Sexual Harassment

The district recognizes that sexual harassment can interfere with a student’s academic performance and emotional and physical wellbeing and that preventing and remedying sexual harassment in schools is essential to ensure a nondiscriminatory, safe environment in which students can learn. In addition, sexual harassment is recognized as a form of sex discrimination and thus is a violation of the laws that prohibit sex discrimination.

Unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal or physical conduct of a sexual nature may constitute sexual harassment, even if the harasser and the student being harassed are the same sex and whether or not the student resists or submits to the harasser when:

Submission to such conduct is made explicitly or implicitly a term or condition of a student’s participation in an education program or activity.

Submission to or rejection of such conduct by a student is used as the basis for education decisions affecting the student.

Such conduct is sufficiently severe, persistent, or pervasive such that it limits a student’s ability to participate in or benefit from an education program or activity or it creates a hostile or abusive educational environment. For a one-time incident to rise to the level of harassment it must be severe.

Any conduct of a sexual nature directed by a student toward a staff member or by a staff member to a student is presumed to be unwelcome and shall constitute sexual harassment.

Acts of verbal or physical aggression, intimidation or hostility based on sex, but not involving conduct of a sexual nature may also constitute sexual harassment.

Sexual harassment as defined above may include, but is not limited to:

1. sex-oriented verbal “kidding,” abuse or harassment
2. pressure for sexual activity,
3. repeated remarks to a person with sexual implications,
4. unwelcome touching, such as patting, pinching or brushing against the body of another,
5. suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one’s grades or similar personal concerns,
6. sexual violence.

Students are encouraged to report all incidences of sexual harassment to a teacher, counselor or principal in their school building and file a complaint. All reports and indications from students, district employees and third parties shall be forwarded to the compliance officer.

The district Title IX Compliance Officer is Laura Galido, Human Resources, 247-5411, ext. 1439. Jackie Oros, Student Services, is the district contact for student-to-student sexual harassment, 247-5411, ext. 1100.

Non-Discrimination Policy

In compliance with Titles VI & VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act of 2008 and Colorado law, Durango School District 9-R does not unlawfully discriminate on the basis of race, color, sex, religion, national origin, ancestry, creed, age, marital status, sexual orientation (which includes transgender), genetic information, conditions related to pregnancy or childbirth, disability or need for special education services in admissions, access to, treatment, or employment in educational programs or activities which it operates. English is not a barrier to admission or participation.

Complaint procedures have been established for students, parents, employees, and members of the public.

Reporting Child Abuse

It is the responsibility of a school official, school employee or other involved person to report, in good faith, actual, potential, or suspected child abuse or neglect to the appropriate authorities.

A person who reports child abuse or neglect in good faith is immune from civil or criminal liability.

Sex Offender Information

Colorado law requires school districts to notify parents about the availability of copies of the Colorado Sex Offender list. Copies of the list are available through the Durango Police Department and the La Plata County Sheriff’s Department.

Asbestos Plan

Durango School District 9-R is required to develop and maintain an asbestos management plan under the Asbestos Hazard Emergency Response Act of 1986. This plan identifies asbestos-containing materials in school buildings and outlines how this material will be managed. A copy of each building’s asbestos management plan, along with a report on the three-year re-inspection of that building, is located in the administrative office of each building. Questions regarding the asbestos management plan should be directed to the Facilities Department at 247-5411, ext. 1459.

Student Records and Transfers

When students enroll or intend to enroll in another school, Durango School District 9-R will forward student educational records upon the request of the student’s new school. The transfer will include any disciplinary records pertaining to an out-of-school suspension or expulsion, as required by the Family Educational Rights and Privacy Act.

Protecting Student Information

The Family Educational Rights and Privacy Act (FERPA) and the Colorado Public Records Act (COPRA) protect the privacy of student education records and give parents certain rights with respect to their children’s education records. As a parent, you have the right to:

Inspect and review your student’s education records maintained by the school.

Request that a school correct records that you believe to be inaccurate or misleading. If school administrators believe the record should remain as is, you have a right to a hearing, and if the hearing rules in favor of the school, you have the right to include a statement in the record about your viewpoint regarding the record in question.

Control the release of directory information as defined by FERPA and COPRA.

Review and consent to your student’s involvement in any survey, analysis, or research involving personal information.

Parents have the right to prohibit the district from releasing such information by submitting the FERPA opt-out form, available on durangoschools.org or at your school. Completed forms can be returned to the school office.

Media Policy

There may be times during the school year when different media groups (newspapers, television, university, school production class, district public relations, etc.) will cover activities at the various Durango 9-R schools with articles, video or still photography that may be published. In addition, schools or the district may want to include school-oriented articles, video or photography on their own websites, newsletters, electronic and print materials.

If parents DO NOT want their child(ren) to be photographed or videotaped for news media or school publicity purposes, please request an “opt-out media form” from your child’s school.  Simply complete that form and return it to your school’s front office so the school has a record of your request that your child(ren) are not to be photographed or videotaped by news media or for school district publicity.

District photographers will make every reasonable effort to identify the primary subjects in photographs and to not publish photos containing students on the opt-out list.

This form will be good for the current school year.

This policy relates to classroom activities or school events that are not already open to the public. Public events such as sporting events, theatre productions, etc. are considered open to the public and photographers and videographers are not included in this policy.

Military Policy

The federal Every Student Succeeds Act (ESSA) requires the Department of Education (DOE) to provide to military recruiters, upon their request, the name, address, and telephone number (including unlisted number) of secondary school students. If any secondary student or the parent/guardian of a secondary student does not want the DOE to provide the requested information to military recruiters, the secondary student or the parent/guardian must “opt out” of providing such information. To opt out, fill out a Military Opt-Out Form at your school. 

 FERPA

The Family Educational Rights and Privacy Act (FERPA) provides families options on how they want to protect their student’s privacy. Students are automatically opted-in unless parents notify the district of their preferences by filing a FERPA Opt-Out Form. Unless opted-out, FERPA allows schools to publish student information in directories, including yearbooks, team rosters, honor roll etc.

 Surveys

From time to time, the district will survey students about different topics. If the survey is funded in part by the U.S. Department of Education and asks about any of the topics at right, the district will send parents and guardians a notice requesting their permission for their student’s participation before administering the survey.

When the district administers surveys that ask about protected information, regardless of funding, it will send a notice to parents so that they may choose to opt a student out of a particular survey.

Parents have a right to inspect surveys administered to students.

Teacher and Paraprofessional Qualifications

1. Whether the student’s teacher- 
   
   • Has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction;
   • Is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived; and
   • Is teaching in the field of discipline of the certification of the teacher.
     • Whether the child is provided services by paraprofessionals and, if so, their qualifications.

• Information on the level of achievement and academic growth of the student, if applicable and available on each of the state academic assessments required; and
• Timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable state certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.

Annual Report

Every year, school districts in Colorado report about their performance to their communities, based on requirements in the Every Student Succeeds Act. In addition, state law has required that district report district accreditation information. Both the information required by federal law and district accreditation information is now available through the Colorado Department of Education.