District Policies

SAFE SCHOOL ZONE LAW, SAFE SCHOOL ZONES (RSA 193-D)

Under the Safe School Zones statute, a student may be suspended or expelled for acts of theft, destruction, or violence occurring on school property, bus stops, and routes regardless of the age of the student for:

• • Homicide
  • Assault (simple, first-degree, second-degree assault)
  • Sexual Assault (felonious or aggravated felonious sexual assault)
  • Criminal Mischief
  • Unlawful Possession or Sale of a Firearm or Other Dangerous Weapon (the term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2-1/2 inches in length*) Title 18 U.S. Code
  • Arson
  • Burglary
  • Robbery
  • Theft
  • Illegal Sale or Possession of a Controlled Drug

*Knives of any size are not allowed on Milford School District property

NO SMOKING POLICY

Students are not permitted to smoke, use, or possess tobacco products or any other smoking devices including electronic cigarettes on school property, in the school building, or at school-sponsored events.  Any student who violates this policy will be subject to the following:

• • 1st Offense: Suspension - 1 day in school or out of school suspension with related research assignment
  • 2nd Offense: Suspension - 3 days in or out of school suspension and must meet with school Administration, school counselor, and parent upon return
  • 3rd Offense: Suspension - 5 days in or out of school suspension and admin team will meet to discuss additional consequences and/or support

Students are prohibited from bringing lighters, matches, or any other ignition devices to school. State law prohibits smoking on public property.  Police will be notified of all offenses.

A complete copy of district policy 4040 can be found on the school district website or at 4040 - No Smoking Policy - Policies - Section 4000 - Milford School District (milfordk12.org)

DRUG AND ALCOHOL POLICY

The use, sale, transfer, distribution, possession, or being under the influence of unauthorized prescription drugs, alcohol, narcotics, unauthorized inhalants, controlled substances, and illegal drugs is prohibited on any school district property, in any district-owned vehicle, or in any other district-approved vehicle used to transport students to and from school or district activities.  This prohibition also applies to any district-sponsored or district-approved event.  The use, sale, transfer, or possession of drug-related paraphernalia is also prohibited.

For the purposes of this policy, a controlled substance shall include any controlled substance as defined in the Controlled Substances Act, 21 U.S.C. 812(c), or RSA 318-B, Controlled Drug Act.

Students may only be in possession of medication as detailed in Board Policy 4010.  Searches of persons reasonably suspected to be in violation of this policy will be conducted in accordance with Board Policy 5095.

Any student who is found by the administration to be in violation of this policy shall be reported to the local law enforcement agency and subject to disciplinary action up to and including suspension, expulsion, or other discipline in accordance with the District’s disciplinary policy. Strict compliance is mandatory.  The school Principal/designee shall immediately report all incidents involving a controlled substance to the appropriate local law enforcement agency and the Superintendent.  All controlled substances shall be turned over to local law enforcement.

A complete copy of district policy 4045 can be found on the school district website or at 4045 - Student Drug and Alcohol Policy - Policies - Section 4000 - Milford School District (milfordk12.org)

DRUG-FREE SCHOOL ZONES (RSA 193-B)

In accordance with RSA 193-B:2, it shall be unlawful for any person to manufacture, sell, prescribe, administer, dispense, or possess with intent to sell, dispense, or compound any controlled drug or its analog within a drug-free school zone at any time of the year.

In accordance with RSA 193-B:6:

1. It shall be a violation for any person to cover, remove, deface, alter or destroy any sign or other marking identifying a drug-free zone as provided by RSA 193-B:4, I
2. Lack of knowledge that the prohibited act as defined in RSA/193-B:2 occurred on or within 1,000 feet of school property shall not be a defense

III. A violation of RSA 193-B:2 shall not include an act which occurs entirely within a private residence wherein no person 17 years of age or under is present

A complete copy of district policy 4060 can be found on the school district website or at 4060 - Drug Free Workplace Policy - Policies - Section 4000 - Milford School District (milfordk12.org)

STUDENT DISCIPLINE AND DUE PROCESS (JICD)
A. Policy Statement
This policy establishes the substantive parameters, procedures and due process that shall apply

before a student may be subject to temporary (same day) removal from classrooms or activities,
restriction from activities, detentions, suspensions and/or expulsion. Pursuant to Board policy JIC,
response to misconduct, including disciplinary measures and consequences should be designed to
maximize student academic, emotional and social success, while at the same time assuring safety of
all students, staff and school visitors. Administration of any of the consequences described in this
policy shall be consistent with the system of support and graduated sanctions established pursuant
to Policy JIC and the applicable Code of Conduct.

B. Standards and Procedures Relative to Disciplinary Consequences.
1. "Removal from the classroom" means a student is sent to the building Principal's office or other
designated area during the same school day. It is within the discretion of the person in charge of the
classroom or activity to remove the student.

Students may be removed from the classroom at the classroom teacher's discretion if the student
refuses to obey the teacher's directives, becomes disruptive, fails to abide by school or District rules,
or the Code of Conduct, or otherwise impedes the educational purpose of the class. Before ordering
the removal, the staff member ordering the removal shall warn the student of the infraction and
allow the student to respond.

Detentions are not appealable.

2. "Restriction from school activities" means a student will attend school, classes, but will not
participate in other school extra-curricular activities, including such things as competitions, field
trips, and performances. A student who has been restricted from school activities may participate in
practices at the discretion of the person imposing the restriction.

Before ordering the restriction, the supervising employee (e.g., teacher, coach, director, Principal,
etc.) ordering the restriction shall warn the student of the infraction and allow the student to
respond. If the restriction is immediate and outside of school hours, provision must be made to
assure the student is not left unsupervised. The terms of the restriction shall be communicated to
the Principal and the student’s parent/guardian.

Restrictions under this policy are not appealable.

3. "Detention" means the student's presence is required for disciplinary purposes before or after the
hours when the student is assigned to be in class, and may occur on one or more Saturdays.
Students may be assigned classroom detention at the classroom teacher's discretion, and building
detention at the Principal’s discretion, if the student refuses to obey the teacher/employee's
directives, becomes disruptive, fails to abide by printed classroom, school, or District rules, or the
Code of Conduct, or otherwise impedes the educational purpose of the class. Before ordering the
detention, the staff member ordering the detention shall warn the student of the infraction and allow
the student to respond. Parents/guardians shall be notified at least 24 hours prior to a student
serving detention.

Detentions before or after school shall not exceed one hour, and Saturday detentions shall not
exceed three hours. The building Principal is authorized to establish, announce, and post additional
guidelines and rules regarding detention, supervision, building access, etc.. The length and timing
of the detention is within the discretion of the licensed employee disciplining the student or the

Adopted: 3/7/2022

Formerly:  5005

Legal References: 

18 U.S.C. § 921, Et seq., Firearms

20 U.S.C. § 7151, Gun-Free Schools Act

RSA 189:15, Regulations

RSA 193:13, Suspension & Expulsion of Pupils

RSA Chapter 193-D, Safe Schools Zones

RSA 631:4, Criminal Threatening

RSA 651:5, XIII “Act of Violence”

NH Code of Administrative Rules, Section Ed 306.04(a)(3), Discipline

NH Code of Administrative Rules, Section Ed 306.04(f), Student Discipline Policy

NH Code of Administrative Rules, Section Ed. 306.04(g), Suspension & Expulsion

NH Code of Administrative Rules, Section Ed 317.04, Suspension and Expulsion of Pupils Assuring Due Process Disciplinary Procedures

In re Keelin B., 162 N.H. 38, 27 A.3d 689 (2011)

A complete copy of district policy JICD can be found on the school district website or at JICD  Student Discipline and Due Process - Policies - Section 5000 - Milford School District (milfordk12.org)

1. 1. Bullying. Bullying is defined as a single significant incident or a pattern of incidents involving a written, verbal, or electronic communication, or a physical act or gesture, or any combination thereof, directed at another pupil which:
      1. Physically harms a pupil or damages the pupil’s property;
      2. Causes emotional distress to a pupil;
      3. Interferes with a pupil’s educational opportunities;
      4. Creates a hostile educational environment; or
      5. Substantially disrupts the orderly operation of the school.

1. 2. Cyberbullying. Cyberbullying is defined as any conduct defined as “bullying” in this policy that is undertaken through the use of electronic devices. For purposes of this policy, any references to the term bullying shall include cyberbullying. Electronic devices include, but are not limited to, telephones, cellular phones, computers, and pagers that are able to transmit instant messages, text messages, and websites.

1. Occurs on, or is delivered to, school property, school busses, or a school-sponsored activity or event on or off school property; or
2. Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil’s educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event.

1. False Accusations. A student found to have wrongfully and intentionally accused another of bullying shall be subject to disciplinary consequences and/or interventions designed to address the behavior. A school employee found to have wrongfully and intentionally accused a student of bullying shall be subject to discipline or other consequences to be determined in accordance with applicable law, District policies, procedures and collective bargaining agreements.
2. Reprisal or Retaliation. The District shall discipline and take appropriate action against any student, volunteer, or employee who retaliates against any person who makes a good faith report of alleged bullying or against any person who participates in a proceeding relating to such bullying. The District shall take appropriate action for any individual who engages in reprisal and/or retaliation in accordance with applicable law, Board policy, and applicable collective bargaining agreements.  Students who engage in this act may be subject to discipline up to and including expulsion.  Employees who engage in this act may be subject to discipline up to and including termination of employment.  Volunteers may be subject to exclusion from school grounds.
3. Process to Protect Pupils From Retaliation. If the alleged victim or any witness expresses to the Principal/designee or other staff member that he/she believes he/she may be retaliated against, the Principal/designee shall develop a process or plan to protect that student from possible retaliation. Such plans may include warnings, rearranging of class schedules, and eliminating privileges, and other similar strategies.

Legal Reference: Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)

            Section 504 of the Vocational Rehabilitation Act of 1973 (29 USC § 794 et seq.)

            Title IX of the Education Amendments of 1972 (20 USC § 1681 et seq.)

            Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d)

            RSA 186:11

            RSA 193:13

            RSA 193:38

            NH Code Admin. R. Ed. 303.01(i) and (j)

            NH Code Admin. R. ed. 317

Cross Reference: Policy 5125-R – Student Discrimination and Harassment Complaint Procedure

            Policy 2401 – Nondiscrimination/Equal Opportunity

                                    Policy 5014 - Hazing             

            Policy 5009 – Pupil Safety and Violence Prevention: Bullying and Cyberbullying

• For complaints of conduct not concerning Sexual Harassment (Sexual Harassment is defined and discussed in Policy 2403), a complaint will be presented orally and informally to the immediate supervisor for review and resolution.
• Alleged sexual harassment brought forth by an employee will immediately be referred to the Superintendent of Schools and shall move immediately to the immediate supervisor for review and resolution.
• Alleged sexual harassment brought forth by a student will be brought to the Superintendent of Schools, who may proceed to deal with the complaint as he or she sees fit. The Superintendent may omit any or all step(s) of this procedure. The Superintendent shall take any and all actions he or she deems necessary to keep any student safe from harm.  Employees of the District may not and shall not engage in a sexual relationship with any student currently enrolled in the Milford School District.  Unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct that has sexual connotations, by students or employees, will not be tolerated. Depending upon the circumstances and degree of the harassing behavior, the Superintendent may implement any discipline up to and including discharge or expulsion.  Additionally, some forms of sexual harassment are considered violations of State criminal law and, as such, shall be referred to law enforcement authorities.

• If, as a result of the informal meeting(s), the matter is not resolved satisfactorily, the aggrieved person may within twenty (20) business days after the alleged policy violation present his/her grievance in writing to the Chairperson of the Grievance Committee c/o the Superintendent’s Office, specifying the nature of the grievance and dates(s) of the occurrence and the remedy sought.
• The Grievance Committee consists of the following personnel, and will be gender balanced;

1. 1. Human Resources
   2. One member from each school is appointed annually by each school’s Leadership Team.

• If the Aggrieved Person is not satisfied with the decision of the Grievance Committee, he or she may appeal the decision to the Superintendent within ten (10) business days after receipt.
• The Superintendent will, within twenty (20) business days of receipt of the appeal, investigate and render a decision, in writing, to the Aggrieved Person.

• If the Aggrieved Person is not satisfied with the decision of the Superintendent of Schools, he or she may appeal the Superintendent’s decision to the School Board within ten (10) business days after receipt.
• The Board will, within forty (40) business days of receipt of the appeal, investigate and render a decision, in writing, to the Aggrieved Person.
• The Board’s decision will be considered final.

1. A “Complaint” is defined as an allegation that a student has been discriminated against or harassed on the basis of sex, sexual orientation, gender identity, religion, race, color, creed, ancestry, national origin, age, marital status, familial status, economic status, physical or mental disability.
2.  “Discrimination or harassment” means discrimination or harassment on the basis of sex, sexual orientation, religion, race, color, creed, ancestry, national origin, age, marital status, familial status, economic status, or physical or mental disability. “Discrimination” may include treating individuals differently, or interfering with or preventing them from enjoying the advantages or privileges afforded to others because of their membership in a protected class. Discrimination on the basis of sex shall include acts of “sexual violence,” which refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.  “Harassment” may include oral, written, graphic, electronic or physical conduct relating to an individual’s actual or perceived membership in a protected class that is sufficiently severe, pervasive or persistent so as to interfere with or limit that individual’s ability to participate in the District’s programs or activities by creating a hostile, intimidating or offensive educational environment.

1. Any individual who believes a student has been discriminated against or harassed should report his/her concern promptly to the Building Administrator or the Superintendent’s designee and utilize this complaint procedure. Written reports are preferred, but not required. The Board has provided a model Complaint form, which is available online and in Principal’s offices. Individuals who are unsure whether unlawful discrimination or harassment has occurred or who need assistance in preparing a written complaint are encouraged to discuss the situation with the Building Administrator or the Superintendent’s designee.
2. School employees are required to report possible incidents of discrimination or harassment of students to the Building Administrator or the Superintendent’s designee.
3. Students and others will not be retaliated against for making a Complaint or participating in an investigation. Retaliation is illegal under state and federal nondiscrimination laws and any retaliation by students or school staff will result in disciplinary measures, up to and including expulsion or dismissal.
4. Students are encouraged to utilize this Complaint Procedure. Students also have the right to report complaints directly to the New Hampshire Commission for Human Rights, 2 Chenell Drive, Unit 2, Concord, NH 03301-8501 (telephone: 603-271-2767) the police and/or to the federal Office for Civil Rights, Regional Director, U.S. Department of Education, 5 Post Office Square, 8th Floor, Boston, MA 02110-1491 (telephone: 617-289-0111).

1. Building Administrator or the Superintendent’s designee will respect the confidentiality of the complainant and the individual(s) against whom the Complaint is filed to the extent possible, consistent with the District’s legal obligations, the necessity to investigate allegations of discrimination and/or harassment and take disciplinary action.
2. The Building Administrator or Superintendent’s designee will promptly inform the Superintendent and the person(s) who is the subject of the Complaint that a Complaint has been received. The information provided to the individual who is the subject of the Complaint may be limited in order to respect the complainant’s request for confidentiality.
3. Except where the Complaint alleges sexual violence, the Building Administrator or the Superintendent’s designee may pursue a prompt and equitable informal resolution of the Complaint with the agreement of the parties involved. The complainant will not be required to attend meetings with the subject of the complaint, but may choose to do so as part of the resolution process. Any party to the Complaint may decide to end an informal resolution process and pursue the formal process at any point. The informal resolution process and outcome is subject to the approval of the Superintendent, who will consider whether the informal resolution is in the best interest of the parties in light of the particular circumstances and applicable policies and laws.
4. The Building Administrator or Superintendent’s designee will notify the parent(s) or guardian(s) of the complainant and subject of the Complaint as soon as practicable, but not later than 48 hours after receipt of the Complaint, unless the Building Administrator or Superintendent’s designee has received a written waiver of this obligation from the Superintendent. The Superintendent’s decision regarding whether to waive the 48-hour parent/guardian notification obligation shall be made on a case by case basis and shall be based on his or her determination regarding whether the notification is in the best interests of the complainant and/or the subject of the Complaint.
5. The Complaint will be investigated by the Building Administrator or the Superintendent’s designee. Any Complaint about an employee who holds a supervisory position will be investigated by a person who is not subject to that supervisor’s authority. Any Complaint about the Superintendent will be submitted to the Chair of the School Board, who should consult with legal counsel concerning the handling and investigation of the Complaint.
6. The investigation will be initiated as soon as practicable, but not later than five (5) school days after receipt of the Complaint, unless the Superintendent determines that the initiation of the investigation should be delayed and provides the Building Administrator or Superintendent’s designee with a written extension. If such an extension is granted, the Superintendent will notify all involved parties.

1. The person who is the subject of the Complaint will be provided with an opportunity to be heard as part of the investigation.
2. The complainant and the subject of the Complaint may suggest witnesses and/or submit materials they believe are relevant to the Complaint.
3. If the subject of the Complaint is an employee of the District, any applicable individual or collective bargaining contract provisions shall be followed.
4. The Building Administrator or the Superintendent’s designee shall keep a written record of the investigation process.
5. The Building Administrator or the Superintendent’s designee may take supportive measures to reduce the risk of further discrimination or harassment while the investigation is pending. Examples of supportive measures include, but are not limited to, ordering no contact between individuals, changing schedules or classes, etc.
6. The Building Administrator or Superintendent’s designee will use a preponderance of the evidence standard (i.e., more likely than not) when evaluating the evidence and will consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions.
7. The investigation will be completed within thirty (30) school days of the initiation of the investigation, unless the Superintendent provides a written extension of up to seven (7) additional school days for completion of the investigation. If such an extension is granted, the Superintendent shall notify all involved parties.
8. Privacy rights of all parties to the Complaint will be maintained in accordance with applicable state and federal laws.

7. If the Building Administrator or Superintendent’s designee determines that discrimination and/or harassment occurred, he/she will, in consultation with the Superintendent:

1. Determine what remedial action, if any is needed to end the discrimination or harassment, remedy its effects, and prevent recurrence.
2. Determine what disciplinary action should be taken against the person(s) who engaged in discrimination or harassment, if any; and
3. Within ten (10) school days of the completion of the investigation, inform the complainant and the person(s) who engaged in the discrimination and/or harassment in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).

8. After the conclusion of the investigation, the complainant or the subject of the Complaint may seek an appeal of the findings solely on the basis of either (a) prejudicial procedural error or (b) the discovery of previously unavailable relevant evidence that could significantly impact the outcome, or the investigator’s recommendation. Appeal rights for students disciplined for acts arising under this policy shall be subject to RSA 193:13 and Ed. 317. Appeals must be submitted in writing to the Superintendent within 10 school days of receiving notice of the outcome of the investigation.  If the Superintendent performed the initial investigation or is the subject of the Complaint, the appeal shall be reviewed by the Chairman of the School Board or a designated subcommittee of the School Board.  Upon receipt of a valid appeal, the Superintendent or Chairman/Subcommittee shall review the investigation report and may conduct further investigation if deemed appropriate.  The decision on the appeal shall be provided in writing to the complainant within 21 business days, if practicable.  The decision on appeal shall be final.

Legal Reference:  Americans with Disabilities Act (42 U.S.C. § 12101 et seq.); 28 CFR § 35.107

Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.); 34 CFR § 104.7

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.); 34 CFR § 106.8(b)

Title VI of the Civil Rights Act of 1964 ((42 U.S.C. § 2000d et seq.)

Family Educational Rights and Privacy Act (20 U.S.C. § 1232g); 34 CFR Part 99

NH Code Admin R. Ed. 303.01(i) and (j)

NH Code Admin R. Ed. 317

RSA 193:13

RSA 193:38

RSA 186:11

Cross Reference: Policy 2401 - Nondiscrimination/Equal Opportunity

Policy 5125 - Harassment and Sexual Harassment of Students