Student Issues

Ryan OwensGeneral Counsel

CCOSA

Academic Issues

Bypass - End of Instruction Exams• Students who score 10% above the cut scores approved by the State Board of

Education for the ACT, the SAT, ACT Plan or PSAT/NMSQT alternate tests will be deemed to have satisfactorily demonstrated mastery of state academic content standards in the subject areas for which alternative tests have been approved and will be exempt from taking the EOIs in Algebra II, English III, Geometry or U.S. History.

• Students who have a score that is equal to or above the cut scores approved by the State Board of Education for the AP course exams, ACT Workkeys job skills assessment, CLEP or IB alternate tests will be deemed to have satisfactorily demonstrated mastery of state academic content standards in the subject areas for which alternate tests have been approved and will be exempt from taking the EOIs in Algebra II, English III, Geometry or U.S. History.

• Citation: Section 1210.523 of Title 70 of the Oklahoma Statutes

Supplemental Online Instruction

What is “educationally appropriate?”

SB 419 provided a definition:

"educationally appropriate" means any instruction that is not substantially a repeat of a course or portion of a course that the student has successfully completed, regardless of the grade of the student, and regardless of whether a course is similar to or identical to the instruction that is currently offered in the school district

Student Transfers

Open Transfer

SB 280• Applications for Open

Transfer are now allowed to be submitted by May 31.

• Receiving district board of education required to approve or disapprove by July 15.

• Parents notify receiving district no later than Aug. 1.

HB 2131• Applications for Open Transfer

are now allowed to be submitted by the first Monday in June.

• Receiving district board of education required to act within 30 days of receipt of application.

• Parents notify receiving district within 10 days of receiving notice from district.

Emergency Transfer - Bullying

A student may obtain an emergency transfer without approval of the sending district when the student has been the victim of harassment, intimidation and bullying as defined in Title 70.The receiving school district must verify that the student was the victim of harassment, intimidation or bullying and that the sending school district was notified of the incident or incidents prior to the filing of the application for transfer.

Student Safety

Epinephrine Injectors

• HB 2101• Epinephrine Injectors – Allows physicians to

prescribe epinephrine injectors to school districts; requires parent consent prior to administration of epinephrine injector by trained school employee; limits liability of school.

DrillsAll Oklahoma public schools must conduct at least the following safety drills during every school year:

• 2 lockdown drills; the second drill of the school year must be conducted at a different time of day than the first; no more than 2 lockdown drills in one semester.

• 2 fire drills; 1 within the first 15 days of each semester; must include the sounding of a distinctive audible signal designated as the fire alarm signal.

• 2 intruder drills; 1 within the first 15 days of each semester. • 2 tornado drills; at least 1 each in the months of September and March.• 2 other safety drills as determined by the district principal and

superintendent. They can be any of the drills listed above or drills developed by the district and consistent with the risks assessed for the facility.

• Citation: Section 5-148 and 5-149 of Title 70 of the Oklahoma Statutes

Emergency Planning

Each district plans must be:

• Reviewed and updated annually as appropriate by each school;• Kept on file at the district and each local emergency response

organization within the district. These organizations may include police, fire, emergency medical services, sheriff and emergency management; and

• Submitted in a format acceptable to the emergency agency no later than November 1 of each year.

• Each district must also make annual reports to its Board of Education, detailing the status of emergency preparedness and identified safety needs for each school.

• Citation: Section 681 of Title 63 of the Oklahoma Statutes

Documenting Compliance

Every district must document its safety drills as follows:

• Fire drills must be documented in writing at the school site, with the documentation preserved for at least 3 years and made available to the State Fire Marshal or the marshal’s agent on request.

• All other safety drills must be documented in writing, by school site, keeping a copy of the report at the school and filing one at the district administrative office and one with the Institute for School Security Resources, as created by the Oklahoma Office of Homeland Security.

• Citation: Subsection C of Section 5-149 of Title 70 of the Oklahoma Statutes

Firearms on Campus

• Every school authority shall immediately report the discovery of a firearm not otherwise authorized by law to be possessed to a law enforcement authority and deliver any weapon or firearm, removed or otherwise seized from any minor, to a law enforcement authority for appropriate disposition.

• Every school authority shall also immediately report to a law enforcement authority the discovery of a firearm upon a student that is not a minor or upon any other person not otherwise authorized by law to possess a firearm on school property and deliver any weapon or firearm that is removed or seized to a law enforcement authority for disposition.

Bullying

Bullying Video

• http://youtu.be/QhOXx3JRlMM

What is “bullying”?• Any pattern of harassment, intimidation,

threatening behavior, physical acts, verbal or electronic communication – Directed toward a student or group of students– That results in or is reasonably perceived as being

done with the intent to cause negative educational or physical results for the targeted individual or group and

– Is communicated in such a way as to disrupt or interfere with the school’s educational mission or the education of any student

What is “threatening behavior”?

• Any pattern of behavior or isolated action, whether or not it is directed at another person, that a reasonable person would believe indicates potential for future harm to students, school personnel, or school property

District Discipline Policy

• Must specifically address bullying by students at school and by electronic communication, if the communication is specifically directed at students or school personnel and concerns bullying at school

• What is “at school”?– On school grounds, in school vehicles, at school-

sponsored activities, or at school-sanctioned events (Note: School bus stops are no longer included as being “at school”)

Policy - Reporting Bullying (new)

• Must contain a procedure for reporting an act of bullying to a school official and permit anonymous reporting–Formal disciplinary action can’t be

taken solely based on an anonymous report

Policy – Employee Duty to Report (new)

• Must contain a requirement that any school employee who has reliable information that would lead a reasonable person to suspect that a person is a target of bullying shall immediately report it to the principal or principal’s designee

Policy – Investigation, Notice to Parents and Enforcement (new)

• Must require that District’s investigating employee or designee determine whether bullying conduct is actually occurring

• Must contain a procedure for timely notifying parents/guardians of both target and perpetrator of documented and verified bullying

• Must identify by job title the school official responsible for enforcing District policy

Policy – Report to Law Enforcement (new)

• Must contain procedures for reporting to law enforcement all documented and verified acts of bullying that may constitute criminal activity or reasonably have the potential to endanger school safety

Policy – Prevention (new)• Must include– Consequences and remedial action for perpetrators – Consequences and remedial action for a student

who falsely accused another as a means of retaliation, reprisal or bullying and

– A strategy for providing counseling or referral to appropriate services like guidance, academic intervention and other protection for targets, perpetrators and family members affected by bullying

When Do Districts Violate Civil Rights Laws Concerning Peer Harassment?

• Districts violate the law when peer harassment based on one of the 5 protected categories is “sufficiently serious that it creates a hostile environment and such harassment is encouraged, tolerated, not adequately addressed, or ignored by school employees.”

- OCR Dear Colleague Letter (10/26/10)24

What If the District’s Investigation Confirms that Discriminatory Harassment Occurred?

• The District must take prompt and effective steps reasonably calculated to end the harassment• The District must eliminate any hostile

environment and its effects• The District must prevent the harassment

from recurring

25

Discipline for Off Campus Speech

“When faced with an identifiable threat of school violence, schools may take disciplinary action in response to off-campus speech that meets the requirements of Tinker.”

Wynar v. Douglas County School District; 9th Circuit

Discipline for Off Campus Speech, cont.

Under Tinker, schools may restrict speech that “might reasonably [lead] school authorities to forecast substantial disruption of or material interference with school activities” or that collides “with the rights of other students to be secure and to be let alone.”

Wynar v. Douglas County School District; 9th Circuit

Facts of Wynar

Landon Wynar was a sophomore at Douglas High School in Minden, Nev., in the spring of 2008 when he sent the instant messages to several friends. He wrote frequently about weapons, going shooting, and his interest in World War II, court papers say, and was known to have weapons in his household.

Students read the messages and informed the football coach. Football coach informed administration and the district ultimately expelled Mr. Wynar.

Student Searches

When can I search?

• A school employee may search a student’s personal property and / or search the student ONLY upon a reasonable suspicion that the student possesses :• Dangerous Weapons• Controlled Dangerous Substances• Intoxicating Beverages• Low-point Beer• Missing or stolen property

Know your limits…

• Removing anything except cold weather outerwear.

• Searching student property without reasonable suspicion.

• Holding on to student property or any discovered contraband.

• Searching lockers, desks or other school property without notice and without students present.

• Searching student property when you have reasonable suspicion.

• Same sex searches of the student in question – witnessed by an authorized person.

I would advise you NOT to do the following: This is okay.

Student Suspension

Student Suspension

Oklahoma law requires school districts to adopt a policy with procedures for out-of-school suspension.

70 O.S. Section 24-101.3

Reasons for Suspension

1. Violation of a school regulation.2. Immorality.3. Adjudication as a delinquent for an offense that

is not a violent offense.4. Possession of intoxicating beverage or property

stolen from school. 5. Possession of a dangerous weapon or controlled

dangerous substance.6. Juvenile sex offender when victim/siblings at

same school.

Appeals Process

10 Days or LessPolicy will dictate whether appeal is to a local committee or to the board of education.

Education plan required to be provided if more than five days.

More Than 10 DaysReview with the administration.

If administration does not withdraw suspension, may appeal to the board of education or hearing officer.

Decision of board/hearing officer is final.

Education plan is required

The View From 100,000 Feet

• Know the facts

• Deliberate before deciding

• Don’t ignore your gut instinct

Questions?

Ryan Owensowens@ccosa.org or 405.524.1191