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GREEN font indicates content recommended incompliance with HB 673 BROWN font indicates conforming/editorial changes ORANGE font indicates content recommended by Gregory, Doyle, Calhoun & Rogers

DISTRICT ADMINISTRATIVE RULE

ECI-R Communications System 7/19/12 ?/?/18 (GSBA Reference: ECI-Telephone Use)

RATIONALE/OBJECTIVE: 1

The Cobb County School District (District) uses numerous methods such as written and widely 2 distributed documents, spoken announcements, electronic mail, and cellular phones and other 3 wireless communication devices to transmit official information to employees quickly and 4 accurately. Employees are responsible for keeping themselves informed of official information 5 distributed through these means. Supervisors and managers are responsible for ensuring effective 6 communication occurs within their areas of responsibility. 7 8 RULE: 9 10 A. GENERAL PROVISIONS: 11

The District inter- and intra-communication system (to include computers, wired and cellular 12 phones and other wireless communication devices, regular mail and e-mail, bulletin boards 13 and employee mailboxes) is District property and is to be used primarily for business purposes 14 of the District. The District permits some limited, incidental use of this system for personal 15 communications. Such personal use must not: 16 1. Interfere with any District operation or activity, 17 2. Be for a personal business or personal monetary gain, 18 3. Cause any harm or embarrassment to the District, our schools or our employees, 19 4. Be for any unethical purposes or illegal activity, or 20 5. Negatively affect the District’s mission or any employee’s effectiveness or ability to 21

perform his/her duties and responsibilities. 22 23 Employees may be disciplined, up to and including employment termination, for violating 24 Board Policy IFBGE (Internet Safety) and/or Administrative Rule IFBGE-R (Internet Acceptable 25 Use), this Rule, or using the District communication system to violate any other Board of 26 Education Policies or District Rules. 27 28

B. GUIDELINES FOR USE OF THE INTER- AND INTRA-SCHOOL COMMUNICATION 29 SYSTEM: 30 The following guidelines govern the use of County Mail, employee mailboxes, employee 31 bulletin boards by employee and non-profit organizations, cellular phones and other wireless 32 telecommunication devices. 33 1. Electronic Mail (E-Mail): 34

The District’s E-mail System is a non-public forum administered by the Technology 35 Services Division and is provided solely for District business and communications. 36 Employee use, including limited personal use, of the District’s e-mail system is governed 37 by Administrative Rule IFBGE-R (Internet Acceptable Use). Personal use should in no case 38 interfere with the employee’s ability to perform his/her job duties or responsibilities. 39

2. County Mail: 40 a. The District County Mail system is a non-public forum administered by the Human 41

Resources Division for the efficient and effective distribution of written communications 42 to and between all schools and facilities within the District. It is primarily designed to 43 assist in the efficient operation of the District’s instructional program. 44

b. An employee or non-profit organization desiring to use the County Mail system is 45 subject to the following guidelines: 46

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(1) Requests must be authorized by the official governing body of the organization and 47 must be in the form of a letter or e-mail from the president or designee of the 48 organization. Send all requests to Director Support Services, Human Resources 49 Division, Cobb County School District, 514 Glover Street, Marietta, GA 30060. 50

(2) The request must be received by Human Resources at least ten (10) working days 51 before the day use is requested. 52

(3) All requests are subject to approval by the District. General announcements, such 53 as announcements of meeting times, places, and dates and program information, 54 may be approved. 55

(4) Advertisements, solicitations or related items must be submitted for advance 56 approval. 57

(5) Mail that includes editorial components or opinions shall not be approved. 58 (6) Commercial use of, or solicitation through, County Mail is prohibited. 59 (7) Seasonal/holiday greetings between and among schools and departments are not 60

subject to advance approval for distribution. 61 (8) Items approved for County Mail should be delivered to the Human Resources 62

Division of the Cobb County School District, 514 Glover Street, Marietta, GA 30060, 63 as soon as possible following approval. 64

(9) Action by Human Resources Division to stop unauthorized access should be uniform 65 in application. A record of such action should be maintained by the Human 66 Resources Division. 67

3. School Employee Mailboxes: 68 a. The school employee mailboxes are considered a part of the District County Mail 69

system. Therefore, the above County Mail guidelines shall apply to the use of 70 employee mailboxes and the Principal/supervisor shall be directly responsible for their 71 use. 72

b. Access to employee mailboxes for other than official business must be approved in 73 advance by the Principal/supervisor or designee. 74 (1) Action by Principals/supervisors or designee to stop unauthorized access should be 75

uniform in application. A record of such action should be maintained by the school. 76 c. General Boxes: 77

Other materials may be made available to employees at the school level in an 78 established location accessible only to employees, preferably at or near the employee 79 bulletin board or mailboxes. This may be accomplished by a box or basket being 80 provided for materials to be made available to employees interested in receiving 81 information other than general announcements. 82

4. Bulletin Boards: 83 The District recognizes two types of bulletin boards: District (official) and employee 84 (unofficial) bulletin boards. 85 a. District bulletin boards are reserved for information concerning important business-86

related subjects such as Board Policies, Administrative Rules, guidelines, legally 87 required notices, District-sponsored activities and events, safety procedures, and other 88 topics that concern or affect the majority of our employees. 89

b. Employee bulletin boards are for information concerning unofficial, non-District 90 sponsored activities or events which may be of interest to our employees, notices of 91 recreational/social clubs or organizations, want ads or other general interest items. All 92 notices to be posted on any employee bulletin board must be cleared through the 93 Principal/supervisor or designee prior to its posting. 94 (1) Action by Principals/supervisors or designee to stop unauthorized access should be 95

uniform in application. A record of such action should be maintained by the school. 96 c. Each school and facility with employees will designate a bulletin board as the employee 97

board. It should be located in an area that is accessible to employees but not the 98 general public. 99

d. Materials posted on the District bulletin board should deal with official District business 100 and must be signed and dated by the person authorized to post the information. 101

e. Employee and non-profit organizations may request use of the employee bulletin 102 board. The maximum length of time information may be maintained on the bulletin 103 board is ten (10) school or working days. 104 105

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106 5. Cellular Phones and Other Wireless Communication Devices (Cellular 107

Phones/Wireless Devices): 108 The District may issue a cellular phone or other wireless telecommunication device to an 109 employee or contractor who is required to be immediately accessible for work-related 110 communications. 111 a. Guidelines: 112

(1) District cellular phones/wireless devices are to be used for business purposes. 113 (2) Employees/contractors are allowed minimal personal use of District cellular 114

phones/wireless devices. 115 (3) An employee/contractor who uses a District-provided cellular phone/wireless device 116

is required to reimburse the District for personal use which results in additional 117 charges to the District. 118 (a) The employee/contractor’s liability is limited to the lesser of the following: 119

1) Additional charges resulting from the total number of minutes beyond the 120 plan maximum; or 121

2) Additional charges resulting from the total number of minutes used for 122 personal reasons. 123

(b) The employee/contractor is responsible for reviewing his/her cellular 124 phone/wireless device invoice and reimbursing the District the portion of the 125 additional charges that resulted from personal use. 126

(c) All cellular phone/wireless device invoices and records are subject to audit by 127 the District and/or the Internal Revenue Service (IRS) and disclosure under 128 Georgia’s Open Record’s Act (Administrative Rule EF-R [Data Management]). 129

(d) A District-owned Cellular phone/wireless device used primarily for personal 130 reasons could be considered an employee taxable fringe benefit under IRS 131 regulations. 132

(e) A pattern of personal use which causes additional cost to the District may be 133 subject to corrective or disciplinary action. 134

(4) Employees/contractors are responsible for protecting the District’s cellular 135 phones/wireless devices from loss, damage or theft. 136 (a) The employee/contractor must produce the equipment immediately upon 137

resignation or termination of employment or at any time upon request. 138 (b) An employee/contractor unable to present the equipment in good working 139

condition should expect to remunerate the cost of a replacement to the District. 140 b. Safety Issues for Cellular Phone/Wireless Devices Use: 141

(1) Employees/contractors who are issued cellular phones/wireless devices 142 must exercise reasonable precaution comply with state law, including the 143 Hands-Free Georgia Act (O.C.G.A. § 40-6-241) in conducting business-related 144 communications on a cell phone/wireless device while driving a vehicle. Safety 145 must come before all other concerns. 146

(2) If employees/contractors must use a District cellular phone/wireless device while 147 driving a vehicle, they should: 148 (a) Dial the call when the car is stopped. 149 (b) Use a hands-free phone/wireless device, if possible. 150 (c) Never look up phone numbers, calendars, or read e-mails while the car is 151

moving. 152 (d) Let voice mail answer incoming calls/messages when unable to safely answer 153

the call. 154 (e) Keep calls/communications short and keep their eyes on the road and their 155

attention on driving. 156 (f) Exercise extra care in using cellular phones/wireless devices while driving in 157

heavy traffic, inclement weather or in an unfamiliar area. 158 (3) Employees/contractors who are charged with traffic violations or who cause 159

accidents resulting from the use of the District’s cellular phone/wireless device will 160 be solely responsible for all liabilities resulting from such actions. 161

(4) Notwithstanding the above guidance, school bus drivers are strictly prohibited from 162 using a cellular phone/wireless device while driving a school bus except in 163

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emergency situations must comply with state law, including the Hands-Free 164 Georgia Act (O.C.G.A. § 40-6-165). 165 166 167

c. Personal Cell Phones: 168 Employees, except bus drivers as noted in Section 5.b.(4) above and in Administrative 169 Rule ED-R (Student Transportation Management), shall be allowed infrequent use of 170 personal cell phones so long as their use does not interfere with job performance. 171 Classroom personnel shall be allowed to use personal cell phones during any non-172 instructional time when not in the presence of students. 173

174 175 Approved: 8/26/04 176 Reclassified an Administrative Rule: 9/1/04 177 Reviewed: 9/8/04 178 Revised: 2/8/06; 7/13/06; 8/8/07; 11/14/07 179 Revised and recoded: 7/19/12 (Previously coded as Administrative Rule GBDA) 180 Revised: ?/?/18 181 182 Legal Reference 183 O.C.G.A. 40-6-241 Driver to exercise due care; proper use of radios and mobile telephones allowed 184

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GREEN font indicates content recommended by Records Management BLUE font indicates content recommended by EF-R review group (Records Management & Technology Services) BROWN font indicates conforming/editorial changes

DISTRICT ADMINISTRATIVE RULE

EF-R Data Management 8/23/12 ?/?/18

RATIONALE/OBJECTIVE: 1 2 The Cobb County School District (District) complies with the requirement of the Georgia Records 3 Act (O.C.G.A. § 50-l8-90 et seq.) that all local governments adopt a records management plan. 4 The District’s records may contain information that retains value as legal, audit, and historical 5 evidence that the District has carried out its' mandated duties and responsibilities. These records 6 contain information needed for varying lengths of time as specified in the Retention Schedules for 7 Local Government Records (State Retention Schedules) established by the Georgia Secretary of 8 State through the Division of Archives and History. 9 10 RULE: 11 12 A. GENERAL GUIDELINES: 13

1. Each division, department, and school is responsible for adhering to the State Retention 14 Schedules’ Common Record Categories as well as the Specific Record Categories or parts 15 of the Specific Record Categories that apply to school districts. For any record series in the 16 District’s custody not covered by the State Retention Schedules, the Office of Records 17 Management of the Financial Services Division shall recommend schedules for adoption by 18 the District and shall submit them to the Georgia Division of Archives and History. 19

2. Records in any format are to be retained as required in the State Retention Schedules 20 and any 21 District schedules. Absent substantial justification, no records should be: 22 a. Retained that are not required by the State Retention Schedules or District schedules; 23

and 24 b. Retained longer than is required by the State Retention Schedules or District 25

schedules. Without State approval, no record shall be retained for a period that is 26 shorter than the period required by the State Retention Schedules. 27

3. When a document is being prepared, all preliminary versions or drafts may be destroyed 28 once the final version is complete. 29 30

B. RECORDS MANAGEMENT PLAN: 31 The District establishes a Records Management Plan (Plan) administered by the Office of 32 Records Management (Records Management) of the Financial Services Division. The Plan 33 shall: 34 1. Direct and coordinate all records management matters in compliance with the Georgia 35

Records Act including identifying responsibilities of individual schools and departments; 36 2. Provide information and assistance for records storage, retrieval, and destruction to allow 37

individual schools and departments to comply with State Retention Schedules and any 38 District Schedules; and 39

3. Communicate a destruction procedure in compliance with the State Retention Schedules 40 and any District Schedules. 41 42

C. RECORDS MANAGEMENT HANDBOOK: 43 Records Management shall develop, maintain and issue a Records Management Handbook 44 (Handbook) (Form EF-1) outlining the District’s procedures for the transfer, storage, 45

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retrieval, microfilming, and destruction of records generated and maintained by the District 46 administrative and school offices. 47 48

D. OFF-SITE STORAGE: 49 An off-site records storage center District facility managed by Records Management will 50 house paper records for permanent retention and records stored temporarily pending 51 disposal/destruction. The center Records Management will: 52 1. Store records that can be removed from the office environment; 53 2. Provide access to records only to authorized personnel; 54 3. Provide information retrieval services to include copies of transcripts; 55 4. Assist in the destruction/disposal of records according to the State Retention 56

Schedules and any District Schedules; and 57 5. Coordinate the microfilming of records for permanent retention. 58

59 E. ELECTRONIC RECORDS: 60

Retention requirements included in the State Retention Schedules and any District Schedules 61 apply equally to electronic and paper records. Therefore, electronic records: 62 1. Are retained the same length of time as paper documents with the same content. 63 2. May be retained in electronic format if their retention period is not more than 15 years, or 64

they may be printed and retained in hard copy or micro-filmed, except for e-mail as 65 provided below. As a general rule, they do not need to be retained in both formats. 66

3. E-Mail: 67 Based upon its content, the State Retention Schedules categorizes e-mail as “Transitory” 68 or “Temporary” (see the Schedules for the length of retention for each category). 69 Guidelines: 70 a. Transitory e-mail should be deleted as soon as it is no longer useful. 71 b. Temporary e-mail, whether short-term or long-term, is subject to the following 72

District guidelines: 73 (1) Retention of e-mail originating within the District is the responsibility of the 74

originator. 75 (2) Retention of e-mail originating outside the District is the responsibility of the 76

recipient unless someone other than the recipient is designated to respond to it, in 77 which case the responder is responsible for retaining both the original message and 78 the response. 79

(3) Temporary e-mail, as defined above, should be printed and retained in hard copy. 80 The hard copy must include the originator of the document, the owner of the 81 document, and the date the document was created or modified. The electronic copy 82 should then be deleted. 83

c. An e-mail containing student specific information may become part of the student’s 84 permanent record if the e-mail is printed and placed with the permanent record. In this 85 event, the electronic copy is not retained. 86 87

F. OPEN RECORDS ACT: 88 Except as otherwise provided by law or court order, all records prepared and maintained or 89 received in the course of the operation of the District shall be open to the public in accordance 90 with the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq. Public records include 91 documents, tapes, photographs, and computer-based or generated information such as e-92 mails. Public records also include records received or maintained by a private person or entity 93 in the performance of a service or function for or on behalf of the District. Pursuant to the Act, 94 a reasonable charge will be collected for search, retrieval, and other direct administrative 95 costs for complying with a request to inspect or copy public records. There shall be no charge, 96 however, for the first quarter hour. When copies are requested, a copying fee will be charged 97 and collected in accordance with O.C.G.A. § 50-18-71. 98

99 100 Reclassified an Administrative Rule: 9/1/04 101 Revised: 6/14/06 102 Revised and recoded: 8/12/12 (Previously coded as Administrative Rule EHB) 103 Revised: ?/?/18 104

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105 Legal Reference 106 Rule 160-5-1-.03 Identification and Reporting of Schools 107 Rule 160-5-1-.07 Student Data Collection 108 Rule 160-5-1-.28 Student Enrollment and Withdrawal 109 Rule 160-5-6-.01 Statewide School Nutritional Program 110

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GREEN font indicates content recommended by Human Resources BROWN font indicates conforming/editorial changes ORANGE font indicates content recommended by Gregory, Doyle, Calhoun & Rogers GRAY highlight indicates content relocated and incorporated in Administrative Rule GAED-R

DISTRICT ADMINISTRATIVE RULE

GAAA-R Equal Opportunity Employment 3/11/15 ?/?/18

RATIONALE/OBJECTIVE: 1 2 The Cobb County School District (District) is an equal opportunity employer, and does 3 not unlawfully consider any legally-protected status in its employment actions regarding 4 applicants and employees. The District will not tolerate harassment, discrimination or retaliation 5 against any employee or applicant based upon legally-protected status. The District is 6 committed to hiring, promoting, and retaining the best-qualified persons for all positions; and will 7 provide equal access, opportunity, and respectful treatment in all aspects of the employment 8 process. 9 10 RULE: 11 12 A. GENERAL PROVISIONS: 13

1. It is the District’s Rule that all personnel whose responsibilities include recruitment, 14 hiring and selection, compensation, retention, promotion, training and development 15 opportunities, work assignments, performance management, discipline, reduction in 16 force, discharge, or non-renewal will regularly assure that equal employment 17 opportunities are being afforded. 18

2. The District will select employees according to the requirements of the job. Selection or 19 rejection will be based on the ability of the individual to perform the essential functions of 20 a job, consistent with valid safety requirements. Employment decisions will be free 21 from unlawful consideration based on race, color, religion, national origin, religion, 22 sex, gender (including pregnancy and related conditions), age, genetic information, 23 service in the uniform services, disability, military status any other legally protected 24 status, or retaliation. 25

3. Requests for accommodation based on an individual’s religion or disability should be 26 forwarded to the appropriate Human Resources office Division for consideration. 27

4. Employment advertisements and recruitment information shall contain assurances of equal 28 employment opportunity and shall comply with federal and state laws regarding 29 discrimination and harassment. 30

5. The District is committed to equal employment opportunity in all personnel actions and 31 seeks to provide a harmonious and respectful work environment for all employees. In 32 furtherance of this commitment the District will, from time to time but at least every 33 three years, conduct diversity and equal employment opportunity trainings which will be 34 open to all employees. 35

6. All employee, including new hires, and applicants will have access to this Rule 36 which shall also be posted on the District’s website. 37

7. Administrators and department heads are responsible for ensuring that the 38 federal equal employment opportunity postings are displayed at every District 39 facility. 40

8. Employees or applicants who wish to report of discrimination, harassment, or 41 retaliation should promptly contact the Employee Relations office in the Human 42 Resources Division to make a report. If the report concerns an individual in the 43 Human Resources Division, the report may be made to the Superintendent’s 44 Office; if the report concerns the Superintendent, the report may be made to the 45

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Chair of the Board of Education. The procedures in District Administrative Rule 46 GAEB-R shall apply to reports of discrimination, harassment, and retaliation. 47

9. This Rule is not intended to be read as an expansion of any existing federal or 48 state law. 49 50

B. PROCEDURES: 51 1. Employees who feel they have been harassed, discriminated, or retaliated against should 52

promptly contact the Employee Relations office, Human Resources Division to report their 53 complaints. The complaint procedures in this rule apply to all unlawful forms of 54 discrimination, retaliation and harassment. 55 a. If the alleged offending individual is the designated Human Resources representative, 56

the complaint shall be made to the Superintendent. If the offending individual is the 57 Superintendent, the complainant shall make the complaint to the School Board’s 58 designated officer, who shall make the other Board officers aware of the complaint. 59 The complainant can contact the designated Human Resource representative for the 60 name of the Board officer. 61

2. Unlawful retaliation, discrimination or harassment is grounds for disciplinary action, up to 62 and including termination (Administrative Rule GBK-R [Professional Personnel 63 Suspension]). 64

3. Investigations: 65 a. Employees are required to cooperate in investigations of any complaint about 66

discrimination, retaliation or harassment. 67 b. To protect the integrity of Equal Employment Opportunity investigations, the presence 68

of third parties during interviews is limited to non-attorneys and non-employees. 69 4. It is a violation of law and District Policy (Board Policy SD-4 [Treatment of Staff]) to 70

retaliate against an employee who files a discrimination complaint, participates as a 71 witness, or seeks ADA-based (Americans with Disabilities Act) reasonable accommodation. 72

5. When notified of a discrimination complaint, all individuals with pertinent records, 73 regardless of the format (electronic or non-electronic), should take immediate steps to 74 preserve the information. 75

6. Consistent with the District’s inclusive employment philosophy, all employees are expected 76 to avoid engaging in conduct including but not limited to the following examples (contact 77 the Employee Relations office if there are questions): 78 a. Teasing and unkind “jokes", insults, or degrading remarks in reference to or based 79

upon an individual’s legally protected status; or 80 b. Placement or display of offensive or derogatory visual items. 81

7. All employees, including new hires, will have access to this Rule which shall also be posted 82 on the District’s Website. 83

8. Administrators and department heads are responsible for insuring that the federal 84 equal employment opportunity postings are displayed on bulletin boards at every 85 District facility. 86

9. This Administrative Rule is not intended to be read as an expansion of any existing Federal 87 or State law. 88 89

C. APPLICATIONS FOR EMPLOYMENT: 90 1. All applicants with an active, complete application will be given consideration for 91

employment. Each application will be maintained on active file for one (1) year from the 92 date of its receipt by Human Resources Division. 93

2. Applications on file for more than one (1) year shall not be considered and such 94 applicants shall not be eligible for employment unless a new application is tendered. 95

3. No applicant may be considered for any position, including promotion, without a current 96 and complete application in the active file, regardless of past employment status with the 97 District. 98 99

C. D. EMPLOYMENT PRACTICES: 100 To the extent possible, all applicants deemed equally qualified will receive equal treatment 101 and consideration. 102

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1. All employees involved in the hiring process will endeavor to apply employment practices 103 consistently and with uniformity, including practices relating to assessment of applications 104 and interviewing. 105

2. The hiring manager at each worksite or school should provide written notice of its 106 employment decisions to all interviewed applicants as soon as practicable. 107

3. All employees will be compensated equally on the basis of job classification, experience, 108 training and ability. 109

4. Promotions of employees will be on the basis of qualifications and work record. 110 5. Appropriate vacancy lists will be available at all worksites. Position requirements and skills 111

should be available at all worksites. 112 113

D. DISCIPLINARY ACTION: 114 Unlawful discrimination, harassment, or retaliation is grounds for disciplinary 115 action, up to and including termination (Administrative Rule GBK-R [Discipline, 116 Suspension, and Dismissal of Staff]). 117 118

119 Adopted: 1976 120 Reviewed: 8/10/77 121 Revised: 9/23/82; 5/26/83; 8/8/84 122 Reviewed: 6/19/86 123 Reclassified an Administrative Rule: 9/1/04 124 Revised: 8/9/95; 8/14/98; 1/13/99; 2/22/01; 11/14/07; 1/13/10; 3/10/10 125 Revised and recoded: 7/19/12 (Previously coded as Administrative Rule GBA) 126 Revised: 3/11/15; ?/?/18 127 128 Legal Reference 129 O.C.G.A. 34-06A-0002 Equal Employment for persons with disabilities-Definitions 130 O.C.G.A. 34-06A-0003 Inquiries by employer as to existence of disability; employment decisions based on disability 131 O.C.G.A. 34-06A-0004 Prohibited discriminatory activities 132 O.C.G.A. 34-06A-0005 Retaliation by employers against employees; labor organization members 133 O.C.G.A. 34-06A-0006 Actions against persons engaged in unfair employment practices; remedies, court costs, and 134

attorney's fees 135 O.C.G.A. 45-19-0029 Fair Employment Practices Act of 1978-Unlawful practices generally 136 O.C.G.A. 45-19-0031 Unlawful practices in advertisement of employment 137 O.C.G.A. 45-01-0004 Whistleblower 138 O.C.G.A. 20-02-0211.1 Clearance certificates issued by the Professional Standards Commission relating to fingerprint 139

and criminal background checks 140 O.C.G.A. 20-02-0211 Annual contract; disqualifying acts; fingerprinting; criminal record checks 141 O.C.G.A. 30-01-0001 "Deaf person" defined 142 O.C.G.A. 34-01-0002 Age discrimination in employment prohibited 143 O.C.G.A. 34-05-0001 Discriminatory wage practices based on sex; (comp worth) 144 34 CFR 104.7 Section 504 - Designation of responsible employee and adoption of grievance procedures 145 34 CFR 100.7(c) Title VI - Conduct of investigations 146 29 CFR 1691.5 Agency processing of complaints of employment discrimination - ADA 147 34 CFR 106.8 Title IX - Designation of responsible employee and adoption of grievance procedures for sex 148

discrimination 149 42 USC 2000d 1964 Civil Rights Act 150 20 USC 1703 Denial of equal educational opportunity prohibited 151 29 USC 631 Age limits 152 29 USC 623 Age Discrimination Act of 1967 153 42 USC 12101 Americans with Disabilities Act of 1990 154 29 USC 705 Rehabilitation Act of 1972 155 20 USC 1681 Title IX of the Education Amendments of 1972 156

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GREEN font indicates content recommended by Human Resources/Evaluation Systems BROWN font indicates conforming/editorial changes ORANGE font indicates content recommended by Gregory, Doyle, Calhoun & Rogers

DISTRICT ADMINISTRATIVE RULE

GAE(2)-R Complaints and Grievances, Certified Employees 7/19/12 ?/?/18

RATIONALE/OBJECTIVE: 1 2 The Cobb County School District (District) believes that clearly stated procedures for employees 3 will make it easier to resolve concerns, complaints and grievances (Complaints) that may arise 4 between employees and/or supervisors. 5 6 RULE: 7 8 A. PURPOSE/INFORMAL RESOLUTION PREFERRED: 9

The goal of this Rule is to resolve problems and disputes in employment relationships at the 10 lowest possible organizational level with a minimum of conflict and formal proceedings so that 11 good morale may be maintained, effective job performance may be enhanced, and the 12 community may be better served. The District encourages all employees to resolve their 13 Complaints informally in a spirit of collegiality where possible. This Rule is available where 14 such efforts do not succeed, or, where for other reasons, the employee desires to pursue this 15 procedure. 16 17

B. DEFINITIONS: 18 1. Administrator: 19

The individual at each level designated by the District to preside over and make decisions 20 with respect to employee Complaints. 21

2. Complainant: 22 The employee who files a Complaint pursuant to this Rule. 23

3. Complaint: 24 Any claim by a District employee which is filed pursuant to and within the scope of this 25 Rule. 26

4. Level I Hearing Administrator: 27 The Principal of the school or supervisor of the department/division in which the 28 Complainant is assigned. 29

5. Level II Hearing Administrator: 30 The Superintendent or designee. 31

6. Level III Hearing Officer: 32 The District may appoint an attorney to serve as the law officer who shall rule on issues of 33 law and other objections, but such attorney shall not participate in the presentation of the 34 case for either party. 35

36 C. SCOPE OF COMPLAINT/EXCLUSIONS: 37

1. Scope: 38 Unless excluded by Section C of this Rule, this Complaint procedure is applicable to any 39 claim by an employee who is affected in his/her employment relationship by an alleged 40 violation, misinterpretation, or misapplication of statutes, policies, Rules, regulations, or 41 written agreements of the District with which the District is required to comply. 42

2. Exclusions: 43 This Rule shall not apply to: 44 a. Performance ratings contained in personnel annual personnel 45

evaluations and professional development remediation conducted plans pursuant to 46

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O.C.G.A. § 20-2-210, professional development remediation plans, and job 47 performance; performance ratings and personnel annual evaluations for all 48 employees not covered by O.C.G.A. § 20-2-210 (Administrative Rule GARI-R 49 [Employee Evaluation]); 50

b. Job performance; 51 c. Termination, non-renewal, demotion, suspension, or reprimand of any employee as 52

set forth in O. C.G.A § 20-2-940; 53 d. Revocation, suspension, or denial of certificates of any certified employee, as set forth 54

in O.C.G.A. § 20-2-984.5. 55 3. An employee who chooses to appeal under O.C.G.A. § 20-2-1160 (School Law Tribunals; 56

Appeals) shall be barred from pursuing the same Complaint under this Rule. 57 58 D. PROCEDURES: 59

1. A Complaint by the employee at the initial and each subsequent level of review shall be in 60 writing (See Section E below) and shall clearly state the intent of the employee to access 61 the Complaint Rule. 62

2. Time Schedules: 63 a. The Complainant shall be entitled to file a Complaint within ten (10) calendar days 64

from the most recent incident upon which the Complaint is based; 65 b. The Complainant shall have ten (10) calendar days to file an appeal at any level; 66 c. The total time frame shall not exceed sixty (60) calendar days from the initiation of the 67

Complaint until notification to the Complainant of the decision rendered by the Cobb 68 County Board of Education (Board). 69

3. Hearing: 70 a. Evidence: 71

(1) The Complainant shall be entitled to an opportunity to be heard, to present relevant 72 evidence, and to examine witnesses at each level; but 73

(2) The Complainant may not present additional evidence at Level II or Level III of the 74 Complaint process unless the additional evidence is submitted in writing to the 75 Superintendent at least five (5) calendar days prior to the hearing; 76

(3) When hearing a Level III appeal from Level II, the Board shall hear the Complaint 77 as a totally new hearing where all evidence is presented as if for the first time (de 78 novo). 79

b. Time Limits: 80 a. The Hearing Administrators and the Board shall have the authority to maintain order 81 at any hearings provided under this Rule; 82 b. Time limits may be imposed at the outset of the hearing or at any time during the 83 hearing regarding the presentation of evidence or examination of witnesses. 84

4. Representation: 85 a. Level I: 86

The presence of any individual other than the Complainant and the Level I 87 Administrator is specifically prohibited, except witnesses who present testimony or 88 documents. 89

b. Levels II and III: 90 The Complainant and the administrator against whom the Complaint is filed or whose 91 decision is appealed shall be entitled to the presence of an individual, including an 92 attorney, to assist in the presentation of the Complaint and the response thereof at 93 Level II and Level III of this procedure. If the Complainant is represented by an 94 attorney, the Board attorney shall be present and present the District’s case if 95 requested by the administrator. 96

5. Records: 97 a. An accurate record of the proceedings shall be kept at each level; 98 b. The proceeding shall be recorded by mechanical/electronic means; 99 c. All evidence shall be preserved and made available at all times to the parties involved; 100 d. All costs and fees shall be borne by the party incurring them unless otherwise agreed 101

upon by the parties, except: 102 (1) The cost of preparing and preserving the records of proceedings shall be borne by 103

the District; however, 104

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(2) The cost of transcribing the proceedings before the Board shall be borne by the 105 party requesting the same, and all costs of the record on any further appeal shall 106 be paid by the party required to do so by the laws relating thereto. 107

6. Decisions: 108 a. The decision reached at each Complaint level shall be sent to the Complainant by both 109

first class and certified mail, overnight delivery or hand delivered by a person 110 designated by the Superintendent within ten (10) calendar days of the decision. 111

b. If the decision is sent by first class and certified mail or overnight delivery, it shall be 112 sent to the address stated in the Complaint or, if not contained in the Complaint, to the 113 last known address of the Complainant on file with the District. 114

c. Notification to the Complainant of the decision shall be deemed to have been made: 115 (1) On the date of hand delivery; or 116 (2) On the date of deposit in the United States Mail by first class and certified mail, 117

return receipt requested; or 118 (3) On the date deposited for overnight delivery. 119

7. Automatic Referral to Next Level: 120 Any Complaint not processed by the administrator or the Board within the time frames 121 required by this Rule shall be forwarded to the next level of the Complaint procedure. 122

123 E. FORM OF COMPLAINT: 124

The Complaint must be in writing and shall include the following: 125 1. The mailing address of the Complainant to which notices and all other documents may be 126

delivered; 127 2. A statement of the intent of the Complainant to utilize this Complaint procedure; 128 3. A reference to the statute, policy, Rule, regulation, or written agreement that is alleged to 129

have been violated, misapplied, or misinterpreted; 130 4. A brief statement of the facts on which the Complaint is based that explains how such 131

statute, policy, Rule, regulation or written agreement was violated, misapplied, or 132 misinterpreted, and how it substantially affects the employment relationship of the 133 Complainant; and 134

5. A statement of the relief desired. 135 136 F. LEVEL I HEARING: 137

1. The Complaint shall be filed with the Level I Administrator within ten (10) calendar days 138 from the occurrence of the most recent alleged incident or other matter on which the 139 Complaint is filed and shall clearly state the intent of the employee to access the 140 Complaint; 141

2. The Level I Administrator shall indicate the date of filing on the Complaint; 142 3. If the Complaint is filed within the required time limit, the Level I Administrator shall give 143

written notice to the Complainant of the time and place of the hearing, either by mail, 144 electronically or hand delivery: 145 a. When notice is given by mail, it shall be sent by first class mail to the address set forth 146

in the Complaint; 147 b. If no address was included in the Complaint, then notice shall be sent to the last known 148

address of the Complainant on file with the District. 149 4. The Level I Administrator shall conduct a hearing on the Complaint and render a decision 150

thereon within ten (10) calendar days of the filing of the Complaint; 151 5. The decision shall be dated and shall: 152

a. Set forth findings of fact; 153 b. The decision made; and 154 c. Reasons for that decision. 155

6. A copy of the decision shall be sent to the Complainant as provided in Section D above. 156 157 G. LEVEL II HEARING - APPEAL FROM LEVEL I: 158

A Complainant who wishes to contest the decision of the Level I Administrator may appeal 159 that decision to the Level II Administrator as follows: 160 1. The appeal must be filed in the Superintendent's office in writing within ten (10) calendar 161

days after the date the Level I Administrator's decision is mailed or hand delivered; 162

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2. The appeal shall clearly set forth the questions and issues involved and the reasons why 163 the Complainant wishes to contest the Level I Administrator's decision; 164

3. The Superintendent's office shall indicate the date of the filing on the appeal; 165 4. If the appeal is filed within the time limit, a Level II hearing shall be scheduled before an 166

appropriate Level II Administrator who shall give written notice to the Complainant of the 167 time and place of the hearing by mail, electronically or hand delivery; 168

5. The Level II Administrator shall, within ten (10) calendar days of the filing of the appeal: 169 a. Obtain the record of the proceedings and evidence introduced at the Level I hearing, as 170

well as a copy of the Complaint; 171 b. Conduct a hearing; and 172 c. Render a written decision; 173

6. If the Level II Administrator is a designated representative of the Superintendent, the 174 Administrator shall promptly submit his/her recommendations and findings to the 175 Superintendent for final decision, which shall be rendered within ten (10) calendar days of 176 the filing of the appeal; 177

7. The decision shall be dated and shall: 178 a. Set forth findings of fact; 179 b. The decision made; and 180 c. Reasons for that decision; 181

8. A copy of the decision shall be sent to the Complainant as provided in Section D above. 182 183 H. LEVEL III HEARING - APPEAL FROM LEVEL II: 184

A Complainant who wishes to contest the decision of the Level II Administrator may appeal 185 that decision to the Board as follows: 186 1. The appeal must be filed in the Superintendent's office in writing within ten (10) calendar 187

days after the date the Level II Administrator's decision is mailed or hand delivered; 188 2. The appeal shall clearly set forth the questions and issues involved and the reasons why 189

the Complainant wishes to contest the Level II Administrator's decision; 190 3. The Superintendent's office shall indicate the date of filing on the appeal; 191 4. If the appeal is filed within the time limit, the Superintendent or designee shall give 192

written notice to the Complainant of the time and place of the hearing by mail, 193 electronically or hand delivery; 194

5. The Complainant and the Administrators against whom the Complaint is filed or whose 195 decision is being appealed shall be entitled to appear before the Board and be heard; 196

6. Three members of the Board may conduct the hearing and submit findings and 197 recommendations to the full Board for final decision; 198

7. The Level III hearing shall be conducted as a de novo proceeding by the Board or its 199 designated committee and a decision rendered by the Board so that the decision is mailed 200 or hand delivered to the Complainant within sixty (60) calendar days after the filing of the 201 initial Level I complaint, but no later than fifteen (15) days after the conclusion of 202 the Level III hearing; 203

8. The Board’s written decision shall be dated and shall; 204 (1) Set forth findings of fact; 205 (2) The decision made; and 206 (3) Reasons for the decision; 207

9. A copy of the decision shall be delivered to the Complainant in accordance with Section D 208 above within sixty (60) calendar days after the filing of the initial Level I Complaint. 209

210 I. APPEALS TO STATE BOARD OF EDUCATION: 211

A Complainant dissatisfied with the decision of the Cobb County Board of Education may 212 appeal that decision to the Georgia Board of Education. Such appeals shall be governed by the 213 applicable State Board Rule and O.C.G.A. § 20-2-1160. 214

215 J. REPRISALS: 216

A Complainant shall not be the subject of any reprisal as a result of filing a Complaint under 217 this Rule. Should any such reprisal occur, the Complainant may refer the matter to the 218 Professional Practices Commission (Administrative Rule Admin Rule DIE-R [Fraud 219 Prevention]). 220

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221 K. COLLECTIVE BARGAINING DISCLAIMER: 222

Nothing in this Rule shall be interpreted as authorizing or permitting collective bargaining by 223 or on behalf of any employee or group of employees. 224

225 226 Adopted: 4/14/71 227 Revised: 1/23/75 228 Reviewed: 9/23/82 229 Revised: 5/26/83; 8/8/84; 3/13/86 230 Reviewed: 6/19/86 231 Revised: 2/23/89; 6/28/90; 8/8/90 232 Reviewed: 10/9/91 233 Revised: 1/23/92; 1/28/93; 3/28/96 234 Reclassified an Administrative Rule: 9/1/04 235 Revised: 2/10/10 236 Revised and recoded: 7/19/12 (Previously coded as Administrative Rule GBK) 237 Revised: ?/?/18 238 239 Legal Reference 240 G.A. 20-02-0989.6 Complaints - Definitions 241 O.C.G.A. 20-02-0989.7 Complaints - Performance Ratings/Evaluations 242 O.C.G.A. 20-02-0989.8 Complaints - Policy 243 O.C.G.A. 20-02-0989.9 Complaints - Supplemental rules and policies 244 O.C.G.A. 45-01-0004 Whistleblower 245 O.C.G.A. 20-02-1160 LBOE tribunal power to determine local school controversies; appeals; special ed provisions 246 O.C.G.A. 20-02-0940 Grounds/procedure for terminating or suspending contract of employment (Fair Dismissal law) 247 O.C.G.A. 20-02-0989.5 Complaints policy; legislative intent 248 Rule 160-1-3-.04 School Law Tribunals and Appeals 249

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DISTRICT ADMINISTRATIVE RULE

GAE(3)-R Complaints and Grievances, Noncertified Employees 7/19/12 ?/?/18

RATIONALE/OBJECTIVE: 1 2 The Cobb County School District (District) believes that clearly stated procedures for employees 3 will make it easier to resolve concerns, complaints and grievances (Complaints) that may arise 4 between employees and/or supervisors. 5 6 RULE: 7 8 A. PURPOSE/INFORMAL RESOLUTION PREFERRED: 9

The goal of this Rule is to resolve problems and disputes in employment relationships at the 10 lowest possible organizational level with a minimum of conflict and formal proceedings so that 11 good morale may be maintained, effective job performance may be enhanced, and the 12 community may be better served. The District encourages all employees to resolve their 13 Complaints informally in a spirit of collegiality where possible. This Rule is available where 14 such efforts do not succeed, or, where for other reasons, the employee desires to pursue this 15 procedure. 16 17

B. DEFINITIONS: 18 1. Administrator: 19

The individual at each level designated by the District to preside over and make decisions 20 with respect to employee Complaints. 21

2. Complainant: 22 The employee who files a Complaint pursuant to this Rule. 23

3. Complaint: 24 Any claim by a District employee which is filed pursuant to and within the scope of this 25 Rule. 26

4. Level I Hearing Administrator: 27 The Principal of the school or supervisor of the department/division in which the 28 Complainant is assigned. 29

5. Level II Hearing Administrator: 30 The Superintendent or designee. 31

32 C. SCOPE OF COMPLAINT/EXCLUSIONS: 33

1. Scope: 34 Unless excluded by Section C of this Rule, this Complaint procedure is applicable to any 35 claim by an employee who is affected in his/her employment relationship by an alleged 36 violation, misinterpretation, or misapplication of statutes, policies, Rules, regulations, or 37 written agreements of the District with which the District is required to comply. 38

2. Exclusions: 39 This Rule shall not apply to: 40 a. Performance ratings contained in personnel annual personnel 41

evaluations and professional development remediation conducted plans pursuant to 42 O.C.G.A. § 20-2-210, professional development remediation plans, and job 43 performance; performance ratings and personnel annual evaluations for all 44 employees not covered by O.C.G.A. § 20-2-210 (Administrative Rule GARI-R 45 [Employee Evaluation]); 46

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b. Job performance; 47 c. Termination, non-renewal, demotion, suspension, or reprimand of any employee as 48

set forth in O. C.G.A § 20-2-940; 49 d. Revocation, suspension, or denial of certificates of any certified employee, as set forth 50

in O.C.G.A. § 20-2-984.5. 51 3. An employee who chooses to appeal under O.C.G.A. § 20-2-1160 (School Law Tribunals; 52

Appeals) shall be barred from pursuing the same Complaint under this Rule. 53 54 D. PROCEDURES: 55

1. A Complaint by the employee at the initial and each subsequent level of review shall be in 56 writing (See Section E below) and shall clearly state the intent of the employee to access 57 the Complaint Rule. 58

2. Time Schedules: 59 a. The Complainant shall be entitled to file a Complaint within ten (10) calendar days 60

from the most recent incident upon which the Complaint is based; 61 b. The Complainant shall have ten (10) calendar days to file an appeal at any level; 62 c. The total time frame shall not exceed sixty (60) calendar days from the initiation of the 63

Complaint until notification to the Complainant of the decision rendered by the Cobb 64 County Board of Education (Board). 65

3. Hearing: 66 a. Evidence: 67

(1) The Complainant shall be entitled to an opportunity to be heard, to present relevant 68 evidence, and to examine witnesses at each level; but 69

(2) The Complainant may not present additional evidence at Level II or Level III of the 70 Complaint process unless the additional evidence is submitted in writing to the 71 Superintendent at least five (5) calendar days prior to the hearing; 72

b. Time Limits: 73 a. The Hearing Administrators and the Board shall have the authority to maintain order 74 at any hearings provided under this Rule; 75 b. Time limits may be imposed at the outset of the hearing or at any time during the 76 hearing regarding the presentation of evidence or examination of witnesses. 77

4. Representation: 78 a. Level I: 79

The presence of any individual other than the Complainant and the Level I 80 Administrator is specifically prohibited, except witnesses who present testimony or 81 documents. 82

b. Levels II: 83 The Complainant and the administrator against whom the Complaint is filed or whose 84 decision is appealed shall be entitled to the presence of an individual, including an 85 attorney, to assist in the presentation of the Complaint and the response thereof at 86 Level II of this procedure. If the Complainant is represented by an attorney, the Board 87 attorney shall be present and present the District’s case if requested by the 88 administrator. 89

5. Records: 90 a. An accurate record of the proceedings shall be kept at each level; 91 b. The proceeding shall be recorded by mechanical/electronic means; 92 c. All evidence shall be preserved and made available at all times to the parties involved; 93 d. All costs and fees shall be borne by the party incurring them unless otherwise agreed 94

upon by the parties, except: 95 (1) The cost of preparing and preserving the records of proceedings shall be borne by 96

the District; however, 97 (2) Costs of the record on any further appeal shall be paid by the party required to do 98

so by the laws relating thereto. 99 6. Decisions: 100

a. The decision reached at each Complaint level shall be sent to the Complainant by both 101 first class and certified mail, overnight delivery or hand delivered by a person 102 designated by the Superintendent within ten (10) calendar days of the decision. 103

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b. If the decision is sent by first class and certified mail or overnight delivery, it shall be 104 sent to the address stated in the Complaint or, if not contained in the Complaint, to the 105 last known address of the Complainant on file with the District. 106

c. Notification to the Complainant of the decision shall be deemed to have been made: 107 (1) On the date of hand delivery; or 108 (2) On the date of deposit in the United States Mail by first class and certified mail, 109

return receipt requested; or 110 (3) On the date deposited for overnight delivery. 111

112 7. Automatic Referral to Next Level: 113

Any Complaint not processed by the administrator within the time frames required by this 114 Rule shall be forwarded to the next level of the Complaint procedure. 115

116 E. FORM OF COMPLAINT: 117

The Complaint must be in writing and shall include the following: 118 1. The mailing address of the Complainant to which notices and all other documents may be 119

delivered; 120 2. A statement of the intent of the Complainant to utilize this Complaint procedure; 121 3. A reference to the statute, policy, Rule, regulation, or written agreement that is alleged to 122

have been violated, misapplied, or misinterpreted; 123 4. A brief statement of the facts on which the Complaint is based that explains how such 124

statute, policy, Rule, regulation or written agreement was violated, misapplied, or 125 misinterpreted, and how it substantially affects the employment relationship of the 126 Complainant; and 127

5. A statement of the relief desired. 128 129 F. LEVEL I HEARING: 130

1. The Complaint shall be filed with the Level I Administrator within ten (10) calendar days 131 from the occurrence of the most recent alleged incident or other matter on which the 132 Complaint is filed and shall clearly state the intent of the employee to access the 133 Complaint; 134

2. The Level I Administrator shall indicate the date of filing on the Complaint; 135 3. If the Complaint is filed within the required time limit, the Level I Administrator shall give 136

written notice to the Complainant of the time and place of the hearing, either by mail, 137 electronically or hand delivery: 138 a. When notice is given by mail, it shall be sent by first class mail to the address set forth 139

in the Complaint; 140 b. If no address was included in the Complaint, then notice shall be sent to the last known 141

address of the Complainant on file with the District. 142 4. The Level I Administrator shall conduct a hearing on the Complaint and render a decision 143

thereon within ten (10) calendar days of the filing of the Complaint; 144 5. The decision shall be dated and shall: 145

a. Set forth findings of fact; 146 b. The decision made; and 147 c. Reasons for that decision. 148

6. A copy of the decision shall be sent to the Complainant as provided in Section D above. 149 150 G. LEVEL II HEARING - APPEAL FROM LEVEL I: 151

A Complainant who wishes to contest the decision of the Level I Administrator may appeal 152 that decision to the Level II Administrator as follows: 153 1. The appeal must be filed in the Superintendent's office in writing within ten (10) calendar 154

days after the date the Level I Administrator's decision is mailed; 155 2. The appeal shall clearly set forth the questions and issues involved and the reasons why 156

the Complainant wishes to contest the Level I Administrator's decision; 157 3. The Superintendent's office shall indicate the date of the filing on the appeal; 158 4. If the appeal is filed within the time limit, a Level II hearing shall be scheduled before an 159

appropriate Level II Administrator who shall give written notice to the Complainant of the 160 time and place of the hearing by mail, electronically or hand delivery; 161

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5. The Level II Administrator shall, within ten (10) calendar days of the filing of the appeal: 162 a. Obtain the record of the proceedings and evidence introduced at the Level I hearing, as 163

well as a copy of the Complaint; 164 b. Conduct a hearing; and 165 c. Render a written decision; 166

6. If the Level II Administrator is a designated representative of the Superintendent, the 167 Administrator shall promptly submit his/her recommendations and findings to the 168 Superintendent for final decision, which shall be rendered within ten (10) calendar days of 169 the filing of the appeal; 170

7. The decision shall be dated and shall: 171 a. Set forth findings of fact; 172 b. The decision made; and 173 c. Reasons for that decision; 174

8. A copy of the decision shall be sent to the Complainant as provided in Section D above. 175 9. The Level II decision is the final decision. 176

177 H. REPRISALS: 178

A Complainant shall not be the subject of any reprisal as a result of filing a Complaint under 179 this Rule. Should any such reprisal occur, the Complainant may refer the matter to the 180 Professional Practices Commission (Administrative Rule Admin Rule DIE-R [Fraud 181 Prevention]). 182 183

I. COLLECTIVE BARGAINING DISCLAIMER: 184 Nothing in this Rule shall be interpreted as authorizing or permitting collective bargaining by 185 or on behalf of any employee or group of employees. 186

187 188 Adopted: 2/10/10 189 Revised and recoded: 7/19/12 (Previously coded as Administrative Rule GBKA) 190 Revised: ?/?/18 191 192 Legal Reference 193 O.C.G.A. 45-01-0004 Whistleblower 194

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DISTRICT ADMINISTRATIVE RULE

GAEB-R Discrimination and Harassment 4/21/14 ?/?/18 GSBA Reference: GAEB (Harassment)

RATIONALE/OBJECTIVE: 1 2 Sexual Discrimination and harassment, including sexual harassment and other forms of 3 discriminatory harassment, is are unlawful and is are specifically prohibited by the Cobb 4 County Board of Education (Board) and will not be tolerated against applicants, or employees, or 5 students. 6 7 RULE: 8 9 A. GENERAL PROVISIONS: 10

1. The Board desires that its students and employees be able to enjoy a learn and 11 work place in environments free from all forms of discrimination, and 12 harassment, including sexual harassment (Board Policy GA [Treatment of Staff]; Board 13 Policy GAA [Personnel Goals and Objectives]). 14

2. Confidentiality: 15 Complaints of discrimination, harassment, or retaliation shall be maintained as 16 confidential as possible by the District; however, in order to properly investigate 17 and address such Complaints, confidentiality may not be absolute. 18 Retaliation: 19 It is a violation of law and District policies and this Rule to retaliate against 20 students or employees who file a Complaint or participate in a Complaint 21 investigation. 22

3. 2. Notification: 23 All employees, including new hires, and applicants will have access to this Rule which 24 shall also be posted on the District’s website. 25

4. 3. Training: 26 The District will, from time to time but at least every three years, conduct make 27 available sexual discrimination and harassment training which will be open to all 28 employees. 29

5. 4. This Administrative Rule is not intended to be read as an expansion of any existing 30 Federal or State law. 31

32 B. DEFINITIONS: 33

For purposes of this Rule, the following definitions and guidance shall apply: 34 1. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical 35

conduct of a sexual nature constitute sexual harassment when: 36 a. Such conduct unreasonably interferes with an employee's performance or creates an 37

intimidating, hostile or offensive working environment; 38 b. Submission to such conduct is made a term or condition of an individual's employment; 39

or 40 c. Submission to or rejection of such conduct by an employee is used as a basis for 41

employment decisions affecting the individual. 42 2. Examples: 43

Examples of prohibited conduct include, but are not limited to: 44

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a. Offensive or unwelcome sexual advances or propositions; 45 b. Employees dating students; 46 c. Threats or promises by a supervisor (i.e. loss of job or promise of job, 47

promotion, or other employment benefits); 48 d. Unwelcome or inappropriate gestures, touching, leering, patting, pinching, 49

brushing against someone’s body; 50 e. Graphic or degrading verbal abuse or harassment of a sexual nature, for 51

example: 52 (1) Sexually explicit, suggestive, or oriented discussions or questions; 53 (2) Sexual or suggestive jokes, or nicknames that stereotype, demean, or make 54

fun of any protected group; 55 (3) Inappropriate kidding, mimicking, or mocking about gender-specific traits; 56 (4) Repeated unwanted requests for dates; 57 (5) Lewd or other comments, with regard to physical appearance or attributes, 58

that are of a sexual or suggestive nature, or that are said at inappropriate 59 times or frequently; 60

(6) Foul language; 61 f. Display of hate symbols, hostile messages, or sexually suggestive objects, 62

pictures, or written materials (i.e. cards, letters, e-mail); 63 g. Non-verbal innuendo of a sexual, suggestive, or threatening nature. 64

3. Occurrence: 65 Sexual harassment can occur in a variety of circumstances, including but not limited to, 66 the following: 67 a. The victim as well as the harasser can be male or female. The victim does not have to 68

be of the opposite sex. 69 b. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in 70

another area, a co-worker, a subordinate, or a non-employee. 71 c. The victim does not have to be the person harassed but can be directly affected by the 72

offensive conduct. 73

1. “Discrimination” generally means the failure or refusal to hire an applicant; the 74 termination or demotion of an employee; the taking of an adverse action against 75 an employee with respect to compensation or other terms, conditions or 76 privileges of employment; the exclusion of a student from participation in an 77 educational program or activity; or the denial of benefits to a student of an 78 educational program or activity; or any other act or omission which constitutes 79 unlawful discrimination or harassment based on an applicant’s, employee’s, or 80 student’s race, creed, color, national origin, religion, sex, age, genetic 81 information, service in the uniform service, disability, or any other legally 82 protected status. 83

2. “Harassment,” which may include sexual harassment as well as other forms of 84 discriminatory harassment, generally means verbal, physical, or graphic conduct 85 that degrades or shows hostility or aversion toward an individual or group on the 86 basis student’s race, creed, color, national origin, religion, sex, age, genetic 87 information, service in the uniform service, disability, or any other legally 88 protected status, and that: 89 a. Has the purpose or effect of creating an intimidating, hostile, or offensive 90

working or learning environment; or 91 b. Has the purpose or effect of unreasonably interfering with an individual’s 92

work or educational performance. 93 94 C. PROCEDURES: 95

1. Intervention: 96 All administrators and other supervisors shall report to Human Resources any offensive 97 behavior that is witnessed by them or reported to them even if not reported by the 98 affected employee are authorized and expected to intervene immediately to 99 prevent or eliminate discrimination, harassment, or retaliation in working and 100 learning environments. 101

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2. Mandatory Reporting: 102 a. It is the responsibility of all employees to report any form of sexual 103

harassment unlawful conduct as prohibited in Policy GAA and GAEB as well 104 as the rules related to those policies, whether they are personally subjected 105 to the conduct or merely witness the behavior. 106

b. All administrators and other supervisors have an affirmative obligation to 107 report to the Human Resources Division any discriminatory, harassing, or 108 retaliatory behavior that is witnessed by them or reported to them even if 109 not reported by an affected student or employee. If the report concerns 110 an individual in the Human Resources Division, the report may be made to 111 the Superintendent’s Office; if the report concerns the Superintendent, the 112 report may be made to the Chair of the Board of Education. 113

3. Complaints: 114 Any student, employee or applicant who wishes to file a sexual harassment Complaint 115 should contact the Professional Standards and Ethics Employee Relations office in the 116 Human Resources Division to report their concerns:. If the report concerns an 117 individual in the Human Resources Division, the report may be made to the 118 Superintendent’s Office; if the report concerns the Superintendent, the report 119 may be made to the Chair of the Board. 120

4. a. Timeframe: 121 a. (1) The Complainant shall be entitled to file a Complaint with Human Resources within 122

thirty (30) calendar days from the most recent incident upon which the Complaint is 123 based. Individuals should make Complaints as promptly as possible to aid the 124 District in ensuring that appropriate and timely action is taken. 125

b. (2) Sexual harassment Complaint investigations shall be prompt, thorough, and 126 impartial.(3) The total time frame for the investigation shall not exceed sixty (60) 127 working days from the receipt of the Complaint until notification to the Complainant of 128 the decision rendered by Human Resources. Under unusual circumstances when it is 129 not feasible to produce a satisfactory investigative determination within sixty (60) 130 working days, the Chief Human Resources Officer Deputy Superintendent may 131 extend the timeframe as needed to ensure an appropriate investigation is 132 completed by up to ten (10) working days. 133

5. b. Investigation: 134 a. Employees are required to cooperate in complaint investigations and are expected to 135

protect confidentiality. 136 b. Allegations of discrimination, harassment, and retaliation shall be in 137

investigated in compliance with Administrative Rule GBK-R (Discipline, 138 Suspension, and Dismissal of Staff. 139

6. c. Retaliation: 140 It is a violation of law to retaliate against employees who file a discrimination 141 complaint or participate as a witness (Administrative Rule DIE-R [Fraud Prevention]). 142 143

D. RESOLUTION PROCESS STATUTORY RIGHTS: 144 Initial Determination: 145

The Professional Standards and Ethics office shall provide a written determination 146 including a recommendation for any disciplinary action to the Complainant(s) and 147 Respondent(s) and where appropriate, shall meet with one or both parties to review 148 the outcome within ten (10) working days of the conclusion of the investigation. 149

Appeal: 150 • If an employee wishes to appeal the determination and/or 151

recommendation of the Manager, such appeal should be 152 presented, in writing including the basis of the appeal, to the 153 Chief Human Resources Officer (CHRO) within ten (10) working 154 days. 155

• The CHRO will hear the appeal within ten (10) working days and 156 his/her decision shall be rendered within ten (10) working days 157 and it shall be final. 158

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• Where any recommended disciplinary action requires the 159 Superintendent and/or Board approval, the recommended 160 disciplinary action will be forwarded accordingly. 161

c. This procedure rule does not preclude any statutory rights under which an employee 162 may otherwise be entitled. 163

164 165 166 Adopted: 3/25/93 167 Revised: 3/28/96 168 Reclassified an Administrative Rule: 9/1/04 169 Revised: 11/14/07; 5/14/08; 1/13/10; 3/10/10 170 Revised and recoded: 7/19/12 (Previously coded as Administrative Rule GBAA) 171 Revised: 4/21/14; ?/?/18 172 173 Legal Reference 174 O.C.G.A. 45-1-4 Whistleblower 175 O.C.G.A. 19-7-5 Reporting child abuse 176 O.C.G.A. 20-2-1184 Mandatory reporting of students committing certain prohibited acts 177 42 USC 2000d 1964 Civil Rights Act 178 42 USC 2000e-2 Unlawful employment practices 179 20 USC 1681 Title IX of the Education Amendments of 1972 180

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DISTRICT ADMINISTRATIVE RULE

GARI-R Employee Evaluation 10/11/17 ?/?/18

RATIONALE/OBJECTIVE: 1 Employee evaluations seek to: 2

• Ensure high-quality instruction; 3 • Comply with state law, State Board of Education Rules, Cobb County Board of Education 4

(Board) Policy, and Cobb County School District (District) Rules; 5 • Recognize outstanding performance; 6 • Provide opportunities for two-way communication about goals and performance; and 7 • Document objective information needed for decisions about employee retention, 8

promotion, compensation, dismissal, transfer, placement and preference in the event of a 9 reduction in force. 10

11 RULE: 12 13 All personnel employed for 30 days or more shall have their performance evaluated 14 annually by appropriately trained evaluators. All such performance evaluation records shall be 15 part of the personnel evaluation file and shall be confidential. 16

17 A. CERTIFICATED EMPLOYEES EVALUATIONS: 18

1. Annual evaluations shall be completed by a deadline established by Human 19 Resources. 20

2. 1. All teachers of record evaluated under the Cobb Teacher Keys for Teacher 21 Effectiveness System shall be evaluated according to the requirements of state law and 22 State Board of Education rules. 23

3. All assistant local administrators, assistant principals and principals shall be evaluated 24 under the Cobb Leader Keys for Leader Effectiveness System according to the 25 requirements of state law and State Board of Education Rules. 26 2. Evaluations will be processed and stored in the electronic format approved by the State 27 Department of Education. 28 3. The summative assessment and summative conference must be completed by a 29 deadline established by Human Resources. 30

4. 4. Teachers and other contracted certified employees (Contributing Professionals) who are 31 not evaluated under the Cobb Teacher Keys for Teacher Effectiveness System shall be 32 evaluated annually by the their immediate supervisor according to the requirements of 33 the District using the District approved evaluation instrument and completed by 34 any deadline established by Human Resources. 35

5. All other District employees shall be evaluated annually by their supervisor using 36 the District approved evaluation instrument and completed by a deadline 37 established by Human Resources. 38

6. 5. A copy of the annual evaluation results shall be provided made available to each 39 employee. The original of each evaluation will be stored in the employee’s personnel file. 40 41

B. OTHER EMPLOYEES: 42 1. All other employees will be evaluated annually by the immediate supervisor prior to the 43

end of their work year or June 30 unless a special exception has been granted by the 44 Superintendent or designee. In those instances in which an extension has been granted, 45 the evaluation must be completed by October 1. In each case, the evaluation will 46 encompass the prior school and fiscal year (July 1-June 30). 47

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2. A copy of the annual evaluation results shall be provided to each employee. The original 48 of each evaluation will be stored in the employee’s personnel file. 49

50 C. GUIDELINES: 51 The following regulations will be observed regarding the evaluation of employees: 52 1. Supervisors will be provided training in evaluation techniques; 53 2. Supervisor shall provide training on District approved evaluation instruments 54

along with the employee’s job description within the first 30 days of 55 employment; 56

3. 2. Evaluation results will be reviewed with employees annually; 57 4. 3. Evaluations will be written, based in part on job descriptions, and staff development 58

will be provided to address identified needs. 59 60 61

C. D. REMEDIATION PLANS: 62 1. At the end of any school year, a certified employee who receives an overall 63

“unsatisfactory” rating on their annual evaluation shall be placed on a Remediation Plan 64 the following year. 65

2. During the course of the school year, if a classified employee with three full years of 66 District experience or a tenured employee’s performance or behavior is less than 67 satisfactory, the principal or supervisor should consider placing the employee on a 68 Remediation Plan to address specific area(s) of concern. The purpose of the plan is to help 69 the employee achieve satisfactory performance or behavior using a structured approach 70 within a specific time frame. 71

3. Employees shall be allowed to have a representative (as defined in Administrative Rule 72 GBK-R) present at the final meeting of a Remediation Plan so long as their presence does 73 not obstruct or disrupt the meeting. 74

4. Except in rare cases involving prior approval from Human Resources, an employee should 75 be given written feedback regarding the specific area(s) of concern prior to being placed 76 on a Remediation Plan, and the employee should be given a reasonable opportunity for 77 professional improvement prior to the initiation of a Remediation Plan. 78

5. At a minimum, a Remediation Plan shall last at least four (4) weeks. The Remediation 79 Plan should be extended if necessary. 80

6. While on a Remediation Plan, a certified employee may request an external review of the 81 plan by the appropriate Level Assistant Superintendent. 82

7. Formal classroom observations shall be limited to no more than (2) per week during the 83 Remediation Plan. Post-observation conferences should be held with the employee prior to 84 the next formal classroom observation taking place. 85

8. Failure to successfully complete a Remediation Plan may result in disciplinary action. 86 87

88 89 Adopted: 9/23/82 90 Revised: 7/1/88; 6/27/91; 9/22/94; 3/28/96; 07/25/96; 2/22/01 91 Reclassified an Administrative Rule: 9/1/04 92 Revised: 11/14/07; 8/13/08; 1/13/10 93 Revised and re-coded: 7/19/12 (Previously coded as Administrative Rule GCO) 94 Revised: 7/16/14; 4/15/15; 1/26/17; 10/11/17; ?/?/18 95 96 Legal Reference 97 O.C.G.A. 20-2-0200 Regulation by Professional Standards Commission (PSC); certification requirements; effect of 98 unsatisfactory evaluation 99 O.C.G.A. 20-2-0210 Annual Performance Evaluation 100 Rule 160-5-1-.37 Teacher and Leader Evaluations 101

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DISTRICT ADMINISTRATIVE RULE

IDDM-R Alternative School Education Programs 10/14/15 ?/?/18 GSBA Reference: IDDM (Alternative School Programs)

RATIONALE/OBJECTIVE: 1 2 The Cobb County School District (District) provides an Alternative Education Program (AEP) for 3 disruptive students to receive educational services in a setting other than their home school. The 4 District also provides an Alternative Education School (AES) for high school students in 5 need of an alternative path to obtaining academic credits toward 6 graduation. Administration will establish District procedures consistent with local and state 7 guidelines. 8 9 RULE: 10 11 I. ALTERNATIVE EDUCATION PROGRAM 12 13 A. AEP ASSIGNMENT VIA THE DISCIPLINE PROCESS: 14

1. Students from Outside the District: 15 a. If a student placed in an alternative educational program in another school district 16

enrolls in the District before the expiration of the period of assignment, the District 17 may continue the student’s alternative educational program under the terms of the 18 former school district’s order; 19

b. If the former district’s dismissal period from their alternative program does not 20 coincide with the District’s grading period, the student must complete a grading period 21 in the District’s AEP; 22

c. Students who enroll from outside the District must present certified documentation of 23 the previous district’s discipline decision. This documentation must be sent to the 24 District Hearing Officer for verification. 25

2. Students from Inside the District: 26 a. Schools may recommend that a student attend the alternative school program during 27

his/her long-term suspension/expulsion. Upon this recommendation or a decision of 28 the District Hearing Officer/Tribunal, expelled/long-term suspended students may 29 apply to attend AEP pursuant to a contract; 30

b. The student will remain eligible at the AEP for the time period of assignment 31 recommended in the suspension letter or as ordered by the District’s Hearing 32 Officer/Tribunal or as agreed upon in a parent/guardian waiver; 33

c. Dismissal: 34 (1) If the student violates the terms of the contract, he/she may forfeit the opportunity 35

to attend the AEP during the remainder of his/her expulsion or long-term 36 suspension, pursuant to the Order of the Hearing Officer/Tribunal and/or the terms 37 of the contract; 38

(2) The student may appeal his/her dismissal from the AEP to the District administrator 39 responsible for the supervision of the AEP; 40

(3) Students dismissed from the AEP are not allowed to return to any District campus 41 or school sponsored event during the time of suspension/expulsion; 42

(4) Students dismissed from the AEP may: 43 (a) Apply to the State Department of Education’s home school office if the 44

parent/guardian determines to home school the student; 45

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(b) Apply to complete their GED through the District’s adult education program 46 (See Administrative Rule IDC-R [Extended Programs]); 47

(c) Attend a private school of the parent’s/guardian’s choice. 48 3. If there are discipline violations while enrolled in the AEP, the student may also receive 49

further discipline, in addition to the reinstatement of his/her expulsion or long-term 50 suspension. 51

4. Students with disabilities attending the AEP as a result of a manifestation determination 52 who are removed from the AEP will continue to receive educational programming 53 consistent with the Individuals with Disabilities Education Act (IDEA). 54

55 B. PARENT/GUARDIAN REQUEST TO ATTEND THE AEP: 56

1. If a student in grades 6-10 has demonstrated difficulty with discipline at his/her home 57 school, the parent/guardian may request that the student be allowed to apply to the AEP 58 for a specific grading period or periods; 59

2. The parent’s/guardian’s request must be approved by the Principal of his/her home school 60 before the AEP application may be submitted to the Executive Director of Alternative 61 Education; 62

3. If accepted into the AEP, the student must complete the agreed upon grading period. If 63 the parent/guardian withdraws the student from AEP, the student may be required to wait 64 until the next grading period before re-enrolling in his/her home school; 65

4. To refer a special education student to the AEP, the special education supervisor must 66 request a referral packet from the Office of the Assistant Superintendent for Special 67 Student Services. The Assistant Superintendent or designee will review the referral packet. 68 Subsequent to this review, the IEP team and the Executive Director of Alternative 69 Education will determine if the AEP is the appropriate location for the student. 70

71 C. ALTERNATIVE EDUCATION PROGRAM DIRECT REFERRAL PROCESS: 72

The following procedures apply to students who, as the result of a long-term pattern of 73 behaviors, are referred directly to the AEP for assignment consideration. 74 1. Entrance Procedures: 75

a. Prior to submitting a direct referral for a student to the AEP, the home school should 76 have assessed the needs of the student and implemented strategies for addressing 77 those needs, consistent with District Administrative Rules. The home school will 78 provide the AEP with documentation of the strategies it has utilized at the time of the 79 referral; 80

b. Prior to the referral for the student to apply to the AEP, the home school administrator 81 will schedule a conference with the student and his/her parent/guardian to inform 82 them: 83 (1) That the school desires to refer the student to the AEP and the reasons for the 84

referral; 85 (2) If the parent/guardian does not agree with the referral, the student remains at the 86

home school; 87 (3) If the parent/guardian agrees with the school recommendation, the 88

recommendation will be reviewed by the AEP Director and District Alternative 89 Program administration to determine if the referral is within guidelines for 90 application to the AEP; 91

(4) The decision of the AEP Assignment Review regarding a student’s application to the 92 AEP is final; 93

(5) Transportation to the AEP is to be provided by the parent/guardian or student. 94 c. The Referral Packet (Packet): 95

(1) Contains all requested information, including documentation of strategies and 96 interventions utilized by the referring school; 97

(2) Is reviewed by AEP staff upon its receipt: 98 (a) The referring school should be notified of any missing information. This notice 99

will provide sufficient opportunity for the referring school to respond in time to 100 permit the AEP Assignment Review to occur as scheduled. 101

(b) The referring school will be notified if the student has been accepted to apply. 102 2. A student may not attend the AEP until the referral process and the AEP application is 103

complete and approved. 104

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3. Minimum Length of Attendance: 105 a. Students must attend the AEP for a minimum of one semester. Students who enter the 106

program within two weeks of the end of a semester, will remain until the end of the 107 next semester. 108

b. The minimum length of assignment may be extended by the AEP Director in 109 collaboration with the District’s AEP administrator. 110 111

D. ACADEMIC/BEHAVIOR COMPONENTS: 112 1. The AEP focuses on English/Language Arts, Math, Science, Social Studies, and Social 113

Skills. Course credit is earned in the same manner as other programs; 114 2. The services provided include the Georgia Performance Standards Curriculum; 115 3. Foreign language, honors and advanced placement (AP) classes are not offered through 116

the AEP program. 117 118 E. STANDARDIZED TESTING: 119

1. All State and/or District required testing for students in the AEP will be conducted by the 120 Alternative Education Center; 121

2. Students who are dismissed from the AEP may take Georgia and/or District required 122 testing at the discretion of the Principal of the student’s home school. 123

124 F. PARENT/GUARDIAN INVOLVEMENT: 125

1. The District’s Alternative Education Program requires the parent/guardian and the student 126 to agree to the conditions of the Ombudsman contract in order to be accepted into the 127 program; 128

2. Parents/guardians are critical partners in their children’s academic achievement and social 129 development. Prior to a student attending the Alternative Education Program, the 130 parent/guardian and student are required to: 131 a. Attend an intake session at the Alternative Education Center; and 132 b. Commit to the requirements of the District’s Alternative Education Program in order to 133

enroll the student. 134 3. Grade Reporting: 135

a. Progress reports are provided by the AEP; 136 b. Report cards are issued by the home school from grades reported from the AEP. 137

138 G. EXIT PROCEDURES: 139

1. Students are recommended to return to their home schools at the end of their minimum 140 assignment period if they have fulfilled the requirements of their AEP contract. 141

2. If the student is approved to apply to attend the AEP as a result of a disciplinary hearing, 142 or a waived disciplinary hearing, the AEP will abide by that recommendation. 143

3. When the student is approved to return to his/her home school, the home school will 144 schedule a conference for the student and the parent/guardian to discuss re-entry issues. 145

4. Notification/Records Exchange: 146 a. Home Schools: 147

(1) The AEP will provide to the home school all necessary information, including 148 attendance and grades, for all returning students. 149

(2) If a student’s home school has changed during his/her assignment at the AEP, the 150 AEP should also provide the new home school a copy of the packet that resulted in 151 the student’s assignment. 152

b. The AEP should send a letter to the parent/guardian of students who are returning to 153 their home school which should include the procedures they are to follow when re-154 enrolling students. This letter should be mailed with sufficient time for the 155 parent/guardian to receive it prior to the student’s withdrawal from the AEP. 156

157 158 II. ALTERNATIVE EDUCATION SCHOOL 159 160 161 A. AES ENROLLMENT VIA APPLICATION: 162

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1. Students may apply to attend the AES instead of their designated District high 163 school if they are in need of a different path to obtain enough credits to earn a 164 high school diploma. 165

2. To enroll, a student must: 166 a. Eligible to attend a District high school; 167 b. Be at least 16 years of age; 168 c. Have previously earned a minimum of eight (8) five (5) credits; 169 d. Have reliable transportation to and from the AES daily; and 170 e. Attend an informational session prior to enrollment. 171

3. Applications/Admissions: 172 a. Admission will be granted to students who are closest to meeting graduation 173

requirements with priority placement going to juniors and seniors. 174 b. Applications remain on file for one semester from the date of submission. 175 c. Students will be notified when space is available. 176 d. After an initial interview, a student’s file will be reviewed by the admissions 177

committee and applicant will be notified of his/her acceptance status. 178 e. A student is not guaranteed admission merely because he or she submits an 179

application or has an interview. 180 f. Following the interview, a student’s file will be reviewed by the admissions 181

committee and applicant will be notified of his/her acceptance status. 182 183

B. AES DIRECT ENROLLMENT: 184 1. Students enrolling/re-enrolling at their zoned high school will be evaluated to 185

determine academic status. 186 2. Students who are determined to be two years or more behind their 9th grade 187

enrollment class will be assigned to attend the AES high school. 188 3. Students seeking a transfer under the District’s transfer programs (see 189

Administrative Rule JBCD-R) may be assigned to attend the AES based on 190 academic status. 191

192 193 III. H. SPECIAL EDUCATION STUDENTS: 194

195 Nothing in this Rule shall be interpreted to infringe on any right provided to students by the 196 Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or 197 the Americans with Disabilities Act. 198

199 200 Adopted: 8/25/05 201 Revised: 7/1/06; 8/8/07; 7/1/08; 7/23/09 202 Revised and re-coded: 9/27/12 (Previously coded as Administrative Rule IHBHA) 203 Revised: 10/14/15; ?/?/18 204 205 Legal Reference 206 O.C.G.A. 20-02-0751.4 Policies prohibiting bullying; assignment to alternative school; notice 207 O.C.G.A. 20-02-0150 Eligibility for enrollment 208 O.C.G.A. 20-02-0154.1 Alternative education programs; intent; description; funding 209 O.C.G.A. 20-02-0300 Implementation and funding authorized 210 O.C.G.A. 20-02-0768 Expulsion/suspension for commission of a felony; alternative education system 211 O.C.G.A. 50-27-0002 Legislative findings and declarations 212 O.C.G.A. 50-27-0003 Georgia Lottery for Education Act; definitions 213 Rule 160-4-7-.10 Discipline 214 Rule 160-4-7-.19 Services for Agency-Placed Students 215 Rule 160-4-8-.12 Alternative Education Programs 216 Rule 160-5-1-.28 Student Enrollment and Withdrawal 217

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DISTRICT ADMINISTRATIVE RULE

IDF-R Interscholastic Activities 7/25/16 ?/?/18

RATIONALE/OBJECTIVE: 1 2 Participation in interscholastic/extracurricular (extracurricular) activities in Cobb County School 3 District (District) schools is a privilege. Students participating in these activities are considered to 4 be school leaders and role models who represent their school and more importantly, depict its 5 character. With leadership comes additional responsibility and student participants must adhere 6 to high standards of conduct. When students violate these standards of conduct, the District may 7 withdraw the privilege of participation in interscholastic/extracurricular activities. The purpose of 8 this code of conduct is to establish a minimum expectation of behavior. 9 10 RULE: 11 12 A. PROCEDURES: 13

1. Time in Effect: 14 Except as specifically provided, the following behavioral expectations and prohibitions 15 apply 365 days a year, 24 hours a day, in and out of the specific extracurricular season, on 16 or off school grounds, and through the use of school or outside technology resources. 17

2. Parental/Self Reporting of Law Enforcement: 18 Parents/guardians and/or students must report any charges against or arrest of a student 19 or student behavior in which law enforcement is involved, violation of this rule or the 20 District’s Student Code of Conduct to their high school administration or coach within 21 two weeks (14 calendar days) of the arrest or behavior violation. The two week time 22 frame includes weekends, school holidays and summer vacation. Failure to report arrest, 23 charges or behavior a violation may result in additional consequences which may include, 24 but is not limited to, doubling of the student’s consequences for the behavior in question. 25

3. Provisions: 26 a. Sponsors/Coaches should investigate policy violations and report to the school 27

administration. The Principal or designee should make all determinations of penalties, 28 in consultation with the coaches, sponsors and the District Athletic Director, as 29 appropriate. 30

b. Unless otherwise specified, periods of suspension from activities does not include 31 preseason workouts and other preseason activities. Such student’s ability to participate 32 in preseason activities will be determined by the Principal or designee in consultation 33 with the coach. During the student’s period of suspension the student cannot have 34 contact with the team during any team activities. 35

c. Students cannot attempt to evade the intent of the Rule by joining a new sport 36 specifically to allow their suspension days to run their course. If a student athlete 37 participates in a sport that he/she had not been previously involved with, he/she must 38 complete the season of the new sport in good standing in order for the suspension 39 days to count. 40

d. Transferring from one District school to another does not relieve the student from the 41 consequences for a violation of this Rule. Should a student choose to transfer outside 42 of the District, the designated school administrator or the school athletic director will 43 contact the new school to inform them of the violation and the resulting penalty. The 44 District may also honor the activity consequences from other private or public school 45 systems. 46

47

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48 49 50

4. Notification: 51 a. Elementary/Middle Schools: 52

In addition to providing students with copies of the appropriate Student Code of 53 Conduct (Administrative Rule JCDA-R), elementary and middle schools should make 54 participants in extracurricular activities aware of this Administrative Rule. 55

b. High Schools: 56 In addition to providing students with copies of the appropriate Student Code of 57 Conduct (Administrative Rule JCDA-R), each high school should provide written 58 notification of this Administrative Rule to all participants in extracurricular activities. 59 60

B. ALCOHOL/ILLEGAL DRUGS/INHALANTS: 61 The District believes very strongly that use, possession, selling or buying over the counter 62 drugs or products to get high; alcohol; illegal drugs; or prescription drugs in an unauthorized 63 manner at any time is an offense. Such use, possession or distribution by extracurricular 64 participants is banned. All misdemeanor driving under the influence (DUI) offenses 65 will be dealt with according to this section. All felony DUI offenses will be dealt with 66 under Section D, below. Offenses are cumulative at the high school level. 67 • 1st Offense: 68

o Suspension from extracurricular activities, including practice and regular/post 69 season, for a minimum twenty-five (25) calendar days; plus 70

o Suspension from regular/post season contests to equal a minimum of 30% of 71 the number of regular season contests/performances; plus 72

o Student must complete the GRIP (Gaining Results in Intervention and Prevention 73 Program) which consists of one four hour Saturday session attended by the student 74 and the parent, or another comparable program. If the student cannot attend the 75 program until after the suspension is lifted, they must still attend the program in 76 order to be eligible to compete in their next extracurricular/athletic season. Failure 77 to attend or complete the program as required may result in continued 78 extracurricular/athletic ineligibility beyond the initial suspension. 79

o If offense is during the off season, the first offense suspension will begin on the 80 GHSA start date for the next season with which the recognized athlete is affiliated. 81

o If the student has not completed his suspension at the end of the season, the 82 remaining days will be completed at the beginning of the next affiliated GHSA 83 activity. 84

• 2nd Offense: 85 Suspension from extracurricular activities for a minimum of one calendar year. The 86 student will not be permitted to participate in preseason activities or practice. 87

• 3rd Offense: 88 Permanent suspension from extracurricular activities, including preseason activities and 89 practices. 90 91

C. TOBACCO [IN-SEASON USE]: 92 Student use of tobacco or tobacco product substitutes (e.g., tobacco look-alikes, 93 such as BaccOff), cigarette look-alikes (e.g., electronic cigarettes), hookahs and 94 hookah lookalikes (e.g. electronic hookahs) is prohibited. 95 • 1st Offense: 96

Suspension from all extracurricular activities for two (2) school days/ 97 • 2nd Offense: 98

Suspension from all extracurricular activities for five (5) school days and must sit out 10% 99 of games/matches/performances/competitions. 100

• 3rd Offense: 101 Suspension from all extracurricular activities for ten (10) school days and must sit out 102 20% of games/matches/performances/competitions. 103

• 4th Offense and Subsequent Offense: 104 Suspension from all extracurricular activities for ninety (90) calendar days. 105 106

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D. FELONY: 107 1. Guidelines: 108

a. A student who is arrested for, indicted for, convicted of, or charged with a felony or act 109 that would constitute a felony if committed by an adult shall be automatically 110 suspended from interscholastic/extracurricular activities; 111

b. Students will not be permitted to participate in preseason activities; 112 c. DUI: 113

All felony DUI offenses will be dealt with according to this section. 114 2. Duration: 115

a. The student shall remain suspended from extracurricular activities until: 116 (1) The charges are completely dismissed; 117 (2) The charges are reduced to a misdemeanor in which case the student may be 118

subject to penalties outlined in Section E, below, or Section B, for alcohol offenses; 119 (3) The student is found not guilty; or 120 (4) The student serves his/her consequences as outlined below. 121

b. Once the student successfully completes the consequences assigned by the judge or 122 agreed to by the student, including probation or diversion, the student may be 123 permitted to participate in extracurricular activities. Evidence that the probation period 124 has expired, fines have been paid and/or community service has been completed is 125 required. 126

c. If a student has been arrested or charged with an offense, but the matter has been 127 expunged, sealed, removed from a student’s record, treated as a “first offender” 128 action, or the behavior has not been prosecuted (nolle prosequi), that student may 129 present or obtain documentation as required by the school to determine the 130 circumstances of the matter and appropriate eligibility consequences, as determined at 131 the discretion of school administration. Such incidents will be reviewed on an 132 individualized basis and a legal determination in the matter may not be sufficient to 133 change the student’s consequences. 134 135

E. MISDEMEANORS: 136 1. A student who is arrested for, charged with, or found guilty of a misdemeanor shall receive 137

consequences as outlined below. However, minor offenses that result in fines alone may 138 be dealt with as a violation of Section F G.7. below. 139

o 1st and Subsequent Offenses: 140 o Minimum suspension from extracurricular activities for one (1) school day up to a 141

maximum of permanent suspension from extracurricular activities. 142 2. Drug/Alcohol/DUI: 143

Any student who is accused of a misdemeanor alcohol/drug offense or a misdemeanor DUI 144 will receive consequences as outlined in Section B above. 145

3. If the student produces proof that the charges are completely dismissed or the student is 146 found not guilty, these consequences may be lifted. If a student has been arrested or 147 charged with an offense, but the matter has been expunged, sealed, removed from a 148 student’s record, treated as a “first offender” action, or the behavior has not been 149 prosecuted (nolle prosequi), that student may present or obtain documentation as 150 required by the school to determine the circumstances of the matter and appropriate 151 eligibility consequences, as determined at the discretion of school administration. Such 152 incidents will be reviewed on an individualized basis and a legal determination in the 153 matter may not be sufficient to change the student’s consequences. 154 155

F. PARENTAL/SELF REPORTING OF LAW ENFORCEMENT: 156 Parents/guardians and/or students must report any charges against or arrest of a student or 157 student behavior in which law enforcement is involved, to their high school administration or 158 coach within two weeks (14 calendar days) of the arrest or behavior. The two week time 159 frame includes weekends, school holidays and summer vacation. Failure to report arrest, 160 charges or behavior may result in additional consequences which may include, but is not 161 limited to, doubling of the student’s consequences for the behavior in question. 162 163

G. F. OTHER OFFENSES: 164

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A student who commits the following offenses may be suspended or permanently dismissed 165 from the team or activity. The head coach in conjunction with the school administration will 166 determine consequences for the following: 167 1. Hazing: 168

School clubs and student organizations shall not use hazing or degradation of individual 169 dignity (Administrative Rule JHC-R [School Clubs/Organizations and Student 170 Organizations]); 171

2. Missing practice, rehearsal or activities (unless excused by the coach, teacher, or 172 sponsor); 173

3. Truancy and/or skipping classes; 174 4. Acting in an unsportsmanlike manner when representing the school; 175 5. Violating curfew as established by the coach; 176 6. Any act at school or away from school, which results in any discipline by school 177

administration; or 178 7. Any act at school or away from school which, in the opinion of the Principal reflects in a 179

negative manner on the school, athletic program, or activity. 180 181 182 Adopted: 9/28/00; 8/11/04 183 Reclassified an Administrative Rule: 9/1/04 184 Revised: 8/10/05; 6/10/09; 4/14/10 185 Revised and re-coded: 1/7/13 (Previously coded as Administrative Rule JICDD) 186 Revised: 7/1/13; 7/1/15;7/25/16; ?/?/18 187 188 Legal Reference 189 O.C.G.A. 20-17-2 Interstate Compact on Educational Opportunity for Military Children 190 O.C.G.A. 20-2-160 Determination of enrollment; determination of funding 191 O.C.G.A. 20-2-315 Gender equity in sports 192 O.C.G.A. 20-2-316 Athletic association defined; high school athletics 193 O.C.G.A. 20-2-411 School fund kept separate; use of funds; separation of school taxes; investments 194 O.C.G.A. 20-2-86 Operation of school councils; training; membership; management; roles and responsibilities 195 Rule 160-5-1-.18 Competitive Interscholastic Activities in Grades 6-12 196 20 USC 1681 Title IX of the Education Amendments of 1972 197

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DISTRICT ADMINISTRATIVE RULE

JAA-R Equal Educational Opportunities 1/7/13 ?/?/18

RATIONALE/OBJECTIVE: 1 2 The Cobb County School District (District) shall maintain its educational programs in compliance 3 with all laws relating to non-discrimination. Procedures shall be established and personnel 4 appointed within the District to deal with student and parent concerns relative to the requirement 5 of non-discrimination. 6 7 No person shall be discriminated against because of race, creed, color, national origin, religion, 8 sex, age, or disability. 9 10 RULE: 11 12 A. DEFINITIONS: 13

1. A "grievance" is a complaint that alleges action by the District in violation of Title IX, 14 Section 504 of the Rehabilitation Act, Americans with Disabilities Act (ADA), or Title VI. 15

2. "Grievant" is the person initiating the complaint. 16 3. "Responsible Official" indicates the employee designated by the District to coordinate its 17

efforts to comply with and carry out its responsibilities under the various pieces of 18 legislation. 19 • Facilities Accessibility – Director of Construction 20 • Student Issues (Title IX, and Title VI) – Director, Student Support office 21 • Student Program Accessibility (Including Title II, Section 504, and ADA, and 22

IDEA) – Assistant Superintendent, Teaching and Learning Support and 23 Specialized Services Special Student Services Division 24

• Title VI Student Issues – Student Support office 25 4. "Student" means a person enrolled in one of the schools or instructional programs 26

operated by the District. 27 5. "Building administrator" means the building principal or designee. 28

29 B. PROCEDURES FILING A GRIEVANCE: 30

All grievances brought by a student or by another person on a student's behalf shall be 31 handled in the following manner: 32 1. Local School: 33

a. Within twenty (20) school days of the time that the grievant knows, or reasonably 34 should know about the grievance the grievant shall present the grievance orally to notify 35 the building administrator Principal or designee who shall note in writing the date of the 36 grievance presentation of the incident(s) giving rise to such grievance. If the 37 grievance concerns allegations against the Principal, the grievant shall notify the 38 appropriate level assistant superintendent. 39

2. b. Within five (5) school days after the grievance is presented, the principal or designee 40 shall orally answer the grievance. Information shall be given to the grievant regarding the 41 procedures to follow if the oral answer from the building administrator proves 42 unsatisfactory The grievant will be asked to complete and sign the Student Equity 43 Grievance Form (Form JAA-1) detailing the basis of the grievance. 44

3. When the principal or designee receives a grievance, he/she should document 45 the alleged incident in writing. 46

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4. The principal or designee should interview the grievant at the earliest practical 47 time in order to secure the detail and circumstances giving rise to the grievance. 48

5. The grievant should be informed that retaliation is prohibited and that the school 49 will take steps to prevent retaliatory discrimination. 50

C. 2. The Responsible Official INVESTIGATION: 51 1. a. If the grievance is not resolved orally, within five (5) school days of the oral answer, the 52

grievant shall state his/her grievance in writing on Form JAA-1. When completed and 53 signed, the form should be submitted to a building administrator for response. The 54 building administrator shall use the form to document his/her previous oral response as 55 well as further steps he/she has taken to resolve the complaint. Within five (5) school days 56 of his/her receipt of the complaint form, the building administrator shall: 57

(1) Give copies of the completed form to: 58 (a) The grievant. 59 (b) The principal. 60

(2) Send a copy to the District’s designated responsible official. 61 (3) Retain a copy for the school file. 62

Within As soon as practical, but no later than ten (10) school days of the receipt 63 of the grievance, the Principal or designee should conduct begin an investigation 64 into the grievance to determine whether the grievance has a basis in fact. 65

2. b. The written grievance shall: 66 (1) Name the student involved and/or the person bringing the grievance on behalf of 67

the student; 68 (2) State the situation or conditions giving rise to the perceived discrimination; 69 (3) Identify the specific provisions of the legislation or the implementing regulations 70

alleged to have been violated; and 71 (4) Indicate the specific relief sought. 72

Such investigation should include but is not limited to, an interview with the 73 charged party or parties, interviews with witnesses, if any, and an examination 74 of any relevant documents. The grievant and alleged perpetrator shall be 75 informed that they are entitled to bring forward witnesses and other relevant 76 evidence. 77

3. c. Upon receiving the completed grievance form, the District’s responsible official shall 78 mark it with the date of receipt. Within ten (10) calendar days of receiving the written 79 complaint, the responsible official shall give an answer in writing to the grievant. 80 At the conclusion of a timely investigation, which should generally be completed 81 within fifteen (15) school days of the initiation of the investigation, the Principal 82 administrator with whom the grievance was reported, or designee shall prepare a 83 written report that sets forth the findings of the investigation and the evidence in 84 support of the findings. Both the grievant and alleged perpetrator will be 85 notified of the results of the investigation, in compliance with FERPA. 86

3. The Superintendent: 87 Should the grievance not be resolved in Step Two, the grievant may then appeal to the 88 District Superintendent's office: 89 a. Within five (5) school days of receiving the responsible official's answer, the grievant 90

may submit his or her grievance form (Form JAA -1), along with any written response 91 to that complaint, to the Superintendent who shall issue a signed and dated receipt for 92 the materials. 93

b. The Superintendent shall hear the grievance within twenty (20) calendar days after 94 receiving any properly filed written complaint. 95

c. The grievant shall be given a full and fair opportunity to present evidence related to 96 the facts and issues raised by the grievance. The Superintendent and/or designee, 97 along with other District representatives and/or counsel shall attend the hearing. 98

d. The grievant may also choose to be represented by counsel at such a hearing. The 99 length of the hearing will be mutually determined by the parties involved and will not 100 exceed three (3) working (8 hour) days. 101

e. The Superintendent shall render his/her decision in writing within ten (10) calendar 102 days after completion of the hearing. A copy of the Superintendent's decision shall be 103 furnished to the grievant. 104

f. The Superintendent's decision shall be final within the District. 105

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106 C. FAILURE TO OBSERVE TIME LIMITS: 107

1. In the event the grievant fails to exercise the options provided under the grievance 108 procedure, or to abide by the time limits established for each step, the grievance shall be 109 declared out of order by the District official involved. The matter shall then be settled in 110 accordance with the District’s last answer. 111

2. In the event the District fails to give its answer at any step within the time limits 112 prescribed, the grievant shall have the right to proceed immediately to the next step. 113

4. 3. At any time in these proceedings, the grievant may appeal directly to the Office for Civil 114 Rights, Washington, DC, as outlined in the District’s nondiscrimination compliance 115 notification. Any time limit may be extended by a written mutual agreement signed by the 116 grievant and the District official involved. 117 118

D. EFFECT OF SETTLEMENT RESOLUTION OF THE GRIEVANCE: 119 1. In the event that it is determined that grievant has been subjected to 120

discrimination, the District will take steps to: 121 a. Prevent the recurrence of any such discrimination; 122 b. Correct any discriminatory effects on the grievant; 123 c. Provide interim relief, if appropriate; and 124 d. Prevent retaliatory discrimination. 125

2. Any settlement of a grievance shall be applicable to that grievance only and shall not be 126 considered binding authority for the disposition of any other grievance. 127

128 129 Adopted: 7/22/82 130 Revised: 4/l3/83; 4/14/04 131 Reviewed: 8/8/84; 9/1/04 132 Revised: 7/28/05; 1/18/12 133 Revised and re-coded: 1/7/13 (Previously coded as Administrative Rule JB) 134 Revised: ?/?/18 135 136 Legal Reference 137 O.C.G.A. 45-1-0004 Whistleblower 138 O.C.G.A. 20-2-0131 Objectives and purposes of QBE program 139 O.C.G.A. 20-2-0133 Free public instruction; exceptions; eligibility; transfer and utilization; funding 140 34 CFR 104.7 Section 504 - Designation of responsible employee and adoption of grievance procedures 141 34 CFR 100.7(c) Title VI - Conduct of investigations 142 29 CFR 1691.5 Agency processing of complaints of employment discrimination - ADA 143 34 CFR 106.8 Title IX - Designation of responsible employee and adoption of grievance procedures for sex 144

discrimination 145 42 USC 2000d 1964 Civil Rights Act 146 20 USC 1412 State eligibility 147 20 USC 1703 Denial of equal educational opportunity prohibited 148 29 USC 794 Nondiscrimination under Federal grants and programs 149 20 USC 1400 Individuals with Disabilities Education Act of 2004 150 20 USC 1701 Equal Educational Opportunities Act of 1974 151 29 USC 705 Rehabilitation Act of 1972 152 20 USC 1681 Title IX of the Education Amendments of 1972 153

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GREEN font indicates content recommended by the Homeless Liaison office BROWN font indicates conforming/editorial changes

DISTRICT ADMINISTRATIVE RULE

JBC(1)-R Homeless Students 2/15/18 ?/?/18

RATIONALE/OBJECTIVE: 1 2 The Cobb County School District (District) seeks to ensure that each homeless student has equal 3 access to the same, free, appropriate public education, including a public preschool education, as 4 provided to other District students. 5 6 RULE: 7 8 A. IDENTIFICATION OF HOMELESS STUDENTS: 9

1. The McKinney-Vento Homeless Assistance Act (Act), 42 U.S.C. § 11431 et. seq., defines 10 homeless students as those who lack a fixed, regular and adequate nighttime residence. 11 This includes: 12 a. Children and youth who: 13

(1) Share the housing of other persons due to the loss of housing, economic hardship, 14 or a similar reason; 15

(2) Live in motels, hotels, trailer parks, or camping grounds due to the lack of 16 alternative adequate accommodations; 17

(3) Live in emergency or transitional shelters; or 18 (4) Are abandoned in hospitals. 19

b. Children and youth who have a primary nighttime residence that is a public or private 20 place not designed for or ordinarily used as a regular sleeping accommodation for 21 human beings; 22

c. Children and youth who live in cars, parks, public spaces, abandoned buildings, 23 substandard housing, bus or train stations, or similar settings; or 24

d. Migratory children who qualify as homeless because they are living in circumstances 25 outlined in items a, b, or c above. 26

2. In addition, a student who is not in the physical custody of a parent/guardian and is living 27 in one of the situations listed above may be considered an unaccompanied youth. 28

3. The principal or designee shall have the parent/guardian/unaccompanied youth complete 29 Form JBC(1)-1 (Student Residency Statement) and fax to the Homeless Education 30 Program office staff to determine homeless eligibility according to the above definition. 31 a. Eligibility is determined for the current school year only and renewal for the following 32

year is not automatic. 33 b. The parent/guardian/unaccompanied youth must re-submit a new Student Residency 34

Statement [Form JBC(1)-1] each school year (after July 1). The Homeless Education 35 Program office staff will determine homeless re-eligibility for any subsequent school 36 year. 37

4. The school shall provide the parent/guardian/unaccompanied youth a copy of Form 38 JBC(1)-5 (Information on the McKinney-Vento Homeless Assistance Act ). 39 40

B. ENROLLMENT/WITHDRAWAL OF HOMELESS STUDENTS: 41 1. An identified homeless student should be enrolled immediately even if the student lacks 42

records normally required for enrollment. 43 2. If a homeless unaccompanied youth arrives at school, the student shall be enrolled 44

immediately and the school social worker (SSW) notified. The SSW shall contact the 45 unaccompanied youth and complete the enrollment process. Students must meet the 46 District’s age eligibility criteria for enrollment. 47

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3. Homeless students qualify for free breakfast and lunch (Form JBC(1)-6 [Procedure for Free 48 Lunch]). 49

4. When homeless students enroll without records (i.e., transcripts/grade reports, birth 50 certificate, immunizations/health records) the Principal or designee shall: 51 a. Contact the former school to request the student’s records and discuss immunization 52

information and tentative placement; 53 b. Create a cumulative record if it is determined that the records are not available; 54 c. Refer the student to public health and provide follow-up to ensure that the student 55

obtains necessary screenings, immunization or other required health records, if there 56 are no immunization or other required health records; and 57

d. Contact the homeless liaison for additional assistance. 58 5. Parents/guardians must provide the school with a current phone number and address. 59 6. Withdrawal: 60

Homeless students often leave school without officially withdrawing. If the school 61 is contacted by another district for a homeless student’s records, requested 62 information shall be provided and school records sent within 15 days to the receiving 63 school district. 64

65 C. ACADEMIC CREDIT: 66

In accordance with federal and state policy, a student’s homeless status shall not be a barrier 67 to receiving appropriate credit for full or partial coursework satisfactorily completed while 68 attending a prior school. Additional information regarding students receiving appropriate 69 credit may be found in Administrative Rule IHA-R (Grading Systems). 70 71

D. SCHOOL ENROLLMENT: 72 1. According to the homeless child’s or youth’s best interests, the student may: 73

a. Enroll in the school serving the attendance zone where the student resides; or 74 b. Continue enrollment in the school of origin, when feasible. The school of origin is the 75

school the student attended when permanently housed, or the school in which the 76 student was last enrolled, including preschool, or the designated receiving school 77 at the next grade level for all feeder schools. 78

2. When determining which school the child will attend, the District will base the decision 79 upon the student’s best interest. Student-centered factors related to the child’s or youth’s 80 best interest will be considered, including the impact of mobility on achievement, 81 education, health, and safety of homeless children and youth, giving priority to the request 82 of parent/guardian/unaccompanied youth. In the case of an unaccompanied youth, the 83 homeless liaison will assist in the placement and enrollment decisions, giving priority to 84 the youth’s views (Form JBC(1)-2 [School of Origin Request Form]). 85

3. A homeless student who attends his/her school of origin in accordance with 86 paragraph C D.1. above may: 87 a. Attend that school for the duration of homelessness; 88 b. Stay in the school for the remainder of the academic year if the student becomes 89

permanently housed during the academic year; or 90 c. Attend their school for the duration of homelessness if the student becomes 91

homeless between or during academic years. 92 93

E. TRANSPORTATION: 94 Transportation will be provided to and from the school of origin if requested by the 95 parent/guardian where required by federal law at 42 U.S.C. § 11432(g)(1)(J)(iii). In the case 96 of an unaccompanied youth, the transportation request will be made by the homeless liaison 97 (Form JBC(1)-3 [Procedure for Transportation to School of Origin]). 98 99

F. DISPUTE RESOLUTION: 100 1. If a dispute arises over eligibility, school selection or enrollment in school, the 101

parent/guardian shall be provided with a written explanation of the District’s decision, 102 including the right to appeal. In the case of an unaccompanied youth, the homeless liaison 103 will provide written notification to such youth including the right to appeal (Form JBC(1)-4 104 [Written Notification and Dispute Resolution Form]. 105

2. If a parent/guardian/unaccompanied youth disputes the District’s decision: 106

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a. The student shall be immediately admitted to the requested school, pending resolution 107 of the dispute, including all available appeals; 108

b. The dispute shall be referred to the District’s homeless liaison who will consult with the 109 director of the District’s Title I program for resolution within 7 business days of receipt 110 of the Dispute Resolution Form; 111

c. If the matter is not resolved at that level, the Superintendent or designee shall issue 112 the District’s decision within 10 business days of second dispute by parent/guardian. 113

d. If the matter is not resolved at that level, the parent/guardian may contact the Georgia 114 Department of Education Grants Program Consultant. 115 116

G. ROLE OF THE HOMELESS LIAISON: 117 The role of the District’s homeless liaison is to provide that: 118 1. Homeless students, families, and unaccompanied youth: 119

a. Are identified by school personnel; 120 b. Enroll in and have an equal opportunity to succeed in school; 121 c. Have access to and receive educational services for which they are eligible; 122 d. Are referred to the SSW, if other support resources are needed. 123

2. Parents/guardians of homeless students are made aware of educational and related 124 opportunities available to their children and are provided with a meaningful opportunity to 125 participate in their children’s education; 126

3. Public notices of the educational rights of homeless students are disseminated in schools 127 and locations frequented by parents or guardians of such children and youths including 128 such places as family shelters; 129

4. Enrollment disputes are mediated in accordance with the Act; 130 5. Parents/guardians and unaccompanied youth are informed of the transportation services 131

provided by the District, including transportation to the school of origin, when required; 132 6. Students who do not have immunization or medical records are assisted; 133 7. Collaborate and coordinate with the Georgia Department of Education Grants Program 134

Consultants and community and school personnel responsible for providing education and 135 related support services to homeless children and youth.; 136

8. School personnel providing services to homeless children and youth receive professional 137 development and support; and 138

9. Unaccompanied youth: 139 a. Are enrolled in school; 140 b. Have opportunities to meet the same challenging state academic standards as 141

established for other children and youth; and 142 c. Are informed of their status as independent students under the Higher Education Act of 143

1965 and that the youths may obtain assistance from the local educational agency 144 liaison to receive verification of such status for purposes of FAFSA. 145

146 147 Adopted: 8/28/03 148 Revised: 5/12/04 149 Reclassified an Administrative Rule: 9/1/04 150 Revised: 8/10/05; 9/10/08 151 Revised and re-coded: 1/7/13 (Previously coded as Administrative Rule JFABD) 152 Revised: 6/14/17; 2/15/18; ?/?/18 153 154 Legal Reference 155 O.C.G.A. 20-2-150 Eligibility for enrollment 156 O.C.G.A. 20-2-293 Student attending school in system other than system of student's residence 157 O.C.G.A. 20-2-690.1 Mandatory education for children between 6 and 16 158 O.C.G.A. 20-2-694 Administration/enforcement of attendance reqts. 159 Rule 160-5-1-.28 Student Enrollment and Withdrawal 160 42 USC 11431 McKinney-Vento Homeless Assistance Act 161

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GREEN font indicates content recommended by Student Support BROWN font indicates conforming/editorial changes

DISTRICT ADMINISTRATIVE RULE

JC(1)-R Non-Enrolling Parent Rights 7/20/16 ?/?/18

RATIONALE/OBJECTIVE: 1 2 The Cobb County School District (District) recognizes the important role that parents play in the 3 education of their children. 4 5 RULE: 6 7 A. GENERAL PROVISIONS: 8

This administrative rule specifically addresses the District's relationship with non-enrolling 9 parents and its responsibilities to the enrolling parent unless modified or restricted by court 10 order or legally binding document. 11 1. In instances where a court order or legally-binding document exists, it shall be the 12

responsibility of the parent to provide a bona fide copy of the order or document to the 13 Principal or designee. 14

2. The District reserves the right to request and review copies of custodial documents should 15 a dispute arise. 16 17

B. DEFINITION OF ENROLLING PARENT: 18 This rule defines an enrolling parent as the parent with whom the student resides and who 19 enrolled the student. 20

21 C. NON-ENROLLING PARENT: 22

The non-enrolling parent, shall be afforded the following: 23 1. STUDENT RECORDS: 24

a. A non-enrolling parent may request a copy of the school records for his/her child in 25 accordance with the Family Educational Rights and Privacy Act (FERPA). This request: 26 (1) Must be placed in writing to the Principal and notarized (Form JR-3 27

[Parent/Guardian Request for Education Records] may be used for this purpose). 28 (2) Shall be honored: 29

(a) Wwithin forty-five (45) calendar days, unless prohibited by a court order or 30 other legally-binding document; and. 31

(b) After the school makes an attempt to notify the enrolling parent of the request 32 for records and the school's intended compliance. 33

b. The right to request a copy of the school records includes the right to a response from 34 the school to reasonable requests for clarification and interpretations of records. 35

2. TEACHER CONFERENCES: 36 a. The non-enrolling parent, absent a court order or other legally-binding document which 37

provides otherwise, is encouraged to attend joint conferences for the purpose of 38 clarification and interpretation of student records with the enrolling parent during the 39 regularly scheduled conference weeks in grades K-8 and during the regularly scheduled 40 advisement weeks appointments in grades 9-12. 41

b. If either the non-enrolling or enrolling parent objects to attending a joint conference, 42 either parent may request that the non-enrolling parent be provided a separate time 43 for clarification and interpretation with a staff member. This request for a separate 44 conference shall be made by a notarized letter to the Principal or designee. 45

3. SCHOOL ACTIVITIES: 46 a. Absent a court order or other legally-binding document which specifically provides 47

otherwise, the non-enrolling parent may: 48

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(1) At the beginning of the school term, request by a notarized letter to the Principal or 49 designee, copies of school information given to parents at that time. The request 50 should be in the form of a notarized letter to the Principal or designee. 51

(2) Attend any public or spectator activity involving his/her child. Attendance at public 52 or spectator activities does not include: 53 (a) Lunchroom visits. 54 (b) Classroom visits, except to attend classroom activities to which all 55

parents/guardians are invited. 56 (c) Other activities that are not classified as public or spectator. 57

b. Exception: The enrolling parent may provide a written statement to the school giving 58 permission for the non-enrolling parent to attend non-public/spectator activities 59 (luncheon visits, and so forth). This document must be maintained at the school and 60 must be specific as to the permission granted. 61

4. CHECK-OUT OR PICK-UP: 62 a. Pursuant to State law, and absent a court order or other legally-binding document 63

which specifically provides otherwise, the non-enrolling parent will not be permitted to 64 check-out or pick-up students unless proper authorization from the enrolling parent is 65 on file with the school. 66

b. Exception: The enrolling parent may provide a written statement to the school giving 67 permission to the non-enrolling parent to check-out or pick-up the student. This 68 document must be maintained at the school and must be specific as to the permission 69 granted. 70 71 72

Adopted: 1/11/89 73 Revised: 5/23/91; 5/28/92; 6/26/03; 8/11/04 74 Reclassified an Administrative Rule: 9/1/04 75 Revised: 8/10/05 76 Revised and re-coded: 10/25/12 (Previously coded as Administrative Rule KBBA) 77 Revised: 7/20/16; ?/?/18 78 79 Legal Reference 80 O.C.G.A. 20-2-720 Inspection of student's records by parents 81 O.C.G.A. 20-2-780 Change of custody of minor child by removing child from school premises is prohibited 82