will be flexible, depending upon missed instructional days.

***May 26, 2011, is a TP day. Professional staff, all aides, and secretaries will attend orientation and two parent-teacher meetings in lieu of working this day. Cooks and bus drivers will attend 6 hours alternative meetings in lieu of working this day; dates to be determined by the Director of Transportation and Director of Food Services. All other 261-day employees will report to work on May 26, 2011. The state has required us to place our TP day on a date so that it can be used as an instructional make-up day if necessary. We will schedule two IS days as 3-hour early dismissal for staff that work the orientation and parent-teacher meetings. This does not include 261-day employees. Thursday, December 23, 2010, and Wednesday, June 1, 2011, will be 3-hour early dismissal for the eligible staff and faculty.

****OS days will be used as instructional make-up days, if needed. All snow days or days missed due to unforeseen events must be rescheduled.

Berkeley County Schools’ Student Handbook 2010-2011 Page 8 Report Period Ends: Report Cards Issued: Interim Issued on or About 1st 9 weeks October 25, 2010 November 1, 2010 September 22, 2010 2nd 9 weeks January 11, 2011 January 18, 2011 December 1, 2010 3rd 9 weeks March 16, 2011 March 23, 2011 February 11, 2011 4th 9 weeks June 1, 2011 June 1-8, 2011 April 27, 2011

Parent-Teacher Conferences:

Elementary Primary November 9, 2010, 6:00 – 8:00 p.m. January 24, 2011, 6:00 – 8:00 p.m.

Elementary Intermediate November 16, 2010, 6:00 – 8:00 p.m. January 25, 2011, 6:00 – 8:00 p.m.

Middle School November 10, 2010, 6:00 – 8:00 p.m. January 26, 2011, 6:00 – 8:00 p.m.

High School November 17, 2010, 6:00 – 8:00 p.m. February 16, 2011, 6:00 – 8:00 p.m.

Orientation Sessions:

August 19, 2010 High Schools, 6:00 – 8:00 p.m. August 18 or 20, 2010 Middle Schools, 6:00 – 8:00 p.m. August 19, 2010 Intermediate Schools, 6:00 – 8:00 p.m. August 18 or 20, 2010 Elementary Schools, 6:00 – 8:00 p.m.

Schools should disseminate Orientation dates to parents and send a copy of Orientation schedule to Jaimee Borger prior to 8/9/10.

Notes:

Berkeley County Schools’ Student Handbook 2010-2011 Page 9 All classroom aides and school secretaries will attend Parent-Teacher Conferences and School Orientation Sessions and will not work on scheduled TP day (5/26/11).* Cooks and bus drivers will be given alternate work schedule TBA by Directors and will not work on 5/16/11. Custodians and maintenance will work regular schedule, unless alternate schedule is approved by immediate supervisor.

*If 5/26/11 is converted to an instructional day, all employees will work. The IS days on December 23 and June 1 will be 1/2 day for employees to compensate for working on the TP day.

WESTEST Test Window

May 9 – 20, 2011. Make-ups must be done by May 28 and all materials sent to Warehouse.

Berkeley County Schools’ Student Handbook 2010-2011 Page 10

BERKELEY COUNTY FILE: JB Students

Attendance

I. General A. Scope This policy sets forth the requirement for school attendance for students attending Berkeley County Schools. B. Authority West Virginia Constitution, Article XII, §2, WV Code §§16-3-14, 17B-2-3, 17B-2-5, 18-2-5, 18-5- 15, 18-8-1, 18-8-2, 18-8-3, 18-8-4, 18-8-5, 18-8-11 and Subtitle B of Title VII of the McKenney- Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.)(hereinafter McKenney-Vento Act), and West Virginia Board of Education Policy 4110

II. Rationale and Philosophy The Berkeley County Board of Education believes that regular attendance is a requirement of the delivery of a quality educational program and that a direct relationship exists between students’ daily school attendance and academic performance, graduation and good work habits. This policy promotes students’ daily school attendance. Daily attendance is necessary for students to meet their schools’ academic program standards as each day’s learning builds on the work previously completed. While students and parents/guardians have the ultimate responsibility for daily school attendance, the laws of West Virginia require school administrators to enforce compulsory school attendance, and to provide an environment conducive to, and encouraging of, attendance. It is the intent of the Berkeley County Board of Education to increase attendance by encouraging schools to: (1) create a positive school climate conducive to learning (2) help students develop responsibility, self-discipline, and good work habits (3) develop a system enlisting parental support for regular school attendance.

III. Policy Development A. This policy was developed and will be revised with input from teachers, principals, attendance directors, parents and community leaders. B. The Superintendent shall ensure that an annual attendance evaluation is conducted to determine the effectiveness of this policy. C. Each revision of this policy shall be submitted to the West Virginia Department of Education for approval.

IV. Definitions A. Absence – Not being physically present in the school facility for any reason. B. Allowable deductions for Schools – Absences that result from school approved curricular/co- curricular activities; failure of the bus to run/hazardous conditions; excused student absences; students not in attendance due to disciplinary measures; and absent students for whom the attendance director has pursued judicial remedies to compel attendance (filed a criminal complaint or juvenile petition) due to provisions in WV Code §18-8-4. C. Attendance – For statistical and reporting purposes, attendance will be reported and aggregated to the nearest half day according to the definitions in Sections IV.C.1 and IV.C.2 1. Full-day attendance is being present at least .74 of the school day. 2. Half-day attendance is being present at least .50 of the school day. D. Attendance Rate – The number of days present divided by the number of days of membership, multiplied by one hundred, equals attendance rate for students on the attendance registers in classes K-12. E. Awaiting Foster Care Placement – Any child or youth who: 1) is in the custody of the West Virginia Department of Health and Human Resources, 2) has been placed in out-of-home, and 3) is not in a permanent placement. This includes, but is not limited to, children and youth in family foster care, kinship care, emergency shelter care of in a facility used to provide treatment services.

Berkeley County Schools’ Student Handbook 2010-2011 Page 11 F. Dropout – A dropout is an individual who: 1. was enrolled in school at some time during the previous school year and was not enrolled on October 1 or the current school year; 2. was not enrolled on October 1 of the previous year although expected to be in membership (i.e., was not reported as a dropout the year before); 3. has not graduated from high school, obtained a GED diploma, or completed a state- or district-approved education program; 4. does not meet any of the following exclusionary conditions: a) transfer to another public school district, private school, registered home school or state- or district-approved education program; b) temporary school-recognized absence due to suspension or illness; c) death G. Dropout Date – For Students of compulsory school attendance age or older, the dropout date is defined as the school day after the student’s last day of attendance. H. Enrollment – A student is officially enrolled when one of the following conditions occur: 1. Student was enrolled the previous year; 2. Student appears at school to enroll with or without a parent/guardian; 3. Student and/or parent/guardian appears at school to enroll with or without records. I. Enrollment Count – A status count that reports the number of students on the attendance register as required by the West Virginia Department of Education (hereinafter WVDE). J. Excused Student Absences – Absences that result from school-approved curricular/co- curricular activities; failure of the bus to run/hazardous conditions, and other county board approved excused absences. See VII D1 of this policy. K. Homeless Children and Youths – as defined in the McKenney-Vento Act means individuals who lack a fixed, regular, and adequate nighttime residence and includes: 1. Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals ; or a awaiting foster care placement; 2. Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; 3. Children and youths who are living in cars, parks public spaces abandoned buildings, substandard housing, bus or train stations, or similar settings; and 4. Migratory children who qualify as homeless because the children or youth are living in circumstances as described in the above descriptions. L. Membership Days – The days present plus the days absent. M. School of Origin – As defined in the McKenney-Vento Act is the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled. N. Transfer – A process by which a student ends enrollment or attendance in one location and begins enrollment or attendance in a second location (e.g., within a county, between counties, or out of state). This can be evidenced through a transcript request or other documentation that the student is continuing elementary or secondary education. O. Tardy – A student is tardy from a particular class when he/she arrives less than ten (10) minutes late for class. A student is tardy from school when he/she arrives late less than .50 of the school day. (for WVEIS records only) Tardy students are subject to discipline by school Code of Conduct Tardy Policy. P. Perfect/Faithful Attendance – In determining perfect and faithful attendance recognitions, all absences, both excused or un-excused, shall be considered. 1. A half-day absence is not perfect attendance. 2. School curricular and co-curricular trips will not count against the student. 3. No more than three (3) tardies or sign-outs per school year. 4. For the purpose of giving out the rewards before the end of the school year, a cut off date will be established on May for determining perfect attendance.

Berkeley County Schools’ Student Handbook 2010-2011 Page 12 5. All transfer students within the school year need to have verifiable records to perfect attendance to qualify for the county awards.

V. Compulsory School Attendance Pursuant to W. VA Code §18-8-1a, compulsory school attendance shall begin with the school year in which the sixth birthday is reached prior to September 1 of such year or upon enrolling in a publicly supported kindergarten program and shall continue to the sixteenth birthday. Exemption from attending the public schools during these years shall be for the causes or conditions listed in W.VA. Code §18-8-1a. Each cause or condition shall be subject to confirmation by Pupil Services staff of Berkeley County. Final approval shall be given by the Superintendent. A. Attendance for all four years during grades 9-12 is important to attain full benefit from the educational programs offered. Therefore, all students shall be scheduled for the full instructional day for all four years. However, exceptions may be made to accommodate placement into college courses, advanced vocational programs, or for other compelling circumstances as approved by the Student Assistance Team (SAT). Berkeley County File: IEAA, IHF.

VI. Responsibility The Berkeley County Board of Education shall: A. Employ a certified county director of school attendance as required by WV Code §18-8-3. B. Support and require the county attendance director to implement and execute the duties as defined in WV Code §18-8-4: 1. The county attendance director and his/her assistants shall diligently promote regular school attendance. They shall ascertain reasons for absences from school of students of compulsory school age and students who remain enrolled beyond the compulsory school age birthday. 2. In the case of five consecutive or ten total unexcused absences of a child during a school year, the attendance director or his/her assistant shall serve written notice to the parent, guardian, or custodian of such child that the attendance of such child at school is required and that within ten days of receipt of the notice the parent, guardian, or custodian, accompanied by the child, shall report in person to the school the child attends for a conference with the principal or other designated representative of the school in order to discuss and correct the circumstance causing the unexcused absences of the child. 3. If the parent, guardian, or custodian does not comply, then the attendance director or assistant shall make complaint against the parent, guardian, or custodian before a magistrate of the county. 4. The attendance director shall serve as the liaison for homeless children and youth as defined in WV Code §18-8-4. As defined in McKenney-Vento Act, as the liaison for homeless children and youth, the attendance director is required to: a) Ensure that public notice of the educational rights of students in homeless situations is disseminated where children and youths receive services. b) Ensure that parents or guardians are informed of educational and related opportunities available to their children, and are provided with meaningful opportunities to participate in the education of their children. c) Ensure that parents or guardians are informed of, and assisted accessing, all transportation services for their children, including to the school of origin. d) Help unaccompanied youth choose and enroll in a school, after considering the youth’s wishes and provide the youth with notice of his or her right to appeal the school district’s decision. e) Immediately assist in obtaining immunizations or record immunizations or other medical records for those students who do not have them, and assure that students are enrolled in school while the records are being obtained. f) Ensure that homeless children and youths are identified by school personnel and through coordination activities with other entities and agencies. g) Ensure that homeless children and youths enroll in, and have a full and equal opportunity to succeed in, schools and that local educational agency.

Berkeley County Schools’ Student Handbook 2010-2011 Page 13 h) Ensure that homeless families, children, and youths receive educational services for which such families, children, and youths are eligible, including Head Start and Even Start programs and preschool programs administered by the local educational agency, and referrals to health care services, dental services, mental health services, and other appropriate services. i) Ensure that enrollment disputes are mediated as outlined in Paragraph three (3) (E) of the McKenney-Vento Act. 5. The attendance director shall file with the county superintendent and county board of education, at the close of each month, a report showing activities of the school attendance office and the status of attendance in the county at the time due to provisions in W.Va. Code §18-8-4 C. Support and require the school principal to implement and execute the duties as defined in W.Va. Code §18-8-5: 1. The principal shall compare school numbers with school enrollment monthly. 2. The principal shall contact any parent, guardian, or custodian of the student and hold a meeting with such person and the student when the enrolled student has accumulated five unexcused absences form attendance. 3. It shall be the duty of the principal, administrative head, or other chief administrator of each school to make prompt reports to the county attendance director, or proper assistant, of all cases of unexcused absences arising with the school with require the services of an attendance worker.] D. Require each parent, guardian, or custodian to have the responsibility of fully cooperating in and completing the enrollment process by providing: immunization documentation (W.Va. Code §16-3-4), copy of a certified birth certificate or affidavit (W.Va. Code §18-2-5c), signed suspension and expulsion document (W.Va. Code §18-5-15), and any other documents required by federal, state and/or local policies or code.

VII. Principles of Operation A. School Referral Responsibilities and Procedures: Each school shall appoint a designated school attendance coordinator, principal or designee, who monitors and collects attendance data on a regular and ongoing basis. Student attendance data will be recorded on WVIES on a daily basis using the allowable deductions, as defined by the WVDE. Absence reason codes and five day un- excused notification shall be current at all times. The coordinator will meet at a regularly scheduled time with the County Attendance Director/Assistant Attendance Director and make appropriate referrals for services and/or legal action in accordance with W.Va. Code §18-8-1. The County Attendance Director will provide each school with materials containing information on referral procedures and referral forms. B. School Attendance Procedures: The Board recognizes that a variety of approaches may be successful in maintaining acceptable attendance levels and that individual schools should be free to develop innovative methods with the requirements of this policy. Each school shall develop and maintain a written attendance procedure with should include incentives to maintain and improve attendance. This procedure should be filed with and monitored by the County Attendance Director or a school attendance worker. C. Parental Notification Requirements – School attendance procedures shall contain at least the following notification components: 1. At the commencement of each school year parents and students shall be provided a copy of the county attendance policy and school procedures. New arrivals during the school year shall also be provided a copy of the same information. 2. Parents shall be advised of their responsibility to report the absence of their children and their accountability for the regular school attendance of their children. Each day a student is absent, the parent shall contact the school to advise that the student will not be in attendance. A written note with parent’s signature or any allowable excuse documentation, defined in Section VII.D.1, should be sent to the school when the student returns with the reason for absence. 3. The school will notify the parent promptly, if a call is not received from the home, to notify of the student’s absence.

Berkeley County Schools’ Student Handbook 2010-2011 Page 14 4. Parents shall b notified, and invited to attend, Student Assistant Team (SAT) meetings wherein a recommendation concerning attendance is to be considered with respect to their child. 5. The principal shall contact, by letter, any parent, guardian, or custodian of the student and hold a meeting with such person and the student when the student has accumulated five un-excused absences. D. In accordance with W.Va. Code §18-8-1 et seq., 126 CSR 42 and West Virginia Board of Education Policy 2510, excused and un-excused absences are defined as follows: 1. Excused Absences – When a student is absent from school, a note from the student’s parent/guardian, or physician must be presented within two (2) school days after the absence (s) in order for the absence (s) to be excused. The following are excused absences: a) Illness or injury of the student requiring a physician’s written verification. b) Medical and or dental appointment that cannot be scheduled outside the school day when physician or dentist verifies the absence in writing. c) Illness of student verified in writing by parent/guardian not to exceed ten (10) total days per year. Written verification buy a physician may be required by meeting of the school’s Attendance/Tardy Committee, if absences exceed more that ten (10) day per year. Notice must be sent for parent’s attendance at the committee meeting and decision given to parent in writing within five (5) school days. d) Illness or injury in the family when the student absence is verified in writing by physician as essential. e) Calamity, such as fire in the home, flood, or family emergency upon approval by the school principal (or designee) or the SAT (School Assistance Team). f) Death in the family, limit three (3) days for each occurrence except in extraordinary circumstance. “Family” defined as mother, father, legal guardian, brother, sister, grandmother, grandfather, aunt, uncle, brother-in-law, sister-in- law, brother’s children, sister’s children, student’s child(ren), or any person living in the same household. g) Leaves of educational value adhering to these situations: (1) Prior approval of the school administrator and the SAT. (2) Prior submission and approval of educational plan detailing objectives and activities. (3) Leave shall not exceed ten (10) days (leave to extend more than 10 days requires country board approval). (4) Verification of implementation of the educational plan student’s return. h) School approved curricular or extra-curricular activities. i) Legal obligation with written verification. j) Failure of bus to run or extremely hazardous conditions. k) Observance of religious holidays. l) Absences of students with disabilities should be in accordance with Policy 2419, Regulations for the Education of the Exceptional Students, Section 1.10 Home/Hospital Instruction. m) Routine early dismissals necessary for students to receive on-going special medical care, psychiatric or psychological assistance, professional counseling, training if prior approval is obtained from the school administrator or the SAT. The submission of the personal treatment of training plan detailing the objectives and activities of the program is required before the school administrator or the SAT will consider the issuance of a “Standing Approval for Earl Dismissal” for the requesting student. The Principal may require professional verification of the need for such care from the provider of such services. Verification of the student’s participation is required upon the student’s return to school after each early dismissal.

Berkeley County Schools’ Student Handbook 2010-2011 Page 15 n) Participation in home/hospital instruction due to an illness/injury or other extraordinary circumstance that warrants home or hospital confinement. 2. Unexcused Absences – a) Any absence not defined as excused in Section VII,D.1. b) Any out of school suspension. E. Extenuating circumstances that may require home/hospitalization instruction: 1. Student with disabilities who require home/hospitalization instruction, in accordance with Policy 2419, Regulations for the Education of Exceptional Students. 2. Students with injuries, non-communicable illnesses or health conditions that prevent the student from attending school for more than three (3) weeks, as defined in Berkeley County Board of Education Policy JBH. F. Prevention and Consequences for Student Tardies 1. Schools may impose corrective/disciplinary action in accordance with individual school policy. Schools are encouraged to develop incentives through LSIC, Faculty Senate, and SAT to recognize those students who maintain high standards or show improvement. Schools are asked to form an Attendance and Tardy Committee to work with individual students to help them correct problems with attendance and tardies. Some of the preventive measures to be used are: a) Referral to school counselor b) Parent conferences c) SAT intervention d) Teacher mentoring e) Student support groups f) Outside school support groups – (PASS program) g) Mental health counseling h) Substance abuse counseling 2. School administrators and staff may use any of the following consequences for student tardies: a) Administrator or teacher/student conference or reprimand b) Administrator or teacher – parent/guardian conference c) Referrals and conference to support staff or agencies d) Behavioral contracts e) Detention f) Denial of participation in school activities g) In-school suspension h) Modification of school privileges i) Extra class time j) Alternative class settings k) Return to home attendance school with SAT recommendation and more than 12 tardies. l) No student shall be suspended solely for failure to attend class. Other methods of discipline may include, but are not limited to, detention, extra class time or other alternative class settings. m) All school dropouts shall be reported to the West Virginia Department of Education. n) In order to provide maximum educational opportunities for students in Berkeley County schools, all students shall attend school for the full instructional day. Any exemptions to this shall meet Berkeley County File IEDA (Instructional Day).

VIII. Processes and Procedures A. This policy shall be include in all Berkley County Schools’ Student Handbooks, which shall be distributed to all Berkeley County students annually. Parents/guardians will be asked to sign and return verification that they have reviewed the handbooks with their child. B. Make Up Work For Excused and Un-excused Absences:

Berkeley County Schools’ Student Handbook 2010-2011 Page 16 1. Whenever a student is absent, whether an excused or un-excused absence or a suspension absence, a reasonable amount of time, consistent with the length of the absence, will be given the student to make up the work missed. Upon return from absence, the student is responsible to initiate immediate action to make up the work. Upon such request of the student, the teacher is responsible to provide assignments, tests, and other work that must be made up and to inform the student clearly when make- up work for which grades will be given is due. Failure to complete such make-up work within the time allowed will result in a failing grade for those assignments, tests, or other work. Ma-up turned in within the time allowed will be graded on the same basis as other work. a) Upon return to school, a student will be granted on full day for each day’s absence to complete work missed during such absence. Tests, projects, and major assignments scheduled prior to student’s absences will be due the day the student returns, unless prior arrangements are made with the teacher. b) Upon teacher approval, additional time may be granted to complete work missed one full day for each absence over and above by documenting and signing an agreement with the teacher, which shall be retained by the teacher until final grades are calculated at the conclusion of the school year. It is the responsibility of the student to make all necessary arrangements with the teacher as soon as they return to school. C. A student shall maintain satisfactory attendance during on e complete semester following the revocation of his/her driver’s license (satisfactory being defined as no unexcused absences) Refer to section XI. D. Parents and students have the right to appeal the application of this policy through the Appeals Procedure for Citizens (Berkeley County-File: KNA). A student or parent whom whishes to present extenuating circumstances and a challenge absences should ask for a hearing with the SAT. Appeals shall be made to the building principal. IX. Maintenance of Records Accurate attendance records and related documentation shall be maintained for every student enrolled in public school. A. An up-to-date daily register/record of attendance for every student must be maintained. B. In accordance with the provisions of this policy, each school shall have written procedures for 1) notifying parents about absences, 2) monitoring absences, and 3) notifying the county attendance director. C. Students who are physically absent from school must be documented as absent. This record may become a legal document. X. Preventive and Corrective Measures Preventive and corrective measures include: A. Each school shall develop and implement on-going attendance incentive programs to maintain and improve attendance and reduce tardies. 1. Schools are asked to form an Attendance and Tardy Committee to work with individual student to help the correct problem attendance and tardies. Some of the preventive measures to be used are: a) Referral to school counselor b) Parent conferences c) SAT intervention d) Teacher mentoring e) Student support groups f) Outside school support groups (PASS) g) Mental Health counseling h) Substance abuse counseling 2. The county Attendance Director will oversee a rewards program for attendance incentives in conjunction with each school. The program should recognize Perfect Attendance, as well as, students showing and maintaining improved attendance. Local businesses will be of assistance in providing awards.

Berkeley County Schools’ Student Handbook 2010-2011 Page 17 B. School officials, in cooperation with the Director of Attendance, must notify a student’s parent/guardian of absences and secure parent/guardian involvement to improve attendance. This notice may include written correspondence with parent./guardian, telephone contact with parent/guardian, conference with parent/guardian and appropriate school officials. 1. When a student has accumulated five (5) un-excused absences, a home/school contact shall be made by school designated attendance coordinator (i.e. phone call, letter, etc.) The school must keep written verification of this contact. 2. When a student has accumulated five (5) consecutive or ten (10) total un-excused absences during a single semester, the Attendance Director or assistant shall serve written notice to the parent, guardian, or custodian that the attendance or the child is required and within ten (10) days or receipt of this notice, the parent, guardian, or custodian, accompanied by the child, shall report in person to the school the child attends for a conference with the principal(s) or other designated representative(s). (W.Va. Code §18-8-4) C. School officials, in cooperation with the Director of Attendance must provide for adequate counseling for problems related to attendance. This may include conferences with parents, teachers, school attendance coordinators, guidance counselors, and principals and/or the director of attendance. D. School officials, in cooperation with the Director of Attendance, must contact appropriate community agencies for involvement in student attendance issues, when appropriate. This may include contact to the West Virginia Department of Health and Human Resources. E. School officials shall design alternative plans and programs for individual students that are positive in nature and encourage improved attendance. F. Students with a pattern of excessive absenteeism shall be referred to a SAT for appropriate intervention(s). These interventions shall be reviewed for effectiveness. A referral to a SAT may be made anytime, but is required after ten (10) total absences. The SAT may determine that a home visit is necessary. Letters and school/home contacts must be made prior to the involvement of the county attendance/social workers. In the elementary schools. The guidance counselors (principal’s designee) will be responsible for making the initial home visit prior to the involvement of the county attendance/social workers.

XI. Student Driver Eligibility Certificate (4150) A. Rationale. 1. The Berkeley County Board of Education (hereinafter BCBrd of Ed) recognizes that driving a vehicle is a privilege and that West Virginia Code §18-8-11 requires young people at least fifteen but less than eighteen years of age to maintain specified driver eligibility requirements related to school attendance, personal behavior and academic progress in order to obtain and maintain a West Virginia license of instruction permit for the operation of a motor vehicle. While the West Virginia Department of Motor Vehicles (hereinafter WVDMV) has the authority to deny and suspend a license or instruction permit for the operation of a motor vehicle, the West Virginia Code places certain responsibilities on school administrators to identify students who do not meet any or all of the driver eligibility requirements and communicate this to the WVDMV. The identification of students not meeting the driver eligibility requirements must be done using uniform measures across all of the fifty-five county school districts; the definitions provided in this policy have been designed to assure consistent application of driver eligibility throughout West Virginia. B. Definitions. 1. Circumstances Outside the Control of the Student – shall include, but not be limited to, medical reasons, familial responsibilities and the necessity of supporting oneself or another. Suspension or expulsion from school or imprisonment in a jail or a West Virginia correctional facility is not a circumstance beyond the control of the student, and for purposes o f this policy, shall be considered an unexcused absence. 2. Driver’s Eligibility Certificate – documentation provided by the county to the student verifying that the student has met the attendance, behavioral and academic expectations

Berkeley County Schools’ Student Handbook 2010-2011 Page 18 set forth by WV Code §18-8-11 that are required to obtain a license or instruction permit to drive a motor vehicle. 3. Satisfactory Academic Progress – attaining and maintaining grades sufficient to allow for graduation and course-work in an amount sufficient to allow graduation in five years or by age nineteen, whichever is earlier. a) This would calculate in the minimum annual earning of five credits to allow graduation in five years based on graduation requirements set forth in §126CSR42 WVBE Policy 2510: Assuring the Quality of Education, Regulations for Education Programs. b) Three of the five credits earned annually must be from the core requirements identified in WV §126CSR42 WVBE Policy 2510: Assuring the Quality of Education, Regulations for Education Programs. 4. Withdrawal – for the purpose of driver’s license eligibility, withdrawal is defined as the following reasons for which the county shall deny or revoke a Driver’s Eligibility Certificate from any student at least fifteen but less than eighteen years of age. a) More than ten (10) consecutive or fifteen (15) total days unexcused absences during a school year. b) Suspension pursuant to WV Code §18A-5-1a and §18A-5-1b which include the following behaviors when committed on the premises of an educational facility, at a school-sponsored function, or on a school bus. (1) Assault and/or battery on school employees, (2) Possessing deadly weapons, (3) Sale of a narcotic drug, (4) Committing an act or engaging in conduct that would constitute a felony under West Virginia Code if committed by and adult, and/or (5) Unlawfully possessing a controlled substance governed by the uniform controlled substances act as described in WV Code §60A-1.1 et seq. C. Responsibility 1. The BCBrd of Ed has the responsibility to encourage daily attendance and appropriate student conduct, to set academic graduation requirements for public schools and to mandate that county school systems collect and report student performance data regarding these student behaviors. 2. The BCBrd of Ed has the responsibility for defining Driver’s Eligibility Certificate criteria in uniform quantifiable measures to assure that the process is applied equally to all students ages fifteen to eighteen who are enrolled in Berkeley County public schools. 3. BCBrd of Ed shall: a) Support and require the county attendance director and all school administrators to implement and execute the duties defined in WV §126CSR81 WVBE Policy 4110; and Berkeley County Policy JB Attendance. b) Support and require the county attendance director and all school administrators to implement and execute the following duties defined in WV Code §18-8-11. Regarding driver’s eligibility for a license or instruction permit to operate a motor vehicle: (1) Provide, upon request, a Driver’s Eligibility Certificate on a form (hare-copy or electronic) approved by West Virginia Department of Education (hereinafter WVDE) to any student at least fifteen but less than 18 years of who is in satisfactory standing with regard to attendance, behavior and academic progress in a school under the jurisdiction of the academic progress in a school under the jurisdiction of the official for presentation to the WVDMV on application for or reinstatement of an instruction permit or license to operate a motor vehicle. (2) Provide notification to the WVDMV whenever a student at least fifteen but less than eighteen years of age withdraws from school, is suspended pursuant to WV Code §18A-5a and 18A-5-1b and/or fails to

Berkeley County Schools’ Student Handbook 2010-2011 Page 19 maintain satisfactory academic progress, except when the withdrawal or failure to make satisfactory academic progress is due to circumstances outside the control of the student. Notification must be provided to the WVDMV no later than five days from the date of the withdrawal and/or suspension. Notification must be provided to the WVDMV no later than five days from the end of the school year for failure to maintain satisfactory academic progress. (3) Provide the opportunity, upon request, for a student who has been denied a Driver’s Eligibility Certificate or has received a revocation notice, to have a hearing before the county superintendent of schools or his/her designee concerning whether the student’s withdrawal from school or failure to make satisfactory academic progress was due to a circumstance or circumstances beyond the control of the student. The county superintendent, with the assistance of appropriate staff, shall be the sole judge of whether any of the ground for denial or suspension of a license or Instruction permit are due to a circumstance or circumstances beyond the control of the student. c) Provide a review process that allows students to have the their Driver’s Eligibility Certificate reinstated upon demonstration of satisfactory progress as follows: (1) Reinstatement requests related to withdrawal for unexcused absences shall be reviewed, as outlined in WV 126CSR81 WVBE Policy 4110: Attendance, at the end of the semester following that in which the withdrawal occurred. (2) Reinstatement requests related to withdrawal for failure to make satisfactory academic progress shall be reviewed at the end of each school year for the purpose of reinstating the Driver’s Eligibility Certificate (3) Reinstatement requests related to withdrawal for suspension pursuant to WV Code §18A-5-1a and §18A-5-1b shall be reviewed after all disciplinary sentences have been served for the purpose of reinstating the Driver’s Eligibility Certificate. D. Severability 1. If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Revised: 08/03, 03/01/04, 09/15/08

Berkeley County Schools’ Student Handbook 2010-2011 Page 20 Guidance Procedures for Absences and Tardies

Tardy Half-Day Full-Day Early Leaver Attendance Attendance Grades Minimum Student Who Student who Student who Student who Instructional Missed Less attended attended more attended more Time Than 26% of between than 74% of than 74% but (Minutes) Total 26 – 74% total less than 100% On a Normal Instructional of Total instructional of total School Day Minutes instructional minutes instructional minutes minutes K – 4 315 82 82 – 233 233 233 – 314 5 – 8 330 86 86 – 244 244 244 – 329 9 – 12 345 90 90 – 255 255 255 – 344 Tardy Half-day Full-day Early leaver attendance attendance Grades Minimum Student Who Student who Student who Student who Instructional Missed Less attended attended more attended more Time Than 26% of between than 74% of than 74% but (Minutes) Total 26 – 74% total less than 100% with a two Instructional of Total instructional of total hour early Minutes instructional minutes instructional dismissal minutes minutes K – 4 195 51 51 – 144 144 144 – 194 5 – 8 210 55 55 – 155 155 155 – 209 9 – 12 225 59 59 – 167 167 167 – 224

Berkeley County Schools’ Student Handbook 2010-2011 Page 21

Dress Code

STUDENTS STUDENT DRESS CODE PROCEDURE I. General A. Scope – The rule sets the requirements for the system-wide dress code procedure for Berkeley County Schools. B. Authority – WV Constitution Article XII §2, WV Code §18-2c-2, and §18-2-35, West Virginia Board of Education Policy 4372, West Virginia Board of Education Policy 4374, Berkeley County File: JGG and Berkeley County File JCDB. II. Purpose A. The Berkeley County Board of Education recognizes that clothing and footwear worn by students in its public schools can often preoccupy and distract students from their major purpose for being in school, which is obtaining an education. The dress code procedure shall apply to all school activities during the school day. B. Berkeley County Schools plan to disseminate information and implement this procedure though; but not limited to, staff development, student instruction, student/parent notification, and through media/internet usage. III. Application – All students shall be subject to the provisions of the Student Dress Code Procedure. A. Exceptions for legitimate reasons such as a medical condition, religious practice, or for specialized classes or activities will be considered and may be granted by the school administration on a case-by-case basis. B. The school administrator reserves the right to approve or disapprove any items not addressed in this procedure. C. Decisions to approve or disapprove items will be based on the goal of providing a safe and orderly environment for the education of all students. IV. Dress Code Procedure A. Clothing 1. Shirts must be worn in such a manner so as to: a. Cover the entire back and midriff area at all times b. Cover the top of the shoulders with a minimum of 2” wide straps c. Not be see-through d. Fit modestly so that cleavage area is covered e. Cover undergarments f. Cover spaghetti straps or halters with a button-up shirt g. No cut out areas 2. Muscle shirts and tank tops are considered undergarment and must have a shirt over them or under them. 3. Shorts, skirts, skorts, and dresses must be worn in such a manner as to: a. Cover the mid-thigh when sitting down and b. Be at least long enough to meet the tip of the student’s longest finger when the student is standing with arms down at their sides. c. Slits must conform to a. and b. above 4. Pants must be worn in such a manner as to: a. Cover undergarments at all times b. Not be excessively long so as to drag on the floor c. Not be excessively baggy so as to fall down or be constantly pulled up to the waist d. Not have cut, ripped or open areas above the knees e. Pajamas/boxers are not considered school attire 5. Uniforms or uniform dress may be required to be worn in curricular and extra-curricular activities. This is not limited to the following: JROTC, Physical Education, Band, Chorus, Athletic Teams, and other classes or programs deemed appropriate by the school principal.

Berkeley County Schools’ Student Handbook 2010-2011 Page 22 a. Federal guidelines for free and reduced meals must be met in any school for uniform or non-uniform required dress activity. b. Schools may have volunteer dress-up days, school color days, theme days, or other dress days approved by the principal. 6. Shoes must be worn at all times. Shoes must fit securely enough to the foot in order to allow safe movement. 7. Trench coats are not to be worn during the school day and should be stored appropriately. 8. Hats, bandanas, sweatbands, and other types of head coverings will not be worn during the school day indoors. 9. Bedroom slippers are not permitted. B. Jewelry and Accessories 1. Any jewelry or accessory that can be used or is perceived as a weapon is prohibited. Jewelry and accessories considered inappropriate are: a. Jewelry with spikes, including chokers, rings or bracelets b. Chains that could cause injury or damage such as pocket chain, dog chain, etc. 2. Sunglasses will not be worn during the school day indoors. C. Language, Symbols, and Messages 1. Student appearance and apparel must not show any reference to or inference of: a. Profanity or obscenities b. Drugs, alcohol, or tobacco related products c. Derogatory or ethnic symbols (Example: Confederate flag) d. Violence, blood, gang membership, guns, knives, or weapons of any king e. Suggestive or sexual messages f. Language or symbols that offend, demean, or promote hatred towards any identifiable person or group g. Words or symbols deemed to be inappropriate for the school setting such as rude, disrespectful, o r discourteous expressions inconsistent with civil discourse and behavior h. Body piercing that causes a disruption or interferes with the educational setting. D. Violations of the Student Dress Code Procedure 1. Refer to Berkeley County Policy – Student Code of Conduct – JGG

Berkeley County Schools’ Student Handbook 2010-2011 Page 23 STUDENT HEALTH IMMUNIZATIONS No child will be admitted to Berkeley County Schools until documentation of immunization is presented to the school staff or school nurse. Immunizations must comply with requirements of the West Virginia Bureau of Public Health for enrollment. Additional information concerning immunizations may be obtained from the Berkeley County Health Department or from your school nurse.

Immunization Update in West Virginia (As advised by the WV Bureau for Public Health) REQUIREMENTS for students entering school in WV for first time, grades K – 12, unless medically exempted: DTP (Diphtheria, Tetanus, Pertussis) Minimum of 4 doses; one dose after the 4th birthday IPV (Polio) Minimum of 3 doses; one dose after the 4th birthday MMR (Measles, Mumps, Rubella) 2 doses; 1st dose after the 1st birthday Hepatitis B 3 doses; last dose after 6 months of age Varicella (Chickenpox)* 2 doses; 1st dose after the 1st birthday *Varicella shot is not indicated if student has had a history of chicken pox. WV allows parents to report the history, verbal or in writing. Please provide approximate month, date, year of occurrence.

REQUIREMENTS for students entering Pre-kindergarten in WV, unless medically exempted: DTP (Diphtheria, Tetanus, Pertussis) 4 doses IPV (Polio) 3 doses MMR (Measles, Mumps, Rubella) 1 doses; after the 1st birthday Hepatitis B 3 doses; last dose after 6 months of age Varicella (Chickenpox)* 1 doses; after the 1st birthday *Varicella shot is not indicated if student has had a history of chicken pox. WV allows parents to report the history, vervall or in writing. Please provide approximate month, date, year of occurrence.

Hepatitis A 2 doses; 1st dose after 1st birthday and 2nd dose a minimum of 6 months after 1st dose Hib A completed series (1-4 doses, depending on age of 1st dose) PCV (Pneumonia) A complete series (1-4 doses, depending on age of 1st dose)

RECOMMENDED for all 6th and 9th graders: Tdap / Td (Tetanus, Diphtheria, Pertussis) 1 dose for students who have not had a booster since kindergarten MCV4 /MPSV4 (Meningococcal) 1 dose HPV (Human papillomavirus) 3 doses recommended for female students, with first dose at age 11 – 12

An updated copy of the 6th or 9th grader’s shot record should be sent to his/her school in the fall. While the recommended immunizations are not required for school attendance, the WV Board of Education requires Berkeley County to record updated immunizations for these age groups. Please update your child’s immunizations with his/her physician or the community health department. The Berkeley County Health Department gives immunizations every Monday from 1:00 – 3:00 p.m. For information – WV Immunization Program (1-800-642-3634 or www.wvdhhr.org/immunizatons)

Updated: January 2009

Berkeley County Schools’ Student Handbook 2010-2011 Page 24 SCHOOL SCREENINGS All students entering school for the first time in West Virginia will have their vision screened. This service is provided by Berkeley County School nurses. Parents will be informed of any difficulties noted in the test. School nurses conduct the following screenings on an annual basis: Vision K, 3, 5, 8 and any new students from out of state.

ILLNESS Children should not attend school when ill. Attendance is important to a student’s academic success; however when a child is ill it is in the best interest of the child and those around him to keep him home from school. Having a communicable condition may cause a student to be removed from the school until medical clearance fore the child’s return is given. These guidelines are established to keep the health of the students in mind.

When may students return to school after an Illness? The following guidelines are provided to help you determine if your student is ready to return to school after an illness. • Fever free for the past 24 hours without the use of fever-reducing medications such as Tylenol. A fever is defined as a temperature ≥ 100.5º F. • No vomiting or diarrhea within the past 24 hours. • After at least 24 hours of antibiotic therapy for bacterial illnesses such as strep throat, pneumonia, etc. • The child’s appetite and activity level have returned to close to normal. • Cold symptoms that are mild enough so as not to interfere with your child’s ability to participate in the activity of a normal school day or infect other students. Please remember that cold and cough medicines, including cough drops cannot be given to students by school staff without a doctor’s order. • If your child was sent home with a rash, they may return when the rash is resolved or with a doctor’s note stating they are not contagious. • If your child’s doctor has prescribed medication that will need to be given during the school day, please remember that an order from the doctor is necessary. Most area physicians have these forms. If not, we would be happy to fax one to their office. • During your child’s visit to the doctor, please remember to obtain a note so that your child will be medically excused. If you have any questions as to whether your child may return to school after an illness, please feel free to call the school nurse. She/he will be happy to assist you in deciding what is best for your child. Reviewed and endorsed by Dr. Diana Gaviria, Medical Director, Berkeley County Health Department.

MEDICATION POLICY Medications can be administered at school when it is absolutely necessary and when proper prescriptive information and parental consent have been provided. Parents should administer medication at home if at all possible. Students are not permitted to self medicate or carry on their person medications while on school property with the exception of inhalers or emergency medications ordered and recommended by their physician, parent, and school nurse. All medications including over-the-counter and cough drops must have a physician’s order. Medications must be in the original container from the pharmacy with child’s name, medication and dosage, date and physician’s name. In addition, an “Administration of Medication” form must be completed with signatures of the parent or guardian and physician. It will designate the kind of medication , amount to be given, and the schedule to be followed. If the dosage of medication should change, the parent must indicate so in writing and confirmation from the physician’s office is required. A new medication form is required and a correctly labeled medication bottle must be received. Medication given three (3) times a day (such as antibiotics) should be given at home. Parents should bring medication to the school office. See Berkeley County Medication Policy JGCD.

Berkeley County Schools’ Student Handbook 2010-2011 Page 25 PROCEDURES TO CONTROL LICE IN THE SCHOOLS The following procedures are designed to facilitate consistency in the schools in dealing with students who are found with head lice. It closely aligns with the recommendations of the Academy of Pediatrics, the Harvard School of Public Health and the West Virginia Council of School Nurses.

1. When a student is found to have lice, siblings of the student may be examined. Screening will be performed at the nurse’s discretion based on an assessment of the situation. 2. Any child found to have lice will be referred to parents by telephone, letter, or home visits, if needed. Information will be sent home with the student with directions for treatment and follow-up. If the parents cannot be reached during the school day, and the student must remain in school, he/she may remain in the classroom. 3. Since the school nurse may serve several schools, each school will designate one or two persons (principal, instructional leader, guidance counselor, secretary, or aide) as referred to in the Basic and Specialized Health Procedures Manual. These individuals will be trained by the nurses to perform hair assessments and recheck the child upon his/her return to school. 4. A student may return to school after the school nurse or designee has rechecked him/her and it has been determined that appropriate treatment has been administered. 5. School personnel should provide factual information to students regarding head lice therefore reducing the negative attitudes toward affected students. 6. Each school/school nurse should make every attempt to resolve the problem before referring to attendance workers. 7. To maintain the uniformity with the county the student’s absence may be excused 3 day for the first incident and 2 day for the second incident. Subsequent re-infestations will be unexcused in a school year.

STUDENT ACCIDENT INSURANCE Berkeley County Board of Education does not provide medical insurance or accident insurance for students. Parents are encouraged to provide this coverage either thought their own family medical coverage or by purchasing student accident insurance. The Board of Education, through Arndt-McBee Insurance Agency in Martinsburg, makes arrangements that each student receives and enrollment packet for student accident insurance. If any parent is interested in this coverage and does not receive an enrollment packet at the beginning of the school year, please contact Arndt-McBee. Berkeley County Board of Education does have a liability insurance coverage. An Automobile/School Bus policy also provides coverage for student on buses and in driver education vehicles.

Berkeley County Schools’ Student Handbook 2010-2011 Page 26 INSTRUCTION AND CURRICULUM AREAS OF INSTRUCTION The West Virginia Content Standards and Objectives form the county curriculum. The county adopted instructional materials provide a quality resource in the classroom. Curriculum committees comprised of teacher, administrators and parents help shape the directions and goals of the Berkeley County Schools’ Instructional Programs.

Subjects taught at the elementary level include: Reading Science Language Mathematics Spelling Social Studies Art Handwriting Music Health Physical Education

Berkeley County Board of Education adopted instructional materials are made available free to all students in Berkeley County.

TEXTBOOKS AND INSTRUCTIONAL MATERIALS (ELEMENTARY K – 5)

Adoption Cycle Subject Company Copyright 2010 - 2016 Math Wright Group 2008 2008 – 2014 Spelling Houghton Mufflin/Harcourt 2008 2008 – 2014 Language Art Houghton Mifflin/Harcourt 2006 2008 – 2014 Handwriting Zaner Bloser 2008 2008 – 2014 Art Davis Publishers 2008 2008 – 2014 Music Macmillan/McGraw-Hill 2008 2007 – 2013 Reading/Literature Harcourt Sch Publishers 2007 2006 – 2012 Science Harcourt Sch Publishers 2006 2006 – 2012 Health Harcourt Sch Publishers 2006 2004 – 2010 Social Studies Harcourt Sch Publishers 2003 2004 – 2010 Social Studies-4th Gr Gibbs Smith 2003

Several methods of reporting student progress are used by the school, including: REPORT CARDS are sent home at the end of a nine-week period for grades 1 – 12. Please sign and return child’s report card after reviewing all grades and comments. PARENT-TEACHER CONFERENCES are scheduled formally twice a year; however, you are encouraged to call the school and arrange a conference any time you believe a discussion with the classroom teacher or principal might help your child’s progress. A teacher may call you to request a conference. Mark your calendar and attend all conferences. STUDENT PORTFOLIOS are generally kept for each child by the teacher. Folders contain recent work, subject tests, etc. parents are welcome to review these folders at anytime. STANDARDIZED TESTING PROGRAMS are used to identify student interest, scholastic aptitude, academic achievement, etc. Results are used to assist in educational planning and program development for individual students as well as the school system. Results will be communicated to parents. Please call the school if you have any questions concerning these programs: WESTEST, Grades 3 – 11; Writing Assessment, Grades 3 – 11; ACT Explore, Grade 8; ACT Plan, Grade 10; NAEP Testing, Grades 4, 8, and 12. INFORMAL NOTES AND CALLS may be used by teachers throughout the year to keep parents informed of their child’s progress. Often a teacher will call with good news. Please help us to establish open and

Berkeley County Schools’ Student Handbook 2010-2011 Page 27 consistent communication channels. Should you have questions, concerns, or comments please feel free to call the school. Berkeley County File: IHA INSTRUCTION MARKING SYTEM All elementary (K – 5) students will be graded every nine (9) weeks. Kindergarten students will receive a 3 – meets or exceeds expectation, a 2 – still developing and/or a 1 – improvement needed, on a checklist of basic readiness skills. First and second grade students will be receiving an “O” for Outstanding, “S” for Satisfactory, or “N” for Needs Improvement in the following subjects: Art, Music, Physical Education, Handwriting, Science/Health, and Social Studies. The remaining subjects (Reading, Math, Spelling and Language) will be graded using A, B, C, D, and F as described below. Students in grades three though five will be graded using “O” for Outstanding, “S” for Satisfactory, or “N” for Needs Improvement in Handwriting. The remaining subjects: Art, Music, Physical Education, Science/Health, Social Studies, Reading, Math, Spelling, and Language will be graded using A, B, C, D, and F as described below. In elementary school, a student may receive higher grades than his/her achievement demonstrates because he/she is working on material that is below level. In this case, the instructional level must be clearly marked on the report card and permanent record. This fact must also be explained in narrative in the space provided on the report card. The following scale will be used for all students: Letter Grade Quality Pts. Weighted Pt. Value A = 100 – 93 4 5 B = 92 – 85 3 4 C = 84 – 75 2 3 D = 74 – 65 1 2 F = 64 – 0 0 0 P = 0 (credit only) 0

Only the above-mentioned letter grades (O, S, N, N/A, A, B,C,D, F, and P) will be recorded on the report cards and record card. *The weighted point value is specifically for identified high school courses. All elementary schools (K – 5) must use the adopted report card. No waivers will be granted. Adoption Dates:09/25/75,07/19/82, 08/16/82, 11/84, 08/85, 10/85, 06/17/91, 05/04/98, 05/22/00, 06/04/03

Berkeley County Schools’ Student Handbook 2010-2011 Page 28 WEIGHTED CLASS IMPLEMENTATION PROCEDURES, HONORS GRADUATE PROCEDURES, HIGH SCHOOL RANKING IN CLASS PROCEURES Effective with the 2003 – 04 school year, Berkeley County Schools adopt the “State’s Uniform Grading Policy. This policy permits the weighting of specifically identified classes and defines a uniform grading scale. The classes identified as weighted will be given a value of: Grade Weighted Value Non-Weighted Value Grading Scale A 5 Points 4 Points A = 93 – 100 B 4 Points 3 Points B = 85 – 92 C 3 Points 2 Points C = 75 – 84 D 2 Points 1 Points D = 65 – 74 F 0 Points 0 Points F = 0 – 64

In order to preserve the integrity of the current system and enable all of our students to fully benefit for the purposes of the Promise Scholarship, the following procedures will be implemented effective for the 2003 – 04 school year. The GPA for the classes of 2006 and beyond will be determined strictly on the basis of all high school classes taken and the quality points so assigned to those classes under the new State policy and Berkeley County policy. Weighted classes previously taken by all students before the 2003 – 04 school year cannot be retroactively converted to the 5 – point scale. Graduating Class Weighted Classes Cont For Promise Scholarship Eligibility?* 2004 Yes 2005 Yes 2006 and Beyond Yes

Beginning with the graduating class of 2006, the Berkeley County Board of Education will replace the traditional honors graduate system (valedictorian, salutatorian) with the following honors graduate categories for graduating seniors. Honor GPA Cord Summa Cum Laude 3.8 and above Gold Magna Cum Laude 3.4 – 3.799 Silver Cum Laude 3.0 – 3.399 Bronze Students achieving the above honors will be recognized as Berkeley Scholars, will be listed in the graduation program per the above categories, and will wear cords signifying their academic achievement as specified above. Grade point averages are based on the Berkeley County Board of Education Policy and will be computed at the end of the first semester of the senior year. Credits earned in classes that count toward high school graduation, except classes evaluated on a pass/fail basis, shall be included when computing class rank and grade point average. The following computational procedure shall be used for computing student grade point average (GPA): Grade Points Earned Weighted Classes A 4 5 B 3 4 C 2 3 D 1 2 F 0 0

Honor graduates will be recognized in press releases, graduation ceremonies, and in any other manner each high school deems appropriate. There is to be no designation of a valedictorian or salutatorian beginning with the class of 2006. In cases where schools are asked to submit the name of the student graduating with the highest GPA (e.g., the Robert C. Byrd Scholarship or other similar programs), principals and counselors are reminded that the practice of publishing the name of a student as valedictorian is not allowed by this procedure.

Berkeley County Schools’ Student Handbook 2010-2011 Page 29 All students’ in a class shall be included in the determining of rank-in-class; however, to be eligible for inclusion in the class ranking, a student must have completed the first semester of his/her senior year at their high school. Exact rank shall be computed at the end of the junior year and again at the end of the first semester of the senior year. Class rank shall be determined by grade point average as computed by WVEIS. The final class rank will be determined at the completion of the students’ final semester.

Identified High School Weighted Courses Effective 2004 – 05 School Year Language Arts English 9 Honors English 10 Honors English 11 Honors English 12 Honors All AP classes are weighted College English

Mathematics Trigonometry Probability and Statistics Discrete Mathematics Pre-Calculus All AP classes are weighted

Science Coordinated and Thematic Science 9 Honors Coordinated and Thematic Science 10 Honors All AP classes are weighted

Social Studies US History to 1900 (9) Honors World History to 1900 (10) Honors Twentieth/Twenty-First Centuries (11) Honors All AP classes are weighted

Note: All AP core classes are weighted

NINE WEEK REPORTING All students will be issued report cards at nine-week intervals. Report cards will be issued four times per year. Interim reports will be required and issued at four and one-half week intervals for those students whose grade is below “C” (i.e., D, F or incomplete) or for any student whose grade has fallen two letter grades, (i.e., from an “A” to a “C”).Interim report forms will be available for all schools; however, schools may choose to use their own form if one is available. During the nine-week grading period, a minimum of four major assessments must be recorded. The assessments could include tests, projects, reports, etc. Daily assessments and weekly assessments are also extremely important. The number or type of these assessments will be determined by the individual school’s faculty and administration. Although, interim reports are required for grades below a “C”, or for any student whose grade has fallen two letter grades, it is strongly recommended that every student receive an interim progress report. Each school should also determine a procedure to inform parents when they should expect interim and 9- week progress reports.

Semester Exam Procedures

Berkeley County Schools’ Student Handbook 2010-2011 Page 30 Rationale: Semester exams are essential for our students in the continuing effort of promoting excellence and high expectations. Exams should be administered to all students taking courses for high school credit. Procedures: 1. Exams are to be administered to all students in all subjects. Each school shall publish an exam schedule four weeks prior to exam dates. 2. Exams are to be Comprehensive Mastery Exams. 3. Exams are to be administered during a two-period block with no more than two exams per day. 4. Exams are to count as 1/7 of the semester grade for all students. 5. Exemption to this procedure will be verified for hospitalization, death in the immediate family, or other extreme extenuating circumstances, as approved by the School Assistance Team.* 6. Graduating seniors in the eighth semester are excused from the second semester exam to facilitate graduation.

*Appeal must be requested by the student though the student’s counselor, who will schedule an appeal hearing with the SAT. The counselor will notify the student of the time and date of the meeting. Appeal must be requested prior to the beginning of the exam schedule.

Rev. 6/10/00

Testing Out Program (TOP) In accordance with state board policy which states “students may receive credit for courses based on tested or demonstrated master of the instructional goals and objectives associated with successful completion of sours”, high school students may be afforded the opportunity to take testing out exams as a means of proving their mastery of a subject and advancing to a more challenging level. Such tests may include a written component as well as performance tasks. Students who wish to test out of a subject should contact their counselor for an application. The completed application must be returned to the counselor prior to the end of the initial nine-week period of the semester. Eighth grade students may elect to test out of a high school course the second semester; their middle school counselors will have the appropriate application. Once the completed application is received by the counselor, the student will be given a copy of the Content Standards and Objectives for the course and the test date. The student may request additional instructional materials (including the textbook and study guides, if available) for review for the appropriated content department chair. Exams will be secured and will be administered at each high school in a secure location under the standardized conditions in order to maintain the integrity of the program. The test will be administered to the student during the second nine-week period of the semester. Tests are administered in the evening or on Saturday. Most tests include a practical component that will be administered at a later date if the student scores at least 80% in the written test. Students may get their grades from the counselor. Students who receive a score of 80% or higher on the written and practical components of the test (when a practical is part of the test) will receive credit for the course and a passing grade (P) will be recorded on their transcripts. The grade will not be included in the GPA calculation. Counselors will adjust the schedules of the students who pass the courses if necessary. No grade will be recorded for students who do not achieve 80% mastery. Rev. 6/10/00

Berkeley County Schools’ Student Handbook 2010-2011 Page 31

STUDENTS MAY TEST OUT OF THE FOLLOWING: Foreign Language Science French I Coordinated Science 9 Latin I Coordinated Science 10 Spanish I

Language Arts Social Studies English 9 U.S. History 9 English 10 U.S. History 11 English 11 World History English 12 Civics/Government 12

Mathematics Vocational Education Pre-Calculus Keyboarding I Algebra I Geometry Algebra II Trigonometry

Physical Education Physical Education Health I

ACCEPTING CREDITS EARNED BEFORE GRADE 9 Any student who successfully completes a high school level course prior to Grade Nine (9) shall receive full credit for that course toward graduation requirements. The student’s permanent record for Grades 9 – 12 shall indicated completion of the courses. The grade for any course taken prior to Grade 9 becomes part of the student’s permanent record and is calculated in the student’s GPA (grade point average). State Board Policy 2510, 126CS R42, 6.4.10

NATIONAL HONOR SOCIETY Effective with the entering class of the 2005 – 06 school year, the minimum grade point average required for eligibility to be considered for membership in the National Honor Society at Berkeley County high schools will be 305. The current requirement will remain in effect for the graduating classes of 2006, 2007, and 2008. The new requirement affects the graduating class of 2009 and beyond. Those students will become eligible during the 2007 – 08 school year when they will be juniors. For information regarding the National Honor Society, please contact the high school principal.

Berkeley County Schools’ Student Handbook 2010-2011 Page 32 SPECIAL EDUCATION

The following document, Procedural Safeguards Available to Parents and Students with Exceptionalities, contains information specifically for parents of students in special education. Berkeley County Schools are required to provide this information to these parents at least one time per year.

Procedural Safeguards Procedural Safeguards Procedural Safeguards Available to Parents and Student August 2007 The individuals with Disabilities Education Act of 2004 (IDEA), the federal law concerning the education of students with disabilities, and West Virginia Board of Education Policy 2491: Regulations for the Education of Students with Exceptionalities provide procedural safeguards to ensure parent participation in the special education process and to ensure the student’s right to a free, appropriate public education (FAPE). In addition, Policy 4350: Regulations for the Collection, Maintenance, and Disclosure of the Student Data protects confidentiality of student information. At age 18, all the following rights given to parents, transfer to the student. The student will receive any notices sent to the parents and may exercise these rights, unless the student have been determined incompetent under state law. Parents also continue to receive all required notices.

Parent Notice and Consent Prior Written notice The school district must give the parent written notice (provide certain information in writing), whenever it: 1. Proposes to initiate or to change the identification, evaluation or educational placement or f student, or the provision of a free, appropriate public education (FAPE); or 2. Refuses to initiate or to change the identification, evaluation nor educational placement of a student, or the provision of FAPE. The written notice must: 1. Describe the action the school district proposes or refuses to take; 2. Explain why the school district is proposing or refusing to take action; 3. Describe each evaluation procedure, assessment, record or report the school district used in deciding to propose or refuse the action; 4. Include a statement that parents have protections under the procedural safeguards provisions of the IDEA; 5. Tell how to obtain a description of the procedural safeguards if the action that the school district is proposing or refusing is not an initial referral for evaluation; 6. Include resources for parents to contact for help in understanding the IDEA; 7. Describe any other choices that student’s Individualized Education Program (IEP) Team considered and the reasons why those choices were rejected; and 8. Provide a description of other reasons why the school district proposed or refused the action.

Notice in understandable language The notice must be: 1. Written in language understandable to the general public; and 2. Provided in the parent’s native language or other mode of communication, unless it is clearly not feasible to do so. If the native language or other mode of communication is not a written language, the school district must take steps to ensure that: 1. The notice is translated orally or by other means to the parent in the native language or other mode of communication; 2. The parent understands the content of the notice; and 3. Written evidence that 1 and 2 have been met is maintained. Native language, when used with an individual who has limited English proficiency, means that following: 1. The language normally used by that person, or, in the case of a student, the language normally used by the student’s parents;

Berkeley County Schools’ Student Handbook 2010-2011 Page 33 2. In all direct contact with a student (including evaluation of the student), the language normally used by the student in the home or learning environment. For a person with deafness or blindness, or for s person with no written language, the method of communication is what the person normally uses (such as sign language, Braille, or oral communication). If the school district offers parents the choice of receiving documents by electronic mail (e-mail), parents may choose to receive the following by e-mail; 1. Prior written notice; 2. Procedural safeguards notice; and 3. Notices related to a due process complaint.

Definition of consent Consent means the parent: 1. Has been fully informed in his or her native language or other method of communication (such as sign language, Braille or oral communication) of all information about the action for which consent it given; 2. Understands and agrees in writing to that action, and the consent describes that action and lists the records (if any) that will be released and to whom; and 3. Understands that the consent is voluntary and may be withdrawn at any time. Withdrawal of consent does not negate (undo) an action that occurred after the parent gave consent and before it was withdrawn.

Consent for initial evaluation Before the school district conducts an initial evaluation of a student to determine eligibility under IDEA to receive special education and related services, it must provide the parent prior written notice of the proposed action and obtain parent consent. The school district must make reasonable efforts to obtain informed consent for an initial evaluation to decide whether a student has an exceptionality. Parent consent for initial evaluation does not mean the parent has given consent for the school district to start providing special education and related services to the student. If the student is enrolled in public school, or parents are seeking to enroll the student in a public school, and consent has been refused or the parents have not responded to a request for consent for an initial evaluation, the school district may, but is not required to, seek to conduct an initial evaluation through the special education mediation or due process hearing procedures. The school district will not violate is obligations to locate, identify and evaluate the student if it does not pursue an evaluation in these circumstances. Special rules for initial evaluation of wards of the state If a student is a ward of the state and is not living with the parent, the school district does not need consent from the parent for an initial evaluation to determine if the student is a student with an exceptionality if: 1. Despite reasonable efforts to do so ,the school district cannot find the student’s parent; 2. The rights of the parents have been terminated in accordance with state law; or 3. A judge ahs assigned the right to make educational decisions and to consent for an initial evaluation to an individual other than the parent. Ward of the State, as used in the IDEA, means a child who, as determined by the state where the child lives, is; 1. A foster child; 2. Considered a ward of the state under state law; or 3. In the custody of a public child welfare agency. Ward of the State does not include a foster child who is a foster parent.

Parental consent for services The school district must get the parent’s informed consent before providing special education and related services to the student for the first time. The school district must make reasonable efforts to get this informed consent. If the parent does not respond to a request to provide such consent, or if consent is refused, the school district cannot use the procedural safeguards (i.e., mediation, due process complaint, resolution meeting or an impartial due process hearing) to obtain agreement of a ruling that the special education and related services may be provided without consent. When the school district does not provide special education and related services because the parent refused to give consent for the student

Berkeley County Schools’ Student Handbook 2010-2011 Page 34 to receive special education and related services for the first time, or did not respond to a request to provide such consent the district:

1. Is not in violation of the requirement to make a free, appropriate public education (FAPE) available to the student for its failure to provide those services; and 2. Is not required to have an IEP Team meeting or develop an IEP for the student.

Parental consent for reevaluations The school district must get informed parental consent before if reevaluates a student, unless the school district can demonstrate that:

2. It took reasonable steps to get consent for reevaluation; and 3. The parent did not respond. If the parent refuses consent for the reevaluation, the school district may, but is not required to, pursue the reevaluation by using the mediation or due process hearing procedures to seek to override the parent's refusal to consent to the reevaluation. As with initial evaluations, the school district does not violate its obligations under the IDEA if it does not pursue the reevaluation in this manner.

Documentation of reasonable efforts to obtain parental consent The school district must keep records of reasonable efforts to obtain parental consent for initial evaluations, to provide special education and related services for the first time, to reevaluate and to locate parents of wards of the state for initial evaluations. The documentation must include a record of the school district's attempts in these areas, such as:

1. Detailed records of telephone calls made or attempted and the results of those calls; 2. Copies of correspondence sent to the parents and any responses received; and 3. Detailed records of visits made to the parent's home or place of employment and the results of those visits.

Other consent requirements Parental consent is not required before the school district may: 1. Review existing data as part of a student's evaluation or a reevaluation; 2. Give a test or other evaluation that is given to all students unless, before that test or evaluation, consent is required from all parents of all students; 3. Conduct evaluations, tests, procedures or instruments that are identified on an IEP as a measure for determining progress toward IEP goals; or 4. Conduct a screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation the school district may not use parent refusal to consent to one service or activity to deny the parent or student any other service, benefit or activity. If the student is enrolled in a private school at parent expense, or if the student is home schooled, and the parent does not consent to the student's initial evaluation, or to reevaluation, or does not respond to a request for consent, the school district cannot use its consent override procedures (i.e., mediation, or an impartial due process hearing) and is not required to consider the student eligible to receive equitable services (services made available to parentally placed private school students with disabilities).

Independent Educational Evaluations A parent has the right to get an independent educational evaluation (IEE) of the student if he or she disagrees with the evaluation conducted by the school district. If a parent requests an independent educational evaluation, the school district must provide information about where to obtain an IEE and about the school district's criteria that apply to independent educational evaluations.

Definitions Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the student's education. Public expense means that the

Berkeley County Schools’ Student Handbook 2010-2011 Page 35 school district either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to parents, consistent with the provisions of the IDEA, which allow each state to use whatever state, local, federal and private sources of support are available in the state to meet the requirements of the IDEA.

Parent right to evaluation at public expense The parent who disagrees with a school district's evaluation has the right to an independent educational evaluation of the student at public expense, subject to the following conditions:

1. If the parent requests an independent educational evaluation of the student at public expense, the school district must, without unnecessary delay, either: 3. Request a due process hearing to show that its evaluation is appropriate; or 4. Provide an independent educational evaluation at public expense, unless the school district demonstrates in a hearing that the independent educational evaluation did not meet the school district's criteria. 2. If the school district requests a hearing and the final decision is that the school district's evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense. 3. If a parent requests an independent educational evaluation of the student, the school district may ask why the parent objects to the school district's evaluation. However, the school district may not require an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint to defend the school district's evaluation. The parent is entitled to only one independent educational evaluation at public expense each time the school district conducts an evaluation of the student with which the parent disagrees.

Parent initiated evaluations If a parent obtains an independent educational evaluation at public expense or shares with the school district an evaluation obtained at private expense: 1. The school district must consider the results of the evaluation, if it meets the school district's criteria for independent educational evaluations, in any decision made with respect to the provision of a free appropriate public education to the student; and 2. The parent or the school district may present the evaluation as evidence at a due process hearing regarding the student.

Requests for evaluations by a due process hearing officer If a due process hearing officer requests an independent educational evaluation as part of a due process hearing, the cost of the evaluation must be at public expense.

School district criteria If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the school district uses when if initiates an evaluation (to the extent those criteria are consistent with the parent's right to an independent educational evaluation). Except for the criteria described above, a school district may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

Confidentiality of Information Definitions As used under the heading Confidentiality of Information: Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable. Education records means those records that are directly related to a student and are collected, maintained or disclosed by an educational agency or institution or by a party acting for the educational agency or institution. This term is further defined in 34 CFR Part 99 (the regulations implementing the Family Educational Rights and Privacy Act of 1974), 20 U.S.C. 1232g (FERPA) and Policy 4350. Personally identifiable means information that has:

Berkeley County Schools’ Student Handbook 2010-2011 Page 36 (a) The student's name, the name of the student's parent or the name of another family member; (b) The address of the student or student's family; (c) A personal identifier, such as the student's Social Security Number or student number; or (d) A list of personal characteristics or other information that would make the student's identity easily traceable. The rules for confidentiality apply to any "participating agency," that is, any school district, agency or institution that collects, maintains or uses personally identifiable information, or from which information is obtained, under IDEA, Part B. This includes the West Virginia Department of Education (WVDE), school districts and other agencies under the general supervision of the West Virginia Board of Education. Because this document focuses on the parent's involvement with the local school district, "school district" is used rather than the broader term, "participating agency."

Notice to parents The WVDE must give notice that is adequate to fully inform parents about confidentiality of personally identifiable information, including: 1. A description of the extent to which the notice is given in the native languages of the various population groups in the state; 2. A description of the students on whom personally identifiable information is maintained, the types of information sought, the methods the state intends to use in gathering the information (including the sources from whom information is gathered) and the uses to be made of the information; 3. A summary of the policies and procedures that participating agencies must follow regarding storage, disclosure to third parties, retention and destruction of personally identifiable information-, and 4. A description of all of the rights of parents and students regarding this information, including the rights under the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations in 34 CFR Part 99. Before any major identification, location or evaluation activity (also known as "child find"), the notice must be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the state of the activity to locate, identify and evaluate students in need of special education and related services.

Access rights The school district must permit the parent (or adult student to whom rights have transferred) to inspect and review any education records relating to the student that are collected, maintained or used by the school district, including records under the IDEA, Part B. The school district must comply with a parent's request to inspect and review a student's education records without unnecessary delay and before any meeting regarding an IEP or any impartial due process hearing (including a resolution meeting or a hearing regarding discipline), and in no case more than 45 calendar days after the parent made the request. The right to inspect and review education records includes: 1. The right to a response from the school district to reasonable requests for explanations and interpretations of the records; 2. The right to request that the school district provide copies of the records if parents cannot effectively inspect and review the records unless they receive those copies; and 3. The right to have a representative inspect and review the records. The school district may presume that a parent has authority to inspect and review records relating to his or her child unless advised that the parent does not have the authority under applicable state law governing such matters as guardianship, or separation and divorce.

Record of access Each school district must keep a record of parties obtaining access to education records collected, maintained or used under the IDEA (except access by parents and authorized employees of the district agency), including the name of the party, the date access was given and the purpose for which the party is authorized to use the records.

Records on more than one child If any education record includes information on more than one student, the parent has the right to inspect and review only the information relating to his or her child or to be informed of that specific information.

Berkeley County Schools’ Student Handbook 2010-2011 Page 37 List of types and locations of information On request, the school district must provide parents with a list of the types and locations of education records collected, maintained or used by the agency.

Fees The school district may charge a fee for copies of records, if the fee does not effectively prevent the parent from exercising the right to inspect and review those records. A school district may not charge a fee to search for or to retrieve information from education records, including those maintained under the IDEA.

Amendment of records at parent's request If a parent believes that information in the education records regarding his or her child collected, maintained or used under the IDEA is inaccurate, misleading or violates the privacy or other rights of the student, the parent may request the school district that maintains the information to change the information. The school district must decide whether to change the information in accordance with the request within a reasonable period of time of receipt of the request. If the school district refuses to change the information as requested, it must inform the parent of the refusal and of the right to a hearing.

Opportunity for a hearing and results of a hearing The school district must, on request, provide the parent an opportunity for a hearing to challenge information in a student's education records to ensure that it is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student. A hearing to challenge information in education records must be conducted according to the procedures for such hearings under the Family Educational Rights and Privacy Act (FERPA) and Policy 4350. If, as a result of the hearing, the school district decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, if must change the information and inform the parent in writing. If, as a result of the hearing, the school district decides that the information is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it must inform the parent of the right to place in the records that it maintains on the student a statement commenting on the information or providing any reasons the parent disagrees with the decision of the school district. The parent's explanation must: 1. Be maintained by the school district as part of the student's records as long as the record or contested portion is maintained by the school district; and 2. If the school district discloses the student's records or the challenged portion to any party, the explanation also must be disclosed to that party.

Consent for disclosure of personally identifiable information Unless the information is contained in education records and the disclosure is authorized without parental consent under the Family Educational Rights and Privacy Act (FERPA), parent consent must be obtained before personally identifiable information is disclosed to parties other than officials of the student's school district who have a legitimate educational interest in the student's education or to a school or district in which the student seeks to enroll. WVDE officials responsible for monitoring the requirements of IDEA also have access. Parent consent, or the consent of an eligible student who has reached the age of majority under state law, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services. If the parent has enrolled the student in a private school that is not located in the same school district in which the parent resides, parent consent must be obtained before any personally identifiable information about the student is released between officials in the school district where the private school is located and officials in the school district where the parent resides.

Safeguards Each school district must protect the confidentiality of personally identifiable information at collection, storage, disclosure and destruction stages. One official at each participating agency must assume responsibility for ensuring the confidentiality of any personally identifiable information. All persons collecting or using personally identifiable information must be trained in Policy 4350, which includes policies and procedures for confidentiality under the IDEA and the Family Educational Rights and Privacy

Berkeley County Schools’ Student Handbook 2010-2011 Page 38 Act (FERPA). Each school district must maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.

Destruction of Information Parents (or eligible adult students) must be informed when personally identifiable information collected, maintained or used is no longer needed to provide educational services to the student. The information must be destroyed at parent (or adult student) request. However, a permanent record of the student's name, address, phone number, grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation.

Dispute Resolution Processes: State Complaint, Mediation and Due Process Complaint The West Virginia Department of Education (WVDE) maintains three processes available to parents and school districts for resolving serious concerns: 1. the state special education complaint, 2. mediation and 3. the due process complaint, including the opportunity for a resolution meeting or a due process hearing. WVDE provides additional information on all three processes on its Web site and upon request. The parent or any individual may file a state special education complaint alleging a violation of any IDEA, Part B requirement by the school district, the WVDE or any other public agency. The WVDE staff must resolve a state complaint in writing within 60 calendar days of receipt unless the timeline is properly extended or the parent and district use the early resolution process to resolve the issues. Only the parent or a school district may file a mediation or due process complaint on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation or educational placement of a student with an exceptionality, or the provision of a free appropriate public education. Mediation is an informal process, voluntary for both parties, in which WVDE assigns a trained third party to meet with the parent and school officials to resolve the issue in dispute. If parties agree, a written, legally binding agreement is signed by both parties.

A due process complaint is a formal process in which a written complaint meeting specific legal requirements is filed with the WVDE to request a due process hearing. This is a one-tier process, in which the hearing is conducted at the state level and appeals of the decision are made in state or federal court. An impartial due process hearing officer assigned by the WVDE conducts a formal hearing with witnesses' testimony, presentation of evidence and cross-examination. Parents and the district have a resolution period in which to have a meeting to attempt to resolve the issues. In addition, parties may volunteer to attempt mediation prior to the hearing. An impartial due process hearing officer must hear a due process complaint (if not resolved through a resolution meeting or through mediation) and issue a written decision within 45 calendar days after the end of the resolution period, unless the due process hearing officer grants a specific extension of the timeline at the request of the parent or the school district. Both the district and parents are bound by the decision.

State Special Education Complaint The WVDE has written procedures for: 1. Resolving any special education complaint, including a complaint filed by an organization or individual from another state; and 2. Filing a complaint with the WVDE. The WVDE widely distributes the state special education complaint procedures to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers and other appropriate entities.

Remedies for denial of appropriate services In resolving a state special education complaint in which the WVDE has found a failure to provide appropriate services, the WVDE must address: 1. The failure to provide appropriate services, including corrective action appropriate to address the needs of the student; and

Berkeley County Schools’ Student Handbook 2010-2011 Page 39 2. Appropriate future provision of services for all students with disabilities.

Timelines The WVDE's complaint procedures include a time limit of 60 calendar days from the date WVDE receives the complaint to: 1. Carry out an independent on-site investigation, if the WVDE determines that an investigation is necessary; 2. Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint; 3. Provide the school district (or other public agency involved) the opportunity to respond to the complaint, including, at a minimum: a. at the option of the agency, a proposal to resolve the complaint; and b. an opportunity for a parent who has filed a complaint and the agency to agree voluntarily to try early resolution and/or mediation; 4. Review all relevant information and make an independent determination as to whether the school district or other public agency is violating a requirement of the IDEA; and 5. Issue a written decision that addresses each allegation in the complaint with a. findings of fact and conclusions; and b. the reasons for the WVDE's final decision.

The WVDE's complaint process: 1. Permits an extension of the 60-calendar-day time limit only if: 3. exceptional circumstances exist with respect to a particular state complaint; or 4. the parent and the school district or other public agency involved voluntarily agrees to extend the time to try mediation or local resolution. 2. Includes procedures for effective implementation of the WVDE's final decision, if needed, including: 3. technical assistance activities; 4. negotiations; and 5. corrective actions to achieve compliance.

State special education complaints and due process hearings If a written state special education complaint is received that is also the subject of a due process complaint, or the complaint has multiple issues of which one or more are part of a due process complaint, the WVDE must set aside the state complaint, or any part of the complaint that is being addressed in the due process hearing, until the hearing is over. Any issue in the complaint that is not a part of the due process hearing must be resolved using the time limit and procedures described above. If an issue raised in a complaint has previously been decided in a due process hearing involving the same parties (the parent and the school district), then the due process hearing decision is binding on that issue, and the WVDE must inform the complainant that the decision is binding. A complaint alleging a school district's or other public agency's failure to implement a due process hearing decision must be resolved by the WVDE.

Filing a complaint An organization or individual may file a signed, written state complaint under the procedures described above by sending a letter to the WVDE (address at the end of this document). The complaint must include: 1. A statement that a school district or other public agency has violated a requirement of the IDEA or its regulations; 2. The facts on which the statement is based; 3. The signature and contact information for the complainant; and 4. If alleging violations regarding a specific student: a. The name of the student and address of the residence of the student; b. The name of the school the student is attending; c. In the case of a homeless student, available contact information for the student, and the name of the school the student is attending;

Berkeley County Schools’ Student Handbook 2010-2011 Page 40 d. A description of the nature of the problem of the student, including facts relating to the problem; and e. A proposed resolution of the problem to the extent known and available to the party filing the complaint at the time the complaint is filed. The complaint must allege a violation that occurred not more than one year before the date that the complaint is received. The party filing the complaint must forward a copy of the complaint to the school district or other public agency serving the student at the same time the party files the complaint with the WVDE.

Early Resolution of State Complaints Either the parent or the school district may request early resolution of a state complaint by contacting the other party and participating in a local conference, which is voluntary for both parties. If early resolution is reached on any or all allegations in the complaint within 15 days of being notified of the receipt of the state complaint, the school district submits the signed Verification of Early Resolution form and the complaint is considered resolved. Allegations not resolved will be investigated using the above procedures.

Mediation The WVDE makes mediation available to allow parents and the school district to resolve disagreements involving any matter under the IDEA, Part B, including matters arising before the filing of a due process complaint. Mediation is available whether or not a due process hearing complaint has been filed. A parent or school district may submit a written request for mediation to the WVDE, which maintains a list of qualified mediators who know the laws and regulations relating to the provision of special education and related services. The WVDE selects mediators on a rotational basis. The WVDE is responsible for the cost of the mediation process, including meetings to encourage mediation. Mediation: 1. Is voluntary for parents and the school district; 2. May not be used to deny or delay the parent's right to a due process hearing, or to deny any other rights under the IDEA; and 3. Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. The school district may develop procedures that offer parents and school districts that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested party: 4. Who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in f he state; and 5. Who would explain the benefits and encourage the use of the mediation process to the parent. Each meeting in the mediation process must be scheduled in a timely manner and held at a place that is convenient for the parent and the school district. If the parent and the school district resolve a dispute through mediation, both parties must enter into a legally binding agreement that states the resolution and that: 6. States that all discussions that happened during the mediation process will remain confidential and may not be used as evidence in any later due process hearing or court proceeding; and 7. Is signed by both the parent and a representative of the school district who has the authority to bind the school district. A written, signed mediation agreement is enforceable in any state court that has the authority under state law to hear this type of case or in a federal district court. Discussions that happened during the mediation process must be confidential. They cannot be used as evidence in any future due process hearing or civil proceeding in any federal or state court.

Impartiality of the mediator The mediator: 1. May not be an employee of the WVDE or the school district that is involved in the education or care of the student; and 2. Must not have a personal or professional interest, which conflicts with the mediator's objectivity. A person who otherwise qualifies as a mediator is not an employee of the WVDE solely because the person is paid by the WVDE to serve as a mediator.

Berkeley County Schools’ Student Handbook 2010-2011 Page 41

Due Process Hearing Complaint Filing a due process complaint A parent or the school district may file a due process complaint on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation or educational placement of a student or the provision of a free, appropriate public education (FAPE). The due process complaint must allege a violation that happened not more than two years before the parent or the school district knew or should have known about the alleged action that forms the basis of the due process complaint. This timeline does not apply if the parent could not file a due process complaint within the timeline because: 1. The school district specifically misrepresented that it had resolved the issues identified in the complaint; or 2. The school district withheld information from the parent that if was required to provide under the IDEA, Part B. The district and WVDE will inform parents of any free or low-cost legal and other relevant services available in the area if requested, or it a due process complaint is filed. To request a hearing, the parent or the school district (or the attorney representing the parent or district) must submit a due process complaint to the other party. The hearing request must contain all of the content listed below and must be kept confidential. The party filing the complaint also must forward a copy to the WVDE.

Content of the due process complaint The due process complaint must include: 1. The name of the student; 2. The address of the student's residence; 3. The name of the student's school; 4. It the student is a homeless child or youth, the student's contact information and the name of the student's school; 5. A description of the nature of the problem of the student relating to the proposed or refused action, including facts relating to the problem; and 6. A proposed resolution of the problem to the extent known and available to the parent or the school district at the time. The parent or the school district may not have a due process hearing until the party requesting the hearing (or the parent's or the school district's attorney) files a due process complaint that includes this information.

Sufficiency of the due process complaint For a due process complaint to go forward, it must be sufficient. The due process complaint request will be considered sufficient (to have met the content requirements above) unless the party receiving if (the parent or the school district) notifies the due process hearing officer and the of her party in writing, within 15 calendar days of receiving the complaint, that the receiving party believes that the hearing request does not meet the requirements listed above. Within five calendar days of receiving this notice, the due process hearing officer must decide if the due process complaint meets the requirements listed above, and notify the parent and the school district in writing immediately.

Amendment of the due process complaint The parent or the school district may make changes to the due process complaint request only if: 1. The other party approves of the changes in writing and is given the chance to resolve the due process complaint through a resolution meeting; or 2. By no later than five days before the due process hearing begins, the due process hearing officer grants permission for the changes. If the complaining party makes changes to the due process complaint, the timelines for the resolution meeting (within 15 calendar days of receiving the complaint) and the time period for resolution (within 30 calendar days of receiving the complaint) start again on the date the amended complaint is filed.

School district response to a due process complaint If the school district has not given the parent a prior written notice regarding the subject matter in the parent's due process complaint, the school district must, within 10 calendar days of receiving the due process complaint, send the parent a response that includes:

Berkeley County Schools’ Student Handbook 2010-2011 Page 42 1. An explanation of why the school district proposed or refused to take the action raised in the due process complaint; 2. A description of other options the student's IEP Team considered and the reasons why those options were rejected; 3. A description of each evaluation procedure, assessment, record or report the school district used as the basis for f he proposed or refused action; and 4. A description of the other factors that are relevant to the school district's proposed or refused action. Providing the information in items 1-4 above does not prevent the school district from stating that a due process complaint was insufficient.

Other party response to a due process complaint Except as stated immediately above, the party receiving a due process request must, within 10 calendar days of receiving the hearing request, send the other party a response that specifically addresses the issues in the complaint.

WVDE forms The WVDE has forms for filing a due process complaint and a state complaint. These forms are not required, but any form or letter used for filing a complaint must include the required information.

Placement while the due process hearing is pending Except as provided below under the heading Procedures When Disciplining Students with Disabilities, once a due process complaint is sent to the other party, during the resolution period and while waiting for the decision of any impartial due process hearing or court proceeding, unless the parent and the state or the school district agree otherwise, the student must remain in his or her current educational placement. If the due process complaint involves an application for initial admission to public school, the student, with parent consent, must be placed in the regular public school program until the completion of all such proceedings. If the due process complaint involves an application for initial services under IDEA, Part B for a child who is transitioning from being served under Part C of the IDEA to Part B of the IDEA and who is no longer eligible for Part C services because the child has turned three, the school district is not required to provide the Part C services that the child has been receiving. If the child is found eligible under IDEA, Part B and the parent consents for the child to receive special education and related services for the first time, then, pending the outcome of the proceedings, the school district must provide those special education and related services that are not in dispute (those to which the parent and the school district both agree).

Resolution Meeting Within 15 calendar days of receiving a parent's due process complaint, and before the due process hearing begins, the school district must hold a meeting with the parent and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in the due process complaint. The meeting: 1. Must include a representative of the school district who has decision-making authority on behalf of the school district; and 2. May not include an attorney of the school district unless the parent brings an attorney. The parent and the school district determine the relevant members of the IEP Team to attend the meeting. The purpose of the meeting is for the parent to discuss the due process complaint and the facts that form the basis of the request, so that the school district has the opportunity to resolve the dispute. The resolution meeting is not necessary if: 3. The parent and f he school district agree in writing to waive f he meeting; or 4. The parent and the school district agree to try mediation, as described under the heading Mediation.

Resolution period If the school district has not resolved the due process complaint to the parent's satisfaction within 30 calendar days of receiving f he request (the resolution period), the due process hearing may occur. The 45-calendar-day timeline for issuing a final decision begins at the end of the 30-calendar-day resolution period, unless one of the following circumstances applies.

Berkeley County Schools’ Student Handbook 2010-2011 Page 43

Adjustments to the 30-calendar-day resolution period Except where the parent and the school district have both agreed to waive the resolution process or to use mediation, a parent's failure to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the parent agrees to participate in a resolution meeting. If, after making reasonable efforts and documenting such efforts, the school district is not able to obtain parent participation in the resolution meeting, the school district may, at the end of the 30-calendar-day resolution period, request that the due process hearing officer dismiss the request for a due process hearing. Documentation of the district's efforts must include a record of attempts to arrange a mutually agreed upon time and place, such as: 1. Detailed records of telephone calls made or attempted and f he results of those calls; 2. Copies of correspondence sent to the parent and any responses received; and 3. Detailed records of visits made to the home or parent's place of employment and the results of those visits. If the school district does not hold the resolution meeting within 15 calendar days of receiving notice of the due process complaint or does not participate in the resolution meeting, the parent may ask the due process hearing officer to order that the 45-calendar-day due process hearing timeline begin. If the parent and the school district agree in writing to waive the resolution meeting, then the 45-calendar-day timeline for the due process hearing starts the next day. After the start of mediation or the resolution meeting and before the end of the 30-calendar-day resolution period, if the parent and the school district agree in writing that no agreement is possible, then the 45-calendar-day timeline for the due process hearing starts the next day. If the parent and the school district are involved in mediation at the end of the 30-calendar-day resolution period, both parties can agree in writing to continue the mediation process until an agreement is reached. However, if either the parent or the school district withdraws from the mediation process, then the 45-calendar-day timeline for the due process hearing starts the next day.

Written settlement agreement If a resolution to the dispute is reached at the resolution meeting, the parent and the school district must enter into a legally binding agreement that is: 1. Signed by the parent and a representative of the school district who has the authority to bind the school district; and 2. Enforceable in any state court of competent jurisdiction (a state court that has authority to hear this type of case) or in a federal district court.

Agreement review period If the parent and the school district enter into an agreement as a result of a resolution meeting, either party may void the agreement within three business days of the time both parties signed the agreement.

Impartial Due Process Hearing Whenever a due process hearing is requested, the parent or the school district involved in the dispute must have an opportunity for an impartial due process hearing, as described above and in this section, conducted by an impartial due process hearing officer. At a minimum, a due process hearing officer: 1. Must not be an employee of the WVDE or the school district that is involved in the education or care of the student. A person is not an employee of the WVDE solely because the person is paid by the WVDE to serve as a due process hearing officer; 2. Must not have a personal or professional interest that conflicts with the due process hearing officer's objectivity in the hearing; 3. Must be knowledgeable and understand the provisions of the IDEA, federal and state regulations pertaining to the IDEA and legal interpretations of the IDEA by federal and state courts; and 4. Must have the knowledge and ability to conduct hearings and to make and write decisions, consistent with appropriate, standard legal practice. The WVDE keeps a list of those persons who serve as due process hearing officers and a statement of the qualifications of each one.

Berkeley County Schools’ Student Handbook 2010-2011 Page 44 Subject matter of due process hearing The party (parent or the school district) that requests the due process hearing may not raise issues at the due process hearing that were not addressed in the due process complaint, unless the other party agrees.

Timeline for requesting a hearing The parent or the school district must request an impartial hearing on the due process complaint within two years of the date the parent or the school district knew or should have known about the issue in the hearing request. The two-year timeline does not apply if the parent could not file a due process complaint because: 1. The school district specifically misrepresented that if had resolved the problem or issue raised in the parent's complaint; or 2. The school district withheld information it was required to provide to the parent under the IDEA.

Hearing rights Any party to a due process hearing (including a hearing relating to IDEA disciplinary procedures) has the right to: 1. Be accompanied and advised by a lawyer and/or persons with special knowledge or training regarding the problems of students with exceptionalities; 2. Present evidence and confront, cross-examine and require the attendance of witnesses; 3. Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing; 4. Obtain a written, or, at the parent's option, electronic, word-for-word record of the hearing; and 5. Obtain written, or, at the parent's option, electronic findings of fact and decisions. At least five business days before a due process hearing, the parent and the school district must disclose to each other all evaluations completed by that date and recommendations based on those evaluations they intend to use at the hearing. A due process hearing officer may prevent any party that does not comply with this requirement from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

Parental rights at hearings The parent must be given the right to: 1. Have the student present at the hearing; 2. Open the hearing to the public; and 3. Have the record of the hearing, the findings of fact and decisions provided at no cost.

Hearing decision A due process hearing officer's decision on whether a student received a free, appropriate public education (FAPE) must be based on substantive grounds. In matters alleging a procedural violation, a due process hearing officer may find that the student did not receive FAPE only if the procedural inadequacies: 1. Interfered with the student's right to FAPE; 2. Significantly interfered with the parent's opportunity to participate in the decision-making process regarding the provision of FAPE to the student; or 3. Caused a deprivation of an educational benefit. This rule does not prevent a due process hearing officer from ordering a school district to comply with the requirements in the procedural safeguards section of the IDEA regulations (34 CFR §§300.500 through 300.536).

Separate request for a due process hearing Nothing in the procedural safeguards section of the federal regulations under IDEA, Part B (34 CFR §§300.500 through 300.536) prevents a parent from filing a separate due process complaint on an issue separate from a due process complaint already filed.

Findings and decision to advisory panel and general public The WVDE, after deleting any personally identifiable information:

Berkeley County Schools’ Student Handbook 2010-2011 Page 45 1. Provides the findings and decisions in the due process hearing to the West Virginia Advisory Council for the Education of Exceptional Students; and 2. Makes those findings and decisions available to the public.

Timelines and convenience of hearings The WVDE ensures that not later than 45-calendar-days after the end of the 30-calendar-day period for resolution meetings or, as described under the sub-heading Adjustments to the 30-calendar-day resolution period, not later than 45-calendar-days after the end of the adjusted time period: 1. A final decision is reached in the hearing; and 2. A copy of the decision is mailed to each of the parties. A due process hearing officer may grant specific extensions of time beyond the 45-calendar-day time period at the request of either party. Each hearing must be conducted at a time and place that is reasonably convenient to the parent and student.

Finality of the hearing decision A decision made in a due process hearing (including a hearing relating to IDEA disciplinary procedures for students with disabilities) is final, except that any party involved in the hearing may appeal the decision by bringing a civil action in court, as described below.

Civil actions, including the time period to file A party (the parent or the school district) who does not agree with the findings and decision in the due process hearing (including a hearing relating to IDEA disciplinary procedures for students with disabilities) has the right to bring a civil action with respect to the matter that was the subject of the due process hearing. The action may be brought in a state court of competent jurisdiction (a state court that has authority to hear this type of case) or in a federal district court without regard to the amount in dispute.

Time limitation The party bringing the action has 120 calendar days from the date of the decision of the due process hearing officer to file a civil action.

Additional procedures In any civil action, the court: 1. Receives the records of the administrative proceedings; 2. Hears additional evidence at the request of either party; 3. Bases its decision on the preponderance of the evidence and grants the relief that the court determines to be appropriate.

Jurisdiction of district courts The district courts of the United States have authority to rule on actions brought under Part B of the IDEA without regard to the amount in dispute.

Rule of construction Nothing in IDEA, Part B restricts or limits the rights, procedures and remedies available under the U.S. Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973 (Section 504) or other federal laws protecting the rights of students with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under IDEA, Part B, the due process procedures described above must be exhausted to the same extent as would be required if the party filed the action under IDEA, Part B. This means that remedies available under other laws that may overlap with those available under the IDEA, but in general, to obtain relief under those other laws, the available administrative remedies under the IDEA (i.e., the due process complaint, resolution meeting and impartial due process hearing procedures) must be used before going directly into court.

Attorneys' fees - students with disabilities In any action or proceeding brought under IDEA, Part B, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to: 1. The parent who is the prevailing party;

Berkeley County Schools’ Student Handbook 2010-2011 Page 46 2. To the WVDE or a school district as a prevailing party, to be paid by the parent's attorney, if the attorney: a. filed a due process complaint or court case that the court finds is frivolous, unreasonable or without foundation; or b. continued to litigate after the litigation clearly became frivolous, unreasonable or without foundation; or 3. To the WVDE or a school district as a prevailing party, to be paid by the parent or the parent's attorney, if the request for a due process hearing or later court case was presented for any improper purpose, such as to harass, to cause unnecessary delay or to unnecessarily increase the cost of the action or proceeding. A court awards reasonable attorneys' fees as follows: 1. Fees must be based on rates prevailing in the community in which the action or hearing arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded. 2. Fees may not be awarded and related costs may not be reimbursed in any action or proceeding under IDEA, Part B for services performed after a written offer of settlement to the parent if: 3. The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of a due process hearing, at any time more than 10 calendar days before the proceeding begins; 4. The offer is not accepted within 10 calendar days; and 5. The court finds that the relief finally obtained by the parent is not more favorable than the offer of settlement. Despite these restrictions, an award of attorneys' fees and related costs may be made to the parent who prevails and was substantially justified in rejecting the settlement offer. 3. Fees may not be awarded relating to any meeting of the IEP Team, including resolution meetings, unless the meeting is convened as a result of a due process decision or judicial action. A resolution meeting is not considered a meeting convened as a result of an administrative hearing or court action and also is not considered an administrative hearing or court action for purposes of these attorneys' fees provisions. The court reduces, as appropriate, the amount of the attorneys' fees awarded under IDEA, Part B, if the court finds that: 1. The parent or parent's attorney, during the course of the action or proceeding, unreasonably delayed the final resolution of the dispute; 2. The amount of the attorneys' fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably similar skill, reputation and experience; 3. The time spent and legal services furnished were excessive considering the nature of the action or proceeding; or 4. The attorney representing the parent did not provide to the school district the appropriate information in the due process complaint. However, the court may not reduce fees it the court finds that the state or school district unreasonably delayed the final resolution of the action or proceeding or there was a violation under the procedural safeguards provisions of IDEA, Part B.

Procedures When Disciplining Eligible Students with Disabilities Authority of school personnel School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change of placement, made in accordance with the following requirements related to discipline, is appropriate for a student with a disability who violates the student code of conduct. To the extent that a school district takes disciplinary action for students without disabilities, school personnel may, for not more than 10 school days in a row, remove a student with a disability who violates the student code of conduct from the current placement to an appropriate interim alternative educational setting, another setting or suspension. School personnel may also require additional removals of the student of not more than 10 school days in a row in that same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement. (See Change of Placement, below) Once a student with a disability has been removed from his or her current placement for a total of 10 school days in the same school year, the school district must, during any later days of removal in that school year, provide services as described below under Services. If the behavior that violated the student code

Berkeley County Schools’ Student Handbook 2010-2011 Page 47 of conduct was not a manifestation of the student's disability (see Manifestation determination, below) and the disciplinary change of placement would exceed 10 school days in a row, school personnel may apply the disciplinary procedures to that student with a disability in the same manner and for the same duration as it would to students without disabilities, except that the school must provide services to that student. The student's IEP Team determines the interim alternative educational setting for these services.

Services The services that must be provided to a student with a disability who has been removed from the student's current placement may be provided in an interim alternative educational setting. A school district is only required to provide services to a student with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a student without disabilities who has been similarly removed. Districts typically do not provide such services. A student with a disability who is removed from the student's current placement for more than 10 school days must: 1. Continue to receive educational services to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals in the student's IEP; and 2. Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not happen again. After a student with a disability has been removed from his or her current placement for 10 school days in that same school year, and if the current removal is for 10 school days in a row or less and if the removal is not a change of placement (see Change in Placement, below), then school personnel, in consultation with at least one of the student's teachers, determine the extent to which services are needed to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP. If the removal is a change of placement, the student's IEP Team determines the appropriate services to meet the above requirements.

Manifestation determination Within 10 school days of any decision to change the placement of a student with a disability because of a violation of the student code of conduct (see Change of Placement, below), the school district, the parent and relevant members of the IEP Team (as determined by the parent and the school district) must review all relevant information in the student's file, including the student's IEP, any teacher observations and any relevant information provided by the parents to determine: 1. If the conduct in question was caused by, or had a direct and substantial relationship to, the student's disability; or 2. If the conduct in question was the direct result of the school district's failure to implement the student's IIEP. If the school district, the parent and relevant members of the student's IEP Team determine that either of those conditions was met, the conduct must be found to be a manifestation of the student's disability. If they determine that the conduct in question was the direct result of the school district's failure to implement the IEP, the school district must take immediate action to remedy those deficiencies. If the conduct was a manifestation of the student's disability, the IEP Team must either: 1. Conduct a functional behavioral assessment, unless the school district had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the student; or 2. If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior. Except as described below under Special circumstances, the school district must return the student to the placement from which the student was removed, unless the parent and the district agree to a change of placement as part of the modification of the behavioral intervention plan.

Berkeley County Schools’ Student Handbook 2010-2011 Page 48 Special circumstances Whether or not the behavior was a manifestation of the student's disability, school personnel may remove a student to an interim alternative educational setting (determined by the student's IEP Team) for up to 45 school days, if the student: 1. Carries a weapon to school or has a weapon at school, on school premises or at a school function under the jurisdiction of the WVDE or a school district; 2. Knowingly has or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises or at a school function under the jurisdiction of the WVDE or a school district; or 3. Has inflicted serious bodily injury upon another person while at school, on school premises or at a school function under the jurisdiction of the WVDE or a school district. Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law. Serious bodily injury has the meaning given the term ''serious bodily injury'' under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code. Weapon has the meaning given the term ''dangerous weapon" under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code.

Parent Notice On the date the school district makes the decision to make a removal that is a change of placement of the student because of a violation of the student code of conduct, the school district must notify the parents of that decision and provide the parents with this notice of procedural safeguards.

Change of placement because of disciplinary removals A removal of a student with a disability from the student's current educational placement is a change of placement if: 1. The removal is for more than 10 school days in a row; or 2. The student has had a series of removals that constitute a pattern because: a. The series of removals totals more than 10 school days in a school year; b. The student's behavior is substantially (for the most part) similar to the student's behavior in previous incidents that resulted in the series of removals; c. Of such additional factors as the length of each removal, the total amount of time the student has been removed and the proximity of the removals to one another; and Whether a pattern of removals constitutes a change of placement is determined on a case-by-case basis by the school district and, if challenged, is subject to review through due process and judicial proceedings. The IEP Team must determine the interim alternative educational setting for all removals that are changes of placement.

Berkeley County Schools’ Student Handbook 2010-2011 Page 49 TECHNOLOGY

BERKELEY COUNTY FILE: JT STUDENTS

BERKELEY COUNTY SCHOOLS TELECOMMUNICATIONS ACCEPTABLE USE POLICY

I. General A. Berkeley County Schools believes that the benefits to all users from access to the Internet and other online services, in the form of information resources and opportunities for collaboration, far exceed any disadvantages of access.

B. The Internet is an electronic highway connecting millions of computers all over the world and millions of individual subscribers. Access to the Internet will provide students and educators with: electronic mail communication; information and news services; public domain and software of all types; discussion groups on a variety of subjects; connections to many libraries, companies, agencies, and businesses, virtual courses and educational resources; online staff development, electronic educational tools and e-learning platforms.

C. With connections to computers and people all over the world also comes the availability of material that may not be considered to be appropriate or have educational value. On a global network, it is impossible to restrict access to all controversial materials. It is the responsibility of the student, parent, teacher and administrator to ensure that access to telecommunication networks, computers and the Internet provided by the school, county, RESA and state educational systems is not abused.

D. Because parent(s) and guardian(s) of students are responsible for setting and conveying the standards that the students should follow, Berkeley County Schools supports and respects each family's right to decide whether or not to apply for access. The student and his/her parent(s) or guardian(s) must understand that student access to School District Network is being developed to support the District's educational responsibilities and mission.

E. All adult users accessing the Internet via District computer systems are responsible for adhering to State/County/School policies.

F. Berkeley County Schools cannot control the information on the Internet. Sites accessible via the Internet may provide information that contains pornography, is illegal, defamatory, inaccurate or potentially offensive to some people. While the District's intent is to make the Internet and other telecommunications resources available to further its educational goals and objectives, parents should be aware that student account holders will have the ability to access unacceptable materials if they disregard the school's and District's access limitations stated below.

G. The specific conditions and services being offered will change from time to time. In addition, Berkeley County Schools makes no warranties with respect to network service, and it specifically assumes no responsibilities for:

1. The content of any advice or information received by a user from a source outside the District, or any costs or charges incurred as a result of seeing or accepting such advice; 2. Any costs, liabilities or damages caused by the way the user chooses to use his/her network access; 3. Any consequences of service interruptions or changes, even if these disruptions arise from circumstances under the control of the District. 4. The privacy of electronic mail, which cannot be guaranteed. II. Use

Berkeley County Schools’ Student Handbook 2010-2011 Page 50 A. Acceptable Use 1. Access to the Internet is provided to support research and education by providing access to unique resources and the opportunity for collaborative work. The use of the Internet must be in support of education and consistent with the educational objectives of the Berkeley County and West Virginia Boards of Education. Users must also be in compliance with the rules and regulations of the West Virginia Network for Educational Telecomputing (WVNET), specifically the: "WVNET Security Policy and Procedure," West Virginia Board of Education Policy 2460, and this local policy, JT. 2. Transmission of any material in violation of any U.S. or state law or regulation is prohibited. This includes, but is not limited to, copyrighted material, threatening, abusive, or obscene material, or material protected by trade secrets. Use for commercial activities by for-profit institutions is unacceptable. Use for product advertisement or political lobbying is also prohibited. Illegal activities and privacy and safety violations of the Children's Internet Protection Act (CIPA) and the Neighborhood Children's Internet Protection Act (N-CIPA) are strictly prohibited. B. Privileges 1. The use of the Internet as part of an educational program is a privilege, not a right, and inappropriate or unauthorized use or safety violations could result in revocation or suspension of that privilege. a. Each student and employee who will access the Internet will be provided acceptable use training and shall have a signed acceptable use form on file. The student's acceptable use form shall be signed by a parent or legal guardian and the student. b. After enrolling in a Berkeley County school, a student who will access the Internet must provide to the school a signed parent consent form prior to accessing the Internet on school or any district hardware. These forms are in effect until the student transfers out of or drops from the school or when the student's access is terminated due to provisions of this or state policy. c. Signed adult forms are in effect until the employee resigns or his/her employment is terminated by the local board of education or when the employee's access is terminated due to provisions of this or state policy. d. K - 12 Internet access accounts are issued by the West Virginia Department of Education to students and employees who have completed the required training, have a signed consent form on file, read both applicable state and local policies and for whom the trainer has requested to WVDE a K - 12 address. e. No temporary K - 12 accounts will be issued, nor may a student use an Internet account not specifically created for him or her. f. Based upon the acceptable use and safety guidelines outlined in this document, the Berkeley County administrators will determine what is appropriate use, and their decision is final. Also, the system administrator and/or local teachers may deny user access at any time. Additionally, Berkeley County Board of Education and/or the State of West Virginia may pursue legal action to recover damages as a result of inappropriate use or safety violations of the network. 2. The State of West Virginia provides to its education agencies two communication components that both operate through the same closed wide area telecommunications network. These two components are the messaging system associated with the West Virginia Educational Information Systems (WVEIS) and K - 12 address accounts associated with the Internet. Both systems are to be used exclusively for educational purposes as defined by the State and local Boards of Education and/or for the business of these organizations. All messages are records of the WVDE. The WVDE reserves the right to access and disclose all messages sent over these systems for any purposes. For reasons of privacy, employees may not attempt to gain access to another employee's personal file of messages in these systems, however, the WVDE reserves the right to enter an employee's system files whenever there is a business need to do so. 3. Parent and Adult Consent

Berkeley County Schools’ Student Handbook 2010-2011 Page 51 a. Parental Consent and Waiver - Prior to affording individual student telecommunication access the Consent and Waiver form attached hereto as "Form A" must be signed by the student and parent(s) or guardian(s). b. Adult Consent and Waiver - Prior to affording individual adult telecommunication access the Adult Consent and Waiver form attached hereto as "Form B" must be signed by the adult. c. The school principal is responsible to insure that all students and employees that access the Internet have signed Consent and Waiver forms on file. Completed and signed student forms must be maintained in the school. Completed and signed Adult forms must be forwarded to the Department of Research and Technology where they are maintained. d. Students and adults who do not have a completed and signed Consent and Waiver form on file cannot access the Internet nor use the school local area network (LAN). Such persons are in violation of this policy and state policy 2460 and may have their privilege permanently revoked. C. Accountability and Responsibility 1. The use of telecommunications and/or access to the Internet is an extension of the teacher's responsibility in his/her class room, therefore, it is the teacher's responsibility to ensure classroom activities that utilize Internet related technologies focus on appropriate and specific learning goals and objectives. All student use of Internet related applications must be authorized by the teacher and monitored by the teacher or other supervising adult. Specific examples of unauthorized use include, but are not limited to: a. Executing non-educational gaming b. Creating, storing, sending, or viewing pornographic material c. Downloading, uploading, creating, disseminating and/or executing viruses d. Using e-mail user IDs other than one's own ID e. Misrepresenting an individual's identity or source of communication or data f. Illegally accessing or attempting to access another person's data or personal system files g. Corrupting, destroying, deleting, or manipulating system data with malicious intent h. Requesting that inappropriate material be transferred i. Violating safety and/or security measures when using e-mail, chat rooms, and other forms of direct electronic communications j. "Hacking" or any other unlawful online activities k. Disclosing, using, or disseminating personal information regarding minors 2. The use of telecommunications and/or access to the Internet is an extension of the students' responsibility in the classroom. A student code of conduct or set of responsibilities for the safety and acceptable use of telecommunications in the classroom is listed in the Parental Consent and Waiver Form (A). An adult code of conduct is contained in the Adult Consent and Waiver Form (B). 3. The use and administration of a network server for Internet connection within the county or school is the responsibility of the administrator or designee at the location of the server. It is their responsibility to ensure that all activities and/or functions of the server involve appropriate school district or school activities. All administrative functions and/or file maintenance to the server are the responsibility of the administrator or designee at that location. At no point should a student be given administrative responsibilities for a server with a wide-area network or Internet connection. 4. The WVDE and WVNET monitor e-mail accounts issued to the "access.k12.wv.us" server, which is administered by WVDE and WVNET. No "non-access.k12.wv.us" e-mail accounts may be housed on or used by students or employees via district or school equipment. 5. Because "Instant messaging" services from commercial vendors have been conduits for viruses and utilize bandwidth, their use is prohibited by all employees and students. 6. Audio and video streaming may only be used for instructional and administrative purposes. Audio and video streaming degrades bandwidth. Running either for extended periods for non-instructional or non-administrative purposes, especially if performed by several people in the same location, reduces the bandwidth available for instructional or administrative purposes. To insure the availability of the network, Internet, and WVEIS for instructional and

Berkeley County Schools’ Student Handbook 2010-2011 Page 52 administrative purposes, audio and video streaming for non-instructional and non- administrative purposes are prohibited. 7. Resources, including information obtained via searches on the internet and software housed on the school server and individual workstations are necessary for the business of the organization and for the educational purposes defined by the state and county boards of education. a. Reference and application software, including but not limited to, games, office suites, test practice, word processing, spreadsheet, database, presentation, and topical programs, must be adopted or approved by the state or county board of education or by the appropriate county-level administration. b. Only adopted or approved software can be installed on school or district hardware. c. Employees may request approval of software that has not been previously approved by the state or county. Request is made to the most relevant county-level department regarding whether the software meets the purpose for which it will be used and to the county department of technology regarding whether the software is compatible with the hardware on which it will be installed. d. Software may be installed temporarily for specific activities after a teacher or administrator has requested and received approval by the County Office of Curriculum and Instruction. 8. No county or school servers may be used for access to the internet in direct competition with Internet service providers or in conflict with federal, state and local guidelines for appropriate Internet access. 9. County server administrators are responsible for requesting domain names for county and school servers through the WVDE application process. County and school administrators of servers that receive domain names must follow all guidelines detailed as part of the application process, and all governing federal, state, and county laws, regulations, and policies. D. Web Publishing 1. Berkeley County Schools follows all Web Publishing procedures adopted and contained in West Virginia Policy 2460. 2. Berkeley County Schools maintains a District website housed within the Board of Education Office and administered by staff from the Department of Research and Technology. 3. All school facilities, offices and departments may submit prepared web pages for publication on the District site. The option to provide employee education pages (such as lessons, assignments, etc.) on the website is subject to annual review and may be limited or abolished. The Department of Research and Technology provides input and receives direction from county-wide technology committees. 4. The content of all pages housed on the district web server is limited to education pursuits directly and may not contain commercial advertising or links to commercial sites. Links to school business partners are allowed. Schools may place information related to school activities and school sponsored events and/or fund raising activities within the context of school calendar of events. 5. School information must be kept current by each school webmaster and forwarded to the district website. School data must include the school name, address, telephone number, fax number, administrative staff, faculty and service staff. An active e-mail address must appear on the school home page to allow contact from visitors to the various school web pages. 6. Using complete names for individual students and/or displaying any personal student data are not allowed. Photos of any/all individuals must first be cleared with those individuals before publishing the images on a webpage. 7. The individual school webmaster is responsible for maintaining up-to-date content, spelling, page links and images on their school webpage. All errors must be corrected by the individual school webmaster and forwarded for inclusion on the district website in a timely manner. The school principal is ultimately responsible for the content of all school web pages. 8. All district and school web pages must be accessible to the handicapped. It is the responsibility of the web page author/creator to verify the page(s) meets accessibility requirements.

Berkeley County Schools’ Student Handbook 2010-2011 Page 53 9. All district and school web pages must be accessible by the least sophisticated browser. The web page(s) author/creator is responsible for ensuring that this requirement is met. 10. The district webmaster is responsible for the installation, upgrade, maintenance, operation and organizational structure of the district website. The district webmaster may develop procedures and schedules regarding school webpage updates. The district webmaster may delegate any of these duties to other staff within the Department of Research and Technology and/or other district facilities. Procedures are available to facilitate updating school web pages via remote access and are employed to guard against damage to the site by hackers, viruses or other tampering. 11. Schools hosting weather servers and/or web servers must comply with Policy 2460 and the District Acceptable Use Policy, Section II.A, Web Publishing. District staff may provide assistance during the initial installation phase, however, normal operation, maintenance and content are the responsibility of the individual school/staff. E. Network Etiquette 1. Users are expected to abide by the generally accepted rules of network etiquette. These include, but are not limited to, the following: a. Be polite. Do not write or send abusive messages or attachments. b. Use appropriate language. Do not swear, use vulgarities or any other inappropriate language. c. Do not reveal the personal home address or phone number of students or colleagues. – Note that electronic mail (e-mail) is not private. Messages related to or in support of illegal activities may be reported to the authorities. d. Do not use the Internet in a way that would disrupt the use of the Internet by others (e.g., downloading huge files during prime time; sending mass e-mail messages; annoying other users) e. Periodically review files stored on a server and purge unneeded items. f. Unsubscribe from all listservs when unable to check e-mail for an extended period of time. III. Security A. Berkeley County Schools will employ any measure available to preserve the integrity of the district and school technology and Internet as available, dependable, and appropriate educational and administrative resources. To this end, the school system will install or otherwise make operational on all hardware applications that preserve and protect that hardware, all connected hardware and installed software. The school system will configure management and/or operating systems on any and all devices to destroy viruses or otherwise corrupting executable files, delete programs that are not state or county approved, and terminate and remove programs and applications that devour band-width. B. Users who identify a security problem on the system must notify a system administrator. Users must not demonstrate the problem to other users. Users must not use another individual's account or give their passwords to others. Attempts to log into the system as a system administrator will result in revocation of user privileges. Any user identified as a security risk or having a history of problems with other computer systems may be denied access. C. The WVDE is the proprietor of a class B license of Internet Protocol (IP) addresses. All addresses are assigned, maintained and managed by the WVDE. Any unauthorized use is strictly prohibited. IV. Vandalism A. Vandalism will result in revocation of user privileges. Vandalism is defined as any attempt to harm or destroy data of another user or any connections that are part of the Internet. This includes, but is not limited to, downloading, uploading, creating, disseminating and/or executing viruses. V. Safety A. Safety measures must be enforced to carry out policies at the state, county, and school to implement the intent of CIPA, N-CIPA and E-rate guidelines. B. The WVDE, county school system and schools, in partnership with WVNET and other appropriate state agencies, will organize technical protection measures to guard against visual depictions that are (1) obscene; (2) child pornography; or (3) harmful to minors or other material deemed locally to be "inappropriate for minors."

Berkeley County Schools’ Student Handbook 2010-2011 Page 54 C. The WVDE and WVNET operate the statewide infrastructure to provide Internet access for all Pre-K-12 public schools. In accordance with state purchasing guidelines, filtering will be installed at the state level at the two points of presence (POPs) for Internet access. This will provide filtering D. for all public schools in a cost effective manner and with efficient management. E. The County will also add other electronic filters as needed for equipment not included in V.C. F. Schools must enforce the use of the filtering or electronic technical protection measure during any use of the computers to access the Internet. G. Educators must monitor the online activities of minors as minors access the World Wide Web. All on-line activities must be for educational purposes approved by the school administrator or classroom teacher. VI. School Control - The principal of each school that affords students telecommunication network access shall cause accurate records to be maintained that include: A. A consent and waiver form signed by a parent or other responsible adult for each student or each adult who is afforded telecommunication access; B. All relevant passwords, codes, account numbers, etc., provided to such students or adults in connection with telecommunication access; C. The initiation and termination dates of individual student or adult telecommunication access; A copy of any school based policy related to Internet and/or other telecommunications systems. D. This information regarding use and consequences for failure to adhere to any acceptable use policies may be contained in the school's student handbook. VII. Termination of Access A. The principal of each school that affords students telecommunication access shall cause the termination of individual student access if a student graduates, transfers out of state, drops out of school, or violates the consent or waiver described in Section VI.A (Parental Consent and Waiver). B. The principal of each school that affords adults telecommunications access shall cause the termination of individual adult access if an adult resigns, retires, or otherwise discontinues employment, or violates the consent or waiver described in Section VI.B. C. The principal shall cause a monthly review of the students or adults who are afforded telecommunication access to insure that all appropriate termination of student or adult access has occurred. D. Termination of student access is for the duration of time the student is in public education, including kindergarten through twelfth grade, post-secondary institutions and institutions of higher education. Termination of adult access is for the time the adult is employed by any public education institution in West Virginia. E. Information regarding the termination of access will be provided to any public education institution in which the student may enroll or the adult may be employed in the future. VIII. In the event of any conflict with information contained in this document, or if any policy must be clarified, this document will rely on the content of State of West Virginia Policy 2460 for clarification.

Adoption dates: 11/05/01, 09/18/02

Berkeley County Schools’ Student Handbook 2010-2011 Page 55

Parental Consent and Waiver Form

The following form must be read and signed by you and your child.

• I will limit my use of telecommunications systems in school to the educational objectives approved by my teachers and/or school staff. • I will communicate only for educational purposes and only through the K - 12 address issued to me. • I will follow the rules on network etiquette. • I will not retrieve or send unethical, illegal, immoral, inappropriate or unacceptable information of any type, or use abusive language of any type. • I will not share my full name, home address or telephone number with another user for any purpose. • I understand that information received on-line is private property unless specified. I will not plagiarize information received in any form. I will adhere to all copyright laws. • I will not use another person's account or share my password with anyone else. • I will not attempt to by-pass the security built into the system, to gain access to any remote site through the process of "hacking", or to install unapproved software or executable files and I recognize that doing so will result in the immediate termination of my telecommunications privileges. • I will not interfere with or disrupt network users services or equipment. • I will not access areas on the Internet commonly referred to as “CHAT” rooms without active or direct supervision by a teacher and/or school staff. I understand that access to “CHAT” rooms may be banned by district or an individual school. • I will not use the Internet or other telecommunications systems to by and/or sell any items, goods or services of any kind for personal gain. • I will use the Internet or other telecommunications systems only with active or direct supervision by a teacher and/or school staff.

Berkeley County Schools will not be held responsible if the student participates in any of the aforementioned banned activities.

We have read the aforesaid consent and waiver for the use of Internet and/or other telecommunication systems in the classroom. We understand that this access is for only educational purposes; that any infraction will terminate user privileges and may result in further disciplinary action, including suspension from school.

We further agree to abide by the rules contained within State Policy 2460, the County Policy and my school's policy on Internet/Telecommunication whenever using District resources.

Student Name (Please Print)

Student Signature

Parent or Guardian (please print):

Parent or Guardian Signature: Date:

School Name:

Training - Date Completed Trainer's Initials

Berkeley County Schools’ Student Handbook 2010-2011 Page 56

Adult Consent and Waiver Form

The following form must be read and signed by adult users

• I will limit my use of telecommunications systems in school to the educational objectives approved by school staff or administration. • I will communicate only for educational purposes and only through the K-12 address or the WVEIS ID issued to me. • I will follow the rules on network etiquette. • I will not retrieve or send unethical, illegal, immoral, inappropriate or unacceptable information of any type, or use abusive language of any type. • I will not share the school name, address or telephone number with another user for any non-educational purposes. • I understand that information received on-line is private property, unless specified. I will not plagiarize information received in any form. I will adhere to all copyright laws. • I will not use another person’s account or share my password with anyone else. • I will not attempt to by-pass the security built into the system, to gain access to any remote site though the process of “hacking”, or to install unapproved software or executable files and I recognize that doing so will result in the immediate termination of my telecommunications privileges. • I will not interfere with or disrupt network users, services or equipment. • I will not access areas on the Internet commonly referred to as “CHAT” rooms for non- educational purposes. I understand that access to “CHAT” rooms may be banned by district or an individual school. • I will not use the telecommunications systems to buy and/or sell any items, goods or services of any kind for personal gain, but I may use the systems to conduct school related business, so long as I follow all established State/County/School financial procedures.

I have read the aforesaid consent and waiver for the use of Internet and/or other telecommunication systems in the classroom. I understand that this access is for only educational purposes; that any infraction will terminate user privileges and may result in further disciplinary action.

I further agree to abide by the rules contained within State Policy 2460, the County Policy and my school's policy on Internet/Telecommunication whenever using District resources.

Name (Please Print)

Signature Date:

School Name:

Berkeley County Schools’ Student Handbook 2010-2011 Page 57

School Nutrition

The Berkeley County School Food Services Department is committed to providing all children in our school with nutritionally balanced meals that are also appealing. Should you wish further information on the program or want to share some suggestions or comments, please feel free to call the School Nutrition Director at 304-267-3500.

BREAKFAST A balanced breakfast is provided for those students who do not eat breakfast at home. Breakfast is an important meal for growth as well as alertness.

LUNCH A well-balanced lunch is provided around the noon hour each day.

PACKED LUNCHES Parents may choose to prepare their child's lunches at home. Please be sure to pack a well-balanced, nutritious lunch. This is important to your child's success in afternoon classes and activities. Glass and metal containers should not be sent to school for safety reasons. All liquids should be put into plastic thermos containers and capped tightly. Students may purchase milk at school.

School meal prices are as follows:

Elementary Secondary Reduced Price Full Price Full Price Student Breakfast $1.10 $1.35 $0.30 Student Lunch $1.35 $1.60 $0.40 Single Extra Milk $0.25 $0.25

Adult Breakfast-Daily $3.00 $3.00 Adult Lunch - Daily $4.00 $4.00

(*Prices Subject To Change*)

REDUCED-PRICED MEALS AVAILABLE Parents are encouraged to apply for reduced or free meals at each school. Applications must be completed yearly. Notification (from the county child nutrition department) will be made after a determination of eligibility has been established.

BILLING PROCEDURE Bills are generated and mailed by the 10th of each school month (for the previous month's charges). Payment is due within 10 business days. Failure to pay account balances could result in the loss of charging privileges and possible legal action.

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PARENTS, TEACHERS, SCHOOL STORES, & VENDING

(Does It Meet Standards?) (Revised November, 2008)

Schools are responsible for providing opportunities to learn healthy lifestyles, including good nutrition. Students learn these "lessons" not only from teachers and textbooks, but also from their experiences at school. These include experiences with foods sold as snacks, served for school lunch and breakfast, served at parties, and used in classroom activities.

Schools that offer nutritious foods encourage students to make healthy choices. To help identify these foods, nutrition standards have been established by the Berkeley County Board of Education Wellness Policy and West Virginia State Board of Education Policy 4321.1 for all foods sold and served or used during the school day and after school. To decide whether foods or recipes may be served or used at school, ask these questions:

• Does it contain more than 200 calories per serving? • Is it candy, soft drinks, chewing gum or flavored ice bars (popsicles)? • Does it contain more than 8 grams of fat per ounce (1 ounce = 28.35 gm) and more than 30% of calories from fat? • Does it contain 10% or more of calories from saturated fat? • Does it have more than 0.5 grams trans fat? • Does it have more than 200 milligrams sodium? • Is it a beverage other than low-fat or skim milk, pure drinking water with no additives, or fruit juice? • Is it a fruit or vegetable drink with less than 100% real juice? • Does it contain more than 35% of calories from sugar? • Does the food contain an artificial sweetener? • Is the food or beverage a home-prepared item?

If the answer is YES to any of these questions, the food should not be served or used. (Reading a food label will help answer these questions. For help in determining whether a food item is allowable see sample).

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Parents, Teachers, School Stores and Vending Machines Guidelines

(To evaluate the nutritional quality of foods to be served or sold in all Berkeley County schools, use this as a guide.)

• Check serving size (weight may be in oz. or g.) To convert ounces to grams, multiply ounces by 28.35 grams.

• Check to make certain the calories/serving is 200 calories or less

• Check to make certain the gm. of fat is 8 g/oz. or less in a serving and no more than 30% of calories from fat (Example: 1.5 g. in 14 g. (1/2 oz.) and 1.5 g x 9 calories/g. of fat = 13.5 calories from fat. Divide 13.5 by 60 calories = 23% of calories from fat. This step is a little complicated!)

• Check that the saturated fat is less than 10% of total calories. Multiply .10 x number of calories per serving. See if the saturated fat is less than this amount. (Example: 60 calories x .10 = 6. The saturated fat is 0. This one is easy.)

• Check that the trans fat is less than or equal to .5 g. per product.

• Check that the sodium is no more than 200 mg. per product.

• Check to make certain there is less than 35% of calories from sugar. Multiply grams of sugar by 4 calories. Then divide that number by total calories. (Example: 0 g. x 4 calories = 0 calories. 0 divided by 60 calories = 0 = 0% calories from sugar) Another example, but not this product, would be if there were 5 grams of sugar x 4 calories = 20 calories from sugar or 20 divided by 60 = .33 or 33% of calories from sugar.

This product (crackers) would be allowable according to the information on the label!!!

In addition, limit portion sizes of foods and beverages to:

1 ¼ oz. for chips, crackers, popcorn, cereal, trail mix, nuts, seeds, dried fruit, or jerky; 1 oz. for cookies; 2 oz. for cereal bar, granola type bars, pastries, muffins, doughnuts, bagels, and other bakery items; 4 fluid ounces for frozen desserts, including, but not limited to low-fat or fat-free ice cream; 8 ounces for frozen yogurt; 8 ounces for 100% juices (secondary schools) and 4 ounces 100% juices (elementary); 12 fluid ounces for lowfat and skim milk (flavored or unflavored).

Any size is permissible for water. Water must be pure drinking water without any additives.

***Only manufacturer-sealed foods/beverages and fruits in their own washed peels are allowed due to food safety concerns and special dietary needs.

Revised --- November 2008

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TRANSPORTATION

STUDENT CONDUCT ON BUSES The Berkeley County Board of Education is responsible for implementing a Code of Conduct for students while they are being transported to and from school. The purpose of this student code of conduct is to provide regulations governing the behavior of students while on the bus. This code sets forth appropriate standards for student behavior.

STUDENT BUS REGULATIONS 1. State regulations are found in the State Transportation Handbook. 2. A copy of these regulations shall be posted in a prominent place in each school bus. 3. While maintaining order on the bus is primarily and directly the responsibility of the bus operator, the school principal may assist in the shared responsibility. 4. It is the responsibility of the school to instruct transported students regarding rules and regulations governing transportation, and each classroom teacher shall be expected to complete this instruction throughout the school year. 5. The following quotation from the State Department of Education makes clear the responsibility of the school: "Principals, teachers, and bus operators are required to educate pupils in how to deport themselves safely. At the beginning of each term, each teacher shall assume the responsibility for explaining rules relating to transportation. Pupils may be quizzed to determine that everyone understands the rules." 6. At the beginning of the school year, a copy of rules and regulations will be published in all school handbooks. The bottom portion of the student Bus Regulations will be signed by the parent and must be returned to the driver within three (3) school days.

The rules will be published as follows: A. The bus operator is in charge of the bus and passengers. Passengers must obey the operator. B. Be courteous, use no profane or obscene language or gestures. C. Do not eat, drink or chew gum on the bus. D. Keep the bus clean. E. Controlled substances and tobacco products are prohibited on the bus. F. Do not be destructive. G. Stay in your seats at all times. H. Keep head, hands and feet inside bus at all times. I. Bus operator is required to assign seats. J. No glass bottles or aerosol cans. K. All band instruments must be encased and be able to be held on the student's lap. L. Skateboards, animals and toys are prohibited on school buses. M. Be at the designated bus stop 3-5 minutes prior to bus arrival.

7. If a student violates any of the posted rules, he or she will be given a verbal warning. The second time the student violates a rule, he or she will be given a "Warning Letter" to take home to be signed by the parent/guardian and returned to the driver the next day the student rides the bus. The third time a student violates a rule, he or she will be given a "Bus Conduct Report", indicating 2 - 5 days suspension from riding the bus. The white copy of the "Bus Conduct Report", indicating the offense, will be sent home to the parent/guardian via the student. The blue copy will be given to the principal, the pink copy will be given to the Transportation Department, and the yellow copy will stay with the driver. 8. A Major Infraction will result in a mandatory suspension of three (3) to ten (10) days from riding the bus. No verbal or written warning will be given. Only Bus Operator signature required. When a major infraction occurs, the bus operator will fill out a "Bus Conduct Report" indicating the major infraction(s). The report will be signed by the bus operator and the white copy sent home to the

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parent/guardian via the student. The blue copy will be given to the principal, the pink copy will be given to the Transportation Department and the yellow copy will stay with the driver. EXAMPLES OF MAJOR INFRACTIONS • Possession of a weapon or knife • Possession of a controlled substance • Using derogatory and/or profane language to driver • Possession of sharp objects • Fighting with another student or excessive physical contact with another student • Cutting bus seats, possession of a lighter, property damage • Threatening a driver verbally or physically • Failure to give correct name

9. When the student has been suspended for three (3) violations of any of the Student Bus Regulations, it will result in a meeting with parent, student, bus operator, and administrative staff member. Conference must be held within the time frame of suspension at the school and/or Board of Education Office. 10. Students who continue to violate the Student Bus Regulations and/or are an endangerment to other students, will be recommended by the Director of Transportation to the Berkeley County Board of Education for expulsion from the bus. 11. Any student suspended from their regular bus will be suspended from riding ANY other bus to or from school.

BUS STOPS The Department of Transportation will designate bus stops for the pick-up and discharge of passengers in accordance with West Virginia school transportation regulations. 1. Bus operators will pick-up and discharge passengers only at their designated stop(s). 2. If a student is to ride a different bus and/or picked up or discharged at an alternate established bus stop, the bus operator must be provided with a note from the parent which has been signed by the school principal. 3. An adult should be designated the responsibility of meeting the bus every day to accept responsibility for younger children. 4. Designated bus stops are limited to a primary (home) and one secondary stop in the same school district. Transportation to any additional sites will be the responsibility of the parent. 5. Transportation is not provided for students who choose to attend a school outside their own district.

SCHOOL BUS SAFETY GUIDELINES Parents 1. Dress your child in brightly colored clothing that drivers can see easily; 2. Provide a book bag or backpack to carry books and notes; 3. Clip or trim drawstrings of coats, book bags, and backpacks to avoid catching in door closing. 4. Have an alternative plan for your child in the event of weather-delayed openings or early closings - let your driver know if your child is to be picked up or dropped off at a different spot (note must be approved and signed by principal prior to giving to bus driver). 5. Teach your child to take 3 steps away from the bus and 10 steps forward before crossing in front of the bus-, 6. As a driver and a parent, drive carefully and obey all school bus signals. Students 1. Obey all school bus rules and driver's instructions the first time; 2. Wait for the driver's signal BEFORE crossing in front of the bus; 3. If you drop a book or paper, check for traffic before stopping to pick it up; 4. Always check for traffic yourself before crossing; 5. Cross in FRONT of the bus; do not go near the BACK of the bus; 6. Don't push or shove at the bus stop or on the bus; 7. Keep everything - arms, heads, papers, etc., inside bus.

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GENERAL INFORMATION AND PROCEDURES

The Berkeley County Schools provide programs and activities for all students. The schools do not discriminate on the basis of sex, religion, race, age, national origin, size, handicapping conditions, or color.

GUIDANCE PROGRAM The Guidance Program is intended to promote positive self-concepts and increase awareness of behavior and positive peer relationships among students. Other areas the Guidance Counselor may explore with students include: Student responsibility, interpersonal relationships, decision-making skills, and career planning. Students may also be assisted in solving a variety of school or daily life problems they encounter on a daily basis as they grow up.

Parents are invited to contact the Guidance Counselor regarding any student related concerns. The Guidance Counselor is willing to work with you to help a student get through a difficult time or over a particular behavioral concern. Feel free to call the school and request an appointment.

DROP OUT PREVENTION PROGRAM Each school's School Assistance Team (SAT) coordinates the Drop-Out Prevention Program. Much of the effort focuses on early identification of potential dropouts. Students who lose interest in school or “turn off” are identified early by the teacher who will then work with the Guidance Counselor to provide alternatives for these students to help them get back on track. The Berkeley County School System is focusing on alternative methods to reach these students and to provide them the complete K - 12 education that will help them acquire skills to become productive, sound citizens.

SPECIAL EDUCATION REFERRAL PROCESS Any parent or teacher may refer a student for consideration in areas of exceptionalities. Referrals may be presented to the School Assistance Team (SAT) or the Principal. Each referral is reviewed on an individual basis and the appropriate action recommended by the committee will be discussed with the parent.

Special Education Programs include: Programs for students with developmental delay, specific learning disabilities, mental impairment autism, communications disorders, visual impairments, emotional/behavior disorders, hearing impairments, and programs for the gifted child.

STUDENT RIGHTS Student's rights and freedoms are respected in all school policies and activities. Parents may review the information contained in the handbook in the school office. Remember ... student's rights do not end at the schoolhouse door, but are an integral part of their lives.

CHILD ABUSE AND NEGLECT West Virginia State Law requires teachers to report suspected cases of child abuse or neglect. The law further protects the teacher against liability for referring such cases in good faith

PARENT LIABILITY West Virginia State Law states that parents shall be held responsible for damage caused by their children on public or private property for amounts up to $2,500.

CITIZEN'S APPEAL The Citizen's Appeal Process provides a way for citizens to work with County Boards of Education and school employees in seeking solutions to problems. This procedure provides a specific method for solving problems at the lowest administrative level as fairly and quickly as possible.

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Forms and instructions for filing appeals may be obtained from the School Principal. Citizens are reminded that each Board Meeting of the Berkeley County Board of Education has a scheduled Citizen's Forum at which time citizens may address the Board Members on school-related issues. Regularly scheduled Board meetings are held on the first and third Monday of each month.

PUBLIC ACCESS TO INFORMATION Any citizen may review Board of Education Policies and Administrative Regulations either at the school or at the County Board Office, 401 South Queen Street, Martinsburg. Comments are always received from school employees and the public prior to the adoption of any new policy.

State school law may be reviewed by reading School Laws of West Virginia, which is available at the schools, the Public Library and the Central Office. You may contact the Principal if you have any questions concerning the school or the School System.

PROCEDURE FOR REQUESTING SIGN LANGUAGE INTERPRETER

SECTION 1 - GENERAL STATEMENT The Berkeley County Board of Education (hereinafter "the District") does not discriminate on the basis of sex, race, color, religion, disability, age and national origin in employment and in the administration of any of its education programs and activities. The District will provide qualified sign language interpreters to persons with disabilities who require sign language for equal participation in District programs or activities or for effective communication with others.

SECTION 2 - PURPOSE

The purpose of this procedure is to provide uniform guidelines for school officials to follow when a sign language interpreter is requested for school programs or activities or for effective communication with others at District activities or programs.

SECTION 3 - GUIDELINES FOR REQUESTING SIGN LANGUAGE INTERPRETER The Berkeley County Board of Education uses Deafnet, Inc. to provide qualified sign language interpreters. All staff members, students, parents and members of the public may obtain a qualified sign language interpreter for District activities by contacting the school principal or director hosting the activity.

Requests for sign language interpreters should be made at least 24 hours prior to the District activity', however, emergency assignments (less than 24 hours notice) are also available.

All school principals and directors are authorized to call Deafnet directly at (301) 791-9025 to obtain a sign language interpreter.

All school principals and directors must provide the Director of Legal Services with a list of requests for sign language interpreters during the school year, dates of requests and a statement whether a qualified sign language interpreter was provided and a description of the interpreter's qualifications. If one was not provided, the school principal or director will indicate why not.

Protecting the Privacy of Student Information Notification of Rights under FERPA The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. These rights are:

(1) The right to inspect and review the student's education records within 45 days of the day the School receives a request for access. Parents or eligible students should submit to the School principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The School official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

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(2) The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate. Parents or eligible students may ask the School to amend a record that they believe is inaccurate. They should write the School principal (or appropriate school official), clearly identify the part of the record they want changed, and specify why it is inaccurate. If the School decides not to amend the record as requested by the parent or eligible student, the School will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

(3) The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the School as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the School has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

Upon request, the School discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. Berkeley County Schools will forward such records on request

(4) The right to file a complaint with the U.S. Department of Education concerning alleged failure by Berkeley County Schools to comply with the requirements of FERPA.

The name and address of the Office that administers FERPA are:

Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-5901

Notice for Directory Information FERPA requires that Berkeley County Schools, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. However, Berkeley County Schools may disclose appropriately designated "directory information" without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the Berkeley County Schools to include this type of information from your child's education records in certain school publications. Examples include:

• A playbill, showing your student's role in a drama production; • The annual yearbook; • Honor roll or other recognition lists; • Graduation programs; and • Sports activity sheets, such as for wrestling, showing weight and height of team members.

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent's prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories - names, addresses and telephone listings - unless

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parents have advised the LEA that they do not want their student's information disclosed without their prior written consent

If you do not want Berkeley County Schools to disclose directory information from your child's education records without your prior written consent, you must notify the District in writing by October 1. Berkeley County Schools has designated the following information as directory information:

• Student's name • Participation in officially recognized activities and sports • Address • Telephone listing • Weight and height of members of athletic teams • Electronic mail address • Photograph • Degrees, honors, and awards received • Date and place of birth • Major field of study • Dates of attendance • Grade level • The most recent educational agency or institution attended

NOTIFICATION OF RIGHTS UNDER THE PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA) PPRA affords parents and students who are 18 or emancipated minors ("eligible students") certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:

• Consent before students are required to submit to a survey that concerns one or more of the following protected areas ("protected information survey") if the survey is funded in whole or in part by a program of the U.S. Department of Education

1. Political affiliations or beliefs of the student or student's parent; 2. Mental or psychological problems of the student or student's family; 3. Sex behavior or attitudes; 4. Illegal, anti-social, self-incriminating, or demeaning behavior; 5. Critical appraisals of others with whom respondents have close family relationships; 6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers; 7. Religious practices, affiliations, or beliefs of the student or parents; or 8. Income, other than as required by law to determine program eligibility.

• Receive notice and an opportunity to opt a student out of -

1. Any other protected information survey, regardless of funding; 2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; 3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.

• Inspect, upon request and before administration or use -

1. Protected information surveys of students', 2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and 3. Instructional material used as part of the educational curriculum.

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Berkeley County Schools will develop and adopt policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. The School District will directly notify parents and eligible students of these policies at least annually at the start of each school year and after any substantive changes. Berkeley County Schools will also directly notify parents and eligible students, such as through U.S. Mail or email, at least annually at the start of each school year of the specific or approximate dates of the following activities, if any are to be conducted, and provide an opportunity to opt a student out of participating in:

• Collection, disclosure, or use of personal information for marketing sales or other distribution. • Administration of any protected information survey not funded in whole or in part by the U.S. Department of Education. • Any non-emergency, invasive physical examination or screening as described above.

Parents/eligible students who believe their rights have been violated may file a complaint with:

Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-4605 FIELD TRIP PREPARATION AND CHAPERONE PROCEDURES

These procedures are intended to serve as a basic guide for individuals who will serve as chaperones for Berkeley County Schools. Prior to the trip, it is the responsibility of the supervising teacher to inform all chaperones as to all pertinent information. The teacher will discuss in detail these guidelines and give a copy to each chaperone prior to departure. This should include but is not limited to the following:

• Health and safety issues • Supervisory responsibilities • Emergency procedures • Taking roll • Trip itinerary • Trip goals • Any other information specific to the health, safety, and welfare of the students in their charge • Appropriate permission and insurance forms, completed prior to the trip

Note: All chaperones must be approved by the Berkeley County Board of Education prior to any trip.

The chaperones' responsibilities include the following:

• Be identified and be introduced to the students by the teacher. • Understand the trip agenda and objectives. • Understand that students assigned to chaperones are their responsibility for the full time and the complete tour. Students must stay with the chaperone. The teacher will provide a list of student's names to chaperones. • Do not let students "go off on their own." Students are to be with chaperones for the entire assigned time. • All school rules apply. Any violations must be referred to the teacher immediately. Please review your child's Student Handbook prior to the trip. • Stay on schedule. Be aware of deadlines, locations and times. • At most sites security people are available. If anyone in your group encounters problems, immediately notify security personnel. Then notify the supervising teacher. • School personnel will provide specialized training to chaperones volunteering for any field trip requiring an overnight stay. (Chaperones should be aware that Berkeley County Drug Free

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Workplace Policy and Tobacco Policy are in effect on school business.) Use of tobacco products, alcoholic beverages, or controlled substances are not permitted during any school-related activity.

*It is the responsibility of the school principal to schedule the training for chaperones through the Department of Legal Services prior to any field trip which requires an overnight stay.

NOTIFICATION OF MANAGEMENT PLAN Some schools in Berkeley County contain asbestos containing building materials. A management plan has been developed and a copy of this plan is located at each school where asbestos is contained. A copy is also available at the Maintenance Department, 728 South Raleigh Street, Martinsburg, WV 25401. Questions concerning this issue should be directed to Don Mitchell, Director of Maintenance at (304) 267-3519.

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COMMUNICATING SCHOOL INFORMATION

BERKELEY COUNTY SCHOOLS’ ONLINE COMMUNICATIONS Communication is essential to the success of Berkeley County Schools. In a continuing effort to keep parents informed, the school system will utilize the following: • Alerts on county website www.berkeleycountyschools.org • NTouch messages through email, voice and text messages to NTouch users. To subscribe to the service go to the county website, choose NTouch among the tabs at the top of the menu files and select “new user sign up now” on the first page. • Facebook and Twitter postings • Beginning in third grade teachers use Edline, an online grading system, to provide parents with grade information.

WEATHER DELAYED OPENINGS AND EARLY CLOSINGS During inclement weather, please check local media, the county website, or your NTouch messages (if you have subscribed) concerning the status of school closings or delayed openings. Do not call the school or the Board of Education Office as these lines must be kept free for emergency communications and for administrative use.

It is most important that every family have a contingency plan for children in the case of early closings or delayed openings if no one is home at the time the students return or leave. When school has been delayed, students should not arrive at the school earlier than the announced opening time since school staff may also be arriving late. When school is dismissed early, it is the parent's responsibility to inform children as to where they should go. Check the website www.berkeleycountyschools.org for up to date information about closings and delays.

Media sources covering school closings and delays are:

CHANNEL 19 on local Comcast Cable WEPM 1340 AM Radio WRNR 740 AM Radio WLTF 97.5 FM Radio WXVA 98.3 FM Radio CBS WUSA 9 NBC WASH 4 WHAG TV 25 ABC 7 WJLA FOX 5 WTTG The Journal Herald Mail WINC 92.5 FM Radio WWEG 106.9 FM Radio WVEP 88.9 FM Radio Q102 102.5 FM Radio

ACCESSING SCHOOL ACTIVITIES Parents are encouraged to be involved with their children's education. In addition to communications from each school, the Communications Department provides several resources to disseminate information. These include:

• Channel 19 – Comcast Cable channel • NTouch E-newsletters • NTouch Notices • School NTouch E-newsletters and notices • www.berkeleycountyschools.org county event calendar • Annual Parent Planner • www.berkeleycountyschools.org announcements, news and features sections

For more information regarding school activities, contact the Communications Department at (304) 267- 3588 or email by [email protected]

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Berkeley County Schools Title I District-Wide Parental Involvement Policy

GENERAL EXPECTATIONS

Berkeley County Schools agrees to implement the following statutory requirements:

• The school district will put into operation programs, activities and procedures for the involvement of parents in all of its schools with Title 1, Part A programs, consistent with section 1118 of the Elementary and Secondary Education Act (ESEA). Those programs, activities and procedures will be planned and operated with meaningful consultation with parents of participating children. • Consistent with section 1118, the school district will work with its schools to ensure that the required school-level parental involvement policies meet the requirements of section 1118(b) of the ESEA, and each include, as a component, a school-parent compact consistent with section 1118(d) of the ESEA. • The school district will incorporate this district wide parental involvement policy into its LEA plan developed under section 1112 of the ESEA. • In carrying out the Title 1, Part A parental involvement requirements, to the extent practicable, the school district and its schools will provide full opportunities for the participation of parents with limited English proficiency, parents with disabilities, and parents of migratory children, including providing information and school reports required under section 1111 of the ESEA in an understandable and uniform format and, including alternative formats upon request, and, to the extent practicable, in a language parents understand. • If the LEA plan for Title 1, Part A, developed under section 1112 of the ESEA, is not satisfactory to the parents of participating children, the school district will submit any parent comments with the plan when the school district submits the plan to the State Department of Education. • The school district will involve the parents of children served in Title 1, Part A schools in decisions about how the 1 percent of Title 1, Part A funds reserved for parental involvement is spent, and will ensure that not less than 95 percent of the one percent reserved goes directly to the schools. • The school district will be governed by the following statutory definition of parental involvement, and expects that its Title I schools will carry out programs, activities and procedures in accordance with this definition:

Parental involvement means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring

A. that parents play an integral role in assisting their child's learning; B. that parents are encouraged to be actively involved in their child's education at school; C. that parents are full partners in their child's education and are included, as appropriate, in decision-making and on advisory committees to assist in the education of their child;

D. the carrying out of other activities, such as those described in section 1118 of the ESEA.'

• (For States where a Parental Information and Resource Center is established) The school district will inform parents and parental organizations of the purpose and existence of the Parental Information and Resource Center in the State.

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Implementation of District Wide Parental Involvement Policy Components

1. Berkeley County Schools will take the following actions to involve parents in the joint development of its district wide parental involvement plan under section 1112 of the ESEA: • Establish a District Advisory Committee • Conduct an annual meeting for the District Advisory Committee 2. Berkeley County Schools will take the following actions to involve parents in the process of school review and improvement under section 1116 of the ESEA: • Establish School Support Teams that include: teachers, principal, parents and others in the community • Conduct School Support Team Meetings as necessary to revise the five (5) year plan 3. Berkeley County Schools will provide the following necessary coordination, technical assistance, and other support to assist Title 1, Part A schools in planning and implementing effective parental involvement activities to improve student academic achievement and school performance: • Attend Title I Parent Advisory meetings as requested • Provide trainings on related parent involvement topics as requested 4. Berkeley County Schools will coordinate and integrate parental involvement strategies in Part A with parental involvement strategies under the following other programs: Head Start and Pre-K: • Provide parents/children transitioning tours • Hold informational meetings • Conduct open enrollment collaboratively with Kindergarten Registration 5. Berkeley County Schools will take the following actions to conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of this parental involvement policy in improving the quality of its Title 1, Part A schools. The evaluation will include identifying barriers to greater participation by parents in parental involvement activities (with particular attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background). The school district will use the findings of the evaluation about its parental involvement policy and activities to design strategies for more effective parental involvement, and to revise, if necessary (and with the involvement of parents) its parental involvement policies. • District Advisory Members will generate survey questions • Title I Office/Schools will distribute parent survey • Results will be collected and distributed to schools • Schools will use data to plan parent trainings

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Building Capacity for Involvement

To ensure effective involvement of parents and to support a partnership among the school, parents, and the community to improve student achievement, each school

1.) Shall provide assistance to participating parents in such areas as understanding such topics as the State's content standards and objectives, State student academic achievement standards, State and local academic assessments, how to monitor a child's progress and work with educators to improve the achievement of their children. Our schools provide assistance to the parents of our students in understanding the West Virginia Content Standards and Objectives and the State student performance assessment, WESTEST, by providing informative programs during open house activities, parent teacher conferences, parent trainings, and newsletters to the home. Smaller workshops are held throughout the year that includes these topics and other topics that help parents develop skills to monitor their child's progress. Berkeley County solicits ideas that will help our programs better meet the needs of child and home. All parents are invited to our Local School Improvement Council (LSIC) meetings, and are encouraged to serve as a member of this committee.

2.) Shall provide materials and training to help parents work with their children to improve children's achievement, such as: literacy training, technology usage, and activities/strategies for parents to use at home with their children. Parents are provided information regarding Adult Basic Education and GED programs via newsletters and flyers distributed at least 3 times yearly and free of charge. The programs are a self-paced endeavor, are ongoing, and can be initiated by the adult at any time. Berkeley County has an instructional resource center that is open from 9:30-5 p.m. Monday through Friday. Parents, parents who home school, private and public school teachers are all welcome to use/check out the materials and resources provided free of charge. Technology training would be provided to a parent upon request. Berkeley County's Adult and Community Education and the James Rumsey Institute offer several ability levels of technology training at modest prices. Berkeley County's web page provides parents with information regarding the district, linkages to every school, and a direct link to the WVDE web page. Parents can then secure whatever level of information they desire regarding standards, student achievement, policy, No Child Left Behind, Special Education, Due Process information, etc. The Title I teacher works with parents regarding issues of specific interest to them, and provides materials and checkout equipment as appropriate. Participation in this offering has been very good, and utilized by many parents.

3.) Shall educate teachers, pupil services personnel, principals and other staff, with the assistance of parents, in the value and utility of contributions of parents, and in how to reach out to, communicate with, and work with parents as equal partners, implement and coordinate parent programs, and build ties between home and school; Trainings to help parents work with their children to improve their child's achievement will be offered at PTO meetings, parent-teacher conferences, and workshops conducted throughout the year by the school and/or the Title I program. The Local School Improvement Council, PTO, various staff development trainings, and initiatives sponsored throughout the year will focus on educating all school staff of the importance of parents in their child's education, focus on the importance of and the various methods to reach out to, communicate with, and develop working partnerships between the parents and the school.

4.) Shall, to the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities with Head Start; Reading First, Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, and Parents as Teachers Program, and public preschool and other programs, and conduct other activities such as parent resource centers, that encourage and support parents in more fully participating in the education of their children. The following are on a committee charting the West Virginia Preschool program for our community. Berkeley County's Deputy-Assistant Superintendent of Instruction, Directors of Research and

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Technology, Federal Programs, Instruction and Special Education: RESA VIII Head Start: Department of Health and Human Resources, parents, and private daycare providers. (Our community has no public day care providers.) As this initiative continues to develop and expand, all agencies will continue to coordinate student and parent activities. The school guidance counselor, school health nurse, PTO, Head Start, and other local agencies work in concert to impact child development, parenting, nutrition, and immunization information to parents via radio talk shows, newspaper inserts, kindergarten registrations, parent meetings, workshops, or trainings. Age appropriate child development issues/discipline/attitudes are discussed. Effort will be exerted to have the parents determine the topics of workshops as these trainings are for the parent(s) to help them satisfactorily resolve parent-child (and/or school) issues.

5.) Shall ensure that information related to school and parent programs, meetings, and other activities is sent home to the parents of participating children in a language the parents can understand; Berkeley County makes a concerted effort to provide translation services of key documents. Student handbooks, notification of ESL services and Title I services, free & reduced meal applications, etc., are provided to the parents in an appropriate language. While the bulk of our limited English proficient population is Hispanic, many other languages are also present. If written translation services cannot be provided, an individual who can converse in the person's native language will be located to assist. For a sensitive situation that written correspondence is inappropriate, an individual will either accompany school personnel to a home/school visit or make a visit on behalf of the school system. Reasonable notification is required to secure translation services, but every effort is made to accommodate immediate concerns (such as a child being suspended from school, head lice, etc.) This procedure has been utilized for several years and works well in our community.

6.) Shall provide such other reasonable support for parental involvement activities under this section as parents may request. Parents of Title I participants shall be provided. • timely notification of their child's selection for participation in the Title I program • their right to request information regarding their child's teacher that at a minimum would include: compliance with state licensure and certification for grade level and subject areas in which the teacher provides instruction; if the teacher is teaching under waived certification licensing criteria; overall college degrees and certifications; and, if the child is receiving services by a paraprofessional, and if so, their qualifications. • timely information about the Title I program • school performance profiles • their child's individual student assessment results (including an interpretation of such results) • a description and explanation of the school's curriculum • the forms of assessment used to measure student progress • student proficiency levels. Title I provides additional funding for the development of activities that are expected to substantially benefit the parents of Title I students. It is requested by the LEA that such activities should either contribute to the enhancement of parenting skills, or contribute to building the parent's skills as a home educator. Title I parents, in conjunction with school personnel, jointly target topics/activities for development/presentation.

ADOPTION This District wide Parental Involvement Policy has been developed jointly with, and agreed on with, parents of children participating in Title 1, Part A programs, as evidenced by annual District Wide Parent Advisory Committee. This policy was adopted by the Berkeley County Schools Parent District Advisory Committee and will be in effect for the period of one year. The school district will distribute this policy to all parents of participating Title 1, Part A children on or before September 15, 2009.

Revised March 24, 2010

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BERKELEY COUNTY FILE: JGG STUDENTS STUDENT CODE OF CONDUCT I. General A. Scope – The rule sets the requirements for the conduct of students in Berkeley County Schools in order to assure a nurturing and orderly, safe, drug-free, violence and harassment-free learning environment that supports student academic achievement and personal-social development. B. Authority – WV Constitution, Article XII, §2, and WV Code §§16-9A-4, 16-9A-9, 17A1-1, 18-2-5, 18-2-5a, 18-2-7b, 18-2C-1 et seq., 18-2-9, 18-2-33, 18-5-1, 18-5-13,18-16-1, 18A-1-1, 18A-5-1, 18A-5-1a, 60A-1-101, 61-2-15, 61-7-2, 61-7-11a, and 60A-7-11a. II. Purpose A. The Berkeley County Board of Education recognizes the need for students, teachers, administrators, and other personnel to have a nurturing and orderly, safe, and stimulating education environment. The purpose of these regulations is to provide Berkeley County Schools with a policy of student conduct that will ensure an orderly and safe environment that is conducive to learning. These regulations also require that Berkeley County Schools respond immediately and consistently to incidents of harassment, intimidation, bullying, substance abuse and/or violence or other Student Code of conduct violations in a manner that effectively deters future incidents and affirms respect for individuals. Berkeley County Schools must create, encourage, and maintain a safe, drug-free, and fear-free school environment in the classroom, on the playground, and at school-sponsored activities. Assuring such an educational environment requires a comprehensive program supported by everyone in the school organization, as well as parents/guardians, and the community. Any form of harassment, intimidation, bullying, substance abuse, violence, or other policy violation is unacceptable in Berkeley County Schools. B. Berkeley County Schools plans to implement this policy by conducting, but not limited to: various staff development sessions; student instruction; student/parent notification; media; and internet, in order to help implement and inform individuals. III. Student Code of Conduct A. All students enrolled in Berkeley County public schools shall behave in a safe manner that promotes a school environment that is nurturing, orderly, safe, and conducive to learning and personal-social development. B. Students will help create an atmosphere free from bullying, intimidation and harassment. C. Students will demonstrate honesty and trustworthiness. D. Students will treat others with respect, deal peacefully with anger, use good manners and be considerate of the feelings of others. E. Students will demonstrate responsibility, use self-control and be self-disciplined. F. Student will demonstrate fairness, play by the rules, and will not take advantage of others. G. Students will demonstrate compassion and caring. H. Students will demonstrate good citizenship by obeying laws and rules, respecting authority, and by cooperating with others. IV. Application – All students shall be subject to the provisions of the Student Code of Conduct in the following circumstances. A. These regulations apply to all students attending Berkeley County Schools during any education- sponsored event, whether in a classroom, elsewhere on school premises, on a school bus or other vehicle used for a school related event, or at a school-sponsored activity or event, whether of not it is held on school premises, in a building or other property used or operated by a county board of education, Regional Education Service Agency (RESA) or West Virginia Department of Education, or in another facility being used by any of those agencies. B. Students who do not behave in a manner that promotes a nurturing, orderly, safe environment conducive to learning will be subject to the responses to violations as outlined in Violations of Student Code of Conduct. C. This policy does not supercede any rights granted to special education students by federal or state law or other West Virginia Board of Education policy. V. Implementation and Education Program

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A. Each school will develop and implement staff development sessions for all faculty and staff on these regulations and on means for effectively promoting the goal of this policy. Each school will develop at least a 30-minute student instructional program on these regulations and their goals, and teach these each year. 1. In grades K – 5 (elementary school), all objectives of Section VII of this policy will be integrated in the developmental guidance and counseling program as well as related social studies standards. 2. In grades 6 – 8 (middle school), the objectives of Section VII of this policy will be integrated in the developmental guidance and counseling program, as well as related social studies standards and related arts program, i.e., physical education, health education, and/or any designated class period. 3. In grades 9 – 12 (high school) and adult programs, all objectives of Section VII of this policy will be integrated in the developmental guidance and counseling program, as well as homerooms and/or any designated class period. VI. Attendance A. See Berkeley County File: JB VII. Violations of the Student Code of Conduct – This policy classifies student violations of the Student Code of Conduct in four levels and provided this reclassification assures that the treatment of violations is consistent with WV Code. WV Code requires that the principal shall suspend a student who commits a violation classified as a Level IV in this policy. Level III and IV violations are to be referred directly to the appropriate building administrator because of the serious and/or unlawful nature of the misconduct. A. Level I 1. Violations a. Anti-Social Conduct. A student will not orally, in writing, electronically, or with photographs or drawings, direct profanity or insulting, obscene gestures toward another student that cause embarrassment, discomfort, or a reluctance to participate in school activities. b. Cheating/Academic Misconduct. A student will not plagiarize, cheat, or gain unauthorized access to, or tamper with educational material including falsifying school passes, notes or excuses. The response to violations under this section may include academic sanctions in addition to other discipline. c. Disorderly Conduct. A student will not harass another student or other person or misbehave in a manner that causes disruption or obstruction to the education process. Disruption caused by talking, making noises, throwing objects, or otherwise distracting another person, constitutes disorderly conduct. Behavior is considered disorderly if a teacher is prevented from starting an activity or lesson, or has to stop instruction to address the disruption. d. Improper parking of a Motor Vehicle. A student will not engage in improper parking of a motor vehicle on school property. e. Inappropriate Displays of Affection. Students will not engage in inappropriate displays of affection, such as kissing or embraces of an intimate nature. f. Inappropriate Dress and Grooming. A student will not dress or groom in a manner that disrupts the educational process or is detrimental to the health, safety or welfare of others. A student will not dress in a manner that is distractive or indecent, to the extent that it interferes with the teaching and learning process, including wearing any apparel that displays racial or ethnic symbols or promotes any drug, alcohol, or tobacco related product that is prohibited in the school buildings, on school grounds, in school leased or owned vehicles, and at all school-affiliated functions. g. Leaving School without Permission. A student will not leave the school building, classroom, cafeteria, assigned area, or campus without permission from authorized school personnel. h. Possession of Inappropriate Personal Property. A student will not possess personal property that is prohibited by school rules or that is disruptive to teaching and learning. (power on cell phones, power on pagers, lighters, etc.)

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i. Tardiness. A student will not fail to be in his/her place of instruction at the assigned time without a valid excuse. j. Technology Abuse. A student will not violate the terms of WV §126CSR41, West Virginia Board of Education Policy 2460, Safety and Acceptable Use of the Internet by Students and Educators or Berkeley County’s Telecommunication Acceptable Use policy. (File: JT) k. Tobacco. In accordance with West Virginia Board of Education Policy 2422.5A, WV §126CSR66 (Tobacco-Free Schools) a student will not smoke, use tobacco or possess any substance containing tobacco in any building/area under the control of a county school system, including all activities or events sponsored by the Berkeley County Schools system. l. Trespassing. A student will not enter upon the premises of the Berkeley County Schools system’s property, other than to the location to which the student is assigned, without authorization from school, from proper school authorities. If removed, suspended, or expelled the student will not return to the school premises without permission from the proper school authorities. m. Truancy. In accordance with WV §126CSR81, West Virginia Board of Education Policy 4110, Attendance, a student will not fail to report to the school’s assigned class or activity without prior permission, knowledge or excuse by the school or by the parent/guardian. n. Disrespect and/or rude conduct directed toward a school employee or another student 2. School Responses to Level I Violations a. School administrator and staff may use appropriate intervention strategies, including, but not limited to, staff and student/parent conferences, auxiliary staff intervention and counseling programs for conflict resolution and peer mediation, and programs for anger management and violence prevention. b. Any of the following intervention strategies and disciplinary actions may be used as appropriate in response to the violation: 1. Administrator/student conference or reprimand. 2. Administrator and teacher-parent/guardian conference. 3. Referrals and conference to support staff of agencies 4. Referral to a tobacco cessation and/or educational program(s) 5. Daily/weekly progress reports 6. Behavioral contracts 7. Change in the student’s class schedule 8. School service assignment 9. Confiscation of inappropriate item 10. Restitution/restoration 11. Before and/or after-school detention 12. Denial of participation in class and/or school activities 13. Immediate exclusion by teacher from one or more class periods of the school day 14. Weekend detention 15. In-school suspension (full-day, multi-period or single period) 16. Out-of-school suspension for up to three days 17. Law enforcement notification 18. Social suspension up to one semester 19. Suspension of driving privileges 20. Academic sanctions – “0” for an assignment, quiz, test, report, notebook, homework, etc. – cheating B. Level II Violations 1. Failure to Serve Assigned Detention. A student will not fail to serve an assigned detention of which students and/or parents/guardian have been notified. 2. False Identification. A student will not use another person’s identification or give false identification to any school official with intent to deceive school personnel or falsely obtain money or property. 3. Forgery. A student will not sign the name of another person for the purpose of defrauding school personnel or the Berkeley County Board of Education.

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4. Fraud. A student will not deceive another or cause another to be deceived by false or misleading information in order to obtain anything of value. 5. Gambling. A student will not engage in any game of chance or contest, wherein money or other items of monetary value are awarded to the winner, except for those games and contest authorized as official school functions. 6. Gang Activity. A student will not, by use of violence, force coercion, threat of violence, or gang activity, cause disruption or obstruction to the educational process. Gangs are defined as organized groups of students and/or adults who engage in activities that threaten the safety of the general populace, compromise the general order, and/or interfere with the school district’s education mission. a. Gang activity includes: 1. Wearing or displaying any clothing, jewelry, colors or insignia that intentionally identifies the student as a member of a gang or otherwise symbolizes support of a gang. 2. Using any work, phrase, written symbol, or gesture that intentionally identifies a student as a member of a gang, or otherwise symbolizes support of a gang. 3. Gathering of two or more persons for purposes of engaging activities or discussions promoting gangs. 4. Recruiting student(s) for gangs 7. Insubordination/Unruly Conduct. A student will not ignore or refuse to comply with directions or instructions give by school authorities. Refusing to open a book, write and assignment, work with another student, work in a group, take a test, or do any other class or school related activity not listed herein, refusing to leave a hallway when requested by a school staff member or running away from a school staff member when told to stop, all constitutes insubordination/unruly conduct. 8. Loitering. A student will not remain or linger on school property without a legitimate purpose and/or proper authority. 9. Theft or Possession of Stolen Property. A student will not, without permission of the owner or custodian of the property, take property or have in his/her possession property valued less than $100.00 which does not belong to the student. 10. Falsely reporting violations of the student code of conduct. Intentionally providing false information to the principal when reporting a violation of the student code of conduct. 11. Continued Violations of Level I misconduct. C. School Responses to Level II Violations 1. Any Level I response 2. Out-of-school suspension for up to ten (10) days D. Level III Validations. In the Level III category validations are consistent with those addressed in WV Code §18A-5-1a (b) and (c) and shall be reported immediately to the principal of the school in which the student is enrolled. The principal will address the violation following the procedures outlined in WV Code §18A-5-1a, subsections (b) through (h). 1. Alcohol. A student will not possess, distribute or be under the influence of alcohol in an educational facility, on school grounds, a school bus or at any school sponsored activity. 2. Defacing school property. A student will not willfully cause defacement of, or damage to property of the school or others. Actions such as writing in textbooks or library books, writing on desks or walls, carving into woodwork, desks, or to school property include, but are not limited to, ruining bulletin boards, intentionally clogging the plumbing system, breaking light bulbs or fixture, and damaging school equipment to the point where repair is necessary. 3. Disobeying a teacher ins a willful manner. A student will not willfully disobey a teacher. 4. Profane Language. A student will not use profane language directed at a school employee or a student. Using profane language may include, but is not limited to, verbally, in writing, electronically, or with photographs or drawing, directing profanity or insulting obscene gestures toward a school employee or a student. 5. Theft. A student will not, without permission of the owner or custodian of the property, take property or have in his/her possession, property valued at between $100.00 and $999.00. 6. Hazing. A student will not haze or conspire to engage in the hazing of another person. “Hazing” means to cause any action or situation which recklessly or intentionally endangers

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the mental or physical health or safety of another person or persons to destroy or remove public or private property for the purpose of initiation or admission into or affiliation with or as a condition for continued membership in any activity or organization, including both co- curricular and extracurricular activities. 7. Improper or Negligent Operation of a Motor Vehicle. A student will not intentionally or recklessly operate a motor vehicle, o the grounds of an educational facility, parking lot, or at any school-sponsored activity, so as to endanger the safety, health or welfare of others. 8. Marijuana (Simple Possession). A student will not possess or be under the influence of marijuana in an education facility, on school grounds, a school bus or at any school- sponsored function. A student will not have possession of an imitation (look-a-like) drug, drug paraphernalia, or unregistered prescription or non-prescription medication on the premises of an educational facility or at a school sponsored function. 9. Physical Altercation. A student will not participate in a physical altercation with another person while under the authority of school personnel. 10. Threat of Injury or to Injure. A student will not threaten to injure another student, a teacher, administrator or any other school personnel. (This includes assault on a school employee defined in WV §61-2-15(a). 11. Bullying/Harassment/Intimidation/Cyber Bullying. A student will not bully intimidate or harass another student. According to WV §18-2C-2 “harassment, intimidation or bullying” means any intentional gesture or any intentional written, verbal or physical act or threat that: (a) a reasonable person under the circumstances should know will have the effect of (1) Harming a student; (2)Damaging a student’s property; (3) Placing a student in reasonable fear of damage to his/her property; or (4) Placing a student in reasonable fear of harm to his/her person; or (5) Placing a reasonable fear of damage to his or her property; or (b) is sufficiently severe, persistent, or pervasive that creates an intimidating, threatening or abusive education environment for a student. Cyber Bullying is the use of an electronic device to intentionally demean, intimidate or humiliate another individual or group through any manner of communication; at any time of the day or night that negatively impacts school climate, creates conflict between students, or contributes to a hostile learning environment. (Berkeley County File: JV) 12. Possession or use of fireworks or smoke bombs. 13. Setting or tampering with fire alarms/school equipment (i.e. gas valves or safety devices). 14. Tampering with school records. 15. Possession of a knife with a blade under 3 ½ inches. 16. Continuation violation of Level I or Level II misconduct. 17. Engaging in sexually explicit behavior. A student will not engage in behavior including nudity, fondling, obscene gestures, intimate touching and depictions of the sexual act. E. School Responses to Level III Violations 1. A principal may suspend a student from school, or transportation to or from the school on any school bus, if the student, in the determination of the principal, after an informal hearing pursuant to WV §18A-5-1(d) has committed any of the Level III violations. 2. If a student has been suspended pursuant to WV §18A-5-1a (b) or (c), the principal may request that the superintendent recommend to the county board that the student be expelled following the provisions in subsections (b) through (l) of WV §18A-5-1a. 3. Any school responses to Level I and Level II violations. a. Agency notification, such as the West Virginia Department o f Health and Human Resources and various law enforcement agencies. b. Counseling required at parental expense c. Drug Testing F. Level IV Violations. Violations are consistent with those addressed in WV § Level IV violations in this policy are aligned with definitions in the WV §61-6-24, and §18A-5-1, and in the Gun-Free Schools t of 1994 there – authorization of the Elementary and Secondary Education Act of 1965 (ESEA), student is enrolled shall address the violations following the procedures outlined in WV §18A-5-1a (a) and (b).

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1. Battery on a school employee. A student will not commit a battery by unlawfully and intentionally making physical contact of an insulting or provoking nature with the person of a school employee as outlined in WV §61-2-15 (b). 2. Felony. A student will not commit an act or engage in conduct that would constitute a felony under the laws of this state if committed by an adult as outlined in WV §18A-5-1a (b)(1). Such acts that would constitute a felony include, but are not limited to, arson (WV §61-3-1), malicious and unlawful wounding and unlawful (WV §61-2-9), bomb threat (WV §61-6-17), sexual assault (WV §61-8B-3), terrorist act or false information about a terrorist act, hoax terrorist act (WV §61-2-12), and grand larceny (WV §61-6-24), burglary (WV §61-3-11), robbery (WV §61-2-12), and grand larceny (WV §61-3-13). 3. Possession of a controlled substance. According to WV §18A-5-1a(b) (ii), a student will not possess, distribute or be under the influence of a controlled substance governed by the Uniform Controlled Substances Act as described in the WV §60A-1-101, et seq., on the premises of an educational facility or at a school sponsored function, or on a school bus.’ 4. Possession of a firearm or deadly weapon. According to WV §18A-5-1a(a), a student will not possess a firearm or deadly weapon as defined in WV §61-7-2, on any school bus as defined in WV §17A-1-1, or in or on an public or private primary or secondary education building, structure, facility or grounds thereof, including any vocational educational building, structure, facility or grounds thereof, or at any school-sponsored function as defined in WV §61-7-11a. a. As defined in WV §61-7-2, a “dangerous weapon” means any device intended to cause injury or bodily harm, any device used that is primarily used for self-protection. Dangerous weapons include but are not limited to, blackjack, gravity knife, knife, switchblade knife, nuncuka, metallic or false knuckles, pistol or revolver. A dangerous weapon may also include the use of a legitimate tool, instrument, or equipment as a weapon including but not limited to, pens, pencils, compasses, or combs, with the intent to harm another. As defined in WV §61-7-2m the term “deadly weapon” also includes any instrument included within the definition of “knife” with a blade of three (3) and one-half (½) inches or less in length. 5. Sale of narcotic drugs, unregistered prescription or nonprescription medication, drug paraphernalia, or an imitation (“look-alike”) drugs. According to WV §18A-5-1a, a student will not sell a narcotic drug. As defined in WV §60A-1-101, on the premises of an educational facility, at a school sponsored function or a school bus. G. School/County Responses to Level IV Violations – Level IV violations in this policy are those violations addressed in the WV §18A-5-1a that require the mandatory suspension of the student by the principal from school, or from transportation to or from the school on any school bus, after an informal hearing pursuant to subsection (d) of WV §18A-5-1a. Any responses used in Level I, II and III may also be used as part of the discipline in Level IV. 1. Pursuant to the WV §18A-5-1a(b), if a student has been suspended for committing an act or engaging in conduct that would constitute a felony under the laws of this state if committed by an adult; or unlawfully possessing a controlled substance governed by the Uniform Controlled Substances Act as describe in WV §60A-1-101 et seq., on the premises of an educational facility at a school sponsored function, or on a school bus, the principal may request that the superintendent recommend to the county board that the student be expelled. 2. If a student has been suspended for battery on a school employee, possession of a firearm or deadly weapon, or sale of a narcotic pursuant to WV §18A-5-a, the principal shall, within twenty four hours, request that the county superintendent recommend to the county board that the student be expelled. 3. Upon such request of the superintendent by a principal, the county superintendent by a principal, the county superintendent shall recommend to the county board that the student by expelled. 4. Upon such recommendation to the county board by the superintendent, the county board shall conduct a hearing in accordance with WV §18A-5-1a subsections (e), (f), and (g), to determine if the student committed the alleged violation. If the county board finds that the student did commit the alleged violation, the county board shall expel the student. 5. Students may be expelled pursuant to WV §18A-5-1a for a period not to exceed on school year, provided that a county superintendent may lessen the mandatory one-year period of

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expulsion if the circumstances of the pupil’s case demonstrably warrant such a reduction following the guidelines provided in WV §18A-5-1a (1). 6. A county board of education that expels a student, may attempt to establish the student as a “dangerous student” as defined in WV §18A-5-1a, at a hearing to determine the expulsion of the student. In a notice to the parent/guardian, the county board shall state clearly whether the board will attempt to establish the student as a “dangerous student” and will include any evidence to support the claim in the notice to the hearing date and time. 7. WV §18A-5-1a defines a “dangerous student” as a student who is substantially likely to cause serious bodily injury to himself, herself, or another individual within that student’s educational environment, which may include any alternative education environment at WV §126CSR20, West Virginia Board of Education Policy 2418, Alternative Education Programs for Disruptive Students, as evidenced by a pattern or series of violent behavior exhibited by the student and parent or guardian at the time of any offense. 8. A county board that expels a student, and finds that the student is a dangerous student, may refuse to provide alternative education pursuant to conditions outlined in WV §18A-5-1a, but must reevaluate this decision at least every three months. VIII. Guidelines for Suspension and Expulsion A. Suspension is considered a temporary solution to a violation of the Student Code of Conduct until the problem that caused the suspension is corrected. The length of a suspension should be short, usually one (1) day to three (3) days, but may extend to ten (10) school days. A student is entitled to an informal hearing when faced with a suspension of ten (10) days or less. And the student must be given the opportunity to present reasons why he/she should not be suspended. However, a student whose conduct is detrimental to the progress and general conduct of the school may be suspended immediately and a hearing held as soon as practical after the suspension. A student may not participate in any school sponsored activities, or be permitted on school grounds during the period of suspension without permission of school officials. Other procedures the school must follow when dealing with suspension are outlined in WV §18A-5-1 and §18A-5-1a. B. A suspension of more than ten (10) days requires a formal hearing before the county board of education. Procedures the school and county must follow when dealing with suspensions of more than ten (10) days are outlined in WV §18A-5-1 and §18A-5-1a. C. The county superintendent, upon recommendation by the principal, may recommend that a county board of education expel a student from school if the student’s conduct is judged detrimental to the progress and general conduct of the school. In all cases involving expulsion, the student is entitled to formal due process procedures if the county board of education agrees to act upon recommendation to expel a student from school these procedures are outlined in WV §18A-5-1 and §18A-5-1a. D. WV §18A-5-1 and §18A-5-1a require mandatory suspension b the principal and mandatory expulsion for a period of not less than twelve (12) consecutive months by the county board of education for: possession of a deadly weapon, assault of a school employee, or sale of a narcotic drug. Procedures that must be followed when dealing with an expulsion are outlined in WV §18A- 5-1 and §18A-5-1a. E. According to WV §18A-5-1, a teacher or bus driver may exclude from a classroom or bus any student who: is guilty of disorderly conduct; interferes with an orderly education process, threatens, abuses, intimidates or attempts to intimidate a school employee or student; willfully disobeys a school employee; or uses profane or abusive language toward a school employee. Once a student is excluded from the classroom or bus, the student must be referred to the principal who will take disciplinary action, notify the parent/guardian in writing of the disciplinary action taken, and provide a copy to the teacher or bus driver before the student is readmitted to the class or to the bus. F. According to WV §18A-5-1, a teacher exclude the same pupil from his or her classroom or from a school bus three times in one school year, and after exhausting all reasonable methods of classroom discipline plan, the pupil may be readmitted to the teacher’s classroom only after the principal, teacher and if possible, the parent(s), guardian(s) or custodian(s) of the pupil have held a conference to discuss the pupil’s disruptive behavior patterns, and the teacher and the principal agree on a course of discipline for the pupil and inform the parent(s), guardians(s) or custodian(s)

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of the course of action. Thereafter, if the pupil’s disruptive behavior persists, upon the teacher’s request, the principal may, to the extent feasible, transfer the pupil to another setting. IX. Complaint Procedures A. The building principal is the person responsible for receiving oral or written complaints of the student or employee Code of Conduct violations at the building level. The principal must notify the Director of Pupil Services when a Level IV violation has occurred. B. In case of building principal’s absence, an assistant principal and/or lead teacher will be responsible for receiving the complaint. C. Upon a report that an employee failed to appropriately respond to a student code of conduct violation the immediate supervisor shall conduct an investigation within 10 school days. The investigation shall, at a minimum, consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incidents(s) or circumstances giving rise to the complaint. The investigation may also consist of any other lawful methods and review of circumstances deemed pertinent by the investigator. Either the employee’s immediate supervisor or the Superintendent may impose or recommend appropriate consequences upon determination that an employee failed to appropriately respond to a violation of this policy. Deficiencies in this area shall be noted and addressed in the personnel evaluation process in accordance with West Virginia Board of Education Policy 5310, WV Code §126CSR142 (Performance Evaluation of School Personnel) in a manner that promotes understanding and respect. D. When the complaint is given to the building principal verbally, the principal shall reduce the complaint to written form before the close of the next working day. If the complaint involves the building principal, the complaint shall be made directly to the Human Rights Officer. E. District-wide. The Berkeley County Board of Education hereby designates the Director of Pupil Services to receive reports or complaints of Student Code of Conduct violations from any individual, employee, student or victim of such violation. F. Nothing in this policy shall prevent any person from reporting directly to the county superintendent, as appropriate, or to the Wes Virginia Human Rights Commission or, to a law enforcement agency. X. Investigation Procedures A. The school principal shall upon receipt of a report or complaint immediately undertake or authorize an investigation. The investigation may be conducted by school/school system official, or by a third party designated by the school system, in accordance with this policy and the procedures developed pursuant to West Virginia Board of Education Policy 4373 and Policy 5310. B. The investigation must, at a minimum, consist of personal interviews with the complaint, the individuals(s) against whom the complaint is filed, and other who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and review of circumstances deemed pertinent by the investigator. When any student is to be interviewed in connection with an investigation pursuant to a Level IV violation, a reasonable effort shall be made to contact the student’s parent, custodian, or guardian and invite them to be present during such interview, provided such parental notification does not compromise overall school/student safety. Parental notification is encouraged at Level II and III and discretionary at Level I. C. The principal shall immediately take reasonable steps as necessary, to protect the complainant, students, teachers, administrators or other personnel pending completion of an investigation of an alleged policy violation. D. The principal shall determine whether the alleged conduct constitutes a violation of this policy or WV §a8A-5-1a. E. In determining the appropriate response and/or punishment for a Level I, II, or III violation, the principal, superintendent or local board should consider the surrounding circumstances, the nature of the behavior, the relationship between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all the facts and surrounding circumstance. F. The investigation will be completed as soon as possible but no later than ten school days following the reported violation, unless permission has been requested and granted by the West

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Virginia Department of Education to extend the investigation period. The investigator shall make a report to the principal upon completion of the investigation. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. County procedures must be developed to determine which reports are then submitted to the county superintendent and/or county board of education. A written report must be presented to the county superintendent. If a Level IV violation is found the report will be given to the Berkeley County Board of Education. G. The result of the investigation of each complaint filed under these procedures will be reported in writing to the complaint or hi/her legal guardian by the principal. H. Confidentially of the filing of complaints, the identity of the subjects and witnesses of a complaint and of any action taken as a result of such complaint is essential to the effectiveness of this policy. Only those individuals necessary for the investigation and resolution of the complaint shall be given information about it. Therefore, the right of confidentiality of complaints, subject, witnesses, and investigators will be vigorously protected and violations of such confidentiality may itself be grounds of disciplinary action. XI. County Board of Education Action and Reporting A. Upon receipt of a report substantiated by staff observation or by investigation, the principal, superintendent or the Berkeley County Board of Education will take action against those found to have violated Berkeley County File: JB, pursuant to WV §18A-1-1 and §18A-1-5a. B. The principal or superintendent shall also initiate such other action as is appropriate to ease tensions and to affirm the values of respect and understanding in accordance with the Berkeley County’s Educational Plan. C. The principal or designee shall immediately enter the required disciplinary data into the West Virginia Education Information System (WVEIS) in order to file the required information with the West Virginia Department of Education of all substantiated reports of all violations of the Student Code of Conduct. XII. Reprisal A. Any student who retaliates against any person who reports alleged violations or any person who testifies, assists or participated in an investigation, or who testifies, assists or participates in proceeding hearing relating to such violations is prohibited. Retaliation includes, but is not limited to any form of intimidation, reprisal or harassment is prohibited. Persons retaliating will be charged under Berkeley County File: JU – Harassment and Violence Policy. B. Appropriate action, which may include but not be limited to reprimand, suspension or dismissal will be taken against any student, administrator or other school personnel who falsely reports violations of this policy. XIII. Right to Alternative Complaint Procedures A. These procedures do not deny the right of any individual to pursue other avenues of recourse, which may include filing charges with the West Virginia Human Rights Commission, initiating civil action or seeking redress under the state criminal statues and/or federal law. XIV. Dissemination of Policy and Training A. This policy or a summary shall be conspicuously posted throughout each county’s facilities in area accessible to students and staff members. These places for postings shall include but not limited to each classroom, school’s administrative offices, library, and cafeteria. B. This policy, or a summary, shall appear in the student handbook and if no handbook is available, a copy will be distributed to all students, faculty, staff and parents. This policy or a summary shall be handed out to faculty and staff, parents and students at open house events as well as in school newsletters at least annually. C. When a student enters middle/high school for the first time, the student and his/her parent/guardian will be requested to sign and return a contract agreeing to abide by the stipulations in the policy and consequence associated with violations. This contract will be part of the parent/student orientation program and shall be kept on file in the school office. D. Each school will develop and implement staff development sessions for all faculty and staff on these regulations and on means for effectively promoting the goals of this policy. Each school will develop at least a 30-minute student instructional program on these regulations and their goals, and teach them each school year.

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1. In grades K - 5 (elementary school), all objectives of section VII of this policy will be integrated in the developmental guidance and counseling program as well as related social studies standards. 2. In grades 6 – 8 (middle school), the objectives of section VII of this policy will be integrated in the developmental guidance and counseling program as well as related social studies standards and related arts program, i.e., physical education, health education, and/or any designated class period. 3. In grades 9 – 12 (high school) and adult programs, all objectives of section VI of this policy will be integrated in the developmental guidance and counseling program as well as homerooms and/or any designated class period. E. Berkeley County shall review this policy at least bi-annually for compliance wit state and federal laws and West Virginia Board of Education policy. XV. Assessment of Effectiveness A. The Berkeley County Board of Education will prepare an annual report to the West Virginia Board of Education to include: reported and substantiated incidents of Student Code of Conduct violations; action taken in response to incidents: training and staff development offered by the counties and other agencies. B. A West Virginia public school will be classified as a Persistently Dangerous School on or before July 1, beginning in 2003, and in each subsequent year, if the school has for two consecutive years, substantiated violation of the following offenses that exceed five percent (5%) of the total number of students enrolled in the school based on the school’s second month enrollment. 1. Battery on a school employee. (WV §61-2-15(b)) 2. Commission of an act or conduct that would constitute a felony under the laws of the state. 3. Possession of a firearm or deadly weapon as defined in WV §61-7-2 on any school bus as defined in WV §17A-1-1, o r in any public or private primary or secondary education building, structure, facility or grounds thereof, or at any school-sponsored function as defined in WV §61-7-11a. 4. Sale of narcotic drug as defined in WV §60A-1-101 on the premises of an educational facility, at a school-sponsored function or on school bus. C. Beginning with the 2003 – 2004 school year, Berkeley County school system will provide targeted technical assistance to any school that has for two consecutive years, substantial violations of the offenses set forth in Section VII.C of this policy that exceeds three and seventy-five one hundredths percent (3.75%) of the total number of students enrolled in the school, based on the school’s second month enrollment. D. Beginning with the 2003 – 2004 school year, the Berkeley County Board of Education shall require that a student attending a Persistently Dangerous School, as defined by the state, or who becomes a victim of a violent criminal offense, as determined by State law, while I or on the grounds of a public school that the student attends, be allowed to attend an alternate safe public school within the Berkeley County Public Schools. E. Beginning with the 2003 – 2004 school year, if Berkeley County Board of Education that has one or more schools identified as persistently dangerous must, in a timely manner, notify parents of each student attending the school that the state has identified the school as persistently dangerous; offer students the opportunity to transfer to a safe public school within the LEA; and, for those students who accept the offer, complete the transfer. F. If Berkeley County Board of Education has on or more schools identified as persistently dangerous, it will develop a corrective action plan, submit it to the West Virginia Department of Education, and implement that plan in a timely manner. XVI. Prevention and Intervention Training A. The West Virginia Department of Education, RESA VIII, and the Berkeley County Schools will provide training, technical assistance in research-based, effective models for violence prevention education (including the prevention of bullying, harassment, and intimidation), substance abuse prevention, as well as other programs and initiatives that include, but are not limited to, conflict resolution, peer mediation, described in medication, responsible students program, and character education. Training, technical assistance and support shall also be provided in the effective use of student assistance teams to identify students who are at risk and to develop interventions to assure school success for those students.

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B. Classroom teachers are required to implement effective classroom management strategies (WV State Board of Education Policy 5310) which include but are not limited to school-wide preventive discipline programs, the teaching an re-teaching of classroom rules and appropriate behaviors, behavioral management plans when appropriate, and parental support programs, etc. XVII. Severability A. If any provision of this rule or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this rule.

Adopted 04/03; 09/15/03; 02/16/09

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BERKELEY COUNTY FILE: JGG-A STUDENTS STUDENT CODE OF CONDUCT PROCEDURES FOR DRUG AND ALCOHOL VIOLATIONS I. Sale or Distribution of a Narcotic Drug or Controlled Substance (§60A-1-101) A. The principal must suspend from school and from transportation on any school bus, any student who sells narcotics (or controlled substances) in violation of this rule. The suspension shall be for a maximum of ten (10) school days. The Berkeley County Board of Education must also expel from school any student who violated the rule. The expulsion shall be for a minimum of twelve (12) consecutive calendar months. Additionally, the principal must contact local law enforcement officials or refer to the criminal justice or juvenile delinquency system, any student who violated this rule. The Berkeley County Board of Education may require prior to reentry to school, that the student participate in and present documentation of participation in an approved counseling program. The student will also be subject to a twelve months mandatory social suspension. II. Unlawful Possession or Use of a Controlled Substance or Alcoholic Beverage. A. The principal must suspend from school and from transportation on any school bus, any student who unlawfully possesses, uses, or is under the influence of a controlled substance in violation of this rule. The suspension shall be for a maximum of ten (10) school days. If the principal, in his/her discretion, also recommends that the violator be expelled from school, the Berkeley County Board of Education, in its discretion, may do so. Any expulsion shall be for a maximum of one school year, i.e., all or part of two (2) consecutive school semesters. Additionally, the principal must contact local law enforcement officials or refer to the criminal justice or juvenile delinquency system any student who violated this rule. 1st Offense – Possession, use of or under the influence of a controlled substance: 1. Ten (10) school days out of school suspension 2. Ninety (90) school days social suspension 3. Counseling

1st Offense – Possession, use or under the influence of alcohol: 1. Ten (10) school days out of school suspension 2. Counseling

2nd Offense – (Anytime as a student) 1. Mandatory ten (10) school days out of school suspension 2. Mandatory recommendation to the superintendent for expulsion for a minimum of twelve (12) consecutive months 3. Ninety (90) school days social suspension 4. Counseling (Revised 04/04) Offense Shall Suspend May Suspend Shall Expel May Expel §61-5-15(b) battery on a school employee X X §61-7-11a(b) deadly weapons X X §60A-1-101 sale of narcotics X X Felony X X Possession of drugs X X Threaten to injure X X Willfully disobey X X Possess alcohol X X Profanity X X Deface property X X Physical altercation X X

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Offense Shall Suspend May Suspend Shall Expel May Expel Habitually violates rules X X Bully/Harassment/Intimidation X X Hazing X X Theft (above $100.00) X X Possession of a knife under 3 ½ ″ X X Setting or tampering with fire alarms X X Improper or Negligent Operation of a X X Motor Vehicle Tampering with school records X X Possession or use of fireworks or X X smoke bombs Engaging in sexually explicit behavior X X

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BERKELEY COUNTY BOARD OF EDUCATION STUDENT CODE OF CONDUCT CONTRACT FOR STUDENTS

I, ______, (#______) hereby affirm that (Print Student Name) (Print Student Number) I have read and/or have had read to me Berkeley County File: JGG: Student Code of Conduct, or a summary thereof, and have been given a copy for my own personal use and reference. I understand the terms set forth in the Student Code of Conduct, including the consequences for violation the provisions set forth therein. I hereby agree to abide to these terms.

______(Student Signature)

______(Date)

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BERKELEY COUNTY BOARD OF EDUCATION STUDENT CODE OF CONDUCT CONTRACT FOR PARENTS/GUARDIANS

I, ______, hereby affirm that I have read and/or have had (Parent/Guardian Name) read to me Berkeley County File: JGG: Student Code of Conduct, or a summary thereof, and have been given a copy for my own personal use and reference. I understand the terms set forth in the Student Code of Conduct, including the consequences for violating the provisions set forth therein. I have discussed these terms with my student, ______and hereby agree to (Print Student Name) cooperate in his/her compliance with these terms.

______(Parent/Guardian Signature)

______(Date)

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BERKELEY CONTY FILE: JD-A STUDENTS STUDENT IDENTIFICATION

The Berkeley County Board of Education recognizes its obligation to provide safe and secure schools for its students and employees. In order to better identify students and help to assure that now unauthorized persons enter school property, the Berkeley County Board of Education hereby institutes this policy whereby all students in Grades 9 – 12 shall be provided with identification cards to be worn or carried in accordance with the accompanying procedures. Failure to wear or carry the provided identification card will result in disciplinary action against the student, which may include a warning, suspension or expulsion. A. Each student in Grades 9 – 12 will be issued a photo identification card while a student at Berkeley County Schools. The card shows the student’s name, photograph and home school. The card will be dated and renewed annually. B. The student shall wear the card at all times during the school day and carry the card at all school events, including away events and must show his/her identification card upon the request of a school official. The identification card must be worn above the waist and must be easily visible. C. There is no charge for the initial card. There is a fee for a replacement card, unless the replacement is necessitated by change of school. D. The loss or theft of a card must be reported within 24 hours to the school principal. The card must be replaced at the student’s expense. E. A new student will be issued a temporary card by the school principal. F. The card is the property of Berkeley County Schools and is not transferable. G. Any student transferring from or dropping out of Berkeley County Schools must return his/her card to school officials. Graduating seniors may keep their cards. H. A student who is expelled from school must surrender his/her card to school officials. I. A student’s failure to show or surrender his/her card to a school official is a Level II offense, which includes mandatory suspension of up to 10 days (in school or out-of-school suspension). J. Falsifying a student identification card is a Level II offense. K. Failure or refusal to comply with this policy may result in a warning, suspension (in school or out-of-school) or expulsion. L. These procedures shall be effective upon the student’s receipt of the identification card.

Adoption Date: October 16, 2001

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BERKELEY COUNTY FILE:JV cf:GBV STUDENTS HARASSMENT, BULLYING AND INTIMIDATION POLICY I. General Statement of Policy A. Racial, sexual and religious/ethnic and disability, harassment and violence are forms of discrimination that violate Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C §2000D, et. seq., Title IX of the educational amendments of the 1972, 20 U.S.C §1681 et. seq., Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, West Virginia Code §5-11-1, et. seq., West Virginia Code §18-2-5, West Virginia Code §18-2-5A and West Virginia Code §18-2-7b, et. seq., West Virginia Constitution, Article XII, §2, and the West Virginia Human Rights Act, and Policy 2421 of the West Virginia State Board of Education. B. The Berkeley County Board of Education prohibits any form of racial, sexual, religious/ethnic and disability harassment or violence or any bullying or intimidation by any student, school employee or member of the public, during any school-related activity or during any education-sponsored event, whether in a building or other property owned, use or operated by the Berkeley County Board of Education . Persons found to have violated this provision shall be subject to the penalties described herein. The Berkeley County Board of Education will act promptly and confidentially to investigate all harassment and violence complaints, formal or informal, verbal or written, and will take appropriate disciplinary action based upon the results of the investigation. C. Furthermore, pursuant to State Board of Education Policy 2421, this policy directs the implementation of the prevention and response programs outlined herein, designates investigatory and reporting procedures for harassment, violence, bullying or intimidation and creates penalties for violations of this policy. D. To the furthest extent possible, the Berkeley County Board of Education will collaborate with other state and local agencies in carrying out the purpose of this policy. II. Definitions A. Racial harassment shall consist of physical, verbal or written conduct relating to a person’s race when: 1. The conduct creates an intimidating, hostile or offensive working or academic environment; or 2. the conduct substantially or unreasonably interferes with an individual’s work or academic performance; or 3. The conduct otherwise adversely affects an individual’s employment or academic opportunities. 4. Racial harassment may include but is not limited to the following; a. The use of demeaning language with racial connotations; b. The use of language or gestures that imply the inferiority of a person’s race; c. Gestures or words that are disrespectful to a person’s race; or d. Ignorance or intolerance of cultural differences based on race. B. Sexual Harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact and other inappropriate verbal or physical contact or communication of a sexual nature made by any school employee to another school employee, when made by any student to another student, when made by a student to a school employee, or when made by a student employee to any member of the public when: 1. Submission to such conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or attaining employment or obtaining education; or 2. Submission to or a rejection of such conduct is used as a basis for academic or employment decisions affecting a person’s employment or education; 3. Such conduct has the purpose or effect of substantially interfering with a person’s academic or professional performance or creating an intimidating, hostile or offensive employment or educational experience; 4. an intimidating, hostile or offensive employment or educational environment (one in which unwelcome sexually-oriented jokes, innuendoes, obscenities, pictures/posters or any action with sexual connotation makes a student or employee feel uncomfortable); or

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5. Any aggressive, harassing behavior in the workplace or school that affects working or learning, whether or not sexual in connotation; and is directed toward an individual based on their gender; 6. Sexual harassment may include, but is not limited to, the following; a. Unwelcome verbal harassment or abuse in matters pertaining to sexuality; b. Unwelcome pressure for sexual activity; c. Unwelcome, sexually motivated or inappropriate patting, pinching, touching or other physical contact; d. Unwelcome sexual behavior or words, including demands for sexual favors accompanied by threats (implied or overt) concerning and individual’s employment or educational status; e. Unwelcome sexual behavior or words, including demands for sexual favors accompanied by promises (implied or overt) of preferential treatment with regard to employment or educational status; f. Unwelcome behavior, verbal or written words or symbols directed at an individual because of gender; or g. The use of authority to emphasize the sexuality of a student in a manner that prevents or impairs the student’s full enjoyment of educational benefits, climate or opportunities. C. Religious/Ethnic Harassment shall consist of physical, verbal or written conduct relating to a person’s religion or ethnicity when: 1. The conduct creates an intimidating, hostile or offensive working or academic environment; or 2. The conduct substantially or unreasonably interferes with an individual’s work or academic performance; or 3. The conduct otherwise adversely affects an individual’s employment or academic opportunities. 4. Religious/ethnic/national origin harassment may include but is not limited to the following: a. The use of demeaning language with religious, ethnic or national origin connotations. b. The use of language or gestures that imply the inferiority of a person’s religious group, ethnic group, or a nationality; or c. Gestures or words that are disrespectful to a person’s religion, ethnicity or national origin. D. Disability Harassment is intimidation or abusive behavior toward a student based on disability that creates a hostile environment by interfering with or denying a student’s participation in or receipt of benefits, services or opportunities in the institution’s program. Disability harassment may include, but is not limited to the following: a. Verbal acts and name calling; b. Non-verbal behavior such as graphic and written statements; or c. Conduct that is physically threatening; harmful or humiliating. E. Racial Violence is a physical act of aggression or the threat of aggression upon another because of, or in a manner reasonably related to, that person’s race. F. Sexual Violence is a physical act of aggression or force that involves the touching of another’s intimate parts, or forcing a person to touch any person’s intimate parts, or is the threat of such aggression. 1. Intimate parts include the primary genital area, groin, inner thigh, buttocks or breasts, and all the clothing that cover these areas. 2. Sexual violence may include but is not limited to: a. Touching, patting, grabbing or pinching another person’s intimate parts whether of the same sex or of the opposite sex. b. Coercing, forcing or attempting to coerce or force the touching of anyone’s intimate parts; or c. Coercing, forcing or attempting to coerce or force sexual intercourse or a sexual act on another; or d. Threatening to force or coerce sexual acts, including touching of intimate parts or intercourse, on another; or e. Threatening or forcing exposure of intimate apparel or body parts by removal of clothing.

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G. Religious/Ethnic Violence is a physical act of aggression or the threat of aggression upon another because of, or in a manner reasonably related to, that person’s religion, ethnicity or national origin. H. Disability Violence is a physical act of aggression or the threat of aggression upon another because of, or in a manner reasonably related to that person’s disability. I. Bullying, Harassment and/or Intimidation is any intentional gesture, or any intentional written, verbal or physical act that: 1. A reasonable person under the circumstances should know will have the effect of: a. Harming a student or staff member; b. Placing a student or staff member in reasonable fear of harm to his/her person; c. Damaging a student’s or staff member’s property; or d. Placing a student or staff member in reasonable fear of damage to his/her property. 2. Is sufficiently inappropriate, severe, persistent, or pervasive that it creates an intimidating, threatening or abusive educational environment for a student. III. Reporting Procedures A. In Each School Building 1. The building Principal is the person responsible for receiving oral or written complaints of racial, sexual, religious/ethnic or disability harassment or violence or bullying and/or intimidation at the building level. Upon receipt of a complaint of student conduct, the Principal must notify the Berkeley County Board of Education’s Human Rights Officer promptly, and shall commence an investigation of the complaint. Upon completing the investigation, and not later than ten (10) working days of receiving the complaint, a written report will be forwarded to the Human Rights Officer and to the Superintendent. 2. If the report alleges employee misconduct, the building Principal must promptly notify the Human Right Officer who will initiate or direct an investigation of the complaint. This investigation may be conducted by school officials or third parties designated by the Superintendent. Within ten (10) days of receiving the complaint, the investigating party shall provide a written status report to the Superintendent and the Complainant. 3. Whenever the complaint is given to the building Principal verbally, the Principal shall reduce the complaint to written form before the close of the next working day. If the complaint involves the building Principal, the complaint shall be made directly to the Human Rights Officer. 4. For school buildings/facilities which do not have a building Principal, such as the Transportation and Maintenance Departments, the Director of such building or facility will be the person responsible for receiving oral or written reports of racial, sexual or religious/ethnic harassment or violence or bullying and/or intimidation. All other provisions of the paragraph above apply to such situations, except that the term “Director” shall be substituted for the term “building Principal.” B. District-Wide 1. The Berkeley County Board of Education hereby designates its Title IX Coordinator as its Human Rights Officer to receive reports or complaints of harassment, violence, bullying and/or intimidation from any individual, employee or victim of such harassment, violence, bullying and/or intimidation and also from the building Principals as outlined above. 2. If the complaint involves the Human Rights Officer, the complaint or report shall be filed directly with the Superintendent, who shall then be responsible for the investigation and recommendation described in Paragraph IV of this policy. 3. The name of the Human Rights Officer, including a mailing address and telephone number, shall be conspicuously posted in the office of each school building and in other buildings to which employees of the Berkeley County Board of Education are assigned to work. C. General Guidelines 1. Submission of a complaint or report of racial, sexual, religious/ethnic or disability harassment or violence or bullying and/or intimidation will not affect the future employment, grades or work assignments of the person who submits the complaint or report. 2. Formal reporting forms are not mandatory, but such forms shall be provided by the Berkeley County Board of Education.

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3. All alleged incidents of harassment, discrimination, violence, bullying and/or intimidation observed by faculty, staff or other employees of the Berkeley County Board of Education must be reported to either the building Principal or the Human Rights Officer within twenty- four (24) hours of observing the incident. 4. The Berkeley County Board of Education’s investigation of racial, sexual, religious/ethnic or disability harassment or violence or bullying and/or intimidation complaints will be conducted with maximum effort to protect the confidentiality of all those involved in the complaint. School officials may, in their discretion, take immediate steps to protect individual privacy and safety pending resolution. IV. Investigation and Recommendation A. The individual(s) designated above by this policy to investigate, shall, upon receipt of a report or complaint alleging racial, sexual, religious/ethnic or disability harassment or violence of bullying an/or intimidation, immediately undertake to authorize an investigation. 1. The investigation may be conducted by school officials or by a third party designated by the school officials if necessary. 2. The investigating party shall provide a written report of the result of the investigation and a recommendation of the discipline within ten (10) working days to the Superintendent and to the Human Rights Officer. 3. If the Superintendent is the subject of the complaint, the report shall be submitted to the Human Rights Officer and to the President of the Berkeley County Board of Education. B. In determining whether alleged conduct constitutes racial, sexual, religious/ethnic or disability harassment or violence by bullying and/or intimidation, consideration shall be given to the surrounding circumstances, the nature of the conduct involved, relationships between the parties involved, and the context in which the alleged incidents occurred. C. The investigation must, at a minimum, consist of personal interview with the complainant, the alleged harasser(s), and other who may have knowledge of the alleged incident(s) or circumstance(s) giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigators(s). D. Upon the conclusion of the investigation, a written report detailing the investigator’s findings and his or her recommended consequences must be presented to the “Superintendent, the alleged harasser(s) and the complainant – within 10 working days of receiving the complaint. E. If the complainant or the alleged harasser(s) feel that the investigator erred in his or her findings or his or her recommended consequences, either party may, within ten (10) days of receiving the investigator’s report, appeal the investigator’s findings or recommended consequences to the Superintendent, or the Board of Education if the Superintendent is involved in the allegations, must review the investigator’s report to determine if sufficient support exists for the investigator’s findings and recommended consequences and provide a written decision to the complainant and the alleged harasser(s). In addition, the Superintendent, or the Board of Education if the Superintendent is involved in the allegations, may undertake an investigation that may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstance(s) giving rise to the complaint, or any other methods deemed pertinent by the investigator(s). V. Possible Consequences of Harassment, Bullying, and/or Intimidation A. Upon receipt of a recommendation that the complaint is valid, or upon the completion of an appeal as outlined in IV, E, the Superintendent, or the Berkeley County Board of Education if the Superintendent is the alleged harasser, will take such action as is deemed prudent based upon the results of the investigation. B. Such action may include, but is not limited to, warning, suspension, exclusion, expulsion, termination and revocation of licensure. C. Furthermore, the Superintendent or the Berkeley County Board of Education must also initiate action such as is appropriate to ease tensions and affirm the values of respect an understanding that are the basis of this policy. D. Thereafter, the Superintendent must immediately file a report with the West Virginia Department of Education of all reports of harassment or violence when an investigation shows that harassment or violence did occur. The report must contain a description of all actions taken in response to the incident.

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VI. Student Discipline A. In the event the building Principal recommends that a student be suspended from school, before the suspension is carried out, the Principal must conduct an informal hearing and tell the student why he or she is being suspended. The student must then be allowed to present reasons why he or she should not be suspended. B. In the event the building Principal recommends that a student be expelled from school, the student shall be suspended for a period of time not to exceed to (10) days. The Principal shall notify the student, in writing, of the recommendation prior to presenting any evidence to the Berkeley County Board of Education. C. Upon notice of the right to be present before the Berkeley County Board of Education at the hearing, the administration shall present evidence in support of its recommendation. If the Berkeley County Board of Education finds, by a preponderance of the evidence, that the provisions of this policy have been violated, the Berkeley County Board of Education shall either expel the student for one school year or expel the student for such other time, up to one school year, as the Berkeley County Board of Education deems just. D. The student shall have the opportunity to present evidence to the Berkeley County Board of Education at the hearing, including calling witnesses and cross-examining those of the administration. Nothing in this policy shall prevent the student from being represented by counsel, at his or her expense, nor shall the student be compelled to present any evidence that may tend to incriminate himself/herself. E. In the event the student who is accused of committing the act is a student who receives special education and related services, no disciplinary action can be taken until and unless the student’s individualized committee has determined that the student’s actions did not arise as a result of his or her disability. F. In addition to the consequences stated above, the Superintendent will take adequate steps to prevent the recurrence of any harassment and correct the discriminatory effect on the complainant and other, if appropriate. VII. Faculty and Staff Discipline A. If a faculty or staff persons is accused of a violation of this policy the disciplinary procedures found in the West Virginia Code and state regulations regarding disciplinary action shall apply VIII. Discipline of Non-School Related Personnel A. Should any person that is not an employee or student of Berkeley County Schools be found to have violated this policy, such person shall be prohibited from entering any school building, facility or property. B. Nothing in this policy shall prohibit contracting law enforcement or other personnel, including the Human Rights Commission, regarding the actions of any party subject to a complaint. IX. Reprisal A. Retaliation against an individual, who reports an incident in accordance with this policy, who participates in or cooperates with an investigation in accordance with this policy, or who testifies, assists or participates in a hearing related to such investigation, is prohibited. B. The school system will take immediate steps to protect the complainant, students, teacher or other personnel both during and after the investigation. X. False Accusations A. The Berkeley County Board of Education recognizes that not every advance or comment of a sexual, gender-based, racial, religious, ethnic-based, national origin-based or disability nature constitutes harassment. Whether a particular action or incident is a personal, social relationship without discriminatory employment or educational effect requires a determination based on all the facts and surrounding circumstances. False accusations of harassment can have a serous detrimental effect on innocent parties. B. Any pupil, teacher, or administrator or other school personnel who falsely reports harassment, bullying and/or intimidation, as outlined in this policy shall be disciplined as outlined in this policy. XI. Right to Alternative Complaint Procedures A. A complainant may use an alternative complaint procedure where applicable including filing charges with the West Virginia Human Rights Commission, Huntington Human Rights Commission, EEOC, initiating civil action or seeking redress under state criminal statues and/or federal law.

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XII. Notification A. Notice of this policy will be circulated to all parents, schools and departments of Berkeley County Schools on an annual basis and will be incorporated into teacher and student handbooks. It shall be conspicuously posted throughout each school and in offices and in classrooms and in areas accessible to students and staff. Training sessions on this policy and the prevention of harassment, violence, bullying and/or intimidation shall be held for teachers, staff and students in all schools and on an annual basis. XIII. Policy Training and Dissemination A. This policy or a policy summary will be posted in all classrooms and in areas accessible to students and staff and all Berkeley County Board of Education buildings. B. The policy summary will also appear in student and staff handbooks and, if no handbook is available, a copy of the summary will be distributed to all students, faculty and staff. C. The Superintendent shall develop and implement training for students and staff on these regulations and on means for effectively promoting the goals of this policy. D. This policy will be reviewed at least once every two (2) years by the Superintendent or the Superintendent’s designee for compliance with state and federal law and State Board of Education Policy. XIV. Prevention Programs A. For each programmatic level, K – 5, 6 – 8, 9 – 12 and for adult as well as faculty and staff, the Superintendent shall develop prevention programs that, at a minimum, raise awareness of the different types of harassment, bullying and/or intimidation, how it manifests itself, its devastating emotional and educational consequences and its legal consequences. B. The Superintendent shall develop and implement multi-cultural education programs for faculty, staff and students that foster an attitude of understanding and acceptance of individuals from a variety of cultural, ethnic, racial and religious backgrounds and national origins. XV. Sexual Harassment As Abuse A. Under certain circumstances, sexual harassment and violence may constitute child and/or sexual abuse under Chapter 49 of the West Virginia Code. In such situations, the Berkeley County Board of Education will comply with the provisions of law for reporting such abuse. XVI. Student-Employee Relationships Prohibited A. Amorous relationships between employees of the Berkeley County Board of Education and its students are strictly prohibited. School employees found to have violated this prohibition will be subject to the penalties and disciplinary actions outlined herein. XVII. Policy Development A. The Superintendent shall develop such administrative regulations as necessary to implement this policy.

Adoption Date: 04/15/02

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SAFE SCHOOLS ACT

HIGHLIGTS OF THE WEST VIRGINIA SAFE SCHOOLS ACT During the 1994 – 95 Legislative Session House Bill 2073 – Safe Schools, was passed and became law. The Safe Schools Bill provided each school and county with an opportunity to review how to provide safe learning environments and to determine recommendations for education students who may need an alternative setting. Described below are some of the highlights of this bill. Local Plans: Local School Improvement Councils must develop school plans that include guidelines for the instruction of excluded, suspended, or expelled students and possible alternative settings, programs, and schedules. A countywide council must be developed to compile the school plans for recommendations to the County board and State Board. Exclusion of Pupils: Teachers or bus drivers may exclude a student who is guilty of disorderly conduct; who interfered with the orderly educational process; who threatens, abuses or intimidates a school employee or pupil; or who uses abusive or profane language directed at a school employee. Excluded pupils are then under the control of the principal or designee and can be readmitted only when the principal or designee provides written certification to the to the teacher or bus driver specifying what disciplinary action, if any, was taken. The principal must provide written and if possible, telephone notice of the discipline to the parents. If that same pupil is excluded three times in the school year after exhausting all reasonable methods of classroom discipline in a school plan, the pupil may be readmitted only after a conference has been conducted with the principal, teacher, and if possible, a parent. The teacher and principal must agree on a course of discipline and then inform the parent. If the disruptive behavior persists, the principal may transfer the pupil to another setting. Suspensions and Expulsions: Mandatory suspension by the principal and mandatory expulsion for a period of not less that 12 consecutive months is required if a student possesses a deadly weapon on school grounds or bus; assaults a school employee; or sells narcotic drugs on school grounds or at a school-sponsored function. Mandatory suspension by the principal and possible expulsion for up to one school year would be the result of a student committing an act that would be a felony if committed by an adult; or possessing a controlled substance. Possible suspension and possible expulsion for up to one year would result if a student threatened to injure a pupil, teacher, administrator or other school employee; possessed alcohol; used profane language directed at a school employee or pupil; intentionally defaced school property; participated in any fight; or habitual violated school rules or policies. Admission of Suspended or Expelled Students: Prior to admission to school, a parent/guardian must affirm in writing that the student is not under suspension or expulsion. A student under suspension or expulsion may not be admitted until the suspension or expulsion has expired. Source: State Ed publication: April 1995 – West Virginia Department of Education. Survey Information: Student will be surveyed regarding incidents and prevalence of drug use and violence in schools a required by the No Child Left Behind Legislation. When surveys are to be given, parents will be notified and will be given the opportunity to examine the content of the survey. The completion of the survey will remain voluntary. In order to acknowledge you awareness of the information regarding the Safe Schools Act of 1995 and student surveys, we are asking that you sign and return the last page of this handbook to your son(s)/daughter(s) school.

***Notice*** School and Persons Within Are Subject to Random Searches By Certified Drug Dogs of Any Law Enforcement Agency

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Berkeley County Board of Education Racial, Sexual, Religious/Ethnic Discrimination Harassment and Violence Policy Summary

It is the policy of the Berkeley County Board of Education that racial, sexual religious/ethnic discrimination, harassment and violence will not be tolerated under any circumstance. The Berkeley County Board of Education firmly believes that all persons are to be treated with respect and dignity. The Berkeley County Board of Education will respond to incidents of discrimination, harassment and violence in a manner the will effectively discipline such behavior and act as a deterrent to future incidents. Simply put, racial, sexual, religious/ethnic harassment and violence refer to unwelcome behavior directed toward someone because of that person’s race, sex religion, or ethnic group that makes that person feel afraid, embarrassed, helpless, angry or unsafe or upset to the point that the person cannot learn, cannot teach or cannot be effective at school or at work. The Berkeley County Board of Education prohibits such harassment and violence between staff members, between staff member and students, and between members of the public and students or staff when such harassment or violence occurs on school property or at school-sponsored events. Examples of harassment and violence may include, but are not limited, to the following: unwelcome patting, pinching physical contact obscene gesturing, ethnic or racial slurs, threats, insults, or assaults against someone due to their race, sex religion or ethnicity. It is the policy of the Berkeley County Board of Education that it does not discriminate on the basis of gender, race, religious/ethnic background, age, or disability, in the educational programs or activities which it operates, and as required by Title IX or the Educational Amendments of 1972, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.§200C, et seq., the West Virginia Human Rights Act, WV Code §5-11-1, et seq., WV Code §18-2-5, WV Code §18-2-5a and WV Code §18-2-7b, et seq., the State and Federal Constitution, and Policy 2421 of the West Virginia State Board of Education not to discriminate in such a manner. The requirement not to discriminate in education programs and activities extends to employment therein and admission thereto. The prohibition against discrimination shall be read in conjunction with the Harassment and Violence Policy, and the procedures outlined therein shall be used to implement the investigation, discipline and reporting of any discriminatory actions. If a school employee, student, or member of the public feels that, he or she is the victim of racial, sexual, religious/ethnic discrimination, harassment or violence while on school property or at a school-sponsored event, a complaint may be filed by contacting his or her school principal, or he or she may contact:

David R. Deuell Berkeley County Schools 401 South Queen Street Martinsburg, WV 25401 Telephone: (304) 267-3500

For more detailed information, see the Berkeley County Board of Education’s Racial, Sexual, Religious/Ethnic Harassment and Violence Policy and the Administrative Regulations for the Implementation of Berkeley County School’ Racial, Sexual, Religious/Ethnic Harassment and Violence Policy.

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In A Nutshell: Berkeley County Board of Education Racial, Sexual, Religious/Ethnic Discrimination Grievance Procedure

If you believe that you have been subjected to racial, sexual, religious/ethnic discrimination, including sexual harassment, this is what you should do: 1. Speak to your principal, another adult in your building, or the Human Rights Officer listed below about the discrimination and/or harassment, and file a report. The report can be either oral or written. 2. An investigation will take place, and a written report will be filed by the investigator detailing the investigator’s findings and/or recommended consequences. A copy of this report will be presented to you, to the Superintendent, and to the alleged discriminator(s) within 10 days of making a report. 3. If you feel the investigator erred in his/her findings or recommended consequences, you may appeal it to the Superintendent, or the Board of Education if the Superintendent is involved. 4. You may also file a complaint with some state and federal agencies or in court.

To review the complete Berkeley County Board of Education Racial, Sexual, Religious/Ethnic Discrimination Policy, see Berkeley County Policy GBW. Human Rights Officer: David R. Deuell, Berkeley County Schools, 401 South Queen Street Martinsburg, WV 25401 Telephone: (304) 267-3500

Notice for Discrimination If you believe that you have been the victim of racial, sexual, or religious/ethnic discrimination, including sexual harassment, you should file a complaint with the school principal or with the following person: David R. Deuell Berkeley County Schools 401 South Queen Street Martinsburg, WV 25401 Telephone: (304) 267-3500

For more detailed information, see the Berkeley County Board of Education’s Racial, Sexual, Religious/Ethnic Discrimination Policy, at Berkeley County Policy GBW.

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PARENTAL SIGNATURE SHEET

Dear Principal:

I have read the Safe Schools Act and offer my support for this program. I have also read my son(s)/daughter(s) School Handbook.

______Parent’s Signature

______Student’s Name

______School

______Grade

Comments: ______

______

______

Elementary – Primary – Intermediate Parents Are Requested To Sign And Return To The School

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Middle / High School Students Signature Sheet

Dear Principal:

I have read the Safe Schools Act. I have also read, understand and agree to comply with all information listed in the School Handbook.

______Student’s Signature Date

______Student’s ID

______School

______Grade

Comments: ______

______

______

Middle / High School Students Signature Sheet Students Are Requested To Sign And Return To The School

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Discrimination Prohibited

As required by Federal Laws and Regulations, the Berkeley County Board of Education does not discriminate on the basis of sex, race, color, religion, disability, age and/or national origin in employment and in the administration of any of its education programs and activities. Inquires may be directed to David R. Deuell – Title IX Coordinator – Berkeley County Board of Education – 401 South Queen Street – Martinsburg, WV 25401. Telephone Number: 304-267-3500

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