
Policies & Procedures
- Acceptable Use Policy
- Americans with Disabilities Act (ADA)
- Attendance Procedures & Policies
- Bullying and Cyberbullying Policy
- Bylaws and Policies
- Criminal Organization Procedure
- Family Educational Rights and Privacy Act (FERPA)
- McMillen Student Education Programs
- Media Services
- Nondiscrimination Policy
- Protection of Pupil Rights Amendment (PPRA)
- Reporting Child Abuse and Neglect
- Seclusion and Restraint Procedure
- Tardy and Early Departure Policy
Acceptable Use Policy
Acceptable Use Policy - Series 5000
Fort Wayne Community Schools offers its staff and students access to the Internet. The Internet is an electronic network globally connecting computers and individuals.
5163 Internet Access
Technology greatly increases our students’ educational opportunities. Technology, especially the Internet, allows students to transcend the four walls of their classroom enabling them to experience places they may never have been able to visit otherwise. The Internet provides both students and staff access to information and opportunities that were previously difficult to obtain, untimely, or, in many cases, unavailable. Students can research and access information directly from universities and libraries from the convenience of their own classroom. At the same time, Internet access involves issues of security, privileges, and questions concerning the appropriateness of certain kinds of information. Moreover, in order for such access to be utilized appropriately, students and staff must be trained and be aware of the rights, privileges, and responsibilities connected with such access. Additionally, parents must be informed of their shared responsibility for their children’s safe use of the Internet.
Fort Wayne Community Schools is committed to providing Internet access to students and staff in an equitable, meaningful, and safe manner. The mission of Fort Wayne Community Schools is to educate all students to high standards enabling them to become productive, responsible citizens. Since access to information is a vital part of learning, Internet access will be made available to all students; however, this access will be a part of educational activities that promote and foster student learning. Unfortunately, public places like the Internet can be dangerous. The Internet can put students in contact with inappropriate and potentially harmful material and people. To help protect our students, Fort Wayne Community Schools employs Internet filters and security devices on all student Internet connections. Ultimately, however, staff are responsible for ensuring appropriate access and enforcing policies that are consistent with current state and district standards.
Appropriate training will be provided to all staff that have direct contact with students related to the implementation of this policy. All training regarding this policy will be age and content-appropriate.
The superintendent is authorized to develop regulations, procedures, and guidelines governing the acceptable use of the Internet. Those regulations, procedures, and guidelines should be consistent with applicable law and appropriately balance the needs and concerns of the school corporation, its staff, students, and parents.
5163.1 Staff, Student, and Parent Notification of District-Provided Access to the Internet
Fort Wayne Community Schools offers its staff and students access to the Internet. The Internet is an electronic network globally connecting computers and individuals. The Internet is a tool for learning. This technology will help schools by allowing students and staff to:
- immediately access research information and resources;
- collaborate with other individuals and groups around the world;
- visit distant places without leaving the classroom.
Staff and families should be aware that some material accessible via the Internet contains items that are illegal, defamatory, inaccurate, or potentially offensive. In addition, it is possible to purchase certain goods and services via the Internet which could result in unwanted financial obligations for a student’s parent or guardian.
While the district’s intent is to make Internet access available in order to further educational goals and objectives, students may find ways to access other materials as well. Even technical methods or systems to regulate student Internet access do not guarantee compliance with the district’s acceptable use policy. That notwithstanding, the district believes that the benefits to students of access to the Internet exceed the disadvantages. Ultimately, however, staff are responsible for ensuring appropriate access and enforcing policies that are consistent with current state and district standards. Toward that end, Fort Wayne Community Schools makes the district’s complete Internet policy and procedures available upon request to all staff, parents, guardians, and other members of the community, and provides parents and guardians the option of requesting for their children alternative activities not requiring Internet use.
5163.2 District and Staff Responsibility for FWCS-Provided Access to Electronic Information, Services, and Networks
In making decisions regarding student access to the Internet, Fort Wayne Community Schools considers its own stated mission, goals, and objectives. Electronic information and research skills are now fundamental to our society, and an important component of citizenship and many vocations. Access to the Internet enables students to explore thousands of libraries, databases, bulletin boards, and other resources while communicating with people around the world. The district expects that faculty will blend thoughtful use of the Internet throughout the curriculum and will provide guidance and instruction to students in its use.
Students should use Internet resources in accordance with the guidance and direction of the staff. While students will be able to move beyond those resources to others that have not been reviewed by staff, they shall be provided with classroom instruction, guidelines and lists of resources particularly suited to learning objectives. Classroom instruction will include topics related to safe Internet practices and online behavior. This includes interacting with others on social networking websites and in chat rooms and cyberbullying awareness and response.
- Students utilizing district-provided Internet access must first have the permission of and must be supervised by Fort Wayne Community Schools professional staff. Students utilizing school-provided Internet access are responsible for good behavior online just as they are in a classroom or other area of the school. The same general rules for behavior and communications apply as outlined in the FWCS Student-Parent Handbook.
- The purpose of district-provided Internet access is to facilitate communications in support of research and learning. Student use must be in support of and be consistent with the educational objectives of Fort Wayne Community Schools. Access is a privilege, not a right. Access entails responsibility.
- Internet access and electronic network services provided by Fort Wayne Community Schools are for educational purposes; therefore, Fort Wayne Community Schools has the right to place reasonable restrictions on the material accessed through or posted to the network.
- Users should not expect that files, emails, and other electronic communications stored on or sent to school-based computers and network servers will be private. Electronic communications and files stored on school-based computers and network servers may be treated like school lockers. Administrators and faculty may monitor files and communications to maintain system integrity and insure that users are acting responsibly.
- All student use of district-provided electronic network services is governed by the School Behavior Code as documented in the FWCS Student-Parent Handbook. Additionally, the following specific uses of school-provided Internet or other electronic network access are not permitted:
- to access, upload, download, or distribute pornographic, obscene, or sexually explicit material;
- to transmit obscene, abusive, or sexually explicit language;
- to engage in personal attacks, bullying/cyber-bullying, or harassment, including prejudicial or discriminatory attacks;
- to violate any local, state, or federal statute;
- to use for financial or commercial gain;
- to vandalize, damage, or disable the property of another individual or organization;
- to access another individual’s materials, information, or files without permission; and,
- to violate copyright or otherwise use the intellectual property of another individual or organization without permission.
- Any violation of district policy and rules may result in loss of district-provided access to the Internet. Additional disciplinary action may be warranted in keeping with the existing Student-Parent Handbook. When and where applicable, law enforcement agencies may be involved.
5163.3 Notice to Parents/Guardians Regarding Responsibility for Student Use of FWCS-Provided Access to Electronic Information, Services, and Networks
While the intent of FWCS is to make Internet access available in order to further educational goals and objectives, students may find ways to access other materials as well. Due to the open nature of the Internet, it is impossible for FWCS to institute technical methods or systems to regulate students’ Internet access which will guarantee that students cannot access undesirable material. That notwithstanding, FWCS believes that the benefits to students of access to the Internet exceed the disadvantages. The school staff has a responsibility to monitor individual use of the Internet and take appropriate disciplinary action when necessary.
Ultimately, however, parents and guardians are responsible for setting and conveying the standards that their children should follow when using media and information sources including the Internet. Parents will be provided with the complete FWCS Internet policy and procedures. Fort Wayne Community Schools also provides parents and guardians with the option of requesting for their minor children alternative activities not requiring Internet use.
Outside of school, families bear responsibility for the same guidance of Internet use as they exercise with information sources such as television, telephones, radio, movies, and other media.
5163.4 Disclaimer
Fort Wayne Community Schools makes no warranties of any kind, either expressed or implied, for the Internet access it is providing. The district will not be responsible for any damages users suffer, including, but not limited to:
- the loss of data resulting from delays or interruptions in service;
- the accuracy, nature, or quality of information stored on any electronic media, hard drives, or servers;
- the accuracy, nature, or quality of information gathered through district-provided Internet access;
- personal property used to access district computers or networks or for district-provided Internet access;
- unauthorized financial obligations resulting from district-provided access to the Internet.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination. Fort Wayne Community Schools (FWCS) is committed to ensuring the accessibility of its website for people with disabilities. All content produced by FWCS is intended to meet accessibility guidelines. We continue to monitor our pages to ensure continued conformance as well as needed improvements to meet updated accessibility guidelines. Monitoring is done using internal methods and third-party consultation.
All site pages include a link to Let's Talk, our online feedback system. This includes an option to provide feedback related to an accessibility barrier or issue. Our goal is to respond to all feedback within three business days. Feedback related to accessibility issues will be addressed by our technology department.
Attendance Procedures & Policies
Attendance and Truancy Prevention Procedures
Absenteeism and truancy are major obstacles to ensuring the education of students, and both excused and unexcused absences count against school accountability scores. These procedures implement Board Policy 5200, Attendance, and 5215, Habitual Absence, and conforms with the requirements of Indiana law and reporting obligations of the Indiana Department of Education and State Attendance Officer.
Students Counted as Present. Per Ind. Code § 20-33-2-3.2, “attend” means to be physically present: (1) in a school; or (2) at another location where the school’s educational program in which a person is enrolled is being conducted; during regular school hours on a day in which the educational program in which the person is enrolled is being offered. FWCS will record and report all students that meet the State’s definition of attend as present.
Codes:
- PI = present/in attendance; this includes
- students that receive homebound instruction
- students on field trips
- students participating in Work Based Learning
- students receiving instruction via Edgenuity at any location
- students at the Allen County Juvenile Center (ACJC). Detention in any other facility that provides instruction will be considered exempt (DT). Please see Section 2 below.
- PV = present virtually; used only for remote, e-learning days, and the Virtual Academy. The instruction must be for an “all school planned or unplanned virtual day” per the IDOE.
- OFF = student is present but in the main office, nurse’s office, counselor’s office, etc.
Absences Counted as Present (Exempt). The State recognizes the following absences as exempt from the in-person attendance requirements. FWCS shall report these as present to the State.
Codes:
- AB = Absent but Counted Present
- Serving as a page or honoree of the Indiana General Assembly (IC 20-33-2-14)
- Serving on the precinct election board or as a helper to a political candidate or party on the day of a municipal, primary or general election (IC 20-33-2-15)
- Serving as an active-duty member of the armed forces, including the National Guard for at least 15 days in a school year (IC 20-33-2-17)
- Serving with the Civil Air Patrol for up to five (5) days (IC 20-33-2-17.2)
- The student or a member of the student’s household exhibits or participates in the Indiana State Fair for educational purposes (IC 20-33-2-17.7)
Bullying and Cyberbullying Policy
Indiana law defines bullying as overt, unwanted, repeated acts or gestures, including verbal or written communications or images transmitted in any manner (including digitally or electronically), physical acts committed, aggression, or any other behaviors, that are committed by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate or harm the targeted student and create for the targeted student an objectively hostile school environment that: (1) places the targeted student in reasonable fear of harm to the targeted student’s person or property; (2) has a substantially detrimental effect on the targeted student’s physical or mental health; (3) has the effect of substantially interfering with the targeted student’s academic performance; or (4) has the effect of substantially interfering with the targeted student’s ability to participate in or benefit from the services, activities and privileges provided by the school.
The Fort Wayne Community Schools Board of School Trustees Policy 5601 prohibits acts of harassment, intimidation and bullying of or by students. Students require a safe and civil school environment to learn and bullying disrupts the District’s ability to educate all students to high standards. Students and staff shall treat others with civility and respect.
Are you being bullied or do you know someone who is?
Report it
The Board delegates to the Superintendent the authority to develop procedures for reporting and investigating incidents of bullying in the District. The procedures shall define bullying, with recognition that bullying can be verbal or physical, and can occur in social/relational or electronic/written forms. The District shall train staff and volunteers who have direct, on-going contact with students about the procedures and will provide age-appropriate, research-based instruction to students on bullying prevention.
Further the District shall adopt disciplinary rules in the FWCS Community and Support Guide to assure appropriate consequences and remedial responses for incidents of bullying. Reprisal or retaliation against individuals who report bullying activity or who are victims, witnesses, bystanders or others with reliable information about an act or instances of bullying is prohibited.
Bylaws and Policies
Bylaws and Policies of the School Board of Fort Wayne Community Schools incorporate quotations from the statutes and administrative code of the State of Indiana as well as from the federal statutes and regulations.
Criminal Organization Procedure
Criminal Organization Procedure
This policy implements FWCS Board Policy 5603, Criminal Organizations, and complies with the mandates of IC 20-26-18.
Fort Wayne Community Schools prohibits criminal-organization activity and similar destructive or illegal group behavior on school property, school buses, or at school-sponsored functions.
The District encourages students and requires staff to report conduct that threatens the safety of our schools and will not allow any form of reprisal against an individual who brings forward reliable information of destructive or illegal activity, whether from one person or a group of people.
The District encourages students and requires staff to report suspected criminal-organization activity.
Definition
Indiana law defines a criminal organization as a group with at least three (3) members that specifically
(1) either (A) promotes, sponsors, or assists in; or (B) participates in; or
(2) requires as a condition of membership or continued membership
the commission of a felony or an act that would be a felony if committed by an adult or the criminal offense of battery.
In addition, students who knowingly or intentionally actively participate in a criminal organization, or students who knowingly or intentionally solicit, recruit, entice or intimidate another individual to join a criminal organization are said to be engaged in criminal organization activity.
FWCS Procedure for Reporting and Investigating Suspected Criminal Organization Activity
- All school employees shall report any incidence of suspected criminal-organization activity, intimidation or recruitment to a building principal and the FWCS Director of Security.
- An investigation shall be initiated within three (3) school days of the report.
- Photos of graffiti or tagging should be taken before it is cleaned up.
- Principals or their designees shall thoroughly and completely investigate each report received.
- Principals or their designees may appoint additional personnel and request the assistance of law enforcement in the investigation, as needed.
- The Director of Security may monitor the investigation from the District and community level. Because criminal-organization activity often affects more than one school, it is important that the Director be aware of each report.
- The District shall apply appropriate consequences and remedial actions according to the severity of the offenses and with consideration of both the developmental ages of the student offenders and students’ histories of inappropriate behaviors, per the FWCS Code of Conduct.
- Principals/designees shall provide parents of the students who are parties to any investigation with information about the investigation, subject to state and federal law.
- The Director of Security shall compile data about the District’s criminal organization activity, to report to the State annually, by June 2 of each year.
Supports and Services
FWCS endeavors to provide information about supports and services for students who are “at risk” and/or suspected of participating in criminal organization activity and their families.
The following programs, services and resources may assist individual students and families:
FWCS Resources
• Health and Wellness Services – 467-1080
• Security, Director of Security – 467-2125
• FACE and Guidance Counselors – Liz Bryan 467-7256
• Elementary Level Office 260-467-1100
• Secondary Level Office 260-467-2650
Local Resources
• Fort Wayne Police Department
www.fwpd.org
1 East Main Street, Suite 108
Fort Wayne, IN 46802
Non-emergency requests 260-427-1222
• Allen County Sheriff’s Office
www.allencountysheriff.org
715 S. Calhoun Street, Room 101
Fort Wayne, IN 46802-1805
Non-emergency requests 260-449-3000
Office 260-449-7535
• Youth Probation
http://acjc.us/probation/
Allen County Juvenile Center
2929 North Wells Street
Fort Wayne, IN 46808
260-449-8072
• Allen County Prosecutor’s Office
www.allencountyprosecutor.com
602 South Calhoun Street
Fort Wayne, IN 46802
260-449-7641
• Indiana State Police
www.in.gov/isp
General inquiries 317-232-8248
• Parkview Behavioral Health
www.parkview.com/medical-services/behavioral-health
1720 Beacon Street,
Fort Wayne, IN 46805
260-373-7500
• Bowen Center
www.bowencenter.org
Fort Wayne Office
2100 Goshen Road
Fort Wayne, IN 46808
260-471-3500
• Crosswinds In-Home Family Counseling
www.crosswinds.org
4150 Illinois Road
Fort Wayne, IN 46804
885-927-7963
• Systems of Care
www.thelutheranfoundation.org
3024 Fairfield Avenue
Fort Wayne, IN 46807
260-458-2112
• Youth Service Bureau
Status Offender Court Alternative Program (SOCAP)
https://www.fwymca.org/youth_service_bureau.php
1117 S. Clinton St.
Fort Wayne, IN 46802
260-449-7064
Online Resources
• Indiana Department of Education
▫ Indiana Model Policy to Address Criminal Gangs and Criminal Gang Activity in Schools
• Indiana Department of Health
▫ Violence Prevention Resources for School, Youth and Gang Violence:
http://www.in.gov/isdh/25391.htm
• Indiana Youth Survey, Indiana University
▫ http://www.inys.indiana.edu/resources
• National Gang Center
▫ Why Youth Join Gangs
▫ Parents’ Guide to Gangs
▫ Spanish version
▫ Frequently Asked Questions About Gangs
• Office of Justice Programs, National Institute of Justice
▫ Changing Course: Preventing Youth From Joining Gangs (book)
Approved by Cabinet on May 14, 2018
Family Educational Rights and Privacy Act (FERPA)
Family Educational Rights and Privacy Act (FERPA) Notification of Rights and Directory Information Policy
The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older ("eligible students") certain rights with respect to the student's education records.
These rights are:
1. Right to Inspect and Review Records
The right to inspect and review the student's education records within 45 days after the day FWCS receives a request for access.
Parents or eligible students should submit to the school principal a written request that identifies the records they wish to inspect.
A school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
2. Right to Request Amendment of Records
The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
Parents or eligible students who wish to ask FWCS to amend a record should write the school principal, clearly identify the part of the record they want changed, and specify why it should be changed.
If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment.
Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
3. Right to Consent to Disclosures
The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
4. Right to File a Complaint
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the FWCS 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, DC 20202
Disclosure of PII Without Consent
FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations.
Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, §99.32 of the FERPA regulations requires the school to record the disclosure.
Parents and eligible students have a right to inspect and review the record of disclosures.
A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –
• To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests; 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. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
• To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
• To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency in the parent or eligible student’s State (SEA). Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
• To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to §99.38. (§99.31(a)(5))
• To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
• To accrediting organizations to carry out their accrediting functions. (§99.31(a)(7))-
• To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
• To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
• To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10)
• Information the school has designated as “directory information” under §99.37. (§99.31(a)(11))
Directory Information
FWCS may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow FWCS to include this type of information from your child’s education records in certain school publications.
Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. If you do not want FWCS to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing.
FWCS has designated the following information as directory information:
• Student’s name
• Date of birth
• Participation in officially recognized activities and sports
• Weight and height of members of athletic teams
• Dates of attendance
• Honors and awards
• The most recent education agency or institution the student attended
Military Recruiters
In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent.
1These laws are: Section 9528 of the Elementary and Secondary Education Act (20 U.S.C. § 7908) and 10 U.S.C. § 503(c).
McMillen Student Education Programs
Media Services
Library Policies, Forms and Materials
FWCS Selection and Reconsideration Policies
FWCS Printable Reconsideration Form
FWCS Online Reconsideration Form
Library Bill of Rights
FWCS Destiny Catalog
PebbleGo eBook Collection
MackinVia eBook Elementary School List
MackinVia eBook Middle School List
MackinVia eBook High School List
Protected Writings, Documents and Records of American History or Heritage
1. The Constitution of the United States
2. The national motto
3. The national anthem
4. The Pledge of Allegiance
5. The Constitution of the State of Indiana
6. The Declaration of Independence
7. The Mayflower Compact
8. The Federalist Papers
9. “Common Sense” by Thomas Paine
10. The writings, speeches, documents, and proclamations of the founding fathers and presidents of the United States.
11. United States Supreme Court decisions
12. Executive orders of the presidents of the United States
13. Frederick Douglas’ Speech at Rochester, New York, on July 5, 1852, entitled “What to a Slave is the Fourth of July?”
14. Appeal by David Walker
15. Chief Seattle’s letter to the United States government in 1852 in response to the United States government’s inquiry regarding the purchase of tribal lands
Nondiscrimination Policy
FWCS does not tolerate the unjust or prejudicial treatment of any individual or group’s actual or perceived race, color or ethnic group, religion or religious practice, national origin, sex, gender identity, sexual orientation, political affiliation, age, marital status, military status, veteran status, disability or any other basis prohibited by state or federal law. The immediate remedy for any act of discrimination shall be to end it, treat the individual equitably, and, as much as practically possible, to eradicate any effects of discrimination. Discipline should be imposed where appropriate.
FWCS Nondiscrimination Grievance Procedure
FWCS Sexual Discrimination and Harassment Grievance Procedure
Protection of Pupil Rights Amendment (PPRA)
The Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. § 1232h, requires FWCS to notify you and obtain consent or allow you to opt your child out of participating in certain school activities. These activities include a student survey, analysis, or evaluation that concerns one or more of the following eight areas (“protected information surveys”):
- Political affiliations or beliefs of the student or student’s parent;
- Mental or psychological problems of the student or student’s family;
- Sex behavior or attitudes;
- Illegal, anti-social, self-incriminating, or demeaning behavior;
- Critical appraisals of others with whom respondents have close family relationships;
- Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
- Religious practices, affiliations, or beliefs of the student or parents; or
- Income, other than as required by law to determine program eligibility.
This requirement also applies to the collection, disclosure or use of student information for marketing purposes (“marketing surveys”), and certain physical exams and screenings. Following is a schedule of activities requiring parental notice and consent or opt-out for the upcoming school year. This list is not exhaustive and, for surveys and activities scheduled after the school year starts, FWCS will provide parents, within a reasonable period of time prior to the administration of the surveys and activities, notification of the surveys and activities and be provided an opportunity to opt their child out, as well as an opportunity to review the surveys. (Please note that this notice and consent/opt-out transfers from parents to any student who is 18 years old or an emancipated minor under State law.)
Reporting Child Abuse and Neglect
This Procedure implements FWCS Board Policy 5345, Child Abuse and Neglect, and is based on Indiana’s Model School Protocol for Reporting Allegations of Child Abuse, developed by the Department of Child Services (DCS), the Indiana Department of Education and law enforcement. This document explains the responsibilities of school personnel and establishes a reporting procedure and methods of cooperation among agencies involved.
When an FWCS employee has “reason to believe” that a student is the victim of abuse or neglect:
- Ensure student safety. Your first priority is to keep students safe. Only then should you contact DCS or local law enforcement.
- Immediately report to law enforcement or DCS.
- Inform your schools SRO or security personnel if available and the Director of Security (260467-2125); or
- Call the Indiana Child Abuse and Neglect Hotline at 1-800-800-5556
- Inform school administration. You must report to law enforcement and may not assume that your school administration has or will do so.
- Complete the Child Abuse and Neglect Report Form. Send the completed form to Health and Wellness Services. Do not keep a copy in the student’s file. DCS is required by law to provide a report to the school within thirty days to explain the outcome any investigations; if you receive that form, please send it to Health and Wellness Services to file with the initial report.
Reason to believe means “evidence that, if presented to individuals of similar background and training, would cause the individuals to believe that a child was abused or neglected." I.C. 31-9-2-101.
Reporting
- When employees are unsure whether they have "reason to believe" that a child is the victim of abuse or neglect, they should make a report.
- Failure to report suspected abuse or neglect is a crime. A person who, in good faith, makes a report of suspected abuse and neglect is immune from any civil or criminal liability under Indiana law.
- The identity of the reporter is confidential by statute. DCS accepts child abuse and neglect allegations from persons who wish to remain anonymous, however DCS encourages individuals to provide contact information to Intake Specialists.
- Your reporting obligation supersedes any right of privileged communication. Employees must report all suspected child abuse even if told in confidence by the child. I.C. 25-23.6-6-1
Investigation
After an employee reports suspected child abuse or neglect, FWCS should not attempt to further investigate the situation unless instructed otherwise by DCS or law enforcement; they are responsible for the investigation, not FWCS. Their staff is trained in child forensic interviewing and may be better able to accurately assess the situation.
When law enforcement or DCS tells you that they are opening an investigation:
- Do not investigate further.
- After 48 hours, check the status of the external investigation.
- For law enforcement investigations, contact the Director of Security.
- For DCS investigations, contact the FWCS/DCS Education Liaison, Travis Stahl (317-5157329). Approved by Cabinet May 2, 2017; update approved October 11, 2021 FORT WAYNE COMMUNITY SCHOOLS Procedure for Reporting Child Abuse and Neglect
- Talk through the disciplinary action or independent investigation you intend to pursue so that our organizations can work cooperatively to keep children safe.
Release of Student Records to Law Enforcement/DCS
When FWCS reports abuse and neglect, FWCS may release relevant education records to law enforcement or DCS. Where FWCS is not the report source, law enforcement or DCS may need a release, warrant, subpoena or other court order unless an exception to FERPA applies. Staff may always contact the FWCS General Counsel with any questions about the release of education records.
Interviewing Children
Interviewing students in the middle of a school day can disrupt a school’s educational environment. However, DCS may interview students at school if a DCS employee presents:
- appropriate credentials (i.e. DCS badge); and
- one of the following three documents:
- a written statement that DCS has parental consent;
- a court order; or
- a written statement that exigent circumstances exist.
The statement can be in the form of an email or handwritten document, but must be in writing. School staff should not keep the statement in the student’s file, but should send it to the Health and Wellness Department. Staff shall take measures to keep the statement and interview confidential. FWCS must allow the DCS employee to interview the student alone if the employee requests to do so. I.C. 31-33-8-7(f)
Parent Notification
Schools should not inform parents when they initiate a report or when DCS or law enforcement arrive to interview a student. DCS has the obligation of informing parents and will obtain the necessary consent to interview students or releases for education records. After DCS interviews a child or takes a child into custody, the school may notify the parent(s) or guardian(s)/custodian(s) to give them the names and telephone numbers of the law enforcement officer or DCS case manager for the family to contact.
When a Child Is Taken into Protective Custody
A child may be taken into protective custody by a law enforcement officer, a probation officer, or a DCS Field Case Manager acting with probable cause to believe the child is a child in need of services. The removing party must complete the FWCS Protective Custody Receipt. All questions should be directed to the removing party.
Approved by Cabinet May 2, 2017; update approved October 11, 2021
Seclusion and Restraint Procedure
This Procedure implements Fort Wayne Community Schools Board Policy 3213, Responsibility for Student Supervision and Welfare, and conforms with the statutory and regulatory requirements of IC 20-20-40 et. seq., 513 IAC and the rules of the Indiana Commission on Seclusion and Restraint. FWCS mandates that any behavioral intervention by District staff must be consistent with a child’s right to be treated with dignity and respect, and to be free from abuse. In FWCS schools, appropriate student behavior will be promoted and taught. The District believes that all children have the right to be free from physical or mental abuse, aversive behavioral interventions that compromise health or safety, and any physical restraint or seclusion imposed solely for purposes of discipline or convenience.
I. Use of Restraint
- Every effort shall be made to avoid the need for the use of restraint or seclusion of a student.
- Physical restraint shall only be used when a student is displaying physical behavior that presents imminent risk of injury to the student or others.
- Restraint shall only be employed as a last resort after other less restrictive methods of de-escalating a situation have been attempted without success.
- While transporting a student on a moving vehicle, a bus harness or other safety equipment may be required and is permissible for safety purposes. The need and use of any bus harness or safety equipment used to restrain a student during transportation must be documented. FWCS does not authorize the use of any other mechanical or chemical restraints.
- The use of any drug, medication or other chemical to control behavior or restrict freedom of movement (except as authorized by a licensed physician or other qualified health care professional) is prohibited.
- A school employee may never give a student any drug or medication that is not a standard treatment or dosage, or both, for the student’s medical or psychiatric condition unless otherwise prescribed by a physician.
- Restraint shall only be utilized by staff members who have received crisis intervention training by FWCS with the exception of rare and clearly unavoidable emergency circumstances when fully trained school personnel are not immediately available. Untrained staff will request assistance from trained staff as soon as possible. Upon arrival of trained staff, untrained staff will allow trained staff to intervene.
- Physical restraint of a student may only be used for a short period of time and shall be discontinued as soon as the imminent risk of injury to self or others has dissipated, usually a matter of minutes.
- Every instance in which restraint is used shall be carefully, continuously and visually monitored to ensure the appropriateness of its use and safety of the child, other children, teachers, and other personnel.
II. When Restraint Procedures Shall Not Be Employed
- Physical restraint shall not be used unless the student’s behavior poses imminent risk of injury to self or others and other less restrictive interventions are ineffective.
- A verbal threat or verbally aggressive behavior does not itself indicate an imminent risk of injury, and shall not result in restraint.
- Destruction or damage to property does not constitute a risk of imminent injury unless in so doing an imminent risk of injury to the student or others is created.
- When a known medical or physical condition of the student would make the restraint procedures dangerous for that student (e.g. students with heart or circulatory conditions, asthma, etc.) restraints will not be used.
- Restraint shall never be used as a punishment, or to force compliance with staff commands.
- FWCS does not authorize or use Prone (student held down lying face down on a horizontal surface) or Supine (student held down lying face up on a horizontal surface) forms of restraint and these shall be avoided.
- Seclusion or restraint shall never be used in a manner that restricts a child’s breathing or blood flow or harms the child.
III. Use of Seclusion
- Every effort shall be made to avoid the need for the use of seclusion of a student.
- Seclusion shall not be used except when used as a last resort and only when:
- The student’ behavior poses imminent risk or injury to self or others, and other less restrictive interventions are ineffective.
- Other less restrictive interventions are ineffective.
- A student shall never be secluded by a school employee who has not received appropriate training by the FWCS District in the use of restraint procedures except in rare and clearly unavoidable emergency circumstances when fully trained school personnel are not immediately available. Untrained staff shall request assistance from trained staff as soon as possible.
- Seclusion of a student may only be used for a short period of time and shall be discontinued as soon as the imminent risk or injury to self or others has dissipated, usually a matter of minutes.
- Every instance in which seclusion is used shall be carefully, continuously, and visually monitored to ensure the safety of the student, other students and school employees.
- Immediately after the imminent risk or injury to self or others has dissipated, the student should no longer be secluded and a school employee, not involved with the restraint, shall examine the student to ascertain if any injury has been sustained during the restraint of the student.
IV. When Seclusion Procedures Shall Not Be Employed
- Seclusion shall not be used unless the student’s behavior poses imminent risk of injury to self or others and other less restrictive interventions are ineffective.<
- A verbal threat or verbally aggressive behavior does not itself indicate an imminent risk of injury, and shall not result in seclusion of a student.
- Destruction or damage to property does not constitute a risk of imminent injury unless in so doing an imminent risk of injury to the student or others is created.
- When a known medical or physical condition of the student would make seclusion dangerous for that student, the student may not be secluded.
- Seclusion shall never be used as a punishment, or to force compliance with staff commands.
- Seclusion shall never be used unless a school employee can continuously monitor the student for visual or auditory signs of physiological distress and can communicate with the student.
V. Time-Out
Time-out is a behavior-reduction procedure in which access to reinforcement is withdrawn for a certain period of time. Time-out occurs when the ability of a student to receive normal reinforcement in the school environment is restricted. Time0-out shall be both developmentally and behaviorally appropriate and shall be short in duration. See Appendix A for Best Practices.
VI. Training
- FWCS will provide appropriate staff members with training about the
- appropriate use of effective alternatives to physical seclusion and restraint;
- conflict de-escalation procedures;
- the dangers of seclusion and restraint;
- positive supports and behavioral intervention techniques;
- procedures for contacting fully trained and CPI certified staff when behavioral crises occur;
- the safe use of seclusion and restraint; and debriefing practices and procedures.
- This training will be recurrent and will be provided to new staff as needed.
- Nonviolent Crisis Intervention® (CPI) techniques will be used including both de-escalation and restraints with elementary and secondary intensive special education students.
- A team of 6 staff members will be trained in elementary buildings based on data in >Nonviolent Crisis Interventions®(CPI) which will include both de-escalation and restraint procedures. Secondary teams will be trained in de-escalation techniques only except for staff working with intensive special education students.
VII. Reporting, Documentation and Debriefing Requirements
Immediately after the student has restored emotional and behavioral control following the use of seclusion or restraint, a staff member not involved with the incident shall examine the student to ascertain if any injury has been sustained.
- The building administrator or designee shall verbally notify the parent/guardians by the end of the school day in which the seclusion or restraint occurred or as soon as practical.
- The principal or designee will update the parent/guardian on the student’s current physical and emotional state and,
- Will discuss strategies to assist the parent/guardian in dealing with any residual effects of the incident.
- Incident Report
- Staff involved in the use of restraint or seclusion will complete the FWCS Seclusion, Restraint and CPI Incident Report from within one school day after the event.
- The building administrator or designee will send a copy of the written report to Johnnie Grimes at the Family and Community Engagement Center as well as the parent or guardian.
VIII. Annual Review, Planning Process and Oversight
- The Family and Community Engagement Center will coordinate data, planning and oversight of the use of restraint procedures in FWCS.
- The Code of Conduct Action Committee will conduct an annual review of all individual and program-wide data associated with this policy. The Committee shall review the following components related to the use of restraint:
- Incident reports;
- Procedures used during restraint, including the proper administration of specific FWCS approved restraint techniques;
- Preventative measures of alternatives tried, techniques or accommodations used to avoid or eliminate the need of the future use of restraint;
- Documentation and follow up of procedural adjustments made to eliminate the need for future use of restraint
- Injuries incurred during a restraint;
- Notification procedures;
- Staff training needs;
- Specific patterns related to staff or student incidents;
- Environmental considerations, including physical space, student seating arrangements, and noise levels.
- Upon review of the data, the Committee shall identify any issues and/or practices that require further attention and provide written recommendations to the Superintendent of Schools for changes in policies or practices.
- The Committee can recommend review of the training program to ensure the most current knowledge and techniques are reflected in the FWCS training curriculum. Revision Date:
Tardy and Early Departure Policy
Tardy and Early Departure Policy:
Punctuality and presence in school is essential for academic success and maintaining an orderly learning environment. This policy outlines the procedure for addressing student tardiness and early departures.
There are two types of tardiness and early departure: when students arrive at school late in the morning or leave school before the end of the day, and when students arrive late for individual periods/classes (secondary level only) or leave classes early. FWCS expects all teachers to take attendance at the beginning of their classes or school days, and must code all students as present, absent, or tardy. The school office will update any additional coding detail as necessary, and FWCS will report all tardies and early departures to the State as present/in attendance.
Codes:
1. TA = tardy
- Used for students that arrive late at school or for individual periods at the secondary level
2. ED = early departure
- Used for students that leave school before the end of the school day
Students who attend less than half of a school day will receive one half day absence (absent counted as present, excused or unexcused). For severe tardies and early departures, schools should note the specific times students arrived late or departed early in the attendance notes field in PowerSchool.
Progressive consequences for tardiness to school (elementary level)
- First offense: office call to parent/guardian
- Second offense: office letter to parent/guardian
- Third offense: parent/guardian notification and a meeting with parent/guardian
- Fourth offense: documentation in the student’s discipline record
- Ten tardies may result in a referral to the school’s Student Support Team (SST) and possible revocation of lottery placement (if applicable)
Progressive consequences for tardiness to individual periods/classes (secondary level)
1. Teacher responsibility (first 10 Minutes)
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If a student arrives to class within the first ten (10) minutes of class, the teacher must address the tardiness
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The teacher will mark the student as tardy in the attendance system
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The teacher may implement classroom-level consequences, such as a warning or a minor penalty, in accordance with the teacher’s classroom management plan
2. Office Referral (After 10 Minutes)
- If a student arrives more than ten minutes after class, the teacher must refer the student to the office
- The student must report to the office to obtain a tardy pass before being allowed to enter the classroom
- The office will document the tardiness and determine appropriate consequences based on the student’s tardy record
3. Progressive discipline
- First offense: verbal warning from teacher (nonpunitive)
- Second offense: teacher discussion with student about cause of tardiness
- Third offense: parent/guardian notification and a meeting with the student
- Fourth offense: documentation in the student’s discipline record
- Fifth offense: disciplinary action as deemed appropriate by the administration
- Subsequent Offenses: Escalated disciplinary actions, which may include in-school suspension or other measures and possible revocation of lottery placement (if applicable)
Approved by Cabinet August 5, 2025
