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HomeMy WebLinkAbout8770RESOLUTION NO. 8770 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO SCHOOL DISTRICT NO. 60 AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO THE SCHOOL RESOURCE OFFICER PROGRAM IN DISTRICT'S MIDDLE SCHOOLS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement between Pueblo School District No. 60 ( "District ") and the City of Pueblo, a Municipal Corporation dated August 20, 1999 ( "the Agreement ") relating to the School Resource Officer Program in District's middle schools, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved, subject to appropriations therefore in fiscal years 2000 and thereafter. SECTION 2 Funds necessary to meet the City's financial obligations which may arise under the Agreement during 1999 shall be payable from the unexpended balance of appropriations budgeted in the City's 1999 Budget for the Police Department, from Account No. 001, -0140- 143 - 000 -010 -0103 . SECTION 3 The President of the City Council is hereby authorized to execute the Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. INTRODUCED: July 26, 1999 By Cathy Garcia Councilperson ATTEST: . _ v- * ` ._�� �.• i APPRO D: President of the City Council F:\ FILES\ CITY\ POLICE \SCHOOLS\RESOURCE\RESOLUTI.WPD -2- COUNCIL AGENDA TITLE: SCHOOL RESOURCE OFFICERS FOR MIDDLE SCHOOLS DEPARTMENT: Pueblo Police Dept. DATE: July 26, 1998 ISSUE: Should City Council sign an agreement with School District No. 60 to share in a financial commitment to support School Resource Officers in the middle schools. RECOMMENDATIONS: Staff's recommendation is to sign the agreement which provides for the City and the School District to share equally in providing the matching funds required for a Federal grant. BACKGROUND/ The City of Pueblo received a grant from ANALYSIS: the U.S. Department of Justice in 1997 for community oriented policing services. The grant provides funding which can be used for hiring officers to work in the middle schools. The grant will provide a total of $450,000 with a requirement for matching funds. School District No. 60 has agreed to pay half the match if the City will pay the other half. FINANCIAL: The Federal grant will provide $450,000 over the four -year period of the grant. The City's share of the matching requirements will total $438,030 over the four -year period. The first year of the match is approximately $45,972. SRO - Middle Schools Rev. 07/08/1999 AGREEMENT THIS AGREEMENT is made and entered into this 20th day of August, 1999 by and between Pueblo School District No. 60 (hereinafter referred to as the "District "), 315 West 11th Street, Pueblo, Colorado, and the City of Pueblo, a Municipal Corporation, for and on behalf of its Police Department ( "City "), 1 City Hall Place, Pueblo, Colorado. WHEREAS, City and District have for several years undertaken a cooperative and cost - shared program known as the School Resource Officer Program (hereinafter referred to as the "Program "), involving the placement of a City police officer in each of District's high schools (grades 9 through 12) in order to enhance safety and reduce crime within the schools, to provide other law enforcement assistance to students and their families, and to enable students to internalize and accept a positive police presence as a societal norm; and WHEREAS, City and District mutually desire to extend the Program to provide for placement of City police officer in each of District's middle schools (grades 6, 7 and 8), to provide similar benefits, and WHEREAS, the District has authority to enter an agreement with respect to the Program pursuant to law, including but not limited to §22 -32 -122 and §29 -1 -203, C.R.S.; and WHEREAS, the City has received a grant from the U.S. Department of Justice, Office of Community Oriented Policing Services, Grant Award #95CCWX0501 dated September 25, 1997, hereinafter referred to as the "Grant" to defray a portion of the cost of Program with respect to the middle schools, for a four year commitment period; and WHEREAS, it is necessary and appropriate for the City and District to enter into a written agreement setting forth their respective obligations and other terms and conditions for the Program with respect to District's middle schools, including the agreement of the parties with respect to cost sharing for the Program covering the period of the Grant, NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the parties agree as follows: I. OBLIGATIONS OF CITY A. City shall designate certain Police Department employees associated with the Program to utilize space to be provided by District at each of District's six middle schools, in order to provide law enforcement assistance and safety enhancing services for the District and its students. The designated City employees may also develop and conduct additional programs which serve the purposes of the Program; provided that the nature of such additional programs shall be approved in advance by the District. The District is familiar with the services and activities currently being conducted under the Program at the high schools and agrees that these services and activities, to the extent determined appropriate by the District, as shown in Exhibit I attached hereto, may be undertaken at each middle school. The designated City employees will, at all times during the effective term of this Agreement, remain employees of City. City will be responsible for providing such individual(s) with payment of wages, health care benefits, and Workers' Compensation Insurance (including occupational disease) in accordance with applicable workers' compensation laws, FICA, and other requirements of law. Such City employees shall report to the City's assigned Program supervisor in the performance of services under this Agreement. City may, from time to time, reassign its employees and designate one or more replacement school resource officers at any time. B. To the extent permitted by law, City shall indemnify and hold harmless the District, its officers, board members, agents and employees, from and against any and all claims, demands, actions, suits of any kind or nature whatsoever, including but not limited to any claims arising under any applicable workers' compensation laws, or other public liability, as a result of any grossly negligent or intentional act, or failure to act, on the part of the City, its employees or agents connected with or engaged in the performance of the City's obligations hereunder. Notwithstanding anything contained herein to the contrary, any liability of the City hereunder shall be subject to the conditions precedent and limits on liability set forth in the Colorado Governmental Immunity Act. C. The parties understand and agree that City shall, at all times during the term of this Agreement, be deemed an independent contractor and not an employees of the District, and shall be responsible in accordance with law for all withholding taxes, social security, unemployment, workers' compensation, and/or other employment taxes with respect to its employees, and shall indemnify and hold the District harmless from and against any and all claims for the same. H. OBLI GATIONS OF THE DISTRICT A. The District shall designate an office space at each middle school mutually agreed upon by City and the Principal, and will provide such space, including light and heat, at no charge to City, for the exclusive use of City's officers. District shall also furnish, at District's expense, for the use of the assigned police officers at each school, within the designated Program office space, the following items: one desk, three chairs, a telephone with at least one outside phone line, and a lockable three - drawer file cabinet which file cabinet shall be for the exclusive use of City's officers. Except to the extent inconsistent with this Agreement, School Board policy as set forth in Policy KF and KF -R, attached hereto and made a part hereof, will apply to this use of school facilities. B. The designated office space shall be available to City's assigned officers at all times when a school is open for educational or extracurricular activities. In addition, the District shall make reasonable effort to accommodate the City's need, in connection with the Program, to use such designated space at other hours when the school may not otherwise be open. Except in emergency circumstances, the District shall provide City at least 72 hour notification if the portion of the building allocated herein to City becomes temporarily unavailable. C. (1) The District shall promptly reimburse City each month, within 10 days of receipt of an invoice from City, for District's share of the Program cost computed in accordance with 9•E Article III of this Agreement. District understands and acknowledges that under the terms of the Grant, City has made or will make a four -year commitment to the U.S. Dept. of Justice to continue the Program in District's middle schools and share the cost thereof with District notwithstanding that federal grant assistance will annually decrease. In order to induce City to accept the Grant and to provide the Program in middle schools, District represents that it is District's intention to continue in the Program for the entire four year period covered by the Grant and this Agreement. (2) Both District and City are political subdivisions of the State of Colorado. City's Fiscal Year ends on December 31 of each calendar year, and District's Fiscal Year ends on June 30 of each calendar year. If either party does not appropriate sufficient funds to fulfill its cost sharing obligation under this Agreement for any Fiscal Year, then this Agreement shall be terminated effective upon expiration of the Fiscal Year (of the party that does not appropriate sufficient funds) in respect of which sufficient funds to make cost sharing payment were last appropriated. Notwithstanding the foregoing, the officer of District at any time charged with the responsibility of formulating budget proposals for District is hereby directed to include in the annual budget proposals submitted to the Board of Education of District, items for all payments required under this Agreement for each ensuing Fiscal Year, until such time as the Board of Education of District shall determine by affirmative action to terminate this Agreement; it being the intention of the Board of Education of District that any decision to terminate this Agreement shall be made solely by the governing body of District and not by any other official of District. Said officer shall also include with each said budget proposal all of the information relating to agreements of this nature required to be included in the budget pursuant to any applicable Colorado law. (3) In the event of an early termination of this Agreement under section II.C. of this Agreement, any obligations of City to furnish officers for District's schools shall cease. D. The District shall, at its sole cost and expense, procure and maintain during the entire period of its performance hereunder, Worker's Compensation Insurance (including occupational disease) and Employer's Liability Insurance in accordance with any applicable worker's compensation laws on all of its employees, servants and /or agents connected with or engaged in the performance of the District's obligations hereunder. E. To the extent permitted by law, the District shall indemnify and hold harmless the City, its officers, directors, agents and employees, from and against any and all claims, demands, actions, suits of any kind or nature whatsoever, arising under any applicable worker's compensation laws, or other public liability, as a result of any grossly negligent or intentional act, or failure to act, on the part of the District, its employees or agents connected with or engaged in the performance of the District's obligations hereunder, except and to the extent that such liability is attributable to the negligent or intentional actions of City, its officers, agents and employees. Notwithstanding anything contained herein to the contrary, any liability of the District hereunder shall be subject to the conditions precedent and limits on the liability set forth in the Colorado Governmental Immunity Act. F. The parties understand and agree that the District shall, at all times during the term -3- of this Agreement, be deemed an independent contractor and not an employee of City, and shall be responsible in accordance with law for all withholding taxes, social security, unemployment, worker's compensation, and/or other employment taxes with respect to its employees, and shall indemnify and hold City harmless from and against any and all claims for the same. M. COST SHARING The following table sets forth a good faith estimate of the cost sharing among the parties using anticipated costs for police officer employees. The actual costs may vary from those shown, and, in any event, District agrees to pay its share of actual costs, which share shall be an amount equal to fifty percent (50 %) of all costs not reimbursed in any year by federal funds received under the Grant. Estimated Officer Total School School Compensation No. of Annual Federal Local District's Year Package x Officers = Cost - Grant = Share x 1/2 = Share 1999 -2000 $52,824 6 $316,944 $225,000 $ 91,944 $ 45,972 2000 -2001 $54,414 6 $326,484 $150,000 $176,484 $ 88,242 2001 -2002 $56,044 6 $336,264 $ 75,000 $261,264 $130,632 2002 -2003 $57,728 6 $346,368 -0- $346.368 $173.184 Estimated Total 4 Year Cost To District $438,030 Estimated Total 4 Year Cost to City $438,030 Estimated Total 4 Year Grant $450,000 IV. TERM/TERMINATION Unless sooner terminated as provided herein, this Agreement shall commence the day and year first written above, and shall terminate August 19, 2003. V. THIRD -PARTY RIGHTS NOT CREATED This Agreement is not intended and shall not create any duty to any student, teacher, District employee, parent or any other person, firm or entity with regard to the provision of any law enforcement services, security, level of safety, or activities undertaken by City's officers or conditions resulting therefrom. No student, teacher, District employee, parent or other person, firm or entity shall be granted or have any private right of action, claim or civil liability remedy against the City or the District, or their respective officers, employees or agents, by virtue of this Agreement. Nothing in this Agreement shall be construed to create any liability, or to waive any of the immunities, ME LM limitations on liability or other provisions of the Governmental Immunity Act, §24 -10 -101 et seq., C.R. S., or to waive any immunities or limitations on liability otherwise available to the City of Pueblo, the District, or their officers, employees or agents. VI. OTHER A. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No modification of this Agreement, and no waiver of any of the Agreement's provisions or conditions, shall be binding unless made by written document signed by the parties. Any delegation or assignment of this Agreement by either party, without the prior written consent of the other party, shall be void. This Agreement shall be governed by, and construed according to, the laws of the State of Colorado. B. This Agreement is intended to govern the agreement of the parties only with respect to conduct of the Program in District's middle schools, and does not apply with respect to the Program in District's high schools. A separate agreement between the parties shall govern the parties' conduct of the Program in District's high schools. C. The District certifies that neither it nor any members of its Board of Education, officers or employees has or will derive any personal or financial interest or benefit from the activity or activities undertaken with federal financial assistance pursuant to this Agreement, nor has an interest in any contract, subcontract or agreement with respect thereto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter. The District further agrees that it shall avoid all conflicts of interest which are prohibited by applicable federal regulations. D. In the event this Agreement or any material provision hereof shall be declared to be invalid, unenforceable, or in violation of any applicable federal, state or local laws or regulations, the parties will immediately begin negotiations to modify or amend this Agreement in order that this Agreement shall, as amended, express and contain the understanding and intentions of the parties. E. The subject headings of the paragraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of its provisions. F. Except as set forth elsewhere in this paragraph, all notices to be given under this Agreement shall be made in writing, and shall be sufficient if delivered personally, or mailed by First Class United States Mail, postage prepaid, to the other party at the following addresses: If to the District: Pueblo School District No. 60 Attn: Superintendent 315 W. 11th Street Pueblo, CO 81003 Telephone: (719)549 -7100 -5- If to the City: Pueblo Police Department Attn: Chief of Police 130 Central Main Street Pueblo, CO 81003 Telephone: (719)549-1250 IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first written above. PUEBLO SCHOOL DISTRICT NO. 60 '�- jl� J dy t . Weaver Pr si ent, Board of Education for School District No. 60 CITY PUEBLO, a M ic' al Corpor ' n B 1� y I P. sident of the City Council Attest: City Cl Approved as to form: City Attor y 10 ID :5497152 JUL 13'99 7:57 No.002 P.02 PUEBLO SCHOOi. DISTRICT NO. 60 315 West 1 V Street i Pueblo, Colorado 81003 MIDDLE SCHOOL RESOURCE OFFICER PARTNERSHIP Jo cription TITLE MIDDLE SCHOOL RESOURCE OFFICER REPORTS TO: CHIEF, PUEBLO POLICE DEPARTMENT (Line Authority at all times) Btdlding Principal (Staff Authority while in bui3ding) A. Serve as a resource among students, staff, community, and law enforcement officials for interventionldeten - enge of inappropriate behaviors and improved relations as well as problem- solving alternatives; B. Improve school -law enforcement collaboration to minimize discipline infractions and promote public safety; C. Provide law enforcement support to school principals in maintaining a safe secure leaming environment. QUA - k'ICATIONSt A. The Middle School Resource Officer must be a uniformed Pueblo Police Officer. B, Must have knowledge, interest, commitment and ability to provide a variety of interventive services In the middle school and the community. C. Must be available to students. student organizations, parents, faculty, staff, school administrators, district -wide administrators, other School Resource Officers, and all law enforcement agencies during duty hours. ID:5497152 JUL 15'yy ( ;5( NO.uoz r.uo i , .. I Page 2 MS SRO Job Description July 1999 "�i f► 'f u111� , ff tf t sixA A. The Middle School Resource Office shall be an employee of the Pueblo Police Department under Contractual assignment to Pueblo School District No. 60 to perform the duties and responsibilities defined herein. B. Works primarily but not only during school hours and coordinates schedules with Pueblo Police Department, School Resources Supervisor and School Principal. May attend District, Pueblo Police Department in- service training classes or perform Middle School SRO administrative duties. At any time, the Middle School SRO may be assigned as needed by police supervisor, C. Develops teaching expertise, acts as an instructor in teaching the role of policing in the middle school, community, search and seizure, traffic laws, crime prevention, victims' rights, community involvement, youth programs, conflict resolution, law related education and Safety classes. D. Maintains high visibility while in or out of uniform, interacts with students, serves as a positive role model and assists students in the development of positive basic lifestyle skills. Develops a rapport with students and a working relationship with student organizations, faculty, staff members, district administrators, and community members. E. When appropriate, assists School District 60 in matters involving possible violation of School District 60 Discipline Code. F. Becomes familiar with Pueblo School District No. 60 policies and procedures related to safety and the Student Conduct/Discipline Code. Assists with enforcement interpretation of the Code where legal intervention is necessary, assists with violations, the determination of whether law enforcement action is appropriate as requested or in consultation with the Middle School Principal or in the Principals absence, the Principals' designee, and the officer's professional discretion. Participates in, mediates issues of conflict and works proactively with students, parents and faculty regarding public 'safety, Uses problem solving teams/techniques to address progranWissuers and participates/assists on the school I i safety /discipline committee. iU :543(151 JUL 10 yy r•0o ivu.uoc r.u4 1 ` Pago 3 MS SRO Job Description July 1999 G. Assists school administrators, staff, and faculty in developing emergency procedures and emergency ]tnanagement plans to Include prevention and/or minimization of dangerous situations or serious disruptions of the middle schools. H. Maintains and submits as required detailed, accurate, and current records of activities to the school and the police department. L Attends administrative, faculty, student, and parent meetings to provide resource information. J. Refers students to school counselor as needed and per school guidelines. Works closely with counselors in providing information regarding community programs such as mental hoalth clinics or drug treatment centers in the event such referrals are necessary. K. Attends, whenever possible, selected school functions as recommended by-School Principal and/or approved by the School resources Supervisor. L. Maintains confidentiality of information obtained pursuant to Title 19 to the Colorado Children's Code. The Middle School SRO shall not disclose information except as provided by law or Court order. M. Assists other School Resources Officers or law enforcement agencies in conducting investigations when requested or when inquired. Works proactively with all law enforcement agencies. E N. Coordinates efforts with and assists in training Pueblo School District No. 60 Campus Security Personnel, O. Performs other duties as required by Police Department School Resources ; Supervisor /Principal within the scope of the Middle School SRO position goals and performance expectations. 7.13 -99 ID: JUL 1L 77 1J•Jv nU.vv� i EEili3: KF Community Use of School facilities School buildings and other facilities belong to the citizens of Pueblo and are some- times needed for community activities which are not within the scope of the regular school program. Fees shall be charged in an effort to cover the direct expense of the additional use of school buildings and facilities. The Board periodically shall review the details concerning specific use and fees. School playgrounds shall be made available after school and on nonsohool days for community use. However, in the interest of harmony, organized activity must be scheduled through the district. Adopted March 12, 1985 LEGAL REF.: C.R.S. 22 -32 -110 (1)(f) CROSS REF.: EDC, Authorized Use of School -Owned Materials and Equipment Pueblo School District No. 60, Pueblo, Colorado ID: JUL 12'99 15 :36 No.005 P.02 Cc=unity Use of School Bacilities Use of buildings 1. The Board makes certain school facilities available for community use after the regular school program. 2. All facilities must be vacated by 10100 p.m. 3. Adequate adult leadership and supervision will be required at all time for activities in which minors are participating. 4. Swimming pools, gyms and industrial education facilities will be available for community recreational use at times other than that needed for instructional and interscholastic programs. Such facilities will be directed and supervised by the parks and recreation department of the city of pucblo upon approval by the assistant superintendent for auxiliary services. The specific times will be determined by the assistant superintendent for auxiliary services and the parks and recreation department of the City of Pueblo. 5. school facilities will be available for religious purposes at times and as the assistant superintendent for auxiliary services determines appropriate. The continuous use of a facility by a religious organization will not exceed one year. In an emergency, an exr.ension may be granted by the superintendent /vice president. S. Rental requests for speciality areas such as science rooms, industrial education shops, computer rooms, etc., will be evaluated by the assistant superintendent for auxiliary services and, if determined to be acceptable, rental arrangements may be made. A qualified teacher or operator in these areas may be required to be present during the rental for the benefit of protection of the district's investment. scope 1. Community use a. Boy Scouts, Girls Scouts and 4 -H groups of school -age children may use a district lunchroom or classroom free of charge for noncommercial purposes provided there is no cost to the district for such use. When additional costa occur, charges will be made according to the entabliahed procedures and rate schedule. b. Adult resident groups of the district in the promotion of education or non - partisan civic goals, except an devignated in item 2 below, may use the buildings for noncommercial purposes at no charge 1 FAN: K F--R Author: Roberta Ward ID: JUL 12'99 15:37 110.005 P-US provided there is no cost to the district for such use. when additional coats occur, charges will be made according to the established procedures and rate schedule. 2. Commercial a. Profit - making groups who use district facilities for conduct of a commercial enterprise will pay according to the established rate schedule. b. A community nonprofit organization using a building for a fundraising activity will be considered a commercial enterprise and will be required to pay according to the established rate schedule. (1) A waiver of all or a portion of the commercial rate fees may be granted for community nonprofit organizations if all the funds derived from the fundraising activity are designated to be spent for the benefit of school -age children of the district. (2) A waiver of the commercial rate fee may be granted for community nonprofit organizations by vote of the Board. C. A commercial renter will provide the district with a certificate of liability insurance for $500,000/$500,000 naming Pueblo District 60 as an insured party and submit it to the associate superintendent of business one week prior to the event. 3. Denial of recuests a. The use of district buildings and facilities will be denied for the following purposes: (1) Advancing any doctrine or theory subversive to the Constitutions of the state of Colorado and /or the United States of America (2) Advocating social or political change by violence b. Buildings are not be used on those days designated as official holidays for district employees unless spacial permission is given by the assistant superintendent for auxiliary services. 4. Equipment District e and furniture will not be loaned or rented to any person or agency for use except in accordance with Board policy. Conditions of Use 1. Applications a. Applications, except for gyms and field rentals, must be completed and Accompanied with full payment of rental costs two weeks prior to the date requested. Rental fees for use of gymnasiums will require a deposit of $50 at the time of application and the rental fee will be paid within 15 days of billing date in order to continue the rental 2 ID: JUL 12'99 15:37 No.005 P.04 of the gymnasium. b. User(s) of district facilities must be sponsored by an individual, local group or organization and applications must be made at the appropriate office(s) as follows: (1) Administrative services cente All four high school gyms, swimming pools and fields; Roncalli Middle school gym and football field; Dutch Clark Stadium (2) Director of Keating Education Center Any use of the Keating Education Center (3) Maintenance services center Any application for the use of any food service kitchen will be made with the rental clerk at the maintenance services center and approved by the director of food services. (a) t1 intenance gervicea center Any application for use of all other facilities and fields (classrooms, gyms, auditoriums, etc.) will be made with the facility rental clerk at tht maintenance services center. (5) Assistant superintendent for auxiliary services: Extended rental agreements may be made with the assistant superintendent for auxiliary services subject to Board approval. C. The person who signs the application will be considered the legal agent of the organization or group and, as such, will be responsible for compliance with all conditions for the use of the facilities and cannot assign or transfer the application to a new individual or group. (1) The applicant agrees to indemnify the district for any damages oc- curring to the building or adjacent grounds during the periods such property is rented to or used by the applicant. (2) The applicant agrees to hold the district harmless from liability for any injury or accident arising during the course of the rental. The applicant will also hold the district harmless for any damage or loss to the property of any parson attending the sponsored rental activity. d. Microphones, rostrums, chairs and stage lights will be made available if requested at the time of rental application. Under no circumstances will this equipment be used or operated by anyone other than district authorized personnel. e. Upon approval, the applicants copy will be returned to the address Given. Thia copy will serve as the applicant's identification to the custodian of the building and will be surrendered to the custodian at the time of use. The custodian is required to deny the use of the building unloaa a properly approved application is surrendered. i 3 ID: JUL 12 15:38 No.005 P.05 2. Rec latione 1 a. Persons using the buildings must confine themselves to the rooms and corridors assigned for their use and to the approved times. Arena must be vacated completely at the approved time. b. When a school is occupied, a custodian must be present unless approved otherwise by the assistant superintendent for auxiliary services. organizations using district facilities will not negotiate with or pay any custodian or other district personnel for services rendered, C. The use or possession of alcoholic beverages or any illegal substance by any person or groups in facilities or on district grounds is strictly prohibited, smoking in district buildings or on district grounds is prohibited. d. No person without gym shoes will be permitted on the gymnasium floor for athletic participation. e. District facilities will not be rented to a nonschool sponsored group for a dance. f. Bingo or any other form of gambling will not be permitted in district facilities. g. Keys to a district building or facility will not be issued or loaned to any individual other than authorized district personnel. h. Notice of cancellation of a rental of a district facility must be made at the office where the rental was made at least 48 hours prior to the scheduled time in order to insure a complete refund of rental cost. in case of weekend use, the rental must be canceled by 10:00 a.m. on the Thursday preceding the scheduled time. if appropriate cancellation is not made, the renter will pay all rental fees. i, if admission or a registration fee is charged, the applicant must provide the district with a complete accounting of all ticket sales and /or registration. j. Failure to comply with the building use rules or causing unnecessary damages to a building may result in cancellation of the use permit and of any further use of any district facility by the offending organization or group. Approved March 12, 1985 Revised March 1, 1991, Revised September 22, 1998 LEGAL REP'S.: C.R.S. 22 -32 -109 (1) (bb) C.R.S. 24 -10 -101 et seq., C.R.B. 25 -14 -103.5 4 Colorado Governmental Immunity Act ID: CROSS REP.: ADC, Tobacco -Free Schoole JUL 12'99 15:39 N0.QU5 N,U6 Pueblo School District No. 60, Puoblo, Colorado 0 0 a ID: nola JUL 12'99 15:39 140.005 P.07 Olxhimtioe APPLICATION FOR BUILDING OR FACILITY USE '� � applicant school custocaa Base Rental Fee f) Principal Other Fees 3 atnletic ctrector maintenance TOTAL FEES $ .� School Nam Building Areas or Facilities: Auditorium Classroom Lunchroom Kitchen Other Dymnwlum Application Is made for the use of the above facilities for the purpose of Circle specified days: S M T W T F S Beginning Dates: 19_ -thru 19 for a total of Hours betwee ----.� --( AM) (PMTAnd (AM) (PM).. This win be a program to which the public (will) -- (will not) be invited (without charge) ---- (will pay a per ticket.) The anticipated age group is years to yeam. Attendance expect Equipment Requested The required rerrtai fee is atta or we believe that the facilities should be furnished free of charge for these reasons: Authorized School Function 1 OR Yves No Non -School Program or Organization Program or Organization Authorized Applicant Dtswict Administrator - Title Address Zip Code Telephone - Between 8 a.m. & 4 Pm. (FOR YOUR HEALTH - DISMICT NO, 64 FACILITIES ARE TOBACCO FREE ENYIRONMEWS) Application required to be In our office no later than two weeks prior to data requested. Notice of cancellation of a Dbww faclRy must be made at the of" where the rental was made at least 48 hours prior to the schedu led time in order to insure a complete refund of rental cost. Signature implies legal responsibility for compliance with all conditions of building or facility use as outlined by the Board of Education. Approved D4apprOved Reason for Disapproval i BY Date ID- JUL 12'99 1528 No.004 P.U1 Pueblo Scboot District No 60 • Studsnr ConCucr end Disc! hne Codo Student Discipline A. ion and Disci In ins (Abstracted from JK, Student Discipline) The Board of Education believes that each student is unique and htu cite potential for making positive contributions to society. We recognize that in order to function in society, individuals treed to master certain basic skills and need to continue learning through- out life. We believe that while learning the need for the talue of group dynamics, individuals will come to know and to appreciate their worth and that of others. We believe that by accepting and fulfilling appropriate responsibilities, individuals will come-LO value resultant privileges. Finally; we believe that each individual needs to dotr.lop an awareness ol• and a sensitivity to creativity in all things whether they be functional or aesthetic. Therefore, we commit ourselves in a cooperative effort with parents, community, and school .personnel to provide an atmosphere that will allow all students to: 1. Be accountable for their own actions and to realize that with privileges go responsibilities. 2. Acquire the values and attitudes necessary for lawful and responsible citizenship. 3. Display a positive attitude toward learning and the school environment. 4. Kttow and obey the rules and deelsionc of those in authority. 5, Demonstrate appreciation for the dignity and Integrity of all. C. Respect persons belonging to various cultural, social, and ethnic groups. 7. Develop a sense of responsibility to groups in which they participate. 8. Ucvelop their talents to the fullest. 9. Respect rights and educational opptmunitics ofboth students avid teachers. M rtrt v.�rt art tikrtw,rt�wMrtrbrMr •IvtiRwMNUMikrNN N'M • w 4NN+► »MdFrrtOrtrt rtrtrtrt •rtrtrtwrt School District. No. 60 schools serve malty age groups whose levels of- maturity differ: We believe that our schools must be an orderly environment in which learning is not jeopardized by disruptions. Within these limitations students must be given opportunities to bear rCSpunsibillces and to accept the reatortable exercise of authority. A necessary assumption is that students will accept their rmponsibili- ties. In addition to learning the basic academics of readings writing, and math, the most important student responsibility is to obey all school rules and policies. The Board affuras that quality education cannot proceed without good discipline, fairly and consistency applied. For purpose orthis code, student misconduct is acparated into two classifications: (IK4k -I) 'type I Behavior, which is considered serious misconduct, and'Iypc.I1 Behavior, which is less serious buss nevertheleas disruptive and, therefore, tutacceptable. Teachers and adm)n- istmtoim are expected to hold students strictly accountable for their failure to obey standards of conduct set out. herein. Administrawn, teachers, parents, and students shall be responsible for maintaining an atmosphere of acceptable and consistent discipline at all times with all students while engaged in performing them duties and resparwibiiities as employees of the District. The set of general disciplinary rules, regulations, and actions established by the Board shall be followed by each school of the District. Administrators and teachers shall be required to administer and enforce disciplinary rules, regulations, and actions, in a consistent manner at all times. The teacher, in carrying out assigned duties and responsibilities in disciplining students, shall first make an attempt to correct the situation through verbal communications. If this does not prove adequate, the teacher may use reasonable and appropriate physiatl force upon a student, when and to the extent that it is reasonably accessary and appropriate, to maintain discipline or promote the general wcifarr. of all parties so long as this force does not violate the Ghjldr='x Code of else State of Colorado or District rule or regulation. (District PolieyJIL Stadent Dledpline, and Master Agreement, Article Fourteen) 11. Province of the School The District has authority (CRS. 22-33 -1 05, 106) to control student conductwhich is prejudicial to good order and discipline in the schools ar which tends to impair the morale or good conduct of pupils. Therefore, student misconduct in the school building, school grounds, school bus, bus stops and at school- related activities such as sporting events and trips, will because for discipline by school officials. In addition, mis;wnductwhich occurs ofr•- campus or at non - school related Activities which affects the health, safety and welfare of etaffand /or students maybe subject to disciplinary action. The district also retains the right to determine the site of educational placement of a student. Suspension or expulsion shall be mandatory for serious violations in a school building or on school property. The principal may suspend of recommend expulsion of a student who engages in one or more of the following specific activities while in school buildings, tin scltool grounds, in school vehicles or during a school- sponsored activity. 1. C uusing or attempting to cause damage to school property or stealing or attempting to steal school property of value. 2. Causing or attempting to cause damage to private property or stealing or attempting to steal private property. 9. C4jrnmis3iun urrn)• act which Ircommiued by an adult would be robbery or assault as defined by suite law, Expulsion shall be mnndntor%- in accordance with state law except for commission of third degree assault. -1. Violation of criminal Inw which ha an immediate effect on the school or on the general safety or welfare of students or staff. 5. Violation of district policy ur building regulations. 6 ID: JUL 12 15:29 No.004 P.02 Pvo&o School L1lstncf Na 60 • Student Conduar srhd Disc are t=oots 6. Violation of the district's policy on dangerous weapons in the schools. Expulsion shall be mandatory for carrying. Wriging. using rrr possessing a dangerous weapon without the authoriution of the school or school district, in accordance with state law. 7. Violation of the district's alcuhol use /drug abuse policy: Expulsion shall be mandatory for We of drugs or controlled substances, in accordance with suite law. S. Violation of the district's rmolung and use of tobacco policy. 9. Violation of the district's policy (+n sexual harassment. 10. Throwing objects unless pan of a supervised Fclhool acdvlty that can cause bodily Injury or damage property. 11. Directing profanity, vulgar language or obscene gestures toward other students, schewl personnel or visitors to the school. 12. Engaging its verbal abuse, i.e., name calling, ethnic or racial slurs, or derogatory statements addrtned publicly to others that pmcipitate disruption of the school program or incite violence. 13. Committing extortion, coercion or blackmail, i.e.. obtaining money or other objects of value from an unwilling person or forcing an individual to as duvugh the use of force or threat of force. 14. Lying or giving false information, tither verbally or in writing, to a school employee. 15. Scholastic dishonesty which includes but is not limited to cheating on a test. plagiarism or unauthorized collaboration with another person in preparing written work- 16. Continued willful disobedience or open and persistent defiance of proper authority including deliberate refusal to obey a member of the school staff. 17. Behavior on or off school property which is detrimental to the welfare, safety or morals ofother students or school personnel- 18. Repeated interference with the school's ability to provide educational opportunities to other students. Each principal shall post a copy of these rules in a prominent place in each school and shall distribute a copy to caclh student, Copies also shall be available to any patron of the district upon regthest. Adopted December 14, 1993 Revised July 16, 1996 LEGAL RE15.. C P- 5.12-22.305 (7) C.RS. 185.202 et mg. C. RS 144 -301 st mg. C.R.S. 22- 82.109 (1) (w) C.R•S. 2292 -110 (2),(3),(4) GP-S, 22 -33-106 (1) (ate) CROSS RIM. ECAC, Vandalism 0505, Staff)Persorrvl Security and Safery J11130, Sexual Harassment JtC, Student Conduct, and zubcodes Jlc. Student Discipline, aid aubc ides CONTRACT REF: Pueblo Education Association Agreement, Article 14, Student Diudpline, 14-1 tD 14-5 • O , • 3 • • Under CRS 22.93.105, 106, students jeopardize their tight to a public school educai on by engaging in condom which is detrimental to good order and discipline in the schools or which tends to impair the welfare, safety, or morals of other pupils or of school pmzhrr ttcL Prinibic consequences of student misconduct include the followiur, I. Suspension (Ste file, JXD /JHIr, Suspension /E%ptdaian of Sssu>lents) Suspension is the removal of a student from school for up to twenty -five school days. A student may be su1 pende.d for conduct wilich is detrimental to good order and discipline in the schools orwhich tends to impair the welfare and safety of other pupils or of school pcmunncl, (CRS 2233-105).17te two types of suspensions are as follows: ., ,v., A Principal /Assistant Principal Suspension is defined is a suspension issued by the principal or designee for a period pending a conference with parent or legal guardian (open ended) or between one and ten school days as the rztult of cither'lype 1 or Typc 11 Behavior by the student. (CRS, 22 -33- 105,105) The parent /guardian shall be notified by letter of any Principal Suspension, with a copy to the Executive Director of Pupil Personnel- The superintendent may revoke the suspension at any time or may extend the suspension for an additional 15 school days, minimum. Except as prodded below, no student shall be suspended unless an informal conference is held with the student wbcrein: (1) Titc student shall be given written notice otcharges against him /her, (2) If the student denies the chnrges• he /she shall be given an oral or written cuplanation of the facts which form the basis of the proposed suspension: and (3) thr student shall be given an opportunity to present this /her version of the incident. (JGD, JGD-R. Staxient Suspension) Ill: JUL 12'99 15:30 Igo .004 P.03 Pablo School Diahicr No. 60 • Studenr ronduet &rid DisctrOmp Coda (M4j EilorR, Suspenuion /Expubion of Students) If the student's presence at school poses a continuing danger to person or property or an ongoing threat of disruption, the student may be immediately remtwed from school and the informal conference shall follow as soon as practicable. During the period of suspension, the principal may recommend to the superintendent that the suspension be extended for a total period not to exceed twenty -Crve (25) school clays. b. Sttperinrendcnt's 5 us e-mi`n A Superintendent's Suspension is defined as an extension of a Principal Suspention by the superintendent fora period of up to twenty (20) school days as the result of Tv pc T Behavior by the student, (CRS, 22- 33-105 (b). Such action will normally follow review and recommendation by the Executive Director of pupil Personnel. 2. Eypyisiga : (See file, JKD /JKE-R. "ension/Expulsion of Studen and JOE, Student Upuldon) Expulsion is the removal of a student from school for a period not to extend beyond one calendar year. The Board of Educa- don, after notice to parents or othtra having custodial care and a hearing upon charges preferred. may expel a student for conduct which is detrimental to good order and discipline in the schools or which tends to impair the welfare and safety of other pupils or of school personnel. At the hearing, the Board shall consider the evidence and statement that the parties present. UND- JKF..R, Suspemion/Expulslon of Students) ()GE. 5tudeat Expulsion, 22- 35-109 (c), and 22- 55.108) The Board of Education may deny admission to a student who has been expelled from any school district during the preceding twelve months whose behavior in another school district daring the preceding twelve months is detrimental to the welfare or safety of other pupils or of school personnel. R FR RRRFRRRRR RRRR�R� ►RRF.F *�.MY.r M..M4Fr4 RF F.I..F ♦F.h.MRRM 1 Student Discipline - FLlllt: JK -R -1 Student misconduct is separated into the following classifications: Type I behavior definition Certain student misconduct is so serious that It nonmallywill result in a suspension by the principal forup to lU school days and could result in an expulsion recommendation. Type I behavior includes conduct which violates the following standards 1. Numption of school A student trust not intentionally cause the substantial disruption or obstruction of any lawful mission, process or function of the school by use of violence, force. coercion, threat, intimidation, passive resistance, extortion or any other similar conduct. Neither mull he engage in such conduct if a disruption or obstruction is reasonably certain to result. Further, a student must not urge other students to engage in conduct which would result in such disruptions or obstructions. (CRS IM -109) 2- Damage to school protse /personal pt_tmrVy .. . .. A student student in t ter not insesttiotrally trine or attempt in muse damage to school ptropezq: - Damage to . - ttcitool/ . . peranttal pro perty induties defacing school propetry or the property of otherpersotu at school or at school smnaomd activido. Darnage of $200 or more is considered Type I bchavioc Repeated mmordamage to school orpetsonal ptvpetty will be the basis forasupe:intendent/vice president suspension or an expulsion from school. P- muttion for damage or replaoernent of property may be pursued by the district. Theft of school p rQpt= pere._nal proner•ty and n +<+e-2aion of srnlen p - n ►m A student must not steal or attempt to steal district, employee or student property. A student must not knowingly have in his possession property stolen from the district, school employees or other students. Theft, aaem theft or possession of stolen property having a value of E400 or more is Type i behavior. For the purpose of these regulaations, theft Is d as the taking of property belonging to someone else. Repeated theft or repeated possession of property stolen from the district or others while at school having a value $400 or more will result in a superintendent suspension or expulsion. Restitution orreplacementaf damaged property may be soughs. 4. 1hzeatc_ assault and /or battery (Staff Personal Security and Safety, GSGHI A. To Staff A student must not threaten any district employee either verbally or physicuy. Students must not cause or attempt to cause physical injury or behave in such a way that could result in physical injury to a school employee, another student or any other person: 1. On school grounds before, during or after school hours 2. On school grounds at any other time when the school is being used by a school group 9_ Off school grounds at a school activity, function or event and on approved transportation. Students must not destrey an employer's property or knowingly make a false allegation of child ahusr_. SudT mrmbcrs must be notified that staff protection forms will not be processed at their building and it is their rrsponslhility to initiate die form with appropriate authorities at the police department. 8 ID: JUL 12'99 15:30 No.004 P.U4 Puebb School Disnrcl Nn. 60 • Student Conduct end Divanlete Code B. To Students Astudent must not threaten any student either verbally or physically. Students must not cause or:tttempt to cause physical injury or behave in such a way that could result in physical Injury to another student: 1. On school grounds before, during or after school hours: 2. On school grounds at any ostler time when the school is being used by a school group; 3. Off school grounds at a school activity, function or event and on approved transportation. A. By Staff Staff must not threaten any student verbally or physically. Staff must not Cause or attempt W catse physical injury or behave in such a way that could result in physical injury to student. 1. On school grounds before, during or after school hours 2. On school grounds at any other time when the school is being used bya school group 3. Off school grounds at a school activity, function or event and on approved transportadon. Students must not destroy an employee's property or knowingly make a Isis- allegation of child abuse Staff members mint be noted that staff protection forms will not be proccascd at their building and it is their responsibility to initiate the form with appropriate authorities at the police department .. , „ . 11 , vt M 7- . i I .• & I 11 P. A student shall not possess, handle, or transmit any obiect that can reasonably be considered a weapon: a. On the school grounds durttg, before or after school hours, b, Off the school grounds at a school activity, function or event. This prohibitlon does not apply to the normal use of school supplies 11ke pencils or compasses, but does apply to any firearm, any explosive, any knife and other dangerous objects of no reasonable use to the attrclant sit sehaoL 6. Narentim. marijuana. alrnbali{'ht' )Mg=.aAd stimulant drutts No alcohol, marijuana, unauthorized drugs, or any other unauthorized substances are allowed on a district campus or at a district- sponsored activity. No student on or off school campus who has sold, consumed, or has in his or her possession or has provided to another any alcohol, marijuana, unauthorized drugs or any other unauthorized substance Is allowed on a district catrtpm or at a district -sponsored activity. A district-isponsored activity means any function which is conducted on district premises, or is sponsored by School District No. 60 or by any association of which School District No. 60 is a member. For purposes of thh regulation, controlled substances include but are not limited to narcotic drugs, opiate, hallucinogenic or mind- nitcring drugs or substances, amphetamines, barbiturates, stimulstnts, depressants, marijuana, anabolic steroids, any other controlled substtuuces as defined its law or any prescription or non prescription drug, medicine, vitamin or other chemi- cal substances not taken in accordance with the Board policy and regulations on administering medicines to students. An imitation controlled substance shall nxast a substance that is not a controlled subsimtce as defined by Colorado law, but which by appearance including color, shape, size and marking, or by representations made, would lead a reasonable perstm to believe that the substance is a controlled substance. Use of a drug authorized by a medical prescription from a registered physician shall not be considered a violation of this standard so long as the student complies with Board policy an administering medicines to students. jLCD, Administering Medicines to Students. 7. Bomb thrum /false alarms Students must not make a serious threat or false statement regarding the possession or location of an explosive device or incendiary materials. Students must not re"rt a fire or activate the fire alarm system when no flee exists. Reasonable rCstitu- tion must be made for those found guilty. - . 3 8. Sexual misconduct A student shall not inappropriately touch another person's sex organs or any other body parts in a waywhich consritutcs sexual contact, whether or nut such touching occurs through clothing. Nor shall a student expose the sex organs or body parts undcr circumstances in which such conduct is likely to be offensive or otherwise inappropriate. Q. Repll7wd grbuitl vjpladons A student must not repeatedly fail to comply with reasonable school rules orwith directions of teachers, teacher aides, ptinci- pals or other authorized school personnel during any period of time when the student is properly under the authority of school personnel. Repeated or persistent Type It behavior will be considered a violation of this standard. 10. Qlher misconduct A sardent must not commit other misconduct not covered by the foregoing standards which is disruptive and cletnmental to good order and discipline m the school. 9