Policies and Procedures

Below is a list of the most commonly referenced board policies. You can view this information in the District Handbook, which can be downloaded from the Registration Page of this website. A complete set of Board Policies can be found in the Board Policy Manual available online and in the District Office.

For questions regarding policies or procedures and their application, please contact the Office of the Superintendent, 847-604-7401.


Community Relations - Visitors to and Conduct on School Property (Board Policy 8:30)
Ethics and Gift Ban (Board Policy 2:105)
Homework (Board Policy 6:290)
Students - Appearance (Board Policy 7:160)
Students - Attendance and Truancy (Board Policy 7:70)
Students - Bus Conduct (Board Policy 7:220)
Students - Expulsion Procedures (Board Policy 7:210)
Students - Harassment of Students Prohibited (Board Policy 7:20)
Students - Student Behavior (Board Policy 7:190)
Students - Suspension Procedures (Board Policy 7:200)
Students - Vandalism (Board Policy 7:170)



Our school policy is based on the requirements of the state law, which states that a child be present for five clock hours of instruction to be given credit for a full school day of attendance. Half day kindergarten students must be present for two hours. Please attempt to schedule doctor and dentist appointments outside of school hours so that little or no time is missed. Attendance is documented on report cards.

Your cooperation is sought in scheduling family vacation periods and other non-school connected activities during regular school holidays. Success in our educational program is dependent upon regular school attendance. Also, fiscal support and school ratings by the state of Illinois are based upon student attendance. The goal is for all students to maintain a minimum of 90% attendance rate


If your child is absent from school because of illness, please notify the school no later than one hour after the beginning of the school day. This permits a check on attendance and is a valuable security measure for your child. After three days absent, homework assignments may be issued at parent’s request, and may be picked up after school hours or delivered by a classmate. District 67 strongly discourages absences for reasons other than illness. Every school day matters.

Tardy Procedures

Tardiness has a detrimental effect on all of our students. Tardiness causes a disruption to the educational setting, and causes the student who is late to miss work and valuable instruction.

Each school will carefully track all students who are tardy, and notify parents when tardiness becomes problematic. Be sure to check with your school for detailed procedures, which vary by grade level. These procedures ensure that the family is informed, and records are kept to make certain students who are chronically tardy learn the importance of “bell to bell” attendance.

Early Entrance

Early Entrance Referral Process for Incoming Grades K-1

(ref: Board Policy 6:135 Accelerated Placement Program)

Eligible Students:  To be considered for early entrance into a grade level, parents/guardians must live within the school district boundaries at the time of the request.

Early Entrance into Gr. K:  This term applies to a student whose 5th birthday is on or between Sept. 2nd-Oct. 31st.  The regular cut-off date for entering kindergarten is September 1st.

Early Entrance into Gr. 1: This term applies to a student whose 6th birthday is on or between  Sept. 2nd-Oct. 31st. The regular cut-off date for entering first grade is September 1st.

Whole-grade Acceleration into Gr. 1: This term applies to a student who has not completed a kindergarten program, but whose 6th birthday falls on or between Sept. 2nd-Oct. 31st. Parents can follow the procedures below to recommend a review to determine if the child will be recommended to start first grade before completing kindergarten.

Request Submission Timeline:  Parents shall submit requests to the district March 1-May 1of the school year prior to the child’s requested enrollment (see SUMMARY OF TIMELINE below).

Fee:  There is no fee for the initial stages of the request (Steps 1-3 below).  If, after the district reviews preliminary information and a child is invited to participate in an individual screening, a fee will be charged to defray associated costs. The screening fee for the 2019-2020 school year is $500 (fees may be adjusted in subsequent years).

Screening Timeline:  For children who are recommended for further consideration, individual screening appointments take place on designated days between the day after the regular school year ends and July 15.


Parent submits written request for consideration to Principal of home school (i.e., elementary school where the child would attend). Principal names and contact information are available on the district website.

  • For Gr. K consideration, child must turn 5 before Nov. 1 of kindergarten year.
  • For Gr. 1 consideration, child must turn 6 before Nov. 1 of first grade year.

Principal will inform Director of Teaching and Learning of request and will send parent a student information form to fill out and a consent to communicate with current school (if child is enrolled in a preschool or kindergarten).
Examples of Information collected from parent and most recent teacher(s):

  • General Information, including specific reason(s) why acceleration is recommended
  • School History
  • Parent Questionnaire and Rating Scale
  • Teacher Questionnaire and Rating Scale (should be teacher who taught the child no more than six months ago)
  • Critical Items (e.g., aptitude testing, if available)
  • School and Academic Factors
  • Developmental Factors
  • Interpersonal Skills
  • Attitude Towards School and Current Supports  

Director of Teaching and Learning will assemble Accelerated Placement Team to review acceleration request and existing data. Parent will be notified in writing whether or not there is sufficient grounds to move forward in the consideration process.

If sufficient grounds exist to move forward in the consideration process...

  • Parents will be sent a letter specifying screening date(s) for the child, along with a Parent Consent to Screen Form. Screening will include academic, language, and social/emotional readiness skills.
  • Screening appointments take place on designated days (see SUMMARY OF TIMELINE below).

If sufficient grounds DO NOT exist to move forward in the consideration process...

  • Parents will be provided with a letter stating reason(s) why further acceleration consideration will not be completed. Parents can contact district personnel to discuss, but the decision of the district is final.

This step applies to students who have been recommended for, and have completed, individual screening appointments.

When the screening process is concluded, parents will be provided with a copy of the team’s decision regarding early entrance.

If the decision is 'yes,' parent will receive a communication explaining enrollment procedures and next steps.'

If the decision is 'no,' parents will be provided with a letter stating reason(s) why the child has not been accepted into a grade level early.  Parents can contact district personnel to discuss, but the decision of the district is final.

Summary of Timeline
  • March 1-May 1: Parent submits request for early entrance into K or 1.
  • Day After Current School Year - July 15: Individual Student Screening Appointments for Students Invited to Participate
  • By July 30:  Parent Letter with District Decision (Note: If a determination is made earlier, it will be communicated to the parents at that time.)
Questions and Answers Regarding Early Entrance Procedures
  1. Who does the school district define as the ideal candidate for early entrance?  
    An ideal candidate for early entrance is a student who consistently demonstrates compelling and extraordinary aptitude for academic learning and is well-balanced emotionally and socially. Accelerated students should be expected to achieve, relative to their new grade peers, at a high level once acclimated. Their performance is expected to remain in the highest tier throughout their academic careers.
  2. Why are the student screenings during the summer?  
    We believe it is important to utilize our highly-qualified faculty to conduct the screenings. They are certified personnel who work with our students in the early elementary grades and are experts in grade level standards and readiness expectations. During the school year, they are busy addressing the needs of their current students.  We want to keep teachers in their classrooms as much as possible. Therefore, screenings take place on designated days after the regular school year ends.
  3. Why is there a charge associated with this process?  
    There are no fees for the initial request for consideration.  If a child is recommended for an individual screening, the fees are used to defray costs for personnel and testing materials. If a parent is willing to provide documentation of financial hardship, the district will consider a fee reduction or waiver.
  4. Can my child be evaluated for whole grade acceleration during the school year?
    The best time to implement whole grade acceleration is at the beginning of a new school year, following an assessment and planning process that has occurred the previous spring (i.e., current students) or summer (i.e., new students).  Therefore, screenings will not be held during the school year.  Should a child require above grade level curricula during the school year, teachers have the ability to provide appropriate challenges and advancement by subject matter.
  5. Should I prepare my child for the screening?
    Parents do not need to prepare their child ahead of time since it’s important to see what a child already knows and his/her propensity for learning new information.  
  6. What if a parent does not agree with the findings of the team?  
    District personnel will provide parents with as much pertinent information as possible. We believe it is our responsibility to help parents understand the context and comparable data in which the decision was made.  However, once decisions are made by the district, they are final.
  7. Can a child with disabilities be considered for grade acceleration?
    Yes, the review process is geared toward discovering student strengths and learning talents. Reasonable accommodations can be made during the screening process so as to minimize the impact of a child’s disability on performance. Parents and current teachers will be a valuable resource for informing the screening team of what accommodations are recommended.
  8. Can a child whose primary language is not English be considered for grade acceleration?
    Yes, we strive to create processes that are culturally and linguistically sensitive. Reasonable accommodations can be made during the review process.  Our program of instruction is in English; therefore, screenings take place using English materials and established standards. Please consult with the Director of Teaching and Learning if this poses a language barrier.    
  9. If my child is not recommended for early entrance, how will the school meet his/her needs the following year if he/she enters significantly above grade level?
    We are proud of the fact that we do not have a one-size-fits-all curricula. Every year, we have students entering the early grades who demonstrate conceptual understanding and skills well beyond standard grade level expectations. Due to differentiated instructional practices, teacher access to above grade level materials, regular use of pretests and data analysis, teachers are able to meet students where they are and move them forward. We also have Advanced Learning Specialists at each elementary school who collaborate with homeroom teachers and other specialists to help teachers meet the needs of high performers.

Educational Records: Parental and Student Rights

The Lake Forest Public Elementary Schools maintain individual Permanent and Temporary records on each student, as follows:

A Permanent Record, prepared for each student, includes identifying information, attendance and academic information, a Permanent Health Record and accident reports. The permanent record is filed in the office of the school principal while the student is in attendance or until such time as the student completes eighth grade (or for previously transferred students when his class completes eighth grade) when that information is transferred to Lake Forest High School under terms of the intergovernmental agreement and remains in the custody of Lake Forest High School for a period of sixty (60) years.

The Temporary Record includes a Cumulative Folder which contains basic student information; i.e., birth date and place, family background, emergency health information, grades and academic record, standardized test scores, parent-teacher summary reports, awards and activities, and special education data, and is filed in the office of the principal of the school where the student attends.

A temporary Special Educational Record is also kept for all children referred for a case study evaluation and/or who receive special education services. This consists of referral information, observation and screening data, psychological evaluations, staffing and progress reports, reports from physicians and other agencies having direct contact with the student and other verified information deemed relevant to the education of the student. This record is housed in the Department of Student Services at the District 67 Administrative Center and may be reviewed by parent(s) at any time.

Upon transfer or permanent withdrawal from the district, temporary records are forwarded to the receiving school district upon written request.

The Permanent Health Record, all Temporary Student Records and all Special Education Records of the children in the 8th grade graduating class, including those who have transferred or otherwise withdrawn within the time period of five years prior to the 8th grade graduation of the student’s respective class and whose records have not been formally transferred to another district, may be delivered to Lake Forest High School District 115 on or following June 30th of the year of the 8th grade class graduation. Parents have the Right to review, challenge and make copies of all student records prior to graduation, transfer, or permanent withdrawal. Parents of students graduating from 8th grade should accomplish this prior to January of the year of the 8th grade graduation as all records are sent to Lake Forest High School District 115 per intergovernmental agreement.

All temporary records not requested by other receiving districts and/or left in the custody of District 67, prior to or following June 30, 1977, will be destroyed five (5) years following the student’s transfer or permanent withdrawal from the district, unless otherwise notified in writing by the parents or legal guardians of these students.

Parents have the following rights pertaining to student records kept by the school:

  1. The right to inspect and copy, at the parents’ expense, any permanent and temporary records. The cost of each copy shall be determined yearly. No person shall be denied copies due to an inability to bear the cost. Requests for access and review shall be made to the school principal and shall be granted within ten (10) school (work) days after the request has been received.
  2. Where parents of the child are divorced, copies of school permanent and temporary records shall be provided to both parents by mail when they are requested in writing by either parent unless a court order to the contrary is in effect. The specific materials to be furnished are as follows:
    • Reports or records, which reflect the pupil’s academic progress
    • Reports of the pupil’s emotional and physical health
    • Notices of school-initiated parent-teacher conferences
    • Notices of major school-sponsored events, such as open houses, which involve pupil-parent interaction
    • Copies of the school calendar regarding the child which are furnished by the school district to one parent be furnished by mail to the other parent
  3. Parents have the right to challenge the contents of student records. Following the review, the parents have the further right to challenge and correct or delete inaccurate, misleading, or otherwise inappropriate data contained therein at the discretion of the school principal.
  4. The parents have the right to request a hearing before a hearing officer appointed by the Superintendent of Schools, should an issue concerning the challenge be unresolved. The hearing is requested by completing a form furnished by the school and shall be set within fifteen (15) school days of the receipt of the form by the Superintendent of Schools, or his designee.
  5. Parents may request a list of free or low cost legal services through the Department of Student Services.
  6. If the hearing does not resolve the issue, the parents have a further right to request a hearing before the Superintendent of the Educational Services Region.
  7. Parents have the right to control access and release of school student records and the right to request a copy of information released.
  8. The school should grant access to, or release specific information from, school student records without parental consent or notification only to:
    • An employee or official of the school or school district or the State Board of Education, provided such employee or state official has a current demonstrable education interest in the student and the records are in furtherance of such interest.
    • To any person for the purpose of research, statistical reporting, or planning, providing that no student or parent can be identified from the information released and the person to whom the information is released signs an affidavit agreeing to comply with all applicable statutes and rules pertaining to school student records.
    • Pursuant to a court order, provided that the procedures outlined in Ill. Rev. Statutes, 1985, CH. 122, Article 50-6(a), (5) are observed.
  9. The Lake Forest High School shall maintain original student permanent and health records for sixty (60) years. Neither Lake Forest High School nor Lake Forest School District 67 shall maintain any student temporary record during a period of its usefulness to the student and school, and in no case longer than five (5) years following transfer or withdrawal from either school district.
  10. “Directory Information” may be released to the general public unless a parent specifically requests, in writing, that any or all such information not be released on his/her child. “Directory Information” shall consist of:
    • Identifying information: name, address, gender, grade level, birth date and place, and parents’ names and addresses.
    • Academic award and honors, and school attendance.
    • Information in relation to school-sponsored activities, organizations, and athletics.
  11. The Temporary Record shall include a copy of Record of Access (IST-3) or Notification of Subpoena (IST-4) of Definition of Term Parent: Parent(s) is defined as 1) Natural parent(s); 2) Stepparent(s); 3) Legal guardian(s); 4) the State of Illinois for children who are wards of the State (provisions of the Juvenile Court Act; 5) Foster parent(s); and 6) Surrogate parent(s) for those children who have no parent identified or who have parents that cannot be located.

The need for a surrogate parent(s) will be determined by the Department of Student Services who will follow State guidelines (Illinois 23) for determining the need for and assigning surrogate parent(s).

Information Regarding Student Accounts or Profiles on Social Networking Sites

In accordance with the Lake Forest 67 Board of Education's Policy 7:140 and the Illinois School Code Right to Privacy in the School Setting Act, 105 ILCS75/:

  • School officials may not request or require a student or his or her parent/guardian to provide a password or other related account information to gain access to the student’s account or profile on a social networking website.
  • School officials may conduct an investigation or require a student to cooperate in an investigation if there is specific information about activity on the student’s account on a social networking website that violates a school disciplinary rule or policy. In the course of an investigation, the student may be required to share the content that is reported in order to allow school officials to make a factual determination.

Full text of the policy can be found in the Board of Education Policy Manual.


Lake Forest School District 67 has purchased student accident insurance coverage on your child’s behalf. This program provides coverage for your child for any injuries incurred while participating in any school-sponsored and/or supervised activity, including athletics. If students have other insurance, District 67 coverage is secondary. Claim forms are available at the nurse's office.

For information about supplemental student accident insurance, please visit the Registration page.


Lake Forest Elementary School District 67 is committed to providing its students and staff with supportive and positive learning environment in its schools. Members of the school community are expected to treat each other with mutual respect. Disrespect among members of the Lake Forest Elementary School District community is unacceptable as it may threaten to disrupt the positive learning environment, which our District has achieved and continually strives to maintain.

Harassment or disrespectful behavior based on race, color, religion, national origin, sex, sexual orientation, age, or disability, whether committed by an administrator, teacher or a student toward any member of the Lake Forest Elementary School District community will not be tolerated. Harassment can include any unwelcome conduct, whether verbal, physical, or visual, and may include, for example, jokes about another person, derogatory remarks, demeaning comments or behavior, slurs, name calling, threats, and bullying.

All Lake Forest Elementary School District employees are responsible to help assure that harassment is avoided or promptly addressed in our school community. Any school employee who observes, overhears, or otherwise witnesses harassment based on race, color, religion, national origin, sex, age or disability should take prompt and appropriate action to address the harassment and to address the prevention of its reoccurrence.

If an employee or a student believes that they have been bullied or harassed, notification should be made to your principal, or the District’s Nondiscrimination Coordinator or Complaint Manager.

The District 67 Board of Education has adopted a number of policies that promote equal educational opportunities for children as well as policies strictly prohibiting bullying and harassment of any kind. If you should have any questions regarding your responsibility to address this in our schools, please do not hesitate to speak with your building principal, or the District’s Nondiscrimination Coordinator or Complaint Manager.

Nondiscrimination Coordinator:

Ms. Rebecca Jenkins
Asst. Supt. of Growth, Talent, and Human Relations
300 S. Waukegan Rd, Lake Forest, IL 60045

Complaint Manager:

Ms. Jennifer Hermes
Asst. Supt. of Business Services/CSBO
300 S. Waukegan Rd, Lake Forest, IL 60045

Notice of Special Educational Services for Exceptional Children

Lake Forest School District 67 provides special education services for exceptional children, ages three through fourteen. A Lake Forest child is eligible for special education services if he/she is: multi-disabled, orthopedically impaired, other health impaired, learning disabled, developmentally delayed, speech/language impaired, deaf-blind, visually impaired, hearing impaired, intellectually disabled, emotionally disabled, autistic, or suffers a traumatic brain injury. Parents are urged to contact Student Services staff in your child’s building to share information or concerns, which may lead to additional support or intervention for students preK-8.

Lake Forest School District 67 annually conducts a general screening at least two times a year for preschool children, ages three to five, who reside in Lake Forest. Registration is required prior to the screening. Call 847-604-7459 for more information.

Each child is entitled to nondiscriminatory evaluation for each identified and diagnosed disability. District procedures include the use of Response to Intervention (RtI) as part of the identification process. RtI is the practice of providing high quality instruction and interventions matched to student need, monitoring progress frequently to make decisions about changes in instruction and educational decision related to special education. A multi-disciplinary conference involving parents, teachers, and all members of the evaluation team review and determine eligibility based on RtI data.

Parents will be invited to participate in an annual review of their child’s Individual Educational Program (IEP) with full access to the child’s records and confidentiality as to their contents. If the parents’ or child’s primary language is not English, the child is evaluated by qualified personnel in his/her primary language and an interpreter may be provided if requested. If it is determined in the multi-disciplinary staff conference that the child’s disability is too severe or profound for a public school special education program, the school district will provide alternative placement. Public funds will pay for the child’s tuition to a private special education school only if it is determined as being appropriate, in the least restrictive environment, and is on the state of Illinois approved list. If the parents disagree with the Individual Educational Program proposed for their child or are dissatisfied with his/her present placement, or have been denied any of their rights, they have the right to an impartial due process hearing. The Illinois State Board of Education appoints an impartial hearing officer to hear both sides and renders a recommendation to the local education agency.

Parents are entitled to receive a copy of Rules and Regulations to Govern the Administration and Operation of Special Education, issued by the Illinois State Board of Education. A list of Parent Rights in brief will also be provided to the parent annually and will be reviewed with the parent at the time of the multi-disciplinary conference. Parents may request a list of free or low cost legal services through the Department of Student Services.

A temporary Special Education Record is also kept for all children referred for a case study evaluation and/or who receive special education services. This consists of the information referred to above and may also contain referral information, observation and screening data, psychological evaluations, staffing and progress reports, reports from physicians and other agencies having direct contact with the student and other verified information deemed relevant to the education of the student. This record is housed in the Department of Student Services at the District 67 Administrative Center. Annual notification shall be made to all residents of Lake Forest by the publication of this notice each year.

Questions concerning special education in Lake Forest School District 67 should be directed to
Mrs. Kate Cavanaugh, Special Education Coordinator, Ages 3-Grade 8, 847-235-9661, kcavanaugh@lfschools.net.

Again, a complete copy of the State Board of Education “A Parent’s Guide: The Educational Rights of Students With Disabilities” is available at the office. You are urged to consult this should your child be considered for special educational services. The Director of Student Services or her agent will review this with you.

Parental Questions, Concerns, or Inquiries

The District values open and direct communication with parents. Parents are encouraged to address their questions or concerns to the person or office most directly involved in the matter’s resolution. When subsequent conversation is deemed necessary, parents should follow the customary “chain of command” (i.e., teacher to principal to appropriate central office administrator to Board of Education). Those involved in addressing matters that are raised are committed to responding in an appropriate and timely manner.

Parental inquiries generally should be directed as follows:
  • Classroom Teacher – specific issues such as student progress, grade level or subject area curriculum, classroom practices or expectations, the instructional program, student assessment, student discipline, or other matters related to classroom activities or organization.
  • School Principal – school rules or regulations, student placement practices, student registration, parent participation and involvement, student records, special programs and related student services, building goals, or other matters related specifically to school-wide activities or organization.
  • Assistant Superintendent of Business Services, 847-604-7402 – district finances, buildings and grounds operations, district transportation services, food services, materials and activities fees, purchasing practices, facility rental, or other matters related to budget, finance or general operations.
  • Director of Teaching and Learning, 847-604-7416 - instructional practices, district curriculum, assessment, student performance and achievement, Multi-Tiered System of Supports (MTSS).
  • Director of Innovation, 847-235-9662 - innovative learning and inquiry, technology integration, Social Emotional Learning (SEL), digital citizenship, information literacy, library/media services, classroom learning environments.
  • Executive Director of Student Services, 847-604-7440 – gifted and talented evaluation, services, and programming, school safety, community wellness task force, social/emotional learning, special education evaluation, services, and programming.
  • Office of the Superintendent, 847-604-7401 – district policies or procedures and their application, general district questions or concerns, public communications, Board of Education meetings and agenda, or other matters related to district operations which are not defined within the general role descriptions delineated above.
  • Board of Education – board policies, practices, programs, operations, actions, or other matters related to governance should be directed to the Board Clerk, 847-604-7420, or Board of Education.

Permissive Transfers

District 67 is proud of its three outstanding neighborhood elementary schools. From time to time, a family may feel that a school other than their home school would best meet their needs. A student will be permitted to attend a school other than his/her neighborhood school provided that:

    • the student and/or family have an educational need or hardship that can only be satisfied by the transfer;
    • the transfer will not negatively impact class size or gender composition in the particular grade level at the requested school.

When a permissive transfer request is approved, parents assume responsibility for transporting their children to and from school per Board Policy 7:30 (please visit the Board of Education Page to view.)

Approved permissive transfers will last though the end of 4th grade. The student becomes a member of the new school’s community and will remain there barring any unforeseen circumstances.

Timeline to Request: March, April

Timeline for District Responses: May

* The timeline may be adjusted for siblings of students previously granted a permissive transfer.

Mandarin Program Attendees

Students who live in the Everett or Sheridan attendance area may apply to transfer to Cherokee to study Mandarin. Cherokee students who opt to study Mandarin will receive daily instruction, K-4. Students from Everett and Sheridan will be accepted as enrollment allows. When a student has been admitted to a school for a special program, he/she is considered a student at that school for the remainder of his/her Lake Forest elementary experience.

District transportation may be provided to attendees for a fee as the program is only offered at one school.

Timeline to Apply: February, March

Timeline for District Results: April

Full-Day Kindergarten

If full-day kindergarten is at capacity in one building, a student may attend the full-day program in another building, assuming space is available. This is a one-year transfer, not a permanent transfer.


Please direct questions to: Rebecca Jenkins, Deputy Superintendent, 847-604-7422 or rjenkins@lfschools.net.

Application Form

To request a permissive transfer or program change, you have two options:

Transfer from Lake Forest Schools

Parents should give advance notice of transfer to another school to the building principal to permit the preparation of transfer records and reimbursement of accumulated lunch funds or other fees.

Parents are required to sign a waiver so that academic and health records may be released to the school to which a child is transferred. Report cards and other student records will not be sent until all fees or debts have been paid, or satisfactory arrangements have been made with the principal.

Visitor Management

All visitors to school property are required to enter through the school’s main office and receive permission to remain on school property. All visitors are expected to use the exterior intercom to state their name and the reason for their visit. If granted entrance, visitors will use LobbyGuard, a self-serve kiosk that requires visitors to scan a valid driver's license prior to obtaining a badge to enter the school. Upon entry into the vestibule, visitors will use the touch screen at the kiosk to enter information and scan their license. Once approved, visitors will obtain a badge from the office staff. The office will keep either the driver's license or keys of each visitor entering the school. All visitors must check out before exiting the building and retrieve their driver's license or keys. LobbyGuard is currently in use at LFHS, so parents with students in both districts will now use the same process upon entry into all Lake Forest Schools.

Persons on school property without permission will be directed to leave and may be subject to criminal prosecution.