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INDEX 300 SERIES
STUDENTS
300 Compulsory School Attendance
301 Age of Attendance
302 Attendance by Non-Resident Students/Open Enrollment
303 Student Inter-Zone Transfers
304 Extracurricular Activities Participation
305 Intramural Activities
306 Eligibility of
Student Participation in Athletics
310 Employment Certificates
311 Student Achievement
312 Access to Instruction
315 Assignment, Promotion and Retention
316 Graduation
317 Graduation Special Education Students
318 Diplomas
325 Student Records
326 Confidentiality of Student Records
327 Disclosure of Student Names
333 Married / Pregnant Students
336 Student and School Rights and Responsibilities
337 Sexual Harassment – Students
338 Hazing
339 Searches of Students
340 Students Charged with Serious Crimes
341 Threats of Violence by Students
342 Activities
343 Intimidation and Hostile or Offensive Conduct
345 Corporal Punishment
346 Gang Activity
347 Weapons in School
348 Dress
349 School Uniforms
351 Student Publications
352 Distribution and Sale of Unauthorized Materials
354 Student Freedom of Expression
355 Equal Access for Student Groups
357 Student Immunizations
360 Student Transportation
369 Student Use of Tobacco Products
373 Policy on Resuscitation Orders
375 Release of Students
380 Closed Campuses
381 Parent or Student Grievance Procedure
382
Dysphagia Policy
383 Military Access to Students
Compulsory School
Attendance** 300-1
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All qualified students in the Taos Municipal School District, except those
exempted by law, regulations or rules, must enroll in school and are required to
attend school full time. A qualified student is a public school student who:
A. meets the minimum age of attendance as established by laws, regulations, and
rules of the State of New Mexico;
B. has not graduated from high school, and
C. is regularly enrolled in one-half (1/2) or more of the minimum course
requirements approved by the State Board of Education for public school
students.
Enforcement
The Taos Board of Education shall initiate the enforcement of the provisions of
the Compulsory School Attendance Law for students enrolled in the schools of the
district. To initiate enforcement of the provisions of the Compulsory School
Attendance Law, the Board of Education or its authorized representative shall
give written notice by certified mail or by personal service to the parent,
guardian, or one having custody of the person subject to the provisions of the
Compulsory School Attendance Law. Any person continuing to violate the
provisions of the Compulsory School Attendance Law, after receiving written
notice as provided by this section shall be reported to the Children’s Court
Division of the district court and shall be considered to be a neglected child
or a child in need of supervision and subject to the provisions of the
Children’s Code.
Exemptions
Any qualified student and any person who because of his/her age is eligible to
become a qualified student shall be excused from remaining in school until
attaining the age of majority is:
A. the person is specifically exempted by law;
B. the person has graduated from a high school;
C. the person is at least seventeen (17) years of age and has been excused by
the Board of Education or its authorized representative upon finding that the
person will be employed in a gainful trade or occupation or engaged in an
alternative form of education sufficient for the person’s educational needs and
the parent, guardian, or other person having custody and control consents;
Compulsory School Attendance**(continued) 300-2
D. with consent of the parent, guardian, or person having custody and control of
the person to be excused, the person is excused from the provisions of the
Compulsory School Attendance Law by the Superintendent of Schools and such a
person is under eight years of age, or
E. the person is judged, based on standards and procedures adopted by the State
Board of Education, to be unable to benefit from instruction because of a
specific disabling condition.
Travel
Alternate educationally rewarding experiences such as travel, when requested by
the parent(s) may be designated as an excused absence if approved by the
principal and the assigned schoolwork is completed.
References: NMSA 1978, Sections 22-12-1 to 22-12-7
Age of Attendance** 301
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Developmentally Disabled Pre-Kindergarten Children
Eligible students at minimum must have their third birthday during the school
year of enrollment.
Kindergarten
The student must have attained the fifth birthday prior to 12:01 a.m. September
1 of the year of enrollment.
First Grade
The student must have attained the sixth birthday prior to 12:01 a.m. September
1 of the year of enrollment. An exception will be made for any child who comes
to the district from another state having attended the first grade in that state
for not less than sixty (60) days and whose birthday falls on or before December
31 of the year of enrollment.
After completion of the first grade, children who apply for initial admission to
the Taos Municipal School District’s schools by transfer from non-public schools
or from schools outside the district will be initially enrolled at the grade
level they attained elsewhere pending evaluation by classroom teachers, guidance
personnel, where available, and the school principal. After such evaluations
have been completed the principal will determine the final grade placement of
the student.
Special Education
The school district provides “special educational” services additional to,
supplementary with, or different from those provided in the regular school
program by a systematic modification and adoption of instructional techniques,
materials and equipment to meet the needs of exceptional children.
No student shall be enrolled in special education who has already graduated, or
completed a planned program of study, or attained the age of twenty-two (22)
prior to the first day of that school year.
References: NMSA 1978, Sections 22-12-1 to 22-12-7
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Attendance by Non-Resident Students/Open Enrollment** 302-1
The Board of Education of the Taos Municipal Schools adopts the following policy
concerning the admission of school-age persons who do not live within the school
district pursuant to the terms of SB 64 or the 1998 New Mexico Legislature, also
known as the Open Enrollment Act, amending NM Statute 22-1-4, as amended by HB
46 of the 2000 New Mexico Legislature.
The Open Enrollment Act requires that a free public school education be
available to any school-age person who is a resident of New Mexico and who has
not received a high school diploma or its equivalent. This policy does not apply
to students who are not New Mexico residents. The Board of Education retains the
discretion to determine whether the school district has sufficient
accommodations to offer enrollment to students who are not residents of the Taos
Municipal School District.
Attendance Area
The attendance area of each school within the district shall be established
annually by the Board of Education.
Enrollment Priorities
In-state students shall be enrolled or re-enrolled in each of the district’s
schools according to the following:
1. First, persons residing within the attendance area of the school;
2. Second, persons who previously attended the school; and,
3. Third, all other applicants for enrollment at the school.
Transportation
Transportation shall be provided by the district for transportation-eligible
students residing within the attendance area of the school they attend.
Transportation of students residing outside the attendance area of the school
which they attend shall be the responsibility of the parent/guardian or student.
Maximum Class Size
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The Superintendent shall determine the maximum allowable class size in the
district by administrative regulation.
1. So long as maximum allowable class size established by the Superintendent or
as permitted by law is not exceeded by the enrollment of first-priority students
(those residing in the attendance area) the school shall continue to enroll
students on the basis of the priorities established in this policy.
2. If the maximum allowable class size would be exceeded by enrollment of an
applicant in the second or third priority category, the school may deny such
student enrollment.
3. Each school shall establish a waiting list of second and third priority
students who are seeking enrollment in the school and enter the names of such
students on the list in the order in which each student sought enrollment.
4. The Taos Municipal School Board of Education has established the minimum
class sizes listed in the following matrix. Schools may request a waiver from
the school board in order to meet special circumstances or student needs. The
maximum class size may be exceeded with a waiver from the New Mexico State
Department of Education.
CLASS SIZE
Subject/Grade Maximum Minimum Comment
Enrollment Enrollment
Kindergarten 20 12 The teacher is entitled to an instructional
assistant with a class load of 15 or more
students.
Grade 1 -- 15 The teacher is entitled to a full-time
instructional assistant with a class load of
21 or more students.
Grades 1-3 22 15 The average class load at an individual
elementary school shall not exceed 22
students.
Grades 4-6 24 18 The average class load at an individual
elementary school shall not exceed 24
students.
Grades 7-12 160 100 The daily teaching load shall not exceed
160 in all content areas except required
English courses. This requirement includes
Music, Physical Education and Art.
English/Math 135/27 90 The daily teaching load shall not exceed
7-8 135 students with a maximum of 27
students per class.
English/Math 150/30 100 The daily teaching load shall not exceed
9-12 150 students with a maximum of 30
students per class.
Denial of Enrollment or of Re-enrollment
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Notwithstanding any other provision of this policy, enrollment or re-enrollment
of a student to any Taos Municipal School may be denied by the principal of such
school on the following grounds:
1. The student seeking enrollment or re-enrollment has been expelled from
another school district in New Mexico or in any other state during the preceding
twelve (12) month period; or
2. The student’s behavior in a school district in New Mexico or in another state
during the preceding twelve (12) month period makes the student’s enrollment or
re-enrollment detrimental to the welfare or safety of other students or school
personnel.
Hearing and Appeal of Denial of Enrollment or of Re-enrollment
A student or the student’s parents or guardians may appeal a denial of
enrollment or of re-enrollment pursuant to the above paragraph addressing “the
denial of enrollment or of re-enrollment”, through the procedures established
from long-term suspensions and expulsions of students, provided, that when the
denial of enrollment or re-enrollment was based upon the student’s prior
expulsion from another New Mexico school district within the preceding twelve
(12) month period. The admission of evidence of such expulsion shall shift the
burden of proof to the student or parent(s)/guardian(s) to show that the student
should be admitted despite such expulsion. In proceedings regarding denials
under all other circumstances provided under the paragraph above, the burden of
sustaining the denial shall remain with the school.
References: NMSA 1978, Sections 22-12-1 to 22-1-4
Student Inter-zone Transfers
303
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Students may transfer to another school within the district other than the one
in whose zone they reside only if the transfer will not cause the number of
pupils in the classroom to exceed the number permitted by the state or by
federal comparability regulations or whether reasonable accommodations can be
provided by existing or established programs within that school or classroom. No
transportation will be provided for transfer students.
Transfer decisions may be delayed until after school has begun to ensure that
transfers will not result in overcrowding.
Transfer students may be required to move back to the school from which the
transfer was made if:
1. the classroom the transfer student is attending becomes overloaded as defined
by state standards;
2. the school the transfer student is attending becomes out of compliance with
federal comparability standards; or
3. the transfer student becomes a behavior and/or attendance problem.
Extracurricular
Activities Participation** 304
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Participation in extracurricular activities is contingent upon an acceptable
level of academic achievement. All class work counted for eligibility
determination must be acceptable as graduation credit.
Eligibility for participation by middle school students, grades 7 and 8, is
established by two standards:
A. The student must have passed a minimum of four (4) classes and not failed
more than one (1) during the immediately previous grading period or shall be
currently passing at least four (4) classes and not failing more than one (1)
during the current semester, and
B. Must have a grade point average of 2.0 or better for the immediately previous
grading period or during the current semester.
Eligibility for participation by students in grades 9-12 is established by two
standards:
A. The student must have passed a minimum of three classes and not failed more
than one during the immediately previous grading period or shall be currently
passing at least three (3) classes and not failing more than one (1) during the
current semester, and
B. Must have a grade point average of 2.0 or better for the immediately previous
grading period or cumulatively beginning with and including the second semester
or grade eight or during the current semester.
Non-resident students are prohibited from participation or practice in any
interscholastic athletics, drill teams or cheerleading squads until one full
semester’s attendance has been completed in the school to which the transfer was
granted or until the parents or legal guardian are residents in the Taos
Municipal School District, or until permission has been granted by the New
Mexico Activities Association.
All class work counted for eligibility must be acceptable for graduation. The
grade point average is based on a 4.0 scale with an allowance for consideration
of honors points. Special Education students shall comply with eligibility as
established by their IEP.
No student shall be absent from school for school-sponsored extracurricular
activities in excess of fifteen (15) days per semester, and no class may be
missed in excess of fifteen (15) times per semester. These provisions apply to
all extracurricular activities and may only be wavered by the State Secretary of
Education.
Any student who engages in extracurricular activities shall refrain from using
or possessing alcohol or drugs on or off campus.
Student activities at school are a vital part of the total educational program
and should be used as a means for developing wholesome attitudes and good human
relations, as well as knowledge and skills. The Board of Education believes that
school citizenship, as reflected in student activities, is a measure of the
achievement of important school goals.
The Board of Education further believes that any program of student activities
should:
A. Require all student extra curricular participation to be on a voluntary
basis.
B. Permit the formation of student clubs, and other organized groups to promote
or pursue specialized athletic, social service and social activities.
Two types of clubs or groups are permitted in the Taos Municipal Schools:
A. School-sponsored Clubs: Student clubs or groups that are sponsored by the
school because their purposes and goals are related to the school’s curriculum,
such as Spanish Club;
B. Outside Clubs or Groups: Youth clubs or groups, such as Boy Scouts and Girl
Scouts, which include students as members, but which are neither “sponsored” nor
“recognized” by the school, and which are merely permitted the use of school
facilities after school hours on an equal footing with other community groups.
Student Clubs shall be formed as follows:
A. Students who wish to form a School-Initiated Club shall make a request to the
Principal for approval and sponsorship.
B. Students who wish to form a Student-Initiated Club shall make a request to
the Principal or approval and recognition.
C. Both types of clubs must be open to all students on an equal basis, must be
voluntary, and must operate on the basis of the procedural guidelines
established by the student council acting in concert with the Principal.
D. School-Sponsored Clubs shall be assigned a faculty sponsor, and if no faculty
member is willing to accept such appointment, the formation of the club may be
delayed or denied.
E. Student-Initiated Clubs shall have assigned to them a faculty supervisor,
and, if the club is religiously oriented, the faculty member shall be limited to
non-participatory and custodial responsibilities; if no faculty member is
willing to accept such appointment, the formation of the club may be delayed or
denied.
F. Approval of the formation of any club shall not be denied on the basis of the
speech or viewpoint of the club or its members, except that such approval may be
denied if the proposed clubs meetings would materially and substantially
interfere with the orderly conduct of educational activity within the school, or
would impede the ability of the administration to maintain order and discipline
on school premises, to protect the well being of students and faculty, to assure
that attendance at religious meetings is voluntary, and to make such regulations
as required by consideration of space, safety, and the common good.
G. Lists of School-Sponsored Clubs, sponsored by the school, and of Outside
Clubs recognized by the school, will be maintained by the school.
Advertising in the school by Outside Clubs or Groups shall be limited to
announcements of the times and places of such clubs’ meeting as part of the
daily routine of the school in providing such information.
References: NMSA 1978, Sections 22-12-2.1
Intramural Participation 305
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Intramural participation by students in grades 4, 5, and 6 may be denied should
that student not meet the established grade criteria.
Eligibility of
Student Participation in Athletics
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1. A 2.0 minimum GPA, with no "P's"
on the quarterly report card must be maintained through the school year for a
student to participate in athletics. A quarterly report card that does not meet
these minimum requirements will cause a student not to be able to participate at
all in athletics until the next report card comes out.
2. Progress reports will be requested
every two weeks for all athletes, and if any progress report shows one more
"P's," or an overall GPA below 2.0 the student will be unable to participate in
competition but will be able to practice until the next progress report.
3. Each year ninth graders will be
able to participate in athletics unless or until their
first progress report shows that they have fallen below a 2.0 grade point
average or have an "P," regardless of their preceding nine weeks at the end of
8th grade.
4. For fall 2005 sports, all student
athletes must have a minimum of 2.0 GPA, with one "P" permitted, to begin
participation. Upon receiving the first progress report, the remaining
provisions of this section will apply.
5. Coaches are responsible for
monitoring students' grades through bi-weekly progress reports. If a student is
found to be failing in any class, they shall be suspended from competition until
grades are brought up to passing. If a student fails to hand-in a progress
report, they will be suspended from competition for that time period. This will
not affect ability to participate in practices.
Attendance
1. You may play in a game if you have not missed more than two full days
(excused within a week of competition. No student shall play if they are not
present for any classes on a day of and the day before competition, unless they
receive approval to play from the Athletic Director, after presenting a
verification of a medical appointment from a New Mexico licensed medical
professional for the day in question.
2. If a student is tardy (unexcused)
to classes more than three times within a week, they shall be suspended from
competition for the following week.
3. Any unexcused absence will result
in the athlete's suspension from competition for two weeks but he/she can
practice. Students cannot participate in athletics if suspended.
Employment Certificates** 310
Any student subject to the provisions of the Compulsory Attendance Law attaining
the age of fourteen (14) may be excused from full time school attendance by
issuance of a certificate of employment by the Superintendent of Schools. The
certificate of employment shall only be issued upon satisfactory assurance to
the Superintendent of Schools or authorized representative that the student will
be definitely employed in a gainful trade or occupation.
The certificate of employment shall contain the following information:
A. The name, age and residence of the person excused from full-time school
attendance;
B. By whom the person is to be employed or is employed;
C. The last grade attended by the student;
D. A statement that the person is excused from full-time attendance until the
certificate of employment is revoked, and
E. The signature of parent or guardian.
The same expectations relative to regular attendance, academic performance, and
the pursuit of a program designed to help the student earn a high school diploma
will apply to part-time students as apply to full-time students.
References: NMSA 1978, Section 22-12-6
STUDENT ACHIEVEMENT 311
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The Board recognizes that the key work of school boards is to establish and
promote a clear vision of student achievement as the top priority of the
district. Student achievement includes, but is not limited to, assessment
results, student attendance, dropout rates, graduation rates and postsecondary
admission.
The district’s program will be consistent with New Mexico Public Education
Department requirements and will be reflected in the curriculum and each school
sites Education Plan for Student Success.
In striving for continuous improvement in student achievement, the Board will
annually review district and individual school data and prioritize, allocate and
realign resources as necessary.
ACCESS TO INSTRUCTION 312
All students will have equal access to all curricular offerings within each
subject taught in their school building. Students will have comparable access to
the curricula of each subject regardless of the building in which they are
taught. The district, buildings and departments should organize instruction to
maximize the possibility of moving students across different strands of similar
courses as appropriate. All students will have access to courses that
effectively help them learn such academic skills that the Board has identified
as necessary educational outcomes for all students in the district.
Assignment, Promotion and
Retention 315
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Principals with the assistance of teachers shall determine all grade placements
of students. Room assignments of pupils shall be made by the principal.
The Board of Education acknowledges that the awarding of marks, retesting and
decisions relative to promotion or retention of students is a responsibility of
the teacher. It is the Board’s policy to support its professional staff in this
professional duty. The Board feels that the professional staff can be depended
upon to make all such decisions in the best interests of children. However, the
Board considers it important that parents be consulted and informed at an early
date when retention is advisable.
A student who fails to attain proficiency of content and performance standards
shall be referred for placement in an alternative or remedial program designed
by the school district.
Promotion and retention decisions affecting a student enrolled in special
education shall be made in accordance with the provisions of the individual
educational plan established for that student.
Parental refusal to allow a student to be retained in grades K-8 must be in a
written statement.
Graduation 316
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Graduation from the Taos Municipal Schools signifies that students have
satisfactorily completed the course of study and have passed any examinations
and have met all requirements established by the faculty, the Board of Education
and the State of New Mexico.
No student shall be granted a diploma unless he/she has completed the
twenty-three (23) required credits, which include credits earned in the 9th
grade, by graduation day.
Four of these credits may be earned through correspondence study from an
institution approved or accredited by a regional accrediting association or by
the New Mexico State Department of Education. Transfer students shall receive
credit for all course work completed with passing grades at private schools
similarly approved or accredited. Appropriate adjustments in awarding credit
will be made by (1) successful completion of college credit; (2) successfully
completing no more than four credits state-approved correspondence school
courses; (3) receiving a satisfactory grade from an accredited summer school
course (s); or (4) through an independent studies contract approved by the
Superintendent and recommended by the teacher involved, department chair, and
principal of the high school.
The high school staff and administration will make final decisions on credit to
be awarded, if any, for home study or from course-work at non-accredited
institutions.
A senior student, who fulfills all course credit requirements but does not
successfully pass the competency examination required by the State of New
Mexico, may receive a certificate of completion. Blank diplomas may not be
issued, nor shall any student who has not completed all requirements for
graduation be permitted to participate in graduation exercises.
The Board of Education expects that at the end of the fall semester each year,
the high school will make every reasonable effort to notify students and their
families if the stdent is in danger of failing to meet the requirements
established for participating in the graduation exercises and receiving a
diploma.
Graduation Requirements for Special Education Students** 317
The Individualized Education Program (IEP) team is responsible for determining
whether students with disabilities and receiving special education services have
completed a planned program of study making him/her eligible to receive a
diploma or certificate.
Upon completion of a planned program of study that meets the following
requirements of 6 NMAC 3.2.9.18.9, the student will be awarded a diploma:
• A standard program of study meeting or surpassing all requirements for
graduation based on New Mexico Standards for Excellence with or without
modification of delivery and assessment.
• A career readiness program of study based upon meeting the State Board of
Education’s Career Readiness Standards with Benchmarks as defined in the IEP.
• An ability program of study based upon IEP goals and objectives, referencing
skill attainment at a student’s ability level which may lead to meaningful
employment.
A student who receives special education services may be granted a certificate
when:
• The IEP team provides documentation and justification for the use of a
certificate for an individual student and a follow-up plan of action.
• A student who receives a certificate is eligible to continue receiving special
education services until receipt of a diploma or until the end of the academic
year in which the student turns 22. The receipt of a diploma terminates the
service eligibility of students with special needs.
References: 6 NMAC 3.2.9.18.9
Diplomas** 318
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All diplomas awarded by the Taos Municipal School District must be identical in
appearance, content, and effect, except that symbols or notations may be added
to individual student’s diplomas to reflect official school honors or awards
earned by students.
References: 6 NMAC 3.2.9.18.9
Student Records 325
All schools within the Taos Municipal School District shall maintain a
cumulative record folder for each student. The cumulative record folder shall
contain all permanent written records directly related to a student that are
kept by the respective school unit, with the exceptions noted in policy 326.
For a variety of reasons parents or guardians sometimes choose to have their
children called other than their legal surnames. This is permissible but shall
be done only when it has been ascertained that it is the request of the legal
guardian. It shall be the policy of the Taos district to recognize the wishes of
the person having custody. However, for future verification and identification,
the legal name shall also be included on any permanent records.
See policies: 326, 327
Confidentiality of
Student Records** 326-1
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The Taos schools shall make every effort to comply with the Family Educational
Rights and Privacy Act and to keep student records confidential.
Classification and Maintenance of Records
A. The schools shall maintain a cumulative folder for each student. The
cumulative record folder shall contain all the written records directly related
to a student that are kept by the school unit except:
1. records kept by teachers, counselors, or supervisory or administrative
personnel that are in the sole possession of the maker and are not revealed to
any other person except a substitute;
2. employment records of student employees if those records relate exclusively
to the student in the capacity as an employee are not made available for any
other use; and
3. records kept by a law enforcement unit of the school is they are maintained
solely for law enforcement purposes, and are not disclosed to anyone other than
law enforcement officials of the same jurisdiction, and if the law enforcement
officers do not have access to the student’s cumulative folder.
B. The following types of records are kept in cumulative record folders:
1. Identification information, including name, sex, race, birthplace, and birth
date
2. Family data
3. Medical health records and emergency medical information
4. Attendance records
5. Scholastic records
6. Standardized test scores
7. Records of interest, activities, and honors
8. Records of educational or vocational plans
9. Teacher evaluations if shared with anyone else
10. Counselor evaluations if shared with anyone else
11. Information pertaining to special services provided for students
12. Records of incidents of unsatisfactory behavior
13. Other educational records kept by individual school units
C. Cumulative record folders shall be kept in the office of the principal of the
school that the student attends. If the student no longer attends a school
within the district, the cumulative record folder shall be stored in a central
location.
D. The principal of each school is responsible for maintaining the cumulative
record folders of students attending that school.
E. Unnecessary and outdated material may be deleted from the student’s record at
any time except when a request for a review by a parent or student is pending.
At a minimum, the student’s records shall be reviewed for unnecessary and
outdated information when the student completes elementary school, middle
school, and high school.
Rights of Parents to Review and Inspect Records
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A. Those who have the right to inspect and review the cumulative record folder
kept about the student include (1) parents of students who are under eighteen
(18) years of age, (2) parents who claim students who are at least 18 as
dependents under the Internal Revenue Code, and (3) students who are at least
18.
B. It is presumed that parents of students who have not yet reached the age of
21 who are currently attending school claim the student as a dependent for tax
purposes. Any student (between the ages of 18 and 21 – at least 18 years of age
attending a school within the district) who does not want the parents to have
access to the cumulative folder must so inform the principal of the school where
the records are kept and prove that the student is not a tax dependent of the
parents. If a parent of a student (who is at least 21 or who is at least 18 and
no longer attending a school within the district) wishes to inspect and review
the student’s cumulative record, the parent must prove to the principal that the
student is claimed as a dependent for federal income tax purposes.
C. Parents or eligible students who wish to inspect and review the cumulative
record folder shall submit a request in writing to the principal of the
student’s school. When the principal receives a written request for review of
the records from a parent or student who has a right to inspect the records, the
principal shall schedule the review. The appointment date should be as early as
possible but never later than fifteen (15) days after the request. The
inspection and review shall be made in the office of the principal or at another
designated place.
D. A school official competent in interpreting student records shall be present
to explain the implications of the records that are examined.
E. Parents or eligible students who wish to inspect records and live within
fifty (50) miles of the place where the records are kept must do so at the place
designated by the school. After the inspection, they may request copies of the
records they inspected. Parents or students who live farther than 50 miles from
the place where the records are kept may request copies of the records without
first inspecting them at the school or central office. The copies shall be sent
by registered mail, return receipt requested.
F. The Board of Education additionally grants to all students of any age the
right to inspect the contents of the student’s cumulative record folder, but
only in the presence of a building administrator or counselor.
Hearing to Correct Inaccuracies
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A. Parents of a student who has not yet reached the age of 18 and an eligible
student have the right to challenge the content of records in the student’s
cumulative record. A parent or student who believes that information contained
in the student’s cumulative record folder is inaccurate or misleading or
otherwise violates the student’s rights may request, in writing, that the
records be amended by the principal of the school where the records are kept.
Not later than five (5) school days after receipt of a request to amend, the
principal shall decide whether to amend the records in accordance with the
request. If the principal finds that the challenge is not justified, the
principal shall inform the person who made the request of the finding and shall
also inform that person of the right to request, in writing, a hearing before
the Superintendent of Schools or a designee. If a parent or eligible student
requests a hearing, the hearing officer shall set a date for the hearing as soon
as possible but not more than ten (10) school days after the request for the
hearing was made and shall give the parent or the student at least two (2)
school days advance written notice of where and when the hearing will be held.
At the expense of the parent or student an attorney or anyone else of their
choice may assist at the hearing.
B. The hearing officer shall render a written decision as soon as possible and
must make it within five (5) school days after the hearing. The decision shall
be based only on evidence presented at the hearing and shall include a summary
of this evidence and the reasons for the decisions.
C. If the hearing officer decides that the information is not inaccurate or
misleading or does not otherwise violate the student’s rights, the parent or
student shall be notified of that decision. At the same time, the parent or
student shall be informed of the right to submit to the principal of the school
where the records are kept a statement of objection of reasonable length to the
information contained in the records. Any explanation submitted by the parent or
student shall be placed in the student’s cumulative record folder, shall be
disclosed by the school whenever
the contested portion of the cumulative record is disclosed, and shall not be
destroyed unless the contested portion of the cumulative record is destroyed.
D. A parent or student who is dissatisfied with the decision of the hearing
officer may appeal to the Board of Education within fifteen (15) days. The
review shall be on the record and not a de novo hearing.
Disclosure to Person Other Than Parents or Students
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A. Persons Authorized to Have Access. Schools within the district may, without
the consent of either the student or the parent, disclose information kept in
the student’s cumulative record folder to the following persons:
1. School officials who have a legitimate educational interest in examining the
information. The term school official includes any teacher, administrator,
assigned student teacher, intern, teacher aide, or other professional employee
of the district and members of the Board of Education. The principal of the
school where the records are kept determines whether a school official is
seeking the information to carry out official duty and whether the specific
information sought will help in carrying out that duty.
2. Authorized representatives of the Comptroller General of the United States;
the Secretary of the U. S. Department of Health and Welfare; the Secretary of
the U. S. Office of Education; or officials of the New Mexico State Department
of Education, if they seek the information in connection with either the audit
and evaluation of state or federally funded programs or the enforcement of state
or federal legal requirements that relate to these programs.
3. Accrediting organizations that seek the information to carry out their
accrediting functions.
4. Persons or organizations conducting studies for or on behalf of the school
administrative unit or another educational agency to develop or validate
predictive tests, administer student aid programs, or improve instruction. Any
report released on the basis of data collected under this paragraph may not
include information that personally identifies students or their parents.
5. Persons who seek the information in connection with a student’s application
for, or receipt of, financial aid.
6. Officials of another school in which the student seeks or intends to enroll.
After the principal receives a request from another school in which the student
seeks or intends to enroll, the principal of the school where the records are
kept shall forward the cumulative record folder without notifying the parents or
student of the transfer or seeking their consent. If the parents or the eligible
student so request, the principal shall furnish them an unofficial copy of the
records to be transferred and give them an opportunity to correct any
inaccuracies in accordance with the procedure set out in Rights of Parents to
Inspect Records.
7. Persons who seek information in connection with a health or safety emergency
that threatens the health or safety of the student or other persons.
ALL EMPLOYEES WHO HAVE ACCESS TO STUDENT RECORDS ARE DIRECTED BY THE BOARD OF
EDUCATION TO MAINTAIN THE MOST SCRUPULOUS PROTECTION OF INFORMATION IN THOSE
RECORDS WHICH IS OF A SENSITIVE AND PRIVATE NATURE.
B. Directory Information. The schools may disclose directory information about a
student without the consent of either the student or the parent unless the
parent or student has properly objected to the release. Directory information
includes the following:
1. Student’s name
2. Grade in school
3. Name of student’s school
4. Eligibility and participation in officially recognized activities and sports
5. Weight and height of members of athletic teams
6. Honors and awards received
7. Identification in photographs depicting school programs or activities
C. Parental or Student Consent. No one else may have access to personally
identifiable information from the cumulative record folder, other than directory
information, except under one of the following circumstances:
1. When proper written consent to the release of such records has been obtained.
If the student is not yet 18, one of his parents must consent to the release. If
the student is 18 or older, the student must consent to the release. The consent
must be signed and dated and must specify the records to be disclosed, the
purpose for disclosure, and the persons or class of persons to whom the
disclosure may be made. Upon request, the school shall supply a copy of records
released to the parent or the student who gave the consent. If the parent gives
consent for a student, the parent may request that a copy of the records
released be given to the student even though the student is not yet 18.
2. To comply with a court order or lawfully issued subpoena. Upon receipt of a
court order or subpoena, the principal of the school where the records are kept
shall immediately send written notice to the student’s parents or to the
eligible student at their last known address that a court order or subpoena has
been received.
When a school official discloses information from the student’s cumulative
record folder, other than directory information, to anyone other than the
parents of the student, the student himself, or other school officials, the
office shall inform the person who receives the information that it may not be
transferred to any other party without the consent of the parents or the
eligible student.
D. Inspection Log. The principal shall maintain in each cumulative record
folder, for which the principal is responsible, a cumulative record inspection
log. The inspection log shall include the name and reason for inspection of each
person who requests access to the cumulative record, but shall not include
disclosures to the parents, the student, school officials, or persons who have
student or parent consent or disclosures of directory information. The
inspection log may be inspected by the student’s parents or the eligible
student.
Waiver of Rights
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Parents of a student or an eligible student may waive any of their rights under
this policy. A waiver of rights must be in writing, must be by the parents or
the student, and must specify the rights to be waived. A waiver is effective
until revoked in writing. If a parent executes a waiver, the student may revoke
it when reaching the age of eighteen years.
Notice to Parents and Students
Annual notice of this declaration of compliance with the Family Educational
Rights and Privacy Act (FERPA) shall be made by the Board of Education and said
declaration shall be published in a newspaper of daily circulation.
References: Family Educational Rights and Privacy Act (FERPA)
See policies: 325, 327
Disclosure of Student Names**
327
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Pursuant to State Regulation 93-17, no district employee, board member or school
volunteer shall sell or use student lists or disclose the name of any student
for the purpose of marketing goods or services directly to students or their
families by means of telephone or mail.
The exceptions to this policy are when a parent or student authorizes in writing
the release of a student’s name for any of the following legitimate educational
purposes:
1. Regionally accredited colleges and universities,
2. Accredited post-secondary and vocational educational entities,
3. Accredited public educational entities providing adult basic educational
opportunities,
4. Educational entities offering continuing education opportunities for licensed
and/or non-licensed faculty and staff,
5. Educational entities offering tour/travel opportunities which result in
educational credits through a regionally accredited college or university, or an
accredited post-secondary or vocational school,
6. The Armed Forces of the United States offering educational programs and/or
opportunities within the military.
References: State Regulation 93-17
See policies: 325, 326
Married/Pregnant Students 333
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Keeping in mind that the schools’ main function is to provide educational
opportunities to all students, the Taos Board of Education ensures that married
students shall have the same educational opportunities in the school system as
unmarried students.
Married, male or female, students and unmarried pregnant students shall not be
excluded from participation in, be denied the benefits of, be treated
differently from another student or otherwise discriminated against in any
interscholastic, intramural and extracurricular activity offered by the Taos
Municipal School District.
Student
and School Rights and Responsibilities ** 336-1
Statement of Policy
A primary responsibility of the Taos Municipal Schools and their professional
staff shall be to instill in students an appreciation of our representative form
of government, the rights and responsibilities of the individual, and the legal
processes whereby necessary charges are brought about.
The school is a community and the rules and regulations of a school are the laws
of that community. All persons enjoying the rights of citizenship are subject to
the laws of their community. Each right carries with it a corresponding
obligation.
The right to attend public school is not absolute. It is conditional on each
student’s acceptance of the obligation to abide by the lawful rules of the
school community until and unless the rules are changed through established
processes.
Teachers, administrators, and other school employees also have rights and
duties. Teachers are required by law to maintain a suitable environment for
learning in their classes and to assist in maintaining school order and
discipline. Administrators are responsible for maintaining and facilitating the
educational program by ensuring an orderly, safe environment in the public
schools. In discharging their duties, all school employees have the right to be
free from intimidation or abuse and to have their lawful requests and
instructions followed by students.
The schools have both the authority and responsibility to ensure that suitable
rules of student conduct and appropriate disciplinary processes are established.
General Provisions
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A. Jurisdiction Over Students
All officials, employees, and authorized agents of the Taos Municipal Schools
whose responsibilities include supervision of students shall stand in loco
parentis with regard to any students whom they are required to supervise
whenever students are lawfully subject to school control, regardless of place.
During such periods, district authorities shall have the right to supervise and
control the conduct of students, and students shall have the duty to submit to
the schools’ authority.
B. School Authority Over Non-Students
School officials have the following forms of limited authority over non-students
whose actions adversely affect school operations or activities.
Student and School Rights and Responsibilities** (continued) 336-2
1. On School Property
The Taos Board of Education has the authority to prohibit entry to and the
removal from any school building, grounds or facilities of any person who
refuses to identify him/herself and state a lawful purpose for being present.
Any person who refuses to do so may be removed by school authorities, who may
use such reasonable force as is necessary to accomplish the removal.
Alternately, a person who refuses to do so and who also refuses a lawful request
to leave school premises may be subject to arrest by law enforcement authorities
for a variety of possible criminal offenses, including but not limited to
interference with the educational process, disorderly conduct or criminal
trespass. A person who identifies him/herself and states a lawful purpose may,
nevertheless, be subject to removal by school officials for engaging in
prohibited activities as defined in this policy or to arrest by law officers if
he/she is also engaging in criminal activity.
2. Off School Property
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Taos School authorities have indirect and limited authority over the activities
of non-students off school property. To the extent that non-students’ conduct at
or near schools or school-sponsored activities may constitute a criminal
offense, including the crimes of disorderly conduct, criminal trespass (after
refusing a lawful custodian’s request to leave) or interference with the
educational process, school authorities may request the assistance of law
enforcement agencies to remove or arrest the offenders.
C. Definitions
For the purpose of this policy, any words, terms, or phrases defined herein
shall have the meanings stated:
1. “Administrative Authority” means the Superintendent, a principal, or a person
authorized by either to act officially in a manner involving school discipline
or the maintenance of order.
2. “NMSA 1978” means the 1978 compilation of New Mexico Statutes Annotated.
3. “Parent” means the natural parent, a guardian, or other person or entity
having custody and control of a student who is subject to the Compulsory
School Attendance Law, or the student himself if he/she is not subject to
compulsory attendance.
4. “Public School” means the campus of and any building, facility, vehicle, or
other item of school property owned, operated, controlled, or in the possession
of the district. For purposes of student discipline, the term also includes any
non-school premises being used for school-sponsored activities.
5. “Student” means a person who is enrolled in one or more classes in the school
system or a person who was a student during the previous school year, and is
participating in a school-sponsored activity connected with his or her prior
status as a student.
Rules of Conduct for the Taos Municipal Schools
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The following acts are prohibited in all schools within the district.
A. Prohibited Activities
The commission of or participation in the activities designated and defined
below is prohibited in all public schools in the district and is prohibited by
students whenever they are subject to the control of school authorities.
1. Acts Prohibited by this Policy
a. Criminal and delinquent acts which include, but are not limited to:
(1) Willful interference with the educational process of any public school,
threatening to commit or inciting others to commit any act which would disrupt,
impair, interfere with or obstruct the lawful mission, processes, procedures, or
functions of a public school; impair, interfere with or obstruct the lawful
mission, processes, procedures, or functions of a public school;
(2) Arson;
(3) Assault and/or battery;
(4) Criminal damage to property;
(5) Criminal libel;
(6) Criminal trespass;
(7) Unlawful assembly or disturbing lawful assembly;
(8) Extortion;
(9) Larceny, robbery or burglary;
(10) Illegal sale, possession, transportation or use of
(a) alcoholic beverages, controlled substances,
(b) firearms or other weapons, or
(c) explosives;
(11) Possession or use of tobacco products;
(12) Sexual harassment or misconduct;
(13) Hazing;
(14) Gang activity.
b. Disruptive conduct includes, but is not limited to:
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(1) Willfully obstructing or preventing freedom of movement or use of property,
facilities, or parts of any public school, or the right of ingress or egress;
(2) Willfully committing any act which does, attempting, threatening or inciting
others to commit any act which would reasonably be expected to disrupt, impair,
interfere with or obstruct the lawful mission, purposes, processes or procedures
of the schools;
(3) Willfully impairing the ability of the schools in their efforts to provide
instruction.
c. Refusal to identify self;
d. Refusal to cooperate with school personnel covers situations where students
willfully disobey lawful instructions or orders from school personnel or agents
such as volunteer chaperons whose responsibilities include supervision or
students. This regulatory offense includes, but is not limited to, a student’s:
(1) Willfully refusing a direction to cease any conduct which a supervisory
person in charge of a class or other activity has clearly identified to the
student as a hindrance to the activity;
(2) Willfully refusing a direction to cease engaging in disruptive conduct;
(3) Willfully refusing or failing to leave a school facility or school-sponsored
activity after being directed to do so by an administrative authority;
(4) Willfully refusing or failing to abide by restrictions on student
privileges or other lawful conditions imposed by an administrative authority as
a disciplinary measure.
2. Definitions for Prohibited Acts
a. “Criminal Acts” are acts defined as criminal under the Criminal Code and the
Liquor Control Act. Such acts include the crime of willful interference with the
educational process of any school within the district.
b. “Disruptive Conduct” means willful conduct which
(1) materially and in fact disrupts or interferes with the operation of the
public schools or the orderly conduct of any public school activity, including
individual classes, or
(2) leads an administrative authority reasonably to forecast that such
disruption or interference is likely to occur unless preventive action is taken.
c. “Refusal to Identify Self” means a student’s willful refusal, upon request
from school personnel known or identified as such to the student, to identify
himself or herself accurately.
d. “School Personnel” means all members of the staff, faculty, and
administration employed by the Board of Education, and includes bus drivers and
their aides. The term also includes authorized agents, such as volunteer
chaperons, whose responsibilities include supervision of students.
e. “Refusal to Cooperate and School Personnel” means a student’s willful refusal
to obey the lawful instructions or orders of school personnel whose
responsibilities include supervision of students.
B. Regulated Activities
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All other areas of student conduct shall be regulated within legal limits by the
Board of Education, as they deem appropriate. Conduct by non-students which
affects school operations shall be regulated within legal limits pursuant to any
of the forms of authority described above.
1. Legal Limits
“Legal Limits” include the requirements of the federal and state constitutions
and governing statutes, standards, and regulations, and also include the
fundamental common-law requirement that rules of student conduct be reasonable
exercises of the schools’ authority in pursuance of legitimate educational and
related functions.
2. Activities Subject to Board Policy within legal limits include, but are not
limited to:
a. School Attendance
b. Use of and access to the public buildings, including:
(1) restrictions on vehicular traffic on school property;
(2) prohibition of or conditions on the presence of non-school persons on school
grounds or in school buildings while school is in session, and
(3) reasonable standards of conduct for all persons attending school-sponsored
activities or other activities on school property;
c. Student’s dress and personal appearance;
d. Speech and assembly within the district’s schools;
e. Publications distributed in the district’s schools;
f. Participation in extracurricular activities;
g. The existence, scope and conditions of availability of student privileges.
Enforcing Rules of Conduct
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A. Basis for Disciplinary Action
A student may appropriately be disciplined by administrative authorities for
violating rules governing “prohibited” or “regulated” activities as defined in
this policy or in other rules of conduct promulgated by an administrative
authority pursuant to the authorization of the Taos Board of Education. The
existence of a specific rule is not a prerequisite for disciplining a student
for conduct which endangers the health or safety of students, school personnel,
or others for whose safety the public school is responsible or for conduct which
reasonably appears to threaten such dangers if not restrained.
B. Selection of Disciplinary Sanctions
Within legal limits, the Board of Education has the discretion to determine the
appropriate sanction(s) to be imposed for violations of rules of student
conduct. The Board authorizes administrative authorities to make such
determinations at such levels and in such decisional framework(s) as
appropriate.
1. School Discipline and Criminal Charges
Appropriate disciplinary actions may be taken against students regardless of
whether criminal charges are also filed in connection with an incident.
2. Nondiscriminatory Enforcement
Administrative authorities shall not enforce school disciplinary rules or impose
punishments in a manner which discriminates against any student on the basis of
race, religion, color, national origin, ancestry, sex, or handicap, except to
the extent otherwise permitted or required by law or regulation. This policy
shall not be construed as requiring identical treatment of students for
violation of the same rule; it shall be read as prohibiting differential
treatment which is based on race, religion, color, national origin, ancestry,
sex, or handicap rather than on other differences in individual cases or
students.
3. Corporal Punishment
The Taos Board of Education forbids corporal punishment for behavior
modification. The Board encourages the development and use of other effective
means of maintaining orderly, safe schools.
4. Detention, Suspension and Expulsion
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Where detention, suspension, and/or expulsion is determined to be the
appropriate penalty, it may be imposed only in accordance with procedures that
provide at least the minimum safeguards prescribed below. Suspensions or
expulsions of special education students shall be subject to the further
requirements of the following subsection.
5. Discipline of Special Education Students
Special Education students are not immune from school disciplinary processes,
nor are they entitled to remain in a particular educational program when their
behavior substantially impairs the education of other children in the program.
However, the individual educational needs of exceptional children must be met to
the extent that state and federal law requires. Accordingly, before a long-term
suspension or expulsion may be imposed on a special education student, school
authorities shall seek to determine whether the objectionable conduct is caused
by a failure to provide the student with an appropriate educational plan.
a. Long-term suspensions or expulsions of students who have been eligible for
special education services are equivalent to changes in educational placement
and therefore require special consideration. Long-term suspensions or expulsions
shall be governed by the following guidelines. However, an alternative procedure
which has been approved in writing by the Superintendent of Public Instruction
may be substituted.
(1) The following rules apply to proposed long-term suspensions or expulsion of
students who have been evaluated and determined to be eligible for special
education services in accordance with the State Board of Education regulations.
A student who is waiting or undergoing evaluation but has not yet been
determined to be eligible for special services may be suspended long term or
expelled under normal procedures, but the evaluation process must hen run its
course to a determination whether the student is eligible. If so, the
Educational Appraisal and Review (EA&R) Committee shall determine the most
appropriate placement and its effective date. The EA&R Committee’s decision
shall supersede the disciplinary proceedings if they are in conflict.
(2) EA&R Review. A student eligible for special education services shall not be
suspended long-term or expelled unless the appropriate EA&R Committee has first
reviewed the case and determined that the behavior was not due to the student'’
handicapping condition. The EA&R Committee is required to report its findings to
the designated hearing authority.
(3) Nature of Inquiry. The committee shall inquire generally whether the
student’s objectionable conduct might reasonably be ascribed to the schools’
failure appropriately to address the student’s individual educational needs.
Given this event, a new Individual Education Program
Student and School Rights and Responsibilities** (continued) 336-9
(IEP) and/or instructional placement that provides a better likelihood of
success shall be implemented.
(4) Alternative Methods of Review. If the EA&R Committee determines and
undertakes to change the student’s educational placement, the disciplinary
proceedings shall end and the placement decision may be challenged and reviewed
as prescribed in New Mexico special education regulations. If the EA&R Committee
does not find the misconduct to be part of the student’s handicapping
conditions, the disciplinary proceedings continue. If the student invokes the
right of review, the review authority, in addition to the normal review
responsibilities, shall perform the function of a special education hearing if
the student and/or parent challenge the EA&R Committee’s decision as incorrect.
(5) Stay-Put Rule. If the parent(s) request a review, the student must remain in
the placement listed in EA&R in force at the time of the misconduct. A student
may not be placed elsewhere or long-term suspended or expelled before the review
is completed unless the parent(s) agree. If a student presents a danger to self
or others, the Taos Municipal School District may request the district court to
waive the Stay-Put Rule. (See paragraph d. below, next page.)
b. Temporary Suspensions of students who are eligible for special education
services may be imposed in accordance with the normal procedures prescribed
below, provided that the student is returned to the same educational placement
after the temporary suspension and unless a temporary suspension is prohibited
under under the provisions of the next paragraph.
c. Program Prescriptions. A special education student’s individual educational
program (IEP) need not affirmatively authorize disciplinary actions which are
not otherwise in conflict with this regulation. However, the EA&R Committee may
prescribe or prohibit specified disciplinary measures by including appropriate
provisions in a student’s IEP. Administrative authorities shall adhere to any
such provisions contained in a special education student’s IEP, except that an
EA&R Committee may not prohibit the initiation of proceedings for long-term
suspension or expulsion which are conducted in accordance with this regulation.
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d. Immediate Removal. Nothing herein shall be construed as limiting the
administrative authority’s ability to remove a special education student from
school immediately under emergency conditions. However, an EA&R meeting shall be
held within ten (10) days of removal to determine whether the misconduct is part
of the student’s handicapping condition. If the behavior is due to the
handicapping condition, an alternative placement must be implemented prior to
accumulation of ten (10) days of suspension.
C. Search and Seizure
A student’s person or property while under the authority of the schools, and
school property assigned to a student, are subject to search, and items found
are subject to seizure. (See policy 339.)
D. Enforcing Attendance Requirements
The Taos Board of Education shall initiate the enforcement of the provisions of
the Compulsory School Attendance Law for students enrolled in the Taos Schools.
An administrative authority who has reason to believe a student is violating the
Compulsory Attendance Law shall:
1 Initiate the prescribed statutory procedures for enforcement by sending
written notice by certified mail to the parent, and
3. Proceed with whatever administrative sanctions are considered appropriate. If
the violation continues after the parent has received the written notice, the
administrative authority shall report the matter to the local Children’s Court
as required by statute. If there is an indication that the continued violation
can be ascribed to the parents’ act or omission, the administrative authority
shall also consider whether to seek or initiate a criminal action against the
parent.
D. Procedure for Detentions, Suspensions, and Expulsions
The authority of the Board to prescribe and enforce standards of conduct for
students must be exercised consistently with the constitutional safeguards of
individual student rights. The right to a public education is not absolute; it
may be taken away, temporarily or permanently, for violation of school rules.
But it is a property right which may only be denied where school authorities
have adhered to the procedural safeguards required to afford students due
process of law.
The administrative authority shall have the power to suspend from the privileges
of the school any student guilty of gross misconduct or continual
insubordination to school organization and/or regulations. Any student who is
disruptive to other students with particular reference to gang activity,
vandalism, truancy, fighting, gambling, insubordination, hazing, foul and
abusive language, sexual harassment, use of drugs or alcohol or possession of
weapons may be suspended at the option of the building principal and the
Superintendent of Schools, subject to certain conditions for reinstatement.
When a student is suspended or expelled from school, he is not to be on any
school campus or attend any school-sponsored activity for the duration of the
suspension or expulsion. Failure to comply may result in legal or other
disciplinary action against the student.
The right to expel a student, however, is a power retained by the Taos Board of
Education.
1. Immediate Removal. “Immediate Removal” means the removal of a student from
school for one school day or less under emergency conditions and without a prior
hearing. Students whose presence poses a continuing danger to persons or
property or an ongoing threat of interfering with the educational process may be
immediately removed from school, subject to the following rules:
a. A rudimentary hearing, as required for temporary suspensions, shall follow as
soon as possible.
b. Students shall be reinstated after no more that one school day unless within
that time a temporary suspension is also imposed after the required rudimentary
hearing.
c. As soon as practicable, the school shall exert reasonable efforts to inform
the student’s parent(s) of charges against the student and the action taken. If
direct contact is not established by the middle of the school day following the
immediate removal, the school shall prepare a written notice with the required
information and deposit the notice for mailing to the parent’s address of
record.
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2. Temporary Suspension. “Temporary Suspension” means the removal of a student
from school for a specified period of ten (10) school days or less after a
rudimentary hearing conducted in accordance with the requirements below.
A student facing temporary suspension shall first be informed of the charges
against him or her and if she/he denies them shall be told what evidence
supports the charge(s) and be given an opportunity to present his/her version of
the facts. The following rules apply:
a. The “hearing” may be an informal discussion and may follow immediately after
the “notice” is given.
b. Unless the administrative authority decides a delay is essential to permit a
fuller explanation of the facts, this discussion may take place and a temporary
suspension may be imposed within minutes after the alleged misconduct has
occurred.
c. A student who denies a charge of misconduct shall be told what act(s) he/she
is accused of committing, shall be given an explanation of the evidence
supporting the accusation(s), and shall then be given the opportunity to explain
his or her version of the facts. The administrative authority is not required to
divulge the identity of informants other than school personnel. She/he is
required to disclose the substance of all evidence on which she/he proposes to
base a decision in the matter.
d. The administrative authority is not required to allow the student to secure
counsel, to confront or cross-examine witnesses supporting the charge(s) or to
call witnesses to verify the student’s version of the incident, but none of the
foregoing is prohibited.
e. The school shall exact reasonable efforts to inform the student’s parent(s)
of the charges against the student and their possible or actual consequence as
soon as practicable. If direct contact has not been established by the end of
the first full day of suspension, the school shall on that day deposit a written
notice with the required information for mailing to the parent’s address of
record.
3. In-School Suspension. “In-school suspension” means suspending a student from
one or more regular classes while requiring the student to spend the time in an
alternate classroom or other designated area at the same school or elsewhere.
In-school suspension may be imposed with or without further restrictions or
student privileges. Any student who is placed in an in-school suspension which
exceeds ten school days must be provided with an instructional program that
meets both local educational requirements and the Educational Standards for New
Mexico Schools. Student privileges, however, may be restricted for longer than
ten (10) days.
In-school suspensions of any length shall be accomplished according to the
procedures for a temporary suspension as outlined above.
4. Detention. “Detention” means requiring a student to remain inside or
otherwise restricting his or her liberty at times when other students are free
for recess or to leave school. Detention may be imposed in connection with
in-school suspensions, but is distinct from in-school suspension in that it does
not entail removing the student from any of his or her regular classes.
5. Long-term Suspension and Expulsion. “Long-term suspension” means the removal
of a student from school for a specified time exceeding ten (10) days.
“Expulsion” means the removal of a student from school either permanently or for
an indefinite time exceeding ten (10) school days. The Superintendent or his/her
designee will initiate procedures leading to long-term suspensions or expulsion.
A temporary suspension may be imposed while the procedures for long-term
suspensions or expulsion are activated. However, where a decision following the
required formal hearing is delayed beyond the end of the temporary suspension,
the student must be returned to school pending the final outcome of the hearing.
a. Definitions.
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(1) Hearing Authority: Disciplinarian. “Hearing Authority” means the
Superintendent or his/her
designee who is designated to hear evidence and determine the facts of a case at
a formal hearing authority. The same person will perform both functions, but no
person shall act as hearing authority, or disciplinarian, in a case in which (s)he
has previously been involved, except as an initiating administrative authority.
(2) “Review Authority” is the Board of Education who will review the hearing
authority’s final decision to impose a long-term suspension or expulsion if the
aggrieved student, after the formal hearing, wishes to exercise this right to
review the decision.
b. Initiation of Procedures. An administrative authority shall initiate
procedures for long-term suspension or expulsion of a student by designating a
hearing authority and disciplinarian, scheduling a formal hearing in
consultation with the hearing authority and preparing and serving a written
notice meeting the requirements below.
(1) Service of Notice. The written notice shall be addressed to the student,
through his or her parent(s), and shall be either personally delivered or mailed
to the parent.
(2) Timing of Hearing. The hearing shall be scheduled no sooner than five (5)
nor later than ten (10) school days from the date of delivery or mailing of the
notice whichever is earlier. The hearing authority may grant or deny a request
to delay the hearing.
(3) Contents of Notice. The written notice must contain all of the following
information:
(a) The school rule(s) alleged to have been violated, a concise statement of the
alleged act(s) of the student on which the charge(s) are based, and a statement
of the proposed penalty;
(b) The date, time and place of the hearing, and a statement that both the
student and parent are entitled and urged to be present;
(c) A clear statement that the hearing will take place a scheduled unless the
hearing authority grants a delay or the student and parent agree to waive the
hearing and comply voluntarily with the proposed disciplinary action, and a
clear and conspicuous warning that a failure to appear will not delay the
hearing and may lead to imposition of the proposed penalty by default;
(d) A statement that the student has the right to be represented at the hearing
by legal counsel, a parent, or some other designated representative;
(e) A complete description of the procedures which will govern the conduct of
the hearing;
(f) The name, business address, and telephone number of a contact person through
whom the student, parent, or designated representative may request a delay or
seek further information, and
(g) Any other information, materials, or instructions deemed appropriate by the
administrative authority who prepares the notice.
c. Delay of Hearing. Student’s Status During Delays. The hearing authority shall
have discretion to grant or deny a request by the student or the appropriate
administrative authority to postpone the hearing. Where a student has been
suspended temporarily and a postponed hearing will not occur until after the
temporary suspension has expired, the student shall be returned to school at the
end of the temporary suspension unless:
(1) the student and parent have knowingly and voluntarily waived the student’s
right to return to the school pending the outcome of the formal proceedings, or
(2) the appropriate administrative authority has conducted an interim hearing
pursuant to a Board of Education policy made available to the student which
affords further due process protection sufficient to support the student’s
continued exclusion pending the outcome of the formal procedures, or
(3) the provisions of the following paragraphs apply.
TOP
d. Waiver of Hearing. Voluntary Compliance or Negotiated Penalty. A student and
his or her parent may elect to waive the hearing and the hearing review and
negotiate a mutually acceptable penalty with the hearing authority. Such a
waiver and compliance agreement shall be knowing, intelligent, and made
voluntarily, and shall be evidenced by a written document signed by the student,
the parent(s), and the hearing authority.
e. Procedure for Hearing and Decision. The following rules govern the conduct of
the hearing and the ultimate decision:
(1) The school shall have the burden of proof of misconduct;
(2) The student and his or her parent shall have the following rights, any of
which may be waived in writing.
(a) The right to be represented by legal counsel or other designated
representative;
(b) The right to present evidence, subject to reasonable requirements or
substantiation at the discretion of the hearing authority and exclusion of
evidence deemed irrelevant or redundant;
(c) The right to confront and cross-examine adverse witnesses, subject to
reasonable limitation by the hearing authority;
(d) The right to have a decision based solely on applicable legal rules,
including the governing rules of student conduct, and the evidence presented at
the hearing.
(3) The hearing authority shall determine whether the alleged act(s) of
misconduct have been proved by a preponderance of the evidence presented at a
hearing at which the student and/or a designated representative have appeared.
(4) If no one has appeared on the student’s behalf within a reasonable time
after the announced time for the hearing, the hearing authority shall determine
whether the student, through the parent, received notice of the hearing. If so,
the hearing authority shall review the school’s evidence to determine whether it
is sufficient to support the charge(s) of misconduct.
(5) The hearing authority who is also a disciplinarian shall impose the proposed
sanction or other appropriate measure if he/she finds that the allegations of
misconduct have been proved.
(6) Arrangements to make a tape recording or keep minutes of the proceedings
shall be made by the administrative authority who scheduled the hearing and
prepared the written notice.
(7) The hearing authority may announce a decision on the question of whether the
allegation(s) of misconduct have been proved at the close of the hearing. The
hearing authority who is also the disciplinarian may also impose a penalty at
the close of the hearing.
(8) The hearing authority shall prepare and mail or deliver to the student,
through the parent, a written decision including reasons therefore within five
(5) working days after the hearing. The hearing authority shall include in the
report a statement of the penalty, if any, to be imposed.
(9) The hearing authority’s decision shall take effect immediately upon
notification to the parent, either at the close of the hearing or upon receipt
of the written decision. If notification is by mail, the parent shall be
presumed to have received the notice on the fifth calendar day after the date of
mailing.
f. Effect of Decision. If the hearing authority decides that no allegation(s) of
misconduct have been proved, or declines to impose a penalty despite a finding
that an act or acts of misconduct have been proved, the matter shall be closed.
If the hearing authority imposes any sanction on the student, the decision shall
take effect immediately upon notification to the parent, even if the student
subsequently appeals to the review authority.
g. Right of Review. A student aggrieved by the hearing authority’s decision
after a formal hearing, shall have the right to have the decision reviewed by
the Board of Education if the penalty imposed was at least as severe as a
long-term suspension or expulsion, an in-school suspension exceeding one school
semester, or a denial or restriction of student privileges for one semester or
longer.
h. Conduct of Review. The Taos Municipal Schools Board of Education shall be
bound by the hearing authority’s factual determination unless the student
persuades the review authority that a finding of fact was arbitrary, capricious,
or unsupported by substantial evidence or that new evidence which has come to
light since the hearing which could not, with reasonable diligence, have been
discovered in time for the hearing and would manifestly change the factual
determination. Upon any such finding, the review authority shall have discretion
to receive new evidence or conduct a de novo hearing.
i. Effect of Review Authority’s Decision. The Taos Board of Education’s decision
shall be the final administrative action to which a student is entitled.
See Policies: 337 Sexual Harassment – Students
TOP
338 Hazing
339 Searches of Students
346 Gang Activity
345 Corporal Punishment
347 Weapons in School
348 Dress
632 Law Enforcement Agencies
465 Communicable Diseases
Sexual Harassment –
Students** 337-1
The effective education of our students requires a school environment in which
students feel safe and secure. Sexual harassment of students, whether by
employees or by other students, impairs the proper atmosphere for education, and
often creates an inequitable climate for learning.
Nationwide survey information indicates that the problem is widespread. A
majority of students – both boys and girls – reported that they have experienced
some form of sexual harassment in school. Those students reported that their
experiences had a variety of negative effects on themselves and their education.
Some of the results reported were that students did not want to go to school or
did not want to participate in class, attention span was limited, thoughts were
prevalent regarding a change in schools, or consumed with thoughts about failure
and graduation.
In addition to its negative effect upon education, sexual harassment negatively
affects the characters of young people, both the harassers and the victims. This
is particularly so in view of the special vulnerability of students at different
stages of their personal development. It is clear that sexual harassment,
whether verbal or by other conduct, can create stress and distraction, and
upsetting feelings of fear, inferiority, or anger, which are detrimental to the
education of young people. Toleration of sexual harassment also sends the wrong
message regarding appropriate social conduct. Sexual harassment is inappropriate
behavior in school because it is inappropriate behavior in society.
It is also illegal. Title IX of the Federal Education Amendments of 1972
provides that schools must provide an educational program that offers equal
educational benefits for boys and girls. Decisions of the United States Supreme
Court and the United States Department of Education make clear that sexual
harassment toward students by employees or harassment of student(s) toward other
students may violate the law.
The Taos Board of Education therefore forbids harassment of any student on the
basis of sex. The Board will not tolerate sexual-harassment of students by
employees or by other students.
The intent of this policy regarding conduct between employees and students is
clear and straightforward: No employee of the school district may engage in any
conduct of a sexual nature with any student, regardless of the student’s age,
ability to consent, or actual consent.
The intent of this policy regarding conduct among students requires some further
discussion. Much of the conduct described in the detailed specification of this
policy – including sexually-oriented name-calling, graffiti, teasing, etc. –
clearly has no place in school, and would not be welcomed by anyone. Requests
for dates or other age-appropriate expressions of interest or affection,
however, are not characteristically inappropriate, and can even contribute to
the socialization process that is a large part of education. Accordingly,
requests for dates and other age-appropriate expressions of interest between
students is not sexual harassment unless the student to whom such requests or
expressions are directed has indicated that they are unwelcome.
When a student has made it reasonably clear that he or she does not welcome the
requests or attention by the other student, it is sexual harassment for the
other student to continue to make such requests or give such attention. In other
words, one does have to take “No” for an answer.
A. Definitions and Standards of Conduct
TOP
Between an employee and a student, sexual harassment is any conduct of a sexual
nature. Between students, sexual harassment is unwelcome conduct of a sexual
nature. Special definitions follow:
1. Conduct of a Sexual Nature
Conduct of a sexual nature may include, but is not limited to:
• verbal or physical sexual advances, including subtle pressure for sexual
activity;
• sexually oriented touching, pinching, patting, staring, pulling at clothing,
or intentionally brushing against another;
• showing or giving sexual pictures, photographs, illustrations, messages, or
notes;
• writing graffiti of a sexual nature on school property;
• comments or name-calling to or about a student regarding alleged physical or
personal characteristics of a sexual nature;
• sexually-oriented “kidding”, “teasing”, double-entendres, and jokes; and
• any harassing conduct to which a student is subjected because of or regarding
the student’s sex.
2. Standard of Conduct for Employees
No employee may engage in conduct of a sexual nature with a student at any time
or under any circumstances, regardless of whether such conduct takes place on
school property or in connection with any school-sponsored activity.
3. Standard of Conduct for Students: Unwelcome Conduct of a Sexual Nature
a. Verbal or physical conduct of a sexual nature by one student toward another
student, may constitute sexual harassment when the conduct, by its nature, is
clearly unwelcome or inappropriate, even if the allegedly harassed student has
not indicated that it is unwelcome.
b. A student who has initially welcomed conduct of a sexual nature by active
participation must give specific notice to the alleged harasser that such
conduct is no longer welcome in order for any such subsequent conduct to be
deemed unwelcome.
B. Reporting, Investigation, and Sanctions
TOP
1. Reporting:
It is the express policy of the Taos Municipal Schools Board of Education to
encourage students who feel they have been sexually harassed by a school
employee or by another student or students to report such claims.
a. Reporting of Sexual Harassment by a School Employee
• Any student who believes he or she has been subjected to any conduct or a
sexual nature by a school employee may tell a counselor or principal.
• If a student who believes he or she has been sexually harassed by a school
employee feels uncertain about who to tell, or feels uncomfortable telling any
counselor or principal, the student should tell his or her parent(s) about the
problem and ask for the parent(s) help in reporting the sexual harassment to
appropriate school personnel.
• If a student believes that he or she has been sexually harassed by a counselor
or a principal, or by any other administrator the student should seek the
assistance of his or her parent(s) in reporting such harassment to the
Superintendent or to a member of the Board of Education.
b. Reporting of Sexual Harassment by a Student or Students
• Any student who believes he or she has been sexually harassed by another
student or other students, may tell a teacher, counselor, or principal or
assistant principal.
• If a student who believes he or she has been sexually harassed by another
student or students, and who feels uncertain about whom to tell, or feels
uncomfortable telling any counselor, or principal, the student should tell his
or her parent(s) about the problem, and ask for the parent(s) help in reporting
the sexual harassment to appropriate school personnel.
c. Reporting of Employees – Mandatory
Any employee who receives any report of sexual harassment of a student, whether
the report is given by a student, a parent, or another employee, must notify his
or her immediate supervisor or the Superintendent of such a report, regardless
of whether the employee receiving the report considers the report credible or
significant.
2. Investigation:
All reports of sexual harassment of students will be appropriately and promptly
investigated by the Superintendent or his/her designee. In determining whether
alleged conduct constitutes sexual harassment, the totality of the
circumstances, the nature of the conduct, and the context in which the alleged
conduct occurred will be investigated.
3. Sanctions:
a. Employees
TOP
Any employee found to have engaged in conduct of a sexual nature with a student
shall be subject to sanctions, including, but not limited to, warning or
reprimand, suspension, or termination, subject to any applicable procedural
requirements.
b. Students
Any student found to have engaged in sexual harassment of a student shall be
subject to discipline, including, but not limited to, suspension or expulsion,
subject to any applicable procedural requirements.
See policies: 230, 231, 336
Hazing 338
Hazing will not be permitted as a condition of membership in any group or
organization connected with the Taos Municipal School District.
Hazing is defined as follows:
• To harass by requiring the performance of unnecessary, disagreeable, or
degrading tasks.
• To require students to engage in activities which may result in harm or bodily
injury to an individual.
• To play abusive and humiliating tricks or pranks on an individual by way of
initiation.
All employees are required to intervene when any hazing activity is detected and
to report immediately to the building principal(s) any such activity.
Searches of Students 339-1
TOP
School officials shall be guided by the following in determining if a search
should take place and the scope of the search:
A. Student and School Rights
Students have the right to be protected from unreasonable searches. School
officials have the right and duty to maintain order and discipline and to
provide for an appropriate and safe educational environment.
B. Who May Search
Licensed school personnel and school security personnel are “authorized persons”
to conduct searches when a search is permissible. An authorized person who is
conducting a search may request the assistance of some other person(s), who upon
consent become(s) an authorized person for the purpose of that search only.
School bus drivers are “authorized persons” to conduct searches under the
following guidelines. If safety considerations make a search advisable, the
driver may require a student to empty clothing pockets or to disclose the
contents of purses, bookbags, backpacks and items of a similar nature. The
student’s person is not to be touched. Drivers are encouraged to request school
employees to search when safety permits delay for that purpose.
C. Scope and Extent of Searches of Students
TOP
The scope and extent of the search must be reasonably related to the reason for
the search. For example, the scope of the search for a stolen pen would be more
limited than the search for a weapon. If the scope of the search is very
minimal, e.g., “Show me your hands,” the school official will not necessarily
need to have an individualized suspicion that the student is violating the law,
or the rules or policies of the school.
More intrusive searches, such as pat-downs, may be conducted only on the basis
of reasonable suspicion of the individual student to be searched. The more
intrusive the search of a student’s person, the greater the necessity that
school officials be able to articulate the specific basis of the suspicion
justifying such a search. The following are offered as examples only:
1. If gum is contraband, those students chewing gum can be required to empty
their pockets. School officials should not, however, search any student without
such reasonable belief that the particular student has violated the rule.
2. A student smelling of marijuana can be searched for contraband, but other
students should not be searched without an individualized suspicion that they
are violating the law or school rules.
Prior to a search of his or her person, a student may request that his or her
parent(s) be present for such search. Unless school officials reasonably
perceive a risk or grave bodily harm unless the search is carried out
immediately, a reasonable effort shall be made to contact the parent and to
allow him or her to be present for the search.
Searches of a student’s person beyond such minimal levels as “show me your
hands,” shall be conducted by a person of the same sex as the student, and shall
be conducted in the presence of another authorized person of the same sex.
School employees are expressly forbidden to conduct strip searches. If there is
compelling reason to believe that grave bodily harm is imminent or possible from
a weapon which could be seized only after a strip search or that illegal
substances or evidence of a criminal act is similarly concealed, the following
procedures will be used:
• The student will be isolated from all other students immediately and will be
subject to constant adult supervision.
• Police authorities will be alerted to the danger and asked to take appropriate
action immediately.
• Every reasonable effort will be made to notify the student’s parent(s) of the
above actions as quickly as possible.
D. Scope and Extent of Searches of Student Property
School property such as lockers, desks, and similar storage facilities remain
under the control of the school, although students are expected to assume full
responsibility for the security of their property. Lockers, desks and similar
storage facilities may be searches by school officials at any time, with or
without notice or consent. Students may not use personal locks on school lockers
unless access is made available to school authorities. Personal locks may be
destroyed if school authorities conduct a search of lockers.
The school retains the authority to conduct patrols of vehicles brought onto
school premises by students and to inspect such vehicles from their exteriors.
Searches of the interiors of such vehicles may be conducted when a school
official has a reasonable suspicion that it contains an object or substance in
violation of law or of school policy or rules.
Searches of Students (continued) 339-3
Purses, wallets, bookbags, backpacks and similar items of student’s personal
property may be searched.
E. Use of Dogs
TOP
In any of the foregoing actions, the Taos Municipal School District is
authorized to use dogs whose reliability and accuracy for sniffing and detecting
illegal or unauthorized substances and objects has been established. The dogs
will be accompanied by a qualified and authorized dog trainer-handler who will
be responsible for the dog’s actions. An indication by the dog that an illegal
or unauthorized substance or object is present on school property or in a
vehicle on school property shall be reasonable cause for a search by school
officials.
F. Seizure of Items
Illegal items, legal items which threaten the safety or security of others,
items that are evidence of prohibited activities or items which are used to
disrupt or interfere with the educational process may be seized by authorized
persons. Seized items may be released to appropriate authorities or a student’s
parent or returned to the student later as the administrative authority deems
appropriate.
When a search discloses illegally possessed contraband material or evidence of
some other crime, the administrative authority should consider whether
circumstances justify notification of the local Children’s/Juvenile Court
attorney, or other law enforcement officers.
G. Notice to Students
This policy shall be published in student handbooks provided to students at the
beginning of the school year or upon admission of students entering during the
school year.
See Policy: 336
Students Charged with
Serious Crimes 340
TOP
The Taos Municipal Schools Board of Education finds as follows:
1. It is no longer uncommon for students to be charged with serious crimes;
2. Such crimes frequently take place off school grounds and apart from school
hours or activities, and are thus unrelated to the student’s status as a
student;
3. Students charged with such crimes are also often released pending trial or
even while awaiting sentencing;
4. Consequently, such students remain able to continue attending school;
5. The presence of such students at school however, creates a distraction and a
disruption to the educational process;
6. Specifically, the presence of students charged with serious crimes tends to
create apprehension, fear, or diversion on the part of other students and school
staff, to the detriment of the necessary educational atmosphere.
Wherefore, the Taos Municipal Schools Board of Education adopts the following
policy:
Any student charged with or convicted of a serious crime unrelated to his or her
status as a student who wishes to continue his or her education may do so only
according to the terms and conditions, and under the circumstances, provided
herein:
Any such student who wishes to continue his or her education during the pendency
of his or her criminal proceedings must submit a written request to do so to the
building principal. Upon receipt of such a request, the building principal shall
develop and submit to the Superintendent, for approval, a plan to provide
continued educational services to the student on an off-campus, homebound, or
other alternative basis. Upon such approval by the Superintendent or his or her
designee, the student shall be limited to the alternative educational plan
until:
• He or she is acquitted of the charge or charges; or
• He or she is removed from or leaves the Taos Municipal School District.
The terms of this policy shall also be applied to any new student validly
seeking to be enrolled in the Taos School District.
Threats of Violence by
Students 341-1
TOP
Threats of violence toward other students, school staff members, or school
facilities generally are prohibited and may result in suspension or expulsion,
regardless of whether the student has previously engaged in such conduct.
All employees and students are required to report evidence of threats of
violence to their building principal, or to the Superintendent. Such reports
shall be investigated by the building principal or his/her designee. All such
incidents shall be documented by the Superintendent or his/her designee. Any
reports that are regarded as insufficiently credible to warrant investigation
shall be documented stating all reasons and basis for such a conclusion.
In cases of threats that may constitute a violation of the criminal law, the
Superintendent, or designee, shall notify law enforcement authorities.
Regular education students who are charged with violations of this policy shall
be placed on short-term suspension pending investigation of the charge(s). Those
found, through a due process hearing, to have violated this policy shall be
subject to discipline, including long-term suspension (temporary or indefinite
removal from school) or expulsion (permanent removal from school).
As a condition or conditions of a student’s return to school from a short-term
or long-term suspension, for a violation of this policy, the Superintendent or
his/her designee shall consider, and may impose, the following, individually or
in any combination, as well as other conditions deemed necessary or appropriate:
1. That the parent of such student shall provide a documented opinion by a
licensed professional that the student does not represent a threat of harm to
himself/herself or to others, and, for a period to be determined by the
Superintendent or his/her designee, that the parents provide regular documented
updates from the licensed professional;
2. That the parent of such student agree that, for a period to be determined by
the Superintendent or his/her designee, a parent shall check the student for
weapons at home, and shall accompany the student to the school office upon
arrival at school at the beginning of each school day, at which time the student
shall be searched for weapons or other contraband by school personnel;
3. That the parent of such student agree that, for a period to be determined by
the Superintendent of his/her designee, the student shall be prohibited from
leaving campus during the school day, and that during any non-class time, the
student shall remain in a monitored, segregated environment;
4. That the parent of such student agree that, for a period to be determined by
the Superintendent or his/her designee, the student shall be transported home
from school by the parent at the end of the school day;
5. That the parent of such student agree that, for a period to be determined by
the Superintendent or his/her designee, the student shall not be permitted to
participate in any extracurricular activities, or school functions except
classroom instruction during the school day; and
6. That the parent of such student agree that, for a period to be determined by
the Superintendent or his/her designee, the student will not be permitted to
enter or be present on school premises except during the regular school day, and
that the parent will enforce such prohibition by appropriate means.
In permitting a student to return to school from a short-term or long-term
suspension, conditions imposed by the Superintendent or his/her designee,
including those set forth in paragraph 6, shall be incorporated into a written
agreement to be signed by the parents or parent of the student in question. In
permitting a student to return to school from a short-term or long-term
suspension, the Superintendent or his/her designee shall document the reasons
and basis for permitting such return and such documentation shall include the
reasons and basis for imposing or not imposing the conditions set forth in
paragraph 6.
Similar problems with Special Education students shall be addressed under the
specific procedures applicable to Special Education students according to state
and federal law(s).
Activities 342
TOP
Student activities shall be regarded as a vital part of the total educational
program and shall be used as a means of developing wholesome attitudes and good
human relations as well as knowledge and skills.
A parent or guardian may request that a student from the family be excused from
certain types of student activities for religious or physical reasons. The
administration will consider the request in terms of the welfare of all students
as well as the individual.
All student activities shall be carried on under the authority of the Taos Board
of Education and its delegated administrators. Residual funds from inactive
student organizations shall revert to the general student body funds unless
otherwise designated.
See Policy: 530
Intimidation
and Hostile or Offensive Conduct 343-1
The effective education of our students requires a school environment in which
students feel safe and secure. The Taos Municipal Schools Board of Education is
committed to maintaining an environment conducive to learning in which students
are safe from violence, threats, name-calling, intimidation, and unlawful
harassment.
Definitions
“Unlawful harassment” means verbal or physical conduct based on a student’s
actual or perceived race, color, national origin, gender, religion, or
disability and which has the purpose or effect of substantially interfering with
a student’s educational performance or creating an intimidating, hostile or
offensive environment. Sexual harassment of students is further addressed by a
separate policy of the Board. (See Policy No. 337.)
“Bullying” means intimidating verbal or physical conduct toward another student
when such conduct is habitual or recurring.
“Name-calling” means the chronic, habitual, or recurring use of names of
comments to or about a student regarding the student’s actual or perceived
physical or personal characteristics when the student has indicated by his or
her conduct that the names or comments are unwelcome, or when the names of
comments, by their nature, are clearly unwelcome, inappropriate or offensive.
Prohibitions
It is the policy of the Taos Municipal Schools Board of Education to prohibit
violence, threats, name-calling, bullying, intimidation, assault, battery,
extortion, robbery, vandalism, and other victim-based misconduct that creates an
intimidating, hostile or offensive environment, regardless of motive or reason.
The Board of Education will not tolerate such victim-based misconduct by
students or staff.
It is the express policy of the Board to encourage students who are victims or
such physical or verbal misconduct to report such claims. Students or their
parents may report such conduct to any principal, assistant principal, or
counselor.
Reporting
Any employee who, as a result of personal observation or a report, has reason to
believe that a student is a victim of conduct prohibited by this policy, whether
the conduct is by another student or by another employee, must notify, report as
soon as possible, his or her principal or supervisor, or the Superintendent of
such observation.
Investigation
The school principal or his/her designee shall promptly investigate all reports
of physical or verbal misconduct in violation of this policy.
In assessing the existence of a violation of this policy and the appropriate
discipline, the principal or designee shall consider the nature and extent of
the conduct, the age of the student(s) involved, the context in which the
alleged conduct occurred, and any prior history of conduct prohibited by this
policy on the part of the violator.
Sanctions
Any employee found to have engaged in misconduct in which a student is a victim
of violence, threats, name-calling, bullying, assault, battery, extortion,
robbery, vandalism, etc. shall be subject to sanctions including, but not
limited to, warning or reprimand, suspension |
