Policies
Dublin City Schools’ Board of Education policies are available for public viewing on our Board Docs website.
In the menu, select, "Policies." Individuals can search the active policies using the search bar at the top or select the policy manual chapter (i.e. 1000 - Administration) to see a list of all the policies within that chapter.
Policies Posted Per Ohio Law
Below, we have listed specific policies that Ohio law requires us to post directly on our website.
- Policy 2266 - Sexual Harassment/Title IX Grievance Process
- Policy 5136 - Personal Communication Devices
- Policy 5200 - Attendance
- Policy 8310 - Public Records
Policy 2266 - Sexual Harassment/Title IX Grievance Process
Book Policy Manual
Section 2000 Program
Title SEXUAL HARASSMENT/TITLE IX GRIEVANCE PROCESS
Code po2266
Status Active
Adopted December 14, 2020
Last Revised November 18, 2024
2266 - SEXUAL HARASSMENT/TITLE IX GRIEVANCE PROCESS
Introduction
The Board of Education of the Dublin City School District (hereinafter referred to as “the Board” or “the District”) does not discriminate on the basis of sex (including sexual orientation or gender identity), in its education programs or activities, and is required by Title IX of the Education Amendments Act of 1972, and its implementing regulations, not to discriminate in such a manner. The requirement not to discriminate in its education program or activity extends to admission and employment. The Board is committed to maintaining an education and work environment that is free from discrimination based on sex, including sexual harassment.
The Board prohibits Sexual Harassment that occurs within its education programs and activities. When the District has actual knowledge of Sexual Harassment in its education program or activity against a person in the United States, it shall promptly respond in a manner that is not deliberately indifferent, i.e., that is not clearly unreasonable in light of the known circumstances.
Pursuant to its Title IX obligations, the Board is committed to eliminating Sexual Harassment and will take appropriate action when an individual is determined responsible for violating this policy. Board employees, students, third-party vendors and contractors, guests, and other members of the School District community who commit Sexual Harassment are subject to the full range of disciplinary sanctions set forth in this policy. The Board will provide persons who have reported or experienced Sexual Harassment ongoing supportive measures and remedies as applicable and reasonably necessary to restore or preserve access to the District’s education programs and activities.
Coverage
This policy applies to Sexual Harassment that occurs on or after August 14, 2020, in the United States and within the District’s education programs and activities, and includes locations, events, and circumstances over which the District exercises substantial control over both the Respondent and the context in which the Sexual Harassment occurs. In some circumstances, the District may not have the authority to impose disciplinary action. Where the District does not have disciplinary authority, the District will seek to meet its Title IX obligations by evaluating the reported conduct, providing reasonable supportive measures, assisting the Complainant in identifying external reporting options, and taking reasonably available steps to end the Sexual Harassment.
Conduct to which this policy does not apply may also be prohibited by the Student Code of Conduct, Board policies and administrative guidelines, rules, and handbooks applicable to employees (including the Licensure Code of Professional Conduct for Educators), or applicable State and/or Federal laws and regulations.
Definitions
Words used in this policy shall have those meanings defined herein; words not defined herein shall be construed according to their plain and ordinary meanings.
Sexual Harassment: “Sexual Harassment” means conduct on the basis of sex that satisfies one (1) or more of the following:
A. A Board employee conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct (often called “quid pro quo” harassment);
B. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity; or
C. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)A(v), or “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).
Sexual harassment may involve the behavior of a person of any gender against a person of the same or another gender. Examples of sexual harassment may include, but are not limited to, the following actions, provided such actions satisfy the above-described definition of sexual harassment:
A. Unwelcome sexual propositions, invitations, solicitations, and/or flirtations;
B. Unwanted physical and/or sexual contact;
C. Threats or insinuations implying that a person’s conditions of education or employment may be adversely affected by not submitting to sexual advances;
D. Unwelcome sexual verbal expressions, including graphic sexual commentaries about a person’s body, dress, appearance, or sexual activities; unwelcome sexually degrading language, profanity, jokes, or innuendoes;
E. Sexually suggestive objects, pictures, graffiti, videos, posters, audio recordings, or literature;
F. Unwelcome and inappropriate touching, patting, or pinching;
G. Asking about, or telling about, sexual fantasies, sexual preferences, or sexual activities;
H. Speculations about a person’s sexual activities or sexual history, or remarks about one’s own sexual activities or sexual history;
I. Giving unwelcome personal gifts such as lingerie that suggests the desire for a romantic relationship;
J. Leering or staring at someone in a sexual way, such as staring at a person’s breasts, buttocks, or groin; and
K. Other inappropriate boundary invasions, as described in the District’s Administrative Guidelines.
“Sexual assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the FBI.
'Domestic violence' includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim; a person with whom the victim shares a child in common; a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime occurred; or any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime occurred.
'Dating violence' means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
'Stalking' means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others; or suffer substantial emotional distress.
Complainant: “Complainant” means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.
Consent: 'Consent' means words or actions that a reasonable person would understand as agreement to engage in the sexual conduct st issue. A person may be incapable of giving consent because of age, status, or temporary or permanent mental or physical incapacity.
Respondent: “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment.
Formal Complaint: “Formal Complaint” means a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that the District investigate the allegation(s) of Sexual Harassment. At the time of filing a Formal Complaint with the District, a Complainant must be participating in or attempting to participate in the District’s education program or activity. A “document filed by a complainant’’ means a document or electronic submission that contains the Complainant’s physical or digital signature, or otherwise indicates that the Complainant is the person filing the Formal Complaint. Where the Title IX Coordinator signs a Formal Complaint, the Title IX Coordinator is not a Complainant or a party to the Formal Complaint and must comply with this policy, including by not having a conflict of interest or bias for or against complainants or respondents generally or an individual Complainant or Respondent.
Actual Knowledge: “Actual knowledge” means notice of Sexual Harassment or allegations of Sexual Harassment to the District’s Title IX Coordinator, or any District official who has the authority to institute corrective measures on behalf of the Board, or any Board employee. This standard is not met when the only District official with actual knowledge is the Respondent. “Notice” includes, but is not limited to, a report of Sexual Harassment to the Title IX Coordinator.
Supportive Measures: “Supportive measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed. Such measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment or deter Sexual Harassment. Supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, school/campus escort services, mutual restrictions of contact between the parties, changes in work locations, leaves of absence, increased security and monitoring of certain areas of the campus (including school buildings and facilities), referral to Employee Assistance Program, and other similar measures.
Day(s): Unless expressly stated otherwise, the term “day” or “days” as used in this policy means business day(s) (i.e., a day(s) that the Board office is open for normal operating hours, Monday – Friday, excluding State-recognized holidays).
Eligible Student: “Eligible Student” means a student who has reached eighteen (18) years of age or is attending an institution of postsecondary education.
Title IX Coordinator(s)
The Board designates and authorizes the following individual(s) to oversee and coordinate its efforts to comply with Title IX and its implementing regulations:
Bryan Buoni
Executive Director of Human Resources
614-764-5913
5175 Emerald Parkway
Dublin, OH 43017
buoni_bryan@dublinschools.net
Samantha Althouse
Director of Elementary Building Leadership & Professional Development
614-764-5913
5175 Emerald Parkway
Dublin, OH 43017
althouse_samantha@dublinschools.net
Mike Ulring
Director of Secondary Building Leadership & Professional Development
614-764-5913
5175 Emerald Parkway
Dublin, OH 43017
ulring_mike@dublinschools.net
Michael Blake
Coordinator of Human Resources - Elementary
614-764-5913
5175 Emerald Parkway
Dublin, OH 43017
blake_michael@dublinschools.net
Julie Moses
Coordinator of Human Resources - Secondary
614-764-5913
5175 Emerald Parkway
Dublin, OH 43017
moses_julie@dublinschools.net
Questions about this policy should be directed to the Title IX Coordinator.
The District notifies applicants for admission and employment, students, parents or legal guardians of students, Board employees, and all unions or professional organizations holding collective bargaining or professional agreements with the Board of the following information:
The Board of the Dublin City School District does not discriminate on the basis of sex in its education program or activity and is required by Title IX and its implementing regulations not to discriminate in such a manner. The requirement not to discriminate in the District's education program or activity extends to admission and employment. Inquiries about the application of Title IX, its implementing regulations, and this policy may be referred to the Title IX Coordinator(s), Mr. Bryan Buoni, Executive Director of Human Resources, 614-764-5913, 5175 Emerald Parkway, Dublin, OH 43017, buoni_bryan@dublinschools.net, Ms. Lynnnette Focht, Coordinator of Human Resources-Certified, 614-764-5913, 5175 Emerald Parkway, Dublin, OH 43017, focht_lynnette@dublinschools.net, Ms. Karli Collins, Coordinator of Human Resources-Classified, 614-764-5913, 5175 Emerald Parkway, Dublin, OH 43017, karli_collins@dublinschools.net, or Mr. Mike Ulring, Director of Building Leadership, 614-764-5913, 5175 Emerald Parkway, Dublin, OH 43017, ulring_mike@dublinschools.net, the Assistant Secretary of the United States Department of Education, or both.
The Board has adopted a grievance process and procedures that provide for the prompt and equitable resolution of student and employee complaints alleging any action that is prohibited by Title IX and/or its implementing regulations. The grievance process and procedures are included in Policy 2266 – Sexual Harassment/Title IX Grievance Process, which is available at: www.dublinschools.net. The grievance process and procedures specifically address how to report or file a complaint of sex discrimination, how to report or file a formal complaint of Sexual Harassment, and how the District will respond.
The Superintendent shall also prominently display the Title IX Coordinator’s(s’) contact information and this policy on the District’s website and in each handbook or catalog that the Board makes available to applicants for admission and employment, students, parents or legal guardians of students, Board employees, and all unions or professional organizations holding collective bargaining or professional agreements.
Grievance Process and Procedures
The Board is committed to promptly and equitably resolving student and employee complaints alleging Sexual Harassment. The District’s response to allegations of Sexual Harassment will treat Complainants and Respondents equitably, including by providing supportive measures to the Complainant and Respondent, as appropriate, and following this Grievance Process before the imposition of any disciplinary sanctions or other actions, other than supportive measures, against the Respondent.
The Title IX Coordinator(s), along with any investigator(s), decision-maker(s), or any person(s) designated to facilitate an informal resolution process, shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual Complainant or Respondent.
If a determination of responsibility for Sexual Harassment is made against the Respondent, the Board will provide remedies to the Complainant. The remedies will be designed to restore or preserve equal access to the District’s education program or activity. Potential remedies include, but are not limited to, individualized services that constitute supportive measures. Remedies may also be disciplinary or punitive in nature and may burden the Respondent.
Report of Sexual Discrimination/Harassment
Any person may report Sexual Harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute Sexual Harassment), in person, by mail, by telephone, or by electronic mail, using the Title IX Coordinator’s(s’) contact information listed above, or by any other means that results in the Title IX Coordinator receiving the person’s oral or written report. Reports may be made at any time (including during non-business hours). Reports can be made orally or in writing and should be as specific as possible. The person making the report should, to the extent known, identify the alleged victim(s), perpetrator(s), and witness(es); describe in detail what occurred, including date(s), time(s), and location(s); and provide any written evidence or reports in the person's possession regarding the Sexual Harassment to the Title IX coordinator.
Board employees are required to report, as soon as practicable, any possible or suspected Sexual Harassment the employee is or becomes aware of to the Title IX Coordinator, and must provide all details and evidence regarding the possible or suspected Sexual Harassment as described above. A Board employee's failure to make any report required by this policy may result in disciplinary action, up to and including termination of employment.
Additionally, Board employees acting in an official or professional capacity who know, or have reasonable cause to suspect, that a child less than eighteen (18) years of age or a person under twenty-one (21) years of age with a developmental disability or physical impairment, has suffered or faces a threat of suffering a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child or person, must immediately report that knowledge or suspicion to a municipal or county law enforcement officer or the public children’s services agency in the county. Nothing in this Policy shall negate the obligation to report or delay the timeline to make a mandatory report. A Board employee’s failure to make any report required by this policy may result in disciplinary action, up to and including termination of employment.
Once a report has been shared with the Title IX Coordinator, a complainant may request that their identity not be shared with the Respondent (request for anonymity), that no investigation occur, or that no disciplinary action be pursued. The District will carefully balance this request in the context of the District's obligation to provide a safe and non-discriminatory educational environment. Confidentiality will not always be possible.
If a report involves allegations of Sexual Harassment by or involving one Title IX Coordinator, the person making the report should report those allegations to one of the other Title IX Coordinators, who will serve as the Title IX Coordinator in all respects with regard to the report.
When a report of Sexual Harassment is made, the Title IX Coordinator shall promptly contact the Complainant (including the parent/guardian if the Complainant is under eighteen (18) years of age or under guardianship) to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a Formal Complaint, and explain to the Complainant the process for filing a Formal Complaint. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. Any supportive measures provided to the Complainant or Respondent shall be maintained as confidential, to the extent that maintaining such confidentiality will not impair the ability of the District to provide the supportive measures.
If the Complainant does not respond or declines to file a formal complaint, the Title IX Coordinator must consider the Complainant’s wishes, District safety, and the District’s obligation to maintain an environment free from harassment and discrimination, and determine whether to initiate a Formal Complaint. The District’s response must be reasonable in light of the known circumstances. If the report alleges conduct by a staff member against a student, the Title IX Coordinator shall complete a Formal Complaint and initiate an investigation.
Emergency Removal: Subject to limitations and/or procedures imposed by State and/or Federal law, the District may remove a student Respondent from its education program or activity on an emergency basis after conducting an individualized safety and risk analysis. The purpose of the individualized safety and risk analysis is to determine whether the student Respondent poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment that justifies removal. If the District determines the student Respondent poses such a threat, it will so notify the student Respondent and the student Respondent will have an opportunity to challenge the decision immediately following the removal. Any emergency removal under this policy must be conducted consistently with student due process rights regarding emergency removal, suspension, and expulsion, and consistently with any applicable obligations under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act. See Policy 5605 - Suspension/Expulsion of Students with Disabilities, Policy 5610 – Removal, Suspension, Expulsion, and Permanent Exclusion of Student, Policy 5610.03 – Emergency Removal of Students, and Policy 5611 – Due Process Rights.
Administrative Leave: If the Respondent is a non-student employee, the District may place the Respondent on administrative leave during the pendency of the grievance process.
Formal Complaint of Sexual Harassment
When the Title IX Coordinator receives a Formal Complaint or signs a Formal Complaint, the District will follow its Grievance Process and Procedures, as set forth herein.
It is a violation of this policy for a Complainant(s), Respondent(s), and/or witness(es) to knowingly making false statements or knowingly submitting false information during the grievance process, including intentionally making a false report of Sexual Harassment or submitting a false Formal Complaint. The Board will not tolerate such conduct, which is a violation of Board policies and the Student Code of Conduct.
Throughout this Grievance Process, the Respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at its conclusion.
Timeline
The District will seek to conclude the grievance process, including resolving any appeals, within sixty (60) days of receipt of the Formal Complaint.
A temporary delay of the grievance process or a limited extension for good cause may be made with written notice to the Complainant and the Respondent of the delay or extension and the reasons for the action. Good cause may include, but is not limited to, considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; the need for language assistance or an accommodation of disabilities.
Upon receipt of a Formal Complaint, the Title IX Coordinator will provide written notice of the following to the parties who are known:
A. notice of the Board’s grievance process, including any informal resolution processes;
B. notice of the allegations of misconduct that potentially constitute Sexual Harassment as defined in this
policy, including sufficient details known at the time and with sufficient time to prepare a response
before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Sexual Harassment, and the date and location of the alleged incident, if known. The written notice must also:
- include a statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the grievance process;
- inform the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence;
- inform the parties of any provision in the Student Code of Conduct, this policy, and any other applicable policy or guideline that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.
If, during the course of the investigation, the District decides to investigate allegations about the Complainant or Respondent that are not included in the original notice provided to the parties, the Title IX Coordinator will provide notice of the additional allegations to the parties whose identities are known.
Dismissal of a Formal Complaint
The District shall investigate the allegations in a Formal Complaint unless the conduct alleged in the Formal Complaint:
A. would not constitute Sexual Harassment even if proved;
B. did not occur in the District’s education program or activity; or
C. did not occur against a person in the United States.
If one (1) of the preceding circumstances exists, the District shall dismiss the Formal Complaint. If the District dismisses the Formal Complaint due to one (1) of the preceding reasons, the District may still investigate and take action with respect to such alleged misconduct pursuant to another provision of an applicable code of conduct or Board policy.
The Title IX Coordinator may also dismiss a Formal Complaint, or any allegations therein, if at any time during the investigation:
A. a Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;
B. the Respondent is no longer enrolled in the District or employed by the Board; or
C. specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.
If the Title IX Coordinator dismisses a Formal Complaint or allegations therein, the Title IX Coordinator must promptly send written notice of the dismissal and the reason(s) therefore simultaneously to the parties.
Consolidation of Formal Complaints
The District may consolidate Formal Complaints as to allegations of Sexual Harassment against more than one (1) Respondent, or by more than one (1) Complainant against one (1) or more Respondents, or by one (1) party against the other party, where the allegations of Sexual Harassment arise out of the same facts or circumstances.
Where a grievance process involves more than one (1) Complainant or more than one (1) Respondent, references in this policy to the singular ‘‘party,’’ ‘‘Complainant,’’ or ‘‘Respondent’’ include the plural, as applicable.
Informal Resolution Process
If a Formal Complaint is filed, the Title IX Coordinator may offer to the parties an informal resolution process. An informal resolution is the resolution of a Formal Complaint through informal interventions such as remedies and mediation. In determining whether an informal resolution process is appropriate, the Title IX Coordinator should consider the wishes of the Complainant and Respondent, District safety, and the District’s obligation to maintain an environment free of harassment and discrimination. The District does not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, to participate in the informal resolution process or to waive any right to an investigation and adjudication of a Formal Complaint of Sexual Harassment. The informal resolution process may be used at any time prior to the decision-maker(s) reaching a determination regarding responsibility.
Before commencing an informal resolution process, the District shall provide to the parties a written notice disclosing:
A. the allegations;
B. the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a Formal Complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the Formal Complaint; and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared.
Also, before commencing the informal resolution process, the Title IX Coordinator shall obtain from the parties their voluntary, written consent to the informal resolution process.
During the pendency of the informal resolution process, the investigation and adjudication processes that would otherwise occur will be stayed and all related deadlines suspended.
The informal resolution process is not available to resolve allegations that a Board employee sexually harassed a student.
Investigation of a Formal Complaint of Sexual Harassment
Where a Complainant or the Title IX Coordinator files a formal complaint and the District has jurisdiction under this Policy, the Title IX Coordinator will initiate an investigation. The Title IX Coordinator may designate another individual to investigate or assist in the investigation of the allegations in the Formal Complaint. Both parties shall be notified of the identity of the investigator(s).
In conducting the investigation of a Formal Complaint and throughout the grievance process, the burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility is on the District, not the parties.
Throughout the grievance process, the investigator(s) and decision-maker(s) may not require, allow, rely upon or otherwise use questions or evidence that constitutes, or seeks disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege in writing.
As part of the investigation, the parties have an equal right to:
A. present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence; and
B. have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney. The District may not limit the choice or presence of an advisor for either the Complainant or Respondent in any meeting or grievance proceeding. The District may restrict the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
Neither party shall be restricted in their ability to discuss the allegations under investigation or to gather and present relevant evidence.
The District will provide to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all investigative interviews or other meetings, with sufficient time for the party to prepare to participate.
Both parties shall have an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the District does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation.
Prior to completion of the investigative report, the District will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties will have at least ten (10) days to submit a written response, which the investigator will consider prior to completion of the investigative report.
At the conclusion of the investigation, the investigator shall create an investigative report that fairly summarizes relevant evidence, including both inculpatory and exculpatory evidence, and provides credibility determinations that are not based on a person’s status as a Complainant, Respondent, or witness. The investigator must send an electronic or hard copy of the report to each party and the party’s advisor, if any, for their review and written response, and will also send a copy to the decision-maker and the Title IX Coordinator. The investigator will send the investigative report to the parties in an electronic format or a hard copy, at least ten (10) calendar days prior to the decision-maker(s) issuing a determination regarding responsibility.
Determination of Responsibility
The District shall appoint a decision-maker(s) to issue a determination of responsibility. The decision-maker(s) cannot be the same person(s) as the Title IX Coordinator(s) or the investigator(s), and may not have a conflict of interest or bias for or against complainants or respondents generally or an individual Complainant or Respondent. The decision-maker must also receive appropriate training under this policy. Both parties shall be notified of the identity of the decision-maker(s).
After the investigator sends the investigative report to the parties and the decision-maker(s), and before the decision-maker(s) reaches a determination regarding responsibility, the decision-maker(s) will afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. The decision-maker(s) must explain to the party proposing the questions any decision to exclude a question as not relevant.
Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.
Determination regarding responsibility: The decision-maker(s) will issue a written determination regarding responsibility. To reach this determination, the decision-maker(s) must apply the preponderance of the evidence standard and must consider the totality of all available evidence, from all relevant sources.
The written determination will include the following content:
A. identification of the allegations potentially constituting Sexual Harassment pursuant to this policy;
B. a description of the procedural steps taken from the receipt of the Formal Complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence;
C. findings of fact supporting the determination;
D. conclusions regarding the application of the applicable code of conduct to the facts;
E. a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the decision-maker(s) is recommending that the District impose on the Respondent(s), and whether remedies designed to restore or preserve equal access to the District’s education program or activity should be provided by the District to the Complainant(s); and
F. the procedures and permissible bases for the Complainant(s) and Respondent(s) to appeal.
The decision-maker(s) will provide the written determination simultaneously to both parties. The decision-maker(s) must also provide a copy of the written determination to the Title IX Coordinator.
Appeal
Both parties have the right to file an appeal from a determination regarding responsibility, or from the Title IX Coordinator’s dismissal of a Formal Complaint or any allegations therein, on the following bases:
A. procedural irregularity that affected the outcome of the matter (e.g., material deviation from established procedures);
B. new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
C. the Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant(s) or Respondent(s) that affected the outcome of the matter.
Any party wishing to appeal the decision-maker(s)’s determination of responsibility, or the Title IX Coordinator’s dismissal of a Formal Complaint or any allegations therein, must submit a written appeal to the Title IX Coordinator within five (5) days after receipt of the decision-maker(s)’s determination of responsibility or the Title IX Coordinator’s dismissal of a Formal Complaint or any allegations therein.
As to all appeals, the District will notify the other party in writing when an appeal is filed and implement appeal procedures equally for both parties.
The decision-maker(s) for the appeal shall not be the same person(s) as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX Coordinator(s). The decision-maker(s) for the appeal shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual Complainant(s) or Respondent(s) and shall receive the same training as required of other decision-makers. Both parties shall be notified of the identity of the decision-maker(s) for the appeal.
Both parties shall have a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome.
The parties’ written statements in support of, or challenging, the determination of responsibility must be submitted to the Title IX Coordinator and the appeals decision-maker(s) within two (2) business days after the Title IX Coordinator provides notice to the non-appealing party of the appeal.
The decision-maker(s) for the appeal shall issue a written decision describing the result of the appeal and the rationale for the result. The original decision-maker's(s’) determination of responsibility will stand if the appeal request is not filed in a timely manner or the decision-maker(s) for the appeal does not find clear error and/or a compelling rationale for overturning or modifying the original determination. The written decision will be provided to the Title IX Coordinator and simultaneously to both parties. The written decision will be issued within ten (10) days of when the parties’ written statements were submitted.
The determination of responsibility associated with a Formal Complaint, including any remedies and disciplinary sanctions, becomes final when the time for filing an appeal has passed or, if an appeal is filed, at the point when the decision-maker(s) for the appeal’s decision is delivered to the Complainant and the Respondent. No further review beyond the appeal is permitted.
Sanctions and Remedies
If Respondent is determined to be responsible for Sexual Harassment, the District will provide remedies to the Complainant that are designed to restore or preserve equal access to the District’s education programs or activities. Such remedies may include supportive measures, but need not be non-disciplinary, non-punitive, or avoid burdening the Respondent. The Title IX Coordinator is responsible for the effective implementation of any remedies.
Staff members who engage in conduct that violates Title IX as set forth in this Policy are subject to disciplinary action, up to and including termination of employment, consistent with any applicable collective bargaining agreement.
Students who engage in conduct that violates Title IX as set forth in this Policy are subject to disciplinary action, up to and including suspension and expulsion.
The Title IX Coordinator is responsible for the effective implementation of any remedies.
Retaliation
Neither the Board nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, its implementing regulations, or this policy, or because the individual made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or Sexual Harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or Formal Complaint of Sexual Harassment, for the purpose of interfering with any right or privilege secured by Title IX, its implementing regulations, or this policy, constitutes retaliation. Retaliation against a person for making a report of Sexual Harassment, filing a Formal Complaint, or participating in an investigation is a violation of this policy that will result in disciplinary sanctions/consequences and/or other appropriate remedies.
Complaints alleging retaliation may be filed under Policy 2260 - Nondiscrimination and Access to Equal Educational Opportunity.
The exercise of rights protected under the First Amendment of the United States Constitution does not constitute retaliation prohibited under this policy.
Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy shall not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.
Confidentiality
The District shall not restrict the right of any party to discuss the allegations under investigation or to gather and present relevant evidence.
The District will keep confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a Formal Complaint of Sexual Harassment, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as may be permitted by the Family Educational Rights and Privacy Act ('FERPA'), 20 U.S.C. 1232g, or FERPA regulations, 34 C.F.R. part 99, or as required by law, or to carry out the purposes of Title IX and its implementing regulations, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder (i.e., the District’s obligation to maintain confidentiality shall not impair or otherwise affect the Complainant’s and Respondent’s receipt of the information to which they are entitled under this policy).
Application of the First Amendment
The Board will construe and apply this policy consistent with the First Amendment to the U.S. Constitution. In no case will a Respondent be found to have committed Sexual Harassment based on expressive conduct that is protected by the First Amendment.
Training
The District’s Title IX Coordinator, along with any investigator(s), decision-maker(s), or person(s) designated to facilitate an informal resolution process, must receive training on:
A. the definition of Sexual Harassment (as that term is used in this policy);
B. the scope of the District’s education program or activity;
C. how to conduct an investigation and implement the grievance process, including appeals and informal resolution processes, as applicable; and
D. how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interests, and bias.
All decision-makers must receive training on issues of relevance, including when questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, as set forth in this policy. All investigators must receive training on issues of relevance to create an investigative report that fairly summarizes relevant evidence, as set forth in this policy.
Any materials used to train Title IX Coordinator(s), an investigator(s), decision-maker(s), and any person who facilitates an informal resolution process, must not rely on sex stereotypes and must promote impartial investigations and adjudications of Formal Complaints of Sexual Harassment.
All Board employees are trained concerning their legal obligation to report Sexual Harassment to the Title IX Coordinator. This training includes practical information about how to identify and report Sexual Harassment.
Record-keeping
The District shall maintain for a period of seven (7) calendar years the following records:
A. each Sexual Harassment investigation including any determination regarding responsibility, any disciplinary sanctions recommended and/or imposed on the Respondent(s), and any remedies provided to the Complainant(s) designed to restore or preserve equal access to the District’s education program or activity;
B. any appeal and the result therefrom;
C. any informal resolution and the result therefrom; and
D. all materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process.
The District will make its training materials publicly available on its website.
The Board retains the discretion to appoint suitably qualified persons who are not Board employees to fulfill any function of the Board under this policy, including, but not limited to, Title IX Coordinator, investigator, decision-maker, decision-maker for appeals, facilitator of informal resolution processes, and advisor.
The provisions of this policy are not contractual in nature, whether in their own right or as part of any other express or implied contract. Accordingly, the Board retains the discretion to revise this policy at any time, and for any reason. The Board may apply policy revisions to an active case provided that doing so is not clearly unreasonable.
Tech. Corr. 8/23/21
Tech. Corr. 10/11/21
Tech. Corr. 8/22/22
Tech. Corr. 5/22/23
Tech. Corr. 11/18/24
© Neola 2021
Legal R.C. 3313.207/208/209, 5104
20 U.S.C. 1092(F)(6)(A)(v)
20 U.S.C. 1400 et seq., The Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)
20 U.S.C. 1681 et seq., Title IX of the Education Amendments of 1972 (Title IX)
34 C.F.R. Part 106
34 U.S.C. 12291(a)(8)
34 U.S.C. 12291(a)(10)
34 U.S.C. 12291(a)(30)
42 U.S.C. 1983
42 U.S.C. 2000c et seq., Title IV of the Civil Rights Act of 1964
42 U.S.C. 2000d et seq.
42 U.S.C. 2000e et seq.
OCR's Revised Sexual Harassment Guidance (2001)
Policy 5136 - Personal Communication Devices
Book Policy Manual
Section 5000 Students
Title Personal Communication Devices
Code po5136
Status: Active Active
Adopted June 28, 2010
Last Revised January 13, 2025
5136 - PERSONAL COMMUNICATION DEVICES
The Board of Education is committed to providing educational environments that support students fully engaging with classmates, teachers, and instruction. Use of personal communication devices (PCDs) shall be limited during school hours and during school-related events and functions in accordance with this policy and the Student Code of Conduct.
Personal Communication Device (PCD) is defined in Bylaw 0100 - Definitions.
Nothing in this policy prohibits a student from using a PCD for student learning or to monitor or address a health concern or disability, in accordance with the student's individualized education program or Section 504 plan.
Students are prohibited from using a PCD except:
A. when the teacher authorizes a student to use a PCD for educational purposes during instructional time;
B. when the Principal authorizes a student to use a PCD for educational purposes during instructional time;
C. at such other times as authorized by a school employee or other supervising adult.
Students are prohibited from using PCDs in a manner that infringes on a person's reasonable expectation of privacy. This includes using PCDs in locations and circumstances where a student may be changing clothes or in any stage of undress, such as gymnasiums, locker rooms, shower facilities, and restrooms/bathrooms, and swimming pools. The Superintendent and building principals are authorized to determine other specific locations and situations where the use of a PCD is absolutely prohibited.
Except as authorized by a teacher, administrator, IEP team, or Section 504 plan, students are prohibited from using PCDs to capture, record, and/or transmit the words or sounds (i.e., audio) and/or images (ie., pictures/video) of any student, staff member, or other person during school hours on school property or during school-related events and functions. Using a PCD to capture, record, and/or transmit audio and/or pictures/video of an individual without proper consent is considered an invasion of privacy and is not permitted.
Students are expressly prohibited from using covert means to listen-in or make a recording (audio or video) of any meeting or activity at school. This includes placing recording devices, or other devices with one - or two-way audio communication technology (i.e., technology that allows a person off-site to listen to live conversations and sounds taking place in the location where the device is located), within a student's book bag or on the student's person without express written consent of the Superintendent. Any requests to place a recording device or other device with one- or two-way audio communication technology within a student’s book bag or on a student’s person shall be submitted, in writing, to the Principal. The District representative shall notify the parent(s), in writing, whether such request is denied or granted within five (5) days.
Students may not use a PCD in any way that might reasonably create in the mind of another person an impression of being threatened, humiliated, harassed, embarrassed or intimidated. See Board Policy 5517.01 – Bullying and Other Forms of Aggressive Behavior. In particular, students are prohibited from using PCDs to: 1) transmit material that is threatening, obscene, disruptive, or sexually explicit or that can be construed as harassment or disparagement of others based upon their race, color, national origin, sex (including sexual orientation/transgender identity), disability, age, religion, ancestry, or political beliefs; and 2) engage in "sexting" - i.e., sending, receiving, sharing, viewing, or possessing pictures, text messages, e-mails or other materials of a sexual nature in electronic or any other form. Violation of these prohibitions shall result in disciplinary action. Furthermore, such actions will be reported to local law enforcement and child services as required by law.
Students also are prohibited from using a PCD to capture, record, and/or transmit test information or any other information in a manner constituting fraud, theft, cheating, or academic dishonesty. Likewise, students are prohibited from using PCDs to receive such information.
Students may not use PCDs to access and/or view Internet websites that otherwise are blocked to students while in school, on school property, or at a school-sponsored activity.
When the use of PCDs is prohibited, all PCDs must be powered off completely (i.e., not just placed in vibrate or silent mode) and stored out of sight.
When the use of PCDs is permitted, all PCDs must be placed in silent mode and must be stored out of sight when directed by the administrator or supervisor.
Students shall have no expectation of confidentiality with respect to their use of PCDs while at school or on school property, including school buildings, other facilities, and school vehicles
Possession of a PCD by a student during school hours and during school-related events and functions is a privilege that may be forfeited by any student who fails to abide by the terms of this policy, or otherwise abuses this privilege.
Violations of this policy may result in the following disciplinary measures:
A. Issue a verbal warning and require the student to store the PCD in accordance with this policy.
B. Confiscate the PCD and store it securely in a staff-controlled locker, bin, or drawer for the duration of the class or period.
C. Confiscate the student’s PCD and store it in the facility’s central office for the remainder of the school-related event or school day.
D. Confiscate the student’s PCD in the facility's central office to be picked up by the student’s parent or guardian.
E. Schedule a conference with the student’s parent or guardian to discuss the student’s PCD use.
F. Loss of privilege to bring a PCD to school for a designated length of time or on a permanent basis.
G. In-school suspension.
H. Out-of-school suspension.
I. Expulsion.
J. Other consequences as outlined in the Student Code of Conduct.
If the violation involves an illegal activity (e.g. child pornography, sexting), the school official will also refer the matter to law enforcement or child services. The PCD will be confiscated and may be turned over to law enforcement if a violation involves potentially illegal activity.
School officials will not search or otherwise tamper with PCDs in District custody unless they reasonably suspect that the search is required to discover evidence of a violation of the law or other school rules. Any search will be conducted in accordance with Board Policy 5771 - Search and Seizure.
A person who discovers a student using a PCD, recording device, or other device with one- or two-way audio communication technology in violation of this policy is required to report the violation to the Principal or Superintendent.
Students are personally and solely responsible for the care and security of their PCDs. The Board assumes no responsibility for theft, loss, or damage to, or misuse or unauthorized use of, PCDs brought onto its property.
Parents/Guardians are advised that the best way to get in touch with their child during the school day is by calling the school office.
This policy shall be posted prominently on the District's website and in a central location in each school building and made publicly available upon request.
Revised 9/9/13
Revised 5/14/18
© Neola 2024
Legal R.C. 3313.753
ODEW Ohio's Cell Phones in Schools Model Policy
Policy 5200 - Attendance
Book Policy Manual
Section 5000 Students
Title Attendance
Code po5200
Status Active
Adopted July 8, 1996
Last Revised January 13, 2025
5200 - ATTENDANCE
The educational program offered by this District is predicated upon the presence of the student and requires continuity of instruction and classroom participation. Attendance shall be required of all students enrolled in the schools during the days and hours that the school is in session or during the attendance sessions to which a student has been assigned.
A student in grades 9 through 12 may be considered a full-time equivalent student provided the student is enrolled in at least five (5) units of instruction, as defined by State law, per school year.
In accordance with statute, the Superintendent shall require, from the parent of each student of compulsory school age or from an adult student who has been absent from school or from class for any reason, a written statement of the cause for such absence. The Board of Education reserves the right to verify such statements and to investigate the cause of each single absence or prolonged absence.
The Board considers the following factors to be reasonable medical excuses for time missed at school:
A. personal illness/accident (a written physician’s statement verifying the illness may be required)
B. appointment with a health care provider
C. illness in the family necessitating the presence of the child
D. medically necessary leave for a pregnant student in accordance with Policy 5751
E. quarantine of the home
F. death in the family
G. other set of circumstances the Superintendent deems on a case-by-case basis to be a good and sufficient cause for medical absence from school
The Board considers the following factors to be reasonable nonmedical excuses for time missed at school:
A. necessary work at home due to absence or incapacity of parent(s)/guardian(s)
B. religious expression days, up to three (3) of which may, after approval by the principal in accordance with this policy, permit the student to be absent without any academic penalty
C. out-of-state travel (up to a maximum twenty-four (24) hours per school year that the student’s school is open for instruction) to participate in a District-approved enrichment or extracurricular activity. Any classroom assignment missed due to the absence shall be completed by the student. If the student will be absent for twenty-four (24) or more consecutive hours that the student’s school is open for instruction, a classroom teacher shall accompany the student during the travel period to provide the student with instructional assistance.
D. such good cause as may be acceptable to the Superintendent
E. service as a precinct officer at a primary, special or general election in accordance with the program set forth in Policy 5725, with principal approval
F. take your son/daughter to work day
G. college visitation
H. absences due to a student's placement in foster care or change in foster care placement or any court proceedings related to their foster care status
I. absences due to a student being homeless
Attendance need not always be within the school facilities, but a student will be considered to be in attendance if present at any place where school is in session by authority of the Board.
The Board shall consider each student assigned to a program of other guided learning experiences to be in regular attendance for the program provided that the student reports to such staff member the student is assigned for guidance at the place in which the student is conducting study, and regularly demonstrates progress toward the objectives of the course of study.
The Superintendent may excuse a student over fourteen (14) years of age from attendance at school for a future limited period for the purpose of performing essential work directly or exclusively for the student's parents or guardians. Such excuse should not exceed five (5) days and may at the discretion of the Superintendent be renewed for five (5) additional days. At no time, however, shall such excuse cause a student to be absent from school for a period of more than ten (10) consecutive days.
At the discretion of the Superintendent, a student may be excused for a longer period of time than ten (10) days if a child's parent or guardian has recently died or become totally or partially incapacitated and there is no older brother or sister living in the home who is out of school. (The Superintendent may request a certificate of a physician attesting to the physical condition of the parent or guardian.)
Attendance shall be taken at the beginning of every block/period in buildings with block/period-based scheduling. Absences from a block/class period shall be accounted for to the nearest full hour.
Attendance shall be taken at the commencement of the school day in buildings with non-period-based schedules. Attendance for students arriving late or leaving early must be tracked and recorded to the nearest full hour.
Contacting the Parent/Guardian of an Absent Student
When a parent, guardian, or other person having care of a student has failed to initiate a telephone call or other communication notifying the school or building administration of the student's excused or unexcused absence within 120 minutes after the beginning of the school day, the attendance officer or designee for each school building shall make at least one (1) attempt to contact the parent, guardian, or other person having care of any student who is recorded as absent without legitimate excuse within 120 minutes after the beginning of each school day by a method designated by the Superintendent in accordance with Ohio law (see AG 5200).
Excessive Absences
When a student of compulsory school age is absent from school with combined nonmedical excused absences and unexcused absences in excess of thirty-eight (38) or more hours in one (1) school month, or sixty-five (65) or more hours in a school year, that student is considered excessively absent from school. Religious expression days that have been approved by the Principal in accordance with this policy will not be considered for the purpose of determining whether a student is excessively absent. The District or school shall notify the child's parent or guardian of the child's absences, in writing, within seven (7) school days after the date of the absence that triggered the notice requirement. At the same time written notice is given, any appropriate intervention action listed herein may be taken.
A student may have an excused absence for medical reasons, such as personal illness or medical visit (physician, dentist, mental health, etc.), subject to the following rules. A student may have up to ten (10) medically excused absences without a doctor’s note, but with a phone call, email, or parent portal note from a parent/guardian. This policy will be extended beyond ten (10) days if the student or someone in the student’s family is in quarantine due to a recognized pandemic/epidemic (e.g., COVID-19) or experiencing symptoms of the pandemic/epidemic. A medical excuse for personal illness will be accepted in the form of a doctor’s note within five (5) school days of the absence or parent call-in, email, or parent portal note on the day of the absence due to illness or doctor’s visit.
The following “medical excuses” will not count toward a student’s excessive absence hours: (1) personal illness; (2) illness in the family necessitating the presence of the child; (3) quarantine of the home; (4) health care provider appointments (doctor, dentist, mental health provider, etc.); (5) medically-necessary leave for a pregnant student in accordance with Policy 5751; (6) death in the family; or (7) other set of circumstances the Superintendent deems on a case-by-case basis to be a good and sufficient cause for medical absence from school. These exceptions include permitting an excused medical absence for student mental health (e.g., school phobia, anxiety, emotional disability) or for students whose chronic conditions could be impacted by recognized pandemic/epidemic (COVID-19) or other causes. The reason for the medical excuse shall be documented.
Religious Expression Days
The Principal will approve up to three (3) religious expression days per school year after receiving a written request from the student's parent or guardian. Religious expression days may be used to take holidays for reasons of faith or religious or spiritual belief systems or participate in organized activities conducted under the auspices of a religious denomination, church, or other religious or spiritual organization. Students who are absent on approved religious expression days will not face any academic penalties and will be provided with academic accommodations with regard to examinations and other academic requirements that are missed.
To receive accommodations for religious expression days, parents or guardians must submit written requests to the Principal within fourteen (14) days after the start of the school year or fourteen (14) days after a student is enrolled in the District. The requests must specify the religious expression day(s) to be approved. The Principal will approve the days without inquiring into the sincerity of a student's religious or spiritual belief system. However, the Principal may verify the authenticity of a request by contacting the parent or guardian to confirm they signed it. The Principal may deny the request for religious expression days if the parent or guardian indicates that the signature is not authentic. Once the days have been approved, the Principal will ensure that each teacher schedules a time and date for alternative examinations or other academic requirements that conflict with the student's absence. Students may participate in interscholastic athletics or other extracurricular activities on days in which the student is absent for religious expression.
The District has adopted the following procedure for a student, parent, or guardian to notify the District of any grievance with regard to the implementation of this policy. A grievance must be submitted in writing to the Director of Elementary Building Leadership of the Director of Secondary Building Leadership. The Director of Elementary/Secondary Building Leadership will review the grievance and issue a written determination of whether the policy has been violated. The decision of the Director of Elementary/Secondary Building Leadership is final and not subject to further appeal.
The District will notify parents and guardians annually about this policy and the procedures that they must follow to request accommodations for religious expression days.
The policy will be placed in a prominent location on the District's website and will include the contact information for an individual who can provide further information about the policy. The District will also publish a nonexhaustive list of major religious holidays, festivals, and religious observations as published by the State Superintendent for which an absence will not be unreasonably withheld or denied. The list will be provided whenever the policy is posted, printed, or distributed, and will be accompanied by a statement that declares the list is non-exhaustive and may not be used to deny accommodations to a student for a holiday, festival, or observation that is not included in the list. Nothing in this policy, and no inclusion or exclusion of a religious holiday or festival on the list posted by a District, shall preclude a student from full and reasonable accommodations for any sincerely held religious beliefs and practices with regard to all examinations or other academic requirements and absences for reasons of faith or religious or spiritual belief system.
Habitually Truant
A student will be considered habitually truant if the student is of compulsory school age and absent without a legitimate excuse for thirty (30) or more consecutive hours, for forty-two (42) or more hours in one (1) school month, or for seventy-two (72) or more hours in one (1) school year.
Legitimate excuses for the absence of a student who is otherwise habitually truant include but are not limited to:
A. the student was enrolled in another school district;
B. the student was excused from attendance in accordance with R.C. 3321.04; or
C. the student has received an age and schooling certificate.
Absence Intervention Team
To the extent required by law as determined on an annual basis, within ten (10) days of a student becoming habitually truant, the Principal shall assign the student to an absence intervention team.
Within fourteen (14) school days after the assignment of a student to an absence intervention team, the team shall develop an intervention plan for that student in an effort to reduce or eliminate further absences. Each intervention plan shall vary based on the individual needs of the student, but the plan shall state that the attendance officer shall file a complaint not later than sixty-one (61) days after the date the plan was implemented, if the child has refused to participate in, or failed to make satisfactory progress on, the intervention plan. Within seven (7) school days after the development of the plan, reasonable efforts shall be made to provide the student's parent/guardian/custodian, with written notice of the plan.
Each absence intervention team may vary based on the needs of each individual student but shall include a representative from the child's building, another representative from the child's building who knows the child, and the child's parent or parent's designee, or the child's guardian, custodian, guardian ad litem, or temporary custodian. The team also may include a school psychologist, counselor, social worker, or representative of a public or nonprofit agency designed to assist students and their families in reducing absences.
The members of the absence intervention team shall be selected within seven (7) school days of the student meeting the habitually truant threshold. Within the same period of seven (7) school days, the Principal shall make at least three meaningful, good faith attempts to secure the participation of the student's parent/guardian/custodian, guardian ad litem, or temporary custodian on that team. A good faith attempt to secure the participation of the parent shall include, but not be limited to, contacting (or attempting to contact) the parent by telephone, email, or regular mail. If the student's parent responds to any of those attempts, but is unable to participate for any reason, the Principal shall inform the parent of the parent's right to appear by designee. If seven (7) school days elapse and the student's parent/guardian/custodian, guardian ad litem, or temporary custodian fails to respond to the attempts to secure participation, the attendance officer shall investigate whether the failure to respond triggers mandatory abuse or neglect reporting to the public children services agency. At the same time, the absence intervention team shall continue to develop an intervention plan for the child notwithstanding the absence of the child's parent/guardian/custodian, guardian ad litem, or temporary custodian.
Intervention Strategies
In order to address the attendance practices of a student who is habitually truant, the intervention team may, as part of an intervention plan, take any of the following intervention actions:
A. provide counseling to the student
B. request or require the student’s parent to attend a parental involvement program
C. request or require the student’s parent to attend a truancy prevention mediation program
D. as applicable, notify the Registrar of Motor Vehicles of the student’s absences
E. take appropriate legal actions
F. assignment to an alternative school
In the event that a student becomes habitually truant within twenty-one (21) school days prior to the last day of instruction of a school year, the Principal may, in the Principal's discretion, assign a school administrator to work with the child's parent/guardian/custodian, guardian ad litem, or temporary custodian to develop an absence intervention plan during the summer.
The absence intervention process shall commence upon the first day of instruction of the next school year.
Reporting Requirements
The attendance officer shall file a complaint in the juvenile court against a student on the sixty-first (61st) day after the implementation of an absence intervention plan or other intervention strategies, provided that all of the following apply:
A. The student is habitually truant.
B. The school district or school has made meaningful attempts to re-engage the student through the absence intervention plan, other intervention strategies, and any offered alternatives to adjudication, if applicable.
C. The student has refused to participate in or failed to make satisfactory progress on the plan, as determined by the absence intervention team, or any offered intervention strategies or alternative to adjudication.
If the student, at any time during the implementation phase of the absence intervention plan or other intervention strategies, is absent without legitimate excuse for thirty (30) or more consecutive hours or forty-two (42) or more hours in one school month, the attendance officer shall file a complaint in juvenile court against that student, unless the absence intervention team has determined that the student has made substantial progress on the absence intervention plan.
In the event that the sixty-first (61st) day after the implementation of the absence intervention plan or other intervention strategies falls on a day during the summer months, the absence intervention team may extend the implementation of the plan and delay the filing of the complaint for an additional thirty (30) days from the first day of instruction of the next school year.
The Superintendent is authorized to establish an educational program for parents of truant students which is designed to encourage parents to ensure that their children attend school regularly. Any parent who does not complete the program is to be reported to law enforcement authorities for parental education neglect, a fourth-class misdemeanor if found guilty.
Whenever any student of compulsory school age has sixty (60) consecutive hours in a single month or a total of ninety (90) hours of unexcused absence from school during the school year, the student will be considered habitually absent under R.C. 3321.13(b)(2). The Board authorizes the Superintendent to inform the student and the student's parents, guardian, or custodian of the record of absences without legitimate excuse as well as the District's intent to notify the Registrar of Motor Vehicles, if appropriate, and the Judge of the Juvenile Court of the student's unexcused absences and habitually absent status.
If a student who is habitually truant violates the order of a juvenile court regarding the student’s prior adjudication as an unruly child for being a habitual truant, the student may further be adjudicated as a delinquent child.
The District shall report to the Ohio Department of Education, as soon as practicable, and in a format and manner determined by the Department, any of the following occurrences:
A. when a notice that a student has been absent with or without legitimate excuse for thirty-eight (38) or more hours in one (1) school month, or sixty-five (65) or more hours in a school year is submitted to a parent/guardian/or custodian;
B. when a child of compulsory school age has been absent without legitimate excuse from the public school the child is supposed to attend for thirty (30) or more consecutive hours, forty-two (42) or more hours in one (1) school month, or seventy-two (72) or more hours in a school year;
C. when a child of compulsory school age who has been adjudicated an unruly child for being an habitual truant violates the court order regarding that adjudication;
D. when an absence intervention plan has been implemented for a child under this policy.
This policy was developed after consultation with the judge of the juvenile court of Franklin, Delaware, and Union Counties, with the parents, guardians, or other persons having care of the students attending school in the District, and with appropriate State and local agencies.
Tracking Remote Attendance
Consistent with the District's remote learning plan (e.g., Blended Learning, Online Learning, etc.), the District will provide a variety of instruction models, including both teacher-led remote learning and self-directed remote learning.
Student attendance in teacher-led remote learning (synchronous web-based instruction) shall be tracked in the same manner as hourly, in-person instruction. Teachers shall determine hourly attendance by evidence of student login and logoff data.
In addition to the reasons listed at the beginning of this policy, absences from teacher-led remote learning (synchronous web-based instruction) may be considered excused under the following circumstances, with notice from a parent/guardian:
A. temporary internet outage for individual students or households;
B. unexpected technical difficulties for individual students or households, such as password resets or software upgrades occurring during a teacher-led remote learning lesson;
C. computer/device malfunction;
D. malfunction of a District-owned device for which the District is providing technical assistance, repair, or replacement.
Attendance in self-directed remote learning (asynchronous) shall be tracked by evidence of participation, which may include, but is not limited to:
A. daily logins to learning management systems;
B. daily interactions with the teacher to acknowledge attendance, which may include, but are not limited to, messages, emails, telephone calls, video chats or other formats that enable teachers to engage with students; and
C. assignment completion.
Revised 2/24/97
Revised 12/11/00
Revised 10/9/07
Revised 6/10/08
Revised 2/22/10
Revised 9/26/11
Revised 12/12/16
Revised 12/11/17
Revised 11/25/19
Revised 11/23/20
Revised 11/15/21
© Neola 2024
Legal R.C. 2151.011, 3313.668, 3317.034, 3321.01 et seq., 3321.13(B)(2), 3321.19, 3321.191
R.C. 3321.22, 3321.38, 3323.041
A.C. 3301-35-03, 3301-47-01, 3301-69-02
Policy 8310 - Public Records
Book Policy Manual
Section 8000 Operations
Title Public Records
Code po8310
Status Active
Adopted July 8, 1996
Last Revised January 13, 2025
8310 - PUBLIC RECORDS
The Board of Education is responsible for maintaining the public records of this District and to make such records available to residents of Ohio for inspection and reproduction in strict adherence to the State's Public Records Act.
The Board will utilize the following procedures regarding the availability of public records. "Public records" are defined as any document, device, or item, regardless of physical form or characteristic, including an electronic record created or received by or coming under the jurisdiction of the Board or its employees, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the District. "Electronic record" is defined as a record created, generated, sent, communicated, received, or stored by electronic means. "Public records" do not include medical records, documents containing genetic information, trial preparation records, confidential law enforcement investigatory records, educational support services data as defined by R.C. 3319.32, records the release of which is prohibited by State or Federal law, and any other exceptions set forth in R.C. 149.43. Confidential law enforcement investigatory records, medical records, and trial preparation records are as defined in R.C. 149.43. No public records, including but not limited to personnel records, personnel files, staff directories, and student records, shall include the actual/confidential addresses of students, parents, or employees who are participating in the Safe at Home/Address Confidentiality Program administered by the Secretary of State. Such public records and student records shall only contain the address designated by the Secretary of State to serve as the student’s, parent’s or employee’s address.
The District's public records shall be organized and maintained so that they are readily available for inspection and copying. As such, public records will be available for inspection during regular business hours, with the exception of published holidays. The District’s public records shall be promptly prepared and made available for inspection. A reasonable period of time may be necessary due to the volume of records requested, the proximity of the location where the records are stored, and/or for the District to review and redact non-public/confidential information contained in the record. Upon request, a person may receive copies of public records, at cost, within a reasonable period of time.
Each request for public records shall be evaluated for a response at the time it is made. Although no specific language is required to make a request, the requester must minimally identify the record(s) requested with sufficient clarity to allow the District to identify, retrieve, and review the record(s). If a requester makes an ambiguous or overly broad request or has difficulty in making a request for inspection or copies of public records such that the District's Record Officer cannot reasonably identify what public records are being requested, the District Record Officer or designee may deny the request but shall provide the requester with an opportunity to revise the request by informing the requester of the manner in which records are maintained by the District and accessed in the ordinary course of business. The request for records shall need not be in writing. The requester shall not be required to provide the requester's identity or the intended use of the requested public record(s).
At the time of the request, the records custodian shall inform the person making the request of the estimated length of time required to gather the records. All requests for public records shall be satisfied or acknowledged by the District promptly following the receipt of the request. If the request for records was in writing, the acknowledgment by the District shall also be in writing.
Any request deemed significantly beyond routine, such as seeking a voluminous number of copies and/or records, or requiring extensive research, the acknowledgment shall include the following:
A. an estimated number of business days necessary to satisfy the request;
B. an estimated cost if copies are requested;
C. any items within the request that may be exempt from disclosure.
The Superintendent is authorized to grant or refuse access to the records of this District in accordance with the law. Any denial, in whole or in part, of a public records request must include an explanation, including legal authority. If portions of a record are public and portions are exempt, the exempt portions are to be redacted and the rest released. If there are redactions, the requester must be notified of the redaction and/or the redaction must be plainly visible, and each redaction must be accompanied by a supporting explanation, including legal authority. If the request for records was in writing, the explanation shall also be in writing.
A person may obtain copies of the District’s public records upon payment of a fee. A person who requests a copy of a public record may request to have said record duplicated on paper, on the same medium on which the District keeps the record, or on any other medium in which the custodian of records determines that said record reasonably can be duplicated as an integral part of normal operations. A person who requests a copy of a public record may choose to have that record sent to him/her by United States mail or by other means of delivery or transmission provided the person making the request pays in advance for the said record as well as the costs for postage and the mailing supplies.
The number of records requested by a person that the District will transmit by U.S. mail shall be limited to ten (10) per month, unless the person certifies, in writing to the District, that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes. "Commercial" shall be narrowly defined and does not include reporting or gathering news, reporting gathering information to assist citizen oversight or understanding of the operation or activities of the District, or nonprofit educational research. (R.C. 149.43(B)(7))
Those seeking public records will be charged only the actual cost of making copies.
Documents in electronic mail format are records as defined by the Ohio Revised Code when their content relates to the business of the District (i.e., they serve to document the organization, functions, policies, decisions, procedures, operations, or other activities of the District). E-mail shall be treated in the same fashion as records in other formats and shall follow the same retention schedule.
Records in private e-mail accounts are subject to disclosure if their content relates to public business, and all employees or representatives of the District are responsible for retaining e-mails that meet the definition of public records and copying them to their District e-mail account(s) and/or to the records custodian.
The records custodian shall treat such e-mail/records from private accounts as records of the District. These records shall be filed appropriately, retained in accordance with the established schedules, and made available for inspection and copying in accordance with the Public Records Act.
Private e-mail, electronic documents, and documents ("private records") that do not serve to document the District's organization, functions, policies, decisions, procedures, operations, or other activities are not public records. Although private records do not fall under Policy 8310 or AG 8310A, they may fall under Policy 8315 – "Information Management" and/or AG 8315 – "Litigation Hold Procedure".
No public record may be removed from the office in which it is maintained except by a Board officer or employee in the course of the performance of the Board officer or employee's duties.
Nothing in this policy shall be construed as preventing a Board member, in the performance of the Board member's official duties, from inspecting any record of this District, except student records and certain confidential portions of personnel records.
A School District Records Commission shall be established consisting of the Board President, Treasurer/CFO, and Superintendent of Schools in accordance with law to judge the advisability of destroying District records. Record retention schedules shall be updated regularly and posted prominently. The Commission shall meet at least once every twelve (12) months.
The Superintendent shall provide for the inspection, reproduction, and release of public records in accordance with this policy and with the Public Records Law. Administrative guidelines shall be developed to provide guidance to District employees in responding to public records requests. The Superintendent shall require the posting and distribution of this policy in accordance with statute.
Revised 6/12/00
Revised 10/14/03
Revised 10/12/04
Revised 10/9/07
Revised 5/13/09
Revised 6/14/10
Revised 8/14/17
© Neola 2024
Legal R.C. 9.01, 102.03(B), 111.41, 111.42, 111.43, 111.46, 111.47, 111.99
R.C. 149.011, 149.41, 149.43, 1306.01, 1347 et seq., 3313.26
R.C. 3319.32, 3319.321
20 U.S.C. 1232g
29 C.F.R. Part 1635
42 U.S.C. 2000ff et seq., The Genetic Information Nondiscrimination Act