Parent/Student Policy JI- Student Rights and Responsibilities

Policy JI- Student Rights and Responsibilities

Human rights accrue to all people simply because they are human. One's humanness cannot be denied because of temporary status as a student; nor should students be denied the opportunity to learn about and practice, in the school setting, behaviors that respect human rights, human dignity, equality, and safety.

Of equal importance is the right of school authorities, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools. The difference between freedom expected by the students and the necessary restrictions of their actions in the rules set down by the schools to maintain good order can be bridged by appropriate conduct on the part of both.

Student Rights

1. Students have the right to a safe and equitable education relevant to their needs and abilities.
2. Students have the right to be treated with respect by other students and school staff.
3. Students have the right to assemble and express themselves through speaking, writing, distributing, wearing of displaying symbols of ethnic, cultural, or political values such as buttons, badges, emblems, and armbands or through their mode of dress or grooming, except that the principal, or designee, may regulate expression, provided there is a factual basis for believing a specific form of expression by a specific student is causing or will cause substantial disruption or school activities or constitutes a health or safety hazard. Students shall also have the right to refrain from expressing themselves in these student-originated activities.
4. Students have the right to lodge a complaint or grievance with their principal, designee, or other appropriate administrator, if they feel their rights have been violated. If the subject of the complaint or grievance is the principal, the complaint or grievance shall be made to the supervising instructional superintendent and/or "Safe To Tell".

Student Responsibilities

While on school grounds, in school facilities, in district-approved vehicles, at designated school bus stops, or at school-sponsored events, the responsibilities of students shall be as follows:

1. To help maintain an overall atmosphere conducive to learning, and to respect the principle that no student shall engage in any activity that disrupts or threatens to disrupt the school operation and/or interfere with the educational rights of others.
2. To refrain from any conduct which discriminates against other students on the basis of race, ethnicity, sex/gender, marital status, national origin, disability, religion, age, sexual orientation, or gender identity.
3. To respect all members of the school community, including other students, parents, and district staff by refraining from using disrespectful language and gestures.
4. To promote the physical safety and personal security of all others by refraining from assaultive behavior, including fighting with students, staff, or other persons.
5. To treat the property of the school district with care and to refrain from stealing or damaging any property of the district, staff, or other students.
6. To personally refrain from, and discourage others from bringing, carrying, possessing, or using any kind of weapon.
7. To refrain from using, possessing, buying, selling, or exchanging alcohol, narcotics, drugs, or controlled substances, including anabolic steroids and prescription drugs or other dangerous drugs and to refrain from selling or exchanging substances with the student represents as drugs or controlled substances.
8. To attend classes, be on time, and attempt to complete graduation requirements as prescribed by the Board of Education.
9. To return all district property to the school, or reimburse the school at replacement value of each item, prior to transfer from the district, grade level change within the district, or graduation.
10. To practice honesty in academic work and in all other transactions.

Policy JK and JK-R shall control student discipline.

Adopted: June 17, 1999
Revised: October 15, 2009

The Board believes that a student dress policy is an essential aspect of creating a school environment that is safe, conducive to learning and free from unnecessary disruption. During the school day, while riding in school district vehicles, and at all school-related activities or functions, students shall adhere to a standard of dress and appearance that is appropriate.

Student dress and personal appearance shall meet reasonable standards of cleanliness and safety and must show respect for others. Personal appearance and dress that violate reasonable standards, demean, slur, or harass others through symbols, words or images, and/or substantially disrupt the educational process shall not be tolerated.

To establish the specific guidelines, which define appropriate dress, each school in conjunction with their Collaborative School Committee (CSC), should develop and publish suitable standards regarding dress and hygiene. Principals and their designees have the final authority to decide what is appropriate attire for students in school or participating in school related activities.

Unacceptable items

The following items are deemed disruptive and are not acceptable on school grounds, in school district vehicles, or at school functions or activities:

1. Shorts, dresses, skirts or other similar clothing shorter than mid-thigh length
2. Sunglasses, hats or head scarves worn inside a building
3. Inappropriately sheer, tight, loose, or low-cut clothing that bares or exposes the stomach, back, breasts, buttocks, or genitalia. (For example, the following items are prohibited under this section: garments made of fishnet, mesh, or similar material, and midriffs, halter tops, backless clothing, tube tops. Muscle tops, revealing tank tops or sundresses, etc.)
4. Any clothing, paraphernalia, grooming, jewelry, hair coloring, accessories, or body adornments that are or contain any words, symbols, or pictures that:

- Refer to drugs, tobacco, alcohol or weapons
- Are of a sexual nature
- Are obscene, profane, vulgar, lewd or legally libelous
- By virtue of color, arrangement, trademark or other attribute denote membership in gangs, associations or clubs which advocated drug use, violence or disruptive behavior
- Threaten the safety or welfare of any person
- Promote any activity prohibited by the student code of conduct
- Pose a threat or potential threat to the safety or welfare of any person
- Otherwise disrupt the school's mission in delivering educational services
5. Inappropriate footwear, including rubber sole thongs (flip-flops) or bedroom slippers
6. Athletic wear, such as jogging suits (except that appropriate athletic clothing may be worn while participating in physical educations classes or other athletic activities)
7. Underwear as outer wear
8. Inappropriate grooming or hygiene
9. Any other attire or grooming that is prohibited in the student dress code applicable to the particular school.

Policy JK and JK-R (Student Discipline) shall control discipline of a student in violation of this policy.

Exception

Exceptions to this policy may be made by principals or their designees to address a specific student's medical, religious, or other similar needs.

Adopted May 17, 1965
Revised August 20, 1976
Revised January 21, 1999
Revised June 21, 2001
Revised October 15, 2009

CROSS REF.:   JK, Student Conduct and Discipline
                         GBEBA, Staff Dress, Accessories, and Grooming for Certificated Staff (Teachers)
                         GBEBA-R, Staff Dress, Accessories, and Grooming for Certificated Staff (Teachers)
                         procedures

See Policy JICC-R and EEAEC, Student Conduct on Buses

Revised October 15, 2009

CROSS REFS.: JICC-R, Student Conduct on Buses
JK and JK-R, Student Discipline
EEAEC, Student Conduct on Buses

CONTRACT REF.: ATU Agreement, Article 16-School Staff and Bus Operator Relations

1.   Only students and school personnel regularly assigned to the bus for a particular route or excursion will be allowed to ride on a school bus unless special permission is granted by the school official in charge.

2.   While at a bus stop or pick-up point, students must:

a.   Conduct themselves in an orderly manner
b.   Avoid littering
c.   Stay out of the street
d.   Respect nearby private property rights

3.   Student will take their seats promptly after boarding the bus. No seats may be reserved. Should the driver or bus assistant assign a student a seat, the student must comply. Students will remain in their seats while the bus is in motion.

4.   Students may not open or close windows or emergency doors except when asked to do so by the driver or bus assistant. Students must keep their arms and heads inside the bus.

5.   While a passenger on the bus, students must not:

a.   Smoke (state regulation)
b.   Throw any objects
c.   Disturb the driver
d.   Litter
e.   Make loud or unnecessary noise
f.   Eat food or drink beverages
g.   Transport items which may endanger the health or safety of any other pas-sengers

6.   Students are encouraged to report to the driver or bus assistant any damage to seats or other parts of the bus.

7.   Students who exit from a bus must never walk behind the bus. Students should obey all traffic controls for street crossings. If students must cross in front of the bus, they must do so approximately 10 feet in front of the bus.

8.   Middle school and high school students must show upon request proper identification provided through each school as authorization to ride a bus.

Should any student persist in violating any of these rules, it will be the duty of the driver or bus assistant to notify the school principal or designee.

Policy JK and JK-R (Student Discipline) shall control student discipline related to misconduct by students on school buses, district vehicles, or any transportation provider utilized by the district.

Current practice codified 1993

Revised October 15, 2009

The mission of the Denver Public Schools, the center of learning for the community, is to guarantee that our children and youth acquire knowledge, skills and values to become self-sufficient citizens and lifelong learners. We can achieve this mission by providing personalized learning experience in an environment that is safe, conducive to learning and free from unnecessary disruption.

The Denver Public Schools supports a secure school environment, conducive to teaching and learning in an environment free from threat, harassment and any type of bullying behavior. The Board of Education is adopting this policy to promote consistency of approach and to help create an environment in which all types of bullying are regarded as unacceptable.

DEFINITION: Bullying is defined "as any written or verbal expression, or physical act or gesture, or pattern thereof, that is intended to cause distress upon one or more students in the school, on school grounds, in school vehicles, at a designated school bus stop, or at school activities or sanctioned events." CRS 22-32-109.1 (2)(a)(X)

CONSEQUENCES: A student who engages in any act of bullying is subject to appropriate disciplinary action in accordance with District Policy JK and JK-R pertaining to discipline procedures and may include suspension, expulsion and/or referral to law enforcement authorities. The severity and pattern, if any, of the bullying shall be taken into consideration when disciplinary decisions are made.

The Superintendent shall develop a comprehensive program to address bullying at all grade levels. The program shall be directed to accomplish the following goals:

1.   To send a clear message to students, staff, parents and community members that bullying will not be tolerated.

2.   To implement procedures for immediate intervention, investigation, and confrontation of students engaged in bullying behavior.

3.   To initiate programs to change the behavior of students engaged in bullying behaviors through re-education on acceptable behavior, discussions, counseling and appropriate negative consequences.

4.   To develop and foster a productive partnership with parents and community members in order to help maintain a bully-free environment.

5.   To support victims of bullying by means of individual and peer counseling.

6.   To recognize and praise positive, supportive behaviors of students toward one another on a regular basis.

Adopted:

LEGAL REFS.: C.R.S. 22-32-109.1(2)(a)(X)

CROSS REFS.: JK, Student Conduct and Discipline

Adopted: November 15, 2001
Revised: October 15, 2009

LEGAL REFS.: C.R.S. 22-32-109.1(2)(a)(X)

CROSS REFS.: JK, Student Conduct and Discipline

The purpose of school-sponsored student publications is to provide students with experience in reporting, writing, editing, and understanding language and responsible journalism. Schools newspapers have the additional purpose of disseminating school-related information among the members of the school community.

The Board recognizes that school-sponsored student publications are public forums and encourages students to freely and creatively express their views subject to the limitations of this policy and state and federal law.

School-sponsored Student Publications

1. Students of public schools have the right to exercise freedom of speech and of the press, and no expression contained in a student publication, whether or not such publication is school-sponsored, will be subject to prior restraint except for the types of expression described in section #3 below. This code will not prevent the advisor from encouraging expression which is consistent with high standards of English and journalism.

2. If a publication written substantially by students is made generally available throughout a public school, it will be public forum for students of the school.

3. Nothing in this code will be interpreted to authorize the publication or distribution by students of the following:

a. Expression which is obscene

b. Expression which is libelous, slanderous or defamatory under state law

c. Expression which is false as to any person who is not a public figure or involved in a matter of public concern

d. Expression which presents a clear and present danger of the commission of unlawful acts, violation of lawful school regulations, or material and substantial disruption of the orderly operation of the school or which violates the rights of others to privacy

a. Student editors of school-sponsored student publications will be responsible for determining the news, opinion and advertising content of their publications subject to the limitations of this code.

b. It will be the responsibility of the publications advisor of school-sponsored student publications within each school to supervise the production of such publications and to teach and encourage free and responsible expression and professional standards for English and journalism.

5. If participation in a school-sponsored publication is part of a school class or activity for which grades or school credits are given, the provisions of this code may not be interpreted to interfere with the authority of the publications advisor for such school-sponsored publication to establish or limit writing assignments for the students working with the publication and to otherwise direct and control the learning experience that the publication is intended to provide.

6. No expression made by students in the exercise of freedom of speech or freedom of the press will be deemed to be an expression of school policy, and neither the school district nor any school district employee, parent, legal guardian or official of the school district will be held liable in any civil or criminal action for any expression made or published by students.

7. Nothing in this code may be construed to limit the promulgation or enforcement of lawful Board policies and school regulations designed to control gangs.

8. Articles and materials for inclusion in a high school newspaper or other student publication should be submitted in a timely fashion to the editors of the newspaper.

In instances where a matter of publication concerning issues detailed above comes before the principal for resolution, at the earliest time possible, a hearing will be conducted. At the hearing, the student(s) involved, the publications' advisor, and such other persons as the principal deems appropriate may be present. All parties involved shall have the opportunity to present their views. Thereafter, the principal shall notify all parties of the decision in writing. If the decision is that all or any part of the materials are inappropriate, the notice shall specify the standard that has been violated. The written notice of the decision made by the principal shall be provided within 24 hours from the time of the hearing.

If any of the parties disagrees with the determination of the principal or designee, they will have the right to file a written request for review with the appropriate assistant superintendent or designee within three days of the initial determination. The assistant superintendent will provide for an opportunity for the parties to present their reasons for disagreement and will make a final decision on the request for review within three days of the hearing.

Time, Place and Manner of Distribution

The time, place, and manner of student distribution of publications which meet the standards set forth in previous paragraphs of this policy may be reasonably regulated by the principal or designee, provided such regulations:

1. Are uniformly applied to all forms of publication

2. Do not prohibit distribution at times or places, either inside or outside the school building, for which no factual basis exists to conclude that any interference with school activities would occur

3. Are specific as to places and times where distribution is prohibited

4. Do not inhibit any person's right to accept or reject any publications distributed in accordance with the rules

This policy shall be distributed, posted, or otherwise made available to all students and teachers at the beginning of each school year.

Adopted: February 17, 1994
Revised: April 22, 1998

LEGAL REF: C.R.S. 10-1-103(52)
C.R.S. 22-1-120
C.R.S. 22-1-121

CROSS REF: JK, Student Conduct and Discipline

Definitions

The following definitions apply to the terms as used in this policy:

1. Distribute - a substantial dissemination of any written material in any form which is thus made generally available to students. This includes the posting of written materials in areas of a school that are generally frequented by students.

2. Gang - A group of three or more individuals with a common interest, bond, or activity, characterized by criminal or delinquent conduct, engaged in either collectively or individually.

3. Obscene

a. The average person, applying contemporary school community standards, would find that the written material, taken as a whole, appeals to prurient interest.

b. The material depicts or describes, in a patently offensive manner, sexual conduct such as sexual acts (normal or perverted, actual or simulated), masturbation, excretory functions, and lewd exhibition of the genitals.

c. The material, taken as a whole, lacks serious literary, artistic, political, or scientific value.

4. Libelous, slanderous, or defamatory - a false, unprivileged oral or written statement about a specific individual that tends to harm the individual's reputation by lowering the person in the estimation of the community or deterring others from associating or dealing with the person. Such statements include those that tend to expose an individual to public hatred, shame, contempt, ridicule, or disgrace.

5. Public figure - a person who either seeks the public's attention or is well-known because of his achievements.

In order to ensure that the welfare and rights of the community are adequately protected, any non-school-sponsored publication which a student wishes to distribute on or in the immediate proximity of school grounds and buildings shall first be submitted to the school principal or designee for approval. The principal or designee may deny approval of any non-school-sponsored publication if he or she reasonably determines the publication to be an expression of the type prohibited under C.R.S. 22-1-120(3), which follows;.

(3) Nothing in this code will be interpreted to authorize the publication or distribution by students of the following:

a. Expression which is obscene

b. Expression which is libelous, slanderous or defamatory under state law

c. Expression which is false as to any person who is not a public figure or involved in a matter of public concern

Students who distribute materials in violation of this policy and/or materials that cause a material and substantial disruption or damage to a person or property in the judgment of school officials shall be subject to appropriate disciplinary action.

Students shall have the right to distribute and possess non-school-sponsored student publications and other literature, such as newspapers, magazines, leaflets, and pamphlets, on school grounds and in its buildings subject to the limitations of this policy and state law.

The principal or designee must render a decision concerning the distribution of any material submitted to him or her by a student within two full school days of its submission. Any material that is not approved or disapproved within this period shall be deemed to be approved.

If any student disagrees with the determination of the principal or designee, they will have the right to file a written request for review with the appropriate assistant superintendent or designee within three days of the initial determination. The assistant superintendent will provide for an opportunity for the parties to present their reasons for disagreement and will make a final decision on the request for review within three days of the hearing.

Time, Place and Manner of Distribution

1. Are uniformly applied to all forms of publication

3. Are specific as to places and times where distribution is prohibited

4. Do not inhibit any person's right to accept or reject any publications distributed in accordance with the rules

This policy shall be distributed, posted, or otherwise made available to all students and teachers at the beginning of each school year.

LEGAL REFS.: C.R.S. 22-1-120
C.R.S. 22-32-110 (1)(r)

CROSS REF.: JK, Student Conduct and Discipline

Definitions

The following definitions apply to the terms as used in this policy:

1. Distribute - a substantial dissemination of any written material in any form which is thus made generally available to students. This includes the posting of written materials in areas of a school that are generally frequented by students.

2. Gang - A group of three or more individuals with a common interest, bond, or activity, characterized by criminal or delinquent conduct, engaged in either collectively or individually.

3. Obscene

a. The average person, applying contemporary school community standards, would find that the written material, taken as a whole, appeals to prurient interest.

b. The material depicts or describes, in a patently offensive manner, sexual conduct such as sexual acts (normal or perverted, actual or simulated), masturbation, excretory functions, and lewd exhibition of the genitals.

c. The material, taken as a whole, lacks serious literary, artistic, political, or scientific value.

4. Libelous, slanderous, or defamatory - a false, unprivileged oral or written statement about a specific individual that tends to harm the individual's reputation by lowering the person in the estimation of the community or deterring others from associating or dealing with the person. Such statements include those that tend to expose an individual to public hatred, shame, contempt, ridicule, or disgrace.

5. Public figure - a person who either seeks the public's attention or is well-known because of his achievements.

The following shall be expressly forbidden, and violation shall make the student subject to disciplinary action consistent with Policy JK and JK-R.

1. Use of tobacco by students in school buildings, school grounds, district vehicles, or any other district property;

2. Use of tobacco at school-sponsored activities.

Note: It is illegal in Colorado to sell tobacco products to anyone under 18 years of age.

Adopted May 27, 2965
Revised August 20, 1976
Revised May 31, 1994

LEGAL REFS.: C.R.S. 18-13-121

C.R.S. 22-32-109

C.R.S. 25-14-101

C.R.S. 25-14-102 (2), (3)

C.R.S. 25-14-103 (1) (f)

Use

Students who are or appear to be under the influence of alcohol, narcotics or other dangerous or illegal chemical substances on school property or at school-sanctioned activities or while being transported in school district vehicles will be dealt with in the following manner:

1. If a student appears to be displaying unusual behavior possibly due to the use of some dangerous or illegal substance, a staff member should escort the student to the school nurse who will determine the seriousness of the situation.
a. Should the situation occur in the classroom and the student's behavior indicates that the student is unable to proceed safely to the nurse's office, assistance should be summoned from the principal or persons so designated by the principal to be in charge of such matters.
b. Should the situation occur outside of the classroom in any location where the school might have jurisdiction, a staff member should escort the student to the school nurse.
c. If the school nurse is not in the building, standard emergency procedures should be followed by designated personnel.
d. Staff members who have observed the display of unusual behavior should describe it briefly in writing, giving the date, time and place that it occurred. Such documents will be filed with the principal.

2. The principal or designee will contact the student's parents or guardian (or person so designated on the emergency card) and advise them that the student is displaying unusual or dangerous behavior. The principal or designee will describe the behavior to the parents but will not attempt to diagnose the student's condition.

3. If the medical situation warrants and aid is required and if home contact cannot be made, the principal or designee will call 911 for assistance. While waiting for parents or further medical aid, the student should not be left alone but should be placed in a quiet situation where the student will remain under observation.

4. Whether or not the student requires immediate medical attention, the principal or designee, in addition to contacting parents or guardian, will follow the procedures of due process. He will:
a. Discuss the situation with the student to identify possible legitimate medical problems as a cause for behavior, if the student's condition will allow.
b. Confer with the Denver Police Department and the DPS Safety and Security Department.

Disciplinary action for use

If after investigation, the principal is convinced that the student is/was using or is/was under the influence of alcohol, narcotics or other dangerous or illegal chemical substances, Policy JK and JK-R (Student Discipline) shall control disciplinary action related to the incident(s). The followingactions shall be taken:

The principal or designee will confer with the parent or guardian and the student. The principal or designeee shall:
a. Review the disciplinary options available;
b. Refer the student as appropriate to a staff member (e.g., social worker, counselor, student advisor) or community assistance agency (e.g., family counseling service, drug treatment program, alcohol detoxification center). The referral will be followed up with any other necessary action that the situation warrants;
c. Develop a contract in writing with the parents and the student that will outline responsibilities of the parent, the student and the school in an effort to keep any further offenses from occurring. In addition the contract will specify constructive activities for the student during the period of suspension, if applicable, and specify a referral agency;

Possession or distribution

Students who possess or are engaged in selling, giving or exchanging alcohol, narcotics or other dangerous or illegal chemical substances or drug-containing paraphernalia on school property or at school-sanctioned activities or while being transported in school district vehicles will be treated in the following manner:

1. The first school staff member to come in contact with the evidence and/or contraband should document the facts of obtaining the evidence and/or contraband. Documentation should include whether the evidence and/or contraband was found in the student's possession. If so, the student's name and other pertinent information, location where the evidence and/or contraband was discovered, and a brief summary of the facts surrounding the case should be included.
2. The staff member who obtains the evidence or contraband should take it immediately to the principal or designee.
3. The principal or designee then should place the evidence and/or contraband in an envelope or suitable container that can be sealed. The envelope should be sealed and initialed by both the staff member who originally obtained the materials and the principal or designee. A list of the contraband will be placed in a separate envelope, sealed and filed separately.
4. The principal or designee shall notify the Denver Police Department or if one is assigned, the DPD School Resource Officer and the DPS Safety and Security Depatment and request that an officer take custody of the evidence and/or contraband. This envelope should be handed to the police officer personally by the principal or designee Drug and alcohol contraband should not be retained by the school. 5. Students will be detained for the Denver Police Department for the purpose of determining further appropriate action. 6. The principal or designee will contact the parents or guardian.

Disciplinary action for possession or distribution

Policy JK and JK-R (Student Discipline) shall control disciplinary action related to the incident(s). Upon notification by the appropriate law enforcement agency that the evidence and/or contraband contains narcotics or other dangerous or illegal chemical sub-stances or if possession of alcohol or drug-containing paraphernalia is involved, the principal or designee will complete the investigation.

If the principal is convinced that the student was in possession of alcohol,
narcotics or other dangerous drugs or illegal chemical substances or drug-containing paraphernalia in violation of district policy, disciplinary action consistent with Policy JK and JK-R shall be taken. In addition, the following actions shall be taken:
a. The student will be referred as appropriate to a staff member (e.g., social worker, counselor, student advisor) or community assistance agency (e.g., family counseling service, drug treatment program, alcohol detoxification program). The referral will be followed up with other necessary action that the situation warrants.
b. The appropriate instructional superintendent should be notified as soon as possible.
c. Develop a contract in writing with the parents and the student that will outline responsibilities of the parent, the student and the school in an effort to keep any further offenses from occurring. In addition the contract will specify constructive activities for the student during the period of suspension, if applicable, and specify a referral agency.

Mandatory initiation of expulsion proceeding according to Board policy, when applicable on Policy JK and JK-R, will be initiated in clearly substantiated cases.

Approved February 1, 1983
Revised October 15, 2009

CROSS REFS.: JIH, Student Interrogations, Searches and Arrests

JKD/JKE, Suspension/Expulsion of Students

KFA, Public Conduct on School Property

CROSS REFS.: JIH, Student Interrogations, Searches and Arrests

JKD/JKE, Suspension/Expulsion of Students

KFA, Public Conduct on School Property

The Board of Education recognizes the importance of continuing the education of pregnant students or young parents enrolled in Denver Public Schools and it shall be the policy of the school district to provide educational opportunities to all students, including those who are pregnant or young parents responsible for the care of their own children.

The district shall not discriminate against any student or exclude any student from its educational programs or activities. including any class or extracurricular activity, solely on the basis of a student's pregnancy or pregnancy-related medical condition. Continued participation in athletic or extra curricular activities will require a permission form signed by a doctor and the parent/legal guardian of the student as in all other cases.

The superintendent or his/her designee may authorize waivers from Policy JE, Student Attendance, in order to allow for such services as homebound instruction, counseling, or participation in established teen programs to pregnant students or young parents.

Adopted: August 22, 1975
Revised to conform: date of manual adoption
Revised: June 1998

LEGAL REFS.: 20 U.S.C. §§1681, 1682 (Title IX)
34 C.F.R. 21 (c)(2)

CROSS REFS.: JE, Student Attendance

Denver Public Schools seeks to maintain a climate in the schools which is conducive to learning and protective of the safety and welfare of staff and students. To achieve this goal, it may be necessary for school personnel to search the person and or the personal property of a student and to seize any property deemed injurious or detrimental to the safety and welfare of students and staff. The school administration shall cooperate fully with local law enforcement agencies with respect to searches of school property and on school premises when investigations and searches related to drug or other offenses are in progress.

Searches Conducted by School Personnel:

A principal or school official who has a reasonable suspicion that a search will turn up evidence that a student has violated school policy or the law may conduct a search. When reasonable grounds for a search exist, school personnel may search a student and/or the student's personal property while on school premises or during a school activity and may seize any illegal, unauthorized or contraband materials as defined by this policy.

Any search conducted by a school official shall respect the privacy of the student and not be any more intrusive than necessary, considering the age and sex of the student and the nature of the suspected infraction.

Search of School Property:

All lockers, desks and other storage areas used by students in all Denver Public Schools are owned by the District, and all are under control of the principals of the respective schools. Additionally, all locks are issued to students by the school principal or his designee, and master lists of lock or locker combinations are maintained by the principal or his designee. School property provided for the use of students is subject to inspection, clean outs, access for maintenance and search pursuant to this policy.

Students shall assume full responsibility for the security of their lockers and or other storage areas in the manner approved by the administration. Students shall be held responsible for whatever is contained in desks, lockers and other storage areas assigned to them by the school.

The principal or designee may search a school desk, locker or any other school storage area at any time, with or without reasonable suspicion and its contents when there are reasonable grounds for a search. Contents shall include such items as purses, wallets, back packs and pockets of clothing. School officials may also search vehicles parked on school property if there is reasonable suspicion. Whenever reasonably possible, another person should be available to witness the search.

Searches of the Student's Person:

The principal or designee may search the person of a student if the school official has a reasonable suspicion that the student is in possession of contraband or that the search may yield evidence of a violation of the law, school district policies, or school rules.

Search of the person shall be limited to the student's pockets, any objects in the student's possession such as a purse or briefcase, and/or a "pat down" of the exterior clothing. No strip searches, i.e searches requiring the removal of shirts, blouses, or pants, shall be carried out by district employees.

Searches should be conducted outside of the presence of other students and as privately as possible. An attempt shall be made to have the search done by a staff person of the same sex in the presence of a second adult witness.

Seizure of Items:

Anything found in the course of a search conducted by school officials which is evidence of a violation of law or district policy or school rule or which by its presence presents an immediate danger of physical harm, may be seized.

Interrogation by School Officials:

Students may be subject to questioning by District personnel at any time. A student who is believed to have committed an offense for which expulsion is mandatory shall not be required to give a written statement regarding the offense until his or her parent or guardian is present or a reasonable attempt has been made to contact the parent or guardian by calling all phone numbers provided to the school by the parent, guardian, or student.

Definitions:

"Reasonable suspicion" is based on facts provided by a reliable informant or personal observations which cause the school official to believe, based on personal experience, that search of a particular person, place or thing would lead to the discovery of evidence of a violation of Board policy, school rule or state or federal laws.

"Contraband" consists of all substances or materials prohibited by Board policy or state or federal law including but not limited to drugs, alcohol, guns, knives, other weapons or incendiary devices.

Law Enforcement Search and Seizure:

The principal or designees may request that a search on school premises be conducted by a law enforcement officer. When law enforcement officers conduct a search, school employees shall refrain from assisting or otherwise participating in the search unless under the direct order of the law enforcement officer.

If law enforcement personnel seek permission from school authorities to search a student or student's property, the school officials shall require the police to produce a valid search warrant before the search is executed unless law enforcement personnel advise the principal that:

1. There is un-coerced consent by the student;

2. There is probable cause and circumstances such that taking the time to obtain a search warrant would frustrate the purpose of the search; or

3. The search is incident to an arrest and is limited to the person and immediate surroundings.

Interrogation by Police:

When law enforcement officials request permission to question student(s) suspected of violating a law or Board policy when that student is in school or participating in school activities, the principal or designee shall be present. If the student is under 18, the student's parent/guardian also shall be present unless the juvenile is emancipated as that term is defined in state law.

An effort shall be made to minimize attention drawn to the student being questioned by conducting the interrogation in private and with as little disruption to the schedule as possible.

Custody/Arrests:

Whenever custody and/or arrest by the police are involved, the principal shall request that all legally required procedural safeguards be observed. The principal shall release the student to the police officer and shall notify the student's parents of the action. The police officer shall notify the principal of the specific grounds for taking the student into temporary custody. The principal shall advise the student's parents of the grounds stated and shall note this information on the notification memorandum. One copy of the notification is to be maintained in the school file and one copy should be sent to the parents.

Adopted April 15, 1971
Revised February 1, 1983
Revised February 15, 2001
Revised October 21, 2004

LEGAL REF.: C.R.S. 19-2-201 et seq.
C.R.S. 19-2-511 at seq.
C.R.S. 22-32-109.1(2)(a)(VIII) (policy required as part of safe
schools plan)
C.R.S. 22-33-106.3

CROSS REFS.: JK, Student Discipline, and subcodes
JLIB, Student Dismissal Precautions