Student Rights and Responsibilities
- Foreword
- Discipline: Student Discipline
- Discrimination
- Sexual Harassment of Students Prohibited
- Complaint Options: Discrimination and Sexual Harassment
- Harassment, Intimidation and Bullying
- Gender Inclusive Schools
- Automated Messages
- Family Educational Rights and Privacy Act (FERPA)
- Federal Programs Citizen Complaint Process
- Highly Capable Program
- Maintaining Professional Staff/Student Boundaries
- Online Classes
- OSPI Annual Report Card
- Protection of Pupil Rights Act
- Public Records
- Special Education
- Title I
- Use of Tobacco, Nicotine Products and Delivery Devices
- Wellness Policies
Foreword
Discipline: Student Discipline
Best practices and strategies refer to other forms of discipline the district identified that school personnel should administer to support students in meeting behavioral expectations.
The district will ensure schools receive adequate support to effectively implement a continuum of identified best practices and strategies that:
- Focus on prevention to reduce the use of exclusionary discipline practices;
- Allow the exercise of professional judgment and skill sets; and
- May be adapted to individual student needs in a culturally responsive manner.
Each school within the district will implement best practices and strategies consistent with this policy and procedure and the district’s system of interventions and supports. In accordance with WAC 392-400-110(1)(e), the district has identified the continuum of best practices and strategies that school personnel should administer before or instead of exclusionary discipline to support students in meeting behavioral expectations as outlined in Form 3241 F2 – Franklin Pierce Continuum of Discipline Responses.
Behavioral Violations Having sought the participation of school personnel, students, parents, families, and the community, the district has developed definitions for the following behavioral violations, which clearly state the types of behaviors for which discipline—including other forms of discipline, classroom exclusion, suspension, and expulsion—may be administered. These best practices and strategies are identified in Form 3241 F1 – Franklin Pierce Discipline Matrix.
The district will continue to further develop and/or revise the definitions for what constitutes behavioral violations to reduce the effect of implicit or unconscious bias. In addition to these district definitions, school principals will confer with certificated building employees at least annually to develop and/or review building discipline standards as stated in the Board policy. This development of building standards will also address differences in perceptions of subjective behaviors and reduce the effect of implicit or unconscious bias.
Staff Authority and Exclusionary Discipline District staff members are responsible for supervising students immediately before and after the school day; during the school day; during school activities (whether on or off campus); on school grounds before or after school hours when a school group or school activity is using school grounds; off school grounds, if the actions of the student materially or substantially affect or interfere with the educational process; and on the school bus.
Staff have the responsibility to provide a safe and supportive learning environment for all students during school-related activities. In accordance with the Board’s student discipline policy, district staff will administer discipline in ways that respond to the needs and strengths of students, support students in meeting behavioral expectations, and keep students in the classroom to the maximum extent possible.
Exclusions from Transportation or Extra-Curricular Activities and Detention The superintendent authorizes school principals, the director of transportation and the assistant superintendent to administer other forms of discipline that exclude a student from transportation services or extracurricular activities or impose detention. For students who meet the definition of homeless, the district will provide transportation according to Policy 3115 – Students Experiencing Homelessness: Enrollment Rights and Services.
Authorized staff may administer lunch or afterschool detention for not more than one-hundred eighty (180) minutes on any given day. Before assigning detention, the staff member will inform the student of the specific behavioral violation prompting their decision to administer detention and provide the student with an opportunity to share their perspective and explanation regarding the behavioral violation. At least one school personnel will directly supervise students during the duration of any detention.
The district will not administer other forms of discipline in a manner that would result in the denial or delay of a nutritionally adequate meal to a student or prevent a student from accomplishing a specific academic grade, subject, or graduation requirements. The district will not exclude a student from transportation services without providing access to alternative transportation the student needs to participate fully in regular educational services or educational services provided during suspension or expulsion.
Students and parents may challenge the administration of other forms of discipline, including exclusions from transportation or extra-curricular activities and detentions using the district’s grievance procedures.
- Being intoxicated or under the influence of controlled substance, alcohol or marijuana at school or while present at school activities;
- Bomb scares or false fire alarms that cause a disruption to the school program;
- Cheating or disclosure of exams;
- Commission of any crime on school grounds or during school activities;
- Dress code violations that the student refuses to correct (see student dress policy/procedure 3224);
- Fighting: Fighting and instigating, promoting, or escalating a fight, as well as failure to disperse. Engaging in any form of fighting where physical blows are exchanged, regardless of who initiated the fight. This prohibition includes hitting, slapping, pulling hair, biting, kicking, choking, and scratching or any other acts in which a student intentionally inflicts or attempts to inflict injury on another;
- Gang-related activity;
- Harassment/intimidation/bullying;
- Intentional deprivation of student and staff use of school facilities;
- Intentional endangerment to self, other students, or staff, including endangering on a school bus;​
- Intentional injury to another;
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Intentionally defacing or destroying the property of another;
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Intentionally obstructing the entrance or exit of any school building or room in order to deprive others of passing through;
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Possession, use, sale, or delivery of illegal or controlled chemical substances;
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Preventing students from attending class or school activities;
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Refusal to cease prohibited behavior;
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Refusal to leave an area when repeatedly instructed to do so by school personnel;
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Sexual misconduct that could constitute sexual assault or harassment on school grounds, at school activities, or on school provided transportation;
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Substantially and intentionally interfering with any class or activity;
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Threats of violence to other students or staff;
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Use or possession of weapons prohibited by state law and Policy 4210.
- Notice of the student’s violation of this policy;
- An explanation of the evidence regarding the behavioral violation;
- An explanation of the discipline that may be administered; and
- An opportunity for the student to share his or her perspective and provide explanation regarding the behavioral violation.
- any felony that Washington law defines as a class A felony or an attempt, criminal conspiracy, or solicitation to commit a class A felony;
- manslaughter;
- indecent liberties committed by forcible compulsion;
- kidnapping;
- arson;
- assault in the second degree;
- assault of a child in the second degree;
- extortion;
- robbery;
- drive-by shooting; and
- vehicular homicide or vehicular assault caused by driving a vehicle while under the influence of intoxicating liquor or any drug, or by operating a vehicle in a reckless manner.
(ii) any sex offense as defined in RCW 9.94A.030, which includes any felony violation of chapter 9A.44 RCW (other than failure to registered as a sex offender in violation of 9A.44.132), including rape, rape of a child, child molestation, sexual misconduct with a minor, indecent liberties, voyeurism, and any felony conviction or adjudication with a sexual motivation finding;
(iii) any weapons violation of chapter 9.41 RCW, including having a dangerous weapon at school in violation of RCW 9.41.280; or
(iv) any controlled substance violation of chapter 69.50 RCW;.
- Notice of the student’s violation of this policy;
- An explanation of the evidence regarding the behavioral violation;
- An explanation of the discipline that may be administered; and
- An opportunity for the student to share his or her perspective and provide explanation regarding the behavioral violation.
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An immediate and continuing danger to other students or school personnel; or
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An immediate and continuing threat of material and substantial disruption of the educational process.
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The student’s behavior results in an extreme disruption of the educational process that creates a substantial barrier to learning for other students across the school day; and
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School personnel have exhausted reasonable attempts at administering other forms of discipline to support the student in meeting behavioral expectations.
- The reason the student’s presence poses an immediate and continuing danger to students or school personnel, or poses an immediate and continuing threat of material and substantial disruption of the educational process;
- The duration and conditions of the emergency removal, including the date on which the emergency removal will begin and end;
- The opportunity to receive educational services during the emergency removal;
- The right of the student and parent(s) to an informal conference with the principal or designee; and
- The right of the student and parent(s) to appeal the emergency removal, including where and to whom the appeal must be requested.
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The suspension or expulsion is for no more than ten (10) consecutive school days from the initial hearing or until the appeal is decided, whichever is earlier;
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The district will apply any days of suspension or expulsion occurring before the appeal is decided to the term of the student’s suspension or expulsion and may not extend the term of the student’s suspension or expulsion; and
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If the student returns to school before the appeal is decided, the district will provide the student an opportunity to make up assignments and tests missed during the suspension or expulsion upon the student’s return.
- The decision to affirm, reverse, or modify the suspension;
- The duration and conditions of the suspension, including the beginning and ending dates;
- The educational services the district will offer to the student during the suspension; and
- Notice of the student and parent(s)’ right to request review and reconsideration of the appeal decision, including where and to whom to make such a request.
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The time, date, and location of the appeal hearing;
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The name(s) of the official(s) presiding over the appeal;
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The right of the student and parent(s) to inspect the student’s education records;
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The right of the student and parent(s) to inspect any documentary or physical evidence and a list of any witnesses that will be introduced at the hearing;
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The rights of the student and parent(s) to be represented by legal counsel; question witnesses; share the student’s perspective and explanation; and introduce relevant documentary, physical, or testimonial evidence; and
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Whether the district will offer a reengagement meeting before the appeal hearing.
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A single hearing will not likely result in confusion; and
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No student will have their interest substantially prejudiced by a group hearing.
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The district made a reasonable effort to produce the witness; and
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The witness’ failure to appear is excused by fear of reprisal or another compelling reason.
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The findings of fact;
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A determination whether (i) the student’s behavior violated this policy; (ii) the behavioral violation reasonably warrants the suspension or expulsion and the length of the suspension or expulsion; and (iii) the suspension or expulsion is affirmed, reversed, or modified;
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The duration and conditions of suspension or expulsion, including the beginning and ending dates;
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Notice of the right of the student and parent(s) to request a review and reconsideration of the appeal decision. The notice will include where and to whom to make such a request; and
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Notice of the opportunity for a reengagement meeting and contact information for the person who will schedule it.
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The findings of fact;
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A determination whether the student’s presence continues to pose (i) an immediate and continuing danger to students or school personnel; or (ii) an immediate and continuing threat of material and substantial disruption of the educational process;
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Whether the district will end the emergency removal or convert the emergency removal to a suspension or expulsion. If the district converts the emergency removal to a suspension or expulsion, the district will provide the student and parent(s) notice and due process consistent with the disciplinary action to which the emergency removal was converted; and
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Notice of the right of the student and guardian(s) to request a review and reconsideration of the appeal decision. The notice will include where and to whom to make such a request.
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In reviewing the district’s decision, the school board or discipline appeal council, if established, must consider (i) all documentary and physical evidence from the appeal hearing related to the behavioral violation; (ii) any records from the appeal hearing; (iii) relevant state law; and (iv) this adopted policy.
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The school board (or discipline appeal council) may request to meet with the student and guardian(s), the principal, witnesses, and/or school personnel to hear further arguments and gather additional information.
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The decision of the school board (or discipline appeal council) will be made only by board or discipline council members who were not involved in (i) the behavioral violation; (ii) the decision to suspend or expel the student; or (iii) the appeal decision. If the discipline appeal council presided over the appeal hearing, the school board will conduct the review and reconsideration.
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Whether the school board (or discipline appeal council) affirms, reverses, or modifies the suspension or expulsion;
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The duration and conditions of the suspension or expulsion, including the beginning and ending dates of the suspension or expulsion; and
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For long-term suspensions or expulsions, notice of the opportunity to participate in a reengagement meeting.
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Whether the school board (or discipline appeal council) affirms or reverses the school district’s decision that the student’s presence posed (i) an immediate and continuing danger to students or school personnel; or (ii) an immediate and continuing threat of material and substantial disruption of the educational process.
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If the emergency removal has not yet ended or been converted, whether the district will end the emergency removal or convert the emergency removal to a suspension or expulsion. If the district converts the emergency removal to a suspension or expulsion, the district will provide the student and guardians(s) notice and due process under WAC 392-400-430 through 392-400-480 consistent with the disciplinary action to which the emergency removal was converted.
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The behavioral violation that resulted in the expulsion and the public health or safety concerns;
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The student’s academic, attendance, and discipline history;
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Any nonacademic supports and behavioral services the student was offered or received during the expulsion;
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The student’s academic progress during the expulsion and the educational services available to the student during the expulsion;
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The proposed extended length of the expulsion; and
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The student’s reengagement plan.
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A copy of the petition;
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The right of the student and parent(s) to an informal conference with the Superintendent or designee to be held within five (5) school business days from the date the district provided written notice to the student and parent(s); and
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The right of the student and parent(s) to respond to the petition orally or in writing to the Superintendent or designee within five (5) school business days from the date the district provided the written notice.
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The date on which the extended expulsion will end;
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The reason that, if the student were to return before the initial expulsion end date, the student would pose a risk to public health or safety; and
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Notice of the right of the student and parent(s) to request a review and reconsideration. The notice will include where and to whom to make such a request;
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Whether the school board or discipline appeal council affirms, reverses, or modifies the decision to extend the student’s expulsion; and
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The date when the extended expulsion will end.
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Continue to participate in the general education curriculum;
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Meet the educational standards established within the district; and
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Complete subject, grade-level, and graduation requirements.
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Meaningful input from the student, parents, and the student’s teachers;
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Whether the student’s regular educational services include English language development services, special education, accommodations and related services under Section 504 of the Rehabilitation Act of 1973, or supplemental services designed to support the student’s academic achievement; and
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Access to any necessary technology, transportation, or resources the student needs to participate fully in the educational services.
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Course work, including any assigned homework, from all of the student’s regular subjects or classes;
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Access to school personnel who can offer support to keep the student current with assignments and course work for all of the student’s regular subjects or classes; and
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An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency removal.
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Course work, including any assigned homework, from all of the student’s regular subjects or classes;
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An opportunity for the student to make up any assignments and tests missed during the period of suspension or emergency removal; and
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Access to school personnel who can offer support to keep the student current with assignments and course work for all of the student’s regular subjects or classes. School personnel will make a reasonable attempt to contact the student or parents within three (3) school business days following the start of the suspension or emergency removal and periodically thereafter until the suspension or emergency removal ends to:
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Coordinate the delivery and grading of course work between the student and the student’s teacher(s) at a frequency that would allow the student to keep current with assignments and course work for all of the student’s regular subjects or classes; and
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Communicate with the student, guardian(s), and the student’s teacher(s) about the student’s academic progress.
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The reasons the student wants to return and why the request should be considered;
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Any evidence that supports the request; and
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A supporting statement from the parent or others who may have assisted the student.
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Within twenty (20) calendar days of the start of the student’s long-term suspension or expulsion, but no later than five (5) calendar days before the student’s return to school; or
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As soon as reasonably possible, if the student or guardian(s) request a prompt reengagement meeting.
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The nature and circumstances of the incident that led to the student’s suspension or expulsion;
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As appropriate, students’ cultural histories and contexts, family cultural norms and values, community resources, and community and parent outreach;
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Shortening the length of time that the student is suspended or expelled;
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Providing academic and nonacademic supports that aid in the student’s academic success and keep the student engaged an on track to graduate; and
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Supporting the student, guardian(s), or school personnel in taking action to remedy the circumstances that resulted in the suspension or expulsion and preventing similar circumstances from recurring.
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A student committing an offense under RCW 28A.600.460(2), when the activity is directed toward the teacher, shall not be assigned to that teacher’s classroom for the duration of the student’s attendance at that school or any other school where the teacher is assigned;
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A student who commits an offense under RCW 28A.600.460(3), when directed toward another student, may be removed from the classroom of the victim for the duration of the student's attendance at that school or any other school where the victim is enrolled.
Discrimination
Discrimination can happen when someone is treated differently or unfairly because they are part of a protected class, including their race, color, national origin, sex, gender identity, gender expression, sexual orientation, religion, creed, disability, use of a service animal, or veteran or military status.
Discriminatory harassment can include teasing and name-calling; graphic and written statements; or other conduct that may be physically threatening, harmful, or humiliating. Discriminatory harassment happens when the conduct is based on a student’s protected class and is serious enough to create a hostile environment. A hostile environment is created when conduct is so severe, pervasive, or persistent that it limits a student’s ability to participate in, or benefit from, the school’s services, activities, or opportunities.
Franklin Pierce Schools does not discriminate in any programs or activities on the basis of sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal and provides equal access to the Boy Scouts and other designated youth groups. The following employees have been designated to handle questions and complaints of alleged discrimination:Sexual Harassment of Students Prohibited
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Acts of sexual violence;
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Unwelcome sexual or gender-directed conduct or communication that interferes with an individual’s educational performance or creates an intimidating, hostile, or offensive environment;
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Unwelcome sexual advances;
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Unwelcome requests for sexual favors;
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Sexual demands when submission is a stated or implied condition of obtaining an educational benefit; and
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Sexual demands where submission or rejection is a factor in an academic, or other school-related decision, affecting an individual.
District/school staff, including employees, contractors, and agents shall not provide a recommendation of employment for an employee, contractor, or agent that the district/school, or the individual acting on behalf of the district/school, knows or has probable cause to believe, has engaged in sexual misconduct with a student or minor in violation of the law.
Complaint Options: Discrimination and Sexual Harassment
The Office of Superintended of Public Instruction (OSPI) can also help with HIB or discrimination concerns. OSPI can assist students, families, communities, and school staff with questions about state law, the HIB complaint process, and the discrimination and sexual harassment complaint process.
If you do not agree with the school district’s appeal decision, state law provides the option to file a formal complaint with OSPI. This is a separate complaint process that can take place if one of these two conditions has occurred: (1) you have completed the district’s complaint and appeal process, or (2) the district has not followed the complaint and appeal process correctly.
You have 20 calendar days to file a complaint to OSPI from the day you received the decision on your appeal. You can send your written complaint to the Equity and Civil Rights Office at OSPI:
OSPI School Safety Center (for questions about harassment, intimidation, and bullying)
- Website: ospi.k12.wa.us/student-success/health-safety/school-safety-center
- Email: schoolsafety@k12.wa.us
- Phone: 360-725-6068
OSPI Equity and Civil Rights Office (for questions about discrimination and sexual harassment)
- Website: ospi.k12.wa.us/policy-funding/equity-and-civil-rights
- Email: equity@k12.wa.us
- Phone: 360-725-6162
Washington State Governor’s Office of the Education Ombuds (OEO) works with families, communities, and schools to address problems together so every student can fully participate and thrive in Washington’s K-12 public schools. OEO provides informal conflict resolution tools, coaching, facilitation, and training about family, community engagement, and systems advocacy.
- Website: www.oeo.wa.gov
- Email: oeoinfo@gov.wa.gov
- Phone: 1-866-297-2597
U.S. Department of Education, Office for Civil Rights (OCR) enforces federal nondiscrimination laws in public schools, including those that prohibit discrimination based on sex, race, color, national origin, disability, and age. OCR also has a discrimination complaint process.
- Website: www.ed.gov/ocr
- Email: orc@ed.gov
- Phone: 800-421-3481
www.hum.wa.gov ǀ 1-800-233-3247 ǀ TTY: 1-800-300-7525
Harassment, Intimidation and Bullying
- Physically harms a student or damages the student’s property;
- Has the effect of substantially interfering with a student’s education; or
- Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment.
HIB generally involves an observed or perceived power imbalance and is repeated multiple times or is highly likely to be repeated. HIB is not allowed, by law, in our schools. Nothing in this section requires the affected student to actually possess a characteristic that is a basis for harassment, intimidation, or bullying.
How can I make a report or complaint about HIB? Talk to any school staff member (consider starting with whoever you are most comfortable with!). You may use our district’s reporting form to share concerns about HIB (https://bit.ly/HIBReportingForm) but reports about HIB can be made in writing or verbally. Your report can be made anonymously if you are uncomfortable revealing your identity, or confidentially if you prefer it not be shared with other students involved with the report. No disciplinary action will be taken against another student based solely on an anonymous or confidential report.
If a staff member is notified of, observes, overhears, or otherwise witnesses HIB, they must take prompt and appropriate action to stop the HIB behavior and to prevent it from happening again. Our district also has a HIB Compliance Officer (James Hester, Deputy Superintendent, jhester@fpschools.org, 253-298-3021) that supports prevention and response to HIB.
What happens after I make a report about HIB? If you report HIB, school staff must attempt to resolve the concerns. If the concerns are resolved, then no further action may be necessary. However, if you feel that you or someone you know is the victim of unresolved, severe, or persistent HIB that requires further investigation and action, then you should request an official HIB investigation. The school must take actions to ensure that those who report HIB don’t experience retaliation.
What is the investigation process? When you report a complaint, the HIB Compliance Officer or staff member leading the investigation must notify the families of the students involved with the complaint and must make sure a prompt and thorough investigation takes place. The investigation must be completed within 5 school days, unless you agree on a different timeline. If your complaint involves circumstances that require a longer investigation, the district will notify you with the anticipated date for their response.
When the investigation is complete, the HIB Compliance Officer or the staff member leading the investigation must provide you with the outcomes of the investigation within 2 school days. This response should include:
- A summary of the results of the investigation
- A determination of whether the HIB is substantiated
- Any corrective measures or remedies needed
- Clear information about how you can appeal the decision
What are the next steps if I disagree with the outcome?
For the student designated as the “targeted student” in a complaint: If you do not agree with the school district’s decision, you may appeal the decision and include any additional information regarding the complaint to the superintendent, or the person assigned to lead the appeal, and then to the school board.
For the student designated as the “aggressor” in a complaint: A student found to be an “aggressor” in a HIB complaint may not appeal the decision of a HIB investigation. They can, however, appeal corrective actions that result from the findings of the HIB investigation.
For more information about the HIB complaint process, including important timelines, please visit https://bit.ly/FPS-HIB or view the district’s HIB Policy 3207 and Procedure 3207P.
Gender Inclusive Schools
- Address students by their requested name and pronouns, with or without a legal name change;
- Change a student’s gender designation and have their gender accurately reflected in school records;
- Allow students to use restrooms and locker rooms that align with their gender identity;
- Allow students to participate in sports, physical education courses, field trips, and overnight trips in accordance with their gender identity;
- Keep health and education information confidential and private;
- Allow students to wear clothing that reflects their gender identity and apply dress codes without regard to a student’s gender or perceived gender; and
- Protect students from teasing, bullying, or harassment based on their gender or gender identity.
To review the district’s Gender-Inclusive Schools Policy 3211 and Procedure 3211, visit https://bit.ly/FPS3211. If you have questions or concerns, please contact the Gender-Inclusive Schools Coordinator: Dr. Julien Pollard, 253-298-3037, jpollard@fpschools.org
The principal or building administrator or an appropriate, designated school employee is encouraged to request a meeting with a transgender or gender-expansive student upon the student’s enrollment in the district or in response to a currently enrolled student’s change of gender expression or identity. Before contacting a student's parents, the school will consult with the student about the student's preference regarding family involvement and consider whether safety concerns are present for the student.-
Develop understanding of that student’s individual needs with respect to their gender expression or identity, including any accommodations that the student is requesting or that the district will provide according to Policy 3211, this procedure, and under state and federal law; and
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Develop a shared understanding of the student’s day-to-day routine within the school so as to foster a relationship and help alleviate any apprehensions the student may have with regard to their attendance at school.
- Assigned sex: The sex a person was given at birth, usually based on anatomy or chromosomes (e.g., male, female, intersex, etc.).
- Cisgender: A term used to describe people whose assigned sex matches their gender identity and/or gender expression (e.g., someone who was assigned female at birth and whose gender identity and/or gender expression is also female).
- Gender: The complex interrelationship between a person's body, internal identity, and external expression.
- Gender Expansive: A wider, more flexible range of gender identities or expressions than those typically associated with the binary gender system.
- Gender Expression: The external ways in which a person expresses their gender to the world, such as through their behavior, emotions, mannerisms, dress, grooming habits, interests, and activities.
- Gender Identity: A person’s internal and deeply felt sense of being female, male, both, non-binary, gender-expansive, or other regardless of the gender assigned at birth.
- LGBTQ: An acronym used to reflect the lesbian, gay, bisexual, transgender, and queer community. Includes both sexual orientation and gender identity descriptors.
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Nonbinary: An adjective describing a person whose gender identity does not fall into one of the two binary categories (male or female). For example, maybe they identify as something other than male or female or blend elements of both.
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Sexual Orientation: Who a person is emotionally, physically, and/or romantically attracted to (e.g., gay, straight, lesbian, queer, bisexual, asexual, etc.)
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Transgender: A term often used to describe a person whose gender identity or expression, or both, are different from those traditionally associated with their sex assigned at birth.
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Transitioning: The process in which a person goes from living and identifying as one gender to living and identifying as another.
An appropriate school employee will privately ask a known transgender or gender-expansive student how they would like to be addressed in class, in correspondence to the home, and at conferences with the student’s parent/guardian. That information will be included in the electronic student record system along with the student’s legal name in order to inform teachers and staff of the name and pronoun by which to address the student. However, the student’s legal name should be accessible by only necessary staff members—it should not be visible to teachers or other staff who have access to the electronic records system.
The standardized high school transcript is the only official record that requires a student’s legal name. The district will change a student's official records to reflect a change in legal name upon receipt of:
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Documentation that the student’s legal name or gender has been changed pursuant to a court order or through amendment of state or federally issued identification; or
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A written, signed statement explaining that the student has exercised a common-law name change and has changed their name for all intents and purposes and that the change has not been made for fraudulent reasons.
Information about a student's gender identity, legal name, or assigned sex at birth may constitute confidential medical or educational information. Disclosing this information to other students, their parents, or other third parties may violate privacy laws, such as the federal Family Education Rights and Privacy Act (FERPA) (20 U.S.C. §1232; 34 C.F.R. Part 99). Parents have the right under FERPA to request their student's records and if requested, the district will provide the student's educational records to the parent according to 3231/3231P - Student Records. To ensure the safety and well-being of the student, school employees should not disclose a student's transgender or gender-expansive status to others, including other school personnel, other students, or the parents of other students, unless the school is (1) legally required to do so or (2) the student has authorized such disclosure. Nothing in this Procedure shall be interpreted to prohibit disclosure of such information in the case of emergency, or under another exception recognized by FERPA, or from complying with the district’s duty to disclose student records to parents as required by FERPA.
Students will be allowed to use the restroom that is consistent with their gender expression or identity. Any student—regardless of gender identity—who requests greater privacy should be given access to an alternative restroom. However, schools may not require a student to use an alternative restroom because of their transgender or gender-expansive status.
Locker Room Accessibility
Use of locker rooms by transgender or gender-expansive students will be assessed on a case-by-case basis, with the goal of maximizing transgender or gender-expansive student social integration, providing an equal opportunity to participate in physical education classes and athletic opportunities, and ensuring the student’s safety. The district will take an approach that conforms with OSPI's guidelines. In most cases, the district should provide the student access to the locker room that corresponds to the gender identity they assert at school. Reasonable alternatives to locker room conditions for any student who wants additional privacy include, but are not limited to:
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Use of a private area (e.g., nearby restroom stall with a door, an area separated by a curtain, an office in the locker room, or a nearby health office restroom);
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A separate changing schedule (i.e., utilizing the locker room before or after the other students).
The district will provide all students, including transgender and gender-expansive students, the opportunity to participate in physical education and athletic programs/opportunities in a manner that is consistent with their gender identity.
The district will allow students to dress in a manner that is consistent with their gender identity and/or gender expression within the constraints of the dress codes adopted at their school site and within the constraints of the district guidelines for dress as they relate to health and safety issues (e.g., prohibitions on wearing gang-related apparel). School dress codes will be gender-neutral and will not restrict a student's clothing choices on the basis of gender. The district will take an approach that conforms with OSPI's guidelines.
In any school activity or other circumstance involving separation by gender (i.e., class discussions, field trips, and overnight trips), students will be permitted to participate in accordance with the gender identity they assert at school. Teachers and other school employees will make every effort to separate students based on factors other than gender where practicable.
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Terms and concepts related to gender identity, gender expression, and gender diversity in children and adolescents;
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Appropriate strategies for communicating with students and parents about issues related to gender identity and gender expression, while protecting student privacy;
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Strategies for preventing and intervening in incidents of harassment and discrimination, including bullying and cyber-bullying;
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District and staff responsibilities under applicable laws and district policies regarding harassment, discrimination, gender identity, and gender expression issues.
Discrimination and harassment on the basis of sex, gender identity, or gender expression are prohibited within the district. It is the responsibility of each school, the district, and all staff to ensure that all students, including transgender and gender-expansive students, have a safe school environment. The scope of this responsibility includes ensuring that any incident of discrimination or harassment is given immediate attention and/or reported to the person designated as the primary contact relating to transgender or gender-expansive students. The primary contact will communicate with the district’s Civil Rights Compliance Coordinator.
Automated Messages
- Phone Calls: All parents/guardians who have provided their phone number to the school or district will receive phone calls with information regarding school updates, attendance, food account balances and emergencies. Parents/guardians may change their contact numbers or opt out of receiving non-emergency calls at any time by contacting their student’s school office or logging into the Skylert system through Skyward Family Access and de-selecting non-emergency calls.
- Text messages: All parents/guardians can opt into receiving emergency notifications via text message. To opt in at any time, send the message “Y” or “YES” to 67587. To opt out at any time, send the message “STOP” to 67587.
Family Educational Rights and Privacy Act (FERPA)
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The right to inspect and review a student’s education records within 45 days of the date the district receives a request for access. Parents or eligible students should submit to the school principal or other appropriate school official a written request that identifies the records they wish to inspect. The principal will make arrangements for access and notify the parents or eligible students of the time and place where the records may be inspected.
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The right to request an amendment of the student’s education records that the parent or eligible student believes to be inaccurate or misleading. A written request should be submitted to the school principal clearly identifying the part of the records for which a change is requested and explaining why it is considered to be inaccurate or misleading. If Franklin Pierce Schools decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding their request for the amendment. Additional information regarding hearing procedures will be provided to the parents or eligible student when they are notified of their right to a hearing.
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Parent/guardians or eligible students have a right to inspect or review information, including when the student is a dependent under IRS tax code, when the student has violated a law or the school rules regarding alcohol or substance abuse (and the student is under 21), and when the information is needed to protect the health or safety of the student or other individuals.
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The right to consent to disclosures of personally identifiable information contained in the student’s educational records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the district has contracted to perform a special task (such as an attorney, hearing officer, auditor, medical consultant, or therapist); or a parent/guardian or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the district discloses educational records without consent to officials of another school district in which a student seeks or intends to enroll.
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The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-4605.
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A student’s name
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A student’s address, telephone listing, and email address
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The student’s image or likeness in pictures, videotape, film, or other medium
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The student’s date and place of birth
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The student’s course of study
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Participation in officially recognized activities and sports
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Height and weight of a member of an athletic team
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Dates of attendance
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The most recent school attended by the student
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Degrees and awards received
Federal Programs Citizen Complaint Process
You have the right to file a citizen complaint if you believe that a violation of a federal rule, law, or regulation or state regulation that applies to a federal program has occurred. An overview of the citizen complaint process described fully in Chapter 392–168 WAC, Special Service Programs— Citizen Complaint Procedure for Certain Categorical Federal Programs.
For complaints that allege discrimination, please review the process through Equity and Civil Rights.
Complaints Related to Federal Programs A citizen complaint is a written statement that alleges a violation of a federal rule, law or regulation, or state regulation that applies to a federal program.
- Anyone can file a citizen complaint.
- There is no special form.
- There is no need to know the law that governs a federal program to file a complaint.
Federal Programs Included for the Citizen Complaint Process can be found in WAC 392-168-115.
There is a five-step process through which a citizen can file a complaint again a district or other school service provider, as well as a four-step process through which a citizen can file a complaint against OSPI.
More information about this process can be found on the Office of Superintendent of Public Instruction (OSPI) for Washington State’s website at: Citizen Complaints-Federal Programs | OSPI (www.k12.wa.us) or https://www.k12.wa.us/policy-funding/grants-grant-management/closing-educational-achievement-gaps-title-i-part/citizen-complaints-federal-programs.
Highly Capable Program
The district will provide a continuance of services for highly capable students at the elementary, middle, and high schools levels.
- In kindergarten through grade 3, the needs of highly capable students are met through differentiation and individualization in the general education classroom.
- In grades 4-5, the needs of highly capable students are met through differentiated instruction in the general education classroom and/or placement in a full time highly capable program.
- In grades 6-12, the needs of highly capable students are met through differentiated instruction in the general education classroom, subject and/or grade acceleration, and challenging course placement. Specific counseling support will be available for identified highly capable students in selecting appropriately challenging courses. Dual credit opportunities available to students include Advanced Placement, Career and Technical Education, College in the High School, and Running Start.
For more information related to our highly capable selection process you may visit our district website, contact your student’s school, or contact the Director of Data, Assessment, and Highly Capable at (253) 298-3062.
Maintaining Professional Staff/Student Boundaries
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Any type of inappropriate physical contact with a student or any other conduct that might be considered harassment under the district’s policy on Sex Discrimination and Sex-Based Harassment Prohibited (Policy 3205); Prohibition of Harassment, Intimidation, and Bullying (Policy 3207); Nondiscrimination (Policy 3210); Title IX of the Education Amendments of 1972 (Title IX); the Washington State Law Against Discrimination (Chapter 49.60 RCW); or that constitutes misconduct under RCW 28A.640 and .642 or WAC 181-88-060; or any conduct that would constitute a violation of Chapter 9A.44 or 9A.88 RCW;
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Showing pornography to a student;
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Singling out a particular student or students for personal attention and friendship beyond the professional staff/student relationship;
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Socializing where students are consuming alcohol, drugs, or tobacco;
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For non-guidance/counseling staff, encouraging students to confide their personal or family problems and/or relationships. If a student initiates such discussions, staff members are expected to refer the student to appropriate guidance/counseling staff. In either case, staff involvement should be limited to a direct connection to the student’s school performance;
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Sending students on personal errands unrelated to any educational purpose;
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Banter, allusions, jokes, or innuendos of a sexual nature with students;
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Disclosing personal, sexual, family, and/or employment concerns, or other private matters, to one or more students;
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Addressing students, or permitting students to address staff members, with personalized terms of endearment, pet names, or otherwise in an overly familiar manner;
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Maintaining personal contact with a student outside of school by phone, email, instant messenger, internet chat rooms, social networking websites, or letters beyond homework or other legitimate school business without including the building administrator/supervisor and parent/guardian;
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Exchanging personal gifts, cards, or letters with an individual student;
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Socializing or spending time with students (including, but not limited to, activities such as going out for beverages, meals, or movies; shopping; traveling; and recreational activities) outside of school-sponsored events, except as participants in organized community activities;
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Giving a student a ride alone in a vehicle in a non-emergency situation;
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Unnecessarily invading a student’s privacy (e.g. walking in on the student in the bathroom);
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Soliciting or sending phone, email, text messages, or other forms of written or electronic communication to students without building administrator/supervisor and parent permission when the communication is unrelated to school work or other legitimate school business; or
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Any other conduct that fails to maintain professional staff/student boundaries.
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Being alone with an individual student out of the view of others;
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Inviting or allowing individual students to visit the staff member’s home;
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Visiting a student’s home; or
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Soliciting or sending email, text messages, or other electronic communications to the student, even when the communication relates to school business, except where the parent/guardian and building administrator/supervisor has consented to such communications and receives a copy of the communication. Staff should use school email addresses and phone numbers and the parent/guardian phone numbers for communications with students, except in emergency situations.
Online Classes
OSPI Annual Report Card
The Washington State Report Card shares information about our K-12 schools. It is important for parents, families, community members, and students to have updated information to engage in our schools. Some of the information you will find includes:
- School/district performance across multiple student measures, such as assessment proficiency, graduation rates, student growth, and discipline
- Data on classroom teachers, such as teacher qualification and student-teacher ratios
- Information about school and district finances, such as per-pupil expenditures
To find this information, please visit https://washingtonstatereportcard.ospi.k12.wa.us/. From there, you will find a field to type in our district or school name. Press “Go” to view the data requested.
Protection of Pupil Rights Act
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Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education:
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Political affiliations or beliefs of the student or student’s parent;
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Mental or psychological problems of the student or student’s family;
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Sex behavior or attitudes;
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Illegal, anti-social, self-incriminating, or demeaning behavior;
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Critical appraisals of others with whom respondents have close family relationships;
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Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
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Religious practices, affiliations, or beliefs of the student or student’s parent; or
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Income, other than as required by law to determine program eligibility.
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Receive notice and an opportunity to opt a student out of:
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Any other protected information survey, regardless of funding;
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Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
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Activities involving collection, disclosure, or use of personal information collected from students for marketing or to sell or otherwise distribute the information to others. (This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions.)
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Inspect, upon request and before administration or use:
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Protected information surveys of students and surveys created by a third party;
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Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
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Instructional material used as part of the educational curriculum.
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Collection, disclosure, or use of personal information collected from students for marketing, sales, or other distribution.
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Administration of any protected information survey not funded in whole or in part by U.S. Department of Education.
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Any non-emergency, invasive physical examination or screening as described above.
U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202.
Public Records
Special Education
Franklin Pierce Schools will make policies and procedures and any required evaluations, plans, and reports relating to the Individuals with Disabilities Act (IDEA) Part B program available to the public, upon request, through the district’s Special Education Department and the Superintendent’s Office. For information, call 253-298-3048.
Franklin Pierce Schools will be applying for federal special education funds through IDEA Part B. Please contact the Learning Support Services Department at 253-298-3048 if you wish to review the application.
Title I
Parents of children attending Title I, Part A schools (Ford Middle School, Keithley Middle School, Franklin Pierce High School, Washington High School, and GATES High School) have the right to request and receive information about the qualifications of the educators who teach students core subjects - reading, English language arts, and mathematics. Parents can request whether the teacher has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction, whether the teacher is teaching under emergency certification or other provisional status through which state qualification or licensing criteria have been waived, and whether the teacher is teaching in the field of discipline of the teacher’s certification. Parents may also request information related to the qualifications of paraprofessionals who provide instruction to students. If you would like to request this information, you may contact the Title I Coordinator at 253-298-3048 or the Human Resources Department at 253-298-3082.
Use of Tobacco, Nicotine Products and Delivery Devices
Wellness Policies
A healthy school experience and environment prepares students and staff to contribute to a thriving community. Wellness will be defined through a holistic lens that covers a variety of dimensions including but not limited to nutrition, nutrition education, physical activity, physical education, recess, health education, social/emotional supports, physical safety, and identity safety. Individuals who experience wellness and balance are more likely to learn more in the classroom and perform better in their respective roles. The board supports the district’s focus on wellness and recognizes the impact individual wellness can have on the collective community. Therefore, it is the policy of the district to provide all staff and students with opportunities to experience and practice well-being.
For more information, view FPS policies and procedures 6700 – Nutrition, 6701 – Recess and Physical Activity, and 6702 – Wellness available on our district website at www.fpschools.org.