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
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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