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HomeMy WebLinkAboutRes 18-10 WA Adopting and Amending the Board Policy Manual WESTLAKE ACADEMY RESOLUTION 18-10 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD AMENDING AND ADOPTING A CHILD ABUSE AND NEGLECT POLICY, STUDENT SAFETY POLICY, IMMUNIZATION POLICY, FOOD ALLERGY POLICY AND SCHOOL ATTENDANCE POLICY. WHEREAS, the State of Texas requires schools to comply with certain federal and state laws; and, WHEREAS, Westlake Academy is required to adhere to state policies and regulations regarding federal and state laws; and, WHEREAS, Westlake Academy views student welfare, safety and school attendance as essential to academic excellence; and, WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the students, their parents, and faculty of Westlake Academy, as well as the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Board of Trustees of Westlake Academy hereby amends and adopts the following policies: • Child Abuse and Neglect Policy—Exhibit A • Student Safety Policy—Exhibit B • Immunization Policy—Exhibit C • Food Allergy Policy—Exhibit D • School Attendance Policy—Exhibit E SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution WA 18-10 Page 1 of 14 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 151h DAY OF AUGUST 2018. Laura Wheat, President ATTEST: Ke4 Edw s, Board Secretary Thomas E. ryme , e nten ent APPROVED AS TO FORM: , 7� di� Janet S. Bubert or L. Stanton Lowry, School Attorney Resolution WA 18-10 Page 2 of 14 Exhibit A TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 8.02: Date Board Adopted: August 15, 2018 Effective Date: August 15, 2018 Policy Category: Student Services Policy Name: Child Abuse and Neglect Policy Goal: To provide opportunities for students to acquire anti-victimization skills and establish procedures for reporting suspected child abuse or neglect. Policy Description: Westlake Academy shall provide child abuse anti-victimization programs for all primary and secondary students. Education Code 38.004. The Academy shall also adopt and train staff on procedures for reporting instances of child abuse and neglect as required by the Texas Family Code. Any person who has cause to believe a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as required by Family Code 261.101. If a professional has cause to believe that a child has been or may be abused or neglected, including a belief that a child is a victim of an offense under Texas Penal Code Section 21.11 (Indecency with a Child), the professional shall make a report within 48 hours after the professional first suspects abuse or neglect. A professional may not delegate to or rely on another person to make the report. A "professional" is an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children. The term includes teachers, nurses, doctors, day-care employees, and juvenile detention or correctional officers. Family Code 261.101(b) A notice of employee responsibilities and procedures for reporting suspected child abuse and neglect is outlined in the Westlake Academy Parent Student Handbook. Resolution WA 18-10 Page 3 of 14 Exhibit B TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 8.03: Date Board Adopted: August 15, 2018 Effective Date: August 15, 2018 Policy Category: Student Services Policy Name: Student Safety Policy Goal: To provide a safe environment and communication with families in the event of educator misconduct. Policy Description: Westlake Academy shall provide notice to the parent or guardian of a student with whom an educator is alleged to have engaged in misconduct as defined by this Policy and Education Code 21.006(b)(2). Misconduct is defined as: 1. Abuse of a student or minor, or unlawful act with a student or minor; 2. Involved in a romantic relationship with, or solicited or engaged in sexual contact with a student or minor. Westlake Academy shall inform the parent or guardian: 1. As soon as feasible that the alleged misconduct may have occurred; 2. Whether the educator was terminated following an investigation of the alleged misconduct or resigned before the completion of the investigation; and 3. Whether a report was submitted to the State Board for Educator Certification(SBEC) concerning the alleged misconduct. Education Code 21.0061 Resolution WA 18-10 Page 4 of 14 Exhibit C TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 8.04: Date Board Adopted: August 15, 2018 Date Board Amended: N/A Effective Date: August 15, 2018 Policy Category: Student Services Policy Name: Immunization Policy Goal: To promote student health and wellness through required immunizations for school admission. Policy Description: The immunization policy ensures compliance with immunization requirements identified by the Texas Department of State Health Services (TDSHS), provides an awareness program for stakeholders, and incorporates procedures for provisional admission, completion of vaccinations and a review of vaccination status. Each student shall be fully immunized against diphtheria, rubeola (measles), rubella, mumps, tetanus, and poliomyelitis. TDSHS may modify or delete any of these immunizations or may require immunizations against additional diseases as a requirement for admission to any elementary or secondary school. Education Code 38.001(a), (b) Students in kindergarten through twelfth grade shall have the following additional vaccines, according to the immunization schedules set forth in TDSHS regulations: pertussis, hepatitis 13, hepatitis A (as applicable to the grade levels specified in state rule), and varicella (chickenpox). TDSHS requires students enrolling in seventh through twelfth grades to have one dose of meningococcal vaccine on or after the student's 1 lth birthday. 25 Tex.Admin. Code 97.63 Westlake Academy shall post the following on its website: 1. A list, in English and Spanish, of: 2. The immunizations required by TDSHS for admission to public school; 3. Any immunizations or vaccines recommended for public school students by TDSHS. The list must include the influenza vaccine, unless TDSHS requires the influenza vaccine for admission to a public school; and 4. Health clinics in the community that offer the influenza vaccine, to the extent those clinics are known to the district; and Resolution WA 18-10 Page 5 of 14 5. A link to the TDSHS Internet website where a person may obtain information relating to the procedures for claiming an exemption from the immunization requirements. Westlake Academy shall comply with the provisions of Education Code Chapter 38 and Title 25 of the Texas Administrative Code Chapter 97 regarding immunization requirements, exceptions, and documentation, including provisional admission, completion of vaccinations and a review of vaccination status. Further information on immunization requirements, including the procedures for claiming an exception to the immunization policy, provisional admission, completion of vaccinations and a review of vaccination status, may be found on the Westlake Academy Website in the section `Student Life/Services-Health on Campus' and in the Parent/Student Handbook. Resolution WA 18-10 Page 6 of 14 Exhibit D TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 8.05: Date Board Adopted: August 15,2018 Date Board Amended: N/A Effective Date: August 15, 2018 Policy Category: Student Services Policy Name: Food Allergies Policy Goal: The purpose of the food allergy policy is to provide appropriate and clear guidelines to protect students from severe reactions or fatalities associated with anaphylaxis by providing an opportunity for effective and quick-response use of epinephrine. Policy Description: Westlake Academy will adopt guidelines/procedures on student food allergy management plans to limit the risk posed to students with food allergies. In accordance with Texas Education Code Section 38.0151, this policy provides guidelines for the care of students with diagnosed food allergies at risk for anaphylaxis based on the guidance developed by state authorities. The following components will be used in developing and administering plans to care for students diagnosed with food allergies: 1. Identification of students with food allergies at risk for anaphylaxis; 2. Development, implementation, communication and monitoring of emergency care plans, 504 plans and/or individual health care plans for students with food allergies at risk for anaphylaxis; 3. Reducing the risk of exposure within the school setting; 4. Training programs for school staff on anaphylaxis and emergency response to anaphylactic reactions; 5. Methods for requesting specific food allergy information from a parent of a student with a diagnosed food allergy; 6. Annual review of the school's food allergy management plan. Resolution WA 18-10 Page 7 of 14 Westlake Academy will ensure guidelines for the care of students with food allergies at risk for anaphylaxis includes the roles and responsibilities of the parents, administration, nurses, teachers, dining hall manager, students and contract cleaning/custodial personnel. Further information on food allergies, and the roles and responsibilities of certain individuals may be found on the Westlake Academy Website in the section `Student Life/Services-Health on Campus.' The reference guide `Guidelines for the Care of Students with Food Allergies At-Risk for Anaphylaxis' will also be posted and used as a reference guide. Additional guidelines on food allergies shall be published in the Parent/Student Handbook on an annual basis. Resolution WA 18-10 Page 8 of 14 Exhibit E TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 3.02: Date Board Adopted: August 3,2009 Date Board Amended: August 15, 2018 Effective Date: August 15, 2018 Policy CatejZory: Parent, Student and Faculty Relations and Expectations Policy Name: Attendance Policy Goal: To encourage attendance and outline expectations and requirements for students and parents. Policy Description: Regular and consistent attendance is required to achieve academic success at Westlake Academy. Poor attendance is a major contributing factor toward receiving unsatisfactory grades and results in an additional commitment of after school hours to complete make-up assignments and review of class lecture notes. Compulsory Attendance Students who are at least six years of age, or who have been previously enrolled in first grade, and who have not yet reached their 19th birthday shall attend school for the entire period the program is offered, unless exempted as indicated below. On enrollment in prekindergarten or kindergarten, a student shall attend school. Education Code 25.085(a)—(c) Westlake Academy requires cooperation from parents in the matter of school attendance and punctuality. Parents should: • Ensure your child arrives and is picked up on time each day. Families who do not pick up their students by the time specified in the Parent/Student Handbook may be subject to a late pick up fee after the second offense. • Schedule routine medical and dental appointments after school hours when possible. • Schedule family vacations during the school's vacation days and notify the school prior to any planned absence. • Parents should inform the office before 10:00 am of any absences. A student is exempt from compulsory attendance requirements if: Resolution WA 18-10 Page 9 of 14 I. The student is eligible to participate in a district's special education program under Education Code 29.003 and cannot be appropriately served by the resident district. 2. The student has a temporary and remediable physical or mental condition that makes attendance infeasible and the student has a certificate from a qualified physician specifying the temporary condition, indicating the prescribed treatment, and covering the anticipated period of absence for the purpose of receiving and recuperating from remedial treatment. Education Code 25.086 Voluntary Enrollment of Students 19 and Over A person who voluntarily enrolls in school or voluntarily attends school after the person's 19th birthday shall attend school each school day for the entire period the program of instruction is offered. A board may adopt a policy requiring the student who is under 21 years of age to attend school until the end of the school year. After the third unexcused absence of a person who voluntarily enrolls, a district shall issue a warning letter to the person that states the person's enrollment may be revoked for the remainder of the school year if the person has more than five unexcused absences in a semester. A district may revoke for the remainder of the school year the enrollment of a person who has more than five unexcused absences in a semester, except a school district may not revoke the enrollment of a person under this provision on a day on which the person is physically present at school. A person whose enrollment is revoked for exceeding this limit may be considered an unauthorized person on school grounds for the purposes of Education Code 37.107 regarding trespassing. As an alternative to revoking a person's enrollment, a school district may impose a behavior improvement plan described by Education Code 25.0915(a-1)(1). Education Code 25.085(e)—(h) Excused Absences A district shall excuse a student from attending school for the following purposes: 1. Observing religious holy days, including one day of travel to and from the site where the student will observe the holy days, if necessary. 2. Attending a required court appearance, including one day of travel to and from the site where the court is located, if necessary. 3. Appearing at a governmental office to complete paperwork required in connection with the student's application for United States citizenship, including one day of travel to and from the site of the governmental office, if necessary. Resolution WA 18-10 Page 10 of 14 4. Taking part in a United States naturalization oath ceremony, including one day of travel to and from the site of the ceremony, if necessary. 5. Serving as an election clerk, including one day of travel to and from the site where the student will serve as an election clerk, if necessary. 6. A student in the conservatorship of the Department of Family and Protective Services (DFPS) shall be excused in order to participate, as determined and documented by DFPS, in an activity: A) Ordered by a court under Family Code Chapter 262 or 263, provided that it is not practicable to schedule the participation outside of school hours, or B) Required under a service plan under Family Code Chapter 263, Subchapter B. Education Code 25.087(b)(1); 19 TAC 129.210)(3) 7. A temporary absence resulting from an appointment with a health-care professional for the student or the student's child if the student commences classes or returns to school on the same day of the appointment. The student or parent must provide documentation of the appointment from the health-care professional. "Temporary absence" also includes an absence of a student diagnosed with autism spectrum disorder on the day of the student's appointment with a health- care practitioner to receive a generally recognized service for persons with autism spectrum disorder, including applied behavioral analysis, speech therapy, and occupational therapy. Education Code 25.08(b)(2), (b-3); 19 TAC 129.216)(3) 8. For students in the Diploma Program (11th or 12th grade), an absence to visit an institution of higher education accredited by a generally recognized accrediting organization for the purpose of determining the student's interest in attending the institution of higher education. Excused absences under this provision may not exceed two days and must be supported by documentation to verify the student's visit at the institution of higher education. Education Code 25.087(b-2),- 19 5.087(b-2);19 TAC 129.210)(3) 9. A student whose parent, stepparent, or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or immediately returned from continuous deployment of at least four months outside the locality where the parent, stepparent, or guardian regularly resides, shall be excused from school to visit with the student's parent, stepparent, or guardian. An absence under this provision may not exceed five days in a school year. An excused absence under this provision must be taken not earlier than the 60th day before the date of deployment or not later than the 30th day after the date of return from deployment. Education Code 25.087(b-4) 10. A student who is 17 years of age or older may be excused from attending school to pursue enlistment in a branch of the armed services of the United States or the Texas National Guard, provided that: the absence is not for more than four days of school during the period the student is enrolled in high school; and the Academy verifies the student's activities related to pursuing enlistment in a branch of the armed services or the Texas National Guard. Education Code 25.087(b-5), (b-6) Resolution WA 18-10 Page 1 1 of 14 11. A student in grades 6 through 12 may be excused for the purpose of sounding "Taps" at a military honors funeral held in this state for a deceased veteran. Education Code 25.087(c) Documenting Attendance & Make-Up Work A student whose absence is excused for a reason described above shall not be penalized for that absence and shall be counted as if the student attended school for purposes of calculating the average daily attendance of students. The student shall be allowed a reasonable time to make up school work missed on the days. If the student satisfactorily completes the work, the days of absence shall be counted as days of compulsory attendance. Education Code 25.087(d) Notice to Parents The Academy shall notify a student's parent in writing at the beginning of the school year that, if the student is absent from school on ten or more days or parts of days within a six-month period in the same school year, the student's parent is subject to prosecution under Education Code Section 25.093, and the student is subject to referral to a truancy court for truant conduct under Family Code Section 65.003(a). Notice of Absences The Academy shall notify a student's parent if the student has been absent from school, without excuse under Education Code Section 25.087, on three days or parts of days within a four-week period. The notice must: 1. Inform the parent that: a. It is the parent's duty to monitor the student's school attendance and require the student to attend school; and b. The student is subject to truancy prevention measures under Education Code Section 25.0915; and 2. Request a conference between school officials and the parent to discuss the absences. The fact that a parent did not receive the notices described above is not a defense for the parent's failure to require a child to attend school nor for the student's failure to attend school. Education Code 25.095 Parent Contributing to Non-Attendance A parent or person standing in parental relation commits an offense if- 1. f:1. A warning notice is issued; 2. The parent with criminal negligence fails to require the child to attend school as required by law; and 3. The child has absences for the amount of time specified under Family Code Section 65.003(a). Resolution WA 18-10 Page 12 of 14 The attendance officer or other appropriate school official shall file a complaint against the parent in an appropriate court, as permitted under Education Code Section 25.093. Affirmative Defense - Parent It is an affirmative defense to prosecution that one or more of the absences required to be proven was excused by a school official or should be excused by the court. A decision by the court to excuse an absence for this purpose does not affect the ability of the Academy to determine whether to excuse the absence for another purpose. Education Code 25.093 Student Liability A child engages in truant conduct if the child is required to attend school under the compulsory attendance laws and fails to attend school on ten or more days or parts of days within a six- month period in the same school year. Truant conduct may be prosecuted only as a civil case in a truancy court. Family Code 65.003(a), (b) "Child" means a person who is 12 years of age or older and younger than 19 years of age. Family Code 65.002(1) Affirmative Defense - Student It is an affirmative defense to an allegation of truant conduct that one or more of the absences required to be proven was excused by a school official or by the court or that one or more of the absences were involuntary, but only if there is an insufficient number of unexcused or voluntary absences remaining to constitute truant conduct. The burden is on the child to show by a preponderance of the evidence that the absence was or should be excused or that the absence was involuntary. A decision by the court to excuse an absence does not affect the ability of the district to determine whether to excuse the absence for another purpose. Family Code 65.003(c) Truancy Prevention Measures If a student fails to attend school without excuse on three or more days or parts of days within a four-week period, but does not fail to attend school for the time described below, the district shall initiate truancy prevention measures on the student. Education Code 25.0915(a-4) Referral to Truancy Court If a student fails to attend school without excuse on ten or more days or parts of days within a six-month period in the same school year, the Academy shall within ten school days of the student's tenth absence refer the student to a truancy court for truant conduct under Family Code 65.003(a). Education Code 25.0951 Resolution WA 18-10 Page 13 of 14 Withdrawal of Student In order to continue enrollment from year to year at the Academy, the student or parent must complete the Academy's annual registration process. A student who is not registered by the deadline identified by the Academy and remains unregistered after documented attempts to contact the student/parent will be considered withdrawn from the Academy. Additionally, a student who is absent for five consecutive school days without notice and efforts by administrators to contact the student or parent are unsuccessful will be considered withdrawn from the Academy. Additional procedural information as it relates to attendance shall be recorded and published in the Parent/Student Handbook on an annual basis. Resolution WA 18-10 Page 14 of 14